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vinyl chloride
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, toldPolitico 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 Dreamsreported 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 Postreported.
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 toldThe 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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