On May 23, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced a settlement valued at over $310 million with Norfolk Southern Railway Company to address the damages caused by the February 3, 2023, train derailment in East Palestine, Ohio. Pending approval by the U.S. District Court for the Northern District of Ohio, Norfolk Southern will be required to enhance rail safety measures, fund health monitoring and mental health services for affected communities, support long-term environmental monitoring, pay a $15 million civil penalty, and take additional actions to protect local waterways and drinking water resources.
Norfolk Southern estimates that it will spend more than $1 billion on addressing contamination from the derailment and improving rail safety operations. This includes around $780 million in environmental response costs incurred since the incident.
In response to the derailment, EPA personnel arrived on site immediately and have remained to ensure community protection and provide up-to-date information. EPA Administrator Michael S. Regan emphasized accountability: “No community should have to experience the trauma inflicted upon the residents of East Palestine,” he said. "Today's enforcement action delivers on this commitment, ensures the cleanup is paid for by the company, and helps prevent another disaster like this from happening again."
Acting Associate Attorney General Benjamin C. Mizer highlighted President Biden's executive order aimed at addressing long-term effects of such disasters: “This settlement helps fulfill that promise,” he said.
The settlement follows a March 2023 complaint filed by the United States against Norfolk Southern for unlawful discharges resulting from the derailment. The EPA had issued an administrative order requiring cleanup of spilled substances and impacted soils as well as payment of all related costs.
Key provisions under this settlement include:
- Spending an estimated $235 million on past and future cleanup efforts.
- Paying a $15 million civil penalty for alleged Clean Water Act violations.
- Allocating $25 million for a 20-year community health program covering medical monitoring and mental health services.
- Implementing long-term groundwater and surface water monitoring over ten years with an estimated cost of $15 million.
- Establishing a private drinking water monitoring fund worth $15 million.
- Creating a "waterways remediation plan" with an estimated budget of $6 million for projects targeting pollution reduction and habitat restoration.
- Paying $175,000 for natural resource damages.
Additionally, Norfolk Southern is mandated to undertake projects enhancing hazardous material transportation safety by installing devices to detect overheated wheel bearings early enough to prevent similar derailments.
The proposed settlement is subject to a minimum 30-day public comment period followed by final court approval.
EPA remains committed to safeguarding East Palestine's health and safety through continuous on-site presence since the initial hours following the derailment. Over 115 million air monitoring data points along with more than 45,000 air, water, and soil samples have been collected since then.
To date, over 177,000 tons of contaminated soil and more than 69 million gallons of wastewater have been removed from East Palestine as part of ongoing remediation efforts.
