EPA: Whistleblower complaint about air monitor delay for East Palestine burn unfounded

EPA ASPECT Aircraft

 A new report from the U.S. Environmental Protection Agency's internal oversight office indicates the agency followed its established procedures for deploying a specialized air monitoring aircraft during the 2023 East Palestine train derailment. However, the report also notes that the procedures for using this aircraft are not widely known, which could affect decision-making during emergencies.

The EPA's Office of Inspector General (OIG) released its findings Monday after a review following a complaint that the Airborne Spectral Photometric Environmental Collection Technology (ASPECT) aircraft was not deployed according to standard practice and that a delay in its activation contributed to a controlled burn of hazardous materials.

The OIG’s evaluation determined that EPA and its contractors followed existing practices for deploying the ASPECT aircraft. The plane was sent out when requested by the EPA on-scene coordinator (OSC) and departed within the 90-minute timeframe outlined in its contract for non-business hours. The report concluded there was no evidence of a delay in the aircraft's deployment.

According to the OIG, the lead EPA OSC arrived in East Palestine on the morning of Feb. 5, 2023, and initially assessed that ground-level air monitoring provided adequate data. Later that evening, around 10:30 p.m. EST, the OSC requested the ASPECT aircraft to monitor a controlled burn of vinyl chloride-containing railcars planned for the following day.

The ASPECT aircraft departed from Addison, Texas, at 12:34 a.m. EST on Feb. 6, 28 minutes after the mission order was issued. However, the EPA reported that the aircraft did not fly over the derailment site on Feb. 6 due to pilots' safety concerns regarding low-hanging clouds and icing conditions. The aircraft conducted two flight missions on Feb. 7, the day after the controlled burn. The EPA stated that data collected from the aircraft indicated a successful controlled burn.

Despite finding that existing practices were followed, the OIG identified that the written procedures for ASPECT deployment are not broadly understood among involved personnel. The report suggests this lack of clarity could hinder emergency response decisions.

The OIG provided four recommendations to the assistant administrator for Land and Emergency Management:

• Create a formal, written procedure for ASPECT deployment.
• Provide regular training on this procedure to EPA on-scene coordinators.
• Establish a contact system to ensure timely requests for and responses to ASPECT deployment.
• Update and share the ASPECT fact sheet to include a full description of its capabilities with on-scene coordinators.

The EPA has agreed with these recommendations and has developed corrective actions, some of which are already in progress.

The ASPECT aircraft is EPA’s only airborne platform that provides real-time chemical and radiological detection, as well as infrared and photographic imagery. It is always available and can begin collecting data at any site in the continental United States within nine hours of leaving its base. EPA has used the ASPECT aircraft more than 170 times since 2001.

The East Palestine train derailment on Feb. 3, 2023, involved numerous railcars, with some carrying hazardous materials. A controlled burn of vinyl chloride was conducted on Feb. 6 due to concerns about a potential explosion.

A subsequent National Transportation Safety Board report, dated June 25, 2024, later stated that the controlled burn was not necessary to prevent an explosion.

The entire EPA OIG report may be viewed below: