USA TODAY International Edition

CEO sidesteps responsibi­lity for Ohio derailment

NTSB chair tells Senate panel of possible shifts

- Tami Abdollah Contributi­ng: Haley BeMiller, USA TODAY Network Ohio Bureau

The chair of the National Transporta­tion Safety Board urged U. S. lawmakers Wednesday to improve safety measures on freight trains – in light of Norfolk Southern’s train derailment in East Palestine, Ohio, last month.

“The bottom line is there are no accidents,” said NTSB Chair Jennifer Homendy. “This derailment, as all accidents we investigat­e, was 100% preventabl­e.”

Homendy suggested broadening the definition of a high- hazard flammable train, phasing out less protective tank cars, ensuring communitie­s know what’s moving through their towns and requiring railroads to set up crash recording equipment that can capture at least 12 hours of data.

She spoke at a U. S. Senate Committee on Commerce, Science, and Transporta­tion hearing just days after Environmen­tal Protection Agency Administra­tor Michael S. Regan said he believed Norfolk Southern should be moving faster to remove contaminat­ed soil from East Palestine – and that, at the current rate, the site would take roughly three months to clean up.

The derailment near the rural town of 4,700 people along the Ohio- Pennsylvan­ia border resulted in massive black plumes of smoke and concerns about air, water and soil quality. Five of the derailed cars contained the highly toxic carcinogen, vinyl chloride, which Norfolk Southern officials released and burned off to prevent an explosion.

Ohio’s Democratic Sen. Sherrod Brown and Republican Sen. J. D. Vance have introduced a bill that aims to prevent train future train derailment­s by improving rail safety, especially for cars carrying hazardous materials.

Brown said Atlanta- based Norfolk Southern had 579 violations in cases that have been closed and paid an average fine of less than $ 3,300 in the most recent fiscal year available.

“The company, keep in mind, planned to spend $ 3.4 billion on stock buybacks, and they already did that and even more, right before, and they were about to do it again when the train derailed,” Brown said. “It’s now a cost of doing business, the fines – it really is a rounding error.”

Only 20 minutes of crash recording data preserved

The locomotive involved in the Feb. 3 derailment was equipped with an inward- facing camera, but because it was immediatel­y put back into service, the data was overwritte­n, Homendy said. “That means the recorder only provided about 15 minutes of data before the derailment and five minutes after.”

Homendy noted that Amtrak and commuter railroads are required to maintain crash, and fire- hardy, inwardand outward- facing image recorders in all locomotive­s that can record for a minimum of 12 hours nonstop. Such informatio­n is crucial for investigat­ors, she said.

CEO sidesteps responsibi­lity

Under pressure from lawmakers, Norfolk Southern CEO Alan Shaw was unwilling to commit to suspending stock buybacks, noting that “buybacks never come at the expense of safety.” Shaw also was unwilling to support a legislativ­e requiremen­t for two- person crews on all freight trains.

While Shaw acknowledg­ed that the accident was preventabl­e, under questionin­g Shaw declined to say that it was Norfolk Southern’s responsibi­lity to prevent it.

“I’m taking responsibi­lity to enhance safety throughout the entire industry,” Shaw said. “I think about safety each and every day.”

EPA orders states to accept waste

So far, the EPA said more than 6,801 tons of contaminat­ed soil and 7.4 million gallons of liquid wastewater have been transporte­d out of East Palestine to designated waste facilities.

Regan said the agency sent Shaw a letter Monday telling Norfolk Southern it’s expected to find appropriat­e disposal facilities and, as necessary, take legal action to enforce contracts with waste disposal companies or to gain access to EPA disposal facilities. Otherwise, Regan said, the company may face civil penalties and potential legal action.

Regan said states including Oklahoma have turned away or impeded waste shipments from East Palestine. The agency has alerted states of their legal obligation­s and notified every state environmen­tal regulator that the shipments cannot be unilateral­ly stopped.

Dozens of lawsuits

This month, Ohio Attorney General Dave Yost said the state would sue Norfolk Southern for the derailment and to force the company to pay for costs incurred by the state, including emergency response, economic damage and harm to natural resources.

The lawsuit cites 58 violations of federal and state environmen­tal laws and Ohio Common Law.

The railroad operator faces roughly two dozen lawsuits filed by residents and businesses.

Senators push for rail safety bill

The bipartisan bill introduced by Brown and Vance addresses, in part, a request by Ohio Gov. Mike DeWine that Congress examine how trains are classified when transporti­ng dangerous chemicals through states. The Norfolk Southern train that derailed was not considered a high- hazard flammable train because it didn’t meet a technical definition requiring a certain number of railcars carrying such cargo, so the company didn’t need to notify state regulators about its passage.

Shaw noted that there are many components of the bill that the company fully supports and the rail industry has been advocating and pushing for stronger tank car standards for the last eight years.

The bill, as introduced, also would:

● Require trains carrying hazardous materials to give advance notice to states, even if they aren’t high- hazardous flammable trains.

● Require trains carrying hazmat cargo to be scanned by hot- bearing detectors every 10 miles.

● Update inspection rules to ensure they are conducted by qualified railcar inspectors at regular intervals.

● Require two- person crews.

● Increase the maximum fine for rail carriers that break the rules to 1% of their annual operating income, instead of $ 225,000.

● Increase HAZMAT registrati­on fees paid by railroads to fund grants for emergency response training.

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