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BumRushDaShow

(131,764 posts)
Thu May 23, 2024, 12:39 PM May 23

Norfolk Southern will pay modest $15 million fine as part of federal settlement over Ohio derailment

Source: ABC News/AP

May 23, 2024, 11:34 AM


The federal government agreed to a modest $15 million fine for Norfolk Southern over last year's disastrous derailment in East Palestine, Ohio, and the railroad promised to pay more than $300 million to complete the efforts to improve safety that it announced after the crash and address community health concerns.

The Environmental Protection Agency and Justice Department announced the agreement Thursday — two days after a federal judge signed off on the railroad's $600 million class action settlement with residents whose lives were disrupted. In addition to the civil penalty, Norfolk Southern agreed to reimburse the EPA an additional $57 million in response costs and set up a $25 million health care fund to pay for 20 years of medical exams in the community. The railroad will also pay $25 million to $30 million for long-term monitoring of drinking water and groundwater.

“This settlement is historic in many ways and will begin to make up for some of the damage caused to the residents of East Palestine. And it would absolutely push the industry in the direction that we would like for the industry to go,” EPA Administrator Michael Regan said. “Again, if some of these provisions that we’ve secured and locked in had been in place, we may not even be where we are today. ”

Regan said the fine is the largest allowed under the Clean Water Act, and the railroad agreed to continue paying all of the cleanup costs. But the railroad won't face criminal charges, and this latest settlement won't add anything to Norfolk Southern's roughly $1.7 billion in total costs related to the derailment because the Atlanta-based company was already anticipating those costs.

Read more: https://abcnews.go.com/US/wireStory/norfolk-southern-pay-modest-15-million-fine-part-110506228

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Norfolk Southern will pay modest $15 million fine as part of federal settlement over Ohio derailment (Original Post) BumRushDaShow May 23 OP
I'll bet the actuarial accountant who predicted the cost/benefits got this right and they still have a net profit JT45242 May 23 #1
Ever seen the movie The Yes Men Save the World? LT Barclay May 23 #2
Anyone have any insight on why this wasn't a Federal response from day one? LT Barclay May 23 #3
The NTSB and EPA were on the scene BumRushDaShow May 23 #5
Well they were on-scene, but I'm wondering why they weren't running the response. LT Barclay May 23 #7
They had to determine what the manifest was for the trains BumRushDaShow May 23 #8
We need a corporate death penalty Dorn May 23 #4
Chump change. Yo_Mama_Been_Loggin May 23 #6

JT45242

(2,401 posts)
1. I'll bet the actuarial accountant who predicted the cost/benefits got this right and they still have a net profit
Thu May 23, 2024, 01:24 PM
May 23

Just like when car companies calculated the cost of fixing deadly risks in cars versus payouts.

They must have saved far more than $3 billion by hving fewer workers, littel or no mainetnance, and extra trips by not getting trains out of commission doing necessary maintenance.

Would love to see someone get discovery of their risk assessments that included loss of human life and major environmental impacts.

LT Barclay

(2,638 posts)
2. Ever seen the movie The Yes Men Save the World?
Thu May 23, 2024, 01:36 PM
May 23

They were at some corporate conference claiming to have software for just that purpose. How much profit loss per death compared based on a faulty product.
They had plenty of interest.

BumRushDaShow

(131,764 posts)
5. The NTSB and EPA were on the scene
Thu May 23, 2024, 03:38 PM
May 23
Feb 4, the day after it happened (the train derailed at night around 9 pm on Feb. 3, 2023) -

NTSB




NTSB Newsroom
@NTSB_Newsroom
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The NTSB is launching a go-team to investigate the Feb. 3 Norfolk Southern freight train derailment near East Palestine, Ohio. Member Michael Graham will serve as spokesperson on scene. Team is expected to arrive today.
9:30 AM · Feb 4, 2023


EPA

February 4, 2023

Environmental Protection Agency is responding to the site of the February 3 train derailment in East Palestine, Ohio. EPA On-Scene Coordinators and contractors are conducting fixed and roaming air monitoring and providing technical assistance to the East Palestine Fire Department and other responding agencies. Measures are also being taken to sample and mitigate any possible impacts from runoff from the fire to the Sulphur Run and Leslie Run streams.
Air Monitoring

EPA deployed real-time air monitoring instruments in 12 locations surrounding the fire and in the neighboring community. In addition, one air sample was collected in downtown East Palestine for laboratory analysis. EPA is monitoring for volatile organic compounds (also known as VOCs) including vinyl chloride and butyl acrylate. EPA is also monitoring levels of carbon monoxide, oxygen, hydrogen sulfide, hydrogen cyanide, phosgene, and hydrogen chloride, as well as measuring the flammability of gases in the perimeter.

In addition to the fixed air monitoring stations, handheld monitors are being used to monitor areas of significant odor. Butyl acrylate has a low odor threshold of 0.035 parts per million (ppm), which means people can smell it in the air even at very low levels. In comparison, current screening levels for used on the incident for any VOCs is 0.1 ppm.
Water Runoff

Responding crews discovered contaminated runoff on two surface water streams: Sulphur Run and Leslie Run. Under Ohio EPA oversight, Norfolk Southern emergency response contractors installed booms and underflow dams to restrict the flow of contaminated water as well as contain and collect floating product.

EPA took water samples at the streams and has sent them to a laboratory for analysis. Emergency response staff noticed impacted aquatic life and notified the Ohio Department of Natural Resources and the Department of Interior. Ohio DNR is on site and is assessing the situation and the impacts to aquatic life. Downstream water utilities were also notified.

https://www.epa.gov/east-palestine-oh-train-derailment/operational-updates#feb423

LT Barclay

(2,638 posts)
7. Well they were on-scene, but I'm wondering why they weren't running the response.
Thu May 23, 2024, 08:40 PM
May 23

It has been a while since I have dug into CERCLA, but that should have been a federal response and as far as I know there would be no reason to let the state handle it.
Maybe CERCLA is different from OPA-90, or maybe it is because I am used to interpreting things based on the authorities of the Captain of the Port in coastal zones, but as poorly as that was run it should have been a federal response. Just another example of how passing federal responsibilities on to the states is usually a bad idea.

BumRushDaShow

(131,764 posts)
8. They had to determine what the manifest was for the trains
Thu May 23, 2024, 09:05 PM
May 23

but what you are proposing is something that MAGats (and that is apparently who lived in that area) would insist was a "leftist government takeover" and that would start a big political jurisdictional mess at a time when the site needed to be contained, secured, and assessed for further actions.

At least initially, it looks like they were working with and deferring to the OH EPA and Emergency Managers in a supportive role in order to determine what "big guns" (bad euphemism but... ) might have been needed to bring in.

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