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East Palestine Train Derailment: NTSB, FRA Reports Reveal Safety Concerns

adminJuly 30, 2024

On the evening of February 3, 2023, life was abruptly changed for the residents of East Palestine, Ohio. When a Norfolk Southern (NS) train derailed at about 8:55 pm E.T. in the middle of their peaceful little town, it set off a hazardous cascade that may affect the area and its residents for many years to come. Adding to their hardship, a recent report from the National Transportation Safety Board (NTSB) revealed significant safety concerns. In its own report that followed, the Federal Railroad Administration (FRA) concurred with the need for change. 

Background

The U.S. Environmental Protection Agency (EPA) has been heavily involved in the aftermath of the disaster and provides this description of the accident: “On February 3, 2023, a Norfolk Southern freight train derailed in East Palestine, Ohio, about a quarter-mile west of the Ohio-Pennsylvania state line. … Of the 150 train cars, about 50 cars were affected by the derailment. The rest were uncoupled and removed from the scene. About twenty of the affected cars contained hazardous materials, including vinyl chloride, ethylene glycol, ethylhexyl acrylate, butyl acrylate and isobutylene, and several cars contained oil. Some cars caught fire, and several cars were vented and their contents burned to avoid a possible explosion. Some cars spilled their loads into an adjacent ditch that feeds Sulphur Run, a stream that joins Leslie Run, which eventually empties into the Ohio River. …”

For more from the EPA about this situation, visit East Palestine, Ohio Train Derailment.

NTSB report

On June 25, the NTSB released the findings of its investigation, which revealed that a failed wheel bearing was the cause of the derailment, and that the vent and burn of hazmat tank cars — which has created additional health concerns for residents — was an “unnecessary” measure to take.  

“NTSB investigators said that the derailment occurred when a bearing on a hopper car failed and overheated, leading to the fiery February 3, 2023, derailment in the center of this small Ohio town,” the press release says. “NTSB investigators … said the decision by the local incident commander three days later to conduct a vent and burn of the contents of the tank cars carrying vinyl chloride monomer was based on incomplete and misleading information provided by Norfolk Southern officials and contractors. The vent and burn was not necessary to prevent a tank car failure, NTSB investigators found.” 

Citing the FRA, the NTSB referred to a vent and burn procedure as a “last resort” that should be used “when a tank car is about to fail.”

“Norfolk Southern rejected three other removal methods and began planning for a vent and burn shortly after the derailment,” according to NTSB investigators. 

NTSB also said that the use of DOT-111 tank cars to transport hazardous materials contributed to the severity of the incident. 

“During the derailment, three DOT-111 cars were mechanically breached, releasing flammable and combustible liquids that ignited,” the agency said. “The fire spread and exposed other tank cars to heat, leading to a decision to conduct vent-and-burn action on five tank cars carrying vinyl chloride. The vent and burn resulted in a mushroom cloud that towered over the town and surrounding area.” 

Noting that overheated wheel bearings are a common culprit in rail accidents, the NTSB said although hot bearing detectors are part of a warning system for train crews, the crew involved didn’t receive notification in time to intervene. 

“The crew did not receive a hot bearing warning until the train passed over a detector in East Palestine, when the overheated bearing was about to cause its axle to fail,” the NTSB said. “The crew began to slow the train using dynamic braking, but it was too late. A total of 38 rail cars derailed, including 11 rail tank cars carrying hazardous materials.” 

Based on the outcomes of its investigation, the NTSB issued new safety recommendations to the Secretary of Transportation, FRA, PHMSA, the state of Ohio, the Association of American Railroads, Columbiana County Emergency Management Agency, the Chlorine Institute, Norfolk Southern Railway, the International Association of Fire Chiefs, the International Association of Fire Fighters, the American Chemistry Council, Oxy Vinyls, LP and the National Volunteer Fire Council. The recommendations address safety issues including:

  • ​Failure of wayside monitoring systems to diagnose a hot wheel bearing in time for mitigation to prevent a derailment
  • Inadequate emergency response training for volunteer first responders
  • Hazardous materials placards that burned away, preventing emergency responders from immediately identifying hazards
  • A lack of accurate, timely and comprehensive information passed to local incident commanders and state officials
  • The continued use of DOT-111 tank cars in hazmat service

In her July 23 testimony before the Railroads, Pipelines, and Hazardous Materials Subcommittee Committee on Transportation and Infrastructure United States House of Representatives, NTSB Chair Jennifer Homendy provided in-depth details of the accident and response, as well as the agency’s findings and recommendations. 

Early in her testimony, Homendy cited grim road safety statistics to demonstrate that “rail passenger and freight transportation in the United States is far safer than road transportation” and that she wouldn’t want to see a shift in traffic from roads to rails — particularly when it comes to hazardous materials. However, in her conclusion to the committee, she underscored the need for better rail safety. 

“… We strongly believe that continued vigilance and improvement are needed in our rail system,” Homendy said. “We recognize the progress that has been made; yet there will always be room for more when it comes to safety. …” 

FRA report

On July 19, the U.S. Department of Transportation’s Federal Railroad Administration (FRA) published the results of its investigation into the derailment. 

“FRA found that the derailment was caused by a roller bearing that failed due to overheating, consistent with the investigation findings of the National Transportation Safety Board (NTSB)…”, according to the press release. “Norfolk Southern’s procedures and the inadequate staffing for communicating information from the Hot Box Detectors (HBDs), a type of wayside detector installed along the railroad right of way that monitors the condition of freight and passenger rolling stock, to the train crew may have contributed to the accident.” 

Regarding the vent-and-burn decision, the FRA said it “neither made, directed, nor participated in the decision to conduct a vent and burn operation, and the agency has no role or authority in such a decision.”

As a result of its investigation, the FRA said it initiated 12 enforcement cases with 117 counts against the railroad and other entities. 

“Our department’s work began within hours after the derailment in East Palestine — supporting first responders and investigating the incident alongside the NTSB’s independent review — and today, we are clear-eyed about its cause and what must be done to prevent similar incidents in the future,” said U.S. Transportation Secretary Pete Buttigieg. “We are taking action on the NTSB’s recommendations, but we also now need Congress to do its part to enhance rail safety and hold the railroads accountable by passing much-needed legislation.”

“Norfolk Southern’s train derailment in East Palestine was a wake-up call to the country and should be to the freight rail industry that the status quo is unacceptable when it comes to rail safety. We must all be more vigilant and advance new measures that will keep people working on, living near, and traveling along railroads out of harm’s way,” said FRA Administrator Amit Bose. “FRA has issued new rules and drawn attention to safety concerns, conducted safety audits, and secured the participation of major Class I railroads and their union workers, including Norfolk Southern — the first Class I freight railroad to currently participate in the agency’s Confidential Close Call Reporting System — among other actions, and we will not stop in pursuit of our top priority: safety.”

In addition to other concerns that concurred with NTSB findings, the FRA likewise said the use of DOT-111 tanks added to severity of the accident. 

“FRA’s investigation also looked closely at the hazardous materials being transported in the train to ensure compliance with all required documentation, package marking, labeling, and emergency response information requirements as well as the use of a general-purpose DOT-111 specification tank car to transport butyl acrylate, a flammable liquid,” the press release said. “The DOT-111 tank cars were breached in the derailment. FRA found that such use contributed to the severity of the accident because they were not equipped with a jacket, tank head puncture resistance system, or thermal protection system. …”

FRA’s full accident investigation report can be found here. 

Railway Safety Act of 2023

Both the NTSB and FRA are looking for help from Congress to improve rail safety — which is why calls are growing for action on the stalled bipartisan Railway Safety Act of 2023. 

Introduced by Ohio and Pennsylvania Sens. Sherrod Brown, J.D. Vance, Bob Casey, and John Fetterman, along with Sens. Marco Rubio (R-Fla.) and Josh Hawley (R-Mo.) in response to the accident, the legislation was approved on May 10 of last year by the U.S. Senate Committee on Commerce, Science and Transportation following negotiations led by Senator Maria Cantwell (D-Wash.) and sent to the Senate Floor. 

“This bipartisan legislation is focused on learning the lessons from East Palestine and helping us to avoid future accidents,” Sen. Cantwell said before the legislation passed 16-11. “No community should have to go through the trauma and evacuation and environmental damage that East Palestine had to go through, especially when you can prevent these from happening.”

In its key provisions, the bill: 

  • Mandates the use of defect detection technology which could have prevented the East Palestine derailment, making them more frequent near dense urban areas
  • Expands the types of hazardous materials, like the vinyl chloride carried by the East Palestine train, that trigger increased safety regulations, including speed restrictions, better braking, and route risk analysis
  • Improves emergency response by providing states information about the hazardous materials being transported by rail through their communities and strengthening railroad emergency response plans
  • Prevents 30-second railcar inspections and mandates a new requirement that ensures railcars are properly maintained
  • Increases penalties for violations of rail safety law to ensure safety laws are taken seriously
  • Requires two crewmembers to operate a train to prevent a situation where only one person is on the train in an emergency
  • Ensures firefighters are made whole after responding to major derailments
  • Expands the existing Hazardous Materials Emergency Preparedness grant to allow fire departments to purchase the personal protective gear that keeps them safe

The legislation has yet to undergo a vote in the Senate, and Senator Brown issued a statement after the NTSB report was released, calling for action on the bill.  

“Today, the NTSB made crystal clear what we have been saying for over a year – stronger rail safety regulations are needed immediately. Congress needs to pass the Railway Safety Act to enact stronger safety rules and hold the big railroad companies accountable. This report shows that Norfolk Southern’s greed and neglect for public safety is the reason this derailment happened, and the people of East Palestine have suffered the consequences. As I’ve told the people of East Palestine — and as I keep telling them: I’m here for the long haul. I will keep fighting to hold Norfolk Southern accountable and to ensure we take action to prevent another derailment like the one that devastated East Palestine,” said Brown.

Brown is pressuring the Senate to bring the Railway Safety Act to the floor for a vote.

Additional resources related to the NTSB report include: 

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