The U.S. Environmental Protection Agency (EPA) has announced a settlement with Oxy Vinyls, LP, resolving violations of hazardous chemical reporting laws at its Pedricktown, New Jersey facility. The $113,000 civil penalty follows the company’s delayed reporting of a vinyl chloride release in May 2023—an incident tied to corporate responsibility and environmental justice concerns in the wake of the 2023 toxic train derailment in East Palestine, Ohio.
Oxy Vinyls, the chemical arm of Occidental Petroleum, failed to immediately report the release of 53.8 pounds of vinyl chloride—a carcinogenic chemical used in PVC production. Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Emergency Planning and Community Right to Know Act (EPCRA), companies must promptly notify local and national authorities when hazardous substances exceed reportable quantities.
According to the EPA, Oxy Vinyls did not notify the National Response Center or local emergency planning committees until more than a week after the May 30 release. Vinyl chloride is highly toxic, and the reportable limit is just one pound. “EPA is committed to ensuring that regulated facilities comply with the ‘Right to Know’ law, which requires the accurate reporting of chemical storage, use, and releases,” said Lisa F. Garcia, EPA Regional Administrator. The agency underscored that these reporting obligations are vital for community safety and environmental protection.
The settlement arrives in the aftermath of the East Palestine disaster, where a train carrying vinyl chloride—supplied by Oxy Vinyls—derailed, leading to the incineration of the chemical and the release of hazardous compounds, including dioxins. The derailment triggered mass evacuations and raised fears about long-term health impacts. Communities of color and low-income residents living near PVC manufacturing plants—many in “Cancer Alley”—are particularly vulnerable, facing elevated risks from accidents and chemical exposure.
Mike Schade, director of Toxic-Free Future, has long criticized Oxy Vinyls and other chemical manufacturers for their role in perpetuating environmental hazards. “PVC is a poison plastic from production to disposal. It’s time for stricter enforcement of safety laws and accountability for companies putting communities at risk,” he said.
Though the EPA’s settlement penalizes Oxy Vinyls for its reporting violations, some environmental advocates argue that a $113,000 fine is insufficient given the scope of the potential harm. Oxy Vinyls is a major player in the petrochemical industry, with plants in Texas, New Jersey, and Louisiana. In 2021, the company reported releasing nearly 60,000 pounds of vinyl chloride into the air at its facilities.
Environmental groups like Beyond Plastics call for stronger action, including a complete ban on PVC, citing its significant health risks. The organization’s president, Judith Enck, said, “This derailment should serve as a wake-up call. The EPA needs to take bold action to ban vinyl chloride and eliminate the risk to communities across the country.”
In response to the derailment, the EPA is conducting additional tests on soil and air quality in East Palestine and neighboring areas, including farms that may have been exposed to dioxins. Local officials have also started testing plant tissue from nearby farms to assess the contamination risks in the food supply. Although initial tests have indicated that dioxin levels are below federal thresholds, experts like Schade warn that persistent chemicals like dioxins require long-term monitoring.
Oxy Vinyls has committed to retraining its staff on proper chemical notification procedures as part of the settlement. However, environmental advocates remain skeptical about whether this will prevent future incidents, emphasizing that more stringent regulations and oversight are needed to ensure the safety of both workers and residents.
