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2 years after West explosion, little regulation proposed

April 17, 2015

Andy Pierrotti
KVUE News Austin
Original story here

WEST, Texas — Two years after the West explosion, some watchdog groups say the state has done little to improve safety involving chemical facilities. This session, state lawmakers have filed at least four bills in direct response to the explosion, but advocates say legislation that could create meaningful change stand little chance to becoming law.

HB 2470, drafted by State Rep. Eddie Rodriguez (D-Austin), would require facilities, which carry ammonium nitrate, carry liability insurance That’s the same chemical stored in the fertilizer plant in West. Earlier this month, the House Committee on Environmental Regulation held a hearing on it, but it was left pending.

Another bill, HB 924, would allow smaller municipalities to enact their own fire codes. Right now, state law prevents counties with populations of 250,000 or less from creating their own fire code.

Rep. Joe Pickett (D-El Paso) filed HB 417. It which would give the state fire marshal the power to write his own fire safety rules. Under current law, the fire marshal is required to ask permission to inspect chemical plants and can only offer recommendations to facility owners.

Robin Schneider with Texas Campaign for the Environment said she believes state lawmakers are actually considering legislation that could make it easier for tragedies like West to happen again.

“Two years after the west explosion to the day the Texas house past another bill that takes away local ability to deal with potential health and safety problems that could lead to another catastrophe,” Schneider said.

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Schneider is specifically talking about HB 40, drafted by Rep. Drew Darby (R-San Angelo). If passed, the bill would give the Texas Railroad Commission the authority to over-ride city laws involving oil and gas operations, including hydraulic fracking. Schneider says the consequences of prohibiting local municipalities from regulating oil and gas could cause another West tragedy.

“The legislators don’t understand that you can’t just have businesses regulate themselves. There are some that do the right then, but there are others that take them lightly,” said Schneider.

Messages left at Darby’s officer were not returned.

The Texas Public Interest Research Group wants the federal government to step in.

“Preventing chemical accidents isn’t rocket science,” wrote Sara Smith, director of TexPIRG in a news release on Friday. “Chemical facilities simply need to switch to less dangerous alternatives. Some have done it voluntarily, but the EPA needs to make a rule that requires all facilities to make the switch. We’ve already seen that we can’t rely on the Texas legislature.”

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