Texas lawmaker unveils bill to beef up AN regs

Austin — Texas State Rep. Joe Pickett (D-El Paso) on July 2 introduced a draft bill that would make the first changes to ammonium nitrate storage requirements in Texas since the 2013 fire and explosion at West Fertilizer Co. in West, Texas. Pickett is chair of the Texas House Homeland Security and Public Safety Committee, and his proposed legislation would adopt national fire code standards for storing AN in Texas, which require noncombustible storage facilities or fire sprinklers. The bill also gives inspection and enforcement power over AN storage facilities to the State Fire Marshal’s Office, and gives additional inspection authority to the Texas Commission on Environmental Quality (TCEQ) and local volunteer fire departments. Picket described the legislation as “minimal,” noting that it focuses only on AN rather than mandating a statewide fire code, and also gives facilities three years to comply. The bill drew criticism from some Republican lawmakers, however, including Reps. Dan Flynn (R-Canton) and George Lavender (R-Texarkana), who said it would be too costly for businesses and would be viewed as regulatory overreach by the TCEQ. Pickett said he hopes to file some version of the bill when the next legislative session convenes in January 2015.