The City Of Houston Created A Routing System To Keep Truck Traffic Away From JR Harris Elementary School

epa.gov, Sep 22, 2005

Between the “community day” and the formal hearing, several developments began to increase the community’s leverage over the permit modification process. Timing became an important factor as the process expanded. Rhone Poulenc had customers who were already shipping waste to the Manchester facility that would in several months be reclassified. Second, commercial hazardous waste incinerators were becoming some of the most visible targets of environmental groups in the state. Dubbed the “new environmental menace,” multi-million dollar incinerator projects were surfacing all over the country, in response to RCRA amendments that imposed strict requirements for the operation of hazardous waste landfills, such as the installation of double liners.48 Houston’s Chemical Services had just won approval to build the fourth commercial hazardous waste incinerator in the state, and the many elected officials rallying around the Manchester community were well aware of the growing public concern over such facilities. Finally, on July 16th, a toxic cloud of sulfur dioxide gas was released at the Rhone Poulenc facility, sending 30 plant workers to the hospital (including 20 from Newpark Shipbuilding and Repair, located across the Ship Channel).49 The accident was caused by a two-inch pipe that broke as a truck was being moved at the plant’s loading site. Importantly, the latter two developments heightened resident awareness of the risks posed by the facility at large, rather than the specific operations mentioned in the proposed modification. The sulfur dioxide incident increased regulatory scrutiny of the facility, which faced potential occupational health and safety as well as environmental violations by the TWC, OSHA, and the City of Houston. The hearing, held on June 30th, began with a hearing examiner explaining that the focus of the meeting would be restricted to the proposed permit changes.

Local residents, who had by this time had sought the assistance of Texans United, had other plans. Areas of concern, some of which barely overlapped with Rhone Poulenc’s operations (let alone proposed changes), were many and diffuse, including railway traffic and blockages to the streets, chemical releases to air, water, and soil,50 truck traffic on residential streets, citizen participation in site-specific decisions and awareness of potential risks posed by the site, and emergency preparedness. While Rhone Poulenc did not have the ability to address some of the residents’ concerns, they agreed to meet with a small group of residents to discuss conditions for their dropping all opposition to the proposed modifications.Leaders of the three civic organizations of Manchester, Smith Addition, and Harrisburg sit on the CAC and praise the company’s sustained involvement in local issues and projects. For instance, Rhone Poulenc (and now Rhodia) has provided an annual $10,000 college scholarship award to a local high school student, cleaned sidewalks, painted homes, provided a block of funds to be allocated to various groups, and improved Pizer Park, across the street from the plant.72 Some residents have resigned from the Council, frustrated by its focus on such projects that benefit individuals or segments of the community rather than facility changes that will benefit residents at-large. Because of the limited variance in terms of facility operations, Rhodia management agrees that the focus of the CAC has shifted from explaining permits, modeling and monitoring results to community improvements and awareness. In the event of an accident, Rhodia anticipates the CAC meeting by developing an analysis of the incident, causation, and corrective actions taken. Railroad Tracks/Truck Traffic. Facility management has sought to address what were arguably the most prevalent concerns of local residents in the early 1990’s. Rhone Poulenc created a routing system to keep truck traffic away from JR Harris Elementary School, and to minimize exposure of any residential population to the movement of hazardous materials. These changes were made in consultation with the CAC, whereby Rhone Poulenc explained restrictions in its waste disposal contracts that could be used to minimize local transportation risks. While not included in the GNA, the company also appeared with residents in support of a grade separation and an overpass across Central Avenue. The overpass would allow residents evacuating Manchester to cross over Manchester Yard, one of several rail terminals serving the Ship Channel. The Houston Figure 5. Railroad cars blocking Manchester Street on April 23, 2002. City Council approved funding for a feasibility study for the bridge in August, 1997.73 Conditions worsened in February 1998 with the merger of Union Pacific and Southern Pacific Rail Corporation.74 Union Pacific reportedly gave preferential treatment to moving their trains through the city first, causing even longer delays at railroad crossings. Finally, the U.S. House of Representatives passed a transportation bill that included 72 Zuniga, J. (1994). Chemical plant is neighborly. Houston Chronicle, June 4, 1994 at 27A; Pickler, N.(1997). Residents help build playground at park. Houston Chronicle, June 29, 1997 at 38A; Plant workers make sidewalk safer for southeast area pupils, parents. Houston Chronicle, May 9, 2001 at 7 (This Week). 73 Dawson, B. (1997). Living with pollution Part I: Communities in industrial sections of Houston grapple with pollution with varying success. Houston Chronicle, August 3, 1997 at 1A.
74 Brewer, S. (1998). Idling trains strain patience of motorists. Houston Chronicle, February 9, 1998 at $16 million for the grade separation in June, 1998.75 Information.

Most elements of the GNA involved one-time or monthly provision of information already mandated by state law, such as hazard assessments, dispersion modeling, and a consequence analysis. The exception, an agreement to “review the feasibility of a citizens’ health survey,” has never been attempted. Facility management admits that the sum promised in the GNA, $4,000, was barely a fraction of what would be needed for a cross-sectional epidemiological study of Manchester and a carefully selected control community. Residents continue to express their concerns regarding the prevalence of cancer in the area. Yet, the CAC has to date been unable to mobilize sufficient support to initiate serious talks with Rhodia about such a study. Discussion A very telling announcement was made by a number of industries, including Rhone Poulenc, five days before its permit modification was issued in December, 1992: they would agree to take part in the TWC’s Clean Industries 2000 program.76 In order to qualify for the program, a company had to agree to either make at least a 50% reduction in its generation of toxic substances, or commit to a similar reduction in its direct release. The news was followed by word that area industries had been working since at least the late 1980’s to develop public warning systems. A more recent conclusion to negotiations between residents and officials with neighboring Lyondell and Equistar Chemicals has lead to substantial emissions cuts.77 The latter agreement was reached with two facilities that together released 20% of the benzene in Harris County. With the help of a facilitator who also managed discussions on the area CAP, residents met with the companies 32 times following planned facility expansions in 1997 that were later scrapped. The discussions yielded changes in plant procedures, processes, and equipment, and have already reduced emissions of benzene by 40% and butadiene by 41%.