Ohio train derailment: EPA warns states against blocking hazardous waste shipments

TThe Environmental Protection Agency informed states that they could not block hazardous waste shipments from East Palestine, Ohio train derailment site. This put an end to a growing number state leaders and federally-licensed disposal sites that refuse to take the contaminated materials.

Any state which blocks the shipment “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,” Friday’s remarks by Michael Regan, Administrator of the EPA, indicated that any interference with hazardous waste movement into or through another country raises concerns about a Commerce Clause infringement.

OHIO SUES NORFOLK SOUTHERN OVER THE EAST PALESTINE DERAILMENT

As a growing number states refuse to accept the contaminated material from East Palestine, the warning comes at a time when tons of hazardous materials have been left in piles around the site of the train derailment six weeks later.

This week, the Oklahoma Gov. Kevin Stitt stopped a shipment of contaminated East Palestine soil from being shipped to Oklahoma’s waste disposal facilities.

He shared his decision via Twitter, noting: “There are too many unanswered questions and ultimately I made the decision that this is not in the best interest of Oklahomans.”

Late last month, Michigan and Texas officials also complained about the shipment of contaminated soil to their states by East Palestine.

They claimed that they were not made aware of the hazardous materials being shipped to Oklahoma. The EPA has since intervened to provide oversight and approval for Norfolk Southern’s waste disposal plans.

After Indiana was chosen as a disposal location this month, Senator Mike Braun (R.IN) expressed concern about the decision and noted in a letter addressed to the EPA, that Indiana’s facility is further than the one in Michigan.

218 hazardous waste management units are found in the U.S., which receive routinely out-of-state contaminated materials.

Regan said Friday that the federal hazardous material management system is overseen by the EPA. It was designed to ensure safe transport and disposal at hazardous sites.

“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 spoke to 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), expressed frustration with the speed of clean-up efforts this past 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 stated Monday that he would “continue to raise hell” About the facilities and states that refuse East Palestine waste.

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The Norfolk Southern freight train carrying at least five hazardous substances was derailing and caught fire last month. It spewed toxic chemicals into the air and water and soil around it, forcing officials to call for a controlled burning to prevent 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 spoke on Friday.