Safety, Not Secrecy!

The Corzine Administration is trying to take away our right to know if a chemical disaster could occur in our communities, endangering our safety, job security, families, and environment.

A new rule proposed by New Jersey's Department of Environmental Protection (NJDEP), pushed by the New Jersey Office of Homeland Security, would hide "off-site consequence" data and other risk information from 97 potentially hazardous chemical plants, oil refineries, water treatment operations, and other facilities using chlorine or other highly toxic or flammable substances. 19 of 21 New Jersey counties host these facilities (find more information about these dangers in NJWEC's report, Still at Risk, available at www.njwec.org).

Even George Bush's Environmental Protection Agency (EPA) has not hidden this vital information! The EPA's "reading room" in Edison, New Jersey, provides public access to off-site consequence information for EPA regulated facilities.

Take Action!

Send a letter to Commissioner Mark Mauriello. Tell him that hiding dangers will not reduce threats or consequences of terrorism and to eliminate this secrecy language from the rule.

Background

On September 15, 2008, NJDEP issued a rule proposal under the Toxic Catastrophe Prevention Act. While the proposal includes improvements, new provisions for "security information" are unacceptable. New Jersey DEP's rule says "Security information" means information the release of which could either compromise the physical security of the covered process or its operations, or adversely affect national security. Examples include "… but are not limited to [our emphasis], offsite consequence analysis data..."

If NJDEP adopts this language, they would hide information about risks at New Jersey's 97 most potentially hazardous facilities. In addition, NJDEP could completely cover-up off-site consequence data from 12 facilities regulated only by NJDEP, not the EPA. These facilities are:

Source: New Jersey Department of Environmental Protection Reading Room, September 2008. Facility management submits this data.

While workers and their unions may still have access to this data from their employer, management may resist providing this information.  Therefore, public access to off-site consequence information from NJDEP is critical for worker as well as community protection.

Federal EPA says "... public disclosure of Off-site Consequence Analysis (OCA) information would likely lead to a significant reduction in the number and severity of accidental chemical releases.  Widespread access to OCA information would serve the functions Congress originally intended in enacting the Clean Air Act and requiring the collection of OCA information to inform members of the public of potential environmental hazards and to allow them to participate in decisions that affect their lives and communities."  (Source: EPA Background Document).

Sidney Casperson, former Director, New Jersey Office of Counterterrorism, said, "The terrorists already know what's out there.  They have been found with blueprints of our buildings, and a lot of information is available over the Internet or at a public library.  The only question is whether we will find a way to protect these targets before they find a way to attack them."  (Source: NY Times, May 9, 2005).  That's why WEC supports requiring facilities to adopt inherently safer technology and safety measures, not secrecy.

Read the rule proposal, go to Proposed Rule Amending the Toxic Catastrophe Prevention Act, Pages 17-19 (pdf)