One Friday evening in October 2006, a Norfolk Southern railcar loaded with ethanol was making its way from Illinois to New Jersey when it came to a bridge in New Brighton, Pa. Disaster struck the eastbound train, and 23 cars derailed spilling thousands of gallons of ethanol. Several of the cars fell into the Beaver River as local officials organized an evacuation of a seven-block radius. The derailment of approximately 20 cars caused an ignition of thousands of gallons of ethanol, resulting in a fire that burned for 48 hours before firefighters were able to extinguish the flames. Last month, the National Transportation Safety Board determined that the probable cause for the 2006 derailment was Norfolk Southern’s "inadequate rail inspection and maintenance program that resulted in a rail fracture from an undetected internal defect."
"Because Norfolk Southern did not have an adequate rail inspection and maintenance program, they put the public, crew and environment at risk," concluded board chairman Mark Rosenker in a May 13 written statement announcing the decision. "This accident illustrates the importance of having a comprehensive rail inspection and maintenance program that will account for factors such as rail head wear and loss of signal during internal testing."
Here in Alexandria, West End residents are fearful that they could soon experience their own New Brighton disaster. Last month Norfolk Southern transformed an old truck transferring operation into an ethanol loading facility, currently operating 16 trucks a day for five days a week. Members of the Alexandria City Council didn’t find out about the "transloading facility" until it had already been operational for more than a month, and City Manager Jim Hartmann took full responsibility for the delay by explaining he wanted to fully understand the situation before presenting council with a recommendation. Meanwhile, Norfolk Southern officials admitted they knew the city didn’t have the resources to fight a potential fire there during the first seven weeks of operation.
"This could happen to any community in the United States," said West End resident Mindy Lyle, noting recent federal mandates to increase the use of ethanol production.
LYLE WAS ONE of a handful of outraged residents and elected officials who staged a protest outside the ethanol transloading station earlier this week. The protest came even as charges and counter charges were flying between city officials and Norfolk Southern. The first volly was fired by the city on June 16, when City Attorney Ignacio Pessoa filed a petition with the Surface Transportation Board seeking a declaratory order that would subject the transloading facility to the city’s special-use permitting process. Because the site is operated by a contractor, Pessoa will argue to federal regulators, Norfolk Southern cannot claim immunity under federal laws protecting railroads.
"They seem to think they have some kind of grant that goes back to Abraham Lincoln," said Vice Mayor Del Pepper during the Monday afternoon protest.
The day after the city filed its petition with federal regulators, Norfolk Southern sued the city in federal court. Their civil lawsuit questions the city’s authority to issue a "haul route permit" that limits the hours of operation at the facility and the number of trucks that can use the city’s roads. Railroad officials will argue that the city’s authority to issue such a permit is preempted by federal law. City officials countered this week that the haul-route permit was issued to protect public safety, which they have an obligation to protect.
"Unlike every other business in the city, Norfolk Southern seeks unfettered discretion to select its truck routes, and the ability to expand its operation to a 24/7 schedule with no regulation by the city," wrote Pessoa in a June 23 letter to City Council members. "The city will vigorously defend our ordinance and permit requirements, and seek an order from the court forcing Norfolk Southern to comply with the law."
AS THE CLAIMS and counterclaims work their way through various federal agencies, Sen. John Warner (R-Va.) and U.S. Rep. Jim Moran (D-8) have requested a formal threat assessment from the Department of Homeland Security. In a June 20 letter to Secretary Michael Chertoff, they said it was important for federal, state and local governments to "thoroughly understand the risks associated with such facilities." They requested prompt action to determine the specific threats an ethanol offloading facility would pose.
"We request that you proceed expeditiously on this threat analysis, particularly given the vast quantities of ethanol that are being transferred in this community," Warner and Moran wrote in the June 20 letter to Chertoff. "It is our hope that your analysis includes a determination as to whether there is sufficient coordination between Norfolk Southern and Tucker Elementary School, the adjacent community, and the respective public safety agencies and responders of the city of Alexandria."
Meanwhile, members of the City Council formed an eight-member "monitoring group" Tuesday night to oversee ongoing developments in the efforts to shut down Norfolk Southern’s operation in the West End. Members of the monitoring group will include representatives from Cameron Station and Summers Grove, the two neighborhoods that are closest to the transloading operation. The group will also include a member from Alexandria City Public Schools, which is responsible for hundreds of children who will head off for their first day of school at Tucker on July 28.
"This community group is essential for discussing and monitoring activities at the Norfolk Southern facility," said Mayor Bill Euille in a written statement announcing the formation of the group. "This operation presents a serious threat to our residents, businesses and the people who travel our streets and the nearby highways and the city will do everything that can be done to shut this facility down."




