Expert: West Fertilizer Was Preventable By Following OSHA Regulations

Senate Environment & Public Works (EPW) Committee Chairwoman Barbara Boxer (D-CA) came out swinging today at the Senate EPW hearing titled: “Oversight of Federal Risk Management and Emergency Planning Programs to Prevent and Address Chemical Threats, Including the Events Leading Up to the Explosions in West, TX and Geismar, LA”.

Senators participating in the hearing included Chairwoman Boxer, Ranking Member David Vitter (R-LA), Deb Fischer (R-NE), John Barrasso (R-WY), and John Boozman (R-AR).

The next congressional hearing will take place in August before the House Homeland Security Committee.

Top issues discussed at the hearing:

  • The West, TX plant was covered by a patchwork of regulations with some pretty large holes. Click here to view CSB Preliminary Findings on West Fertilizer Explosion.
  • CSB testified that West Fertilizer used a combustible (wooden) building with no sprinklers. Stored seed (organic material) next to AN with no firewall. Texas does not have fire code. Volunteer firefighters were not made aware of the risk that AN at the facility could explode – 12 firefighters and emergency responders were killed when AN suddenly detonated as they were fighting the initial fire. Other countries like the UK recommend that buildings and bins where AN store be noncombustible.
  • Dr. Sam Mannan, a chemical engineer, testified that if West Fertilizer followed OSHA regulations (29 CFR 109.1910(i)) (storage of AN – based on NFPA Code 490) the explosion likely would have been mitigated or prevented. He also pointed out that there should not be a duplication of regulations.
  • Adding “REACTIVE CHEMICALS” to EPA’s Risk Management Program including ammonium nitrate (AN). This recommendation is based upon a 2002 Chemical Safety Board report entitled ” Improving Reactive Hazard Management”.
  • EPA needs to update guidance, alerts and regulations for AN. It was pointed out at the hearing that EPA last issued guidance on AN was in December 1997.
  • EPA subpoena of the CSB West Fertilizer records causing a chilling effect for CSB to gather information from witnesses and industry. Information provided to CSB is supposed to remain confidential and not used in criminal or civil enforcement actions by other federal agencies.
  • EPA should use their “General Duty Clause” (GDC) authority to implement Inherently Safer Technology (IST) requirements on industry.
  • Rick Webre, Ascension Parish Office of Homeland Security (Louisiana), stated that “a well-managed LEPC is the most critical function that a community can perform to prevent, mitigate, respond to and recover from an industrial accident” and “I don’t believe that more legislation is the answer.” He also said that complexity results in failure on scene. “Creating one common operating procedure between the chemical industry, the local 911 center, Emergency Operations Center and the first responders on scene is absolutely critical. Simple, inexpensive, graphically displayed, two page standard operating procedures can accomplish this”, stated Webre.
  • Paul Orum, Consultant for Coalition to Prevent Chemical Disasters, promoted IST and adding products like AN to EPA RMP. He also recommends electronic access to EPCRA Tier 2 reports. Orum indicated support for the ” agricultural chemicals security tax credit assists agricultural distributors with conventional security measures such as fences and lights; it should assist facilities that want to move locally to safer locations.” Note – The ARA-initiated Agricultural Chemicals Security Tax Credit (included in the 2008 Farm Bill) expired on Dec. 31, 2012.  ARA has requested Congress extend this tax credit.
  • Asked CSB about interactions with TFI and ARA. CSB Chairman said they were in discussions with the two groups and CSB thought the Fertilizer Code of Practice Initiative was a good self-policing system with third party audits to prevent the possibility of future mistakes. Fertilizer COP and other industry initiatives should be used to compliment the work done by federal regulators.
  • Fischer asked about the difference between manufacturing and fertilizer blending. CSB said that manufacturing is a chemical process, and West Fert received materials that had already gone through this chemical process. West Fertilizer was a bulk storage and distribution facility. CSB agreed there should be different recommendations for chemical process facilities and storage facilities.

Leave a Reply

3 comments on “Expert: West Fertilizer Was Preventable By Following OSHA Regulations

  1. Not enough people or organizations truly understand the relationships between local, state, and federal regulations (IFC/IBC/IMC/NFPA/CFR), and yes, even the IZC (anyone ever hear of this?), and the interdependencies they share, if applied correctly, and not just with AN, especially when requesting inherently safer technologies and land use restrictions. In order to make any judgment on such an issue, one must have a very thorough understanding of how they work together as well as independently. For example, zoning and land use restrictions: The purpose of this code is to safeguard the health, property and public welfare by controlling the design, location, use or occupancy of all buildings and structures through the regulated and orderly development of land and land uses within this jurisdiction." "The IZC is intended to provide for the arrangement of compatible buildings and land uses and establish provisions for the location of all types of uses, in the interest of the social and economic welfare of the community." Section 302.1 covers minimum areas, and allows each jurisdiction to indicate the desired acreage for each zoning districts that they choose. I am not aware of any specific distance requirements to buildings in the IZC, however in the other "I" codes, based on various factors, there are specific distance requirements established. Section 305 of the IZC addresses conditional uses. These conditional uses require particular considerations as to their proper location to adjacent, established or intended uses, or to the planned growth of the community. The conditions controlling the locations and operation of such special uses are established by the applicable sections of this code, and again, available for jurisdictional amendments. Unfortunately, not many jurisdictions may be aware of this particular code and the benefits (including any jurisdictional amendments they choose) that can be gained through orderly and systematic development. This, could in a reality, could benefit the implementation of the RMP should AN become regulated as an EHS

  2. "Chemical safety expert Sam Mannan of Texas A&M University told the committee that an Occupational Safety and Health Administration inspection could have prevented the disaster just by pouncing on how close a vast supply of explosive ammonium nitrate, stored in wood-framed bins, was kept to the seed area in a mostly wooden building." Is this truly a realistic, optimistic statement? Many can validate the inconsistencies among inspection agencies. The OSHA standard offers a 30' separation distance in lieu of a "fire wall;" however, if this distance was not physically possible, then the fire wall would be required (per OSHA). Who then, would provide oversight on its construction? Certainly not OSHA. How well does OSHA coordinate activities with the local building department? . Would the OSHA inspector also comment on the lack of sprinkler system or the inadequacy of fire hydrants in accordance with their own standards? Also doubtful as the ambiguity of fire hydrant requirements in OSHA does not make it possible for field verification, and the sprinkler system installation oversight is as ambiguous and poorly written as the other construction requirements in OSHA.

  3. Wait a minute! Does Federal Regulations in safety trump haphazard local codes? Will the responsible person, the individual making the big bucks because he has it all under control, stand and accept responsibility? The world waits and wonders. And in the meantime the destroyed families are still in shock. There are those that are pointing the finger at the government and trying to blame the Regulatory "establishment". Once again give them the responsibility but not the authority. Far too many have died. Hold the CEO accountable, put him in jail till the final decisions.

Fertilizer Stories

Sulfur Deficiency In Corn
Crop InputsManaging Sulfur Deficiency In Corn
January 6, 2017
Corn sulfur (S) deficiency is a growing problem in and across North Dakota, according to an article on the NDSU Read More
AFS Seed Retailer and Grower
Crop InputsThis Is Not Your Father’s World Of Nitrogen Management
January 6, 2017
Many of us older citizens can remember times when our fathers toiled day and night, to coax meager crop yields Read More
Young Corn Field
FertilizerPotassium Needs More Attention In Crop Nutrition
January 6, 2017
It’s well understood that plants require the right combination of the 14 essential mineral nutrients to sustain their growth, writes Read More
FertilizerSulfur: The 4th Major Nutrient
January 6, 2017
Sulfur is an essential nutrient in crop production. It is classified as a secondary element, along with Mg and Ca, Read More
Trending Articles
AgriSync
Matt Hopkins17 Agriculture Apps That Will Help You Farm Smarter In 2017
December 9, 2016
Ag professionals are working smarter, not harder, than ever before. Smart farming technologies have enabled them to reduce costs, maximize Read More
R4023 Sprayer, John Deere
CropLife 100Ag Retail Equipment Report: The Green Party Continues
December 7, 2016
In the annual race for sales in the ag retail equipment marketplace, the color schemes for participants are a little Read More
Mike Stern
Precision AgClimate Corp. CEO Talks Retailer Support For Digital Ag
December 1, 2016
CropLife Magazine’s sister publication, AgriBusiness Global, recently sat down with Mike Stern, CEO of The Climate Corp., following the Monsanto subsidiary’s Read More
Precision AgTrimble Debuts End-to-End FMIS Platform
November 28, 2016
October’s inaugural PrecisionAg Vision Conference left this author with many thoughts and things to ponder in the coming months. Probably Read More
CHS Primeland
CropLife 100The 2016 CropLife 100 Report: Reviewing The Many Bulls And Bears Impacting This Year’s Marketplace
November 28, 2016
For virtually all of 2016, the nation was wholly focused on the big Presidential election. Some folks aligned themselves with Read More
Monsanto sign
Crop InputsMissouri Governor Meets With Bayer CEO To Discuss Monsanto Merger
November 21, 2016
Missouri Gov. Jay Nixon visited Bayer AG global headquarters in Leverkusen, Germany, on November 18 to discuss the proposed Bayer-Monsanto Read More
Latest News
Management3 Financial Trends To Watch In Agriculture
January 17, 2017
I recently had the opportunity to attend a meeting of credit managers for Midwest ag supply and input companies, in part Read More
Andersons Retail Store
CropLife 100The Andersons To Close All Retail Stores; Shutdown Does…
January 16, 2017
In a stunning announcement to the Toledo area, The Andersons Inc. said on Sunday that it would close its two Read More
Trimble TMX-2050 In-Cab Display
Eric SfiligojPrecision To Lead Agriculture In 2017?
January 16, 2017
Another new year is upon us! And I’m certain I speak for many in the agricultural world when I say Read More
Corn
Eric SfiligojThe Mood From Madison? In A Holding Pattern
January 16, 2017
Last week, I had the chance to attend the annual Wisconsin AgriBusiness Classic show in Madison, WI. It’s been a Read More
Syngenta Sign
Crop InputsAccenture Helps Syngenta Transform Its Global Logistics
January 13, 2017
Syngenta, a leading agriculture company, has collaborated with Accenture to design and implement a new digital logistics operating model across Read More
Fall Creek Seth Harden The Nature Conservancy
StewardshipLocal Farmers’ Watershed Initiative: Continuous Improve…
January 13, 2017
The goal in the Big Pine Watershed Project is to more intentionally do what local farmers and responsible ag retailers Read More
HerbicidesEPA Expands Enlist Duo Herbicide Registration To 34 Sta…
January 13, 2017
The U.S. EPA has expanded the geography for application of Enlist Duo herbicide from 15 to 34 states. This means Read More
Olson Ag Enterprise
CropLife 100Wilbur-Ellis Acquires Nebraska Seed Retailer
January 13, 2017
Wilbur-Ellis’ Agribusiness, a recognized leader in precision agriculture technology and the distribution and marketing of plant protection, seed and nutritional Read More
ManagementDeere-Precision Planting Update and the Ag Secretary Wa…
January 12, 2017
Editors Paul Schrimpf and Eric Sfiligoj provide the latest on the court date for John Deere/Precision Planting and the quest Read More
Monsanto sign
Seed/BiotechMonsanto, NRGene Form Agreement For Big Data Genomic An…
January 12, 2017
Monsanto Co. and NRGene have announced that the companies have reached a non-exclusive, multi-year global licensing agreement on NRGene’s genome-analysis Read More
AGCO Custom applicator
SprayersAGCO, Asmark Institute To Offer Training For Beginning …
January 11, 2017
AGCO Corp. and the Asmark Institute are collaborating to offer a new training program dedicated to educating and developing custom Read More
ManagementAg Land Values In Limbo In 2017
January 10, 2017
Several factors will come into play in 2017 that will determine the direction of land values. Randy Dickhut, senior vice Read More
Industry NewsPattison Agriculture Positioned To Be Leading Canadian …
January 10, 2017
Pattison Agriculture Limited (Pattison Agriculture), a division of The Jim Pattison Group (the Pattison Group), has announced the merger of Read More
Fertilizer Tender close-up
MicronutrientsHow Micronutrients Fit Into 2017 Fertility Plans
January 10, 2017
Where do micronutrients stand going forward in fertility plans? For one thing, Tim Mundorf, Field Representative with Midwest Laboratories, says Read More
Fertilizer application
State of the IndustryCautious Optimism On Fertilizer In 2017
January 10, 2017
What kind of fertilizer rates are growers and retailers looking at in 2017 and beyond? According to stakeholders CropLife magazine Read More
Asmus Farm Supply crop protection products in storage
State of the IndustryCrop Protection Products Market: Complexity Begets Oppo…
January 10, 2017
While other key market segments in agriculture continue to see tumultuous shifts in sales volumes going forward (large equipment sales are Read More
RoGator RG1300B AGCO
Sprayers10 Sprayers That Will Showcase The Latest Application T…
January 10, 2017
Sprayer manufacturers continue to step up their games with the latest in application technology. From direct injection systems and four-wheel Read More
Soybean Field
FungicidesGrowers Report Yield Boost, Extended Residual Disease C…
January 9, 2017
With the new growing season around the corner, it’s time to start thinking about inputs for 2017. As growers weigh Read More