EPA says it can fine Norfolk Southern $70,000 a day if it falls short of cleaning up and paying for the Ohio toxic train wreck | CNN

CNN
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The head of the Environmental Protection Agency threatened expensive consequences if Norfolk Southern fails to fully clean up its toxic train wreck and pay for the fallout in East Palestine, Ohio.

The EPA’s new, legally binding order – set to take effect Thursday – “will ensure that Norfolk Southern pays for the mess that they’ve created,” EPA Administrator Michael Regan told CNN on Wednesday.

For weeks, residents have reported a variety of health problems since the Norfolk Southern train carrying toxic chemicals derailed, spewing black clouds of smoke over the community of about 5,000 people.

To help prevent a deadly explosion of vinyl chloride, crews released the toxic chemical into a trench and burned it off.

While the EPA says testing shows the air and municipal water in East Palestine are safe, Regan said those with symptoms they believe might be linked to the wreck should “seek medical attention.”

Those residents should “ensure that the state and local health agencies understand those experiences, because as we force Norfolk Southern to take full accountability for what they’ve done, Norfolk Southern will pay for everything,” Regan said.

The EPA cited its authority under CERCLA – the Comprehensive Environmental Response, Compensation, and Liability Act.

On Wednesday, Regan summarized the EPA’s demands to Norfolk Southern:

“Number one: They will clean up every single piece of debris, all of the contamination, to EPA specifications and satisfaction,” Regan told CNN.

“Number two: They will pay for it – fully pay for it. At any moment, if we have to step in because they refuse to do anything, we will do the cleaning up ourselves. We can fine them up to $70,000 a day,” the EPA chief said.

“And when we recoup our total costs, we can charge them three times of the amount of the cost of the federal government. That is what the law provides.”

While a potential $70,000-a-day fine might sound steep, Norfolk Southern reported a record $4.8 billion in income from railway operations last year.

The company said it’s already been working with the EPA and local crews on the ground since the derailment on February 3.

“From day one, I’ve made the commitment that Norfolk Southern is going to remediate the site,” Norfolk Southern President and CEO Alan Shaw told CNN on Tuesday.

“We’re going to do it through continuous long-term air and water monitoring. We’re going to help the residents of this community recover. And we’re going to invest in the long-term health of this community. And we’re going to make Norfolk Southern a safer railroad.”

Norfolk Southern has committed millions of dollars’ worth of financial assistance to East Palestine, including $3.4 million in direct financial assistance to families and a $1 million community assistance fund, the company has said.

The ongoing cleanup efforts include removing contaminated soil and water from under the railroad tracks at the derailment site. The tracks will be lifted to remove that soil, Ohio officials said.

DeWine said 4,588 cubic yards of soil and 1.1 million gallons of contaminated water have been removed so far from East Palestine.

The contaminated soil became a point of contention last week after a public document sent to the EPA on February 10 did not list soil removal among completed cleanup activities. It is not yet known what significance or impact the soil that was not removed before the railroad reopened on February 8 will have had on the surrounding areas.

“There’s been a concern by citizens, very understandably, that the railroad started, got the tracks back on and started running and the soil under the tracks had not been dealt with,” DeWine said. “So, under the administrator’s order, that soil will be removed. So the tracks will have to be taken up and that soil will have to be removed.”

The derailment in East Palestine – near the Ohio border with Pennsylvania – led to evacuations in both states.

Now, Pennsylvania Gov. Josh Shapiro claims Norfolk Southern gave officials “inaccurate information” in the days after the toxic wreck.

“In sum, Norfolk Southern injected unnecessary risk into this crisis,” Shapiro said Tuesday.

He said Pennsylvania environmental officials have made a “criminal referral” against Norfolk Southern.

After the accusations, Norfolk Southern issued a statement to CNN:

“We recognize that we have a responsibility, and we have committed to doing what’s right for the residents of East Palestine,” the company said Tuesday.

“We have been paying for the clean-up activities to date and will continue to do so. We are committed to thoroughly and safely cleaning the site, and we are reimbursing residents for the disruption this has caused in their lives. We are investing in helping East Palestine thrive for the long-term, and we will continue to be in the community for as long as it takes. We are going to learn from this terrible accident and work with regulators and elected officials to improve railroad safety.”

On the Ohio side of the border, the state attorney general is reviewing all actions the law “allows him to take,” Gov. Mike DeWine said.

The toxic derailment has prompted calls for better rail safety and fueled questions about current laws about the movement of toxic substances.

US Transportation Secretary Pete Buttigieg will visit East Palestine on Thursday, days after he announced new rail safety efforts.

Ohio’s governor said it’s “absurd” there is no legal requirement that requires Norfolk Southern to notify officials that a train with hazardous materials will travel through the state.

“There is something fundamentally wrong when a train like this could 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,” DeWine said.

“The fact that this train did not qualify under current law requiring the railroad company to make that notification is just absurd.”

President Joe Biden called on Congress to help implement rail safety measures and accused the Trump administration of limiting the government’s ability to strengthen rail safety measures. He vented his frustration in an Instagram post.

“This is more than a train derailment or a toxic waste spill – it’s years of opposition to safety measures coming home to roost,” Biden wrote.