You get what you want in Texas

The Austin American Statesman today published a frank review of the Texas rules on disclosure of chemical storage “Information scarce on chemical plant blasts — just like Texas wanted“. I wrote about this issue precisely back in “The Texas Freedom Illusion” and after the “West Disaster” report.

In essence, under the veil of “security”, Governor Abbott has effectively just stopped individual Texans from finding out about these storage facilities, and in the same way as you are much more likely to be shot by a gun owning family member, than a jihadi; you are much more likely to get killed, poisoned, or otherwise impacted by a local company than you are by terrorists exploiting the freely available information.

This regulation was alway problematical and is going to bite ordinary Texans until it is repealed. The idea that people have time to go around to each and every high fenced industrial lots within a mile or so of their home and ask what chemicals they are storing is just nonsense, more so in large cities.

 

Go, West!

What the West report tells us is that 33(83% of the total) facilities in Texas that store fertilizer grade ammonium nitrate still are located within a quarter mile of homes. Apart from weakening the reporting and classification requirements, the only substantive thing Governor Abbott has done is to remove your right to find out if you live near a storage location.

Today also marks the day that the Chemical Safety Board reported back on the West disaster, another recent shadow over Texas.

There is no surprise that the report findings include damning conclusions on the disaster; a massive explosion at a fertilizer storage and distribution facility fatally injured twelve volunteer firefighters, two members of the public and caused hundreds of injuries. . The preliminary findings are here.

In the months following the disaster, I for one was appalled at the actions of then Texas Attorney General, now Texas Governor, Greg Abbotts actions. I wrote first about this in a June 2015 post called “The Texas Freedom Illusion“. In that, I remarked

The good news is Texas isn’t much worse than many others, at least we still have the ultimate freedom, to leave.

Which, coincidentally what I’ve done, leave. I also discussed West in the guise of the restrictions of information, when discussing the 1947 Texas City Disaster.

What the West report tells us is that 33(83% of the total) facilities in Texas that store fertilizer grade ammonium nitrate still are located within a quarter mile of homes. Apart from weakening the reporting and classification requirements, the only substantive thing Governor Abbott has done is to remove your right to find out if you live near a storage location.

Remember, you too have the freedom to leave.

The Texas Freedom Illusion

Governor Perry is well known for his brags that “the Lone Star State’s winning mix of low taxes, reasonable regulatory structure, fair court system and world-class workforce has been paying dividends” and bringing business to Texas, even when it isn’t true.

Courtesy the Dallas News
Courtesy the Dallas News

For the day to day Texan, their freedom is becoming increasingly an illusion too.

To have real freedom, you need choice. Increasingly Texans have no freedom, because they have no choice. This week, Attorney General Abbott confirmed the ban of releasing information to the public as Tier II reports in the 1986 Emergancy Planning and Community Right to Know Act (EPCRA).

What this means is, YOU, yes You! can no longer find out what dangerous chemicals are stored by businesses in your town, or your neighborhood. The sort of chemicals for example, that were the cause of the West, TX explosion last year. The Dallas Morning News in their research found 74 facilities that 10,000 Pounds or more of Ammonium nitrate or ammonium nitrate-based explosive material on site.

Given one of the startling discoveries post West, TX. that

“The fertilizer plant hadn’t been inspected by the Occupational Safety and Health Administration since 1985. Its owners do not seem to have told the Department of Homeland Security that they were storing large quantities of potentially explosive fertilizer, as regulations require. And the most recent partial safety inspection of the facility in 2011 led to $5,250 in fines”

wouldn’t you want to know this stuff was happening near your home, school, or work place? WFAA has a great video report showing Texas regulation at it’s best/worst. Confusion.

Gov. Perrys claim for low regulation is in fact obfuscated by the fact that plants like the one in West, TX are regulated by as at least seven different state and federal agencies. OSHA, the Environmental Protection Agency, the Department of Homeland Security, the U.S. Pipeline and Hazardous Materials Safety Administration, the Texas Department of State Health Services, the Texas Commission on Environmental Quality and the Texas Feed and Fertilizer Control Service. If you think this creates a smooth, efficient, low cost and safe way of managing risk, then “good luck with that”.

The good news is Texas isn’t much worse than many others, at least we still have the ultimate freedom, to leave. Unless of course it’s via the Mexican border where Abbott continues to press for the Federal Government to be tougher, fence more, fence frequently border control. What Texas does a best is apparently marketing the illusion of freedom via the cheerleader in general, Gov. Perry.