East Palestine Progress: The Good, The Bad, & The Ugly

An Ohio Committee Requests Continued Long-Term Testing of Soil & Water At & Near The Derailment Site For The Next 20 Years.

Photo by Johannes Plenio on Unsplash

More than 7 months after a Norfolk Southern train derailed in East Palestine, Ohio, carrying hazardous chemicals that spilled in the nearby area, a new legislative report has been released along with an executive order from the Biden administration, while the U.S. EPA continues its cleanup efforts.

We still don’t know all of the toxins involved in this disaster and that remains a big problem. We know that the following toxic chemicals were found in the air, soil, and water near the crash site: vinyl chloride, butyl acrylate, ethylene glycol, isobutylene, and ethylhexyl acrylate.

More independent testing in the area is needed to understand the full scope of this chemical overload.

Last week, U.S. President Joe Biden issued an executive order directing the appointment of a disaster recovery coordinator for the Feb. 3 Norfolk Southern derailment. FEMA then announced Jim McPherson would step into that role to conduct a comprehensive assessment of any unmet needs that are not addressed by Norfolk Southern.

I hope he begins by talking to the people who continue to report health issues including bloody noses, burning throats, nausea, and more serious conditions.

The White House said Ohio’s request for a major disaster declaration remains open and could be approved at a later date, which is not great news for residents who have advocated for this next step.

The Unity Council, a grassroots group made up of impacted residents in Ohio and Pennsylvania, lobbied this summer in Washington, D.C., for federal aid to East Palestine. They have also helped bring almost 17,000 signatures to a petition that urges the president to approve the Major Disaster Declaration East Palestine.

“Only President Biden has the power to approve Ohio Gov. Mike Dewine’s request for a disaster declaration in East Palestine,” the petition reads. “By approving the request, President Biden would enable the federal government to give residents the financial relief and comprehensive environmental testing that they desperately require.”

Meanwhile, EPA personnel have been on site to lead on-the-ground response efforts. A full site assessment continues.

Locally, East Taggart Street has been closed to traffic since the Norfolk Southern train derailment in February, so that trucks could transport waste, equipment, and materials in and out of the cleanup work areas. Now, as the cleanup work has progressed, the Unified Command* has determined that the street can open in the overnight hours. This initial reopening will still include the presence of safety signs, lights, flagging personnel, site security, access controls, and associated equipment, with continued air monitoring of the project for environmental safety.

*Unified Command includes: U.S. Environmental Protection Agency, Columbiana County Emergency Management Agency, Village of East Palestine Ohio, Environmental Protection Agency, and Norfolk Southern Corporation.

The EPA also reported in its latest derailment newsletter that sediment sampling in both Leslie and Sulphur Runs is complete.

The EPA reported that the “data generated by this work are being evaluated and compared to human health and ecological risk threshold criteria” and that the results “will lead to a determination about whether additional actions will be required and what those actions should be.” So the results are still out, and I know many folks are eager to get the final results.

The condition of both waterways since February’s rail disaster has been a concern for many residents, as the rainbow sheen of chemicals prevails.

An Ohio Senate committee has also been examining the details of what happened that night and the days that followed. They are recommending continued long-term testing of both soil and water near the derailment site. The report confirms that “the water in Sulfur Run near the derailment site is grossly contaminated.”

The Select Committee on Rail Safety was formed on February 24, 2023 to better understand why the derailment occurred, where the recovery stands, and to determine how the Ohio General Assembly can help the people of East Palestine recover, and how to best prevent and respond to future accidents.

The 10-member committee held five meetings, and made a site visit to East Palestine. The result of the months-long investigation were the following recommendations:

1. Encourage the passage of the Railway Safety Act of 2023, S.576 in Congress and urge improved coordination between state and federal governments to better convey their respective oversight and responsibilities of trains and rail safety to the general public. (This bill has been introduced with no further action from either political party.)

2. Establish a clear and concise chain of command when emergencies occur.

3. Provide additional resources for training for volunteer fire and EMS personnel.

4. Consider emerging technology that can quickly identify rail cars and the materials in them to assess how to manage the accident and limit the damage that occurs due to a derailment.

5. Request continued long-term testing of soil and water at and near the derailment in East Palestine for a period of at least 20 years.

6. Encourage improved communication between rail companies and local EMAs to better equip local communities with necessary information to improve their response to potential emergencies, such as what kind of materials pass through their jurisdiction, who operates the rail lines, and emergency contact information for each rail line operator.

7. Request funding a report on agriculture in the East Palestine region in the next operating budget.

8. Encourage research on alternative resources that may be utilized by first responders to put out hazardous material fires such as soil and sand.

The committee advocated for provisions enacted in H.B. 33 (FY24/25 Main Operating Budget), providing $100 million for Rail Safety Crossing Match (O.R.C. 411.20 and O.R.C. 513.10).

It also supported provisions enacted in H.B. 23 (FY24/FY25 Transportation Budget): requiring two person crews (O.R.C. 4999.99), requiring the use and installation of more wayside detectors by train companies (O.R.C. 4955.50 and 4955.51), and completion of a study by the Public Utilities Commission regarding the effectiveness of wayside detectors (O.R.C. 749.20).

You can download the entire Ohio Senate committee report here.

The good in East Palestine is that resources are trickling in, strong recommendations for the future have been outlined, and cleanup efforts continue. The bad is that the polluter, Norfolk Southern, leads those efforts. Without access to true independent testing, it’s hard to know the full extent of damage and repair needed. The ugly is that the company and our elected officials need to advocate for stricter regulations governing the rail industry as a whole to make it safer for everyone.

All those impacted by this disaster don’t need lip service, they need legislative action.

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