2005SSRN Electronic JournalOpen access

Inherently Safer Technology: The Cure for Chemical Plants Which Are Dangerous by Design

James L. Beebe

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Abstract

This Comment will discuss ways to encourage chemical manufacturing and storage facilities to embrace inherently safer technologies. These technologies, based on what is called green chemistry, are necessary to eliminate the risk associated with hazardous chemical production, transportation, storage, and use. As an alternative to using the traditional regulatory approach to implement the use of new technology, economic incentives could be used to encourage the switch to inherently safer technology. Due to the complex nature of the chemical industry, a single program will not likely be successful. This Comment suggests several incentives to encourage implementation of inherently safer technology, including strengthening the Chemical Weapons Convention (CWC), new tax policies, and limited liability for users of inherently safer technology. Section II of this Comment will give an overview of the chemical industry. In Section III, this Comment will examine the vulnerabilities of hazardous chemical facilities. Section IV will review the existing regulatory landscape in the United States and discuss proposed legislation following September 11, 2001. Section V will introduce inherently safer technology, and Section VI will propose methods to encourage the proliferation of inherently safer technology.

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What this paper is about

This Comment will discuss ways to encourage chemical manufacturing and storage facilities to embrace inherently safer technologies. These technologies, based on what is called green chemistry, are necessary to eliminate the risk associated with hazardous chemical production, transportation, storage, and use. As an alternative to using the traditional regulatory approach to implement the use of new technology, economic incentives could be used to encourage the switch to inherently safer technology. Due to the complex nature of the chemical industry, a single program will not likely be successful. This Comment suggests several incentives to encourage implementation of inherently safer technology, including strengthening the Chemical Weapons Convention (CWC), new tax policies, and limited liability for users of inherently safer technology. Section II of this Comment will give an overview of the chemical industry. In Section III, this Comment will examine the vulnerabilities of hazardous chemical facilities. Section IV will review the existing regulatory landscape in the United States and discuss proposed legislation following September 11, 2001. Section V will introduce inherently safer technology, and Section VI will propose methods to encourage the proliferation of inherently safer technology.

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Available abstract

This Comment will discuss ways to encourage chemical manufacturing and storage facilities to embrace inherently safer technologies. These technologies, based on what is called green chemistry, are necessary to eliminate the risk associated with hazardous chemical production, transportation, storage, and use. As an alternative to using the traditional regulatory approach to implement the use of new technology, economic incentives could be used to encourage the switch to inherently safer technology. Due to the complex nature of the chemical industry, a single program will not likely be successful. This Comment suggests several incentives to encourage implementation of inherently safer technology, including strengthening the Chemical Weapons Convention (CWC), new tax policies, and limited liability for users of inherently safer technology. Section II of this Comment will give an overview of the chemical industry. In Section III, this Comment will examine the vulnerabilities of hazardous chemical facilities. Section IV will review the existing regulatory landscape in the United States and discuss proposed legislation following September 11, 2001. Section V will introduce inherently safer technology, and Section VI will propose methods to encourage the proliferation of inherently safer technology.

Key concepts: SAFER, Hazardous waste, Incentive, Risk analysis (engineering), Legislation, Liability, Business, Precautionary principle

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