EPA FOIA Confirms Faulty Soil Sampling in East Palestine

The Government Accountability Project has revealed an EPA letter that confirms allegations that East Palestine baseline samples were collected from areas contaminated by the “controlled” chemical burn on February 6, 2023. Additionally, the letter from EPA’s Region 5 on-scene coordinator calls for the removal of five key chemical compounds from the soil testing plan.

“EPA’s soil sampling strategy was never about finding the truth—it was about negligently allowing flawed testing to support the false and deceptive Norfolk Southern narrative,” said Lesley Pacey, Senior Environmental Officer at Government Accountability Project. “Because EPA ignored reverse wind patterns on the day of the vent and burn, the entire evacuation plan and soil sampling plan appear to be invalid, putting residents in harm’s way during the illegal open burn and concealing the full extent of dioxin contamination in East Palestine. This is smoking gun proof that EPA deceived the public by allowing Norfolk Southern to move the goal posts.” 

The HighWire reported last year about the alleged EPA cover-up after speaking with GAP whistleblower Scott Smith, who has gone to the disaster site dozens of times to independently test soil samples. Smith revealed concerning results that still continue to impact the health of residents in East Palestine and residents who moved away from the site shortly after the vent and burn took place 2.5 years ago.

The letter from Ralph Dollhopf, dated March 7, 2023, was sent a day after Norfolk Southern contractor Arcadis released the first phase of its soil sampling plan. The sampling plan states, “Samples will be collected from a minimum of 16 background locations outside the 1-by-2-mile area, and upwind from the incident site at the time of the vent and burn based on consultation with USEPA.”

Background samples, also referred to as “baseline samples,” are intended to provide control samples that have not been contaminated. This would allow reliable data to compare soil samples collected from areas that were heavily contaminated following the burning of vinyl chloride that sent a toxic plume over the skies of East Palestine and 16 states.

The letter calls for an addition to the background sampling section of the plan. It states, “EPA may direct NSR to include homes immediately adjacent to the Incident Location depicted on Figure 1. EPA may direct NSR to include additional representative agricultural lands outside the I-Mile by 2-Mile Area.”

Homes immediately adjacent to the disaster site will be contaminated and not provide a reliable background sample.

“EPA updated that plan to add a directive to collect more baseline soil samples at locations heavily hit by the toxic plumes,” GAP wrote in a press release. “It is widely known that baseline samples must come from unpolluted areas to ensure an accurate measurement of normal environmental conditions. Otherwise, the “baseline” is meaningless, making it impossible to meaningfully evaluate the presence, concentration, or danger of contaminants and chemical detections above, at, or below normal levels.”

GAP states that the letter confirms the suspicions of several whistleblowers, including Smith, Stephen Petty, and several confidential unnamed whistleblowers, including a former EPA contamination remediation specialist and a dioxin expert.

Petty was retained by attorneys in the class action lawsuit against Norfolk Southern to collect independent samples from the disaster site. Petty’s results have never been shared with the public and he is bound by a nondisclosure agreement.

In September, Petty signed a sworn declaration to GAP “under penalty of perjury that the following is true and correct.” Petty’s declaration said “I am speaking out today to make a record of my support for independent testing expert and Government Accountability Project whistleblower Scott Smith’s work, who found elevated levels of dioxins, semi volatile organic compounds, and PAHs during multiple rounds of testing in and around East Palestine, Ohio following the train derailment, subsequent burns and open detonation of five train cars containing vinyl chloride. Following my initial review of Smith’s environmental data and testing methodologies, I have no reason to question the validity of his environmental testing and sampling work he completed in and around East Palestine, Ohio.”

Class-action attorneys who represented the residents and former residents of East Palestine harmed by the toxic chemical plume also hired Dr. Arch Carson, who told plaintiffs they can expect no long-term health impacts from the chemical exposure. Dr. Carson is a toxicologist at Environmental Medicine Consultants in Cincinnati, but he also has a resume that includes positions at Dow Chemical, Enbridge, Chevron, and Exxon Mobil. Dr. Carson did not personally conduct any testing in East Palestine, but his statements prompted Petty to make a statement supporting Smith’s independent testing results.

Petty’s declaration continued, “He was basically saying that there was really nothing to see there. My opinion, based on my long-time knowledge as an exposure expert on hundreds of cases, and a review of publicly available data and the lack of supporting analyses he provided, is that his opinions were, in general, at best speculation, and at worst simply incorrect.”

In a statement to GAP, Petty explained the key problem with the soil sample plan created by Arcadis and modified by the EPA on-site coordinator. “Nobody acknowledged the winds changed near the time of the ‘controlled burn,’” Petty said. “This calls into question the entire sampling plan, let alone the decision by the incident commanders to initiate the burn. Acknowledging this would call into question their entire decision-making process. Where were Norfolk Southern, Arcadis, and the EPA in evaluating wind patterns on 2/6/2023?”

Smith encouraged victims of the toxic plume to contact attorney Mindy Bish at Keenan Law Firm to ask about their legal rights in the aftermath of the latest revelations. Residents who participated in the class action lawsuit would typically lose their right to independently sue for harms caused by the incident. However, this letter indicates that malice or extreme negligence occurred, and the information was not disclosed at the time residents opted in or out of the class action suit.

There were 55,000 claims as part of the class action, while 370 households and 47 businesses opted out of the settlement. People in East Palestine have experienced serious health conditions, including death, stage 4 lung cancer, dementia, miscarriages, and more. Residents continue to experience ongoing symptoms despite reassurances from Dr. Carson and others that long-term adverse health effects are unlikely.

A new lawsuit against Norfolk Southern has been filed in the U.S. District Court for the Southern District of Illinois by eight residents alleging the company’s negligence has caused and “will continue to cause substantial damages.