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Man-Made Disaster: Texas's Failure to Protect Its Citizens from the Perils

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Man-Made Disaster: Texas's Failure to Protect Its Citizens from the Perils Man-Made Disaster: Texas’s Failure to Protect Its Citizens from the Perils of the Houston Petrochemical Complex by Thomas O. McGarity and Karen Sokol A Center for Progressive Reform White Paper September 2006 Introduction explosion and the widespread health risks posed by airborne toxics. On January 16, 2005, the Houston Chronicle began a five-part series, entitled “In Harm’s Way,” on the extent of hazardous It is time to take a step back to explore how the failures of air pollution in the Southeast Houston and Port Neches, the regulatory agencies responsible for protecting the public Texas. The result of an 18-month investigation, the series from hazardous air pollution represent a failure of highlighted the health risks encountered by residents living government generally in an era of “hollow government” in near the huge plants that make up the Texas oil refining and which under-funded and under-staffed agencies must petrochemical industries.1 On March 23, 2005, a huge contend with recalcitrant industries and strong political explosion at the British Petroleum Refinery in Texas City, pressures at both the state and federal level to provide Texas killed 15 people, injured over 170 others, many “regulatory relief ” to companies that threaten to take their seriously, and shook homes for miles around.2 The Houston plants and associated jobs overseas if they do not receive Chronicle ran another series of articles on the investigations, relief from “burdensome bureaucratic regulation.” possible causes and enormous human toll of the worst industrial accident in Texas in the last 15 years.3 During the Since the late 1970s, conservative think tanks and politicians summer of 2005, a second explosion and a leak at the BP have been railing against “overly burdensome” health and plant within two weeks of each other caused a great deal safety regulation and they have pressed Congress, state of consternation among the residents of the neighboring legislatures and state and federal agencies for more communities,4 and the U.S. Chemical Safety and Hazard “flexible” and “voluntary” regulatory approaches that save Investigation Board concluded from its investigation of the the industry money but ostensibly do not sacrifice health first explosion that management lapses by BP pose an and safety protections. The Texas Legislature, the relevant “imminent hazard” to workers and the neighboring public.5 state and federal agencies, and powerful political elites in the Houston region have in the past accepted these ill-advised Public concerns about the perils of the Houston think tank criticisms and have implemented laws and Petrochemical Complex receded in the wake of Hurricanes policies aimed at providing companies maximum discretion Katrina and Rita, two natural disasters that brought to the in deciding how to go about protecting their workers and forefront the well-known risks that natural disasters pose to the public from the risks posed by their plants’ operations. human health and welfare. Hurricanes Katrina and Rita precipitated a nationwide debate on the role that For example, in response to the Houston Chronicle series, two government must play in helping vulnerable citizens prepare of the plants that have been heavy contributors to Harris for and respond to natural disasters. At the same time, that County’s 533,497 pounds of annual emissions of the highly debate has focused public attention on steps, like sturdier carcinogenic chemical 1,3-butadiene (the most of any levees and wetlands preservation, that government can take county in the United States)6 have agreed to a wholly to protect against the consequences of natural disasters. voluntary program of enhanced monitoring and leak The government was not able to protect the citizens of inspections. This unenforceable program will do little more Louisiana and East Texas from the natural disasters of than clarify what residents in the area already know – that Hurricanes Katrina and Rita. But the government can the 533,497-pound estimate is probably grossly understated protect its citizens from man-made disasters like the BP and that butadiene levels remain high in the surrounding neighborhoods. Narrow band-aid solutions like this one CPR White Paper #605 Page 1 The Center for Progressive Reform are not going to solve the problems of the Houston chemicals considered to be the most harmful to human Petrochemical Complex or any other heavily industrialized health.13 area of the country. The problems run much deeper to a political and regulatory culture that tolerates significant risks The industrial facilities primarily responsible for the high to human life to keep the large companies that make up the levels of toxic pollutants in Texas air are oil refining and petrochemical complex happy. chemical facilities owned by major U.S. corporations that wield great political influence in both the state of Texas and The very real human cost of the ineffective regulatory the federal government. A number of these corporations’ policies that have been implemented as a result of industry facilities are concentrated in three areas: Baytown/ influence over the institutions of government is now Lynchburg Ferry, Milby Park (both located in Harris becoming manifest in the poisoning of nearby communities County’s southeast Houston area), and Texas City. As and the needless deaths of workers. For the first time in a detailed in the following sections, state and private long time, the local media have focused public attention on monitoring in these three regions has revealed particularly the nature and extent of hazardous air pollution in the high levels of two hazardous air pollutants that are known Houston area, and the city government has begun to take carcinogens: benzene in Texas City and Baytown/ much needed steps to do something about it, sometimes Lynchburg Ferry, and 1,3-butadiene in Milby Park.14 In over the perverse resistance of the state agency that is addition to cancer, chronic exposure to benzene through supposed to be looking out for the welfare of Houston inhalation is associated with blood, neurological, and citizens. immune system disorders,15 and chronic exposure to 1,3- butadiene through inhalation with cardiovascular, This report will describe how the State of Texas has failed respiratory, blood, and liver disorders.16 A review of the to protect its citizens from the man-made disasters of the data that EPA compiled from the TRI reports submitted Houston Petrochemical Complex and how corporate by the industrial facilities in these areas indicates that a dominance of the regulatory process has contributed to relatively small number of large corporations own the that failure. It will then offer some suggestions for facilities that are significant contributors to the areas’ legislative changes that will yield better protections for elevated levels of benzene and 1,3-butadiene.17 workers and neighbors. But these changes will not be enacted until the affected citizens demand them and the The oil-refining and petrochemical facilities in Texas City state legislature and regulatory agencies are receptive to the that reported the highest releases of benzene are owned by voices of ordinary citizens. five corporations: The Houston Petrochemical Complex (1) BP, which reported that its chemical facility and its oil refinery and associated docking facilities released a total of According to EPA’s latest analysis of the data that 108,102 pounds of benzene in 2004 (the most recent companies are required to submit under the Toxic Release release year for which TRI data is publicly available),18 and Inventory program (TRI), Harris County is among the 117,516 pounds in 200319; nation’s top ten counties in releases of the air pollutants considered to be the most toxic to humans and the (2) Dow Chemical Company, whose Union Carbide environment (known as “hazardous air pollutants” or “air chemical facility and associated marine terminal (acquired toxics”).7 Galveston County, where the Texas City BP by Dow when it bought Union Carbide in February of explosion occurred, is among the top 100 out of 2,247 200120) reported a release of 2,464 pounds of benzene in counties.8 In 2004, industries in Harris County reported 2004,21 and 52,859 pounds in 200322; releases of a staggering 31,560,235 pounds of hazardous air pollutants9 —almost a quarter of the total toxic releases (3) Valero Energy Corporation, which reported that its reported by industrial facilities throughout the entire state.10 oil refinery released a total of 13,205 pounds of benzene in With the 8,078,922 pounds released by Galveston County 2004,23 and 9,391 pounds in 200324; facilities,11 the two counties account for slightly more than 30 percent of the toxic releases in Texas, which itself leads (4) Marathon Oil Corporation, which reported that its oil the nation in toxic releases.12 Among 56 states, territories, refinery released a total of 33,556 pounds of benzene in and the District of Columbia, Texas ranks the fourth 2004,25 and none into the air in 200326; and highest in releases of carcinogens, neurotoxins, and other Page 2 Man-Made Disaster: The Houston Petrochemical Complex (5) Sterling Chemicals, Inc., which reported that its equipment. Instead of investing in adequate maintenance chemical facility released a total of 25,341 pounds of and up-to-date monitoring and pollution-control benzene in 2004,27 and 35,504 pounds in 2003.28 technology that would significantly decrease the amount of toxic air pollutants released into the air—and thus the health In the Baytown/Lynchburg Ferry area of southeast risks to the surrounding community—the oil and Houston, the facilities that reported the highest releases of petrochemical industries spend millions on campaign benzene are owned by four corporations: contributions, lobbying, and public relations campaigns to preserve their ability to operate their facilities with little (1) ExxonMobil Corporation, which reported that its oil regard for the environment and public health.
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