Reuters recently reported that the 27-year-old United States federal program to warn the public of hazardous chemical exposure is flawed in many states because of poor oversight and relaxed reporting by plant owners.
The Emergency Planning and Community Right-to-Know Act declares that all private and public facilities must issue inventory listings of potentially hazardous chemicals that are stored on their premises. This inventory is normally referred to as a Tier II report. The information within the report should be made publically available so that all first responders to a hazardous materials issue or nearby residents can plan for emergencies and determine whether or not they need to evacuate.
Facilities across the country misidentify these chemicals on their reports, or fail to report that the chemicals exist at the plant. Federal and local authorities don't care to audit the plant Tier II reports, which means that these errors go unchecked. Reuters reporters did an investigation and discovered that many businesses never even file the mandatory Tier II report at all, and others had serious errors in their reports.
When these chemicals and materials are not disclosed, it can lead to serious injuries. For example, a clothing company failed to report that there was chlorine stored at its Kentucky plant a few years back, and two firefighters who responded to a leaking valve were injured and chemically burned when they were exposed to the strong substance. Had the chemical been reported, they would have worn protective gear when going to the plant and been spared from the burns.
Just this year, a water-treatment facility in North Dakota refused to submit a Tier II report. The plant was confronted after Reuters notified authorities, and the plant finally agreed to file a Tier II with the government. Workers were shocked to learn that the report showed that the facility had a host of toxic and explosive materials on the property including hydrochloric and phosphoric acids as well as sulfuric acid, ammonium hydroxide, and chlorine.
In Illinois this past year, homes and business were evacuated after a fire an explosion at Nova-Kem LLC and one employee was injured in the accident. Reports show that the plume of smoke after the blast contained chlorine gas and other toxic chemicals. Reports show that the company did not report hazardous chemicals on property in a Tier II report. There are hundreds of thousands of sites that are required to file Tier II reports and they are supposed to report some 500,000 chemicals in the filings. If all industries do not take this seriously, it can result in terrible injuries because of a lack of safety.
In the past eight years, reports show that facilities that have Tier II chemicals have been deemed the most dangerous by the Environmental Protection Agency and have resulted in about 60 deaths and more than 1,300 injuries. Companies with at least 140 Tier II chemicals on site normally cost about $1.6 billion in onsite and off-site damages.
Concerns about Tier II reports escalated with the explosion of a fertilizer plant in West, Texas, in April. Since then, the Environmental Protection Agency has been searching to see if reports are being followed, and has been shocked at the lack of attention given to Tier II reports despite their importance. If you have been injured at a plant or by hazardous material exposure at a location where a Tier II report was not filed or made public, then you may be able to seek restitution for any injuries or accidents. You deserve compensation if you are suffering from chemical burns or exposure. Hire a local personal injury attorney to help you today!