Late last week, hundreds of organizations and people sent a letter to President Obama warning that his administration is running of time to act on an issue long-identified by the president as essential to our national security and public safety: protecting our people from the dangers of accidents or deliberate attacks at U.S. chemical plants.
I signed this letter, along with leaders including retired Army General Russel Honore, the commander of Task Force Katrina, and 9/11 widow Kristen Breitweiser, and organizations including the Environmental Justice Health Alliance, United Steelworkers, Sierra Club, and Greenpeace.
I have been involved in the effort to get our government to act on this issue for more than a decade, but the basic problem identified in an op-ed I co-authored in The New York Times 11 years ago has not changed. There was then -- and there is now -- a real risk of another terrible chemical catastrophe, like India's massive Bhopal tragedy. In the wake of the 9/11 attacks, it seemed clearer than ever that such a chemical disaster could be triggered not only by accident but also by terrorists. As President Bush's director of the Environmental Protection Agency, Christine Todd Whitman, recognized then, the public would be better protected if industrial facilities moved away from hazardous chemicals and toward safer alternatives where feasible.
Some companies, like Clorox, have taken responsibility and embraced these changes. But others, like Koch Industries, have lobbied heavily in Washington to prevent common-sense reforms. As a result, Americans remain at serious risk.
As a senator, Barack Obama was a leading advocate of changes to prevent chemical disasters; he called these facilities "stationary weapons of mass destruction spread all across the country." After an April 2013 ammonium nitrate explosion killed 15 people and injured 160 more in West, Texas, President Obama ordered new measures, and a group of federal agencies have been developing new rules. We don't know yet how strong these rules will be, but we do know now that the agencies have set a timetable that seems to be too slow to ensure progress. The next president may not share President Obama's concern with this serious national security issue, or his determination to take on special interests in order to get real reforms.
We hope the president will heed our call, and act promptly. Below is the text of the letter.
The President
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500March 19, 2015
Dear Mr. President:
We write to strongly urge you to take prompt and decisive action to address a danger you have highlighted for a decade - the threat to our communities and workers from accidents or deliberate attacks on U.S. chemical plants. Your Administration is running out of time to make a real difference on this critical issue.
We were grateful when, after the tragic West, Texas disaster in April 2013, you issued Executive Order (EO) 13650, "Improving Chemical Facility Safety and Security," that directed federal agencies to modernize safety regulations. As a result, the U.S. Environmental Protection Agency (EPA) is considering revisions to its Risk Management Program (RMP) regulation, but has postponed proposing changes until September. We believe that this schedule will jeopardize finalizing a rule before you leave office and therefore needs to be accelerated.
Your past leadership on preventing chemical disasters has been unparalleled. The millions of men, woman and children living, studying, playing and working within high risk zones near hundreds of chemical facilities are counting on you to prevent future tragedies. To ensure that new rules do take effect, they must be finalized well in advance of the end of your administration's term in office.
EPA's RMP data, first reported in 1999, exposed the overwhelming danger of these hazards to workers, first responders, children, and surrounding communities. In 2006, as a U.S. Senator, you stated emphatically that "these plants are stationary weapons of mass destruction spread all across the country." According to a December 2014 Congressional Research Service analysis, 466 of these facilities each put 100,000 or more people at risk of a catastrophic disaster.
Fortunately, safer cost-effective chemical processes are widely available. Since 2001, hundreds of chemical facilities have switched to safer chemical processes and eliminated these risks to 40 million people in 47 states. For example, in 2012, the Clorox Company completed conversion of all of its U.S. facilities to a safer manufacturing process. While this is encouraging, reliance solely on voluntary efforts has left more than 100 million people in the U.S. at risk of death or injury because they live and work inside "vulnerability zones" surrounding the high-risk chemical facilities.
Section 112(r)(7)(A) of the Clean Air Act provides the EPA with rule-making authority to prevent future tragedies by requiring chemical facility owners and operators to use, where feasible, safer processes that will reduce or eliminate the potential for a catastrophic chemical incident. Safer processes are the only foolproof way to eliminate or dramatically reduce the loss of human life in such an event, whether it is triggered by an accident, natural disaster, or terrorism.
These catastrophic hazards became obvious following the 9/11 attacks and after every attack since. In 2002, the EPA under then-Administrator Christine Todd Whitman proposed using the Clean Air Act's disaster prevention authority to make chemical facilities "inherently safer by reducing quantities of hazardous chemicals handled or stored, substituting less hazardous chemicals for extremely hazardous ones, or otherwise modifying the design of processes to reduce or eliminate chemical hazards." Tragically, the Bush administration, under pressure from special interest lobbyists, scuttled this proposal.
In your 2008 book Change We Can Believe In you promised, "An Obama Administration will...[s]ecure our chemical plants by setting a clear set of federal regulations that all plants must follow, including improving barriers, containment, mitigation and safety training, and wherever possible, using safer technology, such as less toxic chemicals."
On April 3, 2012, Governor Whitman wrote EPA Administrator Lisa Jackson urging the use of "authorities you can apply to reduce these hazards before a tragedy of historic proportions occurs." And following the West, Texas, disaster, then-EPA Administrator Jackson told MSNBC, "We need to use the authority we have now."
Due to the billions of dollars of potential liability, the Association of American Railroads issued a statement in 2008 saying: "It's time for the big chemical companies to do their part to help protect America. They should stop manufacturing dangerous chemicals when safer substitutes are available..." More recently, the U.S. Chemical Safety Board recommended in its May 1, 2014 final report on the 2010 Tesoro refinery disaster that the EPA issue new rules under the Agency's Clean Air Act authority
We respectfully urge you to use your authority to expedite finalizing a rule that will eliminate these potentially catastrophic hazards wherever feasible. As organizations committed to this objective, we look to your office to ensure that this critical rule is finalized as soon as possible.
Thank you for your leadership on this important issue.
Respectfully,
Kristen Breitweiser
9/11 WidowMonique Harden
Advocates for Environmental Human RightsAdrian Shelley
Air Alliance HoustonPamela K. Miller
Alaska Community Action on ToxicsKatie Huffling
Alliance of Nurses for Healthy EnvironmentsRick Wilson
American Friends Service Committee WV Economic Justice ProjectDiane E. Brown
Arizona Public Interest Research GroupMiya Yoshitani
Asian Pacific Environmental NetworkHeather Cantino
Athens County Fracking Action NetworkJim Puckett
Basel Action NetworkJay Feldman
Beyond PesticidesCharlotte Brody
BlueGreen AllianceJeanne Rizzo, R.N.
Breast Cancer FundEmily Rusch
California Public Interest Research Group (CalPIRG)Steve Savner
Center for Community ChangeKatherine McFate
Center for Effective GovernmentMichael Green
Center for Environmental HealthLois Marie Gibbs
Center for Health, Environment & JusticeCarroll Muffett
Center for International Environmental LawBarbara Warren, RN, MS
Citizens' Environmental CoalitionMaria D. Cabrera
City Councilwoman, City of Wilmington, DelawareErin Heaney
Clean Air Coalition of Western New YorkSaleem Chapman
Clean Air CouncilKathleen A. Curtis, LPN
Clean and Healthy New YorkMark Rossi, PhD
Clean Production ActionRobert Wendelgass
Clean Water ActionAmy Goldsmith
Clean Water Action, New JerseyNic Clark
Clean Water Action, MichiganAndy Galli
Clean Water Action, MarylandMyron Arnowitt
Clean Water Action, PennsylvaniaMeg Kerr
Clean Water Action, Rhode IslandAnne Hulick
Clean Water Action, ConnecticutAndria Ventura
Clean Water Action, CaliforniaSara Lu
Clean Water Action, ColoradoKathy Aterno
Clean Water Action, FloridaElizabeth Saunders
Clean Water Action Alliance of MassachusettsDeanna White
Clean Water Action Alliance of MinnesotaDanny Katz
Colorado Public Interest Research Group (CoPIRG)Judy Robinson
Coming CleanDavid Le Grande
Communications Workers of AmericaSofia Martinez
Concerned Citizens of Wagon Mound and Mora CountyEvan Preston
Connecticut Public Interest Research Group (ConnPIRG)Amy Roe, Ph.D.
Delaware Chapter of the Sierra ClubPaulyne A Webster
Delaware Concerned Residents For Environmental JusticeLisa Locke
Delaware Interfaith Power & LightBeverly Wright, Ph.D.
Deep South Center for Environmental JusticeEric Kirkendall
Diesel Health ProjectDr. Robert D. Bullard
Environmental Justice LeaderTrip Van Noppen
EarthjusticeAngela Adrar
EcoHermanasJeff Gearhart
Ecology CenterMargie Alt
Environment AmericaLuke Metzger
Environment TexasRichard A. Denison, Ph.D.
Environmental Defense FundEmma Halas-O'Connor
Environmental Health Strategy Center/Prevent HarmMichele Roberts
Environmental Justice Health Alliance for Chemical Policy ReformRenee C. Sharp
Environmental Working GroupJeannie Economos
Farmworker Association of FloridaDavid Halperin
Former Staff Member, National Security Council & Senate Intelligence CommitteeGerald Poje, PhD
Founding Member, U.S. Chemical Safety BoardErich Pica
Friends of the EarthMonica Wilson
GAIA: Global Alliance for Incinerator AlternativesDenny Larson
Global Community MonitorFran Teplitz
Green AmericaJeremy Hays
Green For AllArlene Blum, PhD
Green Science Policy InstituteSue Phelan
GreenCAPEAnnie Leonard
GreenpeaceBill Walsh
Healthy Building NetworkHenry S. Cole, Ph.D
Henry S. Cole Environmental Associates, Inc.Abe Scarr
Illinois PIRGSam Loesche
International Brotherhood of TeamstersTed Smith
International Campaign for Responsible TechnologyJohn Morawetz
International Chemical Workers Union CouncilSanford Lewis
Investor Environmental Health NetworkJosé T. Bravo
Just Transition AllianceChad Cordell
Kanawha Forest CoalitionHeather Warman
Kentucky Environmental FoundationDr. Theresa Cordova
Las Pistoleras Institute cultural de ArteTiernan Sittenfeld
League of Conservation VotersTracy Gregoire
Learning Disabilities Association of MaineLT. General Russel Honore, US Army (Ret)
Karen Savage
Life Support ProjectRichard Moore
Los Jardines InstituteAnne Rolfes
Louisiana Bucket BrigadeMajor General Randy Manner, US Army (Ret)
Emily Scarr
Maryland PIRGKen and Penny Dryden
Minority Workforce Development CoalitionTrisha Sheehan
Moms Clean Air ForceDorothy Felix
Mossville Environmental Action NowAnna Galland
Moveon.orgMary Vogel
National Council for Occupational Safety and HealthScott Slesinger
Natural Resources Defense CouncilRev. M. Dele
Nature's FriendsCarol E. Gay
New Jersey State Industrial Union CouncilJanice Selinger
NJ Work Environment CouncilNiaz Dorry
Northwest Atlantic Marine AllianceJanet Keating
Ohio Valley Environmental CoalitionDave Rosenfeld
Oregon State Public Interest Research Group (OSPIRG)Maya Nye
People Concerned About Chemical SafetyJudy Hatcher
Pesticide Action Network North AmericaKathy Attar
Physicians for Social ResponsibilityKaren A D'Andrea
Physicians for Social Responsibility Maine ChapterRichard Gibson
Physicians for Social Responsibility of Greater KansasBarbara H. Warren, MD, MPH
Physicians for Social Responsibility, ArizonaPeter Orris, MD, MPH
Professor and Chief of Service, Occupational and Environmental Medicine, University of Illinois Hospital and Health Sciences SystemLaura Punnett, Sc.D.
Professor, Dept. of Work Environment, & UML Distinguished University Professor (2013-16), University of Massachusetts LowellRena Steinzor
Professor, University of Maryland Law School and President, Center for Progressive ReformTom Smith
Public Citizen (Texas)Tyson Slocum
Public CitizenAmy Laura Cahn
Public Interest Law Center of PhiladelphiaEboni Cochran
REACT (Rubbertown Emergency ACTion)Liz Hitchcock
Safer Chemicals, Healthy FamiliesRobert M. Gould, MD
San Francisco Bay Area Chapter, Physicians for Social ResponsibilityTed Schettler
Science and Environmental Health NetworkDeborah Moore
Second LookJon Barton
Service Employees International UnionTerry McGuire
Sierra ClubNeil Carman, PhD
Sierra Club's Lone Star ChapterDiana Lopez
Southwest Workers UnionJennifer Crosslin
Steps CoalitionMichael O'Heaney
Story of Stuff ProjectRobin Schneider
Texas Campaign for the EnvironmentJuan Parras
Texas Environmental Justice Advocacy Services (T.E.J.A.S.)Diane Wilson
Texas Injured WorkersAnjum Hanafi, MPH
Texas Physicians for Social ResponsibilitySara E. Smith, JD
Texas Public Interest Research Group (TexPIRG)James Trice
The Praxis ProjectKristina Mazzocchi, Esq.
The Steelworkers' Tony Mazzocchi Center for Health, Safety and Environmental EducationAndre Delattre
U.S. Public Interest Research GroupYogin Kothari
Union of Concerned ScientistsMichael J. Wright
United SteelworkersElizabeth C. Yeampierre
UPROSEBruce Amundson, MD
Washington Physicians for Social ResponsibilityCecil Corbin-Mark
WE ACT for Environmental JusticeDr. Henry Clark
West County Toxics CoalitionGary Zuckett
West Virginia Citizen Action GroupJeffrey S. Allen
West Virginia Council of ChurchesBill Price
West Virginia Environmental CouncilCarey Jo Grace
West Virginia Healthy Kids And Families CoalitionCynthia D. Ellis
West Virginia Highlands ConservancyAngie Rosser
West Virginia Rivers CoalitionJulie Archer
West Virginia Surface Owners' Rights OrganizationJen Burns
West Virginia Sustainable Business CouncilPeter Skopec
Wisconsin Public Interest Research Group (WISPIRG)Ciera Pennington
WV FREECC:
Senator Barbara Boxer
Senator Edward Markey
Senator Tom Udall
Senator Cory Booker
Representative Frank Pallone
Gina McCarthy, Administrator, U.S. Environmental Protection Agency
This post also appears on Republic Report.