Norfolk Southern not 'off the hook' for derailment, EPA admin says. What we know

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The governors of Ohio and Pennsylvania and the U.S. Environmental Protection Agency chief were in East Palestine, Ohio today to meet with residents after the Feb. 3 train derailment there.

During an afternoon press conference, federal officials announced Norfolk Southern will be held responsible for managing clean up related to the incident, during which about 50 rail cars, some carrying hazardous materials, derailed in the Ohio-Pennsylvania border village on Feb. 3, causing a release of toxic chemicals.

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An evacuation order has since been lifted, though several lawsuits have been filed alleging the railroad was negligent and careless in connection with the derailment. The incident is under investigation by the Environmental Protection Agency and the National Transportation Safety Board.

State officials say water and air testing hasn't revealed dangerous levels of contamination, though residents have complained of symptoms including headaches and eye irritation. Thousands of fish were also killed as the chemicals seeped into nearby creeks.

Ohio Gov. Mike DeWine said the Ohio Environmental Protection Agency will continue to test the water once a week. The U.S. EPA will continue air monitoring as well.

Here's what we know as of Tuesday.

Buttigieg calls for improved safety for freight railroads

U.S. Transportation Secretary Pete Buttigieg on Tuesday urged railroads and Congress to take action to improve rail safety nationwide following the derailment.

Buttigieg called on the freight rail industry to accelerate the phase-in of safer tank cars and provide workers paid sick leave and on Congress to raise existing caps on the fines for rail safety regulations.

In a letter to Norfolk Southern executives, Buttigieg warned the rail company that it must support the residents of East Palestine and surrounding communities, the Associated Press reported.

“Norfolk Southern must live up to its commitment to make residents whole – and must also live up to its obligation to do whatever it takes to stop putting communities such as East Palestine at risk,” Buttigieg wrote.

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Buttigieg has also demanded an end to what he's called the rail industry’s “vigorous resistance” to increased safety measures, including litigation and lobbying Congress.

Republicans and some Democrats have been skeptical of the response by Buttigieg, who was quiet in the days after the crash. He said he's been letting the NTSB conduct its investigation but plans to visit the area "when the time is right."

DeWine, Trump, others visit East Palestine this week

Ohio Gov. Mike DeWine, U.S. Rep. Bill Johnson and U.S. Environmental Protection Agency Administrator Michael Regan toast a glass of tap water with East Palestine resident Andris Baltputnis, 79, on Tuesday.
Ohio Gov. Mike DeWine, U.S. Rep. Bill Johnson and U.S. Environmental Protection Agency Administrator Michael Regan toast a glass of tap water with East Palestine resident Andris Baltputnis, 79, on Tuesday.

DeWine traveled to East Palestine Tuesday to provide an update on the status of remediation work at the derailment site. He was joined by Pennsylvania Gov. Josh Shapiro, who's been publicly critical of Norfolk Southern's response to the incident, and U.S. EPA Administrator Michael Regan.

As part of their visit, DeWine and Regan made a point of visiting with residents and drinking the municipal tap water, which Ohio EPA officials have said is safe to drink.

DeWine also called on Congress to reexamine rail safety regulations.

"There is something fundamentally wrong when a train like this can come into a state and the current law...despite what they (the railroad) were hauling, does not require them to notify the state or local officials," the governor said. "That simply has to be changed."

Former President Donald Trump plans to visit East Palestine on Wednesday to meet with community members.

And consumer advocate and president of Brockovich Research & Consulting Erin Brockovich will also visit East Palestine on Friday, the legal clerk and environmental activist posted on Twitter.

EPA orders Norfolk Southern to handle clean up of derailment site

Just over two weeks after the fiery derailment, the U.S. EPA on Tuesday ordered Norfolk Southern to conduct all necessary actions associated with clean up.

As part of the order, Norfolk Southern will be required to:

  • Identify and clean up contaminated soil and water resources.

  • Reimburse EPA for cleaning services to be offered to residents and businesses to provide an additional layer of reassurance, which will be conducted by EPA staff and contractors.

  • Attend and participate in public meetings at EPA’s request and post information online.

  • Pay for EPA’s costs for work performed under this order.

The EPA said it also plans to approve a work plan outlining all steps necessary to clean up the environmental damage caused by the derailment.

If Norfolk Southern fails to complete any actions as ordered, the EPA said it will immediately step in, conduct the necessary work and then seek to compel Norfolk Southern to pay triple the cost.

"In no way, shape or form will Norfolk Southern get off the hook for the mess that they created," Regan said during a Tuesday afternoon press conference.

The EPA said its order marks the transition of the multi-agency response from its “emergency phase” to a longer-term remediation phase

In a release Monday, the company said 15,000 pounds of contaminated soil and 1.1 million gallons of contaminated water have been excavated from the derailment site, with the material being taken to landfills and disposal facilities.

Norfolk Southern also said a series of pumps have been placed upstream to reroute Sulphur Run around the derailment site. The East Palestine creek is one of the most contaminated in the area.

The majority of the hazardous rail cars that derailed have been decontaminated and are being held on-site to allow the National Transportation Safety Board to continue its investigation, according to the railroad. Once that is completed, the cars will be scrapped and moved off-site for disposal.

The company says it's spent over $5.6 million so far in financial assistance to the East Palestine community and an East Palestine resident who works for the railroad has accepted a one-year position as a community liaison.

The liaison will report to Norfolk Southern CEO Alan Shaw's chief of staff and will oversee a budget of $1 million for community needs and improvements, the company said.

"I want residents of East Palestine to know that Norfolk Southern will be in their community to help for as long as needed," Shaw said in the release.

Shaw visited East Palestine on Saturday in the wake of criticism of the company's response to the derailment. He said he was "there to support the community" but declined to give further comment.

Representatives from Norfolk Southern were absent from a public meeting attended by hundreds of people, with officials saying they were worried about physical threats.

Ohio Department of Health to open clinic in East Palestine

State officials have announced the opening of a clinic Tuesday where those living in or near East Palestine can go with medical questions or concerns related to the derailment.

The Ohio Department of Health-run clinic is being held at the First Church of Christ, 20 W. Martin St., in East Palestine. Appointments can be made by calling 234-564-7755 or 234-564-7888.

Inside the church will be two assessments rooms. Outside, the Community Action Agency of Columbiana County will operate a mobile unit.

Registered nurses and mental health specialists will be on hand. A toxicologist will either be on site or available by phone, the state health department said in a news release.

Hours for this week are as follows:

Church assessment rooms

  • Tuesday 12-6 p.m.

  • Wednesday 8 a.m. to 8 p.m.

  • Thursday 8 a.m. to 4 p.m.

  • Friday and Saturday 8 a.m. to 8 p.m..

  • Closed Sunday.

Mobile unit

  • Tuesday 12-6 p.m.

  • Thursday-Friday: 8 a.m. to 8 p.m.

A team from the Agency for Toxic Substances and Disease Registry will interview people in the area and conduct a chemical exposure investigation.

And weekly public meetings with emergency responders and other officials will begin Feb. 23, according to the White House.

The Columbus Dispatch contributed to this report.

This article originally appeared on Cincinnati Enquirer: Norfolk Southern not 'off the hook' for derailment. What we know