Two Illinois municipalities are challenging new train safety rules they say would allow the continued use of oil and ethanol tank cars known to fail during accidents.

An attorney for the Village of Barrington and city of Aurora, both near Chicago, filed a petition Wednesday with the 7th U.S. Circuit Court of Appeals seeking to set aside portions of the rules.

The May 1 U.S. Transportation Department rules apply to trains with 35 or more tank cars carrying flammable liquids.

Suzanne Devane, a spokeswoman for the Illinois municipalities, says trains could haul up to a million gallons of product without upgrading the tank cars to make them more resilient during derailments.

Among a string of recent fiery accidents, an oil train derailed and burned March 5 near Galena, Illinois.