Private Law Has Failed to Hold Chemical Facilities Accountable During Disasters

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Private Law Has Failed to Hold Chemical Facilities Accountable During Disasters
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A group of national security and environmental experts urged the EPA to issue stronger and stricter regulations to protect Americans from chemical accidents that may be caused by natural disasters, among other factors.

Recently, a group of national security and environmental experts, including former Environmental Protection Agency Administrator Christine Todd Whitman, former Occupational Safety and Health Administration head David Michaels, and retired United States Army Generals Russel Honoré and Randy Manner, wrote to EPA Administrator Michael Regan.

The RMP rule requires facilities that store hazardous substances to have emergency responses in place in the event of a chemical accident. On May 26, the EPA announced that two virtual public listening sessions will be held on the agency’s RMP rule. These sessions will offer interested people the opportunity to present information and provide comments with regard to the revisions made to the RMP rule since 2017.

The aftermath of the toxic flooding was heart-wrenching — 88 victims and thousands of families were left without a home. More than 650 chemical facilities in Texas were at risk of releasing hazardous substances due to the flooding, and approximately 100 chemical and oil leaks were reported following the hurricane.

Policy makers should not assume that present weather conditions or the physical infrastructure of chemical facilities will remain the same, so they must build adaptability and resilience into emergency planning scenarios. Similarly, they should not assume that chemical facilities that have not experienced a hazardous substance leak in the past will not have to deal with one in the future.

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