The National Transportation Safety Board (NTSB) is commencing its investigation into the toxic train derailment in East Palestine, Ohio, by conducting sworn testimony starting on Thursday.
The NTSB is conducting an investigative hearing over the course of Thursday and Friday in East Palestine, the location where a Norfolk Southern Railway train carrying hazardous chemicals derailed on February 3. The derailment resulted in the release of dangerous substances into the air, soil, and nearby creeks. A preliminary report issued by the NTSB shortly after the incident revealed that a wheel bearing had failed just moments before 38 cars, including 11 tank cars transporting hazardous materials, derailed.
Out of the tank cars involved, five were carrying 115,580 gallons of vinyl chloride, a highly volatile colorless gas used in various commercial applications. In response to the incident, responders conducted a controlled release and burn of the vinyl chloride over several hours, resulting in a significant fireball and a plume of black smoke containing pollutants being released into the air.
The NTSB’s safety investigation into the toxic train derailment in East Palestine, Ohio, will involve a two-day hearing, serving as a “fact-finding step” to gather factual information. The hearing will focus on various aspects, including communication and preparedness during the initial emergency response, the decision-making process behind venting and burning the vinyl chloride tank cars, freight car bearing failure modes, and wayside detection systems, among other topics. Representatives from Norfolk Southern, the Federal Railroad Administration, the Ohio National Guard, and local fire and police departments are among the witnesses who will testify under oath. The NTSB will provide a detailed witness list at the start of the hearing.
During the hearing, NTSB board members, investigative staff, and designated parties such as Norfolk Southern Corporation, Federal Railroad Administration, Pipeline and Hazardous Materials Safety Administration, and the Village of East Palestine will have the opportunity to question the witnesses.
The information gathered from the hearing will contribute to the NTSB to “complete the investigation, determine probable cause, and make recommendations to improve transportation safety”. The entire investigation process is expected to take up to 18 months from the date of the accident to conclude, as stated by the agency.
NTSB Chair Jennifer Homendy expressed “The communities most affected by this tragedy deserve as much insight as possible into our investigation, which is why we’re holding an investigative hearing in East Palestine”. In a statement, Homendy highlighted the agency’s commitment to its mission, emphasizing, “While we unfortunately cannot change what happened that day, our entire agency is committed to carrying out our mission, which doesn’t end when we get to the bottom of what happened and why it happened — we’ll also work vigorously to prevent it from ever happening again.”.
The investigative hearing is scheduled to take place over two days, starting on Thursday from 9 a.m. to 7 p.m. ET and continuing on Friday from 9 a.m. to 6 p.m. ET at East Palestine High School. Homendy previously emphasized “We call things ‘accidents.’ There is no accident. Every single event that we investigate is preventable”.
Fortunately, there were no reported fatalities or injuries resulting from the derailment. However, approximately 2,000 residents were affected by a mandatory evacuation order, which spanned a 1-mile radius around the derailment site. The evacuation order was lifted on February 8 after air and water samples were determined to be safe.
In the aftermath of the incident, health and safety concerns persisted, leading several residents to file a class-action lawsuit against Norfolk Southern. The lawsuit seeks punitive damages, a medical monitoring and testing fund, and other forms of relief.
In March, the state of Ohio filed a lawsuit against Norfolk Southern, alleging that the railway operator violated federal and state environmental laws as well as Ohio Common Law. The lawsuit, brought forth by the state district attorney’s office, claims that Norfolk Southern “recklessly endangered” the health of residents and Ohio’s natural resources.
Following the announcement of the lawsuit, Norfolk Southern acknowledged the concerns raised by the community regarding potential long-term impacts resulting from the derailment. The company stated “We are making progress every day cleaning the site safely and thoroughly, providing financial assistance to residents and businesses that have been affected, and investing to help East Palestine and the communities around it thrive”.
Norfolk Southern expressed its commitment to listening to the community and taking necessary actions to support the recovery and development of the affected areas.
In March, Norfolk Southern CEO Alan Shaw testified before the Senate during their first hearing on railroad safety following the derailment incident. Shaw expressed his determination to rectify the situation and assured that Norfolk Southern would conduct a thorough and urgent cleanup of the site, prioritizing safety.
In an op-ed published in a source on the eve of his Senate testimony, Shaw reiterated his company’s commitment to improving rail safety. The removal of contaminated soil and waste from the derailment site for off-site treatment and disposal is ongoing. The Environmental Protection Agency (EPA) has been monitoring air quality and conducting soil and drinking water sampling, which have not shown concerning levels of contaminants.
Under the direction of U.S. EPA Administrator Michael Regan, Norfolk Southern is obligated to continue the cleanup of contaminated soil and water and ensure safe transportation of the materials. The company is also required to reimburse the EPA for cleaning services and participate in public meetings as requested by the EPA, sharing relevant information. Failure to comply with these requirements could result in triple the cost being imposed on Norfolk Southern.
As of March 16, Norfolk Southern had already committed approximately $24 million to support the community of East Palestine, “with more to come.”
