“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

Fatal Attraction

Explaining the frustrations of first responders in searching Mexico Beach, Florida, for survivors after Hurricane Michael, Brock Long, administrator of the Federal Emergency Management Agency, told Associated Press, “Very few people live to tell what it’s like to experience storm surge, and unfortunately in this country we seem not to learn the lesson.” Mexico Beach was ground zero for landfall of the hurricane a few days ago.

But then Long was much more direct: “When state and local officials tell you to get out, dang it, do it. Get out.”

The desire or willingness to “ride it out” among people who think the storm will never be as bad as they are told is unquestionably one of the most troubling facets of disaster response, especially when there is adequate warning.

There are disasters, of course, where adequate warning is either extremely difficult or nearly impossible. I still vividly recall one evening in 1979, when, living in Ames, Iowa, I was awakened from a second-story bedroom at about 3 a.m. by the loudest roar I had ever heard. I turned to the window to see total darkness, and aside from the howling winds, no clue of what was unfolding. When it finally passed, I went back to sleep. The next morning, I learned from the newspaper that a small tornado had struck about a mile away, lifting the roofs from seven homes before skipping off into the sky again. On the other hand, we had no cell phones and no reverse 911 in 1979.

Wildfires often give but a few minutes of warning, and earthquakes generally none at all. Hurricanes are different, at least today. In 1900, when more than 6,000 residents of Galveston were swept to sea in the deadliest storm in American history, they had no meaningful warning. In 2018, we have the best satellites the federal government and private money can buy, and we typically know at least 48 hours in advance that a coastal storm is coming, although its strength can change quickly. What we surely know in any case is that, if you live on the Gulf Coast or the Atlantic Coast in the U.S., you can expect hurricanes. Only the frequency and severity vary, and they are not always predictable. But people generally have plenty of time to learn what to do when the time comes. The rest is a matter of cooperation.

There is, of course, the question of why people choose to live in the most vulnerable locations. Early in my quarter-century of involvement in hazards planning, I borrowed

No question about it. The seashore can be a profoundly attractive place in calm weather. The question is both how we build and where we build, and, in the process, what burdens we place on first responders.

the title of a 1987 mystery thriller, The Fatal Attraction, to describe the psychology of our very human attraction to seashores, wooded mountains, and beautiful sunrises. Living on the seashore can be indescribably beautiful under blue skies and balmy breezes. There is nothing wrong with enjoying all that under the right circumstances, but it is critical that we begin to learn our own limitations in adapting to such environments, the need to build appropriately in such locations, and when it is time to simply “get out,” as Long suggested. If we don’t do these things, we are often placing inexcusable burdens on first responders who must dig our dead or injured bodies from the wreckage or save our homes from raging wildfires.

In short, there are times in life when we must be willing to think about more than ourselves. Saving our own skin in the face of oncoming natural disaster is not only not selfish; it is downright thoughtful with regard to the burdens otherwise placed on police, firefighters, and emergency medical personnel.

I am aware that the issue is bigger than I have just described. In another month, I will be speaking about post-disaster recovery to an audience of long-term care health professionals. As a society, we also have obligations to ensure that the elderly live in homes that are removed from floodplains and other hazards, that children attend schools that are as safely located as possible, and that we do not force the poor and disadvantaged into neighborhoods that are at risk and where no one else would wish to live. In New Orleans during Hurricane Katrina, the system failed thousands of poor people who did not own cars by failing to provide means for carless evacuation. The sheer number of such people was never a secret to officials in Louisiana, but good planning never happened before it was too late. All that said, those who have the means should have the willingness to consider both where they choose to live or build and to evacuate when told to do so.

We can all hope that the body count from Hurricane Michael remains low. As of the moment I am writing this, authorities have counted 17 deaths, but it may rise.

Long-term recovery awaits communities affected by either Florence or Michael. As always, serious questions can be posed about where and how to rebuild, whether we can make communities more resilient against future disasters, and what vision states and communities should have as they move forward. In its Influencers series, the Charlotte Observer asked what leaders thought North Carolina could do for coastal and inland communities affected by flooding from coastal storms. Interestingly, many cited setbacks from the coast, accounting for climate change (something the Republican-dominated legislature has explicitly chosen not to do), and keeping new development out of floodplains. All these efforts would make it easier to plan evacuations in the first place. The issue is whether North Carolina, or any other state in the path of such storms, can muster the political will to do what is right.

And whether people who live in highly vulnerable locations can heed the call when told to evacuate.

Jim Schwab