Thread by @Salem4Congress

The East Palestine #OhioChemicalDisaster is a horrific ecological disaster

Norfolk Southern is going to have a lot of explaining to do because of this train derailment, chemical spill (into local waterways), & chemical fire

There must be accountability for this

A thread 🧵:

On 13 February 2023 the public learns of even more toxic chemicals involved in the derailment & fire than were even originally reported

Julia Jacobo (@JuliaTheWriter) at @ABC siting a list of derailed car contents Norfolk Southern provided to the @EPA

abcnews.go.com/US/toxic-chemi…

On 14 February 2023 the National Transportation Safety Board (NTSB) reports investigation findings:

“Surveillance video from a residence showed what appears to be a wheel bearing in the final stage of overheat failure moments before the derailment”

ntsb.gov/news/press-rel…

A timeline of how we got here:

On 8 May 2015 the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Federal Railroad Administration (FRA) release a final rule requiring the installation of electronically controlled pneumatic (ECP) brake systems by 2023

This rule would have applied to the Norfolk Southern train responsible for the #OhioChemicalDisaster according to David Sirota (@davidsirota) had Obama regulators not sided with lobbyists, & had the Trump admin not successfully repealed the rule entirely

levernews.com/rail-companies…

On 25 September 2018 the PHMSA and the FRA repeal the ECP rule, based on their updated Regulatory Impact Analysis (RIA) that showed the costs exceeded the benefits.

The agencies issue the final rule without providing an opportunity for public notice

eelp.law.harvard.edu/2021/01/crude-…

On 25 October 2018 a group of environmental organizations, led by @Earthjustice, administratively appeal the final rule.

They argued that the repeal of the ECP brake system requirement violated notice-and-comment rulemaking requirements & improperly relied on an out-of-date RIA

On 20 December 2018 The Associated Press (@AP) releases its findings that the RIA omitted up to $117 million in estimated future damages from train derailments that could be avoided by using electronic brakes.

apnews.com/article/2e91c7…

Now, in the wake of the East Palestine #OhioChemicalDisaster under the Biden Administration, US Department of Transportation (@USDOT) Secretary Pete Buttigieg (@SecretaryPete) has not made fighting to reinstate this repealed ECP brake rule a priority

jacobin.com/2023/02/pete-b…

In fact, the day of the derailment Buttigieg appeared on three Sunday news shows

Remarkably, Buttigieg was never asked about the ongoing East Palestine disaster. Nor did Buttigieg feel it necessary to raise the issue himself

thenation.com/article/societ…

The Department of Transportation's most recent regulatory agenda — which lists all planned, proposed, and final rules — does not include an ECP brake rule

reginfo.gov/public/do/eAge…

Instead, transportation regulators have been considering a rail-industry-backed proposal that could weaken existing brake safety rules.

levernews.com/there-will-be-…

In 2021, in response to a petition from the Association of American Railroads (AAR), the FRA proposed amendments to existing safety standards that would reduce the frequency of brake testing

AAR Petition:

regulations.gov/document/FRA-2…

FRA Amendments:

regulations.gov/document/FRA-2…

The proposed amendments are opposed by 5 major rail unions:

@BLET (a member of @Teamsters)

Brotherhood Railway Carmen Division (BRC/TCU/IAM) - a division of Transportation Communications Union (@TCUnionHQ)

@smartunionworks

(Others listed are not on Twitter)

All of whom are represented by the Transportation Trades Department (TTD) | America’s Transportation Unions (@TTDAFLCIO)

The largest U.S. transportation labor federation, representing all U.S. freight rail labor unions

https://twitter.com/TTDAFLCIO/status/1626657301749809152

“Inspections, testing and maintenance of rail equipment are all critical components to the safety of both railroad workers and the general public,” says BRC General President Rich Johnson.

goiam.org/news/territori…

“The lone significant technological advance during that period—the electro-pneumatic controlled braking system—has essentially been abandoned by the industry, because the major railroads would rather spend their profits on stock buybacks than on safety.”

goiam.org/wp-content/upl…

The #OhioChemicalDisaster has prompted progressive groups such as @BoldProgressive to demand @SecretaryPete immediately use his existing power to “make safety rules much stronger, so that rail workers and communities across America are protected.”

thehill.com/policy/transpo…

On 16 February 2023 @Earthjustice again formally contacted @USDOT & @SecretaryPete about the still unanswered administrative appeal from 2018

PHMSA regulations require a response of some sort from the agency within 90 days

All correspondence since 2018:

earthjustice.org/wp-content/upl…

The Norfolk Southern train derailment responsible for the #OhioChemicalDisaster has even garnered the attention of Republicans questioning rail industry practices, quality of brake systems, & regulation standards for these types of trains carrying hazardous & flammable materials.

U.S. Senators Marco Rubio (R-FL) (@SenMarcoRubio) & J.D. Vance (R-OH) (@JDVance1) sent a letter to @USDOT @SecretaryPete questioning the DOT on certain rail industry practices such as precision-scheduled railroading (PSR) & demanding answers regarding the use of those practices

PSR is a practice in which rail companies increase efficiency & drive down costs by moving more freight with fewer workers

“It is not unreasonable to ask whether a crew of two rail workers, plus one trainee, is able to effectively monitor 150 cars.”

rubio.senate.gov/public/index.c…

At least 9 lawsuits have been filed against Norfolk Southern over the Ohio train derailment & chemical spill/fire

Unfortunately, these folks may never get their day in court due to our corporate controlled government choosing to side with Norfolk Southern over the working class

https://twitter.com/davidsirota/status/1626341718634397696

We are starting to see some some accountability

@EPA:

“If Norfolk Southern failed to comply, the EPA would "immediately" carry out the work itself, charge them 3X the cost of the clean-up operations & fine the firm up to an additional $70,000 a day”

bbc.com/news/world-us-…

Thanks to immense pressure from @LeverNews @davidsirota lawmakers & the public, @USDOT & @SecretaryPete are now indicating they will seek new rules on trains & ECP brakes—pledging to more aggressively use their executive authority

We’ll see what happens

levernews.com/buttigieg-pres…