University of Montana ScholarWorks at University of Montana Graduate Student Theses, Dissertations, & Professional Papers Graduate School 2001 Toxic trains : An analysis of disclosure in the April 11 1996 Montana Rail Link derailment and mixed chemical spill at Alberton Montana and recommendations for improving the community right-to know Hope Young Sieck The University of Montana Follow this and additional works at: https://scholarworks.umt.edu/etd Let us know how access to this document benefits ou.y Recommended Citation Sieck, Hope Young, "Toxic trains : An analysis of disclosure in the April 11 1996 Montana Rail Link derailment and mixed chemical spill at Alberton Montana and recommendations for improving the community right-to know" (2001). Graduate Student Theses, Dissertations, & Professional Papers. 8900. https://scholarworks.umt.edu/etd/8900 This Thesis is brought to you for free and open access by the Graduate School at ScholarWorks at University of Montana. 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Toxic Trains: An Analysis of Disclosure in the April 11,1996 Montana Rail Link Derailment and Mixed Chemical Spill at Alberton, Montana and Recommendations for Improving the Community Right-to-Know by Hope Young Sieck B.A., Swarthmore College, 1994 Presented in partial fulfillment of the requirements F or the d ^ r e e of M aster of Science University of Montana 2001 Approved by Chairman, Board of Examiners Dean, Graduate School Date Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. UMI Number: EP39701 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. UMT Dissariation Publishing UMI EP39701 Published by ProQuest LLC (2013). Copyright in the Dissertation held by the Author. Microform Edition © ProQuest LLC. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code uest ProQuest LLC. 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 4 8 1 0 6 - 1346 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Sieck, Hope Y., M.S., May 2001 Environmental Studies Toxic Trains: An Analysis of Disclosure in the April 11,1996 Montana Rail Link Derailment and Mixed Chemical Spill at Alberton, Montana and Recommendations for Improving the Community Right-to-Know Chairman: William Chaloupka On April 11, 1996 a Montana Rail Link train derailed just west of Alberton, Montana releasing 64.8 tons of chlorine, 17,000 gallons of potassium cresylate and 85 pounds of sodium chlorate. The largest mixed chemical spill in U.S. railroad history, the Alberton derailment created a suite of health problems and unanswered questions which continue to plague victims. This paper will describe how victims of the Alberton spill were impacted negatively by a pattern of non-disclosure by Montana Rail Link and government officials regarding chemical exposure and resulting health effects. Recommendations for enhancing the community right-to-know in the realm of hazardous materials transportation to foster accident prevention using a combination of legal, political and community organizing tools will be presented. Chapter 1 analyzes the events of the Alberton derailment and mixed chemical spill, from the April 11 beginning to the April 28 officially sanctioned re-entry into the spill zone, for timely and thorough disclosure of information to spill victims. Attention is focused on the identification of chemicals spilled, reactions between chemicals spilled, and resulting short and long-term health effects. Chapter 2 discusses how a lack of disclosure prevented adequate testing to determine the chemical content of the spill and human exposure. Chapter 3 addresses how incomplete disclosure prevented spill victims from acquiring proper medical diagnosis and treatment of their illnesses. Chapter 4 examines the aftermath of the incident when the lead agency, Montana Department of Environmental Quality, confronted ongoing health problems and questions stemming from incomplete disclosure. Chapter 5 outlines hazardous materials transportation law and regulation, identifying opportunities for accident prevention by states and localities. Chapter 6 describes the concept of community right-to-know, its history, and current legal applications, particularly the Emergency Planning and Community Right-to-Know Act and the Risk Management Program (§112(r)) of the 1990 Clean Air Amendments. Finally, a case study of the Missoula County Local Emergency Planning Committee is presented in Chapter 7 to examine how localities can increase disclosure of risk from hazardous materials transporters and use that information to prevent accidents. 11 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. PREFACE April 23,1996 Excerpt of Letter to Mark Simonich, Director of Montana Department of Environmental Quality. From Gary Shockey of Spence, Moriarity and Schuster, Attorneys at Law, Jackson, WY.' Emphasis added. I believe the situation near Alberton presents a unique opportunity to minimize the harmful effects o f uncertainty on the population,..Pcs I speak to individuals, it is evident to me that they are experiencing significant uncertainty about their exposures. It seems the only thing made certain the them as of April 20, 1996, is that they have been exposed to chlorine. That morning, Saturday, they were informed through newspaper accounts of the general nature of other chemical agents tat they were probably exposed to. While I am aware of the daily meetings that have been conducted, it does not appear that adequate information has been provided, or if provided, not in a format clearly understandable. I am writing to request immediate release of, and immediate access to, all pertinent testing, monitoring and other data that has been generated with respect to the identity of and amounts of chemicals involved in this matter. The people are entitled, as soon as possible, to the opportunity resolve questions like: What was I exposed to? How much o f it was I exposed to? How long was I exposed? How much was at my house or nearby and for how long? What are the likely effects from a health standpoint? These and scores o f other questions cannot even begin to be resolved without full and total disclosure o f the data immediately. If indeed the railroad has represented that discussions of “settling up” may occur shortly after people are allowed to return, this underscores the need for immediate disclosure of all information. Individuals and families cannot be expected to make informed, reasonable decisions about “settling up” without full disclosure of all pertinent facts for them to analyze. Ill ‘Gerry Spence is well known for representing Karen Silkwood and other citizens harmed by corporate toxic disasters. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Acknowledgements My deepest thanks to the injured and exposed citizens of Alberton who, in order to understand their injuries and protect their health, stepped into the void left by Montana Rail Link and government agencies and advocated ceaselessly for their community. Their vision to see beyond their own pain to the broader injustice, their strength and courage to assist friends and neighbors, and their commitment to tell their story to prevent similar disasters are an inspiration. Many thanks to the members of Alberton Community Evacuees (ACE) and the Alberton Community Coalition for Environmental Health (ACCEH) and their families who were generous enough to open their homes and lives to me and share their experiences: Lucinda Hodges, Debra Griffin, Beverly Ridenour, Parris Young, Dixie Robertson, Robie Flynn, Ed Zachary, Kurt McComb, Tammy and Randy Kryzsko, Deborah Janacaro, Ada and Roger Chalmers, Katina and Rick Maedje and many others. Gratitude also goes to Bryony Schwan, Women’s Voices for the Earth and Darrell Geist, Cold Mountain Cold Rivers and Montana Coalition for Health, Environmental and Economic Rights, for recognizing the enormity of the Alberton situation and supporting my initial work with the Alberton community. Darrell Geist’s continued assistance to ACCEH has been irreplaceable. Jim Parker assisted with the initial community organizing and organizational development of Alberton Community