EPA guidance from 2022 expressly prohibits open detonation, dump & burn operations
By Eric F. Coppolino
EPA violated its own rules when it allowed the dumping and burning of 125,000 gallons of vinyl chloride monomer (VCM) in East Palestine on Feb. 6, 2023. Public officials claim that doing this was preferable to risking an explosion — a potential scenario that itself has not been challenged thoroughly enough.
A June 7, 2022 guidance memo from EPA interpreting federal regulations and bans the open detonation/open burning of toxins.
Let me say this again. EPA violated its own rules and committed crimes when it authorized the dumping and open burning of 125,000 gallons of vinyl chloride monomer (VCM). My source is a former official in EPA’s enforcement division.
Public officials are so shameless that they have tried to pin responsibility for the dump and burn operation on the local fire chief. A proper recovery operation was initiated the night of the derailment, but was called off, according to a source close to the railroad industry.
Read the rules for yourself:

My source just followed up and wrote to me:
“I read the June 7, 2022 policy directive in more detail and am even more convinced that it is the key to demonstrating that the East Palestine disaster was an egregious environmental crime. I’m surprised that it was still on the EPA website a month ago when I discovered it. I wouldn’t be surprised if it disappears as soon as they realize that the public knows of its existence. It really is damning evidence.”
Please download and preserve your copy.
EPA’s National Contingency Plan Gives it Jurisdiction
EPA’s Incident Command Structure (ICS) is a formal process under the National Contingency Plan, Section 106. This is the regulation that gives the EPA its actual power. The rule says if there is “endangerment” via release or threatened release of toxins into the environment that may endanger human health or the environment, then EPA has jurisdiction.
The EPA had been notified Friday night Feb. 3, 2023, and their Superfund command moved immediately. I am aware from sources close to the railroad industry (sorry if that sounds cryptic, I am protecting my source) that owners of tanker trucks were notified Friday night that they had to be avaialble to cart off the chemicals, but that operation was called off before it began.