Clean Water Act Administrative Order and Directives
On October 18, 2023, EPA ordered Norfolk Southern to conduct additional cleanup and sheen investigations focused on oily sheens and sediments in Sulphur Run and Leslie Run creeks in East Palestine, Ohio, and surrounding areas. This order under EPA’s Clean Water Act authority will build on the assessment and cleanup work already conducted in the creeks over the last several months and represents a progression of response actions at the site based on data collected and analyzed. Work done under this order will determine if more cleanup is necessary to ensure any potential long-term impacts are addressed.
In February, EPA issued a Superfund unilateral administrative order requiring Norfolk Southern to remove spilled substances and impacted soils from the derailment site. This new order will require a similarly comprehensive investigation of oil-contaminated sediments in the creeks. The order was issued under authorities of the Clean Water Act, which EPA uses to conduct and enforce cleanups when oil is spilled into surface waters.
Surface water data have been collected regularly since the derailment. While data indicate that surface water is no longer significantly impacted, disturbance of stream sediments can still result in the appearance of oily sheen at the water surface. Weekly surface water sampling and visual surface water inspections will continue. This order will lead to a better, more complete understanding of where sediments are contaminated and will assist in evaluating how to address any remaining contamination in the creeks. Drinking water is not covered by the order as there is no indication of risk to East Palestine public water customers or private wells. Treated drinking water shows no detection of contaminants associated with the derailment.
The sheen investigation will be conducted along a roughly 5-mile length extending along impacted areas of both creeks. The order requires using a sediment agitation technique every 25 feet down the creeks to map where sheening occurs. Documenting observed sheen and sediment sampling will also be required to understand what contamination remains in the creeks.
In addition, the creek cleanup will be conducted in several culverts spanning approximately 1,200 feet to remove impacted sediment in Sulphur Run downstream of the derailment site.
This order builds on the assessment and cleanup work already conducted in the creeks. Over the last several months, work plans covering surface water bodies (Sulphur Run, Leslie Run and downstream creeks) were prepared and implemented by Norfolk Southern under EPA’s Superfund unilateral administrative order. Earlier in the response cleanup crews addressed contamination in Sulphur Run and Leslie Run. Work performed included:
- Surface water aeration to more rapidly reduce levels of volatile organic compounds in the creek and allow aquatic life to restore more quickly.
- Sediment washing to bring recoverable contamination to the surface for collection.
- Sewer flushing to remove contaminants and sediment buildup.
- Qualitative assessments where sediments were intentionally agitated to produce sheen.
- Sheen and sediment sample collections for analysis of contaminants to better understand the contamination profile in the creeks.