The US Environmental Protection Agency (EPA) has announced that train operator Norfolk Southern will be responsible for the cleanup operations regarding the February 3 train derailment that caused rail cars carrying toxic chemicals to spill out their contents into the rural community.

The order was issued under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Under this act, the EPA has the authority to require liable parties of environmental pollution events to clean up the pollution.

As part of the order, Norfolk Southern will be responsible for the clean-up efforts and other costs associated with the cleanup. Additionally, Norfolk Southern will be responsible for reimbursing the EPA for all services it provided to the residents of East Palestine, Ohio, because of the derailment. Immediately following the derailment, government groups including the EPA provided water and air testing, as well as access to health services to impacted residents.

According to the order, if the railway company does not follow through with the cleanup efforts, the EPA will complete the cleanup and issue a fine against Norfolk Southern that is triple the cost of the cleanup effort. In announcing the order, the EPA administrator Michael Reagan shared that the railway company will “pay for cleaning up the mess they created and the trauma they’ve inflicted on community.” Reagan added, “I know this order cannot undo the nightmare that families in this town have been living with, but it will begin to deliver much-needed justice for the pain that Norfolk Southern has caused.”

Air and Water Safety Concerns Plague East Palestine Residents

Weeks after the train derailment, residents of East Palestine, Ohio, and the surrounding area are still understandably worried about their safety as they question the response by government officials and executives of Norfolk Southern.

On February 3rd, the freight train which was roughly two miles long and had only three employees on board, derailed in the town, spilling toxic materials including vinyl chloride into the soil and local waterways. In the days after the derailment, the rail company buried some of the contaminants on site and continued running its trains through the town. It’s not yet clear what other chemical contaminants residents may have been exposed to because of the spill.

In an effort to mitigate the disaster, including a possible explosion, officials executed controlled burns that released clouds of toxic materials into the air. Residents who were evacuated from the area returned home days later to find concerning effects including dead fish in streams, dead livestock, and toxic smells in the air. Many residents also began reporting concerning health symptoms including itchy skin, rashes, respiratory issues, and incessant coughs and headaches.

Government officials have responded by opening up health clinics throughout the community free of charge for residents. However, some residents have argued that these health clinics are nowhere near the response the community deserves. Local resident Mark Rothenberg shared with NBC News that he was told that he would receive a medical examination at the pop-up clinic, but when he arrived it was “simply a survey.”

Other residents have criticized the decision to have Norfolk Southern be responsible for the cleanup effort of a disaster they caused. Residents throughout the community criticized the response, and during a town hall-style discussion put on by CNN, some residents were able to voice their concerns directly to Norfolk Southern’s CEO, Alan Shaw.

One resident, Jim Stewart, shared his frustration by telling Shaw, "I'm 65 years old, a diabetic, AFib, heart disease -- did you shorten my life now? I want to retire and enjoy it. How are we going to enjoy it? You burned me. Do I mow the grass? Can I plant tomatoes next summer? What can I do? I'm afraid to! And it's in the air. Every day I cough -- a little cough here, a little cough there -- I've never had that."

He went on to say, "Your derailment, it's changed me now. It's made me an angry man. I don't want to be like that."

A preliminary report released by the National Transportation Safety Board showed that the derailment was caused by a faulty wheel bearing. Chairwoman Jennifer Homendy shared during a press conference in Washington D.C. that the derailment was 100% preventable, adding, “We call things 'accidents.' There is no accident. Every single event that we investigate is preventable. So our hearts are with, you know, that the NTSB has one goal and that is safety. And ensuring that this never happens again."

Following the release of the preliminary report, federal officials including Secretary of Transportation Pete Buttigieg visited the derailment site to listen to residents' concerns. In what many have called a publicity stunt, officials including Ohio’s governor have publicly taken drinks of the water in an effort to remedy the fears of the residents. Despite this, residents, advocacy groups, and others continue to call on holding responsible the many parties involved with the derailment for damages that are not yet fully understood.