November 04, 2011

Durbin Calls for STB to Investigate Canadian National Train Derailment

Agency has authority to impose fines if Canadian National fails to ensure safety and properly maintain tracks along the EJ&E railway

[WASHINGTON, D.C.] – Following the second derailment of a Canadian National train near Elgin this year, U.S. Senator Dick Durbin (D-IL) today called on the Surface Transportation Board (STB) to open an investigation to determine if Canadian National is properly maintaining and upgrading the Elgin, Joliet and Eastern (EJ&E) railway to handle hazardous materials and prevent derailments.  The train which was reportedly carrying three hazardous material chemicals – sodium hydroxide, ferrous sulfate and organic acid – derailed on November 3, throwing 22 train cars off the tracks and shutting down Metra operations in an area near Elgin, Illinois.

 

“The STB has a responsibility to ensure railroads like Canadian National are doing everything possible to safely move freight through communities located along the EJ&E,” Durbin wrote.  “I encourage the STB to exercise its oversight authority to determine if Canadian National has properly maintained and upgraded the EJ&E rail line to handle hazardous materials and prevent derailments.  The STB should also conduct vigorous oversight of Canadian National to ensure it has followed the conditions imposed in your order approving the acquisition of the EJ&E.”

 

In the decision to approve Canadian National’s acquisition of the EJ&E in January 2009, the STB established an oversight period of 5-years to monitor the operational and environmental impacts of the acquisition.  This oversight period was instrumental in exposing Canadian National’s dangerous underreporting of more than 1,400 blocked road-rail crossings in communities along the EJ&E.  This finding resulted in a fine of $250,000 against Canadian National last year, the first penalty of its kind ever levied by the STB.

 

With the acquisition of the EJ&E Railway, Canadian National aims to increase freight rail traffic along the line (from 5 to 20 trains per day).  Durbin has been working to address community concerns about blocked crossings that exacerbate traffic bottlenecks and challenge emergency responders’ mobility, rail safety, noise, air pollution from additional congestion, and interference with proposed Metra expansions.   Last year, Durbin announced the City of Barrington received a $2.8 million grant to fund the planning, designing and engineering of a grade separation at the U.S. Route 14 and EJ&E crossing through the Department of Transportation’s Transportation Investments Generating Economic Recovery (TIGER II) program.

 

[Text of today’s letter is below]

 

November 4, 2011

 

Daniel R. Elliott III

Chairman

Surface Transportation Board

395 E St. SW, Washington DC 20423

 

Dear Chairman Elliott:

 

Given a major derailment yesterday along the Elgin, Joliet and Eastern (EJE) railway, I write to encourage the Surface Transportation Board (STB) to exercise its oversight authority to determine if Canadian National (CN) has properly prepared the EJ&E tracks. 

 

A Canadian National freight train reportedly carrying three hazardous material chemicals - sodium hydroxide, ferrous sulfate and organic acid – derailed yesterday, throwing 22 train cars off the tracks in an area near Elgin, Illinois.  This is the second derailment of a CN train near Elgin this year.  The train derailment occurred on the EJ&E rail line, a set of tracks acquired by the CN in an acquisition that was approved by the STB on December 24, 2008 and made effective on Jan. 23, 2009. 

 

The STB established an oversight period of five years from the approval of the CN-EJ&E acquisition.  This unique oversight period was established by the STB to monitor the operational and environmental impacts of the acquisition.  The oversight period was instrumental in exposing CN’s under-reporting of trains blocking road-rail crossings in communities along the EJ&E.  This finding resulted in a fine of $250,000 against CN last year, the first penalty of its kind ever levied by the STB.

 

I encourage the STB to exercise its oversight authority to determine if CN has properly maintained and upgraded the EJ&E rail line to handle hazardous materials and prevent derailments. The STB also should conduct vigorous oversight of CN to ensure it has followed the conditions imposed in your order approving the acquisition of the EJ&E. 

 

The STB has a responsibility to ensure railroads like CN are doing everything possible to safely move freight through communities located along the EJ&E.  I encourage you to immediately begin working with the other local and federal officials involved in the investigation of this derailment and use your authority to ensure CN is operating the EJ&E as safely as possible.

 

Thank you for your attention to this matter,

 

Sincerely,

 

 

Richard J. Durbin

U.S. Senator