Deluzio joins Homendy in calling out Norfolk Southern’s actions after derailment

Public officials last week voiced a concern that’s been discussed for months in and around the village of East Palestine, Ohio: Norfolk Southern put its desire for profits over the health and safety of residents after a toxic train tumbled off a railroad track on the east side of town last year. 

U.S. Rep. Chris Deluzio, D-Aspinwall, called out the railroad company during a House Transportation & Infrastructure Committee meeting on Thursday. He represents a district that includes Beaver County, where residents watched a thick black cloud of smoke spread over their communities after a controversial process in which workers blasted holes in damaged rail cars, allowing hazardous chemicals to flow into a ditch where they could be ignited. This “vent and burn” event was initiated a few days after the Feb. 3, 2023, derailment.

At the time, officials had been told the cars were heating up and could possibly explode. But was that threat real? Deluzio has his doubts. Echoing information provided by the National Transportation Safety Board, Deluzio said Norfolk Southern and its subcontractors had withheld information indicating the cars were not a danger.

“The cars were more modern and thus able to withstand what had happened and, in fact, were cooling,” Deluzio said. “That information was not conveyed to the folks on the ground. They were pressured, in my opinion, to authorize the vent and burn, which sent a toxic fireball over the sky of my constituents and our neighbors in Ohio and imperiling their health. I find it unacceptable. It didn’t need to happen, and I think the question is why.

“It seems to me the railroad wanted to get the trains moving again, putting their profit, their lust for profit above the safety of my constituents.”

At that point, Deluzio asked U.S. Secretary of Transportation Pete Buttigieg if he trusted the railroads to regulate themselves.

“Absolutely not,” Buttigieg said.

“Me neither,” Deluzio said.

Deluzio used the moment to push legislation that would toughen rail safety. Last year, he and New York Republican Nick LaLota introduced the House version of the Railroad Safety Act, a bill that has bipartisan support. The measure is strongly opposed by railroad lobbyists and has yet to advance to the House floor. A Senate version of the bill was introduced by Ohio Sens. Sherrod Brown and J.D. Vance. The Hill has reported that the bill there is stalled because Republican leadership opposes the legislation.

Early last week, the NTSB chair said Norfolk Southern’s conduct during an investigation into the derailment was “unconscionable.” Jennifer Homendy’s comments came during an NTSB hearing that concluded the vent and burn process was unnecessary, and that the derailment was caused by a defective wheel bearing.

“Numerous times, Norfolk Southern delayed or failed to provide critical investigative information to our team,” Homendy said. “Twice, at the request of staff, I called Norfolk Southern stating I would issue subpoenas to get the information if it wasn’t immediately provided to our team.”

“For example, in interviews with our team, SPSI — Norfolk Southern’s contractor — maintained that they did not take or keep written records on trending tank car temperatures. However, in later interviews with their employees, we found that they did keep those records ….”

The company’s attempts to influence the investigation were “unprecedented and reprehensible,” Homendy said.

Norfolk Southern responded that the company is “always motivated by a desire to ensure they had all the relevant information for their independent evaluation and by a shared commitment to advance rail safety.”