EPA orders railroad to pay cleanup costs in Ohio

The US Environmental Protection Agency on Tuesday ordered Norfolk Southern, the operator of a train carrying hazardous chemicals that derailed in Ohio on Feb 3, to pay all costs related to the incident.

Norfolk Southern must identify and clean contaminated soil and water, but also must reimburse the EPA for the costs of cleaning private homes and businesses in East Palestine, Ohio.

If Norfolk Southern fails to comply with what the EPA has ordered, the agency will conduct the cleanup itself and charge the company triple the cost, it said.

"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," said EPA Administrator Michael Regan in East Palestine. "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 order also requires the company to participate in public meetings at the EPA's request and post information online. Last week, hours before a packed town hall meeting on the derailment, the company announced it wasn't going to appear, citing concerns about an unspecified "growing physical threat" to employees.

The rail company already faces multiple class-action suits from residents of East Palestine over the incident. The derailment spilled vinyl chloride and other hazardous chemicals, some of which leaked into water, soil and air in the area.

The derailment led to a controlled burning of toxic chemicals that the authorities believed were at risk of causing an explosion. Thousands of residents within roughly a mile radius of the incident had to evacuate their homes. Though most have returned, residents still have concerns about the safety of the air and water.

In response to the EPA order, Norfolk Southern said in a statement, "We have been paying for the cleanup activities to date and will continue to do so. We are committed to thoroughly and safely cleaning the site, and we are reimbursing residents for the disruption this has caused in their lives.''

The EPA's action was made under the legal authority of a 1980 law — the Comprehensive Environmental Response, Compensation and Liability Act, also known as CERCLA — which governs environmental cleanups following disasters.