Ohio train derailment: Norfolk Southern, DOJ, EPA reach agreement
- Norfolk Southern train derailed in East Palestine on Feb. 3, 2023
- Norfolk Southern, DOJ, EPA reached a settlement valued at over $310M
- Separate $600M settlement will resolve class action lawsuit claims
Testing on staging11
EAST PALESTINE, Ohio (NewsNation) — A year and three months after a Norfolk Southern train derailed in East Palestine, Ohio, the company has agreed with the Department of Justice, Environmental Protection Agency and Department of the Interior to resolve all claims and investigations against it.
The federal government agreed to a $15 million fine from Norfolk Southern over the derailment and chemical disaster. To put that into perspective, Norfolk Southern made $527 million in profits in the fourth quarter alone last year.
This comes just days after a federal judge signed off on the $600 million class action settlement over last year’s toxic train derailment that will likely resolve claims against the railroad and other defendants in the lawsuit.
The agreement between Norfolk Southern, DOJ, EPA and DOI establishes long-term health monitoring services for residents and first responders in East Palestine, as well as codifies rail safety improvements, the news release said. The agreement also recognized the rail company’s “extensive community investments.”
“From day one, it was important for Norfolk Southern to make things right for the residents of East Palestine and the surrounding areas. We are pleased we were able to reach a timely resolution of these investigations that recognizes our comprehensive response to the community’s needs and our mission to be the gold standard of safety in the rail industry. We will continue keeping our promises and are invested in the community’s future for the long-haul.”
Alan H. Shaw, president and CEO of Norfolk Southern
What is in the agreement?
To resolve all claims and investigations regarding the Ohio train derailment, Norfolk Southern included the following pledges in its news release:
- Pay a $15 million civil penalty and reimburse the EPA for its full response expenses, which are approximately $57 million through Nov. 30, 2023, as well as subsequent response costs.
- In addition to completing clean-up of the derailment site, implement several environmental remediation projects to address preexisting pollution and to improve water quality in the region. This is estimated to cost $7 million.
- Continue monitoring of groundwater and surface water bodies estimated to cost $10 million to $15 million. Additionally, a drinking water monitoring program will be established, which is estimated to cost $15 million over 10 years.
- Establish a $25 million community health program that will provide medical exams and mental health services for the community and first responders for up to 20 years.
- Spend $244 million on safety initiatives through 2025, as part of the company’s safety plan and investments in safety infrastructure, technology and training.
What happened in East Palestine?
On Feb. 3, 2023, a Norfolk Southern train carrying hazardous chemicals derailed in the small Ohio community.
Some 1,500 residents were told to evacuate following the crash. Fearing an explosion, officials decided to vent and burn five tank cars, releasing 116,000 gallons of the carcinogen vinyl chloride into the air. Later, a toxic plume of smoke smothered the region.
However, three days later, the Environmental Protection Agency said it had not detected contaminants at “levels of concern” and gave the all-clear for residents to return.
Residents of East Palestine complained of rashes and sickness. They’ve also criticized the government for downplaying their concerns that their community is no longer safe to live in.
Controlled burn was unnecessary: NTSB
Last month, National Transportation Safety Board Chair Jennifer Homendy testified before the Senate that the controlled burn and explosion set off in the wake of the derailment could have been avoided.
Several pieces of necessary information were not shared with state and local leaders who decided to vent and burn five tank cars after being advised by Norfolk Southern contractors at the scene of the crash that it was their only option.
FILE – This image taken with a drone shows portions of a Norfolk Southern freight train Saturday, Feb. 4, 2023, that still burns after it derailed the night before in East Palestine, Ohio. The lawyers who negotiated a $600 million settlement with Norfolk Southern over that railroad’s disastrous 2023 derailment in eastern Ohio want residents to talk with them before deciding the historic deal isn’t enough. (AP Photo/Gene J. Puskar, File) 
FILE – A black plume rises over East Palestine, Ohio, as a result of a controlled detonation of a portion of the derailed Norfolk Southern trains Monday, Feb. 6, 2023. (AP Photo/Gene J. Puskar, File) 
Portions of a Norfolk Southern freight train that derailed the night before burn in East Palestine, Ohio, Feb. 4, 2023. (AP Photo/Gene J. Puskar) 
FILE – Portions of a Norfolk Southern freight train that derailed the night before burn in East Palestine, Ohio, Feb. 4, 2023. The White House says President Joe Biden will visit the eastern Ohio community that was devastated by a fiery train derailment in February 2023. (AP Photo/Gene J. Puskar, File) 
FILE – A black plume rises over East Palestine, Ohio, as a result of a controlled detonation of a portion of the derailed Norfolk Southern trains, Feb. 6, 2023. The Biden administration is initiating a formal evaluation of risks posed by vinyl chloride, the cancer-causing chemical that burned in a towering plume of toxic black smoke following a fiery train derailment earlier this year in eastern Ohio. (AP Photo/Gene J. Puskar, File) 
A black plume rises over East Palestine, Ohio, as a result of a controlled detonation of a portion of the derailed Norfolk Southern trains, on Feb. 6, 2023. Norfolk Southern CEO Alan Shaw is set to testify before an Ohio Senate rail safety panel on Tuesday, April 18, more than two months after the fiery train derailment rocked the village of East Palestine. (AP Photo/Gene J. Puskar, File) 
EAST PALESTINE, OH – FEBRUARY 25: A Norfolk Southern train passes underneath a bridge on February 25, 2023 in East Palestine, Ohio. On February 3rd, a Norfolk Southern Railways train carrying toxic chemicals derailed causing an environmental disaster. Thousands of residents were ordered to evacuate after the area was placed under a state of emergency and temporary evacuation orders. (Photo by Michael Swensen/Getty Images)
“They were provided incomplete information to make a decision,” Homendy said.
An investigation by the NTSB found that Gov. Mike DeWine, East Palestine Fire Chief Keith Drabick and several other officials were told they had minutes to decide whether to vent the train cars or wait and risk an uncontrolled explosion.
“There was another option: Let it cool down,” she said.
Residents plagued with health issues
The problem is that initial EPA and Norfolk Southern testing done at the derailment site showed the presence of dioxins, the most carcinogenic compounds on the planet, but officials did not test any of the residents’ health.
Independent testers who visited East Palestine examined the environment and people. Some tested the soil, others the water in local creeks and air filters in homes around the derailment site. The independent testing has shown evidence of toxins in the soil, air and water.
Residents have been diagnosed with vinyl chloride in their blood and complained of respiratory issues.
The Associated Press contributed to this report.