April 3, 2024
FOIA Discovery Shows EPA’s Missteps Put East Palestine in Harm’s Way
WASHINGTON – On September 21, 2023, Government Accountability Project filed a Freedom of Information Act request that would launch an investigation into the Environmental Protection Agency’s (EPA) actions following the East Palestine Train Derailment. After a long and argumentative process, we received documents from the EPA on how it signed off on the vent and burn of the five vinyl chloride cars despite knowing hours before the unnecessary detonation that potentially deadly phosgene would be created. Additionally, the responsive FOIA documents reveal that an EPA attorney discouraged the EPA Region 5 external communications director from considering a potential public health emergency in East Palestine.
The FOIA documents released on March 12 revealed there were discussions amongst EPA officials about the possibility of declaring a public health emergency. However, on February 20, 2023, the EPA Regional Counsel decided it was “best not to get into this,” despite acknowledging they had the authority to declare a public health emergency.
Generally, the EPA has denied responsibility for the open burn, a possible violation of their own statutes. Instead, EPA, which is the federal On-Scene Commander of the disaster, has said they were only acting in a supportive role and that the East Palestine Fire Chief and Ohio Governor made that call after consulting with Norfolk Southern and its contractors. OxyVinyls, the owners of the vinyl chloride in the derailed cars, told Norfolk Southern that the train cars were not polymerizing. However, the Fire Chief and Ohio Governor were not informed that the train cars were cooling and therefore not expected to cause a catastrophic explosion, according to the National Transportation Safety Bureau.
Emails show that confusion ensued, and missteps were made that put the public in harm’s way. It was not until February 21 that the EPA acknowledged the residents’ complaints of the potential for Dioxin being released after the burn. In an email between EPA officials, they acknowledged there would be concentration in the area, including air, land, and water. However, residents were not made aware of the official’s concern. The EPA’s ASPECT plane, which collects aerial data on the environment, was most likely to mostly see vinyl chloride and phosgene, a chemical and biological weapons expert told EPA officials two hours before the vent and burn. Both chemicals are extremely dangerous and toxic to humans and were captured in the plume from the detonation. The ASPECT plane, however, remained grounded in Pittsburg the day of the vent and burn due to weather concerns and only began collecting air quality data the day after the detonation.
Government Accountability Project Environmental Investigator, Lesley Pacey, commented:
“These FOIA discovery documents shed light on critical missteps that jeopardized lives before, during and after the decision to vent and burn vinyl chloride and other chemicals spilled during the East Palestine Train Derailment. The EPA knew the derailment would expose residents to deadly phosgene, but they allowed it to happen anyway. They also knew dioxins, the most dangerous toxins known to man, would be formed, internal emails show. But the EPA refused to test for dioxins in East Palestine until residents, environmental groups and lawmakers raised concerns. In recent months, the EPA distanced itself from the controversial decision to vent and burn, but early on released a statement admitting that the decision to vent and burn was made ‘in consultation’ with the EPA, the FOIA documents show. Equally shocking is the discovery that EPA avoided deeming the disaster a public health emergency. Taken as a whole, these documents reveal EPA’s dereliction of duty to protect the public and the environment.”
Contact: Mary Allain, Deputy Director of Communications
Email: [email protected]
Phone: (202) 449-6042