Internet Posting of Chemical
SUBCOMMITTEE ON HEALTH AND ENVIRONMENT
ON
INTERNET POSTING OF CHEMICAL "WORST-CASE" SCENARIOS
May 19, 1999
BY
E. JAMES MONIHAN
NATIONAL VOLUNTEER FIRE COUNCIL DIRECTOR
STATE OF DELAWARE
Mr. Chairman and members of the committee, my name is James Monihan. I am the Delaware Director to the National Volunteer Fire Council (NVFC) and firefighter in the Lewes Fire Department in Lewes, Delaware. I have served as a volunteer firefighter for 42 years and have had experience in all phases of the life of a first responder, including chemical and hazardous materials incidents. On behalf of the volunteer fire service, I appreciate the opportunity to present you with the NVFC's concerns and suggestions regarding H.R. 1790 and the dissemination of chemical site Risk Management Plans (RMP) data. The NVFC works to guarantee the safety of volunteer firefighters and the communities they protect and we want to ensure that this data is distributed in a safe and secure manner.
The NVFC represents the interests of the nation's more than 800,000 volunteer firefighters, who staff America's 28,000 volunteer fire departments. These volunteers represent the first response to many hazardous materials, biological, and chemical incidents, at which they must stand alone until help arrives.
When the NVFC learned that the Environmental Protection Agency (EPA) was directed by amendments to the Clean Air Act to collect RMP's from approximately 66,000 chemical facilities across the U.S., we supported the initiative. These RMP's contain data about potential chemical release incidents and a given site's disaster recovery plans. We believe that it is important for communities and public safety officers to have access to this data to better protect themselves. However, we were alarmed that certain parts of the RMP data may be used against the United States and in turn harm volunteer firefighters and the communities they protect.
Contained in the RMP data is information called "Offsite Consequence Analyses" (OCA). The OCAs, also known as "worst-case scenarios", reveal the worst possible environmental and explosive consequences of releasing a particular site's chemicals. Additionally, the OCAs provide an estimate of the damage, injuries, and deaths that could result from an accident involving these chemicals. Finally, the OCAs detail how the release of these chemicals can be triggered. The NVFC is very concerned that this data, if easily accessible, could be used by persons acting against the United States. H.R. 1790 addresses these concerns by prohibiting U.S. government officers and employees from making this data available in electronic form.
The Clean Air Act amendments state that the RMP data be "available to the public", the Chemical Safety and Hazard Investigation Board, and to state and local agencies. The amendments do not specify how this information is disseminated. Originally, the Environmental Protection Agency planned to release all of the RMP data, including the OCAs, on an Internet site. However, we have since learned that the EPA, acting on the advice of the FBI, CIA, and other concerned groups, has decided not to release the OCA portion of the RMP data on the Internet. The NVFC applauds the EPA for this decision. This is an important step in ensuring that firefighters and citizens not be subjected to an unnecessarily dangerous situation.
Unfortunately, the safety of first responders and their communities is not yet assured. The NVFC is concerned that some private organizations may obtain all of the RMP data by filing a Freedom of Information Act request, and then post the RMP data, including the OCAs, on their own Internet sites. The NVFC is vehemently opposed to this. Allowing access to this information to anyone with a computer and a phone line is exceedingly dangerous. We believe that this information and its release to the public must be carefully controlled in order to ensure that the risks associated with these chemical sites are not multiplied
The NVFC believes that the public has a right to obtain the information about chemical sites within their communities. We believe that educating the public about chemical risks is an important aspect of accident prevention. However, we think that there are methods to disseminate the RMP data that will strike the proper balance between the public's right to know and the need to maintain a safe environment for first responders and their communities. We recommend that a mechanism be developed to allow the release of RMP data on a single-site only basis. This will permit public safety departments and citizens to access the RMP data on chemical sites within their community while still maintaining control over the distribution of the information. We see no reason to give terrorists a guided map to these potentially dangerous sites.
The NVFC has always been an advocate of the public's right to know about hazards in their communities. A community is much safer if its citizens are cognizant of the risks surrounding them. In this situation, we see no reason to jeopardize the safety of firefighters and citizens when there are perfectly reasonable alternatives available. Allowing access to the OCAs on a single-site basis only ensures that the information is available to those who need it while still maintaining the integrity of our national security. We support this legislation and look forward to working with the committee, the EPA, and other concerned groups to develop a safe, secure mechanism that will protect everyone involved. Thank you.
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