EPA releases legal notice letter sent to Norfolk Southern Railway Company detailing the extent of the disaster
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 5
77 WEST JACKSON BOULEVARD
CHICAGO, IL 60604-3590
February 10, 2023
REPLY TO THE ATTENTION OF:
SE-5J
VIA EMAIL AND FED EX OVERNIGHT DELIVERY
SIGNATURE REQUIRED
Norfolk Southern Railway Company
c/o Matt Gernand, Deputy General Counsel
650 West Peachtree Steet NW
Atlanta, Georgia 30308
Re: East Palestine Train Derailment Site
Norfolk Southern Rail Line, East Palestine, Columbiana County, Ohio
Site/Spill Identifier (SSID): C5XR
General Notice of Potential Liability
Dear Mr. Gernand:
The U.S. Environmental Protection Agency has documented the release or threat of release of
hazardous substances, pollutants or contaminants into the environment from the East Palestine
Train Derailment Site (the Site) located in East Palestine, Ohio (Latitude: 40.8360864 o N,
Longitude: -80.5215884o W). On February 3, 2023, at approximately 8:55 PM EST, a Norfolk
Southern train comprised of roughly 150 rail cars derailed. Approximately 20 rail cars were
listed as carrying hazardous materials. Cars containing vinyl chloride, butyl acrylate, ethylhexyl
acrylate, and ethylene glycol monobutyl ether are known to have been and continue to be
released to the air, surface soils, and surface waters
pg 2
Based on the information collected during and following the incident that occurred on February
3, 2023, at approximately 8:55 PM EST in East Palestine, Ohio, EPA believes that Norfolk
Southern may be liable under Section 107(a) of CERCLA with respect to the East Palestine
Train Derailment Site, as a current or previous owner and/or operator of the Site. To date, EPA
has taken response actions at the Site under the authority of the Superfund Program. Below is a
brief description of the actions and observations taken by EPA at the Site to date:
-
Conducted air monitoring around the scene of the incident, the surrounding community,
and residential air monitoring as part of the re-occupancy plan;
-
Conducted air and water sampling;
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Made the following observations:
a. Materials released during the incident were observed and detected in samples
from Sulphur Run, Leslie Run, Bull Creek, North Fork Little Beaver Creek, Little
Beaver Creek, and the Ohio River.
b. Materials related to the incident were observed entering storm drains.
c. Multiple rail cars and tankers were observed derailed, breached, and/or on fire,
that included but not limited to the following materials:
i. Vinyl chloride
ii. Ethylene glycol monobutyl ether
iii. Ethylhexyl acrylate
iv. Isobutylene
v. Butyl acrylate.
d. Five rail car tankers of vinyl chloride were intentionally breached; the vinyl
chloride was diverted to an excavated trench and then burned off.
e. Areas of contaminated soil and free liquids were observed and potentially covered
and/or filled during reconstruction of the rail line including portions of the trench
/burn pit that was used for the open burn off of vinyl chloride
https://epaosc.org/sites/15933/files/Norfolk%20Southern%20East%20Palestine%20Train%20Derailment%20General%20Notice%20Letter%202.10.2023.pdf
https://response.epa.gov/site/site_profile.aspx?site_id=15933