EPA insists Norfolk Southern will pay for Ohio purge

The Environmental Protection Agency has urged Norfolk Southern to take all available measures to clean up contaminated air and water, and also said the company must reimburse the federal government for a new program to provide cleaning services to affected residents and businesses.

The EPA warned Norfolk Southern that if the agency failed to comply with its order, it would do the work itself and seek treble damages from the company.

“The Norfolk Southern train derailment has upended the lives of families in eastern Palestine and the EPA’s order will ensure the company is held accountable for endangering the health and safety of this community,” said EPA Administrator Michael Regan in a statement before a press conference with the governors of Ohio and Pennsylvania.

“Let me be clear: Norfolk Southern will pay to clean up the mess they’ve created and the trauma they’ve caused to this community,” he said.

“In no way will Norfolk Southern be upset by the mess they’ve created,” Regan said at the press conference.

He added that he knows the order “cannot undo the nightmare that families are living through in this city, but it will begin to provide some much-needed solace for the pain Norfolk Southern has caused.”

The agency said it would release more details on the cleaning service for residents and businesses this week.

The EPA said its order marks the end of the “emergency” phase of the derailment and the beginning of a long-term clean-up phase in the East Palestine area.

Ohio Gov. Mike DeWine also on Tuesday acknowledged the community’s concern that once the news cameras are gone and public attention turns elsewhere, it will have to deal with the fallout on its own, and he assured residents it may not becomes.

EPA issued the order under what is known as the Superfund Act, which gives the agency the power to direct those responsible for the contaminant or hazardous waste to clean it up. The EPA can fine the railroad up to $70,000 per day if work is not completed. EPA can also do the work itself if needed and charge Norfolk Southern three times the cost.

Pennsylvania Gov. Josh Shapiro, who appeared at the press conference with Regan, DeWine and other officials, slammed Norfolk Southern for what he called “failed management of this crisis” and said the company made a choice not to participate in one to participate in unified incident command, and provided inaccurate information and conflicting model data.

“Norfolk Southern’s combination of corporate greed, incompetence and a lack of concern for our residents is absolutely unacceptable to me,” he said.

Shapiro said his government has referred Norfolk Southern to the Pennsylvania Attorney General’s Office, while DeWine said the Ohio Attorney General has also launched an investigation.

Separately, Transport Secretary Pete Buttigieg announced a reform package on Tuesday, urging rail operators to take immediate action to improve safety, such as speeding up the planned upgrade of tank cars.

About 50 boxcars derailed on the outskirts of eastern Palestine, near the Pennsylvania state line, prompting ongoing environmental and health concerns. The derailment prompted an evacuation as fears of a possible explosion of smoldering debris grew.

Officials, wanting to avoid the risk of an uncontrolled explosion, decided to intentionally release toxic vinyl chloride from five train cars and burn it, causing flames and black smoke to once again rise high into the sky. As a result, people questioned the potential health effects for residents in the area and beyond, despite authorities claiming they were doing their best to protect people.

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Rubinkam reported from northeastern Pennsylvania. AP writer Matthew Daly in Washington contributed to this report.

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