EAST PALESTINE, Ohio — Two years after a Norfolk Southern train derailment spewed a toxic cloud that drove thousands from their homes, freight trains with the same chemicals central to that disaster roll through town — with few steps taken by lawmakers to prevent another disaster.
At least twice a week, on average, a Norfolk Southern train with cars displaying hazardous material placards for vinyl chloride and butyl acrylate — the two key chemicals that burned in East Palestine — moves through the town, a Howard Center for Investigative Journalism analysis of private train movement data found.
Other hazardous chemicals roll by even more often. On average, a Norfolk Southern train with at least one car marked as carrying hazardous materials passes the derailment site a minimum of 10 times a day.
That information is not readily available to the people of East Palestine or their elected officials.
Short of sitting by the tracks and scrutinizing hazardous material placards, they have no way of knowing what’s on every railcar passing through. Railroads have no obligation to disclose, in advance, detailed information to a local government about each train carrying any hazardous material through the community.
Detailed information about the amount of specific chemicals moving on each train could be used to help places like East Palestine prepare and plan for rail accidents.
The Howard Center analysis was possible only with data provided by a private company that placed sensors near the East Palestine derailment site in August. RailState LLC collects detailed movement of freight trains and their cargo, including hazardous materials. The firm sells its information to government agencies in the U.S. and Canada, as well as to shippers and other clients.
In a statement, a Norfolk Southern spokesperson said the company shares information with first responders through AskRail, an industry-developed app that only authorized personnel can use to see what’s on a train. In 2023, Norfolk Southern “became the first railroad to partner with RapidSOS, a digital platform that connects devices over 16,000 emergency response agencies to immediately provide first responders with real-time access to train consists, train locations, and emergency response protocols,” the statement said. But those systems are only intended for use after an accident.
“Because of the sensitive nature of the commodities a train may be carrying, that information must be kept secure, but we also understand first responders need to know what is coming through their communities so they can create effective response plans in the unlikely event of a rail emergency,” the statement added.
Large railroads like Norfolk Southern are legally obligated to transport hazardous materials, and federal transportation officials have recognized rail as the “safest land-based method of moving large quantities of chemicals over long distances.”
On Feb. 3, 2023, an equipment failure on a Norfolk Southern freight train caused 38 cars, 11 carrying hazardous materials, to jump the tracks. The derailment — and the flawed response that followed — exposed gaps in emergency preparedness, federal safety investigators found.
Local volunteer firefighters arrived on the scene quickly but were not equipped to fight the blaze safely. The East Palestine volunteers did not have access to AskRail, and almost an hour elapsed before first responders knew what was on the train.
A tank car leaking liquid butyl acrylate likely ignited first, the National Transportation Safety Board’s investigation found. Struggling to contain the fire, officials feared five tank cars carrying vinyl chloride were in danger of exploding. The flammable gas is known to cause cancer and, breathed at high levels, can kill.
Norfolk Southern contractors advised emergency responders to breach the five tank cars, drain the contents and then set fire to the tens of thousands of gallons of vinyl chloride inside. Federal investigators later found the decision to burn the chemical was unnecessary and led to the toxic cloud that enveloped the town.
Despite an initial outcry, changes at the federal level have been bogged down.
The Railway Safety Act, a bipartisan proposal introduced after the derailment by Ohio’s two former senators — including current Vice President JD Vance — would have required improved derailment-detection technology, more thorough inspections of rail cars and safety measures for hazardous materials.
It also would have dramatically expanded the list of hazardous chemicals railroads had to disclose, in advance, to state emergency officials so they knew what was moving on the rail lines. But the legislation died in December without a vote after facing opposition from the rail industry and key lawmakers.
Vance, Ohio’s two current senators and the state’s governor are visiting East Palestine Monday for the second anniversary of the derailment.
Even two years later, the decision to release and set fire to the chemicals — a technique known as a vent and burn — remains a flashpoint for criticism.
An NTSB investigation found the village’s fire chief ordered the controlled burn at the urging of Norfolk Southern contractors, even though the vinyl chloride manufacturer, Oxy Vinyls, had informed the railroad that the tank cars were not at risk of exploding — a fact that was not passed on to the chief.
“I was shocked that was the decision to begin with,” said Erin Haynes, an environmental health scientist at the University of Kentucky who is studying the long-term health impacts of the accident. “That meant, ‘Oh, now we’re gonna expose many more people to unknown chemicals.’ ”
Norfolk Southern filed a federal lawsuit contending, among other claims, that Oxy Vinyls employees gave inconsistent warnings about the possibility of an explosion. The lawsuit is ongoing.
The safety board issued a recommendation urging the Federal Railroad Administration to amend its vent and burn guidance, which was last updated in 2007. FRA said in early January it had initiated this process, which it estimated would take 18-24 months to complete.
“I think we need to make sure that the right people are a part of the conversation when they start talking about whether or not to use a vent and burn, and to really understand those commodities that are affected,” said Karl Alexy, chief safety officer at FRA.
Norfolk Southern agreed to establish vent and burn coordination protocols of its own, but the process is expected to take more than a year.
The railroad’s spokesperson said Norfolk Southern is “making significant progress” on NTSB’s safety recommendations following the derailment investigation. She added the railroad implemented additional safety measures last year, including expanded systems for inspecting railcars and detecting equipment failures.
NTSB recommended Ohio raise its volunteer firefighter certification standards to match professional firefighter requirements. Ohio responded it was taking steps to require basic hazardous materials training for volunteers. The safety board asked the state last month to clarify whether the training meets the professional standard.
The safety board also recommended the emergency management agency in Columbiana County — which includes East Palestine — update its emergency response plans to reflect “lessons learned” from the disaster.
The agency updated its response plan for immediate hazardous materials emergencies in 2024, and an update to the county’s long-term hazard containment plan will be finalized sometime this year, an agency official wrote in an email.
FROM RESPONSE TO RECOVERY
Norfolk Southern, under the supervision of the U.S. Environmental Protection Agency, has undertaken a massive cleanup operation of the derailment site. The railroad expects to spend more than $1 billion on the cleanup and on improving its safety practices in response to the accident.
Norfolk Southern also has committed more than $115 million to support communities around the derailment site, including through direct assistance to local residents and initiatives designed to address community health, economic development and housing, according to the statement from the railroad.
But the railroad’s attempts to make amends with the town have drawn some criticism. Seeing the Norfolk Southern logo in the town is “re-traumatizing,” Jess Conard said. The self-described activist said true restitution would be paying for medical treatment or permanent relocation for those impacted by the accident. “None of that has been part of their deliverables,” she said.
Residents report symptoms today they attribute to chemical exposure from the accident. A survey conducted by state and federal health officials in the weeks after the derailment found nearly three quarters of respondents reported experiencing headaches, and more than half reported having a cough. When Haynes, the University of Kentucky researcher, surveyed residents again last summer, more than a year after the derailment, roughly half the participants said they still suffer from headaches and respiratory symptoms.
Testing done by state environmental officials has found no evidence of derailment-related contamination in East Palestine’s public drinking water supply. Railroad and government officials continue to monitor the soil, air and water quality in the area, though they have said East Palestine residents are not in danger.
“They have done an amazing job cleaning it up,” Haynes said. “Does that mean the public wasn’t exposed? Absolutely not. … My question is, does that have long-term effects? And I think there’s potential that it could.”
Linda Murphy, whose property sits a few miles from the derailment site, said that’s what she wants to know.
“Are we safe? They still can’t answer that. That’s the answer we need. That’s the answer everybody’s begging for,” Murphy said. “I have no faith in anyone anymore — none. I don’t trust people.”
Mark Durno, a supervisory engineer at EPA and the agency’s emergency response coordinator in East Palestine, acknowledged it could have had “better risk communication in the early days.”
Last week, East Palestine took another step toward resolution.
Norfolk Southern reached a settlement agreement Monday with the Village of East Palestine, agreeing to pay $22 million to resolve all claims by the village arising from the 2023 derailment. The deal also canceled a plan for Norfolk Southern to build a safety training center in the town after the village determined it would have been too expensive to operate.
But tensions remain around a $600 million class-action settlement between Norfolk Southern and residents within a 20-mile radius of the crash site. A federal judge approved it last September, but a handful of residents filed an appeal that has so far held up payments.
Under the agreement, people within a 10-mile radius of the crash could opt into a separate personal injury payment of up to $25,000 for any medical issues resulting from the derailment. To accept the money, residents had to waive their right to sue the company in the future.
“It’s definitely divided the town in a way that it’s never been divided before,” said Kat Smith, who runs a shop in downtown East Palestine.
Daranee Balachandar, Aidan Hughes and Taylor Nichols of the Howard Center contributed information for this story.
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