Norfolk Southern CEO grilled by U.S. Senate panel amid scrutiny over Ohio train derailment

Norfolk Southern CEO Alan Shaw assured a U.S. Senate panel Thursday that he'll stick by East Palestine as the company faces scrutiny over a train derailment there last month.

Shaw testified before the U.S. Senate Committee on Environment and Public Works over one month after a Norfolk Southern train carrying hazardous materials went off the tracks in East Palestine. An initial report from the National Transportation Safety Board found the train derailed after the crew was alerted to an overheated wheel bearing.

"Norfolk Southern will clean the site safely, thoroughly and with urgency," Shaw told senators. "You have my personal commitment: Norfolk Southern will get the job done and help East Palestine thrive."

But Shaw faced pointed questions from the panel about the company's response and whether they'll support efforts to increase rail safety in the wake of the incident. Senators also questioned whether Norfolk Southern and the federal government adequately communicated with people about the safety of their air and water.

Here are the highlights from Thursday's hearing.

Confusion, bravery and awe:What really happened after a train derailed in East Palestine

'The right thing'

The derailment spilled toxic chemicals into the environment, but state and federal officials say the air and village water system are now safe. Still, residents remain worried about their community and have reported headaches, rashes and other health issues.

Throughout the hearing, Shaw touted Norfolk Southern's efforts to assist East Palestine and address those concerns.

The company has so far spent $21 million and established a community liaison to communicate problems to Shaw's office. It's also working with Ohio Gov. Mike DeWine to create a regional training center for first responders in Ohio, Pennsylvania and West Virginia to help them safely respond to rail emergencies.

Mar 9, 2023; Washington, DC, USA; Alan Shaw, Norfolk Southern Corporation President and CEO, testifies before the U.S. Senate Environment and Public Works Committee during a hearing on protecting public health and the environment in the wake of the Norfolk Southern train derailment and chemical release in East Palestine, Ohio, Thursday, March 9, 2023 in Washington,

But Shaw was only willing to make so many commitments. He declined to say whether Norfolk Southern would compensate residents for long-term medical needs or decreased property values. Instead, he repeatedly said the railroad would do "what's right" and broadly suggested everything is on the table.

“The right thing to do is say, ‘Yes, we will,'" U.S. Sen. Ed Markey, D-Mass., said.

Ohio, Pennsylvania officials address communication issues

Testimony from Ohio and Pennsylvania officials highlighted communication gaps that hindered the initial response to the derailment.

U.S. Sen. Tom Carper, D-Delaware, cited a letter from Pennsylvania Gov. Josh Shapiro that criticized Norfolk Southern's handling of the incident, particularly a lack of communication with emergency responders. Shapiro said the railroad failed to convey its intention to release and burn all five cars containing vinyl chloride, instead of just one.

Company officials have said the controlled release was necessary to prevent a far more catastrophic explosion. But Eric Brewer of the Beaver County Department of Emergency Services in Pennsylvania said Norfolk Southern's sudden change of plans caused confusion among everyone involved.

"The decision to go from the one tank car to the five was jaw-dropping just because of the impact it had," Brewer said.

Aside from the company, U.S. Sen. Shelley Moore Capito, R-West Virginia, expressed concern that the EPA didn't provide enough answers to people in the immediate aftermath. She said news releases and online fact sheets don't go far enough to convey data to residents about the safety of their air and water.

“The initial delays in messaging and response has meant that the residents still do not trust the results enough to feel safe, and trust is essential in these situations," Capito said.

A worker keeps watch near the East Taggert Street railroad crossing as cleanup from a Norfolk Southern derailment continues on Tuesday, March 7, 2023 in East Palestine.
A worker keeps watch near the East Taggert Street railroad crossing as cleanup from a Norfolk Southern derailment continues on Tuesday, March 7, 2023 in East Palestine.

Will Norfolk Southern support rail safety bill?

U.S. Sens. Sherrod Brown and J.D. Vance used their testimony Thursday to tout bipartisan legislation that would strengthen oversight of trains carrying hazardous materials and increase penalties for railroads that break the rules.

Shaw said the company supports "legislative intent to make rail safer" and applauded some parts of the bill, including better standards for tank cars. But the measure also includes a requirement that at least two crew members staff rail operations, something Norfolk Southern previously lobbied against.

It's also unclear whether Vance will be able to generate enough GOP support for the legislation. During Thursday's hearing, he expressed frustration with some members of his party who are skeptical of piling more regulations onto the railroad industry.

“Do we do the bidding of a massive industry that is in bed with big government, or do we do the bidding of the people who elected us to the Senate and to the Congress in the first place?" Vance said. "I believe we are the party of working people, but it’s time to be the party of working people."

Brown and other senators noted that the East Palestine derailment isn't Norfolk Southern's only trouble.

Nearly 30 cars on one of its freight trains derailed near Springfield over the weekend, although that train was not carrying any hazardous materials. Days later, a Norfolk Southern worker died after being struck at a railroad crossing near a Cleveland steel plant.

Right before Thursday's hearing kicked off, another Norfolk Southern train went off the tracks in Alabama.

Haley BeMiller is a reporter for the USA TODAY Network Ohio Bureau, which serves the Columbus Dispatch, Cincinnati Enquirer, Akron Beacon Journal and 18 other affiliated news organizations across Ohio.

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This article originally appeared on Cincinnati Enquirer: Ohio train derailment: Alan Shaw testifies before Senate panel