East Palestine Warning: The Growing Threat From Hazardous Waste Storage

Considering the activities and risks inherent in a hazardous waste incinerator and storage facility, the notification process has been insufficient. Even when actively looking for public notices for meetings they are difficult to find and notification lists have been inadequate. In fact, on June 2, 2023, Lisa Cochran from the OEPA placed me on the notification list for the renewal and application of Ross’ permits. However, Ross modified a permit for two additional storage areas which was approved November 3, 2023, and I was never notified. When asked why, Lisa Cochran informed me that there was no public hearing or meeting for that permit modification and that I would have to contact Ross and request to be on their notification list. When Ross was contacted, Pat Lawson, VP of Corporate Compliance and Risk Management for Ross, replied in an email, “in accordance with ORC 3734.07, it is the Director of the Ohio EPA that maintains the official list, not Ross.” After forwarding that email to Ms. Cochran, the Ohio EPA has now confirmed that I am on three lists:

1. Mailing list for the Division of Environmental Response and Revitalization(DERR)
2. Ross’ Facility Mailing List
3. OEPA Interest Parties List (the first list that I was on)

However, even though Ross is in an active permit renewal process for their incinerator at this very moment, I have yet to receive any notifications from the OEPA. Also, some of these renewals do not have public comment periods at all.

Even prior to the East Palestine influx of hazardous waste, it was not unusual for the Director of the Ohio EPA to approve temporary storage exemptions for Ross.  Since about 2019, there has been a surge in containerized waste in the marketplace⁵ which fueled repeated temporary storage exemptions for Ross. The Director of the Ohio EPA has the authority to approve temporary storage capacity increases to be stored in areas not permitted to store hazardous waste as long as it’s unlikely to adversely affect public health or safety or the environment.⁶ Note that the term “unlikely” is being used in a risk assessment for protecting our health and environment.  In addition, Ross’ containerized storage volume for hazardous waste has increased over time on their same 83 acre parcel of property. There has been a 212,960 gallons of hazardous waste permanent storage volume increase since 2019.  Note that March 6, 2019, Director’s Final Findings and Orders⁷ indicate that the maximum container storage capacity for Ross is 851,840 gallons of hazardous waste; Nov. 3, 2023, permit storage modification cites 1,064,800 gallons.⁸ Just how safe is this amassing of hazardous waste in one location?

Ross is required to have an Emergency Contingency Plan,⁹ which they do.  However, another layer of protection is Lorain County Emergency Management and Homeland Security. In discussions with its Director, Dave Freeman, the hazardous waste that Ross receives is considered “transient” in nature and, as such, is not part of their Emergency Preparedness Plan. They are only aware of the inventory for items used in the incineration process such as hydrogen sulfide which are stored on-site. Since Ross is considered to be in compliance with Emergency Management, we are concerned that the “transient” hazardous waste inventory is not kept to a minimum for what is needed for the disposal queue, but rather a way to store hazardous waste for up to a year on-site in a more permanent manner without the requirement for the Emergency Preparedness Plan to consider it as such.