EAST PALESTINE, Ohio (NewsNation) — A year and three months after a Norfolk Southern train derailed in East Palestine, Ohio, the company has come to an agreement with the Department of Justice, Environmental Protection Agency and Department of the Interior to resolve all claims and investigations against it.
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.
“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.