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US demands company pay full cost of toxic derailment in Ohio

February 21, 2023

The Environmental Protection Agency (EPA) issued the order under a so-called Superfund law. Residents remained worried about longterm health effects of toxic waste.

https://p.dw.com/p/4NoCD
A large plume of smoke rises over East Palestine, Ohio
Residents were worried about the longterm health effetcs of the toxic waste spilled by the train derailmentImage: Gene J. Puskar/AP/picture alliance

The US government demanded that the Norfolk Southern railroad company pay the entire cost of the cleanup of a toxic train derailment and chemical burn in the midwestern state of Ohio.

"This is their mess. They should clean it up," US President Joe Biden said.

Some of the railcars that derailed
The toxic waste caused by the train derailment jeopardized the health and safety of East Palestine's residents, the EPA saidImage: Gene J. Puskar/AP/picture alliance

The cargo train derailment in East Palestine, Ohio, on February 3 sparked a massive fire that triggered the release of toxic fumes such as vinyl chloride, a gas presumed carcinogenic by the US National Cancer Institute.

Several thousand residents had to be evacuated from the East Palestine area while authorities assessed the danger of the chemical burn. 

Norfolk Southern needs to be 'held accountable', EPA chief says

"The Norfolk Southern train derailment has upended the lives of families in East Palestine, and the EPA's order will ensure the company is held accountable for jeopardizing the health and safety of this community,'' EPA Administrator Michael Regan said in a statement ahead of a news conference.

"Let me be clear: Norfolk Southern will pay for cleaning up the mess they created and for the trauma they've inflicted on this community," he said.

He added that the order "cannot undo the nightmare that families in this town have been living with, but it will begin to deliver much needed comfort for the pain that Norfolk Southern has caused."

Biden blames Congress for insufficient legislation

President Biden said in a series of tweets in the early hours Wednesday that the Department of Transportation has clarified that a change to rail companies' "pattern of resisting safety regulations" was in order, following the incident in East Palestine with Norfolk Southern.

He accused rail companies like Norfolk Southern of pouring millions of dollars into efforts to push back on "common sense safety regulations."

"And it’s worked. This is more than a train derailment or a toxic waste spill," he said, referring to the derailment and controlled explosion in East Palestine, Ohio. He added, "It's years of opposition to safety measures coming home to roost."

Biden also called on Congress to join the government in implementing such safety measures, citing events in East Palestine. He said the Department of Transportation was limited in terms of the measures they could implement.

"For years, elected officials — including the last admin — have limited our ability to implement and strengthen rail safety measures," he said.

Long-term health worries persist for residents

Tests were conducted that showed no pollutants have entered the municipal water system. The air is also safe according to the authorities.

However, several East Palestine residents remain concerned, especially about long-term effects such as the possibility of developing cancer. Others have reported headaches. 

The Norfolk Southern train was shipping cargo from Madison, Illinois, to Conway, Pennsylvania with 150 cars, when 38 cars ended up derailing, 11 of which were carrying dangerous chemicals such as vinyl chloride and butyl acrylate, among others, the National Transportation Safety Board estimated.

What did the EPA say? 

The Environmental Protection Agency told Norfolk Southern to clean up contaminated air and water with all necessary measures. The EPA also said the company would be obligated to repay the federal government for a new plan to provide for impacted East Palestine residents and businesses.

The order is legally binding. 

 A train derailment and resulting large fire prompted an evacuation order in the Ohio
Norfolk Southern will have to take all necessary measures to secure water and air safety, EPA orderedImage: Melissa Smith/AP/picture alliance

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

The EPA issued the order under a so-called Superfund law that authorizes the agency to order those responsible for contamination or hazardous waste to take care of it.

The EPA is able to punish the railway with up to $70,000 a day if the clean up is not completed.

Alternatively, the EPA can also opt to do the work itself and bill Norfolk Southern for triple the cost.

los/ar (AFP, AP)