Pa., NJ, 11 other Attorneys General cite Philly refinery fire in asking EPA to not rollback accident prevention protections

Pennsylvania Attorney General Josh Shapiro and a group of 12 other state attorneys general sent a letter to the U.S. Environmental Protection Agency urging the agency to scrap a proposed rollback of an accident prevention rule in light of the most recent revelations about the blast at Philadelphia Energy Solutions this year.

The blast released two tons of a potentially deadly compound, hydrofluoric acid, according to a U.S. Chemical Safety and Hazard Investigation Board (CSB) report released Oct. 16. The blast also hurled metal shrapnel the size of a bus across the Schuylkill River.

The attorneys general of New Jersey, New York, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Oregon, Rhode Island, Vermont, and Washington also signed off on the letter, which will be entered as part of a continuing objection to an EPA proposal to rollback provisions of a program designed to reduce accidents.

The attorneys general want the CSB report submitted as part of that objection.

Representatives for the EPA could not be reached immediately for comment.

The June 21 refinery explosion and fire released 5,239 pounds of hydrofluoric acid and began with the failure of an elbow in a section of corroded pipe. The CSB said the fire triggered three explosions, one of which blew a fuel tank into projectiles, including one weighing 19 tons that traveled 2,100 feet and landed on the opposite bank of the river.

The incident caused no serious injuries, however.

Still, the attorneys general are objecting to an EPA proposal to revise accident prevention amendments to its Risk Management Program under part of the Clean Air Act. The Trump administration, under EPA Secretary Andrew Wheeler, wants to do away with amendments relating to safer technology and alternatives, third-party audits, incident investigations, information availability, and other regulatory changes.

The EPA is also proposing to change amendments relating to local emergency coordination, emergency exercises, public meetings, and compliance dates for these provisions, according to its own summary. The EPA said it proposing the changes, to address potential security risks associated with information disclosure requirements, and concerns it has about “unnecessary regulations and regulatory costs.” It says the proposal would save industry an estimated $87 million annually.

Attorneys general from various states had already objected to the rollback proposal even before the refinery fire, citing blasts elsewhere.

But last week’s revelation from the CSB report added urgency to their objections. The Philadelphia blast released hydrofluoric acid, which can destroy tissue and bone, and has killed people with skin exposures to as little as 2.5% of body surface area. If inhaled, it can cause fluid in the lungs, which can also prove fatal.

“The CSB findings make clear that PES and the City of Philadelphia avoided catastrophic loss of life by the narrowest of margins and further underscore the need for the EPA to implement the aspects of the Accident Prevention Amendments requiring better coordination with emergency responders, improved incident investigations, third-party auditing, and safer technology and alternatives analysis,” the attorneys general wrote.

About 44,000 comments from the public have been submitted to the EPA regarding the rule proposal.

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PES Update Comments 10 28 19 (PDF)

PES Update Comments 10 28 19 (Text)

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