New law tightens rules on explosive chemicals after Garden Grove scare

Gov. Gavin Newsom signed a law Sunday that tightens building rules for sites that store explosive chemicals, responding to an Orange County chemical incident that forced thousands of residents to evacuate Memorial Day weekend.

The law also adds the chemical methyl methacrylate to a state program that aims to prevent chemical disasters.

In May, CalMatters reported that California’s toughest accidental-release prevention rules do not cover the chemical in the tank at GKN Aerospace, a company that makes cockpits and windshields in Garden Grove. Weeks later Democratic state Sen. Tom Umberg of Santa Ana amended an existing bill with language that addressed that gap. Assembly committee and floor analyses noted CalMatters’ reporting. 

Had the chemical exploded, it “would have been perhaps the greatest catastrophe, certainly in the last several decades in California,” Umberg said at a June Assembly hearing.

Umberg’s original proposal would have set stronger standards for more types of explosive chemicals, but legislators narrowed it significantly in last-minute negotiations.

The final law bars building new facilities near homes and schools and requires backup cooling systems. It also strips an exemption from environmental review that facilities storing methyl methacrylate previously qualified for.

Garden Grove advocates call the bill a good step, but say it offers the community little immediate recourse, especially with GKN Aerospace planning to reopen by the end of September.

The law’s siting requirements apply to new facilities, not to existing ones like GKN’s Garden Grove plant.

Mai Do, research and policy manager for the Orange County advocacy group Harbor Institute for Immigrant and Economic Justice, said she hopes the state will do more to address the threat of toxic chemicals at existing facilities.

“This is a much larger fight than just what's happened in Garden Grove,” Do said. “What we see in terms of the Lineage fire and other industrial crises is that this is a problem that is affecting a lot of different communities”

In an interview with CalMatters, Umberg said the bill reflected a balancing act. “This is a net benefit for the state, a net benefit for the community,” he said.

Stronger rules for new facilities, not existing ones

Over Memorial Day weekend, residents learned of a problem with a tank storing methyl methacrylate at the GKN Aerospace facility. A crack in the tank released pressure and, along with efforts by emergency responders, averted disaster, but questions remained about what went wrong.

CalMatters reported in May that methyl methacrylate and other chemicals that could explode under certain conditions falls outside the California Accidental Release Program, which requires facilities to maintain detailed plans for preventing or responding to chemical leaks or explosions.

Rachel Tochterman, a spokesperson for Sen. Umberg, said the senator took note and initially proposed incorporating a broader category of reactive chemicals into the program.

But industry groups opposed the plan, arguing it was too broad without clearer evidence.

Dawn Koepke, a lobbyist for the California Manufacturers and Technology Association and the California Council for Environmental and Economic Balance, said she does not believe a regulatory gap exists that would justify incorporating more chemicals into the state’s accidental release regimen.

Facilities storing toxic chemicals are already heavily regulated under other federal and state laws, she said, including a requirement for plans to protect people from chemical releases.

Koepke said she worried that "jumping to conclusions and over-regulating" could affect "a wider array of facilities."

Tim Shestek, a lobbyist representing the American Chemistry Council and other groups, said in an email that Umberg’s original proposal would have affected “far more facilities, substances and sectors than were in the original scope.”

After amendments on the next-to-last day of the legislative session, nine industry groups stopped lobbying against the bill.

Most provisions of the law only apply to methyl methacrylate — the chemical involved in the Garden Grove incident. The bill adds it to the state’s accidental release program, requires facilities to maintain prevention and emergency-response plans, and closes the environmental-review exemption for new sites where the chemical is present.

Scrapped from the bill: a requirement to map reactive-chemical sites in CalEnviroScreen, a state program that identifies polluted communities.

GKN Aerospace plans to reopen 

Steve Carlin, senior vice president for GKN Aerospace programs, said the company has been working with regulators and independent experts “to safely reset the remainder of the facility with the appropriate oversight” work that has included inspections, upgrades to safety equipment, and additional monitoring. The company plans to reopen in the next few days.

The company also announced an additional $100 million program to pay residents and businesses that lost money during evacuations.

Lisa Fu, director of the California Healthy Nail Salon Collaborative, a worker-safety group, wants California to regulate hazardous chemicals more broadly.

“It's just unfortunate that it's a piecemeal thing,” said Lisa Fu, director of the California Healthy Nail Salon Collaborative. “Is it worth it to go piece by piece in terms of trying to ban certain chemicals? It makes the work harder for us, and you can see who's benefiting and who's not.”

Newsom also signed a pair of bills in response to the Lineage fire, a June cold storage fire in Los Angeles. The fire briefly prompted a shelter-in-place order over fears that toxic anhydrous ammonia had been released into the air.

The new laws raise the fines agencies can levy on companies that endanger health and safety. They also bar building permits for cold storage facilities that lack contingency funds or insurance to help communities in emergencies.

This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.