EPA is considering a new regulation that would
require chemical plants to report accidental spills every year
instead of every five years under the current risk management
program (RMP). The agency is examining whether the costs of the
increased reporting are justified in light of the potential
benefits to the environment.The proposal was a major point of
discussion at a Nov. 14 "roundtable" meeting in Washington,
where industry officials and EPA regulators examined ways to
improve current methods on tracking chemical releases.
Participants at the meeting, sponsored by the Chemical Safety
and Hazard Investigation Board (CSB), generally agreed that
current reporting practices were inadequate, but offered varying
suggestions for improving chemical tracking. The meeting was
attended by officials from EPA and the Occupational Safety and
Health Administration (OSHA), as well as academics,
environmentalists and industry leaders.
The potential regulations discussed at the day-long meeting
would require the approximate 15,000 chemical plants covered by
EPA's RMP program to report accidental spills more frequently
that may pose threats to nearby residents. The RMP program was
established under the Clean Air Act and requires chemical
facilities and other industrial plants that handle dangerous
materials to assess the potential effects on nearby residents of
accidental, evaluate worst-case scenarios and develop prevention
plants.
Sources from EPA's Chemical Emergency Preparedness and
Prevention Office (CEPPO) say the agency is engaged in a
cost-benefit review of the potential reporting requirements.
These sources say there has been some discussion about this
topic within CEPPO following the roundtable conference, but no
formal meetings with agency management have been scheduled.
But environmentalists are criticizing the potential EPA rules
as misdirected, arguing that the current reporting requirements
are too limited in scope and that more frequent reports would
not address this problem. Instead, environmentalists are calling
for an overhaul of the program scope and that chemical plants
should be required to report to EPA the same spills that they
report to the National Response Center (NRC). The NRC is staffed
by the U.S. Coast Guard and is responsible for notifying
emergency response units of chemical, oil, radiological and
biological discharges.
Industry officials, on the other hand, support the potential
EPA rule, so long as the scope of the reporting requirements
remain unaltered. Industry argues that the increased reporting
will provide an important tool in assessing the effectiveness of
government efforts to prevent chemical accidents. This reporting
would help determine whether EPA, OSHA and the chemical safety
board are working positively to reduce major chemical accidents,
industry sources say. "This will allow us to draw information
out of a larger sample size, allowing us to come up with a
longer-range plan [for improving ways of handling chemical
spills]," an industry source says.
Concerns were also brought up at the meeting that under the
current requirements, plants could circumvent reporting
incidents by moving in and out of the RMP category. Since plants
are covered under RMP by the types and amounts of chemicals that
they use, a facility could avoid reporting by cutting down on
its output to allow it to drop out of its RMP category, sources
say. These sources also say that shifting to annual reporting
would minimize that problem.
But broadening RMP requirements would require new
legislation, which chemical safety board sources say is not
likely
Gardner Bates, Director
Public & Member Communications
The Chlorine Institute, Inc