There’s some significant news out this week, with the U.S. Environmental Protection Agency agreeing in a settlement with citizen groups to write a major new chemical plant safety rule. Here’s what the Natural Resources Defense Council said in a press release:
The Environmental Protection Agency will put in place new safeguards to help protect communities from dangerous chemical spills at tens of thousands of industrial facilities nationwide, under the terms of a legal settlement approved by a federal district court in New York. The agreement is meant to strengthen protections as called for by Congress more than four decades ago.
You can read the legal settlement here.
Last July, Environmental Justice Health Alliance for Chemical Policy Reform (EJHA), People Concerned About Chemical Safety, and the NRDC sued EPA alleging that the agency had failed to prevent hazardous substance spills from industrial facilities, including above-ground storage tanks. NRDC explained:
The settlement between the groups and EPA, approved by the federal district court for the Southern District of New York, requires EPA to begin a rulemaking process immediately and to finalize spill prevention rules within three and a half years. The forthcoming protections will cover over 350 hazardous chemicals, and will apply broadly to tens of thousands of industrial facilities across the country.
There are thousands of hazardous substance spills each year from industrial facilities that are not subject to any hazardous substance spill prevention rules, according to United States Coast Guard data from the last ten years. Chemicals released in industrial spills can contaminate waterways, and exposure to these substances can be dangerous, and in some instances, fatal.
Pam Nixon, spokeswoman for PCACS, said:
It is unfortunate that it took a lawsuit to get EPA to agree to set spill prevention rules. Uniform federal safeguards for above-ground storage tanks and secondary containment will better protect not only public drinking water systems, but also the groundwater for households using private wells.
But keep in mind, as explained in a legal filing in the case:
The chemical involved in the Freedom Industries spill is not listed as a hazardous substance under the Clean Water Act … and thus would not be covered under the hazardous-substance regulations plaintiffs seek in this case. But the Freedom industries spill brought to national attention the broader threat posed by the lack of spill-prevention regulations for chemical storage facilities like above-ground storage tanks.