Federal environmental regulators on Tuesday took control of the clean-up from the derailment of the train carrying huge quantities of toxic chemicals in East Palestine, Ohio, earlier this month, and ordered the railroad company Norfolk Southern to foot the bill.
Amid growing fear and frustration among residents about safety and transparency, the Environmental Protection Agency (EPA) will now take control as the fallout from the 3 February train disaster moves from emergency response to the clean-up phase.
Norfolk Southern will be required to reimburse the federal government to provide cleaning services for impacted residents and businesses. If Norfolk Southern fails to comply with the order to identify and clean up all the contaminated water and soil, the EPA will take over the work, and seek triple damages from the multibillion-dollar company.
“Let me be crystal clear: Norfolk Southern will pay for cleaning up the mess they created and for the trauma they’ve inflicted on this community … in no way, shape or form will they get off the hook,” said EPA administrator Michael Regan at a press conference during his second visit to East Palestine on Tuesday.
“This order represents one of EPA strongest authorities to hold a company accountable for jeopardizing a community’s health and safety. It cannot undo the nightmare that families in this town have been living with but it will begin to deliver much needed justice for the pain that has caused,” Regan added.
The new hardline approach against the rail company marks a shift from the EPA amid mounting frustration and distrust of state and federal authorities among residents who have complained they have been getting mixed messages on safety. It comes as misinformation about the crash spreads online and growing concerns that rightwing conspiracists are trying to take advantage of the disaster for political gain. Former president Trump, who gutted environmental regulations, will visit East Palestine on Wednesday.
Although no fatalities or injuries have so far been reported from the toxic spill, a free community health clinic has been opened for residents who are demanding answers about short- and long-term health risks.
In addition to the clean-up, the company will be responsible for out-of-pocket medical costs, and must also reimburse fire services for equipment contaminated during the emergency response, it was announced.
“There is something fundamentally wrong when a train like this can come into a state and the current law does not require, despite what they were hauling, does not require them to notify the state or local officials. That simply has to be changed,” said Mike DeWine, the Republican governor of Ohio.
Fifty or so freight cars carrying toxic chemicals derailed on the outskirts of East Palestine, near Beaver county in Pennsylvania, prompting the evacuation of thousands of people as fears grew about a potential explosion of smoldering wreckage.
Officials seeking to avoid the danger of an uncontrolled blast opted to intentionally release and burn toxic vinyl chloride from five rail cars, sending flames and a towering plume of black smoke high into the sky.
The EPA order requires Norfolk Southern to submit a work plan for EPA approval for the clean-up associated with the derailment and aftermath. It was issued using the federal Comprehensive Environmental Response, Compensation and Liability Act, which gives the EPA authority to force industrial polluters to clean up what are usually referred to as superfund sites.
The order also signifies growing frustration from federal and state officials at the railroad company’s response so far.
“They chose not to participate in the unified command. They gave us inaccurate information and conflicting modeling data … they created confusion in this process,” said Josh Shapiro, the Democratic governor of Pennsylvania.
“The combination of Norfolk Southern’s corporate greed, incompetence and lack of thought for our residents is absolutely unacceptable. What the good people of Pennsylvania and Ohio deserve now is real accountability,” added Shapiro.
Residents were angry last week when Norfolk Southern did not attend a town hall meeting, but under the binding order the rail operator will now be required to attend public meetings and post information online.
The EPA will also create a “unified command structure” to coordinate the clean-up related efforts alongside the Federal Emergency Management Agency (Fema), the Department of Health and Human Services, the Ohio EPA, the Ohio emergency management agency and the Pennsylvania department of environmental protection, as well as Norfolk Southern.
The Associated Press contributed to this report
