Editorial: Rail regulation needed

Rail safety is not an academic issue in Toledo.

The Norfolk Southern train that derailed in East Palestine, Ohio, in February of 2023, with cargo that included hazardous materials, first passed through Toledo.

The National Transportation Safety Board’s findings on that incident is cause for concern in Toledo and across the state and nation.

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Most troubling, the NTSB accused Norfolk Southern of interfering with the investigation and attempting to undermine the results. Jennifer Homendy, head of the NTSB, called Norfolk Southern’s conduct, “unconscionable.”

Ms. Homendy accused the rail giant’s slow walking release of information necessary for the investigation, manufacturing its own evidence and trying to smear the reputation of the NTSB.

Norfolk Southern says it acted ethically and cooperated throughout the investigation. The rail industry has enormous self regulatory discretion, which the NTSB is recommending become government administered regulations akin to those imposed on the airlines.

The NTSB confirms the cause of the crash was an overheated wheel bearing, seen sparking on video for 20 miles, but missed by the one Norfolk Southern safety monitor working from home. Furthermore, the trackside detectors under reported the rising temperature finally sounding an alarm when it was too late to avoid derailment.

However, the most maddening NTSB finding is that hazardous chemicals were vented and burned, leaving a plume of poison above East Palestine, based on the false threat that the railcars would explode if left unvented. The NTSB says Norfolk Southern had been told by the chemical manufacturer there was no threat of explosion but did not tell local safety officials and Gov. Mike DeWine who made the decision to vent and burn the toxic liquid.

East Palestine citizens and Ohio Senators Sherrod Brown and J.D. Vance speculate the desire to vent the cargo was driven by demand to clear the track and resume rail service. Mr. Brown and Mr. Vance are co-sponsors of legislation to increase safety regulations on the railroads, opposed by the industry.

But nothing better shows the need for new safety regulation on rail cargo than NTSB allegations that Norfolk Southern worked to impede their investigation, misled safety officials, caused a dangerous toxic release, and had faulty equipment with too few people to detect and react to the equipment failure that caused the derailment.

There are good economic reasons for Norfolk Southern not to fight safety regulations that spring from the East Palestine catastrophe.

The railroad has set aside $600 million for settlements with local residents, paid over $300 million to the Justice Department and Environmental Protection Agency for cleanup costs, and estimates they’ll spend $1.7 billion before the case is closed.

The self-regulated railroads won’t willingly spend on safety upgrades that would save them massive payouts. It’s in everyone’s interests to protect rail safety with new regulations that carry the force of federal law.

Senators Brown and Vance should redouble their efforts given the details released on East Palestine. Locations like Toledo with heavy train traffic should not be vulnerable to disaster because railroads cannot be trusted to regulate themselves.