US EPA adopts halfway measures that fails to protect communities from hydrofluoric acid (HF)

The US Environmental Protection Agency (EPA) today announced the release of a final revision to the Risk Management Plan (RMP) rule governing 11,740 facilities using dangerous chemicals, including 40+ oil refineries that use hydrofluoric acid (HF), a deadly chemical capable of causing thousands of deaths in a few minutes. (see attached “Summary Info Sheet”) (link)

The new RMP rule includes many positive improvements and states its goal is “to protect the health and safety of all communities by requiring industry to prevent accidental releases of dangerous chemicals that could otherwise cause deaths and injuries, damage property and the environment, or require surrounding communities to evacuate or shelter-in-place”. EPA 3/1/24. For some positive developments see the statement from Environmental Justice & Health Alliance (link).

However, the Rule fails to protect vulnerable Environmental Justice burdened communities living near HF refineries in 20 states. The EPA recognized that HF units are vulnerable to accidents, natural disasters, and terrorist acts. However, the new rule does not meet the standard set by California Attorney General Rob Bonta and 20 other State AGs in their 2022 letter to the EPA which quoted the US Chemical Safety Board saying that it is “fully within the authority and responsibility of the EPA pursuant to …the [Chemical Disaster Rule] Risk Management Plan (RMP) Rule (40 CFR Part 68.67) as well as through its General Duty Clause.” … “to impose a robust safer technology protocol that will drive the remaining hydrofluoric acid-using refineries to identify and implement safer alternatives”  

(Full letter available on request, excerpts (link to AG excerpts)).

The new rule makes significant improvements over the Trump era version by restoring the requirement that HF refineries do an analysis of safer alternatives. It adds for the first time requirements to analyze the “practicality” of these alternatives, requiring HF refineries to state why they are not using safer chemicals. This provides the EPA a tool to “influence” HF refineries toward implementation of conversion. Many of the improvements over the draft rule stem from grass roots advocacy. For example, the United SteelWorkers scored victories in the significant expansion of worker participation in safety processes.

Many of the HF dangers highlighted by TRAA, as well as those alerted to by national security experts, are referenced in the EPA release. Nonetheless, TRAA sees this rule as a three-legged stool without its 3^rd leg. Without requiremening conversion to a safer alternative, the rule does little to protect the community from a catastrophic, and potentially deadly, release of HF.

There are significant improvements in response to community demands but for the 14 million people living around HF refineries and the nearly 1,000,000 in Los Angeles County alone, this effort by the Biden administration to improve on the terrible record of the Trump administration is shockingly inadequate. Especially, when it is well known that President Biden and his family live within the circle of risk for the Trainer, Pennsylvania HF refinery. TRAA will not stop calling for exceptional action at the local, state or federal level to remove this exceptional danger of mass casualties.

For Further background info with video links go to http://www.TRAA.Website