No More Unnecessary Harm: We Need Stronger Chemical Safety Rules

Chemical Disaster site

Earlier this week, two contract workers died tragically and at least thirty were hospitalized due to a chemical leak at the Lyondellbasell facility in La Porte. Our hearts go out to the workers who lost their lives, those injured, and to their friends, families, and loved ones. This was a truly tragic event that hurt innocent people, and it should have been prevented. 

Indeed, the Houston region has experienced multiple chemical disasters that have affected people living near the Ship Channel multiple times this summer. In fact, the past several years have been littered with high impact chemical disasters that sent plumes of toxic chemicals and odors across the sky, polluted the land and water, and left people fearing for their health and safety. In addition to industry workers, those most impacted are almost always fence-line communities to these dangerous industrial sites, which are largely Black, Immigrant and Spanish speaking, or low-income. Many of these chemical disasters have been made worse by climate change, with extreme weather exacerbating- and caused by these very same deadly and polluting fossil fuel facilities that have little regard for labor rights, health, and pollution standards.

Deaths, injuries, and the ongoing fears and threat of harm must be addressed not only with sorrys. We need to see our agencies do more and do better. As we offer up our sincere condolences, we also want to extend an opportunity for action so that such unnecessary harm is prevented and workers are protected. 

There is something we can do as individuals: call on the EPA to implement a strong Chemical Safety Rule. 

We can’t say with certainty that a strong rule would have prevented the LyondellBasell situation. But we do know that a strong rule could prevent many other potential disasters. 

At this point, you might be thinking: wait, there’s not already a Chemical Safety Rule? 

Nope, and it’s always been a problem.

Remember that following the massive explosion in the town of West, Texas that left more than a dozen dead and more than 150 injured in 2013? Do you also remember the Texas legislature’s failure to do much of anything about it?

Obama’s EPA finally promulgated what is called the 2017 Risk Management Program Rule, also known as the Chemical Disaster Rule. While far from perfect, the rule updates chemical safety standards to prevent disasters and allow for a better response when disasters strike. But, of course, Trump and his underlings didn’t like the rule, so his administration first delayed its implementation. While a court ruled that the delay was unlawful in 2018, the Trump administration ultimately revoked the Chemical Disaster Rule in November 2019. And of course, that was around the exact time that TPC, a major industrial facility in Port Neches, Texas literally exploded, which caused injuries to residents and severe damage to homes within the blast zone. The explosion happened at night, when no one was on site during the explosion. Otherwise, the aftermath of the TPC explosion could have been even more catastrophic. 

The Biden administration is currently revisiting the rule. EPA held two listening sessions where community members, advocates, unions, and industry discussed ways to better protect industrial workers and community members, especially in light of climate extremes. 

Hurricanes, flood, droughts, wildfires, and polar vortex-related winter storms, and other climate extremes are putting communities at risk, especially our most vulnerable, not only from the weather but from the potential for industrial accidents. EPA must have sensible safeguards in place to prevent climate-related chemical disasters.

Join our allies, EarthJustice in Supporting Stronger Protections for Communities and Workers!

EPA needs to hear from you about your concerns and solutions for chemical safety. You can join our allies EarthJustice in making your voice heard about the importance of prioritizing the health and safety of our communities. Submit your comments by Saturday July 31st to urge the EPA to strengthen protections around chemical safety.