On Feb. 3, a Norfolk Southern train carrying cancer-causing chemicals derailed near the small town of East Palestine in Ohio — resulting in a toxic explosion, large fire and an evacuation order. Hazardous waste pollution, like we’ve seen in this disaster, is devastating but not uncommon in America.
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After years of public pressure, the EPA has recognized chemical safety as a pressing environmental justice issue – and is now working to finalize stringent regulations for facilities that use or store highly hazardous chemicals. The Safer Communities by Chemical Accident Prevention Proposed Rule purports to better protect fenceline communities and reduce the frequency of chemical incidents. But concern is growing that the EPA’s proposed rule falls short of meeting these goals. Just before the disaster in Ohio, 49 members of both chambers of Congress sent a letter on Jan. 25 to the EPA warning that its proposed regulations aren’t sufficient to prevent chemical disasters in their districts.
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First, as extreme weather becomes more frequent and intense due to climate change, hazardous facilities must be required to identify climate risks, and take concrete steps to prepare for them. A 2022 report by the Government Accountability Office found that one-third of hazardous facilities in the United States are located in the path of natural hazards like hurricanes, floods and wildfires — and warned that facilities are not adequately prepared to withstand them. The EPA must designate high-risk areas for chemical plant failures particularly susceptible to natural disasters and require these facilities to develop plans to protect themselves and adjacent communities.
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