In a recent legal development, the U.S. government reached a settlement with Philadelphia Energy Solutions (PES) regarding a high-profile chemical fire that captured national attention in 2019. The fire, which originated in one of the PES refinery’s alkylation units, caused multiple explosions, released dangerous levels of toxic chemicals into the surrounding areas, and raised serious questions about environmental safety and corporate accountability. This settlement underscores the government’s commitment to holding companies accountable for industrial accidents that endanger public health and the environment.
In today’s blog, the chemical injury attorneys at Kherkher Garcia will break down the details of the PES settlement, examine the legal implications for similar cases, and explore what it means for nearby residents and environmental safety across the country.
PES Chemical Fire and Explosion Settlement Details
The U.S. government has proposed a $4.2 million settlement with Philadelphia Energy Solutions (PES) for Clean Air Act violations related to the 2019 chemical fire and explosion at its former South Philadelphia refinery. The Environmental Protection Agency (EPA) claims PES failed to manage hazardous substances safely, specifically alleging that PES violated requirements for identifying hazards, developing accident prevention programs, and ensuring safe design and operation of critical refinery units, such as the hydrofluoric acid unit. This settlement, filed in the U.S. Bankruptcy Court in Delaware, marks the EPA’s final Clean Air Act claim against the now-bankrupt company.
Previously, the EPA reached three other settlements with PES in 2020, addressing issues like Renewable Fuel Standards compliance, a prior consent decree, and cost recovery for the explosion under CERCLA. The proposed settlement is subject to a 30-day public comment period and court approval. If approved, the funds collected will go to the Treasury Department. The refinery, which previously processed 335,000 barrels of oil per day, has since been demolished, with the land’s new owners planning to repurpose the site as a warehouse distribution center.
2019 Philadelphia Energy Solutions Fire and Explosion
The 2019 chemical fire and explosion at PES was a significant industrial accident that led to the permanent closure of the largest oil refinery on the East Coast. On June 21, 2019, a fire broke out in the alkylation unit, which uses hydrofluoric acid (a highly toxic substance) to process crude oil. The fire escalated quickly, causing a series of explosions that sent large pieces of debris flying and released toxic gases into the atmosphere. This incident prompted evacuations and raised serious concerns about public safety due to the potential spread of hazardous chemicals.
The U.S. Chemical Safety and Hazard Investigation Board (CSB) reported that the explosion was due to corrosion in a pipe that released flammable vapors, which ignited. Following the incident, Philadelphia Energy Solutions filed for bankruptcy and ceased refinery operations permanently. The EPA later filed claims against PES, citing multiple violations of the Clean Air Act and lapses in safety practices. The refinery site was ultimately sold, and plans were made to convert the location into a warehouse distribution center. The PES explosion highlighted safety vulnerabilities in refineries and the potential for catastrophic outcomes when hazardous materials are not managed in compliance with safety regulations.
What is Hydrofluoric Acid?
Hydrofluoric acid (HF) is a highly corrosive and toxic solution of hydrogen fluoride in water. Unlike most acids, hydrofluoric acid is able to penetrate deep into tissues and bones, causing severe, potentially life-threatening injuries if it contacts the skin or is inhaled. HF poses unique risks because it binds with calcium and magnesium in the body, which can disrupt cellular function and cause extensive tissue damage, bone deterioration, and systemic toxicity.
In industrial settings, HF is used primarily for refining oil, producing high-octane gasoline, and manufacturing chemicals, refrigerants, and pharmaceuticals. It’s also commonly used for etching glass and metals. Due to its hazards, handling hydrofluoric acid requires strict safety protocols, including the use of specialized equipment and immediate treatment plans in case of exposure.
What are the Hazards of Exposure to Hydrofluoric Acid?
Hydrofluoric acid (HF) is a highly dangerous chemical with severe health hazards upon exposure. This acid is widely used in various industries, including oil refining and glass etching, but poses significant risks due to its toxic properties. Here are the main hazards of HF exposure:
Skin and Soft Tissue Burns
Hydrofluoric acid can penetrate the skin quickly, leading to painful burns that may not appear immediately, often taking hours to develop. Unlike other acids, HF burns can reach deep tissue layers, even impacting bones. Immediate decontamination and medical care are essential to prevent long-term damage.
Systemic Toxicity
HF disrupts calcium and magnesium levels in the body by binding to these ions, leading to hypocalcemia and hypomagnesemia. This can result in systemic toxicity, affecting the nervous and cardiovascular systems and potentially leading to cardiac arrest or respiratory failure.
Eye Damage
Even minor HF splashes in the eyes can cause severe irritation, corneal damage, and possible vision loss. Exposure to HF fumes or liquid contact with the eyes demands immediate rinsing and medical care.
Respiratory Hazards
Inhalation of HF vapors is highly dangerous and can lead to coughing, difficulty breathing, and pulmonary edema (fluid in the lungs). Chronic exposure or exposure to high concentrations can result in lasting respiratory issues or even death.
Bone Damage
Because HF binds to calcium, it can weaken bones over time if exposure is prolonged or severe. Bone damage from HF can be long-lasting and challenging to treat.
Gastrointestinal Complications
If ingested, hydrofluoric acid is extremely corrosive and can lead to severe abdominal pain, bleeding, and potentially fatal systemic effects.
In industrial settings, handling HF requires strict safety measures, such as specialized protective gear, proper ventilation, and emergency response protocols. Given its severe effects, exposure to HF should be treated as a medical emergency, with immediate first aid and medical attention to minimize its potentially fatal consequences.
What Should Individuals Exposed to Hydrofluoric Acid Know about their Legal Rights
Individuals exposed to hydrofluoric acid (HF) in workplaces or other settings have legal rights that can help them seek compensation and justice for injuries sustained from this hazardous chemical. Hydrofluoric acid exposure is often preventable, and employers or responsible parties may be held liable if negligence or safety violations contributed to the incident. Here’s what individuals should know about their legal rights:
Right to a Safe Working Environment
Under the Occupational Safety and Health Administration (OSHA) regulations, employers are legally obligated to provide a safe work environment, including protection from hazardous substances like hydrofluoric acid. This includes supplying protective equipment, training employees on proper handling procedures, and ensuring adequate ventilation and emergency response plans.
If an employer failed to implement these safety measures, affected employees may have grounds for a claim.
Workers’ Compensation Claims
Individuals exposed to hydrofluoric acid on the job may be eligible for workers’ compensation, which can cover medical expenses, lost wages, and rehabilitation costs. Workers’ compensation is typically a no-fault system, meaning injured workers don’t need to prove employer negligence to receive benefits.
Legal Claims for Negligence or Liability
In cases where negligence, lack of training, or insufficient safety protocols contributed to exposure, affected individuals may pursue additional claims beyond workers’ compensation. For example, if safety procedures were violated or if faulty equipment was used, individuals may have grounds to sue for damages.
Liability may also extend to third parties, such as manufacturers or suppliers of hydrofluoric acid, if faulty products or inadequate labeling contributed to exposure.
Personal Injury Claims for Long-Term or Severe Effects
Hydrofluoric acid can cause severe, life-threatening injuries, including burns, respiratory distress, and bone damage. Individuals who experience long-term health consequences or disability may be eligible to pursue a personal injury lawsuit to recover compensation for pain and suffering, ongoing medical expenses, and loss of earning capacity.
Product Liability Claims
If exposure was due to a defective product, poorly labeled chemical containers, or unsafe manufacturing practices, individuals may have grounds for a product liability claim. Manufacturers have a duty to provide clear warnings and instructions on the handling and risks of hazardous substances like HF.
Legal Help for Family Members
Family members of individuals exposed to HF may also have legal rights if the exposure leads to fatal outcomes. In such cases, wrongful death claims may be filed to seek compensation for the family’s losses.
Given the severe health risks associated with hydrofluoric acid exposure, affected individuals should consider consulting with an attorney experienced in toxic exposure and workplace injury claims. Legal representation can help ensure that responsible parties are held accountable and that individuals receive fair compensation for the full extent of their injuries and losses.
Learn More about Your Rights after Chemical Fire or Explosion Incidents
Chemical fires and explosions are devastating events that can leave victims with serious injuries, long-term health complications, and overwhelming medical bills. If you or a loved one has been harmed in a chemical fire or explosion, you have legal rights that can help you seek compensation and hold responsible parties accountable. At Kherkher Garcia, our experienced attorneys understand the unique challenges and complexities of cases involving industrial accidents, hazardous chemical exposure, and employer negligence.
Our team is dedicated to helping victims secure the resources they need for recovery. Our team will investigate the circumstances of the incident, determine liability, and work tirelessly to maximize your compensation. We seek compensation for medical expenses, lost wages, pain, and suffering, and more. We have a track record of fighting for justice against corporations, employers, and manufacturers whose negligence places lives at risk.
Don’t wait to learn about your options. Contact Kherkher Garcia today for a free, confidential consultation. We are here to provide the guidance, support, and advocacy you need to move forward after a chemical fire or explosion. Call us now at 713-333-1030 to discuss your case and start the path to recovery. You can also reach out to us via our online contact form.
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