By JOSH FUNK (Associated Press)
Last year’s train derailment in eastern Ohio doesn’t meet the requirements for a public health emergency, as there is no documented evidence of widespread health problems and ongoing chemical exposures, federal officials stated.
The Environmental Protection Agency did not approve the public health emergency status after the Norfolk Southern derailment in February 2023, despite concerns about long-term health consequences of the spilled chemicals. The decision to burn the toxic chemical three days after the derailment worsened contamination worries. The evacuation of half the town and fears of health issues raised concerns, but the EPA did not categorize it as a public health emergency.
The Government Accountability Project obtained emails discussing the topic of a public health emergency. The EPA Response Coordinator stated that the emergency label, which had only been used once before in Libby, Montana, did not apply to East Palestine, despite resident complaints about respiratory problems and rashes. The agency believed it had sufficient authority to respond without declaring an emergency.
The reason for not considering a public health emergency is the lack of environmental data on ongoing chemical exposures from extensive air, water, and soil testing, according to the EPA.
The EPA explained that the order sent to Norfolk Southern declared that the conditions at the derailment site may endanger public health, and therefore the agency believed there was no need for a public health emergency declaration.
Residents like Jami Wallace see evidence of disaster in their hometown through posts on social media about children experiencing health issues and the return of chemical smells after rains, despite officials dismissing these occurrences as coincidences.
“They keep saying it’s a coincidence, but if this was your family, wouldn’t you get tired of it being a coincidence?” Wallace expressed.
An environmental investigator from the watchdog group wants to ensure that East Palestine residents receive the necessary help to recover from the derailment.
“I talk to residents all the time and they’re having new seizures pop up, cancers. I mean, a lot of the damage has already been done to these people,” the investigator stated.
According to Durno, federal and state officials are still monitoring for additional problems near the Pennsylvania border and the EPA is overseeing the railroad’s cleanup efforts, conducting air and water tests in the area.
He repeated that none of the organization’s over 100 million tests of air, water, and soil ever indicated worrying levels of chemicals except for the soil directly around the derailment site, which was excavated and removed last year.
In the recently revealed emails, an EPA attorney advised one of its public relations staff not to address this issue when asked whether a document detailing the agency’s directive for Norfolk Southern to clean up the contamination from the derailment should mention anything about medical benefits. This type of assistance, which may include Medicare coverage, is only accessible if EPA declares a public health emergency.
“But again there was no data indicating that was necessary. And to this date, there is no data that suggests that’s necessary,” Durno stated
The railway has already expended over $1.1 billion on its response to the derailment, including more than $104 million in direct assistance to East Palestine and its inhabitants. President Joe Biden has not declared a disaster in East Palestine, which is a source of frustration for many residents, partly because Norfolk Southern is covering the cost of the cleanup. The railway has pledged to establish a fund to help cover the community's long-term health needs, but that has not yet materialized.
The emails also serve as a reminder that the EPA was aware of the potential risks of releasing and burning the vinyl chloride. However, this was already communicated when the EPA informed on-site officials that phosgene — previously used as a chemical weapon in World War I — and hydrogen chloride would likely form when vinyl chloride is burned, and cautioned the public about this possibility.
The officials who decided to release the vinyl chloride — Ohio’s governor and the local fire chief leading the response — determined that releasing and burning it was safer than risking a tank car or further explosions.
Ultimately, Durno stated that the EPA only found low levels of hydrogen chloride in the plume of thick black smoke and no phosgene. He also mentioned that the agency conducted thorough sampling throughout the area to monitor for those chemicals during the burn and evacuation, even though weather conditions prevented its specialized plane with additional testing equipment from taking off on the day of the burn.
The chair of the National Transportation Safety Board recently stated that her agency’s investigation revealed that venting and burning the vinyl chloride was unnecessary because the company that produced the chemical was certain no hazardous chemical reaction was occurring inside the tank cars. However, the officials who made the decision have claimed they were not informed of this.
The NTSB’s comprehensive investigation into the cause of the derailment will not be finished until June, although the agency has indicated that an overheating wheel bearing on one of the railcars, which was not detected in time by a trackside sensor, likely caused the accident.
The EPA has stated that the cleanup in East Palestine is projected to be finished later this year.
Rick Tsai, a chiropractor who ran in the March primary for the U.S. congressional seat on the derailment, envisions a bleak future for the small township the longer it goes without the resources needed to make it safe again — resources that the public health emergency designation could help provide.
He expressed his sadness, saying that people are close to losing hope and don't have much hope left.
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