D.C. Council restricts hazardous shipments through nation’s capital

The Council of the District of Columbia approved emergency legislation Tuesday restricting the shipment of hazardous materials within two miles of the U.S. Capitol and federal buildings.

The legislation--introduced by Councilwoman Kathy Patterson, D-Ward 3--requires rail and trucking companies to get a special permit before they can transport large quantities of extremely hazardous chemicals, such as chlorine or propane, through the nation's capital. Several council members have said the legislation was needed because the Homeland Security Department refused to order rail and trucking companies to reroute hazardous shipments.

CSX Corp., which owns the rail line running through Washington, sharply rebuked the council's move, saying it ultimately will make the city less safe.

"The unfortunate end result of today's action by the District of Columbia council would be to drive more of these materials to freewheeling trucks by frustrating the efforts of railroad to move materials in ways that are safe, secure and efficient," said CSX spokesman Bob Sullivan. "Today's action by the District of Columbia does not increase safety or security at all. In fact, it compromises it."

According to Sullivan, CSX has a security program for the District in partnership with the federal government. He declined to discuss specifics of the plan.

He added that CSX is "actively reviewing the council measure and will take all appropriate steps when that review is complete."

The CSX rail line runs through the District, crossing the Potomac River near the 14th Street Bridge, traveling close to the National Mall and within blocks of the U.S. Capitol and other federal buildings.

Patterson said her bill was aimed at eliminating the "grave and immediate" danger of a possible terrorist attack that exploits hazardous material shipments in the District.

Council members said they acted on the basis of testimony and evidence showing that a terrorist attack on a large hazmat shipment near Washington could create a deadly toxic cloud extending 14 miles, kill or injure as many as 100,000 people, and result in billions of dollars in economic damages.

The bill requires shippers of ultrahazardous cargo to receive a permit from the D.C. Department of Transportation before they can move large amounts of materials through a 2.2-mile exclusion zone. Shippers could obtain a permit only upon a showing that there is no practical alternative route lying outside the exclusion zone that would not make the shipment cost-prohibitive.

Concerns over rail shipments have heightened because of recent train wrecks. Earlier this year, a freight train carrying chlorine gas crashed in South Carolina, killing nine people, injuring more than 250 others and causing the evacuation of more than 5,000 people within a mile of the crash site. On Monday, a freight train carrying hydrogen chloride derailed in a suburb of Pittsburgh, Pa., forcing nearby residents to evacuate. No injuries were reported, and residents were evacuated as a precaution.

Democrats on the House Homeland Security Committee criticized DHS last November for not requiring railroads to reroute hazardous shipments around Washington.

The lawmakers said they were specifically concerned that DHS has not required CSX to reroute shipments. They said enough chlorine to kill or injure 100,000 people in a half hour is "often contained" in rail cars going through crowded urban centers, including the District.

DHS spokeswoman Michelle Petrovich said Tuesday that the department began addressing rail security around Washington long before the legislation was introduced. She said the department has taken "numerous aggressive steps in partnership with CSX" and has consulted with the DC Council regarding rail security.

For example, she said the department pulled together public and private partners in early 2004 to assess security needs along 42 miles of track in the D.C. area, which resulted in vulnerability assessments and recommendations for action.

The department has not, however, required the rerouting of rail shipments. Petrovich said it is "not the policy of the federal government" to mandate specific rerouting actions. She added that rail is one of the safest ways to transport hazardous materials in this country.

Sullivan said the rail industry has acted without being asked to and is working with the federal government on many security efforts. He said railroads are 16 times safer than trucks for moving chemicals and materials.

"CSX will continue to work closely with the federal government on the critical and vital issue of rail security," he said. "CSX and the rail industry have been leaders in the area of transportation security, pro-actively working on comprehensive and innovative measures without waiting for instructions."