Impact of Ohio derailment ‘has been huge'; Norfolk Southern to pay for damages, DeWine says

Rail company Norfolk Southern Corp. will be held responsible for damages resulting from an Ohio train derailment that involved plastics feedstock vinyl chloride and resulted in environmental concerns for people and animals, state officials said at a Feb. 14 news conference.

"Norfolk Southern is responsible for this," Gov. Mike DeWine said at the event. "They did it and the impact on the community has been huge.

"We expect Norfolk Southern to cover the costs," he said. "They're responsible for this problem and we expect them to do what their CEO committed to pay for. If not, we have an attorney general and can file a lawsuit."

National Transportation Safety Board officials have said that the preliminary cause of the Feb. 3 derailment in East Palestine, Ohio, was a mechanical issue on an axle of one of the rail cars. They added that no injuries were reported from the three-person crew on board the train. NTSB is the primary agency investigating the derailment, which happened as the train was traveling east from Madison, Ill., to Conway, Pa.

DeWine added that he's had several phone calls with Alan Shaw, CEO of Atlanta-based NS, and has been assured that NS will remain in the area until the site is cleared and all environmental issues have been addressed.

Local residents were asked to evacuate their homes on Feb. 5 and were allowed to return on Feb. 8. The fire and VCM burnoff created black clouds of smoke that could be seen from miles away. The derailment also has led to concerns about air, water and soil quality in the affected area.

DeWine said the decision to drain and burn the VCM was made by state officials in Ohio and Pennsylvania — since the affected area affected both states — and railroad officials. The Ohio National Guard, activated by DeWine, also worked with the U.S. Department of Defense to model potential outcomes from the accident.

"We were faced with two bad outcomes," DeWine said. "We could do nothing and wait for a car to explode … and it would have been a catastrophic explosion sending shrapnel up to a mile. … We also looked at the effects of a controlled release and made the decision to go ahead."

DeWine added that he had received a call from President Joe Biden, who offered any support the federal government could provide. Pennsylvania Gov. Josh Shapiro was involved in the decision making via phone. DeWine added that he's been in touch with U.S. Senators Sherrod Brown and J.D. Vance.

At the news event, Ohio Department of Natural Resources director Mary Mertz said that 3,500 fish died in local waterways as a result of the accident. She added that the number of deaths have since declined and that there was no evidence of "non-aquatic species" being impacted by the derailment. Livestock in the area also have not been affected by the derailment, according to Ohio Department of Agriculture director Brian Baldridge.

Local media reports have said that chickens and other small animals in the area have been found dead. Officials with the East Palestine Fire Department and the Columbiana County Emergency Management Agency could not be reached to confirm those reports.

Tiffani Kavalec, Ohio EPA surface water division chief, said that no VCM has been detected in local waterways, although some volatile organic compounds (VOCs) have been found. She added that some of the tributaries lead to the Ohio River, but that the river "is very large and can dilute pollutants fairly quickly."

"The water is being treated to address concerns," she added. "We're confident that [VOCs] won't be passed on to [water] customers."

Ohio Department of Health Director Bruce Vanderhoff said that air levels in the area "are similar to what they were before the accident," but that residents using private water wells should use bottled water until their wells can be tested. Most area residents use a municipal water system which wasn't affected by the derailment, he said.

When asked if he'd return to his house if he lived in the area, DeWine said that "I'd be drinking bottled water and checking to find out what the tests show, but I'd probably be back in my house."

DeWine added that it was "absurd" that the train wasn't listed as high hazardous material, meaning there was no requirement for the railroad to notify Ohio officials that it was moving through the state.

"Congress needs to take a look at this and take appropriate action," he added.

The U.S. EPA already has issued a general notice of potential liability to NS. That letter documents the release or threat of release of hazardous substances, pollutants or contaminants to the environment following the derailment. It also outlines EPA cleanup actions at the site and the potential to hold Atlanta-based NS accountable for associated costs.

EPA officials said Feb. 13 that re-entry air screenings are underway in the area and that community air monitoring will continue operating 24 hours a day. As of the night of Feb. 12, 291 homes had been screened with no detections of VCM or hydrogen chloride identified. There are 181 homes that remain to be screened. Screenings were conducted after being requested by residents.

Officials added Feb. 14 that surface water sampling results from Feb. 4 detected pollutants connected to the derailment. Officials said that they expect the pollutants to degrade and dilute over time without additional negative impact to aquatic life.

NS contractors have installed a dam and a water bypass at Sulphur Run — one of the waterways where pollutants were detected — to prevent further contamination of downstream waters. Contractors also have stopped spillage of remaining spilled product into the stream.

EPA also posted online a list from NS of the hazardous materials carried by the train. The list shows the five VCM cars, as well as four cars of PVC resin and two cars each of polyethylene and polypropylene resins. Two of the PVC cars were listed as "involved in fire," while one of the cars had burned and the other was still burning, according to the list. The two cars of PP resin were not involved in the derailment. The status of the two cars of PE resin was unclear.

Two of the cars contained benzene, a chemical used in production of styrene monomer and other plastics feedstocks. The list said the two benzene cars were damaged by fire but were not breached.

In a Feb. 13 news release, NS officials said that more than 700 families and several businesses have been helped at a family assistance center opened by NS in nearby New Waterford. They added that more than $1 million has been distributed directly to families to cover costs related to the evacuation.

Officials said that NS has sampled East Palestine's drinking water supply wells, drinking water system and private wells in areas potentially impacted by the incident. Sample results will be available in the next week.

East Palestine has a population of about 5,000. It is located 15 miles south of Youngstown and about 50 miles northwest of Pittsburgh.