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CalMatters - A chemical tank nearly exploded. Did California’s regulators miss the signs?

Whether any single institution will provide a comprehensive accounting of what went wrong is unclear.

The Orange County District Attorney’s Office has opened a criminal inquiry, spokesperson Kimberly Edds confirmed to CalMatters. Prosecutors sent letters to GKN ordering the company not to destroy or manipulate evidence.

At an anonymous tipline, the office is seeking information about the chemical release, the facility’s operations and the maintenance of the tanks and systems involved.

California law makes it a crime to knowingly or recklessly handle or store hazardous waste in a way that creates an unreasonable risk of fire, explosion, serious injury or death. Edds declined to say what areas of the law the investigation would cover. 

In a similar case in 2024, Alameda County prosecutors indicted a scrap metal company after a fire exposed years of hazardous materials violations. They later said they could not prove their case beyond a reasonable doubt and dropped it.

On the regulatory side, no single agency has the task of producing a comprehensive account of the event. Rather than one joint review, each agency involved in the emergency will produce its own separate findings, released according to its own policies and timelines, said Brian Yau, a spokesperson for the Orange County Fire Authority. 

Hazardous materials officials, air regulators, environmental officials and the company were developing a site cleanup plan, Yau said. On Friday, the fire authority handed over cleanup and remediation oversight to the county health care agency, said Greg Barta, a spokesperson for the fire authority. 

Asked whether he was concerned about industrial facilities operating near dense residential neighborhoods, Gov. Gavin Newsom praised local and state first responders and said the state is reviewing the facility’s safety records. Then he offered a candid assessment of the limits of state action.

“As it relates to industrial facilities in and around urban centers,” Newsom said at a press conference Thursday, “that’s a more challenging issue of geography.”

State Sen. Tom Umberg, a Democrat from Santa Ana, said there will be new proposed laws in response to the narrowly-averted disaster. 

Williams, of California Communities Against Toxics, said the incident should force a broader look at California’s rules for hazardous industrial sites – not just at GKN, but at every facility storing chemicals that fall outside the state’s toughest oversight programs. 

“Everyone wants to return to normalcy as quickly as possible, because their nervous systems are all on fire, and the way in which you calm your nervous system is to be in your house and sit on the couch and hold your cat,” she said. “But in a situation like this — where you had a massive near miss — you really need to make sure that the safety systems that failed are not the only safety systems there at risk.”

Read more here: CalMatters