Time to Fix the Damage of Weakened Chemical Disaster Prevention Regulations

Author(s):  
Rafael Moure-Eraso

The Trump administration weakened regulations through changes on rules that have been improved during the Obama years. An example is the reversal in 2019 of the improvements to the U.S. Environmental Protection Agency Risk Management Program, Chemical Disaster Prevention Rule. In 2013 a catastrophic explosion of ammonium nitrate in West, Texas, provided the impetus to improve the original regulations after an investigation of its consequences. The justification for reversing the improvements was provided by one of the three federal investigations conducted by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives which alleged, without proof, that the West Texas explosion was caused by arson and thus nonpreventable. This commentary reviews the details of this reversal and recommends that the U.S. Environmental Protection Agency, now under the Biden Administration, resurrect its 2016 Risk Management Program chemical disaster rule in order to prevent future chemical facility catastrophes.

1999 ◽  
Vol 01 (03) ◽  
pp. 329-347 ◽  
Author(s):  
REBECCA A. EFROYMSON

The Toxic Substances Control Act (TSCA) is the legislation used by the U.S. Environmental Protection Agency to regulate releases of genetically engineered microorganisms. The rule defining the scope of the notification requirements for releases of microbial products of biotechnology was published in April 1997. The Environmental Protection Agency (EPA) had some latitude regarding the extent to which various categories of microorganisms would be regulated, but the agency was constrained by requirements of TSCA and an interagency agreement about how to regulate products of biotechnology. This paper investigates the extent to which the scope of oversight is based on risk. A risk-based rule is defined as one where the reporting requirements are based on potential for exposure or expected adverse effects. The evolution of the rule is described, and risk-based components are discussed. In conclusion, the scope of oversight of microbial releases is determined to be based on risk to the extent that legislation and institutional constraints permit.


Sign in / Sign up

Export Citation Format

Share Document