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white cloud

(2,567 posts)
Wed Apr 24, 2013, 03:19 PM Apr 2013

Texplainer: Who Oversees Texas' Fertilizer Plants?

Hey, Texplainer: Which state and federal agencies were responsible for overseeing and regulating the fertilizer plant in West that exploded last week, killing 14 and injuring at least 200?


There's no single agency responsible for inspecting fertilizer plants and enforcing their regulations; the task falls to a wide range of state and federal agencies. Here's a look at what the agencies do — and the role they played in monitoring the West facility.

1) The Texas Commission on Environmental Quality monitors and enforces air quality and emissions at such plants.

Larry Soward, a former TCEQ commissioner who is now interim director for the nonprofit Air Alliance Houston, said the agency generally inspects plants about once a year, unless a complaint is filed, which would spur a separate investigation. But Neil Carman, the clean air program director of the Sierra Club’s Lone Star chapter, told The Texas Tribune that not all fertilizer plants receive routine checks by the commission. Carman, who from 1980 to 1992 served as an inspector and investigator for the predecessor to the TCEQ, said that because the West plant was relatively small, it would've been inspected “at most once every five years.”

The plant was constructed in 1962, prior to state and federal requirements to obtain permits for emission of air pollutants, but lost its “grandfathered” status in 2004 when state law required older plants to follow new regulations.




The facility currently has two permit authorizations with the TCEQ. The first is for two 2,000-gallon anhydrous ammonia storage tanks, and was issued in 2006 after a “technical review” of the plant. The other is for “material loading and storage operations of dry fertilizer materials,” which was issued after the last inspection of the plant by the TCEQ in 2007.

2) The Office of the State Chemist,
more
http://www.texastribune.org/2013/04/23/texplainer-which-agencies-oversee-and-inspect-fert/?utm_source=texastribune.org&utm_medium=alerts&utm_campaign=News%20Alert:%20Subscriptions

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Texplainer: Who Oversees Texas' Fertilizer Plants? (Original Post) white cloud Apr 2013 OP
Well.... Buzz Clik Apr 2013 #1
Good stuff. I also found an article in the Dallas Morning News LeftInTX Apr 2013 #2
Thank you for the good information white cloud Apr 2013 #3
 

Buzz Clik

(38,437 posts)
1. Well....
Wed Apr 24, 2013, 03:56 PM
Apr 2013

From the link in the OP:

Bottom line: No single agency at the state or federal level has direct oversight of Texas' fertilizer plant — which is part of the reason it's been difficult to determine why the blast occurred and how it could've been prevented.


It shows that there is no shortage of regulations on fertilizer distributorships, and it also shows how simply lying about their inventory to DHS would put them under the radar screen for ammonium nitrate.

LeftInTX

(25,154 posts)
2. Good stuff. I also found an article in the Dallas Morning News
Wed Apr 24, 2013, 04:55 PM
Apr 2013

Didn't feel it needs its own thread as it pretty much reinforces the article above:

http://www.dallasnews.com/news/west-explosion/headlines/20130423-why-didn-t-2400-tons-of-ammonium-nitrate-at-west-plant-raise-concerns.ece

Snips from various parts of the article:


The notation in a Texas Commission on Environmental Quality permit form apparently raised no concerns, either internally or with other agencies, about explosion risks or the proper management of a chemical already notorious in Texas history for its deadly qualities when heated to extreme temperatures or exposed to shock.

Other agencies that knew about the dangerous stockpile also failed to pose such questions to their peers, records and interviews indicate.



No such scrutiny


But the regulatory scrutiny for ammonium nitrate storage that Shaw outlined does not exist.

The federal pipeline agency governs only transportation, not storage. And the head of the state chemist’s office, Tim Herrman, said his agency has no legal authority or expertise to pursue fire or explosive safety at places that store ammonium nitrate
.

Uniform rules lacking

There are no uniform federal rules for ammonium nitrate storage, and state rules vary.


AT A GLANCE: What they do

Texas Commission on Environmental Quality: An independent agency that regulates air and water pollution, toxic waste, drinking-water systems, water-supply rights, some environmentally related occupational licenses and other areas. The agency says it does not evaluate fire or explosive risks of ammonium nitrate fertilizer; it says that is the job of the Office of the Texas State Chemist.

Office of the Texas State Chemist
: An arm of Texas A&M University that regulates the quality and purity of grains and fertilizers and keeps records of ammonium nitrate fertilizer stocks for national security purposes. The agency says it has no authority or expertise to regulate the fire and explosive risk of storing the chemical.


Italics: Emphasis is mine.
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