5 things to watch at the Senate’s first East Palestine hearing

The Senate Environment and Public Works Committee is set to hold its first hearing Thursday on the Feb. 3 derailment of a Norfolk Southern-operated train in East Palestine, Ohio, that led to the release of toxic chemicals.  

Here are five things to watch for in the hearing.   

Expect both Republican and Democratic members to grill Norfolk Southern CEO Alan Shaw   

Despite policy differences on energy and climate issues, members of Congress have been largely united in calling for Norfolk Southern, the railroad that operated the derailed train, to be held accountable for the cleanup process and any health risks to local residents. CEO Alan Shaw is set to testify Thursday alongside local and state environmental protection officials.   

“This is not a Republican or Democratic issue, this is about getting answers and this is about restoring trust,” Chairman Tom Carper (D-Del.) said Wednesday on a call with reporters. Carper expressed optimism about bipartisan cooperation ondemanding accountability for the railroad, noting his previous work with Ranking Member Shelley Moore Capito (R-W.V.) on the bipartisan infrastructure law.   

The Environmental Protection Agency (EPA) has already invoked the Comprehensive Environmental Response, Compensation, and Liability Act, or Superfund law, to hold Norfolk Southern fully financially responsible for the cleanup. Capito said the panel plans to question Shaw on the decision to implement a controlled burn of the hazardous substances in the derailed cars, which first responders have said was to head off the risk of an explosion. While federal and local officials have declared the air and the water in the area safe, locals have continued to express concerns about the possible environmental hazards due to runoff following the burn. 

The panel’s assessment of the federal EPA response is likely to be a more partisan issue   

In addition to Shaw, scheduled witnesses include U.S. EPA Region V Administrator Debra Shore, Ohio EPA Director Anne Vogel and Eric Brewer, chief of hazardous materials response for the Beaver Country Department of Emergency Services.   

“We’re going to be investigating the environmental and public health and safety impacts of what happened… and we’re going to look at local, state and federal response and we’re going to examine the ongoing effort to protect” residents, Capito said on the call. That will include examining “what went right here in the response and where can we do better and what can we do better?”   

Capito signaled she will take a harder line in questioning environmental officials Thursday, saying, “I think the EPA has failed on the risk communication… there was confusion, there was delayed data and a sense that nobody really cared.” In contrast, she credited the state EPA for being “on the ground immediately.”   

Carper defended federal officials on the call, noting the U.S. EPA deployed support personnel “within hours” and EPA Administrator Michael Regan’s multiple visits.   

Congressional Republicans have sharply criticized both President Biden and Transportation Secretary Pete Buttigieg on the response to the crash, while Democrats have pointed to deregulation of the rail sector that occurred under the Trump administration.  

Pressure will likely increase for President Biden to visit East Palestine   

Administration officials have visited the town since the derailment, including Regan and Buttigieg, but there are currently no plans for Biden to visit. The matter is likely to come up in the hearing as pressure mounts, and Carper told reporters “my understanding is that he hopes and plans to in the not-too-distant future.”   

However, Carper added, “I think the most appropriate person in the administration to be there to actually make a difference and has real responsibility is the administrator of the EPA, who’s been there repeatedly … my understanding is the president plans to come as well and I would certainly encourage him to do that.”   

Capito added that “I wish the president had already been there.”   

“In crises such as this, people want to know at the highest levels that you care, and [there’s] nothing like a visit to be a great example of that,” she added. “I know the president probably understands that and I hope he does come to greet that community.”   

The president has vowed to visit the town “at some point,” but has faced criticism for not doing so yet. East Palestine Mayor Trent Conaway called Biden’s visit to Ukraine amid the aftermath of the crash in late February a “slap in the face,” saying it showed that “right now, he doesn’t care about us.” Buttigieg visited the town amid intensifying criticism of the administration’s response.  

Look for bipartisan railroad safety reform legislation to be front and center   

The hearing is scheduled to include a panel comprising Sens. J.D. Vance (R-Ohio), Sherrod Brown (D-Ohio) and Bob Casey (D-Pa.), co-sponsors of legislation to reform railroad safety regulations and bring certain matters regulated by railroads under federal jurisdiction.   

“I would expect that this is going to have a much longer story, and a lot of it will be based on what the [National Transportation Safety Board] report says and how they look at the safety culture,” Capito said, referencing a report the national safety body is expected to release in the months ahead. “There is a rail safety bill that’s already been introduced, and I think it’s probably a good starting point but it needs to go through the committee process,” she added, necessitating further hearings in the meantime.   

Carper called the Biden-endorsed bill “a real step forward” and said hearings on it should commence soon. The chairman further expressed hope that “we can send something to the president, not just something that he will sign, but something that will make a real difference in the future to reduce the likelihood of disasters like this.”    

Despite the bipartisan backing, it’s unclear whether the bill has the votes to clear the Republican-controlled House or the Senate. Senate Minority Whip John Thune (R-S.D.) did not outright decline to support the bill but suggested this week that he preferred a slower approach. “Let’s define the problem. Let’s figure out what the solutions are and if there are things we need to fix, we’ll fix them,” Thune said Monday.  

It’s likely the first of many hearings, in the EPW committee and others  

Thursday’s hearing will be the first in any congressional committee on the derailment since it occurred in February, but Capito and Carper indicated it was unlikely to be the last.  

“I know there will be other hearings and I know there will be different aspects of this incident that will be looked at,” Capito told reporters, “but I’m proud of the EPW Committee for being the first one to investigate not just what’s going on now but what will be going on in the future.”   

Capito is also a member of the Senate Commerce Committee and suggested that future hearings could happen under both committees, with Regan and Buttigieg as possible future witnesses. She signaled that gaps in communication around the disaster would likely be a recurring theme in future hearings.    

“There will probably be ongoing legislation, but first we have to find out what happened, where the responses were good, where they were lacking,” she said. “I don’t think this is a one-and-done issue,” she added, noting that Regan “has always been ready and willing to come before our committee and I expect he would be again.”