House Panel Probes ‘Slow Pace’ of Biden Admin’s Response to Ohio Train Derailment

Secretary of Transportation Pete Buttigieg (C) visits with Department of Transportation investigators at the site of the derailment in East Palestine, Ohio, on Feb. 23 2023. Brooke LaValley-Pool/Getty Images

House Republicans are launching a probe of U.S. Transportation Secretary Pete Buttigieg’s response to the Feb. 3 derailment of a freight train that resulted in toxic chemicals being released into the air, water, and soil in Ohio.

In a letter to Buttigieg, 21 GOP lawmakers from the House Committee on Oversight and Accountability expressed concerns about the “slow pace” of the Department of Transportation’s (DOT) response, and its impact on the environment and public health.

The letter also questions the DOT’s alleged failure to ensure safe and reliable transport infrastructure in the United States.

“This incident is an environmental and public health emergency that now threatens Americans across state lines,” the lawmakers wrote. “Despite the [DOT’s] responsibility to ensure safe and reliable transport in the United States, you ignored the catastrophe for over a week.”

Buttigieg did not publicly address the derailment until 10 days after the fact. During a visit to East Palestine on Thursday, he admitted this was a mistake.

“The American people deserve answers as to what caused the derailment, and DOT needs to provide an explanation for its leadership’s apathy in the face of this emergency,” the lawmakers added.

The continuing cleanup of portions of a Norfolk Southern freight train that derailed on Feb. 3, in East Palestine, Ohio, on Feb. 9, 2023. Gene J. Puskar/AP Photo

The lawmakers asked the DOT to provide documents and information about how it handled the train derailment and the resulting environmental and public health emergency. Specifically, they want to know when Buttigieg became aware of the incident.

The letter requested any updates or modifications to DOT’s train maintenance and procedures. It also asked for an update on the NTSB’s investigation into the cause of the derailment, and for information on how the Pipeline and Hazardous Materials Safety Administration handles hazardous materials.

After the train derailed, crews burned off the toxic chemicals in a “controlled release” to avoid an explosion. These included the cancer-causing vinyl chloride transported in the train cars.

The lawmakers noted concerns about how this event created a “massive smoke plume” that stayed above the town of East Palestine for several hours.

“Alarmingly, some of these chemicals may still be present in the area, with residents reporting dead animals, strong odors, burning sensations, rashes, and watery eyes,” the lawmakers wrote.

The committee reminded Buttigieg of its authority to investigate “any matter” at “any time” under House Rule X, and requested that the documents and information be provided by March 10.

Response

Buttigieg responded in a tweet on Friday, sharing the letter and stating that he intends to respond formally. However, he noted that the NTSB is an independent agency and is not part of the DOT, even though the letter referred to it as “DOT’s National Transportation Safety Board.”

“I am alarmed to learn that the Chair of the House Oversight Committee thinks that the NTSB is part of our Department,” he wrote. “NTSB is independent (and with good reason). Still, of course, we will fully review this and respond appropriately.”

According to a Feb. 15 archive of the NTSB website, which was down as of press time, the NTSB was established as an independent agency “placed within the DOT for administrative purposes” when Congress consolidated all transportation agencies into a new department in 1967.

During a visit to East Palestine on Thursday, nearly three weeks after the derailment, Buttigieg admitted that he took too long to respond to the incident, answering “yes” when asked by a reporter.

Transportation Secretary Pete Buttigieg speaks with reporters in East Palestine, Ohio, on Feb. 23, 2022. Jeff Louderback/The Epoch Times

Buttigieg explained that he was silent for 10 days after the crash because he had been trying to maintain a “balance” between his desire to get involved and his duty as transportation secretary to allow the proper authorities, including the NTSB, to take the lead.

“I was taking pains to respect the role that I have and the role that I don’t have, but that should not have stopped me from weighing in about how I felt about what was happening to this community,” he said.

Until Thursday, an Environmental Protection Agency (EPA) official was the only Biden administration official to visit the town since the crash.

During his visit, Buttigieg promised accountability and higher safety standards. He cited an initial report released on the day of his visit by the NTSB with its initial findings on the cause of the derailment.

Buttigieg said that the DOT wouldn’t wait until the NTSB’s final report before it took actions to “raise the bar on rail safety and to hold people accountable.”

Buttigieg praised residents for their “resilience” and “decency” after the crash. He also referenced a plan he presented earlier in the week with three main objectives to prevent a similar incident from happening again.

The cleanup of portions of a Norfolk Southern freight train that derailed in East Palestine, Ohio, continues on Feb. 9, 2023. Gene J. Puskar/AP Photo

DOT Suggests Reforms

On Feb. 21, the Biden administration called on Norfolk Southern and the freight railroad industry to immediately improve safety measures.

Buttigieg called for a three-pronged push to hold the freight rail industry accountable and improve safety as public officials probe the cause of the derailment and monitor the public health impacts.

The suggested reforms demand that railroads protect workers who spot safety issues from reprisal, and deploy new inspection technologies without seeking permission to abandon human inspections.

Further, the DOT wants railroads to expedite the phase-in of safer tank cars, provide advance notification to state emergency response teams when transporting hazardous gas tank cars, and offer paid sick leave for rail workers.

The DOT also called on Congress to increase maximum fines for safety regulation violations.

Meanwhile, the DOT said it will advance several safety measures, including a rule regarding train crew size, and initiate focused safety inspection programs for routes with trains carrying hazardous materials and for “legacy tank cars.”

The DOT will also deploy resources from the Bipartisan Infrastructure Law to fund projects that modernize and improve rail tracks and eliminate at-grade rail crossings. The department will also pursue further rulemaking on high-hazard flammable trains and electronically controlled pneumatic brakes.

The Epoch Times contacted the DOT for comment.