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EPA: Norfolk S. to clean up toxic derailment

U.S. Environmental Protection Agency (EPA) Administrator Michael Regan had some strong words for Norfolk Southern on Tuesday. Speaking in East Palestine, Regan said he’s not going to let Norfolk Southern off of the hook for the cleanup following a train derailment that left a mess in the village. Regan said using its legal authority, the EPA is ordering Norfolk Southern to finish cleaning up the area. That includes removing contaminated soil and water and transporting them to the proper location. The Associated Press has the story:

EPA: Norfolk S. to clean up toxic derailment

Newslooks- EAST PALESTINE, Ohio (AP)

The U.S. Environmental Protection Agency ordered Norfolk Southern on Tuesday to pay for the cleanup of the East Palestine, Ohio train wreck and chemical release as federal regulators took charge of long-term recovery efforts and promised worried residents they wouldn’t be forgotten.

Speaking to reporters near the derailment site, Norfolk Southern’s CEO promised the company would do what’s necessary to ensure the long-term health of the community and become a “safer railroad.”

Environmental Protection Agency Administrator Michael Regan speaks during a news conference in East Palestine, Ohio, Tuesday, Feb. 21, 2023. Regan announced the agency will hold Norfolk Southern accountable for the costs of the cleanup of the Feb. 3 freight train derailment. (AP Photo/Matt Freed)

EPA used its authority under the federal Superfund law to order Norfolk Southern to take all available measures to clean up contaminated air and water, and also said the company would be required to reimburse the federal government for a new program to provide cleaning services for impacted residents and businesses.

“In no way, shape or form will Norfolk Southern get off the hook for the mess they created,” EPA Administrator Michael Regan vowed at a news conference in East Palestine. “I know this order cannot undue the nightmare that families in this town have been living with, but it will begin to deliver much-needed justice for the pain that Norfolk Southern has caused.”

Pennsylvania Gov. Josh Shapiro speaks during a news conference in East Palestine, Ohio, Tuesday, Feb. 21, 2023. Environmental Protection Agency Administrator Michael Regan announced the agency will hold Norfolk Southern accountable for the costs of the cleanup of the Feb. 3 freight train derailment. (AP Photo/Matt Freed)

He warned that if Norfolk Southern fails to comply, the agency will perform the work itself and seek triple damages from the company.

EPA planned to release more details on the cleanup service for residents and businesses, which it said would “provide an additional layer of reassurance.”

The agency said its order marked the end of the “emergency” phase of the Feb. 3 derailment and the beginning of long-term remediation phase in the East Palestine area.

Norfolk Southern CEO Alan Shaw reiterated promises to restore the site and invest in the community.

FILE – A black plume rises over East Palestine, Ohio, as a result of a controlled detonation of a portion of the derailed Norfolk Southern trains, on Feb. 6, 2023. Transportation Secretary Pete Buttigieg announced a package of reforms to improve safety Tuesday, Feb. 21 — two days after he warned the railroad responsible for the derailment, Norfolk Southern, to fulfill its promises to clean up the mess just outside East Palestine, and help the town recover. (AP Photo/Gene J. Puskar, File)

“From day one, I’ve made the commitment that Norfolk Southern is going to remediate the site, we’re going to do 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,” he told reporters.

Jeff Zalick, who lives with his 100-year-old mother just a few blocks from where the derailment happened, said he’s waiting for the home to be cleaned before moving back.

He wants the railroad to cover the costs. “They’re going to pay for it. There’s no ifs or buts,” he said.

Ohio Gov. Mike DeWine greets Pennsylvania Gov. Josh Shapiro during a news conference in East Palestine, Ohio, Tuesday, Feb. 21, 2023. Environmental Protection Agency Administrator Michael Regan announced the agency will hold Norfolk Southern accountable for the costs of the cleanup of the Feb. 3 freight train derailment. (AP Photo/Matt Freed)

The walls need scrubbing, and he wants to install air purifiers before allowing his mom to return. There’s still a chemical smell inside, although it’s nowhere as bad as it was a week ago, he said.

“I just want to make sure she’s safe,” he said. “She’s ready to come home. She cries every day.”

EPA’s move to compel Norfolk Southern to clean up came nearly three weeks after more than three dozen freight cars — including 11 carrying hazardous materials — derailed on the outskirts of East Palestine, near the Pennsylvania state line, prompting an evacuation as fears grew about a potential explosion of smoldering wreckage.

Officials seeking to avoid the danger of an uncontrolled blast chose to intentionally release and burn toxic vinyl chloride from five rail cars, sending flames and black smoke again billowing high into the sky. That left people questioning the potential health impacts for residents in the area and beyond, even as authorities maintained they were doing their best to protect people.

FILE – The cleanup of portions of a Norfolk Southern freight train that derailed Feb. 3, in East Palestine, Ohio, continues on Feb. 9, 2023. Transportation Secretary Pete Buttigieg announced a package of reforms to improve safety Tuesday, Feb. 21 — two days after he warned the railroad responsible for the derailment, Norfolk Southern, to fulfill its promises to clean up the mess just outside East Palestine, and help the town recover. (AP Photo/Gene J. Puskar, File)

Ohio Gov. Mike DeWine assured residents that they will not be left to handle the aftermath on their own once the news cameras leave and public attention turns elsewhere.

“We understand that it’s not just about today, it’s not just about two weeks from now,” he said. “People have long-term concerns. and we’re going to do everything we can to stay at this.”

Already, 4,600 yards of contaminated soil and 1.1 million gallons of contaminated water have been removed, DeWine said. But he said Norfolk Southern had failed to address the contaminated soil underneath its tracks before repairing them and running freight again. He said the company would have to take the tracks back up and remove the soil.

Environmental Protection Agency Administrator Michael Regan speaks during a news conference in East Palestine, Ohio, Tuesday, Feb. 21, 2023. Regan announced the agency will hold Norfolk Southern accountable for the costs of the cleanup of the Feb. 3 freight train derailment. (AP Photo/Matt Freed)

Pennsylvania Gov. Josh Shapiro blasted Norfolk Southern over what he called its “failed management of this crisis,” saying the company chose not to take part in a unified incident command, and provided inaccurate information and conflicting modeling data.

“The combination of Norfolk Southern’s corporate greed, incompetence, and lack of concern for our residents is absolutely unacceptable to me,” said Shapiro, appearing at the news conference in East Palestine with Regan, DeWine and other officials.

carFILE – Ohio Gov. Mike DeWine meets with reporters after touring the Norfolk Southern train derailment site in East Palestine, Ohio, on Feb. 6, 2023. Transportation Secretary Pete Buttigieg announced a package of reforms to improve safety Tuesday, Feb. 21 — two days after he warned the railroad responsible for the derailment, Norfolk Southern, to fulfill its promises to clean up the mess just outside East Palestine, and help the town recover. (AP Photo/Gene J. Puskar, File)

Shapiro said his administration had made a criminal referral of Norfolk Southern to the Pennsylvania attorney general’s office, while DeWine said Ohio’s attorney general had also launched an investigation.

EPA said it has tested indoor air quality at 550 homes so far, with outside air being monitored via aircraft, mobile vans and stationary instruments. ”I feel very confident in the technology that we’ve deployed,” he said.

Still, Regan said he is not sure if EPA is testing for dioxin, a carcinogen, as some lawmakers and advocates have requested.

Under the so-called Superfund law, EPA has authority to direct those responsible for contamination or hazardous waste to clean it up. EPA can fine the railway up to $70,000 a day if the work is not completed. EPA can also do the work itself if necessary and bill Norfolk Southern triple its costs.

Separately, Transportation Secretary Pete Buttigieg announced a package of reforms on Tuesday and called on railroad operators to take immediate steps to improve safety, such as accelerating the planned upgrade of tank cars.

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