Texas Refinery Explosion Came After Limited Federal Safety Oversight of Plant; U.S. Safety Budget Hasn’t Risen to Match Increase in Facilities
The West Fertilizer Company facility that exploded in a deadly blast Wednesday evening had not been inspected by the federal Occupational Safety and Health Administration (OSHA) in at least 10 years. While we leave it to investigators to determine what exactly happened, we already know that this facility and ones like it operate with very little oversight, and that this is a problem.
Records show that the facility in West, Texas, owned by Adair Grain Incorporated, has not been inspected by OSHA in the past 10 years.
In the past five years, only two Texas facilities in the same classification – that produce fertilizer using ammonia – have been inspected by OSHA, records show. The agency, with a budget of roughly $568 million, lacks the resources to regularly inspect these types of facilities, including the many with high danger levels. Often facilities do not see an inspector for decades at a time.
Republican Governor Rick Perry was quick to request
Federal Assistance for the disaster. Aid that Texas Republicans voted against for states impacted by Sandy, and despite his constant complaints of the "oppressive" federal government. Senators and Reresentatives of Texas only vote to support the interests of the Republican Party, not those of other Americans.
In spit of the facts that exploded fertilizer plant had prior regulatory issues:
August 2006, the Environmental Protection Agency (EPA) fined the company $2,300 for failing to comply with federal safety regulations. The EPA had found that the plant did not have an adequate risk management plan to guard against chemical accidents, according to documents obtained by local television station WFAA-TV.
Around the same time, the Texas Commission on Environmental Quality investigated West Fertilizer Co. over complaints of a “strong ammonia smell” of a nearby residential area. In response to questioning from federal and local authorities, the company said there was no risk of a fire or explosion at the plant. Though the EPA fined the plant, it was allowed to continue its operations.
Even before the explosion, West Fertilizer Co. put the lie to its claims about the low risk of a fire as early as two months ago. In mid-February of this year, a nearby middle school was forced to evacuate [PDF] due to a “concerning fire” at the plant.
Texas Republicans deny that their anti-regulation anti-big-government crusade has had any part in the tragedy.
Texas Republican Bill Flores says too early to comment on regulatory aspect of plant explosion
He said it was too early to comment on whether further regulations were needed with regard to the plant or whether it was too close to the residents of West, but “it’s obvious that the community suffered as a result of that plant.”
Meanwhile, while the facts of the plant explosion and the death and injuries are being counted, the Texas Republicans continue to spew their anti-regulatory nonsense and push for less regulation.
In Austin, Thursday, a Senate committee (Republican stacked) voted 6-3 for legislation “streamlining” (read: weakening) the process that communities and environmental groups can use to challenge permits to polute
“We are very disappointed by the committee’s vote today,” said Environment Texas Director Luke Metzger. “The deck is already stacked against residents when a powerful polluter applies for a permit to discharge chemicals in to our air, water and land.”
Senate Bill 957 by Sen. Troy Fraser (R-Horseshoe Bay) would put limits on contested case hearings, mini-trials in which each administrative law judges hear testimony and evidence from each side. Environmental groups already complain that the process is flawed: The judges can only offer recommendations to the Texas Commission on Environmental Quality. That agency, run by corporate-friendly Rick Perry appointees, often ignores or downplays the judge’s proposals.
However, SB 957 would weaken it even further. Fraser’s proposal would shift the burden of proof from the company seeking the permit—often some of the most lucrative and powerful corporations in the world—to the protestant, often a hastily-formed grassroots group or an environmental organization. The bill would also strictly limit how long the contested case hearing could last; limit who could participate; narrow the scope of the hearing; and eliminate discovery.
Health and safety have no place in the Republican agenda.
Rick Perry is proud that Texas is business friendly. Safety and environmental regulation is not good for business according to Perry, and the selling point he is using when he is on the road, trying to lure successful businesses away from other states is that Texas protects their best interest deneying government interference.
People be damned.