×

BACK

EPA ‘optimistic’ derailment cleanup will be complete in 3 months

EAST PALESTINE– Environmental Protection Agency Administrator Michael Regan announced Friday the agency is “optimistic” that cleanup will be complete in three months.

“At the current rate the EPA anticipates that it will take approximately three months to complete our cleanup of the site. That number can change based on site conditions, weather and access to disposal facilities, but we’re optimistic about the current trajectory,” said Regan

Six weeks after the derailment in East Palestine on Feb. 3 clean up and remediation efforts are still ongoing in East Palestine, but residents can take some comfort that a potential finish line is in sight with Regan’s announcement. Regan said that as of Thursday “nearly half of the total excavation of contaminated soil from under the tracks” has been completed and “significant progress” was being made on the removal of the remaining soil. These efforts represent the entirety of the southern area of the tracks excavated down to the clay layer, with excavation of the north section expected to be completed in early April.

Regan also addressed the removal of waste from the area, noting millions of gallons of liquid waste and thousands of tons of solid waste have already been removed.

“Approximately 6.8 million gallons of liquid waste and more than 5,400 tons of solid waste have been transported out of East Palestine to designated waste facilities,” said Regan.

Regan said that of the solid waste removed, 1,600 tons had been removed “in the last 48 hours alone” and that there were “roughly 35 trucks hauling waste out of the community this week.”

In addition to the removal of contaminated soil, testing to ensure the long-term safety of residents and lasting impact on the local environment is ongoing. Thus far 92 soil samples have been collected to help identify if contaminants such as volatile organic compounds and dioxins are present and may have been caused by the train derailment, and 616 indoor air screenings conducted thus far. There is also ongoing 24-hour, seven-day a week air monitoring at 23 stations across the community, none of which have detected vinyl chloride or hydrogen chloride thus far.

While Regan acknowledged these efforts represented “real progress,” he said the EPA also believed that Norfolk could be removing contaminated soil faster, citing concerns that “certain states are inhibiting the company’s ability to execute contracts.” This comes in the wake of recent actions by Oklahoma Gov. Kevin Stitt to block shipments of soil from East Palestine from entering to state for processing, actions Regan described as “impermissible and unacceptable.”

“Let me be clear, we ordered Norfolk Southern to clean up the mess it made, and no one should be impeding, preventing or getting in the way of cleaning up this site and returning East Palestine to the beautiful community residents know it to be,” said Regan.

Regan said that in response to actions by states to block shipments, he directed his team to issue notifications to Norfolk Southern CEO Alan Shaw and every state environmental regulation agency in the country reminding them of “their legal obligations.” Regan further said that the people injured by these attempts to block shipments are East Palestine residents, restating that the EPA’s order mandates the waste be transported to EPA approved disposal sites which are certified and equipped to safely dispose of the affected soil.

“Some states have sought to block acceptance of waste from the cleanup site, and some have even taken misinformed and misguided shots at EPA in the process, but it’s the people of East Palestine who are being hurt, and EPA will not stand for it,” said Regan.

The letter to Shaw directs the company not just to find appropriate facilities and follow proper procedure for the disposal of the contaminated soil, but to “take legal action to enforce contracts and or to obtain access to EPA-approved disposal facilities” as necessary. Regan said the letter further explains that failure of Norfolk Southern to “properly arrange for disposal at an EPA-approved disposal facility” could leave the company subject to civil penalties and damages and potentially even referral to the United State Department of Justice for judicial enforcement of the terms of the order.

Regan said the letter issued to the state agencies will “remind them that states cannot unilaterally stop shipments of out-of-state hazardous waste from East Palestine.” Regan also said that a state that blocked shipments “may be impeding Norfolk Southern’s ability to comply with its obligations under CERCLA as well as EPA’s order to Norfolk Southern, which is unlawful” and that such actions also potentially violated the commerce clause of the United State Constitution.

Regan also said enforcing their order to Norfolk Southern included not only ensuring the company contracted with approved waste disposal companies, but “insisting that waste disposal companies honor their contracts with Norfolk Southern, pursuing legal actions to force them to do so if they do not, and paying whatever it costs to protect the residents of East Palestine.”

Regan continued to argue against these attempts to prevent shipments, noting that there is no valid reason to refuse them and that beyond the fact the waste is coming from East Palestine there was nothing exceptional about it. Regan said it is essential that all states with appropriate and available facilities for processing the waste from East Palestine allow access to those facilities.

“We’ve been abundantly clear with our state partners that waste from East Palestine has been subject to more testing and more analysis, with more characterization than many other similar wastes regularly accepted at facilities nationwide. States have no basis to prevent the receipt of the out-of-state waste from East Palestine while allowing similar waste to be disposed of in their states. This is especially so where many states routinely ship their waste to other states for disposal. There is 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 trial,” said Regan.

Regan concluded by noting that the EPA’s goal is to ensure collaboration between states, private companies and the federal government to make sure the cleanup from the derailment is done quickly and safely and that residents should expect as much.

“The residents of East Palestine should expect that states, private companies and the federal government will work together to effectuate the swift cleanup they deserve. That’s exactly what EPA has set out to do, and we will not tolerate anything less,” said Regan.