Chemical Disaster Prevention Program

Nationally, health advocates have long called for stronger prevention on chemical threats. Last year, they urged the U.S. Environmental Protection Agency to strengthen its Risk Management Plan Rule, which is meant to protect the millions of Americans living near high-risk chemical facilities. Among the changes advocates want: push facilities to adopt safer chemicals and processes, and require broad disclosure — in multiple languages — about chemicals stored on site. EPA is expected to issue a final rule in August. “Until EPA takes up measures like these, we’ll see incidents like East Palestine happen over and over,” Maya Nye, PhD, federal policy director for Coming Clean, an environmental health nonprofit, told The Nation’s Health.

There is a chemical explosion, fire or toxic release every other day in this country. "That is just too much," said Dr. Maya Nye, Federal Policy Director of Coming Clean. "You can't smell cancer- these chemicals can do harm, either immediately or over a period of time." The Coalition to Prevent Chemical Disasters is calling for stronger EPA regulations, including mandating facilities to switch to safer alternatives. 

The unusually high profile of the East Palestine derailment — which prompted the railroad to send a massive black plume into the air, went viral on social media and became a political flash point — drew national attention to federal rules governing toxic chemicals, railroad safety and chemical transport. While activists who talked to The Washington Post said heightened awareness of chemical risks is good, watching an emergency unfold can also be difficult. “Every time they happen, they remind you of the disasters that you’ve experienced,” said Maya Nye, a West Virginia activist and federal policy director at Coming Clean, a nonprofit organization that advocates for preventing chemical disasters. “It’s just yet another reminder of the protections that aren’t there that people in my community have been fighting for for so long,” Nye said. Some have also noted that the incident in East Palestine, a majority-White town of 4,700 people, drew more attention than those in their communities of color. In Houston, advocates’ frustration was compounded by the news that some of the toxic waste excavated in East Palestine would be trucked to a Southeast Texas facility. “We have become the dumping ground for the rest of the nation,” said Ana Parras, co-director of the Houston-based group Texas Environmental Justice Advocacy Services, which advocates for people living near rail tracks and chemical facilities. Her organization and others protested the movement of the derailment waste to Harris County, Tex.

Five weeks after the Norfolk Southern train disaster in the small town of East Palestine, Ohio, the company’s CEO Alan Shaw was grilled on Capitol Hill Thursday about the February 3rd derailment and so-called controlled burn that blanketed the town with a toxic brew of at least six hazardous chemicals and gases, including vinyl chloride, which, when heated, becomes phosgene, the World War I chemical weapon. The company has evaded calls to cover healthcare costs as residents continue to report headaches, coughing, fatigue, irritation and burning of the skin. For more on the ongoing fallout from the toxic crash, and its roots in the plastics industry, we are joined by Monica Unseld, a biologist and environmental and social justice advocate who has studied the health impact of endocrine-disrupting chemicals used in plastics like those released in East Palestine.

Since 2010, there have been at least 40 chemical incidents worldwide involving vinyl chloride and PVC.  These have occurred at 29 facilities worldwide, including a dozen chemical factories in the U.S.  Fires, leaks, and explosions killed at least 71 people and injured 637 people. Many more people, animals, and plants have been harmed over the long-term. Material Research today published a chronology and map of these incidents in collaboration with Coming Clean, in support of the Coalition to Prevent Chemical Disasters.

In the wake of the East Palestine, Ohio train derailment, Governor Mike DeWine called on Congress to look into why the rural village didn’t know ahead of time they had volatile chemicals coming through town. “We should know when we have trains carrying hazardous materials through the state of Ohio,” DeWine said at a press conference. This information is out there, but it’s probably not what the governor had in mind. With the derailment of the Norfolk Southern train receiving international attention, more railroad communities are now asking what is traveling through their backyard. Stephanie Herron, a national organizer with the collective Environmental Justice Health Alliance for Chemical Policy Reform said in a statement that neighboring communities refuse to accept these events as a fact of life. “These issues aren’t new to the people who live near hazardous facilities who have been speaking up about the urgent need to transition to safer chemicals to prevent disasters in their communities,“ Herron said. “What’s new is that more people are paying attention.”

Mike DeWine, the Ohio governor, recently lamented the toll taken on the residents of East Palestine after the toxic train derailment there, saying “no other community should have to go through this”. But such accidents are happening with striking regularity. A Guardian analysis of data collected by the Environmental Protection Agency (EPA) and by non-profit groups that track chemical accidents in the US shows that accidental releases – be they through train derailments, truck crashes, pipeline ruptures or industrial plant leaks and spills – are happening consistently across the country. By one estimate these incidents are occurring, on average, every two days. For Eboni Cochran, a mother and volunteer community activist, the East Palestine disaster has hardly added to her faith in the federal government. Cochran lives with her husband and 16-year-old son roughly 400 miles south of the derailment, near a Louisville, Kentucky, industrial zone along the Ohio River that locals call “Rubbertown.” The area is home to a cluster of chemical manufacturing facilities, and curious odors and concerns about toxic exposures permeate the neighborhoods near the plants.

 A new map released by the Coalition to Prevent Chemical Disasters today shows that the toxic train derailment in East Palestine, Ohio is one of at least 224 incidents involving hazardous chemicals – including toxic releases, fires and explosions – that have occurred since January 1, 2022. The map will be periodically updated through the year to reflect new chemical incidents. 

On Monday, October 31st, 2022, 86 organizations, including Coming Clean and the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA) submitted a joint public comment to the U.S. Environmental Protection Agency on proposed revisions to its Risk Management Program (RMP) rule. The EPA intends these revisions to “make communities safer by reducing the frequency of chemical releases and their adverse effects.” But in their comment letter, the organizations stress that the proposed rule is too weak to prevent future chemical disasters. “Fenceline communities, facility workers, and a wide variety of experts have demonstrated conclusively to EPA that voluntary measures are not working to prevent chemical incidents,” states the letter. “There is abundant evidence available to EPA of policies and methods proven to reduce and remove hazards. EPA needs to finally deliver the basic and common-sense protections that communities, workers, and safety experts have been seeking for too long.”

On September 26-28, 2022 the EPA held a set of public hearings on proposed changes to its Risk Management Plan rule, which regulates approximately 12,000 facilities that use or store hazardous chemicals nationwide. Our members, staff, and partners turned out in force to speak in favor of strengthening the rule to prevent chemical disasters. Here’s what they had to say:

Acrid smoke filling barely breathable air. School buildings shaking as students and teachers sheltered in place. First responders fighting fires over multiple days, and at a disadvantage due to the hazardous chemicals present. This was just some of the havoc wrought by three dangerous incidents at chemical facilities that occurred within a two-week span in January 2022, all of which caused significant harm to workers and communities. A timely joint report by Coming Clean and the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA) analyzes these incidents and uses them as a lens to address the adequacy of the Risk Management Plan (RMP) rule, the U.S. Environmental Protection Agency’s (EPA) primary regulation intended to prevent chemical disasters. And, as EPA has recently proposed revisions to the RMP rule, Coming Clean and EJHA identify where EPA needs to do better in order to achieve its stated goal: protecting communities and advancing environmental justice.

Maya Nye felt the boom that changed her life from a mile away. Then a fire truck went down her one-way street announcing that a shelter-in-place order had taken effect and to shut all doors and windows. Nye, then 16, sheltered in place like she had been taught in school, but the duct tape she put up to cover the cracks around the door and windows didn’t work. The smell infiltrated her house. An explosion at the Institute chemical plant then owned by former French chemical company Rhône-Poulenc killed one worker and injured two others who were in a unit for the insecticide methomyl. It was Aug. 18, 1993 — nearly nine years after a leak of highly toxic methyl isocyanate from a Union Carbide pesticide plant in Bhopal, India, killed thousands of people and caused permanent disabilities or premature death for many thousands more. “My life was forever changed,” recalled Nye, who became a chemical safety advocate and is now federal policy director for Coming Clean, a chemical industry-focused environmental health nonprofit.