A coalition has formed to challenge the Environmental Protection Agency’s planned delay in implementing new chemical safety rules.
According to a report in Earthjustice, the group includes advocates, “fence-line” community members, scientists and industry employees.
Earlier this month, the EPA finalized a rule that would delay implementation of the regulations until Feb. 19, 2019.
The safety measures were passed under the Obama administration and were partially inspired by a 2013 chemical plant explosion in West, Tx. The rules are a part of the EPA’s Risk Management Program and require plants to consider safety upgrades, undergo third-party audits, and coordinate emergency preparedness efforts with local first responders.
Advocates praised the rule for enhancing safety protocols. But critics pointed out that the measures would not have prevented an accident like the one that happened in West (which the U.S. Chemical Safety Board determined was caused by arson and poor chemical storage practices). Some parts of the rule also lack regulatory teeth, such as the safer technology stipulation, which only requires that plants consider upgrades but doesn’t mandate that they purchase anything new.
The group petitioning the D.C. Circuit Court, however, argues that the rules would prevent chemical accidents.
“Preparation for an emergency in these situations, particularly in overburdened communities like ours along the Houston Ship Channel, can be the difference between life and death,” Dr. Bakeyah Nelson, executive director of Air Alliance Houston, said.
Earthjustice reports that there were 2,200 accidents at chemical facilities between 2004 and 2013 — 1,500 of which caused injuries. All told, 59 fatalities were also associated with chemical accidents during that time.
