A special-interest group is asking the Surface Transportation Board for an injunction to prevent RailAmerica and its Alabama Gulf Coast Railway from using a new standard operating procedure when moving chlorine and other toxic inhalation hazard (TIH) chemicals.
The group, comprising the American Chemistry Council, Chlorine Institute, Fertilizer Institute and PPG Industries, in a filing with the STB, said the new procedures would cause “serious irreparable injury” to “the entire TIH shipping network and the U.S. economy as a whole.” Instead, the U.S. should “maintain the status quo that has existed for decades.
“The impact of the RailAmerica SOP when applied by its 40 short line and regional carriers on TIH rail shipments can hardly be overstated. While the injury to the individual shippers and receivers of TIH materials resulting from the wasteful and unnecessary SOP procedures of RailAmerica with the resulting heavy additional costs would be substantial, it is much less dramatic than the injuries resulting from disruptions in normal shipping and manufacturing patterns and processes.”
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In a statement, RailAmerica said the Alabama railroad’s safety protocols “protect shipments of toxic and poisonous materials. The safety protocols begin with advance notification of a car's delivery and continue with a special inspection of the car once it comes into the railroad's possession. The toxic/poison cars are then placed into short, dedicated trains with no more than three toxic/poison cars per train after which the dedicated train is operated at a deliberate pace.”
RailAmerica said the shippers were inaccurate when they told the STB the enhanced safety program's procedures and requirements impose 'unnecessary and wasteful additional costs on the movement of (toxic) materials,' and that once implemented 'there will be no practicable way for the shippers and receivers of these (toxic) commodities to avoid the burdens or recover the costs incurred.'
RailAmerica said its railroads “have an obligation to provide common carrier service upon reasonable request and without imposing unreasonable requirements.'
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'Moving toxic materials and poison by rail imposes burdensome, costly and risky obligations on railroads,' said Paul Lundberg, chief operations officer for RailAmerica. 'Steps that enhance public safety should not be considered unnecessary, wasteful or burdensome where toxic and poisonous materials are concerned. We look forward to defending safe-handling practices designed to protect colleagues, neighbors and the communities we serve.' ' Chris Dupin
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