OUCH! A Regular Bulletin on How Money in Politics Hurts You
#29 Public Campaign August 18, 1999
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IGNORANCE IS BLISS
In 1990, after the Bhopal chemical plant disaster in India, Congress
moved to help prevent similar accidents at facilities using extremely
hazardous substances. Thousands of facilities that use certain
flammable and toxic chemicals were required, under the Clean Air Act,
to submit risk management plans to the Environmental Protection Agency
and state and local governments. The deadline: June 21, 1999.
The core idea was that the public has a right to know about the
chemical hazards in their communities, and that local emergency
response personnel need advance information to prepare for and prevent
possible chemical accidents. In addition, by allowing researchers to
collect and compare information about accident risks at existing
facilities, safety advocates could set priorities for hazard reduction
and determine which companies were taking necessary precautions and
which companies were needlessly endangering their neighbors.
All that prudent legislation has gone out the window with the passage
of the Chemical Safety Information, Site Security and Fuels Regulatory
Relief Act (S. 880). Signed into law by President Clinton in early
August, the new law blocks the EPA from posting on the Internet any
information about a facility's "offsite-consequence analysis" (that's
bureaucrateze for information describing how dangerous a facility
currently is)--including worst-case scenarios involving toxic releases
or explosions. Only "qualified researchers" may request access to that
information, but they are explicitly prohibited from disseminating it
in any form, under pain of criminal fines. The only thing companies
have to do to demonstrate that they are taking any precautionary
action is hold a meeting with local stakeholders sometime in the next
six months, summarizing the issues around any worst-case scenario
involving a local facility.
So much for the public's right-to-know. This approach can be
summarized as follows: if there is a danger of a chemical accident,
the best solution is to keep the public in the dark as to how bad the
risks are and what, if anything, is being done about it.
This is a classic case of how moneyed interests, focused hard on a
narrow concern, can easily defeat the broader interest when the public
isn't paying attention. The chemical industry led the charge for S.
880, its influence rooted in $4 million in PAC donations, soft money
and large individual ($200 and up) contributions to congressional
candidates in 1997-98. Its allies in the food processing industry, oil
and gas producers and refiners, and agricultural fertilizer
sectors--all of which are also subject to the Clean Air Act--gave
another $22.5 million. Three-quarters of that went to Republicans. The
leading sponsors of S. 880 were Senator James Inhofe (R-OK), who
raised $432,730 from those industries between 1993 and 1998, and Rep.
Tom Bliley (R-VA), recipient of $93,261. Against them were a host of
consumer and environmental groups, none of them major campaign
contributors.
The chemical industry claims that S. 880 was needed to prevent
dangerous information from falling into the hands of terrorists,
giving them a road map of which plants to attack. Never mind that the
EPA had specifically exempted any classified information from being
released in facility risk management plans. And forget that from 1987
to 1996, there have been 600,000 accidents reported involving
hazardous chemicals--and not one has been caused by terrorists. As it
is, S. 880 contains no provisions to improve site security, reduce
hazards through inherent safety, or harden facilities against attack.
Two-hundred-fifty people, plant-workers as well as people living
nearby, die each year from chemical accidents. The more the public
knows about those risks, the more the pressure that proper precautions
be taken. Which is apparently the last thing the chemical industry
wants.
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hurts average citizens, published by Public Campaign, a non-partisan,
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