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CTEH: The Fox in the Chicken Coop

Photo credit: Rebecca Kiger, The Washington Post/Getty Images

By Hunter Marion.

On March 12, 2023, ProPublica published an article in which CHEJ’s Science Director, toxicologist Stephen Lester, was commented as saying that “[Norfolk Southern] is responsible for the costs of cleaning up this accident.” The article went on to inform how the company was going about backing the bill for this cleanup.

Norfolk Southern has recruited the private environmental firm, Center for Toxicological and Environmental Health (CTEH), for the monitoring and removal of residual vinyl chloride and other chemicals. The problem with this choice is that CTEH has been the go-to company for alleged big polluters to utilize and sign-off on their controversial cleanups.

So, what is CTEH? It is an Arkansas-based company that, according to its website, is “committed to safeguarding your workers, your community, and the environment.” However, their record shows that this messaging is directed more towards compromised companies rather than harmed citizens. Starting in 1996, CTEH gradually gained prominence amongst alleged big polluters for performing toxicological evaluations and risk assessments that environmentalists would argue as being pro-industry.

  • In 2006, CTEH seemingly downplayed the health impacts of hydrogen sulfide in a report they wrote for the Chinese construction company, Knauf Plasterboard Tianjin, about their drywall. This drywall was later discovered to be highly toxic in 2009 and led to two giant class-action lawsuits in the U.S.
  • In 2008, 5.4 million cubic yards of coal ash broke through a 57-foot dike maintained by the Tennessee Valley Authority and flooded the town of Kingston, TN. While assessing the largest industrial spill in U.S. history, CTEH allegedly failed to meet quality assurance standards and used inaccurate air monitoring procedures during an audit. Arguably, the results of these actions disguised the true extent of the airborne coal ash that was present.
  • In 2010, CTEH purportedly underwent covert operations to release Corexit (a highly toxic dispersant) upon millions of gallons of crude oil during the Deepwater Horizon ocean spill. This resulted in the appearance of oil removal, until the following winter when it was shown that the oil was pushed further underwater and diverted to nearby watersheds and protected wetlands.
  • In 2016, a Husky Energy pipeline burst and poisoned a river with roughly 250,000 liters of crude oil within the James Smith Cree Nation in Saskatchewan, Canada. CTEH supposedly created a testing zone excluding the waterways most affecting the First Nations community. The results came back inconclusive, which likely justified Husky Energy to continue ignoring the community’s cries of concern.
  • In 2019, the International Terminals Company’s chemical storage facility in Houston, TX caught on fire. The resulting smoke cloud that covered most of the city released 9 million pounds of pollutants in one day, shutdown many municipal school districts with shelter-at-place advisories, and exposed the nearby city of Deer Park to extreme amounts of benzene (citizens later suffered severe symptoms). Afterwards, CTEH apparently performed insufficient air quality tests. Their dubious results were readily approved by the Texas Commission on Environmental Quality (TCEQ) and EPA.

Numerous toxicologists and environmental experts have decried CTEH’s methods as being suspicious to sinister. Activists and even politicians have warned against using their services (most notably during the Deepwater Horizon fiasco). Now, CTEH has been given the authority to control the narrative about how many toxic chemicals are truly present in East Palestine. As observed by former Exxon chemical engineer, Nicholas Cheremisinoff, CTEH is “essentially the fox guarding the chicken coop.”

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Why Are We Unprepared for Environmental Disasters?

Photo credit: Matthew Hatcher/Bloomberg via Getty Images

By Leila Waid.

The train derailment in East Palestine, Ohio, shows that our country is unprepared to address environmental emergencies adequately. Environmental disasters of the past show that accidents, just like human error, are inevitable. But how our society responds to these events can make all the difference. It can mean the difference between a life lost, and a life saved.

The Norfolk and Southern train derailment carrying toxic materials, such as ethanol and propane,  was not the first environmental emergency facing our country. Other human-made ecological disasters that have impacted the health and safety of the communities include the Love Canal toxic waste site, the Exxon Valdez oil spill, the Deepwater oil spill, the California fires caused by the Pacific Gas and Electric Company, and the Ringwood Mines Landfill Site.

There is no certainty that such destructive environmental events, like East Palestine, will never happen again, especially since there are an average of three train derailments per day. Of note, the Norfolk and Southern CEO, Alan Shaw, refused to support the Railway Safety Act of 2023 during the March 9, 2023 Senate hearing on the derailment. Shaw’s lack of commitment to safety improvements is even more staggering in the context of another one of the company’s trains derailing the morning of the hearing. During the hearing, Shaw also refused to commit to covering the healthcare costs of the community members impacted by the toxic fumes released into the air.

So, if it is likely that these events will keep happening and communities will keep facing environmental injustice. What can be done? One solution is to create a national response team within the Environmental Protection Agency (EPA), called the EPA National Response Center (EPANRC). Within this proposed EPANRC, a Rapid Response Team would be created that is tasked with monitoring potential environmental hazard scenarios and be equipped to respond quickly to various toxin-related emergencies. The proposed EPA Rapid Response Team (EPARRT) would consist of multiple experts with different skills, including toxicologists, epidemiologists, environmental health scientists, public health emergency planning officials, and communication experts.

A model like the one proposed already exists for other federal agencies. For example, the Food and Drug Administration (FDA) have protocols in place for when contaminations are found in the food supply, such as when E.coli was detected in lettuce. The Centers for Disease Control and Prevention (CDC) also have various resources and teams in place to address infectious disease outbreaks. With the increasing number of actual train derailments and potential derailments, now is the time that environmental justice emergency issues are provided equal attention and the same amount of support at the national level, like the ones which already exist at the CDC and FDA.

How would an EPA National Response Center benefit the impacted communities? The guiding principle of the Center would be to protect the communities and empower them with timely and vital information. For example, if such a Center existed for East Palestine, it could have prevented the controlled burn of hazardous material in five train cars. In the Senate hearing, Eric Brewer, the fire chief who was one of the first responders on the scene of the accident, thought the decision to go from burning only one of the train cars to five as shocking and astounding. Scientists argue that the act of burning off the material in those trains released dangerous toxins into the air. Specifically, it could have caused the community to be exposed to dioxin, one of the most harmful toxins to human health.

One of the main themes expressed by the East Palestine residents is frustration with the lack of answers given to them by Norfolk and Southern, state, local and federal governments. The proposed EPA National Response Center (EPANRC) would have a framework for interacting with the community immediately and providing them with the most transparent information on a minute-to-minute basis. The EPANRC would not work in a bubble but instead organize and collaborate with the community leaders directly and immediately to provide them with necessary resources and information.

Another benefit of having the proposed EPANRC would be to address community issues directly and would not rely on the politics of the local, state or federal governments. Also, what is often overlooked, is that environmental disasters do not stay within the state or regional borders. The impact of these types of disasters affects communities that are miles away from the initial impacted community. For example, the train derailment in East Palestine happened right next to the Pennsylvania border. Now residents in Pennsylvania are just as harmed by the toxins, as those in East Palestine, Ohio.

Like the event in East Palestine, when an environmental disaster happens in a small town that does not have the resources to respond to it, that should not mean that the people in that location must suffer the consequences of having toxic air and water in their communities. This proposed EPANRC would make sure that all environmental disasters are handled with the safety of the people as the priority and would safeguard and allocate the resources to make that happen.

The bottom line: No matter where someone lives or what their zip code is everyone deserves access to a clean and safe non-toxic environment.