Search

First Responders File Suit Against Texas Chemical Company

Posted on 9/11/2017 by Roger Marks

“Our employees acted in the same honorable and heroic way that thousands of other citizens in Harris County did when confronted with an unprecedented tragedy. They did everything they could to protect the public, while fighting fast-rising flood waters that were 5 to 7 feet high at our plant. We totally cooperated with all first responders and the numerous regulatory agencies working with us to keep the public safe.”

-Chemical facility spokesperson
 
Seven individuals who responded to the flooded Arkema organic peroxides plant in Crosby, TX during Hurricane Harvey have now filed suit against the company.

The suit alleges that Arkema failed to take steps to better prepare for the type of catastrophic flooding that occurred in the week following Harvey’s landfall in the Houston area. When, on August 31, organic peroxide containers began “exploding” due to the failure of back-up refrigeration, police officers and other first responders fell ill immediately.

From the lawsuit:

“The scene was nothing less than chaos. Police officers were doubled over vomiting, unable to breath. Medical personnel, in their attempts to provide assistance to officers, became overwhelmed and they too began to vomit and gasp for air.”

The suit goes on to allege that the owner of the chemical plant displayed negligence in the following ways:
  • Failure to properly store chemicals
  • Failure to have proper procedures for backup refrigeration of chemicals
  • Failure to have adequate procedures in place to protect the safety and welfare of the community in the event of a catastrophe
  • Failure to provide the public and first responders accurate information on the chemicals at risk of exploding
  • Failure to implement company- and government-mandated procedures for handling chemicals
  • Failure to adequately prepare for a major flood event, having had the knowledge that such an event was foreseeable


Preparing for Chemical Industry Nightmare Scenarios
Chemical facilities in the US are subject to stringent reporting and recordkeeping requirements under various environmental programs—the Clean Air Act, EPCRA, CERCLA, TSCA, and others. Under the Clean Air Act Risk Management Plan (RMP) requirements, for example, facilities that use large volumes of flammable or toxic substances must submit a written, certified risk management plan to US EPA. This plan must include plans for a “worst-case scenario” as well as prevention and emergency response details.

Earlier this year, US EPA delayed the implementation of new, more stringent Clean Air Act RMP requirements finalized in late 2016. 


Houston Hazmat Training—October 2—5

Winner-Logo-Best-of-2017-Industry-Insights.jpgStill time to register! Expert-led, award-winning hazmat shipper training comes to Houston next month.

Sign up now to meet your initial or recurrent hazmat training mandates. You will build on your DG expertise, earn CEUs, and network with other shipping professionals who know the challenges you face. Plus, take home industry-leading resources that make it easier to navigate and comply with the 49 CFR, IATA DGR, and IMDG Code regulations that impact your shipments. 

Tags: Act, Air, Clean, emergency preparedness, EPA, hazardous chemicals, RMP

Find a Post

Compliance Archives

Lion - Quotes

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective.

John Gratacos

Logistics Manager

Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had.

Rachel Mathis

EHS Specialist

Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!

Oscar Fisher

EHS Manager

If I need thorough training or updating, I always use Lion. Lion is always the best in both instruction and materials.

Bryce Parker

EHS Manager

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again.

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

One of the best trainings I have ever received!

Brandon Morfin

EH&S Manager

I love that the instructor emphasized the thought process behind the regs.

Rebecca Saxena

Corporate Product Stewardship Specialist

Amazing instructor; real-life examples. Lion training gets better every year!

Frank Papandrea

Environmental Manager

Download Our Latest Whitepaper

Find out what makes DOT hazmat training mandatory for employees who sign the hazardous waste manifest, a “dually regulated” document for tracking shipments.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.