Ohio train derailment: EPA warns states against blocking hazardous waste shipments
Breanne Deppisch
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The Environmental Protection Agency notified states on Friday that they cannot block shipments of hazardous waste from the East Palestine, Ohio, train derailment site, putting on notice a growing number of state leaders and federally licensed disposal sites that have refused to accept the contaminated materials.
Any state that is blocking the shipments “may be impeding Norfolk Southern in its ability to comply with its obligations under CERCLA, [the Comprehensive Environmental Response, Compensation, and Liability Act], as well as EPA’s order to Norfolk Southern, which is unlawful,” EPA Administrator Michael Regan said Friday, noting that any interference with the movement of hazardous waste into or through another state raises concerns of a Commerce Clause violation.
OHIO SUES NORFOLK SOUTHERN OVER EAST PALESTINE DERAILMENT
His warning comes as a growing number of states have refused to accept the contaminated waste from East Palestine, leaving tons of hazardous materials sitting in piles in and around the derailment site six weeks after the train derailed.
Earlier this week, Oklahoma Gov. Kevin Stitt blocked a shipment of contaminated soil from East Palestine from being shipped to a waste disposal facility in his state.
He detailed his decision on Twitter, noting, “There are too many unanswered questions and ultimately I made the decision that this is not in the best interest of Oklahomans.”
Officials in Texas and Michigan also complained late last month about contaminated soil and water being shipped to their states from East Palestine.
Unlike Oklahoma, they said they had not been made aware that the hazardous materials were being shipped there, and the EPA has since stepped in to provide federal oversight and approval for Norfolk Southern’s waste disposal plans.
And after Indiana was selected as a disposal site this month, Sen. Mike Braun (R-IN) complained about the decision, noting in a letter to the EPA that Indiana’s facility is farther than the one in Michigan.
The U.S. is home to 218 hazardous waste management facilities, all of which routinely receive out-of-state contaminated materials.
The EPA also oversees the federal hazardous waste management system, which is specifically designed to handle the safe transport and disposal of hazardous materials at these sites, Regan noted Friday.
“We’ve been abundantly clear with our state partners that waste from East Palestine has been subjected to more testing, more analysis, and with more regulation than many other similar waste accepted at facilities nationwide,” Regan told reporters. “All states that have appropriate and available facilities must allow access to those facilities for waste treatment and disposal from the site.”
Ohio Gov. Mike DeWine (R) cited frustrations with the pace of clean-up efforts this week. He noted while 3,100 tons of contaminated soil has been cleared from the derailment site, nearly 26,000 tons of contaminated soil and water remains — much of it sitting in piles nearby as officials struggle to find states willing to accept it.
DeWine said Monday he will “continue to raise hell” about the states and facilities that have refused to accept waste from East Palestine.
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The Norfolk Southern freight train was carrying at least five hazardous materials when it derailed and caught fire last month, spilling the toxic chemicals into the air, water, and soil nearby and forcing officials to order a controlled burn to avoid an explosion.
“There was nothing special or out of the ordinary about this waste, other than the fact that it’s coming from a town that has suffered deeply in the wake of a horrible trauma,” Regan said on Friday.