EPA orders Norfolk Southern to pay for train crash clean-up

Environmental Protection Agency chief Michael Regan on Tuesday ordered Norfolk Southern to carry out and pay for the clean up of the train that crashed and spewed toxic chemicals in East Palestine, Ohio.

The move comes nearly three weeks after the derailment that has drawn new scrutiny to railroad safety and put the shipment of hazardous materials under a microscope. Local residents have remained wary of the clean up so far despite assurances from EPA that the area was safe.

The new order will require the railroad to get EPA approval for its clean up plan and pay for all work. If the company doesn't complete any part of the plan, EPA will do it and charge Norfolk Southern three times the cost.

“The Norfolk Southern train derailment has upended the lives of East Palestine families, and EPA’s order will ensure the company is held accountable for jeopardizing the health and safety of this community,” Regan said in a statement. “Let me be clear: Norfolk Southern will pay for cleaning up the mess they created and for the trauma they’ve inflicted on this community.”

The company had already agreed to pay for all clean-up costs, but the order, issued under Regan's authority under the federal Superfund law, formally puts Norfolk Southern on the hook. It will also have to pay for air monitoring and cleaning services offered by EPA in the weeks since the crash, which released various hazardous chemicals that were carried on the train while several tankers of chemicals were burned off to prevent an explosion.

The order marks a transition at EPA from emergency response to long-term remediation, the agency said. That will include the creation of a "unified command structure" to coordinate the response between various federal, state and local agencies, as well as Norfolk Southern.

“As we transition from emergency response, EPA will continue to coordinate closely with our local, state, and federal partners through a whole-of-government approach to support the East Palestine community during the remediation phase,” Regan said. “To the people of East Palestine, EPA stands with you now and for as long as it may take.”

Pennsylvania Gov. Josh Shapiro on Tuesday said he has made a criminal referral to his acting attorney general, Michelle Henry. Ohio Gov. Mike DeWine also vowed that Ohio Attorney General David Yost "will certainly take the appropriate action."