West, Texas Explosion: The Price of Poor Regulation and Rick Perry's Budget Cuts?

Even though the first responders are even now searching through the devastation left after the West, Texas fertilizer plant explosion yesterday, some factors that led to the disaster are beginning to become clear.

The plant had already been investigated by The Texas Commission on Environmental Quality (TCEQ) for its failure to obtain an air quality permit as a fertilizer mixing and storage facility. The company had, in fact, earlier been fined by the Environmental Protection Agency for failing to have a risk management plan that met federal standards. That $2,300 penalty was issued on August 14, 2006, according to EPA records.

In November, West Fertilizer Co. vowed to meet all standards expected for anhydrous ammonia storage tanks. The odorless gas would be stored in two 12,000 gallon permanent storage tanks.

In addition the company would conduct daily in-house inspections during normal business hours to ensure there are no" leaks of ammonia.

Despite previous complaints from neighbors of ammonia smells from the plant, West Fertilizer Company officials assured the TCEQ that “emissions from the tanks would not pose a danger.” However:

That assertion was based on expected routine emissions, not the possibility of a catastrophic failure.

As a permit condition, the TCEQ required the company to build a wall between the tanks and a public road to prevent passing vehicles from striking the tanks. The company complied and on Dec. 12, 2006, the agency’s executive director issued an operating permit for the tanks, which already existed.