Workers, first-responders, and fenceline communities need stronger protections from chemical disasters

The EPA administers the Risk Management Program (RMP), which regulates industrial facilities that use, store, and/or manage highly hazardous chemicals. This program has a notorious history of failing to prevent serious chemical disasters — over 2,430 harmful incidents have occurred under the existing rules in the United States since 2004.

Recently, the EPA proposed a new rule which would reform the RMP. The RMP regulates about 11,760 chemical facilities, including chemical manufacturers, oil refineries, water treatment plants, industrial agriculture facilities, and pulp and paper mills. At least a third of these facilities are at high risk of exposure to wildfires, storm surges, flooding, and sea level rise — the severity of which is worsening dramatically as the climate changes. Yet, EPA’s current regulatory program neither directly addresses climate change nor requires these facilities to take any specific actions to protect people from the cascading effects of natural disaster-related chemical releases. If this new proposal becomes a regulation, it will require companies to assess climate risks and report on their plans for responding to a worst-case double disaster incident for the first time.

Chemical disasters are a serious problem in the United States. 177 million people in the United States live in worst-case scenario zones for chemical catastrophes. About 156 hazardous fires, explosions, or other harmful chemical incidents occur at industrial facilities every year on average, according to EPA data from 2007 to 2016. The reported incidents are just the tip of the iceberg, as reports of near misses and even some disasters are delayed or even go unreported.

Workers and members of the public have been calling for meaningful reform for years. Fenceline communities — people who live near major industrial sites — have demanded government action to end the “second storm” of pollution. (Parras 2)

After Earthjustice won a case against the Trump-Pence administration for unlawfully delaying implementation of the 2017 Chemical Disaster Rule, the prior EPA responded by issuing a rollback of these important protections. Fortunately, the Biden-Harris administration has recognized the need to review and improve this program. New rules must do more than just restore the regulations from 2017 — it is essential to strengthen them. Take action today to show your support for the EPA’s proposal to reform the Risk Management Program to address chemical disasters and call for improvements to the proposal to ensure the strongest possible protections for workers, first-responders, and fenceline communities.