EcoPerspectives Blog

Derailing Environmental Protection: Concerns Over Air and Water After the East Palestine, OH Derailment

By Jacob Baverso, Staff Editor for the Vermont Journal of Environmental Law

May 2, 2023

The Department of Transportation recognizes rail shipment for hazardous materials as the safest method to move such materials over long distances. Despite suggesting that the rail industry’s safety statistics are increasing, there have been a cluster of recent train derailments due to a lack of safety regulation enforcement and rollbacks under the Trump Administration. Most notably is the derailment in East Palestine, Ohio on February 3, in which five rail cars of “vinyl chloride,” and a dozen other cars of hazardous chemicals spilled, leading to it to ignite after a mechanical failure. Vinyl chloride is an important component for PVC and other plastics. According to the Centers for Disease Control, vinyl chloride exposure can lead to respiratory issues, neurological symptoms, chronic exposure, and is associated with liver damage and cancer. Additionally, other chemicals contained on the Norfolk Southern manifest released by EPA, including ethylene glycol monobutyl ether, ethylhexyl acrylate, and isobutylene, all cause respiratory irritation and neurological symptoms.

In response to this leak, cleanup authorities conducted a controlled burn three days after the derailment and ordered residents within a one-mile radius to evacuate. However, burning these chemicals resulted in other chemical releases, such as hydrogen chloride and phosgene (a chemical weapon used during World War I), which lead to respiratory issues, impaired vision, nausea, and rashes. Despite EPA stating that it was safe to return to East Palestine, residents are hesitant to return and are still complaining about strong smells, headaches, and nausea (understandably so). This comes after over 3,500 fish and amphibians were found dead within the Ohio River watershed. Additionally, pet and livestock owners complained that their animals were suffering from many of the same symptoms. The CDC has also updated its toxicological profile and sent out a draft for public comment in January, but this draft eliminates much of the safety concerns printed in the original profile report (and most notably, has had little revision since its publication in 2006, until weeks before the derailment in East Palestine). If the area is so safe, then why are residents still getting sick and why are animals suddenly dying?

After the derailment, vaporized vinyl chloride, as well as the products it produces after being burned (notably hydrogen chloride and phosgene) is governed by the Clean Air Act, which sets Emission Standards for Hazardous Air Pollutants (NESHAPs). Additionally, OSHA regulations permit 5 ppm for up to 15 minutes of exposure to vinyl chloride (or 0.5 ppm averaged over 8 hours). There is still ongoing studies as to environmental impacts, however governmental authorities and independent researchers have offered conflicting evidence from early studies. EPA insists that air quality in East Palestine is safe, yet residents continue to complain about breathing problems, rashes, and other health effects.

Animals are also experiencing sudden health effects, such as heart complications, difficulty breathing, facial swelling, and even death. Scientists from Texas A&M analyzed the data reported by EPA. They found elevated levels of acrolein (a hazardous chemical commonly found in smoke) and other hazardous chemicals at levels high enough to cause long-term health problems. Furthermore, it is unknown how far these toxic chemicals in the air have spread. It depends on local wind patterns, weather, and topography. Unfortunately, it may be difficult to track the spread or even detect vinyl chloride or its burn products, because they break down after a few days in the atmosphere. After breaking down, these substances become hydrochloric acid, formaldehyde, and carbon dioxide—common chemicals found from other emissions sources like power plants, vehicles, and breaking down composite/compressed wood products. Complicating this further, it might take months for scientists to fully analyze impacts to surrounding air quality, and even years to determine long-term effects.

Unlike air pollution, water pollution is easier to track and lasts longer. Following the spill, pets, wildlife, and over 3,500 fish and amphibians died along local waterways, including the Ohio River, within days of the spill. Animals are also dying as far as 20 miles from the derailment site. Additionally, the spilled chemicals left a sheen on the water. The spill initially contaminated Sulphur Run, which then spread to Leslie Run, Bull Creek, and North Fork Little Beaver Creek—all tributaries of the Ohio River. The sheens are more noticeable when the water is stirred up, such as by throwing a rock or disturbing the water. This is because vinyl chloride is denser than water, so it sinks to the bottom. Like the air pollution, EPA is providing conflicting information. They claimed at first that the Village should drink bottled water. But only a matter of days after this, they said the water was safe to drink.

Officials visited homes after public outcry (including EPA Administrator Michael Regan and Ohio Governor Mike DeWine) and drank tap water from residents’ homes. This comes after the Ohio EPA posted a photo of state officials drinking tap water—but had a bottle of Smart Water within the shot—which residents further scrutinized the safety of their water. But drinking one glass of tap water likely does not have the same effects as drinking it every day. Drinking contaminated water leads to bioaccumulation: a process where toxins build up gradually in tissues after constant exposure, leading to long term health issues. In response to concerns, grocery chain Giant Eagle also pulled bottled water from its shelves at 25 locations to prevent potential sales of contaminated water. Not only was there water contamination from the spill itself within the watershed, but also from the water used to extinguish the fire. Officials shipped over 500,000 gallons of wastewater contaminated with vinyl chloride to Deer Park, Texas for disposal into 4,000-foot deep injection wells. Injection wells are prone to leaking and are frequently located near low income, racial minority communities, including the wells in Texas.

So how do the issues with East Palestine get resolved? Unfortunately, the Biden Administration’s response to the derailment was lackluster and left many people—not just East Palestine residents—questioning the government’s commitment to ensuring people have a safe and healthy environment. East Palestine has become one of the largest political battles in early 2023, and partisan attempts are being made to make sure something like this does not happen again.

While EPA and other federal agencies have been in contact early on, some of their ultimate responses have been delayed by weeks, such as EPA’s response requiring Norfolk Southern to foot the cleanup bill or EPA Administrator Regan and Transportation Secretary Pete Buttigieg visiting East Palestine. President Biden also fueled the fire by stating he has no plans to visit East Palestine, while former president Trump did. On the other hand, Congress has introduced proposals to strengthen railway safety requirements and FEMA is determining how much assistance it will provide. Residents of East Palestine have also filed more than a dozen class-action lawsuits against Norfolk Southern for business damages and chemical exposure. Residents also filed another lawsuit against federal and state officials for deprivation of Fourteenth Amendment rights and lack of care while responding to the disaster.

Hopefully, we take this as a lesson to strengthen environmental and safety protections, as well as governmental response, so another disaster like this does not happen again.