Pennsylvania Governor Josh Shapiro is blasting Norfolk Southern Corp. for its handling of a Feb. 3 train derailment that spewed Hazardous chemicals in in East Palestine, Ohio, near the Pennsylvania state line.
In a letter to Norfolk Southern President and CEO Alan Shaw, Shapiro excoriates the railway for acting unilaterally, failing to establish a Unified Command, and creating confusion that resulted in a general lack of awareness for first responders and emergency management of Norfolk Southern’s response.
Shapiro asserts the railway gave “inaccurate information and conflicting modeling about the impact of the controlled release that made protective action decision making more difficult in the immediate aftermath of the derailment.”
And the governor says Norfolk Southern’s “unwillingness to explore or articulate alternate courses of action to their proposed vent and burn limited state and local leaders to respond effectively.”
“… Norfolk Southern response personnel improperly planned tactical response operations without adequate input from elected officials, local response organizations, or state agencies, resulting in a single plan of action to vent and burn all five cars without allowing for input from Pennsylvania emergency management leaders,” the Democrat wrote in the scathing letter.
“Norfolk Southern failed to explore all potential courses of action, including some that may have kept the rail line closed longer but could have resulted in a safer overall approach for first responders, residents, and the environment,” Shapiro added.
The 50 car-train, 10 of which were carrying hazardous materials, derailed as a result of a technical problem with a rail car axle, according to federal authorities. There was vinyl chloride in five of the vehicles.
East Palestine, a community of about 5,000 residents, is located about 21 miles south of Youngstown, Ohio, and about 50 miles northwest of Pittsburgh, Pennsylvania.
As the gas gradually released into a trough and workers lit it on fire, it produced a sizable plume above East Palestine. Up until the late afternoon, residents could see flames and black smoke above the village. The EPA stated that it is still monitoring the air quality.
Three days after the derailment, Norfolk Southern Railroad torched the chemicals in the rail cars, sending dangerous gases into the air. Ohio Gov. Mike DeWine and Shapiro ordered the evacuation of hundreds of residents within a 1-mile by 3-mile radius encompassing East Palestine.
The derailment occurred about a quarter mile from the Pennsylvania state line “and has had significant impact on the residents, businesses, and environment in Beaver County [PA],” Shapiro wrote.
“The Pennsylvania Department of Environmental Protection (DEP) and Pennsylvania Emergency Management Agency (PEMA) were not immediately contact by Norfolk Southern and learned of the incident independently in the first few hours after it occurred …,” the governor asserts in the letter.
Shapiro said he appreciates that responding to train derailments presents an array of complex challenges, but the railway’s failure to adhere to well-accepted standards of practice and its “prioritizing of an accelerated and arbitrary timeline to reopen the rail line injected unnecessary risk and created confusion in the process.”
“You can be assured that Pennsylvania will hold Norfolk Southern accountable for any and all impacts to our Commonwealth,” the governor said.
While regulation of the railroad industry is mainly the purview of the federal government, Shapiro said his administration plans to take direct action. He has called on the Pennsylvania Public Utility Commission, charged with oversight of the state’s railroads, to review Norfolk Southern’s conduct and report its findings.
“Like me, members of our state legislative delegation are troubled by the conduct of Norfolk Southern during this incident,” the governor wrote.
He added that he also has spoken directly with President Joe Biden and Transportation Secretary Pete Buttigieg, who “have been constructive partners during this process.”
“I urge the federal Pipeline and Hazardous Materials Safety Administration to reexamine what constitutes a high-hazard flammable train and revisit the need for regulation requiring high-hazard flammable trains to carry more advance safety and braking equipment,” Shapiro wrote.
Buttigieg, however, has been heavily criticized for his slow response. The DOT secretary waited 10 days to address the derailment and its aftermath, while promising to “use all relevant authorities to ensure accountability and continue to support safety.”
As Fox News reported this week, Buttigieg failed to mention the derailment in a speech at the National Association of Counties conference on Monday, sparking a wave of backlash from both sides of the political aisle.
The woke transportation chief did have time to discuss racial disparity and Biden’s massive infrastructure bill at the event.
DeWine has said the decision to do the controlled explosion was basically the best of bad options. Emergency management officials believed one of the cars was going to explode.
Norfolk Southern said its priority right now is the community of East Palestine and the surrounding region.
“We are committed to ensuring health and safety through ongoing environmental monitoring and support for their needs,” the company said in a response to The Star News Network’s questions.
“Norfolk Southern was on-scene immediately following the derailment and began working directly with local, state, and federal officials as they arrived at the unified command established in East Palestine by local officials, including those from Pennsylvania. We remain at the command post today working alongside those agencies to keep information flowing from our teams working at the site. We have called the Governor to address his concerns, and we look forward to engaging with his office in the future to ensure they have answers to their questions,” the railway said in the statement.
Shapiro said he expects answers from the company.
“As you conduct your after-action report, I expect you to address these concerns and report back on what steps you are taking to rectify the situation and ensure this does not happen again,” the governor wrote.
Norfolk Southern Updates Community Assistance Efforts
In a press release, Wednesday, Norfolk Southern announced it is expanding the geographic area eligible for reimbursements “for costs and inconvenience related to evacuating the region. All East Palestine residents in the 44413 zip code are now eligible. Residents should bring proof of residency with them to the Family Assistance Center.
Those in need of assistance should visit the Norfolk Southern Family Assistance Center at Abundant Life Church located 46469 State Route 46, New Waterford, Ohio, or call 1-800-230-7049. Residents who want air and water testing should contact the Residential Re-Entry Request Hotline at (330) 849-3919.
If residents have further questions or concerns, they may call the CTEH Taggart Road Hotline at (234) 542-6474 to speak with a toxicologist.
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M.D. Kittle is the National Political Editor for The Star News Network.
Photo “Gov Josh Shapiro” by Gov. Josh Shapiro.
