Deadliest chemical disaster still haunts, decades later
December 2024 marks the 40th anniversary of one of history’s worst industrial incidents — the release of a deadly gas at a chemical plant in Bhopal, India. This incident, along with another in West Virginia in 1985, spurred U.S. legislative and regulatory action. However, some might say that work is not finished.
Think of the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986, the EPA Risk Management Program (RMP) standard, and the OSHA Process Safety Management (PSM) standard, for example. You’ll find roots to the Bhopal disaster.
What happened in Bhopal?
It was late on December 2, 1984, at a chemical facility. A faulty valve leaked water into a tank of methyl isocyanate (or MIC). This prompted a violent reaction inside the tank. History tells us that at about 1:00 a.m. on that fateful December 3, the failure of a safety valve triggered a massive release. A dense, lethal cloud of MIC and other chemicals drifted over the city of Bhopal.
By dawn, thousands of residents were dead, along with birds, dogs, cows, and other animals. The injured flocked to hospitals in overwhelming numbers. A lack of information about just what the chemicals were, however, compounded the catastrophe.
India officials reported half a million or more chemical exposures. Estimates vary, but as many as 10,000 people perished in the initial few days. Tens of thousands died prematurely in the decades to follow, according to sources.
What happened in West Virginia?
In August 1985, a chemical release in Institute, West Virginia, showed Americans that a “Bhopal-like” incident could happen here. Aldicarb oxime and other chemicals released from the facility, and over 125 residents landed in the hospital. Again, a lack of available chemical information was noteworthy. Many U.S. citizens began to fear they faced catastrophic risks.
What happened next?
In the wake of the incidents, Congress enacted laws:
- Superfund Amendments and Reauthorization Act (SARA) of 1986, including the Emergency Planning and Community Right-to-Know Act (EPCRA); and
- Clean Air Act Amendments of 1990.
Together, they required EPA and OSHA to issue regulations to:
- Increase community chemical emergency preparedness,
- Require companies to report worst-case release scenarios,
- Require companies to develop RMPs and PSM programs to protect communities and workers, respectively.
Congress also established the Chemical Safety and Hazard Investigation Board (CSB) to investigate chemical incidents and recommend measures to prevent them. Despite these actions, the U.S. continues to experience serious chemical incidents. A visit to the CSB or National Response Center (NRC) websites reveals countless incident reports since 1990. A look at the 2024 data finds:
- 92 incidents reported to the CSB per 40 CFR 1604, and
- 21,125 reports made to the NRC per 40 CFR 302 and 355.
CSB video
Ten years ago, on the 30th anniversary of the Bhopal disaster, CSB posted a six-minute video explaining how the tragedy occurred. The video also examines more recent U.S. incidents. It emphasizes what more could be done to prevent similar incidents.
CSB investigations around the time of the video found deficiencies in design and PSM, similar to those uncovered in Bhopal! CSB Chairperson Rafael Moure-Eraso argued: “Process safety management regulations are in need of reform. There must be more emphasis on preventing the occurrence of major chemical accidents through safer design. Responding to emergencies and punishing people after the fact are not enough.”
Push for regulatory reform
Another headline-making incident in April 2013 involved a massive explosion of ammonium nitrate at a fertilizer storage/distribution facility in West, Texas. It fatally injured 12 volunteer firefighters and two members of the public and caused hundreds of injuries. The incident prompted the Executive Order on Improving Chemical Facility Safety and Security (EO 13650) on August 1, 2013. The order directed the federal government to:
- Improve operational coordination with state and local partners;
- Enhance federal agency coordination and information sharing;
- Modernize policies, regulations, and standards; and
- Work with stakeholders to identify best practices.
The feds held listening sessions and issued a flurry of fact sheets, alerts, and enforcement policy changes (See here and here.). Note that the RMP regulation at 40 CFR 68 was eventually amended this year on March 11, 2024. The PSM standard remains unchanged, despite a request for information on December 9, 2013. In an about-face, Congress allowed the Chemical Facility Anti-Terrorism Standards program (at 6 CFR 27) to expire on July 28, 2023, but many in Congress and industry would like to see its return.
Key to remember
This month marks the 40th anniversary of the Bhopal chemical disaster. It sparked the U.S. Congress to take steps back then to prevent such a disaster from occurring here. Those actions did not spell the end to all chemical disasters in the U.S. In response, a renewed push for regulatory reforms popped up in the last decade.
