Transportation Secretary Pete Buttigieg called on railway company Norfolk Southern on Sunday to support more industry regulations aimed at improving safety standards amid growing concerns about the environmental impacts of the company’s train derailment in East Palestine, Ohio.
“Norfolk Southern and your industry must demonstrate that you will not seek to supercharge profits by resisting higher standards that could benefit the safety of workers and the safety of American communities,” Buttigieg wrote in a letter to Norfolk Southern President and CEO Alan Shaw of stalled Obama-era regulations for railway companies.
“This is the right time for Norfolk Southern to take a leadership position within the rail industry, shifting to a posture that focuses on supporting, not thwarting, efforts to raise the standard of U.S. rail safety regulation.”
In the letter, the secretary also he would also be calling on Congress to increase the $225,455 cap on fines for breaches of railway safety laws, as well as announcing several steps to “immediately improve rail safety for workers and communities.”
Buttigieg has been facing mounting criticism from local officials, East Palestine residents, and lawmakers on both sides of the aisle over his handling of the Feb. 3 derailment.
Thousands of residents were evacuated on Feb. 6 for five days as fumes and smoke filled the air from an initial fire followed by controlled burns of vinyl chloride in five train carriages. A joint decision was made by Norfolk Southern and regulators to release the chemicals to prevent a catastrophic explosion of shrapnel as the carriage pressure relief devices had stopped working.
Soon after the crash, emergency response crews reported chemical contamination in two local streams—Sulphur Run and Leslie Run—prompting the installation of booms and underflow dams to contain the flow of contaminated water.
A chemical plume of butyl acrylate was also detected in the Ohio River, although it has since dissipated, according to the OHIO EPA, which did testing for both butyl acrylate and vinyl chloride.
The Ohio Department of Natural Resources estimated that about 3,500 fish died from leaked chemicals in the impacted waterways, and that butyl acrylate, which is used to make polymers and resins, was the primary toxin responsible.
Health Concerns
He added that the air inside more than 500 homes had been tested for phosgene and hydrogen chloride, the byproducts of vinyl chloride combustion, and no concerning readings were found inside or on the streets.
The EPA has also been monitoring for other chemicals known to be on the train and their combustion byproducts.
Chemical contamination is still visible in the section of Sulfur Run adjacent to the crash site, with authorities asking people to avoid the area.
“A section of Sulphur Run, which is very near the crash site ... remains severely contaminated,” DeWine explained. “We know this. It will be remediated.”
DeWine said that the U.S. Department of Health and Human Services (HHS) has agreed to set up medical clinics “to engage with residents” who have health concerns next week. A toxicologist is also on call to answer questions on 800-222-1222.
“We know that the science says that East Palestine is safe, but we also know that residents are very worried.
In his letter, Buttigieg said “it is clear that area residents are not satisfied with the information, presence, and support they are getting from Norfolk Southern in the aftermath and recovery. It is imperative that your company be unambiguous and forthright in its commitment to take care of the residents—now and in the future.”
Buttigieg also made a point to criticize the company for spending millions lobbying lawmakers to oppose additional government-proposed regulations for the industry. Such regulations include forcing trains to install controversial new electronic braking systems and minimum crew size requirements.
“The people of East Palestine cannot be forgotten, nor can their pain be simply considered the cost of doing business. 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,” he wrote.
“We know we will be judged by our actions, and we are taking this accountability and responsibility very seriously.”
Norfolk Southern’s Response
Shaw met with residents for a second time on Feb. 18.“In every conversation today, I shared how deeply sorry I am this happened to their home. We are going to do the right things to help East Palestine recover and thrive again,” he said.
Earlier last week, the company also announced a $1 million “Community Giving Fund” to be managed by town residents. It has also distributed more than $1.7 million in direct financial assistance so far to more than 1,100 families and businesses in East Palestine for evacuation costs like lodging, travel, food, and clothes. The family assistance center is processing claims for evacuated residents and can be contacted at 1-800-230-7049.
“We are committed to East Palestine today and in the future,” Shaw said when announcing the fund.
The company also reimbursed the city fire department $220,000 for the costs of their Self-Contained Breathing Apparatus (SCBA) air packs, which allow firefighters to breathe when responding to fires. More than 100 air purifiers have also been supplied to homes immediately around the crash site.
Darrell Wilson, assistant vice president of government relations for Norfolk Southern, said that the company is “committed to be with that community to get it right” after the “extraordinary” accident, noting that the company understands and expects legal claims for damages that will play out over time.
“For the process of damages and legal claims, that’s going to play out over a longer period of time, but we’re not going anywhere,” he said.
Immediately after the derailment, the company also contributed $25,000 to the Red Cross to provide rapid assistance during the immediate aftermath of the explosion. “We anticipate making further charitable contributions in East Palestine as conversations continue with local leaders and members of the community,” Wilson added.
The company has promised to cover all the costs related to the evacuation and cleanup of toxic chemicals from the accident.
According to DeWine, 8,350 cubic yards of contaminated soil and 1.1 million gallons of contaminants and contaminated liquid have so far been removed from the site immediately adjacent to the derailment.
DeWine said Norfolk Southern “should continue to pay and we’re going to insist that they pay whatever damages have been caused. The railroad is responsible for those damages.”
The EPA, which is in touch with responding groups, said in an update on Sunday that Norfolk Southern is currently focused on scrapping and removing rail cars at the derailment location, and working to excavate contaminated areas, including removing contaminated liquids from affected storm drains.
The agency said that water continues to be diverted as responders work to decontaminate the derailment site along a section of Sulphur Run.
Monitoring of Groundwater Needed
According to a FAQ document from Norfolk Southern, the company said it did not believe that contamination in East Palestine’s surface waters would affect the town’s drinking water.“The East Palestine water supply comes from a series of groundwater wells,” it said. “Due to the location of the derailment, it is improbable that substances from the derailment have impacted or will impact the groundwater or drinking water wells in the area.”
The Ohio EPA also said that the town’s main water supply was protected from immediate threats from the leaked chemicals. However, it said that possible chemical leaching into groundwater supplies is still being investigated.
“This is something we will look at—how deep is the contamination,” Ohio EPA’s Kurt Kollar said. “Not just horizontal, but depth, so that we can make sound decisions based on the information gathered during the investigation.”
He added that any homes concerned about their private drinking wells can call the 330-849-3919 hotline to have their water tested for contaminants.
