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Norfolk Southern, EPA reach $310M settlement over East Palestine train derailment

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Thursday, May 23, 2024

Norfolk Southern has agreed to pay $310 million for damages from the 2023 derailment of a freight train carrying toxic chemicals in East Palestine, Ohio, the Environmental Protection Agency (EPA) announced on Thursday.Why it matters: Several different toxic chemicals were released during the derailment and its aftermath, igniting concerns over potential long term health ramifications for residents and environmental impacts.It comes on top of a separate $600 million class-action settlement it reached with East Palestine residents earlier this year.Driving the news: Norfolk Southern's settlement with the federal government resolves a lawsuit filed against the company by the Department of Justice and the EPA for the unlawful discharge of pollutants, oil, and hazardous substances under the Clean Water Act.Under the settlement, Norfolk Southern agreed to spend about $235 million to cover all past and future cleanup costs, the EPA said.It said the company will pay a $15 million civil penalty, $25 million for a 20-year community health program and another $30 million for long-term monitoring of ground and surface water and private drinking water sources for 10 years.It also must allocate roughly $6 million for a waterways remediation plan and pay $175,000 for natural resource damages.Context: Part of the town had to be evacuated after the wreck so first responders could vent and burn more than 115,000 gallons of vinyl chloride — a colorless but hazardous and carcinogenic gas — to mitigate an explosion risk.The burning of the vinyl chloride created a massive smoke plume over the town for several hours and generated large amounts of hydrogen chloride and phosgene, a highly poisonous gas.Butyl acrylate and the ethylhexyl acrylate were also released during the derailment.No one was injured in the immediate crash, but residents have said they are worried about potential long-term health effects.What they're saying: "No community should have to experience the trauma inflicted upon the residents of East Palestine," said EPA Administrator Michael Regan. "Because of this settlement, residents and first responders will have greater access to health services, trains will be safer, and waterways will be cleaner," Regan said.Catch up quick: The derailment led to a massive, ongoing cleanup effort that's so far cost Norfolk Southern over $1.1 billion.The derailment was linked to an overheated wheel bearing on one of the rail cars, according to the National Transportation Safety Board's (NTSB) ongoing investigation into the crash.NTSB Chair Jennifer Homendy stated in a Senate hearing earlier this year burning the vinyl chloride was likely unnecessary.The big picture: The crash drew attention to Norfolk Southern's safety record and highlighted a need for additional rail safety measures to prevent future derailments and other types of incidents.Train accidents have become less common over the past few decades, but thousands still occur around the country each year.Still, compared to other forms of transportation, rail is still considered the safest way to move large quantities of chemicals and hazardous materials over long distances.Norfolk Southern has also pledged to make rail safety improvements that could cost over $200 million.What's next: The U.S. District Court for the Northern District of Ohio must approve the settlement before it can go into effect.Go deeper: Better trains are coming. Will America get aboard?

Why it matters: Several different toxic chemicals were released during the derailment and its aftermath, igniting concerns over potential long term health ramifications for residents and environmental impacts.

It comes on top of a separate $600 million class-action settlement it reached with East Palestine residents earlier this year.

Driving the news: Norfolk Southern's settlement with the federal government resolves a lawsuit filed against the company by the Department of Justice and the EPA for the unlawful discharge of pollutants, oil, and hazardous substances under the Clean Water Act.

Under the settlement, Norfolk Southern agreed to spend about $235 million to cover all past and future cleanup costs, the EPA said.
It said the company will pay a $15 million civil penalty, $25 million for a 20-year community health program and another $30 million for long-term monitoring of ground and surface water and private drinking water sources for 10 years.
It also must allocate roughly $6 million for a waterways remediation plan and pay $175,000 for natural resource damages.

Context: Part of the town had to be evacuated after the wreck so first responders could vent and burn more than 115,000 gallons of vinyl chloride — a colorless but hazardous and carcinogenic gas — to mitigate an explosion risk.

The burning of the vinyl chloride created a massive smoke plume over the town for several hours and generated large amounts of hydrogen chloride and phosgene, a highly poisonous gas.
Butyl acrylate and the ethylhexyl acrylate were also released during the derailment.
No one was injured in the immediate crash, but residents have said they are worried about potential long-term health effects.

What they're saying: "No community should have to experience the trauma inflicted upon the residents of East Palestine," said EPA Administrator Michael Regan.

"Because of this settlement, residents and first responders will have greater access to health services, trains will be safer, and waterways will be cleaner," Regan said.

Catch up quick: The derailment led to a massive, ongoing cleanup effort that's so far cost Norfolk Southern over $1.1 billion.

The derailment was linked to an overheated wheel bearing on one of the rail cars, according to the National Transportation Safety Board's (NTSB) ongoing investigation into the crash.
NTSB Chair Jennifer Homendy stated in a Senate hearing earlier this year burning the vinyl chloride was likely unnecessary.

The big picture: The crash drew attention to Norfolk Southern's safety record and highlighted a need for additional rail safety measures to prevent future derailments and other types of incidents.

Train accidents have become less common over the past few decades, but thousands still occur around the country each year.
Still, compared to other forms of transportation, rail is still considered the safest way to move large quantities of chemicals and hazardous materials over long distances.
Norfolk Southern has also pledged to make rail safety improvements that could cost over $200 million.

What's next: The U.S. District Court for the Northern District of Ohio must approve the settlement before it can go into effect.

Go deeper: Better trains are coming. Will America get aboard?

Read the full story here.

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How a dwindling helium supply is impacting public land management

A new BLM plan for western Colorado makes a priority of helium production, worrying environmentalists.

In October, the Bureau of Land Management finalized a new resource management plan for Colorado’s Western Slope that will determine how 2 million acres of public land are managed for the next 15-20 years. The plan includes some conservation wins; it sets aside land designated as critical habitat, for example, and institutes extra protections for big game. But it also permits continued leasing in areas that have moderate and high potential for oil and gas development — with a particular focus on places with the unique geological conditions necessary for helium production. Helium is a noble gas, meaning it is chemically inert and doesn’t react with other substances. These qualities mean that it’s in high demand for a variety of critical uses in medical technology, diving and national defense; diagnostic procedures like magnetic resonance imaging (MRI), for example, and nuclear detection systems, including neutron detectors, all depend on helium. Currently, there are no synthetic substitutes for the gas that can replicate its low boiling point and low reactivity. While some helium is reused in some scientific areas, broader adoption of recycling is still limited by cost and infrastructure barriers. Some biotech companies are developing helium-free MRI systems and systems that use helium reclamation units, but helium remains an essential resource that many technologies need. And the world’s supply of the gas is rapidly dwindling. Sections of the Book Cliffs north of Grand Junction, Colorado, are identified as a low-potential gas drilling area, but also have helium drilling potential. Luna Anna Archey/High Country News with support from EcoFlight This scarcity has put increasing pressure on federal public lands to produce a resource essential to industry and national security. Helium is nonrecoverable: Once it’s released, it escapes into the atmosphere and eventually into space. According to the BLM, it is “a nonrenewable resource found in recoverable quantities in only a few locations around the world; many of these are being depleted.” In its final plan for western Colorado, the BLM proposes closing 543,300 acres in the Grand Junction Field Office to oil and gas leasing, but keeping 692,300 open, including about 165,700 acres that have been identified for helium recovery. A BLM spokesperson said that the nation’s shrinking helium reserves influenced the management plan: “The final decision on this plan to keep the helium area open to future leasing was based on helium’s rarity and strategic importance.” Keely Meehan, policy director for the Colorado Wildlands Project, a nonprofit focused on protecting public lands managed by the BLM, criticized the plan for prioritizing resource extraction over preserving critical habitat. “The environmental impacts and the impact to habitat and species is the same as for oil and gas,” said Meehan. “It disrupts habitat connectivity.” The sensitive areas in question include migration corridors and seasonal ranges essential for species such as mule deer, elk, pronghorn and bighorn sheep, as well as habitat that the threatened Gunnison sage grouse relies on for breeding, nesting and feeding. According to the U.S. Geological Survey, which conducted a survey of helium resources across the country, there is plenty of recoverable helium available — approximately 306 billion cubic feet, or about 150 years of supply at the 2020 U.S. production level, which comes to about 2.15 billion cubic feet annually. It’s unclear how much of that helium is found on federal public lands. Helium tends to occur naturally in natural gas reservoirs, and since federal public lands in the West account for a significant share of natural gas production, much of the U.S.’s helium reserves likely reside on public lands. Some rural western Colorado communities, many of which have historically depended on resource extraction, welcome the prospect of ongoing helium production. The Associated Governments of Northwest Colorado (AGNC), a council of city and county governments in that part of the state, advocated for opening the area to helium extraction in public comments to the agency, citing the potential economic benefits. “Helium possesses substantial economic potential and could potentially serve as a vital resource in supporting communities grappling with impending economic challenges,” the AGNC wrote in the comments. Read Next Will exploratory lithium mining in Arizona continue near a sacred hot spring? Maya L. Kapoor Other communities disagree, however, and the plan revealed the ongoing tension between rural communities that depend on resource extraction and those that rely on outdoor recreation, such as Pitkin and Eagle counties. The Mountain Pact, a coalition of local elected officials from over 100 mountain communities with outdoor recreation-based economies, argued in public comments that leaving the helium leases open would be detrimental to the natural resources that attract tourism dollars and investment. “Protected public lands are tremendous assets to Western Colorado communities,” the Mountain Pact wrote to the BLM in a public comment. “They play a critical role in our way of life. They help make the communities where we live what they are while contributing to a healthier and better tomorrow for future generations. In addition to the on-the-ground impacts of helium production, which echo those of natural gas extraction, opponents also brought up concerns about processing. Helium is separated from natural gas through a cryogenic process that uses cooling and pressure changes, which require energy, often from natural gas. Western Colorado currently lacks a facility that can process helium, however, and conservationists fear that building one, together with the necessary roads and other infrastructure, would disrupt wildlife habitat and potentially remove some parcels from consideration for future wilderness protections. “We’re really concerned about these wild places,” said Meehan, “and protecting areas that are currently not developed. There are really high-priority wildlands in this area, as well as high-priority habitat.” This story was originally published by Grist with the headline How a dwindling helium supply is impacting public land management on Nov 24, 2024.

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Texas reaches $12.6 million settlement in connection with 2019 Port Neches chemical plant explosion

The settlement directs TCP Group to repair equipment and to pay $12.6 million in penalties for clean air violations at its Southeast Texas facility.

Sign up for The Brief, The Texas Tribune’s daily newsletter that keeps readers up to speed on the most essential Texas news. Texas reached a $12.6 million settlement with TPC Group over environmental violations related to the November 2019 explosions at the company’s Port Neches chemical plant, Texas Attorney General Ken Paxton announced Friday. The settlement requires TPC Group to repair or replace its equipment and to pay $12.6 million in penalties for violations of state emissions laws at the company’s Port Neches plant after the 2019 blast. The explosions the day before Thanksgiving 2019 prompted the evacuations of more than 50,000 people from the area — about 100 miles east of Houston. The blasts spewed more than 11 million pounds of hazardous substances, causing more than $130 million in offsite property damage and additional impacts to human health and the environment, according to the U.S. Justice Department. Texas sued TPC Group in 2020, alleging that the company continued to operate its plant in Port Neches despite knowing that the facility had issues and for violating emissions limits even after the blast. The state also alleged that the Houston-based company violated clean air laws multiple times from January 2018 to September 2019. In a statement, TPC Group said that it was “working closely” with the Texas Commission on Environment Quality and the attorney general’s office to ensure its compliance with the state’s emission limits. The company described “operational challenges caused by custom emission control units” that it installed while converting the Port Neches plant after the explosion. “TPC Group is committed to complying with the emission limits of its permits and has been working diligently to address the issues,” Sara Cronin, TPC Group’s vice president of communications and public affairs, said in a statement. “The agreement is reflective of our dedication to work every day to be a positive part of the communities in which we operate and a leader in producing C4 petrochemicals. In May, TPC Group pleaded guilty to a violation of the Clean Air Act and agreed to pay more than $30 million associated with the explosions. The company filed for bankruptcy in 2022. In August, it agreed to pay $150 million in penalties related to violations alleged by the Texas Commission on Environmental Quality. The most important Texas news,sent weekday mornings. “In Texas, we believe in ensuring all industries operate safely and being responsible stewards of our environment,” Paxton said in a statement Friday. “These penalties send a clear message: operate responsibly to protect the health and safety of your fellow Texans, or face the consequences.”

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What is methanol and how does it affect the body?

Travellers are being warned of the dangers after six tourists in Laos died from methanol poisoning.

What is methanol and how does it affect the body?Michelle RobertsDigital health editor, BBC NewsGetty ImagesThe UK Foreign Office advises travellers: "Take care if offered, particularly for free, or when buying spirit-based drinks. If labels, smell or taste seem wrong then do not drink."Travellers are being warned of the dangers of methanol poisoning after six tourists to Laos have died. Methanol is an industrial chemical found in antifreeze and windshield washer fluid. It's not meant for human consumption and is highly toxic.Drinking even small amounts can be damaging. A few shots of bootleg spirit containing it can be lethal. What does methanol do to you?It looks and tastes like alcohol, and the first effects are similar - it can make you feel intoxicated and sick.Initially, people might not realise anything is wrong. The harm happens hours later as the body attempts to clear it from the body by breaking it down in the liver. This metabolism creates toxic by-products called formaldehyde, formate and formic acid.These build up, attacking nerves and organs which can lead to blindness, coma and death. Dr Christopher Morris, a senior lecturer at Newcastle University, said: "Formate, which is the main toxin produced, acts in a similar way to cyanide and stops energy production in cells, and the brain seems to be very vulnerable to this. "This leads to certain parts of the brain being damaged. The eyes are also directly affected and this can cause blindness which is found in many people exposed to high levels of methanol."So far, five of the six who have died have been women.Toxicity from methanol is related to the dose you get and how your body handles it.As with alcohol, the less you weigh, the more you can be affected by a given amount.Dr Knut Erik Hovda from Médecins Sans Frontières (MSF), which tracks methanol poisonings, says awareness varies a lot among tourists and healthcare staff in different parts of the world - and that could mean delays in diagnosing it."The symptoms are often so vague until you get really sick," he told the BBC.How is methanol poisoning treated?Poisoning is a medical emergency and should be treated in hospital. There are drug treatments that can be given, as well as dialysis to clean the blood. Some cases can be treated using alcohol (ethanol) to outcompete the methanol metabolism. But this has to be done quickly.Prof Alastair Hay, an expert in environmental toxicology from the University of Leeds, explained: "Ethanol acts as a competitive inhibitor largely preventing methanol breakdown, but markedly slowing it down, allowing the body to vent methanol from the lungs and some through the kidneys, and a little through sweat.”Dr Hovda said getting help quickly after consuming methanol was crucial to chances of surviving."You can ease all affects if you get to hospital early enough and that hospital has the treatment needed," he said."You can die from a very small proportion of methanol and you can survive from a quite substantial one, if you get to help."The most important antidote is regular alcohol."Getty ImagesMethanol is an industrial chemical found in antifreeze and windshield washer fluid. It's not meant for human consumption and is highly toxicHow can travellers avoid methanol poisoning?MSF says the majority of methanol poisonings happen in Asia, but some also occur in Africa and Latin America.The advice for travellers is to know what you’re drinking and be aware of the risks.Drink from reputable, licensed premises and avoid home-brewed drinks or bootleg spirits.Methanol is produced during the brewing process and concentrated by distillation. Commercial manufacturers will reduce it to levels which are safe for human consumption. However, unscrupulous backyard brewers or others in the supply chain may sometimes add industrially produced methanol, to make it go further and increase profits. Dr Hovda said methanol was mixed into alcohol "mostly for profit reasons, because it's cheaper and easily available".It is also possible for high levels of methanol to be produced by contaminating microbes during traditional ethanol fermentation.The UK Foreign Office advises travellers: "Take care if offered, particularly for free, or when buying spirit-based drinks. If labels, smell or taste seem wrong then do not drink."Which drinks could contain methanol?Affected drinks may include:To protect yourself from methanol poisoning:Seek urgent medical attention if you or someone you are travelling with show signs of methanol poisoning.

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California limits on ‘forever chemicals’ PFAS in products are effective, study says

Levels in people’s blood for 37 chemicals linked to health issues declined after they were designated under Prop 65California’s nation-leading restrictions on toxic chemicals in consumer products reduced the population’s body levels for many dangerous compounds linked to cancer, birth defects, reproductive harm and other serious health issues.New peer-reviewed research showed levels in residents’ blood for 37 chemicals the authors analyzed had declined after the substances were designated under Proposition 65, which regulates toxic chemicals in consumer goods. Continue reading...

California’s nation-leading restrictions on toxic chemicals in consumer products reduced the population’s body levels for many dangerous compounds linked to cancer, birth defects, reproductive harm and other serious health issues.New peer-reviewed research showed levels in residents’ blood for 37 chemicals the authors analyzed had declined after the substances were designated under Proposition 65, which regulates toxic chemicals in consumer goods.Among levels that fell were highly toxic PFAS “forever chemicals”, flame retardants, diesel chemicals, phthalates and bisphenol.The findings come as the federal government faces mounting criticism for not doing enough to rein in toxic chemicals in consumer goods, and the paper’s authors say their findings suggest regulations work.“It suggests a tangible public health payoff from the state’s more stringent environmental regulations,” said Claudia Polsky, director of the Environmental Law Clinic at UC Berkeley School of Law, and a study co-author.Researchers largely looked at chemicals covered by Proposition 65, which was implemented in 1986. It requires companies that sell products in California to warn consumers if the goods contain harmful chemicals that cause cancer, birth defects or reproductive harm.About 850 chemicals have been designated under the law. The paper compared data for 37 Prop 65 chemicals, or other compounds closely related to those that are designated, for which federal regulators also track levels in the US population’s bodies.Median levels decreased for several PFAS, which are among the most common and dangerous manmade substances. PFOS and N-MeFOSAA, two PFAS compounds, dropped by 77%, and PFOA levels fell by 62% – the levels are lower than national medians. Meanwhile, median bisphenol-A (BPA) concentrations decreased 15% after the designation.skip past newsletter promotionafter newsletter promotionThough people in California showed lower levels than the rest of the US in many instances, the law’s benefits may not be limited to California: levels of toxic chemicals in people’s bodies often went down in the state and across the US in the years following the chemicals’ Prop 65 designation, suggesting companies reformulated products to avoid the compounds.However, the authors cautioned that drops in body levels may not only be attributable to Prop 65. Though levels for phthalates, a common plasticizer, dropped in California, it coincided with a push by other states and the federal government to reduce the usage of some of the compounds.The study also found evidence of companies swapping out one toxic chemical for another problematic chemical with similar chemical structure and health effects. BPA levels dropped after it was designated, but levels of a related compound, bisphenol S (BPS), increased 20% over the same period.Similarly, levels of the phthalate DEHP, used in vinyl and other plastic products, went down after it was listed in 2003. At the same time, exposures to a closely related unlisted phthalate called DiNP went up. Levels of DiNP then dropped after it was also listed in 2013.The substitution “undermines the net health benefits of some chemical-specific restrictions and illustrates the need for chemical policies that address groups of closely related chemicals as classes”, the study’s authors wrote.

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More people are drinking toxic “forever chemicals” than ever, EPA report finds

More than 143 million Americans are exposed to PFAS in drinking water — 11 million greater than once thought

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Norfolk Southern, EPA reach $310M settlement over East Palestine train derailment

Related News

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More people are drinking toxic “forever chemicals” than ever, EPA report finds

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sign up for our mailing list to stay informed on the latest films and environmental headlines.

Cookies help us run our site more efficiently.

Norfolk Southern, EPA reach $310M settlement over East Palestine train derailment

Related News

How a dwindling helium supply is impacting public land management

Texas reaches $12.6 million settlement in connection with 2019 Port Neches chemical plant explosion

What is methanol and how does it affect the body?

California limits on ‘forever chemicals’ PFAS in products are effective, study says

More people are drinking toxic “forever chemicals” than ever, EPA report finds

Suggested Viewing

Lead in the Land

928 The Threat Continues...

Bag It

We Trees

Toxic Business

Join us to forgea sustainable future

sign up for our mailing list to stay informed on the latest films and environmental headlines.

Join us to forge
a sustainable future