Chemical Disaster Prevention Program

Expanding the list of chemicals to bring more facilities under federal oversight has become a priority for environmentalists, explained Maya Nye, the federal policy director at Coming Clean, an environmental health nonprofit focused on chemical industry oversight. Being subject to Risk Management Program requirements, Nye said, “would have required [BioLab] to think about, ‘What is the emergency response plan? What may lead to a chemical disaster?’” Environmentalists fought hard to strengthen the EPA’s Risk Management Program to account for the impacts of extreme weather on chemical accidents. Thanks to the regulations finalized this year, facilities covered by the program will be required to consider, and map out, the potential hazards posed by climate change. But BioLab’s facilities, which fall outside of the program, will not.

NEW FACTSHEET In spring 2024, after a multi-year collective advocacy effort, the Environmental Protection Agency (EPA) finalized the “Safer Communities by Chemical Accident Prevention” rule which updated the Risk Management Program (RMP) rule “to further protect vulnerable communities from chemical accidents, especially those living near facilities in industry sectors with high accident rates.” You can read our high-level summary takeaways here.

Chemical safety advocates praised the EPA’s new requirements but added that the agency needs to go further, including by adding a notoriously explosive farm fertilizer – ammonium nitrate – to the list of chemicals that should require companies to develop risk management plans. Advocates also say EPA should have included more safety requirements and mandates for air monitoring at the fence lines of major facilities so nearby residents can see what chemicals are being released in real time.  “We’ve needed this rule for a long time,” said Maya Nye, executive director of chemical safety advocacy coalition Coming Clean. But she added that “additional measures are needed. Read more in Oil and Gas Watch News. 

The rule addresses a critical vulnerability in the protection of the country's waterways and communities. Thousands of facilities that manufacture, use and store some of the most dangerous chemicals brush up against waterways or are in flood-prone areas. The new policy comes after numerous disasters affecting drinking water supplies, wildlife habitats, and environmental justice communities that experience the brunt of extreme weather supercharged by climate change.  “We are thankful that this administration is finally taking long overdue action to protect workers and communities against chemical disasters. Communities of color and the poor, who are experiencing the worst of the climate crisis, are also on the front lines of the fight against policies that permit billions of pounds of pollution and concentrate the most dangerous industries in our communities” said Michele Roberts, National Co-Coordinator of the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA). “While we’re glad to see this rule taking steps in the right direction, we will continue to call on EPA to truly prevent disasters by transitioning away from inherently dangerous chemicals and processes as outlined in the Louisville Charter for Safer Chemicals.” 

On March 1, the U.S. Environmental Protection Agency (EPA) published updates to its Risk Management Plan (RMP) rule with stricter regulations for chemical accident prevention. The new rule is a result of listening sessions by the EPA in which industry, advocates, scientists and fenceline residents voiced their concerns. According to the new rule, facilities handling hazardous materials must consider safer technologies and practices, and the possibility of events caused by climate change in their emergency management plans. When a chemical incident occurs, the facility will have to undergo third-party testing to find the root cause and what could have prevented it. Any disconnection or disabling of air monitors in an emergency would be in violation of this rule and must be reported to the EPA. As a result, backup power options must be explored to prevent lack of emissions readings in events that result in the loss of power. To read a version of this story in Spanish click here. Haz clic aquí para leer este reportaje en español.

Pressure ramped up on the EPA last year after a network of environmental and economic justice organizations reported that hazardous chemical accidents have been occurring almost every day, on average, in the United States, exposing people to dangerous toxins through fires, explosions, leaks, spills and other types of releases. The network applauded the EPA’s actions this week. “We’re glad that EPA stood its ground despite strong industry pressure and required more [Risk Management Program] facilities to report on safer chemicals and processes that could be implemented to prevent chemical disasters,” Maya Nye, federal policy director for the environmental health collaborative Coming Clean, said in a press release. “This establishes an important precedent.” The Coming Clean report found hundreds of accidents happening each year, with the majority tied to the fossil fuel industry. Acknowledging the frequency of incidents, the EPA previously told The New Lede that over the past 10 years the agency has “performed an average of 235 emergency response actions per year, including responses to discharges of hazardous chemicals or oil.”

Hazardous chemical incidents such as explosions, fires, and toxic releases happen almost daily in the United States, often at fossil fuel facilities, and the Biden administration won praise on Friday for stepping up safeguards for impacted communities. Michele Roberts, co-coordinator of another coalition member, the Environmental Justice Health Alliance for Chemical Policy Reform, celebrated the EPA's new online database for RMP facilities, and highlighted that "communities have been asking for this information for decades. We have a right to know whether our houses, schools, and places of worship are threatened by a potential chemical disaster," she said. "We look forward to a time when a database on RMP facility and hazard information will no longer be needed because every facility will have transitioned to safe chemicals and processes, but in the meantime EPA making this critical information more accessible to communities is a huge step."

The U.S. Environmental Protection Agency (EPA) finalized critical updates to its Risk Management Program (RMP) rule today that will require covered facilities that use and store highly hazardous chemicals to better prevent, prepare for, and respond to disasters. The EPA also made non-classified information about RMP facilities publicly available online for the first time. Environmental health and justice advocates praised the new requirements and information access, while underscoring that EPA has the authority to take additional action outside of this rulemaking to protect communities and workers from toxic chemical harms.

Texas has more chemical disasters than any other state, according to the chemical incident database from the Coalition to Prevent Chemical Disasters. A recent report created using the database suggests that a chemical incident — such as a spill, an emission leak or an explosion — occurs every other day in the U.S. These disasters affect communities in a variety of ways, including road closures, shelter in place orders, emergency room visits and, depending on exposure, increased cancer risks. Those living within a mile or less radius of a chemical facility – known as fenceline communities – are the most vulnerable. The database reported that Texas had 49 incidents in 2023, with the Houston-Galveston area accounting for 26 of them. Texas has 1,558 facilities that handle hazardous chemicals, which is also more than any other state, according to the EPA. Leer en español

The majority of last year’s chemical incidents involved fossil fuels and fossil fuel-derived products. At least 47 incidents occurred directly at oil and gas extraction sites, while 83 incidents occurred at plastic and petrochemical manufacturing sites, according to the database. At least 48 chemical incidents occurred in transport, like the infamous East Palestine, Ohio train derailment, which spilled the petrochemical vinyl chloride. And at least 39 chemical incidents occurred at food and beverage storage facilities, most of which involved leakage of ammonia, a particularly toxic petrochemical that is responsible for about 1 to 2 percent of global carbon emissions. The data is important, activists say, because the petrochemical and chemical industries regularly downplay the harm their products inflict on communities. “The chemical industry consistently claims that incidents at hazardous facilities are isolated events,” said Deidre Nelms, the communications manager at environmental justice nonprofit Coming Clean, which helps manage the database. “But our data show that fires, explosions and releases involving hazardous chemicals are happening on a near daily basis.”

Hazardous chemical accidents are occurring almost daily, on average, in the United States, exposing people to dangerous toxins through fires, explosions, leaks, spills and other releases, according to a new analysis by non-profit researchers. The report, prepared by Coming Clean, in conjunction with a network of environmental and economic justice organizations in the Coalition to Prevent Chemical Disasters, documents what it calls an “alarming frequency” of accidents, and comes a month before US regulators are expected to release final rules aimed at preventing such incidents.

Over 825 hazardous chemical incidents – including fires, explosions and harmful chemical releases – have occurred since the beginning of 2021, and over 270 incidents have occurred this year alone, according to data published today by the Coalition to Prevent Chemical Disasters. Data included in the coalition’s online Chemical Incident Tracker is sourced from news reports. “Preventable chemical incidents are happening far too often across the country,” said Maya Nye, Federal Policy Director of Coming Clean, a member of the Coalition to Prevent Chemical Disasters. “Communities shouldn’t have to leave their homes, shelter in place, or worry for the safety of their air and water because chemical plants can’t contain their toxic chemicals. Hazardous facilities must be required to do more to protect workers and communities.”