“We’re Yesterday’s News”

That headline is a quote from Mayor Tommy Muska of the town of West, Texas, in the Dallas Morning News of November 21, regarding the Trump administration’s rescission of U.S. Environmental Protection Agency standards for disaster prevention in chemical facilities, issued that day.

Aerial photo of the west explosion site taken several days after blast (4/22/2013). By Shane.torgerson – Aerial photo taken from my plane Previously published: Facebook and Flickr, CC BY-SA 3.0, https://commons.wikimedia.org/w/index.php?curid=25727808

So much news passes under the bridge in one month these days that readers can be forgiven if they do not immediately recall what happened in West on April 17, 2013, but my guess is that many do. Or they may if I nudge them by noting that the West Fertilizer Company suffered an explosion in a storage facility at the edge of this small city of 2,880. The explosion resulted from the combustion of ammonium nitrate, a common ingredient in fertilizer, which is notorious for its chemical instability. Still, the facility had been there since the 1960s, but West had over the years allowed a middle school, an apartment building (which was destroyed), a nursing home, and other structures to be built nearby. When the explosion occurred, 160 people were injured, 14 first responders (mostly firefighters) were killed, and one elderly man died of a heart attack as the nursing home was evacuated. All that triggered a bit of soul searching about loose regulations at all levels of government regarding the operation of such facilities, their disproportionate environmental impact on vulnerable populations, and how better to prevent future disasters.

One year later, in May 2014, I wrote in this blog about West following my own involvement on an expert panel for the federal Chemical Safety Board, which held a hearing in West on the anniversary of the disaster. I raised some pertinent questions about Texas chemical and fire safety regulation that were of interest to the board.

In the meantime, however, moves were afoot in the Obama administration to respond to the larger questions of chemical facility accidents. According to Earthjustice, an environmental advocacy group, in the decade up to the West accident the U.S. had experienced 2,200 chemical accidents at hazardous facilities, two-thirds of which caused reported harm, including 59 deaths and more than 17,000 people injured, hospitalized, or seeking medical care. As a result, President Obama signed on August 1, 2013, Executive Order 13650, “Improving Chemical Facility Safety and Security,” which set in motion a rule-making procedure at the U.S. EPA. By July 31, 2013, EPA issued a Risk Management Program request for information in the Federal Register, proposed new rules on March 14, 2016, and finalized the new rule, known for short as the Chemical Disaster Rule, on January 13, 2017, with one week remaining before President Trump took office.

The final rule is a bit complex, using 112 pages of the Federal Register, but among other items specifically required a “root cause analysis” as part of an incident investigation to determine what “could have reasonably resulted in a catastrophic release.” It would also require compliance audits after reported incidents and required all facilities with certain processes to conduct annual notification exercises to ensure that emergency contact information was complete. The overall idea was to improve effective coordination with local emergency responders. One problem that caused fatalities in West was a lack of firefighter awareness of the precise contents and dangers of the facility that exploded. Thus, the requirements in the rule for field and tabletop exercises. Finally, the rule aimed to enhance the availability of information about chemical hazards in these facilities including sharing such information with local emergency planning committees.

The rest is almost entirely predictable. With little grasp of public policy but considerable animus toward anything with Obama’s name on it, Trump put his appointees to work undoing his legacy. That included action by then EPA Administrator Scott Pruitt on March 16, 2017, in response to an industry-sponsored petition, to announce a 90-day stay of the Obama-era rules, followed by an extension to 20 months shortly thereafter. In the meantime, Louisiana and 10 other states, including Texas, petitioned for reconsideration of the Obama rules. The delay would last until February 19, 2019. However, the U.S. Court of Appeals for the District of Columbia, responding to a petition from environmental groups, vacated the Trump rulemaking. But now we have a final rule from the Trump EPA officially rescinding the Chemical Disaster Rule.

The public information aspect of the rule became a target, with the Trump administration claiming it was responding to homeland security and emergency management experts who feared that such information would become a target for terrorists. However, it would seem to me that far more people have been affected by routine chemical accidents than by any terrorist incidents at such facilities. The U.S. EPA also noted that the rules would not have prevented the accident at West because it was ultimately determined to have been caused by arson. It is worth noting, however, that most of the first responder fatalities in that incident were more credibly the result of a lack of training and information on the potential explosiveness of the materials involved, which might have prompted greater caution and different tactics by firefighters. And none of this answers the questions I raised in my 2014 blog post about land-use practices and limitations on fire safety codes in Texas.

So, back to Mayor Muska, who is reportedly disappointed with the outcome, and for good reason. His town has to live with the results of the 2013 explosion, which decimated the volunteer firefighter staff and obliterated a local business (and employer). Muska was mayor when the disaster happened and is now serving his fifth term. I think it is worth sharing the comments he made in the final two paragraphs of the Dallas Morning News story:

“The American people and American politicians, they have a short memory,” Muska said. “They’re going to say everything is fine, and every few years something like this is going to happen again, and ‘Oh, yeah, we need to look at this again.’

“We’re yesterday’s news. It’s not on anybody’s minds as it was in ’13 and ’14.”

Jim Schwab

Facing Waterfront Hazards in Wilmington

Wilmington, a charming city of just over 100,000 on the far southern edge of the North Carolina coast, has taken some hits from coastal storms in recent years, most notably Hurricane Florence in 2018. Hurricane Dorian this year posed a minor threat but mostly left a trail of 14 identified tornadoes in its wake, a phenomenon familiar in the Southeast, though their association with hurricanes may be less well known elsewhere.

Wilmington Planning Director Glenn Harbeck, who I was told was one of the most knowledgeable people in town for the purpose, on October 8 took me on a boat tour of much of the city’s interior waterfront to let me see and photograph the area along Hewletts Creek, a stream feeding into the Atlantic Ocean behind the barrier island that includes the Masonboro Island Estuarine Reserve. Glenn and his wife have lived in Wilmington for 40 years, during which, he says, they have experienced a succession of hurricanes: Diana (1984), Bertha (1996), Fran (1996), Bonnie (1998), Floyd (1999), Matthew (2016), Florence (2018), and Dorian (2019).

Why it has taken me this long to write about it is another matter related entirely to my own obligations and distractions. At the time, however, I was in Wilmington as the invited keynote speaker for the annual conference of the North Carolina chapter of the American Planning Association. That event was at the city’s convention center, which sits along the Cape Fear River, which basically serves as the city’s western edge, with suburban or unincorporated New Hanover County on the other side. Along with the adjoining Embassy Suites, the complex boasts a boardwalk that allows people to walk to restaurants and other venues in more historic quarters of the city. I joined a party of a dozen at a nearby seafood restaurant, The George on the River, and got to see much of it. Some of the boardwalk appears to need work, but I was not clear on whether that was due to hurricane damage of work in progress. But I can give The George five stars. The food was wonderful and a credit to southern coastal cuisine. (I enjoyed crab-topped salmon with garlic mashed potatoes and spicy collards. I gladly recommend it.) Added appeal derived from the outdoor seating that made for a pleasant evening setting.

But all that followed the boat tour, which came in the late afternoon after a delayed arrival in Wilmington following a long layover in Atlanta on the way from Chicago. The weather had been uncertain, and Glenn was a bit concerned about concluding the trip before it turned rainy or inhospitable, although it never did. It was simply a bit chilly, but my photos have that overcast, gray-sky look as a result.

Compared to some prior tours I have taken of disaster sites, this one was relatively brief with modest expectations. Nonetheless, there are always learning opportunities, and I had never visited Wilmington before. Touring by boat allowed a different perspective than by land. Certain factors became readily apparent, with Glenn supplying ample explanation.

One, to be expected, was that, despite the clear dangers and mitigation challenges associated with a waterfront near the ocean in a region frequently affected by coastal storms and hurricanes, housing along Hewletts Creek remains attractive to its owners and has gained value as a result. These are people who love their boats and their access to the water, and the storms are simply part of the environment, much like a snowstorm in Chicago. Whether everyone takes all the appropriate precautions to protect those properties may be another matter, but most are at least aware of the challenges they face when hurricanes move toward North Carolina.

Because access to the water is a prized asset, most properties include piers, although shared piers are becoming more common, according to Glenn, presumably because of reduced costs and environmental impact. Those piers, however, have typically taken a beating in big storms, and Hurricane Florence contained some solid punches. One problem, he informed me, is that the buoyancy of the wood is the enemy of the piers’ survival because, as the storm surge rises and the piers rise with it, they are bent and twisted and collapse. In other words, the buoyancy of wood works against them. The photos provide ample evidence, but Glenn also told me that some had been repaired in recent months; if I had come three months earlier, the destruction would have been more evident. Past adaptation in some places was to rebuild the piers higher than before to move them above likely wave levels, but frequent storms and high storm surges have sometimes obviated the effectiveness of this approach. Instead, some pier owners are adapting with the use of Titan decking, which uses polypropylene plastic to stabilize the piers during future storms.

There were also, a year after Florence, remaining indications of the damages suffered to the boats themselves, which can easily be tossed about by winds and waves. We encountered one of those (below) toward the end of the tour.  

It should be noted that, although it is inside Wilmington, Hewletts Creek has a much more rural or suburban feel than the Cape Fear River waterfront, which is near the urban heart of the city and its downtown. The riverfront is not primarily residential but encompasses a variety of commercial uses, including hotels and a large marina. In contrast, the waterfront along Hewletts Creek consisted predominantly of private residential property.

I do not wish to leave the impression from this glimpse of Hewletts Creek that what happened there is the extent of the impact of Florence. Although I did not have time on this trip to get a thorough tour of the city, I did receive other information from Glenn and from Christine Hughes, a senior planner with the city for Comprehensive Planning, Design, and Community Engagement. From her, I learned that Wilmington’s working and low-income populations sustained a large hit on their affordable housing stock with the loss of approximately 1,200 apartment units. In September, the Wilmington City Council approved $27 million worth of bond issuances for the Wilmington Housing Authority. A big part of that involved the closure of Market North Apartments on Darlington Avenue, which will be rebuilt. That closure forced evacuation by more than 1,000 residents. Wilmington will be recovering from Florence for some time to come. The cost and numbers of people affected in this housing redevelopment underscore the solemn fact that often low-income and minority populations suffer the greatest impacts of natural disasters. Our communities are not whole unless and until we give them high priority in recovery planning.

It is also worth knowing that the quest for coastal resilience is not new to Wilmington, which has engaged with federal and state agencies for some time, as illustrated in a 2013 report on a U.S. Environmental Protection Agency pilot project on community resilience. Glenn Harbeck has been in his current position for more than seven years after a long period of consulting and knows well the direction the city needs to take, but it is a long road. Residents can learn a great deal about the progress of infrastructure recovery projects from the city’s online map tracking such efforts, which include street and sidewalk repairs and stormwater management. Recovery is a complex process, as Wilmington knows well, and future storms, climate change, and sea level rise will all surely add to the challenges that lie ahead.

Jim Schwab