Open Chemical Burn in East Palestine Violated EPA Rules
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March 07, 2024
“It’s inconceivable that there wouldn’t have been someone from the enforcement office, or general counsel, saying, ‘Oh, Norfolk Southern wants to do an uncontrolled burn—that’s illegal, you cannot do that,” said a former EPA official.
A day after the head of the National Transportation Safety Board told Congress that the deliberate burning of toxic chemicals in five crashed train cars in East Palestine, Ohio last year was unnecessary, a former Environmental Protection Agency official said the so-called “controlled burn” also likely went against EPA regulations.
Kevin Garrahan, who worked for the agency for 40 years and focused on environmental risk assessment and hazardous waste cleanup, toldHuffPost that soon after a Norfolk Southern train derailed in the town of 4,700 people, he alerted a former EPA colleague to a 2022 memo on the open burning and open detonation of waste explosives.
The memo described when local EPA officials can issue permits for the pre-planned combustion of waste explosives, and said the open burning of hazardous waste should be a last resort.
Because the EPA determined in 1987 that “open burning of nonexplosive waste could not be conducted in a manner that was protective of human health and the environment,” the memo says, the method “is generally the least environmentally preferred treatment technology and, consistent with existing requirements, should only be available where there are no safe modes of treatment.”
Considering laws banning the open burning of chemicals and the EPA’s knowledge of the danger that was spelled out in the memo, the decision to allow emergency crews to blast holes in five train cars, drain the toxic vinyl chloride they were carrying into pits, and set the chemicals on fire seemed “incredibly stupid and reckless,” Garrahan wrote to his colleague.
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