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vinyl chloride
Please, Don't Buy Your Loved Ones Toxic Gifts for the Holidays
A new report reveals that most of the biggest retailers in the U.S. and Canada need to do more to protect consumer health from dangerous plastics and chemicals.
Dec 01, 2024
As the nation prepares for another holiday shopping season and we buy gifts for our loved ones, it’s more important than ever that retailers support efforts to reduce toxic chemicals and plastics in everyday products so that shoppers can choose safer products.
A new Mind the Store Retailer Report Card that scores many of the biggest retailers in the U.S. and Canada provides new insights into which retailers are leading and which are lagging in efforts to better protect consumers and communities from toxics and plastics. The report reveals that while some retailers are making progress, most of the biggest retailers in the U.S. and Canada need to do more to protect consumer health.
The newly unveiled 2024 Retailer Report Card is a comprehensive analysis of the efforts, or lack thereof, of 50 of the largest retailers to provide customers with products free of dangerous chemicals and harmful plastics. The retailers run the gamut from grocery stores to beauty supply retailers and include familiar names like McDonald’s, Best Buy, and Sally Beauty. This newest report is the sixth such analysis published since 2016. While there’s been movement in the right direction overall, this year, the average grade was a pitiful D+, and 17 of the ranked retailers failed, landing in the Toxic Hall of Shame.
The business community will never solve all of our problems, but if retailers want to keep their customers and investors happy, they will need to do more to protect our health.
Plastics are considered in the report alongside dangerous chemicals because most plastics are made with hazardous chemicals. Because 99% of plastics are made from oil and gas and contain countless chemical additives and processing aids, many are harmful to our health and are increasingly recognized as inherently toxic. Some types of plastic, such as polyvinyl chloride (PVC), are especially harmful to human health.
PVC is made from vinyl chloride, a known human carcinogen associated with liver cancer, brain and lung cancers, and cancers of the blood. The report findings show that companies are taking steps to reduce or eliminate the use of PVC—10 of the ranked retailers have set goals to eliminate PVC in specific products and packaging. For instance, Dollar Tree plans to eliminate it in children’s products. Yet retailers are not taking the steps necessary to ensure that replacements are safer. This gap in progress necessary to detoxify supply chains is mirrored in the tepid shift away from PVC by the corporate-led U.S. Plastics Pact group. On the one hand, the pact signatories have promised to ditch PVC by next year, but they have not supported proposed policies in states nationwide that would enshrine that goal.
It’s not only harmful plastics that major retailers fail to find safer replacements for. Dangerous chemicals like per- and polyfluoroalkyl substances (PFAS), known as the forever chemicals because they are nearly impossible to destroy and don’t break down in the environment, are getting increasing scrutiny by retailers. Thirty percent of the retailers featured have set goals to eliminate PFAS in several product types, including beauty products, cookware, electronics, food packaging, pet food products, and more. However, these same companies are far behind in finding truly safer replacements. PFAS in the environment has reached crisis levels, with the substances found in the blood of nearly everyone in the U.S. and beyond. Still, petrochemical companies continue to make new versions of the chemicals even as numerous states like Washington and Maine enact new restrictions on these forever chemicals.
The top-scoring retailers in this new report show safer solutions can be found. Ten retailers, including Apple, Best Buy, IKEA, Sephora, and others, have adopted criteria for safer chemicals rooted in the definition of the state of Washington. Eight of the retailers have made investments in finding or developing safer solutions. Overall, however, the report card highlights a significant gap in ambition when all the steps required to find and use safer solutions are analyzed. Eighty percent of retailers still need to ensure safer solutions to toxic chemicals and plastics. Business is supposed to be known for its creativity, innovation, and flexibility. So why have business solutions to difficult chemical and materials problems been to throw new potentially dangerous chemicals into the market and skirt needed reductions of petrochemical plastics by focusing on recycled content pledges instead of overall reductions? This is an area where the corporate world could shine.
Customers are desperate for safer products that don’t expose our families to cancer-causing chemicals, such as flame retardants in sushi trays and spatulas. The business community will never solve all of our problems, but if retailers want to keep their customers and investors happy, they will need to do more to protect our health.
It’s time for the biggest retailers to “mind the store this holiday season.”
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Why Congress Must Extend Whistleblower Protections to Government Contractors
If the Expanding Whistleblower Protections for Contractors Act is passed, more contractors could feel empowered to stand up for what is right with crucial information.
Nov 15, 2024
With the recent presidential election, violence in the Middle East, and intense natural disasters prominent in the current news cycle, it’s understandable that major legislation is getting overlooked. However, there is one bill in particular that the public should keep its eyes on due to its potential impact on all aspects of our politics, like government accountability, immigration, and even public health: S. 1524, the Expanding Whistleblower Protections for Contractors Act.
Although there is existing legislation aimed at protecting government contractors, it is lackluster at best. Contractors can still face roadblocks on the way to truth-telling, such as limited jury trials, blacklisting, retaliation, and even a dearth of protections for refusing to violate the law. However, the Expanding Whistleblower Protections for Contractors Act increases protections for jobs funded by taxpayer dollars and closes these loopholes for federal contractors to build greater transparency in our government.
To find a case study on the importance of this legislation, one needs to look no further than the February 3, 2023 Norfolk Southern train derailment in East Palestine, Ohio, which sent forever chemicals and combustible materials, such as vinyl chloride (a toxic flammable gas), across the community and temporarily displaced 1,500 to 2,000 people. Three days later, authorities burned 116,000 gallons of vinyl chloride and other highly toxic chemicals from five tankers, sending a dense black toxic cloud over the entire region that could be seen from space. It was recently determined that the toxic fallout of materials from the derailment and burn have been detected in 16 states.
Less than a day after the derailment, the Environmental Protection Agency (EPA) failed to follow procedures to fly its Airborne Spectral Photometric Environmental Collection Technology (ASPECT) plane for data collection of chemical levels in the area. Had it done so, the agency could have determined that the chemicals in the unexploded tanks were cooling and no longer posed a threat of explosion, making the so-called “control burn” unnecessary and its fallout avoidable. In fact, the ASPECT plane remained grounded for five days until the toxic cloud had dissipated. In the aftermath of the derailment, Dr. Robert Kroutil, an EPA contractor with Kalman & Company and a key developer in the ASPECT program, was concerned about the inordinate and unnecessary delays.
With improved and stronger whistleblower protections, Dr. Kroutil would most likely not have been forced into retirement because of the threats. He could have stood his ground while still on the job.
When he finally received data to analyze, he was shocked that the plane only collected data for seven minutes when more typical flights would collect hundreds of minutes of data. He also learned that the sensors were turned off when the plane flew over creeks, waterways, and the crash site itself. He and his fellow scientists reported that the presence of contamination was inconclusive. A few weeks later, the EPA used this report to conclude that the data collection was a success, and it was safe for residents to return to their homes when in fact the reason the results were inconclusive was because the EPA failed to collect the necessary data. Dr. Kroutil was so upset about what was happening, he filed a Freedom of Information request for documents such as back-dated flight plans. When he was threatened with termination unless he withdrew his requests, he decided to retire and go public with his revelations. He had no faith in the current, inadequate legal protections. The EPA retaliated by calling his claims “false” within minutes of hearing about them. The Office of Inspector General has determined, however, that a full investigation of his concerns is warranted, supported by many other whistleblowers.
With improved and stronger whistleblower protections, Dr. Kroutil would most likely not have been forced into retirement because of the threats. He could have stood his ground while still on the job. Unfortunately, similar events have already occurred surrounding the failure to deploy the ASPECT aircraft.
Since his disclosure of EPA’s mismanagement, two train derailments in Illinois and North Dakota have resulted in the spill of hazardous chemicals and mirror problems with the response to the derailment in East Palestine. In both incidents, the EPA failed to deploy its ASPECT chemical sensing aircraft to collect data. Instead, ASPECT at the time of the derailments was performing a nonemergency assessment near Buffalo, New York, collecting data on a legacy contamination issue from World War II.
With thousands of government contractors working tough jobs for our protection—from ensuring our food is safe to eat and defending us from foreign attacks to mitigating the impact of disasters like the derailment in East Palestine—it’s time we start protecting them too. The laws aimed at allowing contractors to speak truth to power must be modernized and repaired to make whistleblowers less vulnerable to retaliation. That is why we should pay attention to the Expanding Whistleblower Protections for Contractors Act of 2023, first introduced by Sens. Gary Peters (D-Mich) and Michael Braun (R-Ind.) and passed out of committee on a bipartisan basis, which would address the shortcomings in the current law.
Government contractors like these have a long history of saving thousands of taxpayer dollars, exposing our government’s wrongdoing, and, as in this case, saving countless lives; to be effective, laws that protect whistleblowers must encourage employees of conscience to speak up and deter employers from retaliating against them for doing so. If the Expanding Whistleblower Protections for Contractors Act is passed, more contractors could feel empowered to stand up for what is right with crucial information. Government Accountability Project is committed to continuing advocacy for greater whistleblower protections for government contractors and a more fair and transparent government.
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Beyond Plastics Offers Next President Agenda to Protect Public Health and Environment
"When the new president takes office in January, we urge them to transition America from a leader in creating plastic pollution to a leader in combating it," said the head of the anti-plastic pollution group.
Aug 28, 2024
The group Beyond Plastics on Wednesday expressed hope that the next U.S. president "is up for the challenge" of reversing course on the annual plastic pollution that is currently projected to nearly double by 2040, and released a 27-point agenda to guide the winner of the November election.
"The next president of the United States should use a combination of approaches to significantly reduce the production, use, transport, and disposal of plastics for the sake of public health and the environment," reads the list of proposed priorities. "These include directives issued to federal agencies and efforts to work with Congress to introduce and pass relevant federal legislation."
The group released the agenda as countries including the U.S. prepare to participate in talks in November to finalize a global plastics treaty, aiming to cut down on the 15 million metric tons of plastic that end up in oceans each year and reduce human exposure to thousands of hazardous chemicals used to manufacture plastic.
The next U.S. president, said Judith Enck, president of Beyond Plastics, "has an opportunity—and a responsibility—to prioritize people and the planet over industry profits, and finally require companies to kick their toxic plastic habit."
The priorities listed by Beyond Plastics include steps that federal agencies should take to reduce plastic pollution in the U.S. and abroad, and legislation that either Democratic presidential nominee Kamala Harris or Republican nominee Donald Trump should push Congress to pass.
Executive actions proposed by Beyond Plastics include:
- A moratorium on new permits or renewing permits for petroleum refining, petrochemical plants, and other facilities that produce plastics and their precursors;
- A national moratorium on the construction of chemical recycling facilities, which generate hazardous wastes, toxic air pollutants, and greenhouse gases, and are primarily sited in environmental justice communities;
- A ban on the shipping of plastic waste to other countries, following the shipment of 900 million pounds of plastic abroad in 2023;
- An Environmental Protection Agency (EPA) ban on vinyl chloride, the carcinogenic chemical that created a public health hazard in East Palestine, Ohio in 2023 after a Norfolk Southern train derailed;
- Department of Justice investigations into the plastic industry's health impacts on communities near processing and manufacturing plants, its role in pollution on public lands, its "false and misleading claims about recyclability and recycled content of plastics," and plastic pollution in waterways and oceans; and
- Leadership from the Department of Labor to achieve a "just transition" for workers in the plastics industry, with employees provided with job training and placement.
The group also called on the next administration to push for the passage of "a strong national packaging reduction bill" that would require a 50% reduction in plastic packaging over 10 years; the Break Free From Plastic Pollution Act; the Farewell to Foam Act, which would phase out plastic foam food containers, disposable foam picnic coolers, and packing "peanuts"; and laws enabling local governments, states, and businesses to apply for federal funding to develop waste reduction, reuse, and refill programs.
"The next president of the United States should use a combination of approaches to significantly reduce the production, use, transport, and disposal of plastics for the sake of public health and the environment."
With the average American creating 200 pounds of plastic waste per year, said Enck, the U.S. now "generates more plastic waste than any other country and is doing little to change that."
Revolving Door Project researcher Hannah Story Brown noted after Beyond Plastics published its priorities list that as the California attorney general, Harris "brought a first-of-its-kind greenwashing lawsuit against plastic bottle companies for making biodegradability claims back in 2011."
"A Harris Justice Department could and should go further in combating this toxic industry's misleading marketing," said Brown.
In contrast, U.S. Rep. Jared Huffman (D-Calif.), a co-sponsor of the Break Free From Plastic Pollution Act and part of the U.S. delegation taking part in global plastics treaty talks, told Politico earlier this year that "in the unthinkable scenario of a second Trump presidency, we're going to get nowhere on plastics."
Mario Loyola, a senior research fellow at the Heritage Foundation and an associate director of regulatory reform under Trump during his presidential term, told the outlet that the Republican nominee would likely be "skeptical" that the treaty to reduce plastic pollution "was the best agreement that could have been reached."
Enck said that "when the new president takes office in January, we urge them to transition America from a leader in creating plastic pollution to a leader in combating it."
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'Reprehensible': NTSB Chair Says Norfolk Southern Interfered With East Palestine Probe
The NTSB chair said the company tried to "manufacture" evidence, avoided sharing information, and threatened agency staff as she released findings from a 17-month investigation into the East Palestine disaster.
Jun 26, 2024
The chair of the National Transportation Safety Board on Tuesday condemned Norfolk Southern for interfering with its investigation into last year's East Palestine train crash and the "vent and burn" of harmful chemicals that followed.
The remarks came at the final NTSB hearing on the disaster, in which the agency released a preliminary report—damning to Norfolk Southern and its contractors—from a 17-month investigation. NTSB officials explained that a decision to intentionally burn vinyl chloride, a carcinogen, from five derailed train cars was flawed and resulted from the company's selective sharing of information with officials at the time.
Norfolk Southern's uncooperative approach didn't stop after the vent-and-burn, according to the NTSB. Throughout the investigation, the company delayed or avoided sharing information, sought to "manufacture" evidence, and even issued a "threat" to agency staff, Jennifer Homendy, the NTSB chair, said.
"Norfolk Southern's abuse of the party process was unprecedented and reprehensible," Homendy said, also describing it as "unconscionable."
She praised NTSB investigators "for their fortitude in the face of mounting pressure, for their laser focus on the facts."
Why is this so predictable? The head of the NTSB said Norfolk Southern repeatedly tried to interfere with the agency’s investigation into the East Palestine derailment. Oh, and the venting and burning of the chemicals was unnecessary and they failed to disclose it, too.
“Norfolk… pic.twitter.com/BrKYD0Cm6s
— Truthstream Media (@truthstreamnews) June 26, 2024
Dozens of train cars derailed in East Palestine, Ohio, a village near the Pennsylvania border, on February 3, 2023. Hazardous materials were released when a DOT-111 model of train car—not ideal for carrying hazardous materials—was punctured during the crash. This set off fires that spread more than 1,000 feet and lasted for days.
On February 6, concerned that there would be a large-scale explosion, the company got official approval to breach five train cars carrying the vinyl chloride, drained it into a trench, and set it alight in a controlled burn.
That vent-and-burn was "not necessary," says the NTSB's new report, which is set to be finalized in the coming weeks. Homendy had previously said as much while testifying to a congressional committee in March, and a former Environmental Protection Agency employee also said that the incineration likely went against federal regulations, as Common Dreams reported in March.
The burning of the vinyl chloride left a chemical odor over the town, and may have been the cause of nausea, rashes, and headaches. And its impact was not limited to East Palestine—the burned chemicals spread to 16 states and likely Canada, a study released last week found.
Tuesday's hearing helped clarify why the flawed decision to burn the vinyl chloride was made: Norfolk Southern didn't share all available information with authorities, and pressured them to approve the burn immediately.
Oxy Vinyls, the company that produced the chemical, had already assessed the situation and determined that a feared chemical reaction that could have led to an explosion wasn't happening, but Norfolk Southern didn't share this with the incident commander, the report says. The East Palestine fire chief has said the company gave him only 13 minutes to approve the burn; the new report cites "unwarranted urgency."
Norfolk Southern presented vent-and-burn as the only option, the report says.
"There was another option: Let it cool down," Homendy said previously.
In fact, the temperature of one of the train cars in question was already going down, indicating that the feared chemical reaction wasn't happening, but Norfolk Southern didn't share this fact with authorities, the report says.
The company's lack of transparency began even earlier: Firefighters and emergency personnel weren't told which hazardous materials were on board until an hour after they arrived.
"This resulted in greater exposure of emergency responders and to the public to post-derailment hazards," said NTSB investigator Troy Lloyd.
When a responder called Norfolk Southern to ask for more information about the materials on board, a company representative said they would call back, but never did, The Washington Post reported.
Krissy Ferguson, a 50-year-old local resident, told the Post that she felt "heartbroken" after the hearing and called for criminal charges to be filed.
Other local people expressed similar discontent with the company after the hearing.
"Community members deserve transparency and proactive protection, not the silence, secrecy, and manipulation that has been unveiled today about Norfolk Southern," East Palestine resident Misti Allison told The Associated Press.
Homendy expressed her own discontent with Norfolk Southern's approach to dealing with her agency. She said that a senior executive had requested that the agency "put to bed" the "rumor" that the company had rushed through the vent-and-burn to keep trains moving and had said that the results of the agency's investigation could "close a chapter" for the company and allow it to "move on."
Homendy said the request was not only "unethical and inappropriate," but also that the entire room full of NTSB staff perceived it as a "threat," as "it was delivered that way."
The alleged intimidation didn't have apparent effect. In addition to its findings about the accident and the burn, the NTSB on Tuesday set forth more than two dozen recommendations for stricter safety regulations, one of which is removing the DOT-111 model of train car from flammable liquids service.
The recommendations are not binding and must be enacted by Congress, which failed to pass a proposed package of railroad reforms last year likely due to industry lobbying and Republican resistance. The Biden administration did institute new regulations in April.
Norfolk Southern issued a statement in response to the NTSB's findings.
"We resolved not to wait for the NTSB's final report before taking decisive action," said John Fleps, the company's chief safety officer. "We will continue to build on our strong safety culture through partnership and innovation to be the gold standard of safety for the rail industry."
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Chemicals From East Palestine Train Disaster Spread to 16 States: Study
Fires after the February 2023 accident caused plumes of toxic chemicals to spread farther than researchers anticipated. "I think we should be concerned," an expert said.
Jun 19, 2024
Toxic chemicals released during fires following the Norfolk Southern train derailment in Ohio last year spread to 16 states and likely Canada, according to a study released Wednesday.
The pollution, some of which came from the burning of vinyl chloride, a carcinogen, spread over 540,000 square miles, showing clearly that "the impacts of the fire were larger in scale and scope than the initial predictions," the authors of the study, published in Environmental Research Letters, found.
Lead author David Gay, coordinator of the National Atmospheric Deposition Program, said that he was very surprised by the way the chemicals had spread. "I didn't expect to see an impact this far out," he told The Washington Post.
Gay said the results did not mean "death and destruction," as concentrations were low on an absolute scale—"not melting steel or eating paint off buildings"—but that they were still "very extreme" compared to normal, with measurements higher than recorded in the previous ten years.
"I think we should be concerned," Juliane Beier, an expert on vinyl chloride effects who didn't take part in the study, told the Post, citing the possibility of long-term environmental impacts on communities.
A Norfolk Southern train crashed in East Palestine, Ohio, a village near the Pennsylvania border and the Appalachian foothills, on February 3, 2023. Dozens of train cars derailed, at least 11 of which were carrying hazardous materials, some of which caught fire after the accident and burned for days. Fearing a large-scale explosion, authorities drained the vinyl chloride from five cars into a trench and set it alight in a controlled burn.
A former U.S. Environmental Protection Agency official later said that the controlled burn went against EPA rules; the head of the National Transportation Safety Board said the deliberate burning was unnecessary.
The local impact of the fires was felt acutely in the month after the accident—a "potent chemical odor hung in the air for weeks," according to The Guardian, and people reported nausea, rashes, and headaches.
The new study helps explain the wider environmental impact. The researchers looked at inorganic compound samples in rain and snow at 260 sites. The highest levels of chloride were found in northern Pennsylvania and near the Canada-New York border, which was downwind from the accident. The authors also found "exceptionally high" pH levels in rain as far away as northern Maine. They did not look at organic compounds such as dioxin or PFAS, which likely also spread following the accident, The Guardian reported. The elevated inorganic chemical levels dropped two to three weeks after the accident.
Norfolk Southern has agreed to pay nearly $1 billion in damages following two settlements reached in recent months. In April, the company reached a $600 million deal with class action plaintiffs living within 20 miles of the derailment site. That deal won't be finalized until the residents officially agree. In May, the company reached a separate $310 million settlement with the federal government. The company has said that it has already spent $107 million on community support and removed the impacted soil.
Norfolk Southern makes billions in profits every year, and the company gave its CEO a 37% pay hike last year, drawing widespread criticism. The company also spent $2.3 million on federal lobbying last year, according to OpenSecrets data reported by Roll Call.
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'Bombshell' Memo Shows Open Chemical Burn in East Palestine Violated EPA Rules
"It's inconceivable that there wouldn't have been someone from the enforcement office, or general counsel, saying, 'Oh, Norfolk Southern wants to do an uncontrolled burn—that's illegal, you cannot do that," said a former EPA official.
Mar 07, 2024
A day after the head of the National Transportation Safety Board told Congress that the deliberate burning of toxic chemicals in five crashed train cars in East Palestine, Ohio last year was unnecessary, a former Environmental Protection Agency official said the so-called "controlled burn" also likely went against EPA regulations.
Kevin Garrahan, who worked for the agency for 40 years and focused on environmental risk assessment and hazardous waste cleanup, told HuffPost that soon after a Norfolk Southern train derailed in the town of 4,700 people, he alerted a former EPA colleague to a 2022 memo on the open burning and open detonation of waste explosives.
The memo described when local EPA officials can issue permits for the pre-planned combustion of waste explosives, and said the open burning of hazardous waste should be a last resort.
Because the EPA determined in 1987 that "open burning of nonexplosive waste could not be conducted in a manner that was protective of human health and the environment," the memo says, the method "is generally the least environmentally preferred treatment technology and, consistent with existing requirements, should only be available where there are no safe modes of treatment."
Considering laws banning the open burning of chemicals and the EPA's knowledge of the danger that was spelled out in the memo, the decision to allow emergency crews to blast holes in five train cars, drain the toxic vinyl chloride they were carrying into pits, and set the chemicals on fire seemed "incredibly stupid and reckless," Garrahan wrote to his colleague.
"Am I missing something?" he asked.
"The big question is if there is another train derailment involving toxic chemicals—and there will be—would EPA sit idly by and allow a state and a polluter to decide to do an open burn again?"
Garrahan's former colleague agreed that there were concerns about "OB/OD," or open burning and open detonation, but did not reply to Garrahan's later emails about the safety of the operation.
In a case of a private company directing a public official regarding their response to a potential public safety threat, East Palestine fire chief Keith Drabick told the NTSB that Norfolk Southern and its contractors pushed him to approve the deliberate burning of the vinyl chloride, a known carcinogen that has been linked to liver, brain, lung, and blood cancers as well as neurological damage. Drabick said railroad officials gave him just 13 minutes to make the decision.
Garrahan told HuffPost that the EPA, which deployed state and federal officials to the crash site, should have stepped in and cited the 2022 memo as proof that the so-called "controlled burn" that Norfolk Southern was suggesting actually fit the definition of open detonation.
"It's inconceivable that there wouldn't have been someone from the enforcement office, or general counsel, saying, 'Oh, Norfolk Southern wants to do an uncontrolled burn—that's illegal, you cannot do that," Garrahan said, calling the memo a "bombshell."
Instead, the EPA to this day has referred to the operation, which sent huge plumes of black smoke into the surrounding area and forced an evacuation of East Palestine, as a "controlled burn," suggesting any damage would have been contained.
The incineration of the vinyl chloride raised concerns about the release of dioxins, another class of toxic compounds that are linked to reproductive and developmental harms and are also carcinogenic. HuffPost reported that an EPA dioxin expert was not consulted about the Norfolk Southern derailment and its aftermath until a month after the accident.
Judith Enck, a former EPA regional administrator, told the outlet that the EPA went against their previous protocols, which were in place in 2012 when a train carrying vinyl chloride derailed in Paulsboro, New Jersey.
Officials in that case sealed off the affected cars and vacuumed the hazardous materials before taking it to a facility for safe disposal.
As Jennifer Homendy, chair of the NTSB, testified at a congressional hearing on Wednesday, Drabick and other officials tasked with approving the deliberate burn were not given all the relevant information they needed from Norfolk Southern about a potential spontaneous explosion.
The maker of the vinyl chloride in the cars, Oxy Vinyls, told the rail company that there was no hazardous chemical reaction happening in the crashed train.
"They believed polymerization was not occurring, and there was no justification to do a vent and burn," Homendy said. "There was another option: let it cool down."
Oxy Vinyls' input was not passed along to Ohio Gov. Mike DeWine, Drabick, or other local authorities who proceeded with the incineration that allowed Norfolk Southern to reopen the railroad the following day.
"Meanwhile," said Plain Dealer reporter Jake Zuckerman, "some of the locals are still stuck in hotels, that Norfolk Southern is no longer paying for. And they say they're suffering symptoms of chemical exposure, which the EPA and Norfolk Southern deny."
The EPA's decision-making in the case of East Palestine raises questions about the future safety of other American communities if a similar accident happens.
"EPA sat idly by when a major bad decision was made," Enck told HuffPost. "The big question is if there is another train derailment involving toxic chemicals—and there will be—would EPA sit idly by and allow a state and a polluter to decide to do an open burn again?"
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'Welcome News': EPA Starts Process of Vinyl Chloride Risk Assessment
"This is one of the most important chemical review processes ever undertaken by the EPA," said one of the agency's former regional administrators.
Dec 14, 2023
The U.S. Environmental Protection Agency announced Thursday that it had begun the process of prioritizing vinyl chloride for evaluation under the Toxic Substances Control Act.
Vinyl chloride, which is primarily used to make polyvinyl chloride (PVC) plastic, was one of five chemicals the agency earmarked for a risk assessment. The move comes eight months after a disastrous train derailment in East Palestine, Ohio, which included five cars carrying 115,000 gallons of the dangerous chemical.
"We have seen firsthand what vinyl chloride can do to a community," Hilary Flint, vice president of Unity Council for the East Palestine Train Derailment and director of communications and community engagement for Beaver County Marcellus Awareness Community, said in a statement.
"This is a step in the right direction, and we will continue to fight for a total vinyl chloride ban," Flint continued. "We want to make sure what happened after the East Palestine train derailment is the last vinyl chloride disaster in the United States."
Vinyl chloride is a known carcinogen that has been linked to liver, brain, lung, and blood cancers. It can also harm the neurological system and suppress immunity. Despite this, it is one of the most produced chemicals by volume in both the U.S. and internationally. In 2019, billions of pounds were manufactured in the U.S. alone.
"Most vinyl chloride is used to make polyvinyl chloride (PVC) plastic, which poses significant health and environmental problems that have been known for over 50 years," Judith Enck, president of Beyond Plastics and former EPA regional administrator, said in the EPA announcement. "This is one of the most important chemical review processes ever undertaken by the EPA."
"The examination of all routes of exposure prescribed by the law will lead EPA to the conclusion that vinyl chloride is far too dangerous to make or use, and should be banned."
A TSCA review will require the EPA to assess all the ways people can be exposed to vinyl chloride, both in terms of what it can pollute and how the exposure can take place. That means looking at how it contaminates soil, air, and water and how it impacts workers, frontline communities, and communities exposed during disasters like the East Palestine derailment. A full 27% of the people who live within three miles of a facility where vinyl chloride is used or made are children, and the evaluation will require the EPA to consider how the chemical impacts young people specifically.
Liz Hitchcock, director of Toxic Free Future's Safer Chemicals Healthy Families federal policy program, said the EPA's decision was "welcome news."
"The examination of all routes of exposure prescribed by the law will lead EPA to the conclusion that vinyl chloride is far too dangerous to make or use, and should be banned," Hitchcock said.
The other chemicals that the EPA will assess are acetaldehyde, acrylonitrile, benzenamine, and 4,4'-Methylene bis(2-chloroaniline) (MBOCA). Four out of the five chemicals are used in plastic production and all of them are used to make petrochemicals.
The EPA now has 12 months to determine whether or not the five chemicals are "High Priority Substances," after which it will begin the risk evaluation. The public will be able to comment on all of the chemicals.
"We applaud EPA for echoing states' concerns about the threat of vinyl chloride and PVC to communities. This action, along with action by states to restrict the use of PVC in packaging and building materials in favor of safer materials, will help communities thrive," Sarah Doll, national director of Safer States, said in a statement. "The urgency of vinyl chloride's threat means we need action from all levels of government."
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