Port Neches Plant Rocked by Multiple Explosions, Was Declared High Priority Violator by EPA
of repeat violations.
A 2017 investigation by The Texas Tribune found that the TCEQ, which is responsible for administering federal clean air laws, fined fewer than 1% of so-called “emissions events” — when a facility emits more air pollution than is allowed by its permits — in 2016. While most of the releases don’t pose imminent threat of fire or explosion, some do.
When the TCEQ did fine companies, those penalties often make up a sliver of revenues and profits — even when the emissions events were potentially catastrophic — and the commission often waives a portion of them if the companies agree to address the underlying issue in a timely manner.
The two fines TCEQ handed down to TPC Group this year were for $13,688 and $7,500, but the agency agreed to defer one-third of the amount.
The EPA, TCEQ and TPC Group didn’t respond to requests for comment.
In an incident update posted to its website Wednesday morning, TPC, which celebrated its 75th birthday this year, said it “sincerely remains focused on protecting the safety of responders and the public and minimizing any impact to the environment.”
In a written statement, Catherine Fraser of Environment Texas said, “Disasters like these are terrifying and unacceptable, and the TCEQ and EPA need to take much tougher enforcement actions and strengthen safety regulations, like the Chemical Disaster Rule, to build safer and healthier communities.”
The Port Neches incident comes a week after the EPA gutted the so-called Chemical Disaster Rule — safety regulations enacted by the Obama administration that strengthened a decades-old EPA program designed to prevent and mitigate chemical disasters.
The rule would have required companies to study ways to avoid incidents by using better technology, engage in regular planning session with first responders, provide more information to first responders and the public about what types of chemicals they store on site — and to do third-party audits and root-cause analyses after incidents or near misses.
As authorities investigate the cause of Wednesday’s explosions, it’s difficult to say whether the Port Neches incident could have been prevented if the rule had been in effect. But Heather McTeer Toney, who was a regional administrator for the EPA under the Obama administration, said, “what we can say with all certainty is that rules like this are critical to ensuring that we’re at least aware and are doing everything that we can to prevent these types of explosions.”
Kiah Collier is a reporter and associate editor for the Texas Tribune with a focus on energy and environment. This story is published courtesy of the Texas Tribune, a nonpartisan, nonprofit media organization that informs Texans — and engages with them — about public policy, politics, government, and statewide issues.
