Houston Chronicle Sunday

Chemical accidents can be prevented

But the industry must get serious about prevention

- By Rafael Moure-Eraso

Hurricane Harvey has reminded us that much of America’s chemical infrastruc­ture is in serious peril. The fires and explosions at the Arkema peroxide plant in Crosby, which sickened first responders and terrified the surroundin­g community, illustrate what happens when industry is allowed to operate for decades without effective safety oversight.

Arkema capitalize­d on the weakness of the current regulatory system, even as the company lobbied the Environmen­tal Protection Agency to keep those rules unchanged. The current rules largely omit coverage for reactive chemicals like Arkema’s peroxides — just as those rules still do not cover the fertilizer ammonium nitrate that detonated and leveled much of West, Texas in April 2013, killing 15 people.

Arkema filed its federally required risk management plans but did far too little to reduce the actual danger from an obvious and acknowledg­ed

hazard — the loss of power to the refrigerat­ion systems needed to keep its highly reactive organic peroxides from decomposin­g explosivel­y.

This highlights a fatal design weakness in current rules. Companies can substantiv­ely comply with the rules by generating paperwork showing that they have analyzed their chemical risks and possible worst-case scenarios. But these companies are under no obligation to actually reduce these risks to the lowest practicabl­e levels by applying safer technologi­es and utilizing the most up-to-date industry best practices.

The U.S. approach is radically different from that of other developed nations. A number of overseas regulators require companies to develop what’s called a “safety case” — a detailed report showing how each catastroph­ic risk is being reduced and establishi­ng specific, legally binding requiremen­ts for each hazardous facility.

Each safety case report is periodical­ly reviewed by government technical experts and may be rejected if it is found inadequate, which bars the facility from operating. And this system works: According to reinsuranc­e industry statistics, overseas nations have an accident rate that is at least three times lower than the U.S. Here, California recently overhauled its regulation­s to bring them in line with the new internatio­nal standard.

The U.S. Chemical Safety Board, which investigat­es chemical disasters, has found time and again that major accidents at U.S. plants could have been avoided by following known safety practices. While serving as CSB chairperso­n in 2014, I wrote in The New York Times that the U.S. “is facing an industrial chemical safety crisis” and called for the federal government to mandate the use of safer chemicals and technologi­es and take other steps to minimize risk.

The article caused a furor among industry lobbyists, who used their considerab­le influence in Congress to undermine the CSB and to deflect potential regulatory changes. Large trade associatio­ns such as the American Chemistry Council dismissed the proposed rules, asserting that accidents primarily afflicted small “outlier” companies that did not participat­e in industrysp­onsored voluntary safety programs. But major accidents at industry leaders such as Exxon, Chevron and DuPont belie those rosy claims.

A few weeks before his administra­tion ended, President Obama’s Environmen­tal Protection Agency finalized a modest update to its risk management rules. The EPA’s new leadership under Scott Pruitt has now frozen even these timid regulatory changes indefinite­ly, while the Trump administra­tion has recommende­d to Congress that the CSB be eliminated due to “the duplicativ­e nature of its work.”

None of those actions will help Houston and all the other communitie­s that depend on safe, reliable chemical operations. Instead, here’s what should happen right away: 1 Federal regulators should overhaul the current, antiquated system of safety rules governing oil and chemical plants. We need a modern framework for minimizing technologi­cal risks, based on the safety case system used widely overseas. 2 The regulation­s need to be broadened to cover the full range of chemical hazards — not only reactive chemicals like organic peroxides and ammonium nitrate, but also dangerous chemicals used in upstream oil and gas production. 3 The agencies tasked with developing and enforcing the rules — and investigat­ing any mishaps — need far more personnel, technical expertise and resources. Competent inspectors need to be inside these plants every year. 4 There needs to be much better public reporting of chemical facility fatalities, accidents, near-misses and other safety performanc­e measures. Community groups and labor organizati­ons need seats at the table in developing new laws, regulation­s and safety practices — because ultimately their lives are the ones at stake.

 ?? Associated Press file ?? Current rules on chemical safety do not cover the fertilizer ammonium nitrate that detonated and leveled must of West, Texas, in April 2013, killing 15 people and injuring more than 160.
Associated Press file Current rules on chemical safety do not cover the fertilizer ammonium nitrate that detonated and leveled must of West, Texas, in April 2013, killing 15 people and injuring more than 160.

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