Albany CC Hazmat Forum Aug 15

Albany Common Council Educational Forum on Hazardous Materials: 

Albany Common Council Educational Forum on Hazardous Materials Citizens’ Environmental Coalition 119 Washington Ave., Albany (518) 462-5527 • www.cectoxic.org August 15, 2007

The Problem: 

The Problem Trains haul hazardous loads in close proximity to our homes, businesses, schools and daycare centers. Trains derail, collide, and otherwise suffer accidents leading to human casualties, evacuations, property and environmental damage caused by their hazardous loads among other factors.

The Problem (cont).: 

The Problem (cont). 3. American intelligence agencies have been aware for several years that Al-Qaeda is interested in targeting U.S. railroads. In 2002, the F.B.I. found photographs of U.S. railroad engines, cars and crossings in an Al Qaeda operative’s possession. Slow-moving and stationary freight trains are among the most vulnerable domestic targets to terrorist attacks.

The Problem (cont.): 

The Problem (cont.) 3 (cont). In 2003, an FBI specialist in weapons of mass destruction warned, “You’ve heard about sarin and other chemical weapons in the news. But it’s far easier to attack a rail car full of toxic industrial chemicals than it is to compromise the security of a military base and obtain these materials.”

The Problem (cont.): 

The Problem (cont.) 4. Insurgents in Iraq have used chlorine in multiple truck-borne attacks on US troops. The Chlorine Institute has recently quietly warned homeland security officials nationwide of recent thefts of chlorine gas cylinders from US facilities. New York City’s homeland security officials, which include former Bush Administration official Richard Falkenrath who has warned of “terror trains,” have instituted special inspections of chlorine trucks and facilities.

The Problem (cont.): 

The Problem (cont.) 4 (cont.) The U.S. NRL estimates that more than 100,000 people could be killed or injured within the first 30 minutes of a terrorist attack on one rail car of chlorine passing through a major city such as Washington, D.C., warning that lethally exposed people can die at the rate of 100 per second. In other words, the concern that a hazardous train cargo might be commandeered, derailed or otherwise used as a weapon against highly vulnerable civilians is NOT far fetched.

The Problem (cont.) : 

The Problem (cont.) 5. The Federal Railroad Administration's inspection, conducted from Jan. 19 to Jan. 22, 2007, after a derailment on Jan. 16 in East Rochester, N.Y, recommended that CSX be fined for 199 violations, including failure to replace defective rails, and failure to make repairs. (“Railroad Officials Find CSX Problems,” Tuesday, March 27, 2007, 3:46 pm ET By Alan Zibel, AP Business Writer)

The Problem (cont.): 

The Problem (cont.) 6. 28 cars on an 80-car freight train in upstate New York jumped the tracks in March near Oneida. Eight tanker cars contained flammable substances and caught fire, forcing the temporary evacuation of thousands of residents. The incident marked the fifth derailment involving CSX in New York since December 2006. Jacksonville, Fla.-based CSX is also rebounding from a derailment in Brooks, KY, which so far has cost the railroad $30 million. (“Railroad Officials Find CSX Problems,” Tuesday March 27, 3:46 pm ET By Alan Zibel, AP Business Writer)

The Problem (cont.): 

The Problem (cont.) 7. Hazardous cargoes currently travel through New York State on routes with little if any effective security. Due to voluntary re-routing around the US Capitol in DC, CSXT now routes hazardous cargoes on a long route through Ohio then through Buffalo, Syracuse, Albany and south through the NYC metro area on the way to northern New Jersey. CSXT apparently refuses to interchange cargoes onto the sensible nearby non-target route around DC, because it is a Norfolk Southern line. 

The Solution: 

The Solution 1. New York City has for 25 years had a Fire Code provision (Chapter 40) that requires the re-routing of the three most dangerous kinds of trucks around the city. The federal Second Circuit Court of Appeals decisively upheld this law, saying the public safety benefit far outweighed the admitted but minimal burden on commerce. The New York City precedent inspired the DC re-routing law, which has been closely imitated in bills introduced in 10 other major target cities and in major chemical state legislatures (NY, TN and TX).

The Solution: 

The Solution 2. The recently passed federal legislation to implement the recommendations of the 9/11 Commission included an amendment regarding hazardous train re-routing. While this is welcome and overdue news, Albanians cannot rest easy. There is no language in the law regarding re-routing for specific, named cities. Railroads are given two years to re-route around “high-consequence targets

The Solution (cont.): 

The Solution (cont.) 2 (cont.). ” We wonder, one, whether we here in Albany qualify as a “high consequence target,” and two, if we do, why we must wait two years for re-routing? 3. The Common Council should pass and the Mayor should sign Councilman Calsolaro’s proposed “ORDINANCE AMENDING CHAPTER 235 (HEALTH) OF THE CODE OF THE CITY OF ALBANY IN RELATION TO HAZARDOUS MATERIALS”

Thank you: 

Thank you