Inadequate Regulations Blamed For West Fertilizer Explosion

An aerial photo of the remains of West Fertilizer Company (courtesy Wikimedia Commons)
An aerial photo of the remains of West Fertilizer Company (courtesy Wikimedia Commons)

Earlier today, the United States Chemical Safety Board released the preliminary findings of its investigation into last year’s massive explosion of a fertilizer plant in West, Texas. It found that the explosion, which killed 14 people and injured 200 more, could have been prevented had there been more adequate regulations at all levels of government regarding the handling and storage of hazardous materials.

Ever since the smoke cleared from the explosion, it has been obvious that Texas’ regulations on hazardous materials were outrageously inadequate. For instance, due to a lack of zoning regulations, it was possible to build a school, a nursing home, and an apartment complex practically next door to the plant. Additionally, the plant was allowed to operate despite being insured for a paltry $1 million, and it was theoretically possible for it to operate without any liability insurance at all.

Nonetheless, the CSB report makes for horrifying reading. It revealed that there are no federal regulations to prevent companies from storing ammonium nitrate in highly flammable conditions. The ammonium nitrate pellets that triggered the blast were stored in wooden bins in a wooden warehouse with no sprinkler system. It also pointed out that Texas has no statewide fire code, and that McLennan County hadn’t adopted one despite being home to Waco (20 miles north). As a result, the firemen and emergency responders who sped to the scene from several surrounding towns had no knowledge of the danger they faced. Of those who died, 10 of them were first responders.

At a press conference in Dallas today, CSB chairman Rafael Moure-Eraso said in no uncertain terms that this explosion “should have never occurred.” While he faulted West Fertilizer for not taking basic steps to prevent explosions like this one, he also pointed the finger at local, state and federal officials for not doing more to regulate hazardous chemicals. He pointed out that as early as 2002, the CSB had recommended that ammonium nitrate and other reactive chemicals be regulated by the Environmental Protection Agency and Occupational Health and Safety Administration. Neither OSHA nor the EPA have acted on that advice.

The CSB has no authority to issue fines or citations. Nonetheless, fines, civil sanctions, and even criminal charges are still possible at several levels. Company officials lied to the EPA about the fire risk at the plant, didn’t have even rudimentary fire safety equipment on hand, and didn’t tell the Department of Homeland Security that there was ammonium nitrate stored there. In other words–company owner Donald Adair can’t rest easy just yet.

Edited/Published by: SB


Darrell Lucus is a radical-lefty Jesus-lover with several passions–the Lord, the Tar Heels, the Blue Devils and fighting for lasting change. Follow him on Twitter @DarrellLucus.

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