FILE – A view of the scene Friday, Feb. 24, 2023, as the cleanup continues at the site of a Norfolk Southern freight train derailment that happened on Feb. 3 in East Palestine, Ohio. Norfolk Southern alone will be responsible for paying for the cleanup after last year’s fiery train derailment in eastern Ohio, a federal judge ruled, Wednesday, March 6, 2024. (AP Photo/Matt Freed, File)

Norfolk Southern alone will be responsible for paying for the cleanup after last year’s fiery train derailment in eastern Ohio, a federal judge ruled.

The decision issued Wednesday threw out the railroad’s claim that the companies that made chemicals that spilled and owned tank cars that ruptured should share the cost of the cleanup.

An assortment of chemicals spilled and caught fire after the train derailed in East Palestine, Ohio, on Feb. 3, 2023. Three days later, officials blew open five tank cars filled with vinyl chloride because they feared those cars might explode. Residents still worry about potential health consequences from those chemicals.

The Atlanta-based railroad has said the ongoing cleanup from the derailment has already cost it more than $1.1 billion. That total continues to grow, though EPA officials have said they expect the cleanup to be finished at some point later this year.

U.S. District Judge John Adams said that ruling that other companies should share the cost might only delay the resolution of the lawsuit that the Environmental Protection Agency and state of Ohio filed against Norfolk Southern. He also said the railroad didn’t show that the derailment was caused by anything the other companies could control.

“The court notes that such arguments amongst potential co-defendants does not best serve the incredibly pressing nature of this case and does not change the bottom line of this litigation; that the contamination and damage caused by the derailment must be remediated,” Adams wrote.

Norfolk Southern declined to comment on Adams’ ruling.

The railroad had argued that companies like Oxy Vinyls that made the vinyl chloride and rail car owner GATX should share the responsibility for the damage.

The National Transportation Safety Board has said the crash was likely caused by an overheating bearing on a car carrying plastic pellets that caused the train to careen off the tracks. The railroad’s sensors spotted the bearing starting to heat up in the miles before the derailment, but it didn’t reach a critical temperature and trigger an alarm until just before the derailment. That left the crew scant time to stop the train.

GATX said the ruling confirms what it had argued in court that the railroad is responsible.

“We have said from the start that these claims were baseless. Norfolk Southern is responsible for the safe transportation of all cars and commodities on its rail lines and its repeated attempts to deflect liability and avoid responsibility for damages should be rejected,” GATX said in a statement.

Oxy Vinyls declined to comment on the ruling Thursday.

The chemical and rail car companies remain defendants in a class-action lawsuit filed by East Palestine residents, so they still may eventually be held partly responsible for the derailment.

HARRISBURG, March 7 – The Pennsylvania House Consumer Protection, Technology and Utilities Committee heard testimony Tuesday about legislation that would facilitate the use of mechanical insulation by electric distribution companies, Majority Chairman Rob Matzie announced.

Matzie said H.B. 491 clarifies that the Pennsylvania Public Utility Commission may not disapprove an EDC’s required energy efficiency and conservation plan solely because it contains mechanical insulation.

“Mechanical insulation is a key component when you’re talking about energy conservation,” Matzie said. “This is a fairly simple bill that would create an opportunity to expand the use of mechanical insulation, and we think we’re finally in a position to get it across the finish line.”

At the hearing, Jim Cassidy, business manager for the Insulators Union Local No. 2, testified that mechanical insulation – which is used to insulate pipes, equipment, machinery and industrial processes – provides cost savings, prevents burns, inhibits mold growth that causes sick buildings and keeps equipment running longer.

Act 129 of 2008 requires electric distribution companies to complete an energy efficiency and conservation plan that is approved by the PUC. Although the commission does not prohibit the use of mechanical insulation, the bill’s sponsors say that several plans are still waiting for PUC approval due to inclusion of mechanical insulation and that legislation is needed to ensure that including this material does not cause plan delays or disapprovals.

Danielle Smith – Keystone State News Connection

Postal union workers from Pennsylvania will head to the nation’s capital in early May for a national rally to raise awareness about the challenges faced by the U.S. Postal Service.

The workers say staff shortages, consolidations and office closures all are affecting mail delivery. The U.S. Postal Service’s goal is 95% on-time delivery across its vast network of 167 million addresses nationwide.

Kimberly Miller, president of the American Postal Workers Union Keystone Area Local 1566, said the worker shortage means some post offices close their facilities early and see delays in processing the mail. Miller pointed out rural customers often are hardest hit.

“We are operating on minimal staffing, many customers are experiencing it at the front lines,” Miller observed. “Post Offices are trying to curtail hours instead of hiring adequate staffing. There’s always been a shortage and now it seems to get worse and worse. And the mail, there’s a real delay in getting it to your door.”

Miller noted she is not a fan of Postmaster General Louis DeJoy’s 10-year plan to move letter sorting and distribution from local offices into large, regional hubs. In 2020, DeJoy put a plan into effect known as “Delivering for America,” to minimize employee turnover by converting more part-time staff to career status.

Miller acknowledged the Postal Service is hiring, but emphasized the issue seems to be employee retention.
Miller, who refers to career postal workers as “the craft,” suggested increasing training and treating workers with respect could also lead to improved retention.

“They did a couple of investigations on allegations of who we said, ‘Hey, look this supervisor is abusive,’ and it just got worse,” Miller recounted. “It’s so abusive that people don’t know how to talk to people. The craft fights back. It said, ‘Hey, treat me with dignity and respect. Talk to me like an adult.'”

She stressed the importance of Pennsylvanians working with lawmakers to require the Postal Service to return its service standards to what they were five years ago, requiring local delivery of mail within one to two days.

AAA and HAAS Alert, an industry leader in mobility safety solutions, are rolling out new  technology that can automatically send alerts to drivers in Pennsylvania to slow down  and move over when they are approaching a stranded motorist on the side of the road.  This new digital alert feature adds a layer of protection for AAA members and tow  operators. A recent study from the AAA Foundation for Traffic Safety reveals the  number of roadside assistance providers struck and killed while working on the side of  the road is four times higher than what is reported. 

Now in select areas, including Pennsylvania, when a AAA member requests roadside  assistance and they are in an unsafe location, such as the side of the highway or  blocking traffic, their location will automatically be displayed to other drivers in Waze,  Apple Maps, and newer Stellantis vehicles* through HAAS Alert’s Safety Cloud® platform. Once the AAA technician arrives on scene, the alert will automatically update  to notify approaching drivers of the tow vehicle, giving them critical additional time to  safely slow down or move over. 

“Too often, the lives of our members stranded at roadside and our heroic tow  technicians who come to their rescue are put in unnecessary danger by inattentive and  risky drivers,” said Nannalee Haywood, AAA Vice President of Automotive Services. “By  automatically alerting nearby drivers to the location of an emergency roadside 

* 2018 model year and newer Jeep®, Dodge, RAM, and Chrysler vehicles in North America. 

assistance call in real time, we can reduce the likelihood that drivers are caught off guard when approaching a tow truck on the side of the road.” 

Safety Cloud is currently active in more than 3,300 fleets and agencies nationwide and  alerted an estimated 72.8 million drivers in 2023. Studies have found driver advanced  warning systems, like digital alerting, reduce the likelihood of a collision by up to  90% and reduce hard braking near roadway incidents by 80%. 

“We are thrilled to launch this lifesaving integration with AAA, which marks the first time  that digital alerts will be used in the field to protect disabled motorists as well as the  technicians that service them,” said Cory Hohs, CEO of HAAS Alert. “It’s an honor to  work in partnership with an organization that has led the nation in roadway safety for  over a century, and we know that this joint effort will save lives.” 

Safety Cloud alerts automatically appear in Waze, Apple Maps, and newer Stellantis  vehicles including 2018-and-newer Jeep®, Dodge, RAM, and Chrysler vehicles. Drivers  using these vehicles and platforms do not have to change any settings to receive  roadway safety alerts automatically. 

Examining Characteristics of Fatal Roadside Worker Crashes 

Struck and killed – nearly four times more than reported. It’s the chilling reality for  roadside assistance providers, including tow truck drivers, mobile mechanics,  emergency roadside technicians, and safety service patrols who put themselves at risk  every day to help others. A new study from the AAA Foundation for Traffic Safety  reveals a disturbing picture of the dangers faced by those working on the side of the  road, and the numbers may be getting worse. 

AAA Foundation researchers combed through diverse information sources and  uncovered 123 roadside assistance providers killed by passing vehicles between 2015  and 2021. This grim figure dwarfs the approximate 34 noted in national crash data. The  discrepancy is due to a persistent failure of state police crash report forms to capture  that crash victims were roadside assistance providers and were often recorded as  “pedestrians.” While yearly total traffic fatalities increased significantly over the study  period, the data suggest that roadside assistance provider fatalities increased even  more.  

Key findings involving emergency responder fatalities 

• 89% occurred at locations with speed limits of 55 miles per hour or higher, almost  all of which were on Interstates or other limited-access highways. 
• 84% occurred in crashes with no indication of precipitation nor slippery road  conditions. 
• 63% occurred during darkness, of which nearly two-thirds were at locations  without lighting.

* 2018 model year and newer Jeep®, Dodge, RAM, and Chrysler vehicles in North America. 

• 63% occurred in crashes in which the striking vehicle left the road before striking  the roadside assistance provider, the provider’s vehicle, or the disabled vehicle. 

AAA urges action on several fronts: 

• Slow down, Move Over: Reinforce these life-saving laws, reminding drivers to  give space to ANYONE (including but not limited to roadside assistance, police,  fire, EMS) working on the side of the road. Every ounce of awareness could be  the difference between life and death. 
• Shield the Vulnerable: Utilize countermeasures to prevent vehicles from striking  workers. The Foundation previously examined vehicle-mounted electronic  variable message signs and found them effective at alerting drivers to slow down  and move over. 
• Train for survival: Teach roadside workers to prioritize work away from traffic and  equip them with strategies to avoid harm’s way. Training for roadside assistance  providers should emphasize the importance of not working or standing on the  traffic-facing side of the incident whenever possible and minimize time spent on  the traffic-facing side of the scene. 

About HAAS Alert 

HAAS Alert’s mission is to build lifesaving mobility solutions to make vehicles and roads  safer and smarter. Our vision is a connected, collision-free world where everyone gets  home safely. HAAS Alert makes roads and communities safer by delivering digital alerts  from emergency response, municipal and private fleets, work zones, and connected  infrastructure to nearby drivers through its vehicle communication platform. For more  information, visit www.haasalert.com. 

About AAA 

Started in 1902 by automotive enthusiasts who wanted to chart a path for better roads  in America and advocate for safe mobility, AAA has transformed into one of North  America’s largest membership organizations. Today, AAA provides roadside  assistance, travel, discounts, financial and insurance services to enhance the life  journey of 64 million members across North America, including 57 million in the United  States. To learn more about all AAA has to offer or to become a member, visit AAA.com or download the AAA Mobile app. 

FILE – A black plume rises over East Palestine, Ohio, as a result of a controlled detonation of a portion of the derailed Norfolk Southern trains, Feb. 6, 2023. Norfolk Southern announced new details Monday, Sept. 18, about its plan to compensate East Palestine residents for lost home values since the fiery derailment disrupted life in the eastern Ohio town in February. (AP Photo/Gene J. Puskar, File)

The decision to blow open five tank cars and burn the toxic chemical inside them after a freight train derailed in Eastern Ohio last year wasn’t justified, the head of the National Transportation Safety Board told Congress Wednesday. But she said the key decision-makers who feared those tank cars were going to explode three days after the crash never had the information they needed.

The vinyl chloride released that day, combined with all the other chemicals that spilled and caught fire after the derailment in East Palestine, Ohio, have left residents with lingering fears about possible long-term health consequences.

Experts from the company that made the vinyl chloride inside those tank cars, Oxy Vinyls, were telling contractors hired by Norfolk Southern railroad that they believed that no dangerous chemical reaction was happening, NTSB Chair Jennifer Homendy said. But Oxy Vinyls was left out of the command center.

“They informed them that polymerization, they believed polymerization was not occurring, and there was no justification to do a vent and burn,” Homendy said. “There was another option: let it cool down.”

However, that information was never relayed to Ohio Gov. Mike DeWine and the first responders in charge, she said.

Some of this information came out at NTSB hearings last spring in East Palestine. Homendy’s comments Wednesday were the clearest yet that the controversial vent-and-burn action wasn’t needed. But the agency won’t release its final report on what caused the Feb. 3, 2023, derailment until it holds another hearing this June.

DeWine’s spokesperson Dan Tierney said it’s frustrating to hear now — more than a year after the derailment — that it wasn’t necessary to blow open those tank cars.

“The only two scenarios that were ever brought up were a catastrophic explosion occurring, where shrapnel would be thrust in all directions to a one mile radius or averting that through a controlled vent and burn,” Tierney said. “Nobody ever brought up a scenario where if you just did nothing, it wouldn’t explode.”

East Palestine Fire Chief Keith Drabick has said the consensus in the command center was that releasing and burning the chemicals was the “least bad option.”

But Homendy said they never heard Oxy Vinyls’ opinion that the vinyl chloride was stable. Instead, the decision-makers relied on contractors who were alarmed by the limited temperature readings they were able to get, combined with the violent way one of the tank cars released vinyl chloride with a roar from a pressure release valve after hours of calm. Drew McCarty with Specialized Professional Services testified last spring that the tank car “frankly scared the hell out of us.”

Republican Sen. JD Vance, who questioned Homendy at Wednesday’s hearing, said he wasn’t trying to criticize Drabick, DeWine and the other officials who made the decision.

“I think it’s a criticism of the people on the ground who provided inadequate information — and provided inadequate information, I think, to the great detriment of the community on the ground,” Vance said. “This is extraordinary work by your team, but this is a really, really troubling set of circumstances.”

Norfolk Southern defended the decision again Wednesday and said the plan had nothing to do with trying to get the trains moving again more quickly.

“The top priority of everyone involved was the safety of the community, as well as limiting the impact of the incident,” the railroad said. “The successful controlled release prevented a potentially catastrophic uncontrolled explosion.”

Krissy Ferguson, 49, has not been able to return to her home that sits on top of one of the creeks that was contaminated since the derailment. She said she was heartbroken to hear the latest updates from the NTSB.

“Is our government going to allow a corporation to get away with it or are they going to act on it? Or is it going to be swept down the polluted creek like everything else is?” Ferguson said.

Misti Allison, who lives with her family about a mile away from the derailment site, said the findings reaffirm what she believed to be true all along: that the vent and burn did not need to happen.

“The only justification was greed, and that Norfolk Southern was putting profits over people to get the train tracks up and running as fast as possible and to destroy whatever evidence was left,” Allison said.

And most questions about the potential long-term health effects remain unanswered.

“We need to make sure that health care is available to everybody, not just those who want to participate in a study,” she said.

The NTSB has said that it appears an overheating bearing on one of the railcars caused the derailment. Several trackside detectors spotted the bearing starting to heat up for miles beforehand, but the temperature didn’t reach a high enough level to trigger an alarm until right before the crash. That meant the crew didn’t have an opportunity to stop the train.

Many residents of East Palestine are eager to move forward once the cleanup of the derailment wraps up later this year, but some are still experiencing respiratory problems, rashes and other health concerns.

Norfolk Southern has said that its response to the disaster and the aid it has offered the town has cost it more than $1.1 billion. Now an investor group that’s critical of the railroad’s response and the disappointing profits it has reported over the past several years is pushing to fire CEO Alan Shaw and take control of the railroad.

___

Associated Press writer Patrick Orsagos contributed to this report from Columbus, Ohio.

Pittsburgh, PA – PennDOT District 11 is announcing a lane restriction on northbound I-79 in Kennedy and Robinson townships in Allegheny County will occur Thursday, March 7 weather permitting.

There will be a lane restriction on northbound I-79 from the Route 60 Crafton/Moon Run (Exit 60) off-ramp continuing approximately one-half mile past the on-ramp from Route 60 to northbound I-79 from 9 a.m. to 3 p.m. on Thursday, March 7 to allow crews to conduct prepatory work for the anticipated crossover. This work is weather dependent and if not completed on Thursday, work will occur from 9 a.m. to 3 p.m. Friday, March 8.

This work is part of the $43.9 million I-79 “S-Bend” Project that includes full-depth pavement reconstruction, bridge preservation work on five mainline structures (I-79 northbound and southbound over Clever Road, I-79 northbound and southbound over Route 51, and the Neville Island Bridge). Additionally, there will be milling and paving of three ramps at the Route 51 (Coraopolis/McKees Rocks) interchange. The project also includes guiderail replacement, highway lighting and signing upgrades, new pavement markings and delineation, and other miscellaneous construction work.

Motorists can check conditions on more than 40,000 roadway miles by visiting www.511PA.com. 511PA, which is free and available 24 hours a day, provides traffic delay warnings, weather forecasts, traffic speed information and access to more than 1,000 traffic cameras.

511PA is also available through a smartphone application for iPhone and Android devices, by calling 5-1-1, or by following regional X alerts accessible on the 511PA website.

Story by Sandy Giordano – Beaver County Radio. Published March 7, 2024 10:23 A.M.

(Aliquippa, Pa) Jordan Bazemore and Anjani Williams were promoted to full time street department laborers based on Street department superintendent Lawrence Reddick. The men’s statuses changed on  Friday, March 1, 2024.

Washington, D.C. – Today, U.S. Senator Bob Casey (D-PA) introduced the Showing Up for Students Act, which provides $280 million in additional funding for the Office for Civil Rights (OCR) at the U.S. Department of Education. The OCR is the office responsible for protecting the civil rights of students in American schools, including from incidents related to antisemitism, anti-Muslim, and anti-Arab discrimination or harassment. Amidst a notable increase in reported incidents of antisemitism, anti-Muslim, and anti-Arab actions in schools across the Nation, the bill would give OCR the capacity to meet the moment and ensure students are free from harassment and discrimination.

“Every student—regardless of their race, gender, disability, or religion—deserves to go to school without facing discrimination,” said Senator Casey. “As incidents of antisemitism, anti-Muslim, and anti-Arab harassment increase in schools rise across the Nation, Congress has an obligation to act. We must provide the Office for Civil Rights the resources it needs to keep our students safe from discrimination and hate.”

The Showing Up for Students Act would provide the Office for Civil Rights with the funds it needs to protect students from harassment and discrimination. This effort follows a disturbing rise in incidents involving antisemitic, anti-Muslim, and anti-Arab harassment, vandalism, and assault on school campuses. According to data from the U.S. Department of Education, between October 1, 2023 and February 15, 2024, OCR received 219 complaints involving Title VI shared ancestry investigations, the category under which complaints relating to antisemitism, anti-Muslim, and anti-Arab discrimination are classified. This is a staggering increase of a 1,360 percent in the number of complaints compared to the same time period the year before. The surge in complaints must be met by an increase in resources for OCR.

For years, funding for OCR has not kept up with the trending increase in need for their services. Through OCR, students can file a complaint against their school for failure of the administration to prevent or respond to a violation or incident. OCR will then investigate the student’s complaint, make a determination of wrongdoing against the school, and potentially levy consequences against the school administration. Senator Casey’s Showing Up for Students Act will ensure OCR finally has the funding to respond appropriately to these cases, hire additional staff, resolve cases in a timelier manner, and increase capacity to help schools proactively prevent the discrimination and harassment of students.

The Showing Up for Students Act is cosponsored by U.S. Senators Jacky Rosen (D-NV), Kirsten Gillibrand (D-NY), John Fetterman (D-PA), Bernie Sanders (D-VT), Laphonza Butler (D-CA), and Tim Kaine (D-VA).

WASHINGTON, D.C. — Today, Congressman Chris Deluzio (PA-17) announced that his constituent guest to join him at President Joe Biden’s 2024 State of the Union is Mike Carreon, Chairman of the Board of Supervisors for Darlington Township, Beaver County, PA. Darlington Township is just over the state line from East Palestine, Ohio, and was one of the communities impacted by the Norfolk Southern train derailment in February 2023. With the toxic fireball in plain sight, dozens of Darlington households were told to evacuate, and the community was left with fear and uncertainty around their health, livelihoods, and well-being after the derailment.

Supervisor Mike Carreon lives with his wife Kelly and their two children on their 400-acre family farm. Their children are the fifth generation to live on the farm, where they currently raise beef cattle and crop. Supervisor Carreon is also a truck driver and hauls steel out of Pittsburgh as his day job. He ran for Township Supervisor in 2022 and was elected to serve as Chairman of the Board of Supervisors after his first year. A photo of Supervisor Carreon is available here.

“It is an honor to host Supervisor Mike Carreon down here in Washington for this year’s State of the Union Address,” said Rep. Chris Deluzio. “I hope his visit to the United States Capitol will bring back needed attention to the Norfolk Southern derailment’s impact on Western Pennsylvanians and the urgent need for rail safety reform. Congress must take action and pass my bill, the Railway Safety Act.”

“The people of Darlington Township were hit hard by the Norfolk Southern train derailment last year, and a lot of our residents were and remain concerned for their health and safety,” said Supervisor Mike Carreon. “Many small towns across America share their space with the railroads, and safety should always be a top priority. More than a year after the derailment, industry lobbyists are hard at work trying to block efforts to make rail safer. We can’t let that happen. I am grateful for the chance to attend the State of the Union with Congressman Deluzio to share the story of my community of Darlington Township and to continue to try and pass the Railway Safety Act.”

Monaca, PA – The Community College of Beaver County (CCBC) has been named a recipient of the 2023  Campus Prevention Network (CPN) Seal of Prevention. Presented by Vector Solutions, the CPN Seal of  Prevention is awarded to institutions of higher education that have demonstrated leadership in digital  prevention programming focused on student safety, well-being, and inclusion. 

“Each year, CCBC requires all faculty, staff, and administrators to complete prevention courses offered  by Vector Solutions,” said Sally Mercer, vice president of human resources. “Employees are assigned  Title IX, Sexual Harassment, HIPPA, and FERPA training to ensure they understand the concepts and can  act appropriately.” 

Students are also required to complete Title IX training to recognize, report, and react to potential  situations. This program empowers students by providing knowledge and resources to help them if they  find themselves in a difficult position. 

“The prevention programming we do with Vector Solutions benefits the campus as a whole,” said  Brittney Golden, dean of students. “They keep our faculty, staff, and administrators up to date on the  ever-changing dynamics of education and help us create a campus environment that is warm,  welcoming, and inclusive.” 

Each recipient of the CPN Seal of Prevention has taken action to create a safer, more inclusive campus  through comprehensive, evidence-based digital prevention education on issues such as sexual assault,  alcohol misuse, mental health, and discrimination. The CPN Seal of Prevention establishes guidelines for  discerning quality online prevention education and implementation practices and positions prevention  as central to institutional outcomes.