The fertilizer plant that exploded on
Wednesday, obliterating part of a small Texas town and killing at least
14 people, had last year been storing 1,350 times the amount of
ammonium nitrate that would normally trigger safety oversight by the
U.S. Department of Homeland Security (DHS).
Yet a
person familiar with DHS operations said the company that owns the
plant, West Fertilizer, did not tell the agency about the potentially
explosive fertilizer as it is required to do, leaving one of the
principal regulators of ammonium nitrate - which can also be used in
bomb making - unaware of any danger there.
Fertilizer
plants and depots must report to the DHS when they hold 400 lb (180
kg) or more of the substance. Filings this year with the Texas
Department of State Health Services, which weren't shared with DHS,
show the plant had 270 tons of it on hand last year.
A
U.S. congressman and several safety experts called into question on
Friday whether incomplete disclosure or regulatory gridlock may have
contributed to the disaster.
"It seems this
manufacturer was willfully off the grid," Rep. Bennie Thompson, (D-MS),
ranking member of the House Committee on Homeland Security, said in a
statement. "This facility was known to have chemicals well above the
threshold amount to be regulated under the Chemical Facility
Anti-Terrorism Standards Act (CFATS), yet we understand that DHS did
not even know the plant existed until it blew up."
Company
officials did not return repeated calls seeking comment on its
handling of chemicals and reporting practices. Late on Friday, plant
owner Donald Adair released a general statement expressing sorrow over
the incident but saying West Fertilizer would have little further
comment while it cooperated with investigators to try to determine what
happened.
"This tragedy will continue to hurt deeply for generations to come," Adair said in the statement.
Failure
to report significant volumes of hazardous chemicals at a site can
lead the DHS to fine or shut down fertilizer operations, a person
familiar with the agency's monitoring regime said. Though the DHS has
the authority to carry out spot inspections at facilities, it has a
small budget for that and only a "small number" of field auditors, the
person said.
Firms are responsible for self
reporting the volumes of ammonium nitrate and other volatile chemicals
they hold to the DHS, which then helps measure plant risks and devise
security and safety plans based on them.
Since
the agency never received any so-called top-screen report from West
Fertilizer, the facility was not regulated or monitored by the DHS
under its CFAT standards, largely designed to prevent sabotage of sites
and to keep chemicals from falling into criminal hands.
The
DHS focuses "specifically on enhancing security to reduce the risk of
terrorism at certain high-risk chemical facilities," said agency
spokesman Peter Boogaard. "The West Fertilizer Co. facility in West,
Texas is not currently regulated under the CFATS program."
The
West Fertilizer facility was subject to other reporting, permitting
and safety programs, spread across at least seven state and federal
agencies, a patchwork of regulation that critics say makes it difficult
to ensure thorough oversight.
An expert in
chemical safety standards said the two major federal government
programs that are supposed to ensure chemical safety in industry - led
by the Environmental Protection Agency (EPA) and Occupational Safety
and Health Administration (OSHA) - do not regulate the handling or
storage of ammonium nitrate. That task falls largely to the DHS and the
local and state agencies that oversee emergency planning and response.
More than 4,000 sites nationwide are subject to the DHS program.
"This
shows that the enforcement routine has to be more robust, on local,
state and federal levels," said the expert, Sam Mannan, director of
process safety center at Texas A&M University. "If information is
not shared with agencies, which appears to have happened here, then the
regulations won't work."
HODGEPODGE OF REGULATION
Chemical
safety experts and local officials suspect this week's blast was
caused when ammonium nitrate was set ablaze. Authorities suspect the
disaster was an industrial accident, but haven't ruled out other
possibilities.
The fertilizer is considered safe
when stored properly, but can explode at high temperatures and when it
reacts with other substances.
"I strongly
believe that if the proper safeguards were in place, as are at
thousands of (DHS) CFATS-regulated plants across the country, the loss
of life and destruction could have been far less extensive," said Rep.
Thompson.
A blaze was reported shortly before a massive explosion leveled dozens of homes and blew out an apartment building.
A
U-Haul truck packed with the substance mixed with fuel oil exploded to
raze the Oklahoma federal building in 1995. Another liquid gas
fertilizer kept on the West Fertilizer site, anhydrous ammonia, is
subject to DHS reporting and can explode under extreme heat.
Wednesday's
blast heightens concerns that regulations governing ammonium nitrate
and other chemicals - present in at least 6,000 depots and plants in
farming states across the country - are insufficient. The facilities
serve farmers in rural areas that typically lack stringent land zoning
controls, many of the facilities sit near residential areas.
Apart
from the DHS, the West Fertilizer site was subject to a hodgepodge of
regulation by the EPA, OSHA, the U.S. Department of Transportation, the
Texas Department of State Health Services, the Texas Commission on
Environmental Quality and the Office of the Texas State Chemist.
But
the material is exempt from some mainstays of U.S. chemicals safety
programs. For instance, the EPA's Risk Management Program (RMP)
requires companies to submit plans describing their handling and
storage of certain hazardous chemicals. Ammonium nitrate is not among
the chemicals that must be reported.
In its RMP
filings, West Fertilizer reported on its storage of anhydrous ammonia
and said that it did not expect a fire or explosion to affect the
facility, even in a worst-case scenario. And it had not installed
safeguards such as blast walls around the plant.
A
separate EPA program, known as Tier II, requires reporting of ammonium
nitrate and other hazardous chemicals stored above certain quantities.
Tier II reports are submitted to local fire departments and emergency
planning and response groups to help them plan for and respond to
chemical disasters. In Texas, the reports are collected by the
Department of State Health Services. Over the last seven years,
according to reports West Fertilizer filed, 2012 was the only time the
company stored ammonium nitrate at the facility.
It reported having 270 tons on site.
"That's
just a god awful amount of ammonium nitrate," said Bryan Haywood, the
owner of a hazardous chemical consulting firm in Milford, Ohio. "If
they were doing that, I would hope they would have gotten outside
help."
In response to a request from Reuters,
Haywood, who has been a safety engineer for 17 years, reviewed West
Fertilizer's Tier II sheets from the last six years. He said he found
several items that should have triggered the attention of local
emergency planning authorities - most notably the sudden appearance of a
large amount of ammonium nitrate in 2012.
"As a former HAZMAT coordinator, that would have been a red flag for me," said Haywood, referring to hazardous materials.