Overview

A. Context

On February 3, 2023, the small town of East Palestine, Ohio, saw its future drastically change when a Norfolk Southern-operated train derailed, releasing its toxic contents into the environment. One year later, the 4,700 residents of the village still feel the effects, with authorities largely unsure of how to approach the issue.¹ 

The mile-long train had been on a standard route from Madison, Illinois, to Conway, Pennsylvania, carrying chemicals including the now infamous vinyl chloride. The chemical is factory-produced, meaning it cannot be found in nature. Moreover, the chemical is used to make polyvinyl chloride, commonly known as PVC, a rigid plastic used for piping and wiring, a staple in both the construction and plumbing sectors.² While vinyl chloride is integral to infrastructure, burning the chemical releases harmful gases into the air, resulting in a multitude of identifiable, short term negative health effects. The combustion of vinyl chloride yields both carbon monoxide and hydrogen chloride, the latter forming the caustic hydrochloric acid (HCl) when mixed with water. HCl irritates exposed body parts, notably including the eyes and mouth. Other chemicals carried include butyl acrylate (adhesives) and ethylhexyl acrylate (paint). The long-term effects of these chemicals have not been adequately studied, leaving East Palestinians in worry. 

The train crash released an estimated 1.1 million pounds of vinyl chloride, all of which rapidly burned either in the atmosphere, the crash’s fire, or by the authorities, releasing potent and harmful gases posing an immediate threat to the community.³ Of the 150 cars en route, thirty-eight derailed, with fifty sustaining damage, prompting the government to investigate the incident’s cause. The results came quickly with reports from the National Transportation Safety Board (NTSB) released just over two weeks later. A wheel bearing–the connection point between the wheel and axle–overheated beyond Norfolk Southern’s 200-degree threshold, causing the derailment.⁴ Such overheating is caused by accumulating friction in the bearing, generating heat that prevents the wheel from functioning properly. Several studies have suggested that had the train been equipped with electronically controlled pneumatic (ECP) brakes, the accident would have been averted. This is because  ECP brakes allow for shorter stopping distances, thus avoiding the pileup of cars during the derailment.⁵ Jason Cox, member of the Transportations Communications Union, further testified that although the train passed through three railyards for inspection, recent Norfolk Southern layoffs could not allow for a more thorough, complete inspection. As a result, the train car causing the incident went unchecked.⁶ The NTSP’s chairwoman Jennifer Homendy concludes that the nature of the accident was “100% preventable.”⁷ 

During the incident's aftermath, officials were tasked with preventing the seemingly unavoidable explosion of the train cars, labeling the situation as a “ticking time bomb.” In an attempt to minimize the damage, they decided to cut into the train cars to release the chemicals and burn them afterward. The method resulted in chemicals seeping into the East Palestine watershed.⁸ However, officials stand by their decision.Altogether, the East Palestine derailment continues to inflict harm upon the East Palestine community, and officials are still working to make amends. 

B. Immediate Response

The aftermath of the East Palestine train derailment saw an immediate response, taken to address and assist the local and state authorities. The Environmental Protection Agency (EPA) promptly dispatched staff to the scene to provide the resources that would effectively manage the incident and mitigate the potential environmental consequences.⁹ In initiating the appropriate measures, key actions included, prioritizing residents in the affected areas who had been evacuated immediately, promptly removing individuals from their homes that may have been hazardous. Emergency responders provided affected residents with shelters, medical assistance, as well as measures to protect themselves.¹⁰ Then, specialized teams were deployed to contain the spillage of the hazardous materials and prevent further damage to the environment. These teams concentrated on debris removal, securing the site, and containing pollutants, utilizing available resources and methodologies to address the situation effectively. Despite the collaborative endeavors of emergency responders, evaluating the level of danger presented by the derailment and devising suitable risk reduction approaches demanded thorough examination and specialized knowledge. 

In March, the justice department filed a lawsuit against Norfolk Southern.¹¹ This legal recourse served to underscore the responsibility held by corporations in upholding the safety standards of their operations. Moreover, it shed light on the severe repercussions of any negligence on their part, not only in terms of public safety but also regarding environmental preservation. This legal action signifies a pivotal moment in holding entities accountable, those entities whose actions or oversights result in harm to the community and the environment.

The National Transportation Safety Board (NTSB) also initiated a specialized inquiry into the safety protocols employed by the company, demonstrating a proactive stance toward identifying systemic deficiencies and averting future mishaps. This investigative endeavor not only aims to uncover specific lapses but also serves as a driving force for enhancing safety standards across the industry and strengthening regulatory oversight mechanisms. By delving into the root causes of the incident, the investigation seeks to foster a culture of continuous improvement and ensure the implementation of robust safety measures to safeguard against similar occurrences in the future.

Policy Considerations

A. Tried Policy

A year after the U.S. government’s initial response to the derailment, many citizens in East Palestine have reported continued health detriments. Officials cleared East Palestine for return on February 8, 2023, five days after the derailment, deeming that chemical spills were no longer a serious health concern.¹² However, citizens such as Ashley McCollum have reported symptoms including rashes, sensory oral reactions, ear pain, and hair loss upon her family’s return to East Palestine.¹³ As a result, she and her family members had to relocate to various temporary stays. Such reports have prompted the Biden Administration to announce a statement supporting the township and addressing future steps for recovery.¹⁴One of the most widely identified issues with the derailment case is the lack of responsibility taken by Norfolk Southern, the company responsible for the trains that malfunctioned on February 3. Despite the damages reported by citizens, the company remained relatively silent in its own financial and health-related response to the derailment. Following Ohio senator Sherrod Brown’s continued calls for an actionable change from Norfolk Southern, the EPA emphasized its mandate for the company to pay for any civilian and environmental damages caused by the derailment. CEO Alan H. Shaw later pledged his commitment to cooperate with authorities and citizens alike for the amendment of his company’s operational blunders.¹⁵ However, those in the East Palestine community are yet to receive the pledged reparations.¹⁶

B.Recent Developments

Aside from the lack of reparations and rising physical health concerns, many citizens in the area reported further mental health issues due to the incident.¹⁷ The slew of toxic materials flowing into Eastern Ohio water basins, compounded with rising distrust of government intervention, have contributed to regional social instability. Being displaced put many East Palestine citizens under severe mental distress: over 70% of community members have reported mental health challenges, with a slower response from both the government and Norfolk Southern to address non-physical concerns.¹⁸ Citizens are struggling to decide between returning home or permanently moving away amid physical, mental, and financial damages from the chemical leakage. 

Policy Problem

Rail, oil, and chemical industries have succeeded in limiting what qualifies as a high-hazard flammable train (HHFT). The lobbying done by these industries has resulted in regulations and policies that do not address the full range of dangerous substances that are transported by rail.¹⁹  These industries believe that stern safety regulations would disrupt the flow of the industry at a great cost.²⁰  The derailment itself has also caused the public to raise its own concerns about the current wayside defect detectors and other sensors currently in place.²¹  Several billion-dollar industries lobbying against regulations is nothing new. As Senator Brown said, “rail lobbyists have fought for years to protect their profits at the expense of communities like East Palestine and Steubenville and Sandusky.”²² Implementing a new brake system and installing new sensors on HHFT railways is not much to ask. Policies implementing these sensors and brakes would yield important benefits at little cost due to the longevity of both the sensors and the brakes (some brake pads are capable of lasting over 2.57 million km).²³ Still, industries have blatantly ignored calls to revamp safety measures. 

Policy Options

Thankfully, senators like Senator Brown are taking notice, introducing crucial bills like the bipartisan Railway Safety Act of 2023 to Congress.²⁴ This rail safety bill proposed in the Senate initially required that the detectors be 10 miles apart on tracks used by trains carrying hazardous materials, but a later version of the bill imposed a looser requirement, as a result of lobbying by industries.²⁵ The measure, initiated by Senators Sherrod Brown (D) and J.D. Vance (R) of Ohio, sought to  strengthen notification and inspection requirements for trains carrying hazardous materials, increase fines for safety violations by rail carriers, and authorize $27 million for research on safety improvements.²⁶ The bipartisan nature of the bill — which is co-sponsored by Senators Marco Rubio of Florida, Josh Hawley of Missouri, and Tammy Baldwin of Wisconsin— indicate that the bill  may be able to gain traction. At a Senate hearing in March after the accident, Alan H. Shaw appeared before the Senate Environment and Public Works Committee and declined to endorse the bipartisan rail safety legislation. Norfolk Southern soon banded together with its counterparts, including BNSF Railway, CSX, and Union Pacific, to challenge core provisions of the bill. “We’ve literally given them a road map for how to improve safety, and they haven’t done so,” said Homendy, the NTSB chair.In a speech on the House floor, Pennsylvania Rep. Chris Deluzio (D) noted that in the past year, Congress did “absolutely nothing” to make railroads safer by failing to pass bipartisan legislation to prevent incidents like the East Palestine derailment from happening again. Luckily, the future is looking promising, as Congress debates and considers its policy options.