EAST PALESTINE (OHIO) (AP). The head of the National Transportation Safety Board stated Tuesday that Norfolk Southern tried to interfere repeatedly with the agency’s investigation in the East Palestine Derailment, and shape its conclusions regarding the flawed decision to blow five tank cars open and burn the vinyl-chloride inside.
The NTSB confirmed during the hearing on Tuesday that the February 2023 train derailment was caused a wheel bearing which, according to video footage, was on fire more than 20 miles (32.1 kilometers) before it was detected by trackside detectors. The board also approved over two dozen recommendations for preventing similar disasters. These included establishing federal regulations for those detectors and how railroads respond to their signals, as well as reviewing the decision-making process by officials on whether to conduct a vent-and-burn again.
On the outskirts East Palestine, near the Pennsylvania border on Feb. 3, 2023 dozens of freight cars, including 11 that carried hazardous materials, derailed. Initially, some residents were evacuated the night of the crash. Days later, more people had to leave because they feared an explosion. Officials intentionally released and burnt toxic vinyl chloride from 5 railcars 3 days after the crash despite the potential health effects. This sent flames and smoke in the air.
At the end, Jennifer Homendy, Chair of the NTSB, accused Norfolk Southern of interfering in the investigation and abusing their status as a part of the probe to gather information.
“Norfolk Southern’s abuse of the political process was unprecedented and reprehensible,” said she.
Homendy says that the railroad has delayed or refused to provide investigators with information on numerous occasions. Homendy said that she called the railroad twice at the request of the investigators, and threatened to issue subpoenas.
She said that a railroad contractor told investigators it did not record or take temperature changes on tank cars containing Vinyl Chloride. But the NTSB suspected that this was not the case.
Homendy explained that “we found out through text messages from one of their employees who later confirmed that they kept these records” by contacting them. It took two months for the team to receive the texts and emails.
She said that the railroad had also only 20 minutes worth of voice recordings left from the cab engine of the derailed train, despite the chief investigator’s demand for such evidence to be preserved.
The NTSB released a lot of information about this investigation, so some of the findings were not surprising. However, the hearing revealed more details about the overheating Bearing as well as the failure of trackside sensors to detect its soaring temperature. The board also examined why the decision to intentionally vent and burn vinyl chloride was flawed.
After discussing how a trackside sensor in Salem, Ohio failed to accurately measure temperature of the bearing burning, NTSB Investigators claim that Norfolk Southern and their contractors compromised the integrity the vent-and burn decision by withholding accurate data from Oxy Vinyls. The company that produced the vinyl chloride. This included evidence that the tank car cooling was occurring after the crash.
Investigator Paul Stancil stated that “Norfolk Southern, and its contractors, continued to assert the need for a vent-and-burn even though the available evidence should have caused them to reevaluate their original conclusion.”
The railroad defended its decision again on Tuesday, saying it was based not only on the temperature readings. Homendy noted that some of the officials’ concerns were misplaced, including their concern about the way in which the pressure-relief systems on the tank cars malfunctioned. Norfolk Southern also said that nothing prevented Oxy Vinyls to join the discussion in the control center and share its opinion about the tanks cars.
Experts from Oxy Vinyls testified in earlier NTSB hearings that they were confident a chemical reaction which could have caused the tank cars to explode was not occurring. Oxy Vinyls did not address questions about its involvement in the vent-and-burn decision in a Tuesday statement.
Norfolk Southern stressed in its statement that the vent and burn was recommended due to safety concerns. Homendy stated that a senior executive of Norfolk Southern told the board in a meeting held two weeks ago that they wanted to put an end to the “rumor” about the railroad making this decision to move trains more quickly.
She said that the exchange ended with a threat she claimed to have received from the railroad.
“It was delivered in this way to use all avenues and opportunities to vigorously defend the decision-making going forward in media and hearings. You have a right to do so. It is not our job to defend Norfolk Southern. Homendy said, “We’re here to defend the American people and travelers.”
Homendy’s rebuke came shortly after Norfolk Southern issued a long statement promising to study NTSB recommendations and work towards improving safety. Tom Crosson, a railroad spokesman, responded that Norfolk Southern tried to give the NTSB as much information as possible.
Crosson stated that “at all times, Norfolk Southern fully and ethically cooperated with the investigation in full transparency.”
The Ohio governor, first responders, and hazardous materials experts who made this decision said that the information they had led them to believe an imminent explosion was likely. They decided the burn was the best option, despite the risk of releasing cancer-causing dioxins into the area.
East Palestine resident Misti Alison said that the community is still concerned about the potential health effects of the vinyl chloride and toxic mixture of other chemicals spilled and burnt in the derailment. They now know the railroad wasn’t always forthcoming.
Allison said, “Community Members deserve transparency and proactive Protection, not the secrecy, silence and manipulation revealed today about Norfolk Southern.”
The NTSB stated that first responders require good guidance on when to consider vent and burn as a last resort to protect lives. They didn’t have access to the reports until recently because railroads claimed they were confidential safety information.
Norfolk Southern has already reached a settlement with the federal government. It also announced a $600,000,000 class action settlement for residents. It’s not known what additional consequences the railroad may face, other than paying for the cleanup EPA oversees. Ohio and Pennsylvania still haven’t finished their investigations. The states may do more to hold Norfolk Southern responsible.
The NTSB’s recommendations are not binding, but Congress may be willing enforce some of them due to the crash’s spotlight.
A bipartisan group of legislators led by Ohio’s two Senators proposed more than a year earlier a package reforms, including requiring two person crews and setting standard for the inspections. The bill was ultimately defeated by the U.S. Senate due to the opposition of Republicans and railroads. GOP House leaders said they would not consider new rail safety rules until the NTSB final report was released.
JD Vance, a senator from Ohio, said that the findings presented by NTSB chair Homendy confirm many of his worst fears. “The derailment, and subsequent chemical explosion, were preventable tragedies that resulted from a series errors made by Norfolk Southern’s contractors and Norfolk Southern.”
Federal regulators have also tried to get railroads to change their ways, such as signing up for an anonymous hotline in order to report safety concerns. However, they have had limited success. The industry responded by promising to install trackside detectors and review their use. They also promised to improve first responder’s handling of derailments through better training and access to cargo information.
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Funk and Krisher contributed this story, both from Omaha, Nebraska.
The Associated Press, Josh Funk, Tom Krisher and Patrick Orsagos