Environmental Protection Agency Administrator Michael Regan said Friday that it was “impermissible” for states to block contaminated waste from a toxic train derailment in Ohio.
“This is illegal and unacceptable,” he said, noting that there is no reason for states to block shipments of waste that certified facilities routinely handle on a daily basis.
Some states have attempted to prevent these shipments from being sent to hazardous waste sites.
Oklahoma Gov. Kevin Stitt said last week he prevented waste from the derailment from entering his state.
TRAIN CARRYING HAZARDOUS MATERIALS DERAILS IN NORTH WESTERN ARIZONA
Oklahoma Gov. Kevin Stitt listens during the Conservative Political Action Conference in Dallas, Texas on July 10, 2021. (Dylan Hollingsworth/Bloomberg via Getty Images)
The governor’s office did not immediately respond to Fox News Digital’s request for comment.
In a letter to states, the agency said the blocking of shipments likely violates federal law as well as the US Constitution’s Commerce Clause, which the EPA says limits states’ powers to stop the movement of hazardous waste.
The EPA told Norfolk Southern on Friday that it expects the rail operator to take legal action if it fails to ship the waste to certified disposal facilities.
“A state that blocks these shipments of waste may impair Norfolk Southern’s ability to comply with its obligations under CERCLA as well as the EPA’s illegal order to Norfolk Southern,” Regan told reporters, per The Hill. “We have made that clear to our government partners Waste from East Palestine has undergone more testing and analysis… than other similar waste regularly accepted at facilities nationwide.”
FILE – Then-candidate for EPA Administrator Michael Regan speaks at the Queen Theater on December 19, 2020 in Wilmington, Delaware. (Joshua Roberts/Getty Images)
CERCLA, or Comprehensive Environmental Response, Compensation, and Liability Act, provides a state “superfund” to clean up uncontrolled or abandoned hazardous waste sites, accidents, spills, and other emergency releases of pollutants and contaminants into the environment.
KENTUCKY TRAIN DERAILMENT Forces 21 railcars off track, no hazard to public
Regan also noted on Twitter on Friday that the derailment cleanup should be completed in about three months. So far, crews have removed nearly 5,500 tons of contaminated soil and 7 million gallons of sewage, according to the EPA.
“But let me be clear: @EPA has ordered Norfolk Southern to clean up the mess it has created – and no one should hinder or prevent that cleanup as we bring East Palestine back to the beautiful community residents know,” wrote he. “So I have directed my team to issue two notices: one to Norfolk Southern CEO Alan Shaw and the other to EPA co-regulators across the country. These letters remind both the company and our government partners of their legal obligations on waste management.”
Ohio EPA and EPA contractors collect soil and air samples from the derailment site in East Palestine, Ohio on March 9, 2023. (Michael Swensen/Getty Images)
“Residents of East Palestine should expect that states, private companies and the federal government will work together to carry out the quick cleanup they deserve. That is exactly what the EPA has set out to do and we will not tolerate anything less,” Regan assured.
Previously, the EPA briefly halted contaminated waste removal amid concerns about monitoring shipments to Michigan and Texas sites. Hazardous waste sites in Ohio and Indiana have also received shipments.
The Associated Press contributed to this report.
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