D.C. Bans Hazmat Shipments

Recall last month that the Bush Administration was rebuffing efforts by the District of Columbia to place restrictions on hazardous materials transportation. The D.C. Council this week approved a 90-day ban on shipments of hazardous materials through the nation's capital, becoming the first jurisdiction in the nation to restrict shipments in response to the threat of terrorism. Council members who approved the ban said reassurances from federal officials were not enough to safeguard residents.

The legislation enacting the temporary ban does not require congressional review, though the council is also considering a bill for a permanent ban on hazmat shipments. That permanent ban would be subject to review by Congress.

Rail giant CSX Corp., which owns and operates the major freight line that runs through the city, passing within four blocks of the U.S. Capitol, is bound to object. Federal officials opposed D.C.’s action, saying that they have pushed CSX to voluntarily reroute dangerous materials.

The legislation bans the most dangerous classes of hazmat, including certain explosives, flammable and toxic gases. It also requires rail and trucking firms carrying other hazardous materials to obtain permits from the city's Transportation Department. Ban advocates say they expect about 5 to 10 percent of rail shipments to fall under the prohibition. Approximately 8,500 hazmat rail cars go through D.C. each year. Only a fraction of those would fall under the ban.

The U.S. Department of Homeland Security and the U.S. Department of Transportation have both said that federal and industry officials have taken safety measures that go beyond the D.C. ban but declined to say what material is being rerouted. Of course, one of those proposed measures included removing hazardous material placards from commercial transportation carriers. This would ostensibly eliminate the potential for terrorists to identify hazardous materials shipments as potential weapons, as well as make it virtually impossible for first responders to protect the public in the event of a release, and increase health and safety risks to those same first responders. Great idea, no?

No. With thinking like that, it is no wonder that municipalities are considering banning hazmat shipments through their jurisdictions. Though D.C.’s law probably would not withstand federal court challenge, CSX is not considering a legal challenge right now. Right now, publicity would only feed a national debate about the rights of communities to restrict the flow of hazardous materials, in a political climate where Congress and the administration have had little incentive to regulate rail transport. Spread the word.