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Updated Feb 20, 2023 - Energy & Environment


WHAT WE KNOW ABOUT THE OHIO TRAIN DERAILMENT

 * Jacob Knutson

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A black plume rises over East Palestine, Ohio, on Feb. 6 after the controlled
detonation of derailed train cars. Photo: Gene J. Puskar/AP

Residents of an Ohio town who had been evacuated after a toxic freight train
derailment earlier this month are demanding answers from the railway company
involved as well as elected officials over health concerns.

The big picture: As emergency crews continue to clean up the site of the Norfolk
Southern train derailment in East Palestine, Ohio, lawmakers have drawn
attention to the government's oversight of the freight train system. Meanwhile,
the Biden administration has promised to hold the rail operator accountable for
the wreck and its aftermath.

 * The train, which derailed on Feb. 3, was carrying hazardous materials,
   including at least five tanker cars of vinyl chloride, a colorless but
   hazardous and carcinogenic gas used to produce PVC plastic and vinyl
   products.

THE LATEST

 * Transportation Secretary Pete Buttigieg sent a letter on Feb. 19 to the CEO
   of Norfolk Southern emphasizing the "urgent need" for the company to
   "demonstrate unequivocal support for the people of East Palestine and the
   surrounding areas."
 * "It is imperative that your company be unambiguous and forthright in its
   commitment to take care of the residents — now and in the future," Buttigieg
   said.
 * "Until the number of derailments is zero and rail workers are confident in
   being fully equipped to do their jobs safely, everyone involved in our rail
   system must make safety improvements a priority," Buttigieg said.
 * The letter also outlines previous train derailments, including two in 2011
   and 2012 involving Norfolk Southern trains, that forced people near the crash
   sites to evacuate and the suggestions made by two federal agencies to help
   prevent future incidents, including the installation of electronic braking
   systems.
 * "Rather than support these efforts to improve rail safety, Norfolk Southern
   and other rail companies spent millions of dollars in the courts and lobbying
   members of Congress to oppose common-sense safety regulations, stopping some
   entirely and reducing the scope of others. As a result, Congress enacted
   language that undermined the ability of USDOT to sustain the [Electronically
   Controlled Pneumatic] brake requirements, and they were ultimately withdrawn
   under the Trump administration," the letter continued.
 * "Soon I will be laying out several steps that Norfolk Southern, and all major
   railroads, should take immediately to improve rail safety for workers and
   communities—in addition to prioritized actions planned at our department in
   furtherance of our safety mission," Buttigieg added.

Catch up quick: Norfolk Southern officials said some of the cars carrying the
vinyl chloride were not breached during the crash but were at risk of exploding,
so crews released and burned their contents on Feb. 6, creating a massive smoke
plume above the town for several hours.


 * Hundreds of people evacuated East Palestine before the release and burn of
   the vinyl chloride but were allowed to return two days later.
 * Some East Palestine residents who have returned have complained of smells,
   headaches, nausea and other ailments, according to the Washington Post.
 * DeWine said on Feb. 14 he authorized the operation of the release and burning
   of the vinyl chloride at the crash site, saying officials faced two bad
   options between potentially letting a car containing the material explode or
   doing the release.

MECHANICAL ISSUE

A mechanical issue with an axle of one of the 150 cars is believed to be the
cause of the derailment of at least 50 of the cars, though the National
Transportation Safety Board has not yet made an official determination of the
cause.

 * Security footage captured in Salem, Ohio — around 20 miles west of East
   Palestine — before the derailment showed sparks or flames under at least one
   of the cars on the train, which was transporting goods from Madison,
   Illinois, to Conway, Pennsylvania.
 * At least four other tanker cars involved in the derailment were carrying at
   least four other different chemicals — ethylene glycol monobutyl ether,
   ethylhexyl acrylate, isobutylene and butyl acrylate, according to a list sent
   by Norfolk Southern to the EPA, which released it on Feb. 12.
 * In the list, Norfolk Southern said the cars carrying the butyl acrylate and
   the ethylhexyl acrylate were breached and either all or some of the chemicals
   were released during the crash.
 * It labeled the status of the car carrying ethylene glycol monobutyl ether as
   "unknown," while it said the isobutylene car was burned but not breached.

WHAT RISKS THE CHEMICALS MAY POSE TO HUMANS

Acute exposure to high levels of vinyl chloride, a classified human carcinogen,
in the air has been linked to central nervous system effects, while chronic
exposure has been shown to cause liver damage, including a rare form of liver
cancer, according to the EPA.

 * When vinyl chloride burns it decomposes into hydrogen chloride and phosgene,
   according to the International Programme on Chemical Safety.
 * Phosgene is highly poisonous and was used extensively during World War I as a
   choking agent, while hydrogen chloride is irritating and corrosive to any
   tissue with which it comes into contact.

MONITORING ENVIRONMENTAL IMPACT

The Environmental Protection Agency has said it has not detected any "levels of
concern" of hazardous substances released during or after the crash, though the
agency is continuing to monitor the air throughout East Palestine, including
inside at least 210 homes.

 * The EPA said it was also investigating soil and surface water contamination
   near the crash site and had collected spilled material in a nearby stream,
   Sulphur Run.
 * It said Norfolk Southern had installed a dam and water bypass system in the
   stream to prevent contamination of downstream waters, though it did not say
   when they were installed.
 * In a letter sent to the company on Feb. 10, the EPA said substances released
   during the incident "were observed and detected in samples from Sulphur Run,
   Leslie Run, Bull Creek, North Fork Little Beaver Creek, Little Beaver Creek,
   and the Ohio River" and were also observed entering storm drains.
 * DeWine said Wednesday that the water in East Palestine's municipal system is
   safe to drink based on the Ohio Environmental Protection Agency's results
   from the latest water tests.

ASSESSING WILDLIFE IMPACT

The Ohio Department of Natural Resources estimates that 3,500 fish of 12
different species, none of which are endangered, died after the crash across
approximately 7.5 miles of streams south of the town, ODNR director Mary Mertz
said on Tuesday.

 * Mertz added the department does not have evidence of non-aquatic species
   being affected by chemicals released during or after the derailment.
 * Tiffani Kavalec, chief of the Ohio EPA's Division of Surface Water, said the
   stream Sulphur Run remains polluted but the agency believes the contamination
   is contained and not moving downstream.

FEDERAL RESPONSE

On Feb. 17, Ohio Gov. Mike DeWine (R) said the Department of Health and Human
Services will help state health authorities set up a clinic in East Palestine so
that any resident, including those without insurance, may visit a doctor over
any health concerns.


 * The clinic will open in the coming days, and information on its location and
   hours will soon be available, DeWine said. There will be local mental health
   resources available to residents as well.
 * The Federal Emergency Management Agency is also sending a team to East
   Palestine "to support ongoing operations, including incident coordination and
   ongoing assessments of potential long term recovery needs,” the agency said
   in a joint statement with DeWine the same day.
 * "Just got word—FEMA will deploy a Senior Response Official and Incident
   Management Assistance Team tomorrow to monitor and support," Sen. Sherrod
   Brown (D-Ohio) said on Twitter. "This will be a huge help to the community."
 * DeWine and Brown both previously spoke with President Biden and requested
   federal assistance.

Context: The day before, DeWine said that despite being in "daily contact" with
FEMA, the agency said "Ohio is not eligible for assistance at this time." The
agency typically responds to disasters that involve extensive property damage.

 * The state filed a request to "preserve our rights" to receive help from the
   agency if the state becomes eligible, he later said.
 * "We believe that the railroad should continue to pay, and we're going to
   insist that they pay," DeWine said. "Whatever damages have been caused, the
   railroad is responsible for those damages."

LAWSUITS AND LIABILITY QUESTIONS

The EPA sent Norfolk Southern a "General Notice of Potential Liability" letter
on Feb. 10, in which it said it had determined that the company "may be
responsible under [Comprehensive Environmental Response, Compensation and
Liability Act] for cleanup of the Site or costs EPA has incurred in cleaning up
the Site."

 * Connor Spielmaker, a senior communications manager at Norfolk Southern, told
   Axios on Monday that the company received the EPA’s letter and has "confirmed
   to them that we have and will continue to perform or finance environmental
   monitoring and remediation."
 * So far, at least four class action lawsuits have been filed against Norfolk
   Southern over the crash, alleging negligence.
 * A spokesperson for Norfolk Southern did not directly respond to Axios'
   questions on the class-action lawsuits or the status of the car carrying the
   ethylene glycol monobutyl ether.
 * DeWine said Tuesday the train was not considered a "high-hazardous material
   train" despite the chemicals onboard, meaning Norfolk Southern was not
   required to notify the state of the contents of the cars. He also called on
   Congress to review how high-hazardous trains are classified.

NORFOLK SOUTHERN'S RESPONSE TO COMMUNITY

In a press release on Feb. 14, the company said it has donated $1.2 million to
around 1,000 families to cover expenses they incurred from their evacuations and
was in the process of providing aid to local businesses.

 * It said it has so far completed more than 400 in-home air tests with the EPA,
   which have not "shown any detections of substances related to the incident
   and does not indicate a health risk."
 * The company said on Feb. 13 it has donated $220,000 to the town's fire
   department to replace breathing apparatuses used by firefighters, $25,000 to
   the Ohio Red Cross to support a shelter set up at East Palestine High School,
   and around 100 air purifiers for residents.
 * On Feb. 15, Norfolk Southern pulled out of a town hall with local, state, and
   federal officials due to concern over the "growing physical threat" to its
   employees and members of the community, but it did not elaborate on what the
   threat entailed.
 * People at the town hall, which occurred without representatives from the
   railway company, sought answers for the potential of long-term exposure to
   chemicals released during and after the derailment, and what health dangers
   residents may face.

Go deeper: Ohio derailment prompts calls to investigate federal oversight of
trains

Editor's note: This story has been updated with additional details throughout.

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GO DEEPER

 * Andrew Freedman, author of Axios Generate

Updated 13 mins ago - Energy & Environment


WINTER STORM TO SLAM U.S. WITH BLIZZARD CONDITIONS, RECORD TEMPERATURES

Forecast temperature departures from average across the U.S. on Feb. 23, showing
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The U.S. is currently plastered with severe weather advisories, from blizzard
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The big picture: The extreme weather on tap for the U.S. this week will feature
record-breaking cold in the West along with heavy snow, facing off against
record heat in the East.

Go deeper (2 min. read)
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 * Bethany Allen-Ebrahimian, author of Axios China

1 hour ago - World


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Illustration: Gabriella Turrisi/Axios

Since 2020, Beijing has increasingly used trade restrictions and threats to
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"established and favoured part" of China's foreign policy, according to a new
report.

Why it matters: China's economic coercion suppresses global speech critical of
Beijing and makes it harder for countries to uphold the liberal international
system of open trade, rule of law and human rights.

Go deeper (1 min. read)
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 * Ivana Saric

Updated 2 hours ago - World


BIDEN SAYS "UKRAINE WILL NEVER BE A VICTORY FOR RUSSIA" IN MAJOR SPEECH FROM
POLAND

US President Joe Biden delivers a speech at the Royal Warsaw Castle Gardens in
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President Biden delivered a fiery message of freedom and democracy during a
major speech Tuesday from Poland to mark the upcoming first anniversary of
Russia's war in Ukraine.

Driving the news: The speech on Tuesday in Warsaw came a day after his surprise
visit to Kyiv — a major sign of U.S. support for Ukraine.

Go deeper (2 min. read)
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