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America February 22, 2023 3 mins read

Norfolk Southern must pay for the toxic train derailment in East Palestine, Ohio

America ı By Jackie Allen

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toxic train derailment

On February 3, a toxic train carrying hazardous materials derailed in East Palestine, Ohio. Residents fear that the clean-up of the site could take years. In the meantime, the locals are starting to suffer health problems. And the long-term environmental damage is still unknown.

 50 cars of a freight train operated by Norfolk Southern derailed, crashed, and burned.  And black clouds of toxic smoke spewed over the community of about 5,000 people. The town is just a few miles from Ohio's state line with Pennsylvania. 

It has since been confirmed that eleven of the derailed train cars were transporting hazardous materials. Five cars contained deadly vinyl chloride; a highly volatile colorless gas produced for commercial use.

There were no immediate injuries reported at the time of the accident. Now weeks later residents are suffering a variety of health concerns.

While the EPA says testing shows the air and municipal water in East Palestine are safe, Regan said those with symptoms they believe might be linked to the wreck should “seek medical attention.”

Those residents should “ensure that the state and local health agencies understand those experiences because as we force Norfolk Southern to take full accountability for what they’ve done, Norfolk Southern will pay for everything,” Regan said.

On Tuesday Norfolk Southern President and CEO Alan Shaw said, “From day one, I’ve made the commitment that Norfolk Southern is going to remediate the site.” 

EPA takes action in toxic train derailment

EPA Administrator Michael Regan announced the federal agency issued a legally binding order, effective Thursday, that Norfolk Southern must fully clean up and pay for the fallout from the incident. The EPA cited its authority under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). 

Regan summarized that Norfolk Southern would “Number one: They will clean up every single piece of debris, all of the contamination, to EPA specifications and satisfaction.” 

“Number two: They will pay for it – fully pay for it. At any moment, if we have to step in because they refuse to do anything, we will do the cleaning up ourselves. We can fine them up to $70,000 a day,” the EPA chief added.

“And when we recoup our total costs, we can charge them three times of the amount of the cost of the federal government. That is what the law provides.”

The order demands that the railroad company clean up every piece of debris, pay for all costs, and fully remediate the site. The company has already committed millions of dollars in financial assistance to East Palestine. 

The ongoing cleanup efforts include removing contaminated soil and water from under the railroad tracks at the derailment site. The tracks will be lifted to remove that soil.

While a potential $70,000-a-day fine is possible. But records show Norfolk Southern reported a record $4.8 billion in income from railway operations last year.

Pennsylvania Governor announces criminal referral

Meanwhile, Pennsylvania Governor Josh Shapiro has announced a criminal referral against Norfolk Southern for providing inaccurate information after the incident.

Transportation Secretary Pete Buttigieg is visiting East Palestine to show support for the affected community. 

Federal and industry statistics seem to show that rail is a safer way to carry hazardous materials than trucks or planes. Spills and leaks still happen. And over 5,000 incidents of hazardous materials spilling or leaking from trains have been reported over the past decade.

The toxic train derailment prompted calls for better rail safety. And brought new scrutiny to the transport of toxic substances in the U.S.

 

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Jackie Allen

Jackie is a freelance journalist and technology geek. She worked as a telecom project director for AT&T and BellSouth. Before joining the USA Herald she has written books, articles, blogs and whitepapers. Her clients include Samsung and other technology companies.

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