After Explosion, Texas Remains Wary of Regulation - NYTimes.com - 0 views
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Five days after an explosion at a fertilizer plant leveled a wide swath of this town, Gov. Rick Perry tried to woo Illinois business officials by trumpeting his state’s low taxes and limited regulations. Asked about the disaster, Mr. Perry responded that more government intervention and increased spending on safety inspections would not have prevented what has become one of the nation’s worst industrial accidents in decades.
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Even in West, last month’s devastating blast did little to shake local skepticism of government regulations. Tommy Muska, the mayor, echoed Governor Perry in the view that tougher zoning or fire safety rules would not have saved his town. “Monday morning quarterbacking,” he said.
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Texas has always prided itself on its free-market posture. It is the only state that does not require companies to contribute to workers’ compensation coverage. It boasts the largest city in the country, Houston, with no zoning laws. It does not have a state fire code, and it prohibits smaller counties from having such codes. Some Texas counties even cite the lack of local fire codes as a reason for companies to move there.
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But Texas has also had the nation’s highest number of workplace fatalities — more than 400 annually — for much of the past decade. Fires and explosions at Texas’ more than 1,300 chemical and industrial plants have cost as much in property damage as those in all the other states combined for the five years ending in May 2012. Compared with Illinois, which has the nation’s second-largest number of high-risk sites, more than 950, but tighter fire and safety rules, Texas had more than three times the number of accidents, four times the number of injuries and deaths, and 300 times the property damage costs.
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“The Wild West approach to protecting public health and safety is what you get when you give companies too much economic freedom and not enough responsibility and accountability,”
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That is particularly true in the countryside. “In rural Texas,” said Stephen T. Hendrick, the engineer for McLennan County, where the explosion occurred, “no one votes for regulations.”
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This antiregulatory zeal is an outgrowth of a broader Texas ideology: that government should get out of people’s lives, a deeply held belief throughout the state that touches many aspects of life here, including its gun culture, its Republican-dominated Legislature and its cowboy past and present.
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But federal officials and fire safety experts contend that fire codes and other requirements would probably have made a difference. A fire code would have required frequent inspections by fire marshals who might have prohibited the plant’s owner from storing the fertilizer just hundreds of feet from a school, a hospital, a railroad and other public buildings, they say. A fire code also would probably have mandated sprinklers and forbidden the storage of ammonium nitrate near combustible materials. (Investigators say the fertilizer was stored in a largely wooden building near piles of seed, one possible factor in the fire.)
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This week, Mr. Perry’s press office announced that Texas had been ranked for the ninth year in a row as the country’s most pro-business state, according to a survey by the magazine Chief Executive. Texas accounted for nearly a third of all private sector jobs created over the last decade, according to federal labor data. And under Mr. Perry, it has given businesses more tax breaks and incentives than any other state, roughly $19 billion a year.
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“Businesses can come down here and do pretty much what they want to,” Mr. Burka said. “That is the Texas way.”