Harrisburg, PA – Three years after the Norfolk Southern train derailment in East Palestine, Ohio, Governor Josh Shapiro continues to support impacted communities in Beaver and Lawrence counties, working to update railroad safety regulations to prevent the type of errors that led to the 2023 derailment. At Governor Shapiro’s urging, the Pennsylvania Public Utility Commission (PUC) today voted 5-0 to update the Commonwealth’s railroad safety regulations for the first time in more than a decade. The Commissions’ approval of a proposed rulemaking begins the formal process of strengthening railroad safety standards across Pennsylvania.
“Since the train derailment in East Palestine three years ago, my Administration has worked to protect the health and safety of Pennsylvanians, hold the railroad industry accountable, and ensure a derailment like this can never happen again,” said Governor Shapiro. “My Administration continues to stand with the people of Beaver and Lawrence counties, and that’s why we are working with the Pennsylvania Public Utility Commission to update our Commonwealth’s rail safety regulations for the first time since 2013 and prevent the types of errors that led to this devastating derailment. Pennsylvanians deserve the peace of mind of knowing we took action to keep them safe – and my Administration will continue to take commonsense steps to protect our Commonwealth.”
Today’s vote represents the next step in Governor Shapiro’s ongoing efforts to strengthen rail safety and protect communities across Pennsylvania. Every step of the way, the Governor has stood by Pennsylvanians impacted by the East Palestine train derailment, fought to ensure accountability for Norfolk Southern, and called for strengthened rail safety across the Commonwealth.
Immediately following the train derailment in 2023, the Shapiro Administration was on the ground, working alongside local emergency management officials to ensure every Pennsylvanian in the evacuation area was personally contacted and safely evacuated if they chose to do so, and later able to safely return to their homes.
The Shapiro Administration’s immediate response also included establishing a health resource network hrough the Pennsylvania Department of Health (DOH), directly connecting residents to local providers, and conducting precautionary environmental testing to protect public health, with results posted publicly on the Pennsylvania Department of Environmental Protection (DEP)’s website.
At the Governor’s direction, Norfolk Southern has since repaid $1.4 million in reimbursements to Western PA fire departments and first responders for equipment losses incurred as a result of the train derailment, distributed $1 million for Western PA community relief, and committed to covering personnel costs for the Pennsylvania Emergency Management Agency (PEMA), DOH services including the Health Resource Center (HRC), and DEP’s work in Western PA, including independent testing and air monitoring.
Today’s 5-0 vote by the PUC builds on the Shapiro Administration’s work to strengthen public health and rail safety, and advances reforms not updated since 2013. The Commission adopted a motion by Commissioner Kathryn L. Zerfuss to enhance Pennsylvania’s rail safety requirements in light of evolving technology, operations, and risks.
“The East Palestine tragedy and other rail-related incidents highlight the need for stronger, commonsense safety regulations in Pennsylvania,” said PUC Commissioner Zerfuss. “These revisions to our railroad regulations will ensure that the Commission’s authority and responsibility are consistent with technological and operational changes that have reshaped the rail industry since 2013.”
PUC’s Proposed Rulemaking
In seeking to amend the state’s Railroad Transportation regulations at 52 Pa. Code Chapter 33, the Commission’s proposed rulemaking will consider, at a minimum, the following five rail safety enhancements:
- Wayside Detector Systems – Ensure the proper installation, maintenance and operational use of Wayside Detector Systems, a network of electronic devices installed along railroad tracks to scan passing trains for safety and mechanical issues. These systems are currently not addressed in federal regulations.
- Post-Inspection Compliance Reports – Railroad operators would be required to submit reports to the Commission demonstrating compliance with applicable federal laws following inspections that identify defects and/or potential violations.
- Train Speed Limits – An effort to preserve the PUC’s authority to regulate train speeds when necessary to address local safety hazards, particularly at rail-highway crossings. While federal law does have specific speed limits for trains based on the track classification and the train type, many states preserve their authority to regulate train speed to reduce local safety hazards and enhance public safety at rail-highway crossings.
- Analysis of Route and Emergency Response Procedures for Trains Carrying Hazardous Materials – Railroads would be required to conduct an analysis of routes for high-hazard flammable trains – taking into account the proximity to populated areas and safety considerations. Railroads would also be required to give the Commission access to their emergency procedures for trains carrying hazardous materials.
- Providing Information to the Commission on Which Entity is Responsible for Bridge Inspection, Maintenance and Repair – Railroads would be required to provide the Commission with information about which entities are responsible for bridge inspection, maintenance and repair on the rail-highway crossings under PUC jurisdiction.
Based on today’s motion, the PUC’s legal and technical staff will prepare a proposed rulemaking order for the Commission’s consideration within six months.
PUC’s Rail Safety Division
In Pennsylvania, there are approximately 5,600 miles of track, 5,600 public at grade crossings, 1,500 public highway above-grade crossings and 1,685 public highway below-grade crossings. Currently, approximately 65 railroad companies operate in Pennsylvania – more than any other state.
The PUC’s Rail Safety Division performs two primary functions. The Engineering Section handles applications/proceedings pertaining to the abolition, alteration, construction, relocation and suspension of public highway-railroad crossings in order to prevent accidents and promote public safety.
The Inspection Section handles complaints and conducts safety inspections at facilities of the railroad companies for compliance with PUC railroad regulations and Federal Railroad Administration (FRA) regulations as they relate to track, motive power and equipment, hazardous materials, operating practices and grade crossing.
Governor Shapiro and his Administration will continue taking commonsense steps to protect Pennsylvanians — working alongside the PUC and local, state, and federal partners to strengthen rail safety and support communities impacted by rail incidents.