KEY FACTS

  • Railroads follow strict laws and partner with agencies for hazmat remediation to protect communities and the environment effectively.
  • Experts monitor air, water, and soil for safe processes in remediating hazmat incidents.
  • EPA ensures compliance and long-term restoration as part of hazmat remediation efforts.

Railroads adhere to rigorous federal and state regulations regarding hazardous substance transportation and emergency response. They also follow their own emergency response plans. Six main federal statutory frameworks regulate hazardous substances and cleanups (shown below), along with various state regulations.

Railroads follow comprehensive emergency response plans

Railroads develop comprehensive emergency response plans with regulators, state emergency management agencies, the National Response Center, and safety experts. Through these federal laws (listed below), the Environmental Protection Agency (EPA) has the authority to require and oversee the cleanup of spills of hazardous substances. This is a crucial component of hazmat remediation efforts. In coordination with state and local authorities, the EPA approves cleanup plans. It sets required remediation requirements and oversees remediation activities from start to eventual finish.

  • The Comprehensive Environmental Response, Compensation & Liability Act: Also known as CERCLA or Superfund. It provides a mechanism to fund accidents, spills, and other emergency releases of pollutants and contaminants into the environment. Under CERCLA, EPA can seek out parties responsible for any release and assure their cooperation in the cleanup.
  • The Resource Conservation & Recovery Act (RCRA): Creates a framework for the proper management of hazardous and non-hazardous solid waste. The regulations promulgated by EPA mandate strict standards for the storage, transport, and disposal of hazardous substances.
  • The Clean Water Act: The principal law governing pollution control and water quality of the nation’s waterways. The object of the Clean Water Act is to restore and maintain the chemical, physical, and biological integrity of U.S. waters.
  • The Safe Drinking Water Act (SDWA): Requires many actions to protect drinking water and its sources, including rivers, lakes, reservoirs, springs, and groundwater wells. The SDWA authorizes EPA to set national health-based standards for drinking water to protect against both naturally occurring and man-made contaminants in the nation’s drinking water supply.
  • The Oil Pollution Act: Requires the development of Area Contingency Plans to prepare and plan for oil spill response on a regional scale.
  • The Hazardous Materials Transportation Act: Tasks the Secretary of Transportation to prescribe regulations for the safe transportation of hazardous materials. These include requirements for packaging, pre-transportation functions, and transportation functions.

Railroads deploy internal, contracted, and third-party environmental experts as part of hazmat remediation.

These qualified experts ensure a robust response to incidents and derailments. The unique situation and any risks from an actual or potential hazardous substance release determine the response. Using sophisticated equipment, they monitor the site and community air quality, soil, and water (surface, drinking, and groundwater). This process is essential for effective hazmat remediation. Independent third-party testing laboratories use approved testing methods to analyze these samples.

At times, experts may use portable testing equipment at a site to obtain quick results. This can guide initial containment and remediation actions. When applicable, experts conduct biological and wildlife assessments. They work along with associated animal rescue and other relevant mitigation experts as needed.

Railroad Accountability

EPA and other federal and state agencies ensure railroads comply with all regulations during short- and long-term monitoring and remediation. Early hazmat remediation at an incident site may include product containment, recovery, and bulk removal when commodities, fuel, or other substances are released. As site conditions change, agencies modify plans and adjust activities to fully address contamination.

EPA and state agencies must approve long-term monitoring, remediation, and eventual closure of an incident site to ensure compliance with regulatory requirements. Throughout the ongoing investigation, the National Transportation Safety Board (NTSB), EPA, local government, and railroads maintain consistent communications with the affected communities. This ensures a complete and successful remediation process.

Contamination Areas

If complete remediation of a site cannot be accomplished before rail service can be safely restored, areas of contamination are identified and delineated. Remediation strategies are then developed to conform to site conditions. These strategies apply when impacts remain within or below the track structure. Various types of remediation and associated site monitoring play crucial roles in hazmat remediation efforts. This ensures that the site is restored to applicable standards. EPA and state agencies remain involved in the process and are informed regarding site conditions.

THE BOTTOM LINE

Freight rail hazmat remediation is governed by strict federal laws and coordinated response plans. Through close collaboration with agencies like the EPA and continuous environmental monitoring, railroads work to protect communities, restore ecosystems, and maintain a safe and reliable transportation network.