Ohio senators press EPA over East Palestine public health emergency status

Ohio’s two senators are calling on the Environmental Protection Agency (EPA) to study whether a public health emergency exists in East Palestine, Ohio, as a result of the February derailment of a Norfolk Southern train.

The Feb. 3 derailment involved 20 railcars containing hazardous materials, according to the EPA’s determination, and the subsequent controlled burning of five cars released vinyl chloride, a toxic compound used in the production of plastics.

Sens. Sherrod Brown (D) and JD Vance (R) noted in a letter Tuesday that the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which the EPA has already invoked in East Palestine, allows for the declaration of a public health emergency.

Declaring a public health emergency in East Palestine could give potentially affected residents of the town and surrounding areas access to Medicare coverage, which would in turn allow them to monitor for possible long-term health problems.

The derailment itself did not directly cause any deaths or injuries, but long-term exposure to the chemicals involved in the spill could be associated with numerous medical conditions including leukemia and liver cancer.

“The long-term environmental and public health impact of this exposure on residents remains unknown and may not become apparent for years to come,” Vance and Brown wrote. “No affected resident of East Palestine or its surrounding communities should have to worry about affording necessary health care, now or in the future.”

The senators asked the EPA to clarify its rationale if it has already decided not to declare an emergency in the town.

CERCLA, popularly known as the Superfund law, allows the EPA to require Norfolk Southern to conduct and pay for cleanup of the derailment site. Brown and Vance, despite their opposing party affiliations, have cooperated extensively during the response to the derailment, including co-sponsoring legislation that would tighten federal rail safety requirements.

“We will review and respond to the letter through appropriate channels,” an EPA spokesperson told The Hill. “EPA has been on the ground in East Palestine for more than seven months — since immediately after the disaster — working around the clock as part of President Biden’s whole-of government approach to protect nearby communities from the mess that Norfolk Southern created.” 

— Updated at 4:25 p.m.