EPA Administrator Resigns Over “Crucify” Comments Regarding Enforcement Philosophy on Environmental

Al Armendariz EPA

EPA chief resigns after outrage over comments saying EPA should figuratively “crucify” EPA offenders to set an example.

April 30 2012 – Baghouse.com News | A top EPA regional administrator resigned today over controversial comments regarding his views of how the EPA (Environmental Protection Agency) should enforce its environmental regulations, saying that the EPA should do like the ancient Romans who would crucify conquered villagers to set an example. Al Armendariz, the administrator for the EPA’s 6th region tendered his resignation after his remarks draw the ire of various members of Congress and the media.

In his letter of resignation to EPA Administrator Lisa Jackson, he expressed his regret over his statements, and claimed they did not reflect his work as an EPA administrator, or the EPA’s views general. However, he acknowledged that with the controversy his continued work at the EPA cause an undue distraction, and therefore he felt it necessary to resign.

At a local government meeting in Texas in 2010, Armendariz liked his “philosophy of enforcement” of EPA policy to how the Romans would use crucifixion to intimidate recently conquered lands. “It was kind of like how the Romans used to, you know, conquer villages in the Mediterranean,” he said. “They’d go in to a little Turkish town somewhere, they’d find the first five guys they saw, and they’d crucify them. And then, you know, that town was really easy to manage for the next few years,” he added.

Armendariz went on to related that “you make examples out of people who are in this case not complying with the law … and you hit them as hard as you can” — to act as a “deterrent” to others. He went on to say that the oil and gas industry needed to be an “enforcement priority” for the agency. The oil and gas industry along with the power generation industry have been coming under increased pressure from new and tougher environmental regulations such as the Cross-State rule, Mercury MACT, NESHAPs, and more. Many companies will need to make extensive investments in pollution control technologies such as sistemas de control de polvo, air scrubbers and mercury capture systems to comply with the new rules.

In accepting his resignation, EPA Administrator Jackson reiterated earlier sentiments that the EPA did not agree with Armendariz comments or views as expressed in his speech. “I respect the difficult decision he made and his wish to avoid distracting from the important work of the agency,” she said, thanking him for his service.

Critics Claim Remarks Are Evidence of Obama-EPA’s “Assault On Energy”

Critics of the EPA have taken the controversy as the latest proof that the “Obama-EPA” is playing partisan politics and is acting in bad faith to further the Administration’s alleged vendetta against the U.S. energy industry.

The controversy began earlier this week when Sen. James Inhofe (R-Okla.), a vehement critic of the Obama Administration (particularly on environmental issues) referenced the remarks in a speech on the Senate floor. Sen. Inhofe then proposed to launch an investigation into alleged politically-motivated bias on the part of the “Obama-EPA”.

Sen. Inhofe was not the only member of Congress to weigh in on the controversy. Several Republican lawmakers also expressed outrage and called for Armendariz to be fired including Reps. Steve Scalise (R-La.) and Pete Olson (R-Texas).

Rep. John Fleming (R-La.), called the comments “enviro-fascism at its worst.” The EPA’s Region 6 includes Louisiana, Texas, New Mexico, Arkansas, and Oklahoma.

House Speaker John Boehner (R-Ohio) reached out on Twitter, stating that the “Obama admin admits ‘crucify’ strategy for energy job creators.”

And Texas Gov. and recent Republican Presidential Primary candidate Rick Perry took the comments as “another reason to all-but-eliminate EPA” called the comments “unacceptable & offensive”.

Another top Republican, House Oversight and Government Reform Committee Chairman Darrell Issa (R-Calif.), plans to question EPA about the remarks. “He’s writing to EPA to seek clarification and express outrage with comments that are clearly at odds with the president’s prior comments on domestic energy production and that are clearly anathema to the cause of job creation,” a spokesman for Issa said.

In addition to lawmakers, several business and trade organizations are taking aim at the EPA over the controversy. Energy in Depth, an oil-and-gas industry group, is also highlighting the comments over Twitter and on its website, providing updates on the controversy including the calls for GOP members for his resignation. Other groups including the Business Roundtable and the Institute for Energy Research also took to Twitter to vent their feelings on the matter, criticizing the EPA and the Obama Administration.

The White House Denies Link To Armendariz Controversy – Cites Record As Proof

White House Press Secretary Jay Carney on Thursday called the comments at odds with the administration’s record of promoting oil-and-gas development and EPA’s approach. He pointed to increased oil and natural gas production in recent years as proof.

“The president’s approach, his all-of-the-above approach to our energy needs, I think documents and proves that those comments do not reflect his policy or the approach that the EPA has taken,” Carney said.

Carney also reiterated that the regional EPA official has apologized for the remarks. “What he said is clearly not representative of either this president’s belief in the way that we should approach these matters, or in the way that he has approached these matters, either from this office here in the White House or at the EPA,” Carney said at a press briefing.

While the ousting of Armendariz from his position is likely to be sufficient to reassure most, it is not likely to be the end of the matter. Given the serious implications of these words from a top level EPA administrator (one of the most important regions, the oil-rich South and Southwest), the Obama Administration’s tough stance on environmental issues, and role the booming U.S. oil fracking industry has in the nation’s future, ensure this issue will not go away. Republicans are likely to use this experience as a part of a continuing rally against Obama’s energy and environmental agenda…a fight that does not have a clear victor in sight.

| Dominick DalSanto is an Author & Environmental Technologies Expert, specializing in Dust Collection Systems. With nearly a decade of hands-on working experience in the industry, Dominick’s knowledge of the industry goes beyond a mere classroom education. He is currently serving as Online Marketing Director & Content Manager at Baghouse.com. His articles have been published not only on Baghouse.com , but also on other industry related blogs and sites. In his spare time, Dominick writes about travel and life abroad for various travel sites and blogs.

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CSB Nine Years Later, Still No Dust Regulation – Urges OSHA To Finalize Combustible Dust Safety Standard

A factory that has been destroyed by a Dust Explosion

Nine years after the first of a series of deadly combustible dust explosions in the U.S., the CSB (Chemical Safety Board) is imploring OSHA to take decisive action and finalize its court-ordered Combustible Dust Standard. Investments in plant dust collection systems will be vital to meeting the new proposed standards.

April 4, 2012 – Baghouse.com News | Fed. 20, 2003, CTA Acoustics plant in Corbin, Ky, 7 dead; Feb. 7, 2008 Imperial Sugar Refinery in Port Wentworth, Ga, 14 dead, 38 injured; various dates in 2011, Hoeganaes powdered iron metal manufacturing plant in Gallatin, Tn, 5 dead in 3 separate incidents in 5 months. These are just a few of the deadly industrial dust explosions to occur in the U.S. over the last decade. In each of these incidents, the lives of these workers were tragically cut short by the seemingly-innocuous dusts present in the facilities.

The Chairperson of the U.S. Chemical Safety Board (CSB) Rafael Moure-Eraso, in a recent article has called attention to the fact that despite several deadly incidents occurring in the nine years since the CTA explosions, OSHA still has yet to follow through with its pledge to issue a comprehensive combustible dust safety standard for general industry.

Chairperson Moure-Eraso  relates the progression of events that lead to the CSB calling for OSHA to implement a comprehensive standard for combustible dust.  “The safety board launched a study into the hazards of combustible dust. Our 2006 report revealed there is no national regulation that adequately addresses combustible dust explosion hazards in general industry. Although many states and localities have adopted fire codes that have provisions related to combustible dust, a CSB survey found that fire code officials rarely inspect industrial facilities to enforce the codes. The board clearly stated that American industry needs a comprehensive federal combustible dust regulation.”

While the explosion at the CTA Acoustics plant in Corbin, Ky did lead the CSB to issue a number of recommendations to both plant management, local and state regulators, it was not until the 2008 Imperial Sugar Refinery explosion in Port Wentworth, Ga, that left 14 dead and 38 injured, that the CSB made its recommendation to OSHA to issue a “comprehensive combustible dust standard for general industry”.

The CSB is an independent governmental agency charged with investigating industrial chemical accidents. And while they do have limited authority to investigate and issue recommendations, they do not have the power to enforce safety regulations.

Despite its repeated recommendations to OSHA for the urgent need for hazardous dust standards, he relents: “ Yet, nine years after the CTA catastrophe, and more than five years after our recommendation to OSHA, there is still no comprehensive OSHA standard to prevent these accidents.”

After the CSB’s recommendations, OSHA in April, 2009 announced that it planned on issuing a comprehensive dust standard for general industry. However, its recent 2012 agenda does not include any specific mention of goals or targets for the development of the standard during the course of this year.

Will There Ever Be a Comprehensive Combustible Dust Safety Standard?

While the U.S. is still struggling to prevent these kinds of incidents from occurring, the rest of the world is not immune from them either. In fact, major manufacturers such as China, which often lack extensive safety regulations, are even more prone to experience these kinds of incidents. According to recent reports, last year saw two electronics manufacturers in China that produce parts for Apple Computer products experienced dust explosions when fine particles of aluminum ignited, killing four workers and injuring dozens of others. Apple’s Supplier Responsibility documents state that the company is now requiring improved ventilation, inspections and cleaning methods for dust deposits.

Without a standard that comprehensively addresses the hazards of combustible dust, American workers will continue to be put at risk for future catastrophic explosions and fires.

“I don’t know what steps China is taking to prevent its dust explosions, but I do know what can be done here in the U.S. It’s time for OSHA to move on a comprehensive regulation to adequately address combustible dust hazards” – stated CSB Chairperson Moure-Eraso.

What Does This Mean For U.S. Manufacturers?

While the current status of combustible dust regulation is not fixed on a federal level, (i.e. OSHA) the dangers of combustible dust still present a clear and present danger to both the financial interests of U.S. manufacturers and the lives of U.S. workers.

As a result of the long history of combustible dust explosions in the U.S. many state and municipal fire codes and other regulatory agencies already have combustible dust regulations for most industries.  In addition, many insurance providers are requiring plants as part of regular safety audits to improve dust hazard protection in their facilities as a condition of maintaining their coverage.

dust collection systems

Maintaining a sufficiently-sized dust collection system is vital to prevent combustible dust explosions.

The first step to preventing these incidents is recognizing the dangers combustible dusts present in an industrial setting. Measures to control or mediate combustible dust hazards include maintaining a adequate sistema de colección de polvo (i.e. a baghouse), good house-keeping practices and good facility design.

A main contributing factor in all of the above mentioned incidents was an improperly operated or maintained dust collection system. From inefficient collection pickup points, to bucket elevators that were not properly cleaned and sealed, to conveyor systems that were overloaded to baghouses of insufficient size and fire protection. A relatively minor investment in a facility’s dust collection system, such as changing to a sufficiently sized collector (i.e. larger CFM, larger baghouse with more dust collector bags) or additional baghouses will prevent the kind of massive capital loss and loss of life seen in these past incidents.

While governmental regulation will not ensure that these tragic incidents are the last of their kind, it is hoped that along with increase corporate awareness and ever-improving dust collection technology, these incidents will become rarer and rarer. Saving not only billions of dollars for companies, but safeguarding millions of workers in these industries.

Dominick DalSanto is an Author & Environmental Technologies Expert, specializing in Dust Collection Systems. With nearly a decade of hands-on working experience in the industry, Dominick’s knowledge of the industry goes beyond a mere classroom education. He is currently serving as Online Marketing Director & Content Manager at Baghouse.com. His articles have been published not only on Baghouse.com , but also on other industry related blogs and sites. In his spare time, Dominick writes about travel and life abroad for various travel sites and blogs.

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