President Joe Biden issued an executive order Wednesday that will direct federal agencies to take action for recovery efforts in East Palestine, seven months after a Norfolk Southern train carrying hazardous chemicals derailed in the town. 

What You Need To Know

  • The order also looks to hold Norfolk Southern accountable for the Feb. 3, 2023 incident, in which 11 rail cars from one of its trains derailed, and some caught fire

  • The rail cars were carrying chemicals like vinyl chloride, ethylene glycol monobutyl ether, ethyl-hexyl acrylate, butyl acrylates, benzene residue and isobutylene, which seeped into waterways and in the soil

  • Parts of the order include reports on the health of affected communities, continued monitoring of the air, soil and water and preliminary steps taken in the wake of the derailment

The order also looks to hold Norfolk Southern accountable for the Feb. 3, 2023 incident, in which 11 rail cars from one of its trains derailed, and some caught fire. They were carrying chemicals like vinyl chloride, ethylene glycol monobutyl ether, ethyl-hexyl acrylate, butyl acrylates, benzene residue and isobutylene, which seeped into waterways and in the soil. 

On Feb. 5, officials noticed pressure inside one of the rail cars increasing, which led to them having to do a "controlled release" of the chemicals in the car in order to avoid an explosion, sending the chemicals into the air.

Following the derailment and release of chemicals, residents of East Palestine reporting having issues with their health, which led to the state opening a health clinic in the area in April. Just last month, some residents said they're still experiencing symptoms related to the derailment. 

"It is critical that Norfolk Southern continue to be held fully accountable under the law for this disaster, and continue to provide resources to address the effects in East Palestine and surrounding communities," the White House said in a release. 

The order contains the following actions:

  • Within five days of the order, the Federal Emergency Management Agency (FEMA) has to designate a "Federal Disaster Recovery Coordinator" who will oversee recovery efforts in the communities affected by the derailment, as well as conduct an assessment to see if there are any needs that haven't been met by Norfolk Southern.
  • The Environmental Protection Agency (EPA) will continue its efforts to remove any contaminated soil and wastewater. Within 30 days of the order, the EPA must update the Biden administration on the health of the soil, waterways and the air. The EPA will also report whether Norfolk Southern is complying with federal mandates. From here on, the EPA must also update the Biden administration every 60 days. 
  • Within 60 days of the order, the Department of Health and Human Services (HHS) will submit a report to the president that includes "key conclusions from the public health testing and assessments that have been conducted to date and the resources HHS and the CDC have provided to address any health conditions related to the derailment." HHS will continue to monitor for any long-term health issues in the communities.
  • For Ohio and Pennsylvania, the HHS will provide technical assistance if either state decides to submit a proposal through the Medicaid program for residents who have been affected by the train derailment.  
  • Ohio's major disaster declaration, pursuant to the Robert T. Stafford Disaster Relief and Emergency Disaster Assistance Act, will be on hold to allow the state to collect and submit information on potential future needs "and cannot be addressed by Norfolk Southern, State, and local governments and therefore require Federal assistance under the Stafford Act."
  • The Department of Transportation (DOT) must also submit a report to the president on actions that it's taking in the wake of the train derailment within 60 days of the order. Then, within 120 days of the final National Transportation Safety Board's investigation, the report must be updated to include the DOT's "preliminary set of follow-on actions, which could include rulemakings, inspection activities, or other actions to ensure accountability."

"My Administration is committed to supporting the people of East Palestine and all those affected in surrounding areas of Ohio and Pennsylvania every step of the way, and continuing to hold Norfolk Southern fully accountable under the law," the White House press release stated. 

To read the full executive over, click here.

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