Toxic and legal fallout from Houston-area plant explosion

At approximately 8:45 a.m. this morning, a massive explosion issuing from the American Acryl plant in Pasadena, TX, rocked the residents of the Houston suburbs of Pasadena, Clear Lake, Seabrook, Bacliff, Dickinson, Friendswood, La Marque, League City, San Leon and Texas City.

Officials in Pasadena and Seabrook ordered residents to remain indoors after it was discovered that the explosion was caused by a tank of toluene – a toxic petroleum byproduct used in the manufacturing of paint, adhesives, and many common household items such as hand lotion and baby diapers.

Although there were some reports of minor burns, at this time it appears as though there were no significant injuries. Company officials said they have accounted for all their employees, although two employees were taken to Memorial Hermann Hospital Southeast as a precaution due to breathing problems. One has since been released.

According to the U.S. Department of Health and Human Services' Agency for Toxic Substances & Disease Registry, toluene is a central nervous system depressant that can cause severe neurological harm. Although it is colorless, the chemical does have a distinctive, acrid smell. In low to moderate levels, toluene exposure can cause tiredness, confusion, weakness, memory loss, nausea, intoxication, loss of appetite, loss of hearing and color vision loss. These symptoms usually disappear soon after the exposure ends. Higher levels of toluene exposure can affect the kidneys, while prolonged, excessive exposure can cause unconsciousness and even death.

Persons in Seabrook reported a chemical smell permeating the air around 9:40 a.m.

American Acryl sought permission to build the $150 million chemical production plant in the Bayport industrial district of Pasadena in 2000. American Acryl, formed in 1997, is a joint venture between NA Industries Inc. and Atofina Chemicals Inc., who are the North American subsidiaries of Nippon Shokubai and www.total.com/

The plan to locate the plant so close to the popular resort community of Seabrook angered many area residents. However, the State of Texas judged the economic benefits of the facility to outweigh any potential danger or adverse environmental impact. The State even offered to sell “pollution credits” to American Acryl, which allowed them to exceed the normal allotment of pollution emissions.

Pollution credits, also known as emissions trading, is the common practice of chemical plants that create less pollution emissions than what is allowed by law to sell their excess allotment of emissions under the pollution cap to plants who create more than their allotment of pollution.

The question on many local residents’ minds must be, who is responsible for this disaster? Is it the American Acryl for not implementing sufficient safety or maintenance protocols? Perhaps it was the manufacturer of the tank or other equipment. Should the State or local government be held responsible for allowing a dangerous chemical production plant that exceeds emissions standards to be placed so near a popular residential and resort area?

Industrial accident lawyers
specializing in plant explosions and toxic exposure will almost certainly be watching this situations as it develops and will be ready to assist residents or workers harmed by the explosion.

BP to start restoring Texas City gasoline unit to production

BP plans to start restoring a gasonline-producing unit at its Texas City refinery to production after a 3 year shutdown. The plant has been restoring units to production since its shutdown in 2005 after a hurricane and an earlier explosion that killed 15 workers.

BP Texas City explosion victims say fine is inadequate

The Houston Chronicle reported today that in a filing made by lawyers for victims of the March 2005 explosion at BP's Texas City refinery, victims challenged a proposed $50 million criminal fine saying that medical bills surpassed $100 million for just 29 of the people hurt in the explosion.  Documents filed in response to a request last month by U.S. District Judge Lee Rosenthal said, "The punishment fails to fit the crime".

Last month Rosenthal asked lawyers for both sides to compile a summary of last wages as well as past and future medical bills for the 15 people killed in the accident and others who were injured.  She requested the information to help her determine whether the $50 million fine is "unreasonably low".

The victims' filing said lost wages and past and future medical bills for 29 people reached $102.1 million-- more than twice the proposed fine.  It noted medical losses ranging from $249,512 for a person who was 65 to more than $30 million for two people who were 32 and 44.