Showing posts with label environmental regulation. Show all posts
Showing posts with label environmental regulation. Show all posts

Monday, September 04, 2017

Arkema's Crosby Nightmare: The Price of Ignorance


If you lived within three miles of a chemical plant where dangerous substances were being made or handled, maybe you wouldn't want to know all the details.  But I bet you'd like first responders in the area to know what was there so they could take appropriate actions if anything went wrong. 

Well, Texas is a good place to live in many ways, but about 3,800 people living within a 3-mile radius of the Arkema chemical plant in Crosby, Texas probably wish they lived somewhere else right now, that is, if they haven't already evacuated because of the record-breaking floods from Hurricane Harvey.  Because several refrigerated trailers parked at the plant are full of chemicals that must be refrigerated to keep them from exploding.  And as the plant flooded shortly after Harvey hit, the power went out, the trailers started warming up, and one of them has gone up in flames already, sending noxious smoke into the neighborhood and forcing 18 first responders to seek medical attention.  And beyond a few general statements from the plant owners about organic peroxides, the public still doesn't know what is in those trailers.

Here's what apparently happened, as I have gathered from news reports. 

Arkema is a multinational chemical-manufacturing conglomerate based in France.  Its Crosby plant is a few miles northeast of the center of town on U. S. 90, and Crosby is northeast of Houston.  The setting is suburban, not really rural, as the 3,800 people within a 3-mile radius can attest. 

Texans are used to chemical plants.  They provide jobs and tax revenues, and while the smells and other hazards associated with chemical plants are drawbacks, the extreme safety precautions taken by most plant operators mean that millions of dollars' worth of chemicals are produced every day in the state without incident, under normal circumstances.  But Hurricane Harvey was anything but normal.

Organic peroxides are extremely reactive chemicals that are used in the polymerization of plastics, among other processes.  While I am no chemist and don't know any more about them than any other random resident of Crosby, I can well believe that some of them are so reactive that you have to keep them cooler than room temperature or else they will decompose violently, leading to an explosion.  Handling such stuff is a challenge, naturally, sort of like shipping frozen fish around, except instead of spoiling if it warms up, it blows up in your face.  So the plant no doubt has a lot of refrigeration machinery to keep its processes cold enough to preserve the nasty stuff, and refrigerated semi-trailers to take it where it needs to go—namely, other chemical plants that are equipped to keep the chemicals cold until they are used. 

All this has gone on up to now without any major incidents, although Arkema has reportedly been cited by regulators several times in the past for safety infractions.  Then last week came forecasts that Harvey, which was only a tropical depression as late as the Tuesday before it struck, was heading toward the Houston area.

The Arkema operators apparently decided that they ought to shut down the plant and move the existing stock of explosive chemicals off site in trailers.  So at some point before the hurricane hit, they loaded nine refrigerated semi-trailers with volatile chemicals that needed to be kept cool, and connected the refrigeration machinery to the local power utility, which was backed up by emergency power onsite. 

A skeleton crew of 11 stayed through the storm, making sure the power was still on to the trailers and switching to emergency power generators when the local utility power failed.  Then the water started to rise, and on Tuesday Aug. 29, the crew was ordered to evacuate, leaving the trailers behind.  As of today (Sunday, Sept. 3) one trailer has exploded, and the others are expected to go at any time.

At that point, one can question why they didn't take the trailers with them.  A number of reasons come to mind:  (1) they didn't have enough tractors (trucks) to haul them out, (2) the flood waters were so high that it might not have been possible to drive away from the plant in such heavy vehicles, (3) the prospect of dragging potentially explosive stuff all over flooded Houston was worse than leaving it there.  For whatever reason, the crew left the chemicals behind, and shortly thereafter Arkema officials announced that within a few days, the chemicals would of a certainty explode and make quite a mess.

An article in the Austin American-Statesman raises the question of why the contents of the plant have not been made public.  Every such plant has to file what's called a Tier II report detailing the chemicals made or used with the U. S. Environmental Protection Agency.  But under current law, it's not easy to gain access to that report.  You have to go to special reading rooms in Federal buildings and you can't photocopy them.  After the 2013 ammonium-nitrate explosion in West, Texas that killed more than a dozen people, the Obama administration proposed requiring the Tier II reports to be in a user-friendly format more widely available to the public.  But manufacturers and Texas regulators opposed this proposal, saying that such information could be used by potential terrorists.  And the new EPA administrator under the Trump administration, Scott Pruitt, has agreed to delay the change by at least two years. 

I said it after West and I'll say it again.  It is stupid that a Tier II report, or something like it, is not made available to first responders near any plant which they might reasonably be expected to respond to.  If you can't trust your local firemen to keep a secret, who can you trust?  And to me, the terrorist excuse sounds phony.  The more likely reason companies don't want Tier II reports released to the public is either out of concerns that competitors will use it, or that environmental protest groups will use the presence of certain chemicals to bring pressure to bear to shut the plant down. 

These concerns are legitimate, but they do not outweigh the needs of those sworn to protect the public from harm, to know what they are up against. 

So far, nobody has died as a result of the Arkema plant explosions.  But there are more trailers waiting to go off, and we still don't know what's in them.

Sources:  I referred to reports on the Arkema explosions and hazards that were carried by Houston TV stations at http://abc13.com/arkema-plant-explodes-after-power-loss/2366889/ and https://www.cbsnews.com/news/flames-erupt-at-arkema-chemical-plant-flooded-by-harvey-in-crosby-texas/.  The Sept. 2 print edition of the Austin American-Statesman carried an article by Jeffrey Schwartz entitled "Information scarce on chemical plant blasts," on p. A11.

Monday, November 11, 2013

Democracy By Sampling


If you had stopped by my house last Saturday, you would have seen me seated on the front porch in a folding chair, watching a presentation on a laptop connected to a notebook computer, which was in turn operated by a woman seated in another folding chair.  The woman works for a contractor to the U. S. Department of Commerce.  The contractor, Abt SRBI, performs high-tech surveys for government agencies.  Instead of pencils and clipboards, the woman brought along the aforementioned technology that she used to show me the options I had for each answer, as well as photographs and other information related to the survey questions.  My subject today is not so much the actual content of the survey (which she requested I keep confidential so as not to bias other potential participants), but the entire process of which the survey was a part, which I'm calling "democracy by sampling."

One vital aspect of engineering ethics is to consider all the stakeholders in a given case, including members of the public liable to be affected by a proposed course of action.  I think it's okay for me to say this much about the survey:  it dealt with a proposed program that the Department of Commerce may implement, and would entail substantial costs to be borne by the U. S. taxpayer.  The program would address an environmental issue which it turns out I have discussed in this space in the past, and it would deal with it in a way that struck me as egregiously boneheaded.  And I told them so.

But unless you, gentle reader, are one of the 1500 or so people nationwide selected to participate in this survey, if you wish to register your opinion on this subject with the government, you are out of luck.  This is unfair, but all too symptomatic of a disheartening trend that has picked up the momentum of an avalanche in recent years.

The ideal of democratic government is that it is, in the words of Abraham Lincoln, "of the people, by the people, for the people."  The preposition in question here is "by."  Ultimately, the authority of government is to vest in the people governed.  The means by which this power is exercised in our type of government is through the legislative branch, meaning Congress.  Originally, the only role of the executive branch was to see that the laws were "faithfully executed." 

But beginning in the Progressive era of the early 1900s, a different view of government arose, which can be summarized as government by experts.  The basic idea is that modern life is too complex to leave governance solely to the slow, messy process of legislating laws.  Instead, new powers should devolve upon educated specialists in such fields as finance, technology and its regulation, commerce, and human relations, and we should allow these experts to make such rules as they think best—rules that have the full force of law.  So far, any agency of this type still holds before its face a mask of democracy, in that the agencies exercising such power have to be established by Congress.  But there are so many of them now that Congress can no longer exercise anything like proper oversight anymore.  The result is that executive agencies like the Department of Commerce and its divisions are left to their own devices and desires.

I will grant this to the Department:  in commissioning the survey I participated in, they are genuinely seeking the input of the public, or at least a sample thereof.  They didn't have to do that—as far as I know, they could just haul off and implement the new program they're considering without asking anybody, and we would all just have to live with it.  So they are at least making a gesture toward the idea of democracy.  But it is an ineffectual gesture, in my opinion.

As a part of the survey, I had an opportunity to "vote" for or against the program, and to give reasons for doing so.  But this "vote" is to real voting as hypocrisy is to holiness.  What if we "voted" to elect the President this way?  It would save tons of money and trouble.  Instead of the Electoral College and all that campaign fundraising and advertising and so on, we'd just hand the whole thing over to Abt SRBI, whose experts would come up with a carefully selected sample of 1500 or so voters, and the rest of us would just wait to find out the results, as determined by the experts.  So much more efficient—so much more scientific.

And so much more opposed to the basic notion of rule by law, and not by men.  One of the big reasons that the thirteen British colonies broke away from England was that they were being taxed by those whom they did not elect.  Based on the information I received during the survey, the proposed program would have done exactly that—nothing was mentioned about any enabling legislation.  This sort of thing happens all the time.  The Environmental Protection Agency's decision to categorize carbon dioxide as a pollutant is a shining example of how unelected bureaucrats can unilaterally proclaim costly regulations, and those injured are forced to undertake expensive legal battles as their only recourse. 

The Department of Commerce deserves one small cheer for consulting me about their idea.  But the whole executive branch gets a loud razz for continuing its drive toward government by bureaucracy that has compromised freedom and due process in this country so severely, that some days I wonder if we can ever get them back again.