CSB West, TX, Investigation Highlights Regulatory Failures

CSB investigative photo from West Fertilizer explosion.

The preliminary findings of CSB's investigation of the April 17, 2013, ammonium nitrate (AN) fertilizer explosion and fire in West, TX, focus on shortcomings in existing regulations, standards and guidance at the federal, state and county level. “The fire and explosion at West Fertilizer was preventable. It should never have occurred," says CSB Chair Rafael Moure-Eraso. "It resulted from the failure of a company to take the necessary steps to avert a preventable fire and explosion, and from the inability of federal, state and local regulatory agencies to identify a serious hazard and correct it.”

According to investigators, one key issue is the lack of a state-level fire code. “Local authorities and specifically—local fire departments—need fire codes so they can hold industrial operators accountable for safe storage and handling of chemicals,” Moure-Eraso says. At the county level, McLennan County’s local emergency planning committee did not have an emergency response plan for West Fertilizer, leaving the community unaware of the potential hazard at West Fertilizer despite the fact that the hazards of AN fertilizer are well known, CSB explains. The group cites several cases, including a 2001 explosion in France that caused 31 fatalities, 2,500 injuries and widespread community damage. In the U.S., a 1994 incident caused 4 fatalities and 18 injuries. A July 2009 AN fire in Bryan, TX, led to a widespread evacuation of residents.

CSB’s investigation also reveals that lessons learned during emergency responses to AN incidents—in which firefighters perished—have not been effectively disseminated to firefighters and emergency responders in other communities where AN is stored and utilized. "On April 17, 2013, West volunteer firefighters were not aware of the explosion hazard from the AN stored at West Fertilizer and were caught in harm’s way when the blast occurred," the agency states. CSB also believes guidance from groups such as NFPA and DOT is vague and in need of greater harmonization.

During the news conference to announce the preliminary findings, Moure-Eraso acknowledged several positive steps in the industry following the disaster. The Fertilizer Institute has established ResponsibleAg, an auditing and outreach program for fertilizer retailers. The Institute also partnered with Agricultural Retailers Association to distribute “Safety and Security Guidelines for the Storage and Transportation of Fertilizer Grade Ammonium Nitrate at Fertilizer Retail Facilities,” which also contains recommendations for first responders in the event of a fire. "However," Moure-Eraso explains, "there is no substitute for an efficient regulatory system that ensures that all companies are operating to the same high standards. We cannot depend on voluntary compliance.”