Mon, Jul 06 2009

Published: May 10, 2008 06:00 am    PrintThis  

New law will improve oversight of chemicals, chiefs say

By Ethan Forman and Matthew K. Roy
Staff writers

DANVERS — New legislation developed in the aftermath of the Danversport explosion would fill gaps in the state's oversight of companies that handle hazardous chemicals, according to the president of the Fire Chiefs Association of Massachusetts.

"There's no state agency that's looking at chemical process from the safety perspective," Ken Willette, also the chief in Concord, said yesterday.

The deficiencies with oversight will be further highlighted on Tuesday when the federal Chemical Safety Board comes to Danvers to present its findings and recommendations.

Currently making its way through the state House of Representatives, the legislation would require companies engaged in chemical processing to apply to the State Fire Marshal's Office for a user's permit. The business would be subject to inspections by chemical engineers and chemical process safety experts as part of the application process.

"Through this legislation, we will have somebody to call," Danvers Chief James Tutko said. "This would give us a chance to go out and get some technical expertise."

The permit would come with a still-to-be determined fee and expire after two years.

State Rep. Ted Speliotis, D-Danvers, this week brought together state and federal officials to hash out the legislation, which was crafted by chiefs and the State Fire Marshal's Office.

Speliotis said the meeting included members of the Chemical Safety Board, Gov. Deval Patrick's administration, and lawmakers on the state House Ways and Means and Public Safety committees. The Chemical Safety Board is a Washington, D.C.-based independent federal agency charged with investigating chemical accidents.

"Firemen are not chemists," Speliotis said, "but they are asked to make a neighborhood safe."

State Fire Marshal Stephen Coan said in a prepared statement the goal of his office is to learn from tragedies like the explosion in Danversport.

"As a result of Danvers, we have filed comprehensive chemical process safety legislation that provides oversight and requires sharing of information between facilities, local fire departments and the office of the state fire marshal," he said.

The State Fire Marshal's Office would be the one to implement the regulations and train firefighters at the local level to inspect chemical plants.

Presently, local fire departments do not have such expertise, and state fire code does not deal with chemical process safety, but storage. Fire inspections of plants deal with fire extinguishers, sprinkler systems and ways to get out of a building in case of an emergency.

Speliotis said Chemical Safety Board Chairman John Bresland suggested the state review regulations put in place in California and New Jersey after the Sept. 11 terrorist attacks.

In March, about 30 fire chiefs from around the state, part of the Fire Chiefs Association of Massachusetts, one of the bill's co-sponsors, met at the Danvers Fire Department on High Street to urge Beacon Hill lawmakers to pass the bill to address a lack of such regulations on chemical processing.

It's been nearly 18 months since the early morning explosion at the CAI Inc. and Arnel Co. chemical plant at 128R Water St. The fiery blast leveled the plant and tore apart houses and buildings in a tight-knit Danversport neighborhood, damaging or destroying scores of homes and businesses and displacing more than 70 families.

The explosion, Speliotis said, has been described by federal officials as the largest chemical plant explosion in the country since the Chemical Safety Board was formed in 1998. It resulted in $28 million in direct losses.

The bill faces some "huge hurdles," Speliotis said, including how to pay for a $1.6 million to $1.8 million program. There was some suggestion on the House Ways and Means side that fees should pay for the program. Speliotis said industry may balk at the rules.

"This is a brand-new program; we want to be cautious, we don't want to overregulate an industry," he said.

Speliotis said the rules would mostly apply to chemical processors, not gas stations or big box retailers.

Willette didn't yet know how many places statewide would be affected.

"We're thinking in the high hundreds to the low thousands," he said.

If you go

What: U.S. Chemical Safety Board holds public meeting to release its findings

Where: Sheraton Ferncroft Resort, North Shore Ballroom, 50 Ferncroft Road, Danvers

When: Tuesday, 6:30 to 9 p.m.

Who: The meeting is open to the public, and the community is encouraged to attend.

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