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"This is one of the most important chemical review processes ever undertaken by the EPA," said one of the agency's former regional administrators.
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."
"It's important for the residents of East Palestine that accurate and transparent testing for dioxin be done at the lowest levels possible, so that the residents can begin to understand the risks they face and can make informed decisions to protect their health," said one expert.
While welcoming a federal order that Norfolk Southern test for dioxins near a derailed train that was carrying hazardous materials through East Palestine, Ohio, over 100 groups on Monday shared "recommendations on how this testing should be conducted to improve transparency, rebuild public trust, and comprehensively address possible releases."
The U.S. Environmental Protection Agency (EPA) told the rail company to develop a plan to test for dioxins—carcinogenic chemical compounds that persist in the environment and human body and are tied to developmental, reproductive, and immune system problems—only after nearly a month of pressure from residents across Ohio and Pennsylvania.
River Valley Organizing (RVO), Toxic-Free Future, and other organizations signed the letter sent on Monday to agency leaders including EPA Administrator Michael Regan—which states that "to date, Norfolk Southern has done an extremely poor job of building trust with the community of East Palestine and other communities impacted by the disaster."
"We strongly recommend the U.S. EPA itself conduct the dioxin sampling or hire its own consultants to conduct the testing."
"To ensure this testing is adequately conducted, and to rebuild public trust, we strongly recommend the U.S. EPA itself conduct the dioxin sampling or hire its own consultants to conduct the testing," the letter continues. "Norfolk Southern should not be in charge of the dioxin sampling. This testing must be paid for by the responsible parties, not taxpayers."
Along with laying out what the groups believe should be detailed in the dioxin sampling plan—including goals, locations, detection limits, procedures, and laboratories used—the letter calls for allowing residents to weigh in before testing begins.
"All sampling data and test results should be made available to the public for review in a transparent and easily accessible format," the organizations argued. "This information must be accessible for review, given the need for results to be meaningful to impacted communities as well as to build trust through transparent action."
While the EPA has said that its own "monitoring for indicator chemicals has suggested a low probability" that dioxins were released as a result of the February 3 derailment and subsequent "controlled burn" of vinyl chloride, as the letter says:
Responders reportedly punctured and burned more than 115,000 gallons of vinyl chloride in uncontrolled conditions for numerous days, making it likely that dioxins and related chlorinated substances were formed and released into the communities surrounding the disaster site. Four train cars of polyvinyl chloride plastic also burned, also likely forming dioxins. There have been elevated levels of dioxins released in other major accidents involving chlorinated chemicals—from the 2004 explosion at the PVC plant in Illiopolis, Illinois, to the 1997 Plastimet PVC recycling fire in Ontario, to the 2001 World Trade Center attacks.
The organizations also recommended that "the EPA work with other agencies to provide medical monitoring for impacted communities, especially East Palestine and those in the combustion plume, that desire it."
"Communities surrounding and downwind of the derailment have a right to know whether the fire resulted in elevated concentrations of dioxins. The testing must be transparent and comprehensive," the letter asserts. "This would help demonstrate EPA's commitment to comprehensively responding to this disaster, rebuilding trust with East Palestine and other impacted communities, and advancing environmental justice."
Leaders and experts at groups that signed the letter echoed its key messages in a statement Monday—including RVO co-executive director Amanda Kiger, who declared that "this community deserves to know what potential toxic chemicals they will have to live with for years to come due to Norfolk Southern's greed."
Just like per- and polyfluoroalkyl substances (PFAS), often called forever chemicals, "dioxins are toxic even at very low levels of exposure," noted Mike Schade, director of Mind the Store, a program of Toxic-Free Future.
Stephen Lester, science director of the Center for Health, Environment & Justice, highlighted that "exposure to dioxins can cause cancer, reproductive damage, developmental problems, immune effects, skin lesions, and other adverse effects."
"It's important for the residents of East Palestine that accurate and transparent testing for dioxin be done at the lowest levels possible, so that the residents can begin to understand the risks they face and can make informed decisions to protect their health," Lester said.
Others took aim at Norfolk Southern, which since the derailment has faced intense scrutiny for its safety culture and practices.
Given that "Norfolk Southern has obvious financial conflicts of interest in the outcomes of all environmental testing and public health evaluations," Dr. Ted Schettler, science director at the Science and Environmental Health Network, stressed the need for "rigorous oversight of the U.S. EPA, including strict quality control measures and split-sample testing."
Judith Enck, a former U.S. EPA regional administrator who is now president of Beyond Plastics, said that "it is unfortunate that the EPA took a month to decide to test for dioxins, and then rather than doing it itself, is having Norfolk Southern consultants to do the actual testing."
"The testing plan is too limited and should be revised to require some testing inside people's homes, at schools, and air filters in schools and buildings and cars should be tested, not just soil," she added. "Rain has likely driven contaminants toward groundwater and that water should be tested over a period of months and year[s]."
Enck's comments came after she wrote in a New York Times opinion piece last week that the EPA should have "ordered comprehensive testing the very day of the burn" and "told residents, especially pregnant women and families with young children, not to return home until it was safe to do so."
"Instead, it timidly stood back, leaving local authorities, corporate interests, and rumors to fill the void," she charged. "In lieu of a comprehensive plan, the EPA appears to be playing a game of crisis whack-a-mole, waiting and then responding to the news cycle. This is no way to safeguard our communities."
Despite the existence of safer alternatives, toxic "forever chemicals" linked to a wide range of health problems are found in most products labeled stain- or water-resistant, from rain jackets and hiking pants to mattress pads, comforters, napkins, and tablecloths.
"We need urgent action at the state and federal levels to solve the PFAS crisis, including by quickly stopping its use in products we wear and use in our homes."
That's according to Toxic Convenience, a new study released Wednesday by Toxic-Free Future, which analyzed 60 commonly used items to highlight the "hidden costs of forever chemicals in stain- and water-resistant products" across three categories: outdoor apparel, bedding, and table linens.
The Seattle-based nonprofit research and advocacy organization found that 72% of the 47 stain- or water-resistant products it tested contain per- and polyfluoroalkyl substances (PFAS).
PFAS are a class of synthetic compounds known as "forever chemicals" because they don't break down--polluting people's bodies and the planet for years on end. Scientists have linked long-term exposure to PFAS--identified at unsafe levels in the drinking water of more than 200 million Americans and detected in 97% of blood and 100% of breast milk samples--to numerous adverse health outcomes, including cancer, reproductive harm, immune system damage, and other serious issues.
Notably, all 13 of the products tested by Toxic-Free Future that were not marketed as stain- or water-resistant were found to be PFAS-free.
"Our testing finds continued, unnecessary use of the toxic chemicals known as PFAS in outdoor clothing and home furnishings like bedding and tablecloths," Erika Schreder, study author and science director for Toxic-Free Future, said in a statement.
"When companies use PFAS to make products stain- or water-resistant," said Schreder, "they are using chemicals that contaminate homes, drinking water, and breast milk with highly persistent chemicals that can cause cancer and harm the immune system."
Over a quarter of the studied products that were marketed as stain- and/or water-resistant appeared to be free of PFAS--demonstrating that alternative compounds are available and sparking calls for swift regulatory action to improve workplace and consumer safety.
"Some companies are using PFAS-free alternatives, but until regulations ban PFAS in products, these dangerous chemicals will continue to be used in our raincoats and bedding," said Laurie Valeriano, executive director of Toxic-Free Future. "We need urgent action at the state and federal levels to solve the PFAS crisis, including by quickly stopping its use in products we wear and use in our homes."
Manufacturers have been using a combination of PFAS, including compounds currently banned in other countries, the analysis revealed. While newer PFAS were present, researchers also discovered that nearly three-quarters of the products tainted with forever chemicals tested positive for older PFAS--already prohibited in the European Union and phased out by major U.S. manufacturers.
"It is time to stop this terrible injustice, hold manufacturers accountable, and urgently establish national and international bans for the entire class of PFAS," said Pamela Miller, executive director of Alaska Community Action on Toxics and co-chair of the International Pollutants Elimination Network (IPEN). "PFAS contamination of the Arctic poses a particular threat to the health of Indigenous peoples who are reliant on traditional foods as essential to their physical, spiritual, and cultural sustenance."
The products analyzed by Toxic-Free Future were purchased from 10 large retailers: Amazon, Bed Bath & Beyond, Costco, Dick's Sporting Goods, Kohl's, Macy's, REI, Target, TJX, and Walmart. According to the group, which conducted tests for total fluorine and PFAS at independent scientific laboratories, forever chemicals were found in at least one item sold by each corporation.
\u201cToxic #PFAS in our beds? At the dinner table?! Our study found #foreverchemicals in most products labeled stain- or water-resistant, including rain gear, tablecloths & bedding.\n\nRetailers like @dicks & @REI must protect consumers & #BanPFAS from products.\nhttps://t.co/ueyZGjpgpF\u201d— Toxic-Free Future (@Toxic-Free Future) 1643195710
"Rain jackets shouldn't cause cancer--but for some of us, that just might be the case," said Emily Donovan, co-founder of Clean Cape Fear. "These companies sold a convenience product to consumers without fully disclosing the toxic trade-off."
"In my region of North Carolina, our drinking water has been severely contaminated from the manufacture of PFAS chemicals," added Donovan. "No one's drinking water should be contaminated for a rain jacket."
The analysis comes amid a national campaign pressuring REI and other retailers to ban PFAS in outdoor gear and other textiles.
Since November 2021, more than 60,000 REI customers have signed petitions and sent e-mails urging REI's CEO and board to take action on PFAS. Last month, a coalition of more than 100 local, state, and national organizations sent a letter imploring REI--which also happens to be facing a union drive in Manhattan--to catalyze an industry-wide shift away from the entire class of PFAS.
"Retailers, like REI, can stop contributing to this toxic trail of pollution by ensuring the products they sell are free of PFAS," said Mike Schade, director of Toxic-Free Future's Mind the Store program. "As a company committed to sustainability and one of the biggest outdoor retailers in the U.S., REI has a responsibility to lead the outdoor industry away from these toxic chemicals."