EPA’s Lack of Transparency Raises Concerns About East Palestine Contamination
The way the Environmental Protection Agency (EPA) has reported its test results following the disastrous train derailment in East Palestine, Ohio, last year is raising concerns among residents, who say it’s difficult to assess the full extent of the contamination and potential health risks.
Data analyzed by The Associated Press reveals that the EPA doesn’t provide specific measurements for chemicals that fall below a reporting limit, making it challenging to understand the true levels of contamination.
While the EPA maintains that residents shouldn’t be concerned about chemicals below the human health screening level, which indicates a potential danger, health experts argue that a mixture of chemicals, even at levels below the standard, could pose a greater risk for cancer and other health issues. Long-term exposure to low levels of chemicals could also lead to health problems.
The agency’s lack of transparency, coupled with independent tests that seem to indicate lingering contamination, is fueling distrust among residents regarding the EPA’s assurances of safety.
“I used to feel like those were agencies to protect people, but I don’t feel like that anymore,” said Krissy Ferguson, a resident whose home remains unoccupied due to her concerns. “They need to come forth and do the right thing. They know these chemicals just don’t go away.”
Unclear Data
The EPA’s test results often label chemicals as “undetectable” because the agency claims there isn’t enough present to accurately determine the amount. The agency doesn’t disclose precise figures when results fall below a conservative reporting limit set by the lab.
However, data from the railroad’s contractors and independent testers working in East Palestine contains more detailed information, including actual results even below the reporting limits. This is because there’s a lower threshold called a method detection limit, which indicates the test’s sensitivity. Experts typically report results above this limit due to their perceived reliability.
The EPA has not provided an explanation for its lack of detailed data on low-level chemicals, stating that its focus in East Palestine is on levels that pose an immediate threat to human health. Regarding testing of creeks near the derailment site, the EPA asserted in a statement that “none of the data that we’ve reviewed shows chemicals in the sediments far exceeding the long-term human health screening levels. Put simply, short-term exposure to the sediments will not have meaningful increase in risk to human health.”
Conflicting Data
While EPA’s data and independent tests conducted this year indicate improvements in chemical levels in the creeks following cleanup efforts, some potentially hazardous substances persist at low levels. The EPA also attributes some contamination to industries that operated in East Palestine decades ago.
The most recent spreadsheet posted on the EPA’s East Palestine website last month includes 8,758 soil and sediment test results generated since the derailment. Nearly 6,400 entries reported insufficient amounts of individual chemicals to accurately report them under the conservative reporting limit. However, new data from Norfolk Southern’s contractors, who have conducted most of the testing, reveal that 25,442 out of 26,874 test results from last year—almost 95%—contained detectable levels of chemicals, according to the detailed information provided by the lab.
Neil Donahue, director of Carnegie Mellon University’s Steinbrenner Institute for Environmental Education and Research, emphasizes that reporting data exceeding the method detection limit is standard practice due to its reliability. Other experts concur that the EPA should simply report the data it has and provide clear explanations.
Christina Siceloff, a resident of East Palestine, expressed her frustration with the lack of transparency: “Why don’t they just straight tell people what the truth is? Do they not think we can handle it?”
Health Concerns Remain
Despite the uncertainty surrounding the exact extent of the health threat, medical researchers express real concerns about the situation in East Palestine. Residents have reported unexplained health problems since the derailment, including respiratory issues, rashes, hair loss, nosebleeds, asthma, and even a case of male breast cancer that led to a double mastectomy.
The human health screening levels relied upon by the EPA are based on short-term exposure. The long-term implications of exposure to these chemicals remain unclear.
Dr. Beatrice Golomb, a researcher based at the University of California San Diego, highlights the potential risks associated with prolonged exposure to low levels of chemicals. Moreover, she notes the absence of conclusive research on the effects of exposure to chemical mixtures.
The precise combination of chemicals created after the derailment, which involved the spillage and burning of hazardous materials from several tank cars, remains unknown. Three days after the derailment, officials intentionally ignited five tank cars containing vinyl chloride, a plastic ingredient, out of concern for a potential explosion. This burning process led to the creation of new substances.
Settlement Under Scrutiny
A federal judge will hear arguments on Wednesday regarding the approval of a $600 million class action settlement offered by the railroad to residents living within 20 miles (32 kilometers) of the derailment.
Some residents argue that the settlement shouldn’t be approved due to insufficient information to evaluate its fairness. Residents within 2 miles (3.2 kilometers) of the derailment are eligible for up to $70,000 per household for property damage and up to $25,000 per person for health problems, with the amounts decreasing for those living further away.
The lawyers involved in the settlement maintain its fairness based on their knowledge. However, they have not shared details of their investigation with residents.
Stephen Petty, a forensic engineering expert hired by class-action attorneys to assess the contamination before residents approved the settlement, states that when the EPA reports undetected results, “they’re implying that they’re small or not useful. But that’s not true.” He accuses the EPA of “misrepresenting what the actual data likely is.”
Petty cannot disclose his own test results due to the settlement agreement, but he believes the EPA should not dismiss the findings of other independent testers.
The lack of detail in EPA data could impact the judge’s decision on the settlement. Dan Abraham, a lawyer representing 35 individuals who objected to the deal, argues that it shouldn’t be approved until the attorneys who negotiated it disclose the results of Petty’s tests and other gathered information.
The lawyers who negotiated the settlement point to its support from most residents within the affected area, with approximately 55,000 claims filed. Only 370 households and 47 businesses chose to opt out of the settlement.