January 7, 2010
On January 7th, U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson announced a proposal to lower the federal eight-hour ozone standard to between 60 and 70 parts per billion (ppb). This announcement comes only 18 months after EPA lowered the standard to 75 ppb in March 2008. With this new, stricter standard, more areas of the state such as Austin, San Antonio and Longview-Marshall could fall into nonattainment, and areas such as Houston and Dallas will have an even more difficult task reaching attainment. To view the full release, click on the following link: EPA News Release.
There will be a public hearing on the proposal in Houston on February 2, 2010. TCC will be actively engaged in both the hearing and submitting comments on this proposal. In the meantime, if you have any questions, please do not hesitate to contact Mike McMullen at (512) 646-6404 or mmcmullen@txchemcouncil.org.
November 5, 2009
On November 5th, President Obama and Environmental Protection Agency (EPA) Administrator Lisa Jackson announced the appointment of Dr. Alfredo “Al” Armendariz from Southern Methodist University as EPA Region 6 Administrator. This region encompasses Louisiana, Arkansas, New Mexico, Texas, Oklahoma and 66 Tribal Nations.
Regional Administrators are responsible for managing the Agency’s regional activities under the direction of the EPA Administrator.
Dr. Alfredo “Al” Armendariz is an Associate Professor at Southern Methodist University in Dallas, Texas, where he has taught environmental and civil engineering. For the past 15 years, Armendariz has worked in a variety of research and academic positions and has published several research papers. After college, he worked as a research assistant at the MIT Center for Global Change Science at their Atmospheric Chemistry Laboratory in Massachusetts. He later joined Radian Corporation in North Carolina as a chemical engineer and in 2002 he joined the faculty at Southern Methodist University and also spent a summer on special assignment to EPA’s Dallas office as an Environmental Scientist.
August 25, 2009
Governor Rick Perry announced the appointment of Carlos Rubinstein to the Texas Commission on Environmental Quality (TCEQ). Rubinstein will fill the vacancy left by Commissioner Larry Soward whose term expires on August 31st.
Rubinstein has served as TCEQ Deputy Executive Director since June of 2008, serving as the chief operating officer and assisting the Executive Director in the administration of the agency. Rubinstein’s background and experience will certainly be an asset as he assumes his new role as Commissioner.
“As Deputy Executive Director, Carlos has performed his duties with temperance and objectivity,” said TCC President Hector L. Rivero. “He has demonstrated an ability to work with stakeholders to identify pragmatic and reasonable solutions to complex issues. TCC congratulates Carlos on his appointment and looks forward to working with him in his new capacity as Commissioner.”
Previously, Rubinstein served as the TCEQ director of field operations for the border and South-Central Texas area, which includes the Austin, San Antonio, El Paso, Laredo, and Harlingen regions. In this capacity, Rubinstein provided oversight and direction and coordinated strategic planning, budget, purchasing, and human resource issues for the five regional offices.
Rubinstein also served as the Rio Grande Watermaster, responsible for allocating, monitoring, and controlling the use of surface water in the Rio Grande basin from Fort Quitman to the mouth of the Rio Grande River.
Rubinstein began his career at the agency as a waste program manager and moved up to serve as the regional director for the Harlingen and Laredo offices. He also worked for the city of Brownsville as the health and EMS director, health and permitting director, operations manager, and rose to the rank of city manager.
Rubinstein has a Bachelor of Science in Biology and Chemistry from The University of Texas – Pan American.
In addition to the appointment of Rubinstein, Governor Perry named Commissioner Bryan Shaw as the new Chairman of the Commission (effective September 10, 2009). TCC congratulates Commissioner Shaw and looks forward to working with the Commission in the future.
Op-Ed by Hector Rivero, TCC President & CEO
Americans should take note of the Chemical Facility Anti-terrorism Act being debated in Congress.
At a time when millions have already lost their jobs, the Chemical Facility Anti-terrorism Act (HR 2868) would force more people out of work by imposing needless and harmful regulations on American industry. It would also raise prices for many everyday products, including food, water, pharmaceutical drugs, fertilizers and energy.
Securing chemical facilities against deliberate attack is crucial to protecting Americans. The fact is that since 2006, clear and comprehensive chemical security regulations have been in place. Those regulations secure everything from chemical facilities to warehouses and university labs. The rules require facilities to address a wide range of threats, from preventing a bomb-laden car from reaching a target to preventing theft or diversion of materials from a site.
The current chemical security regulations are enforced by the Department of Homeland Security, which has clear authority to inspect facilities and apply strong penalties for non-compliance. Since the regulations have been in place, not one incident as a result of terrorism has occurred. These regulations have been effective. Removing the sunset date and making the chemical security regulations permanent would provide the certainty needed to both protect citizens and support our nation’s economic recovery.
Proposed legislation poses threats
Legislation being proposed by Congress should concern us all. It would create overlapping and conflicting security requirements that will cause disruptions of federal security standards, increase government red tape, and create more economic instability.
The proposed regulations also go beyond security protections by placing mandates on American manufacturers as to which products and process they use. These mandates will be imposed without any regard for practicality, availability or cost. If current provisions of the proposed bill are implemented, unemployment will shoot even higher and consumers may see prices for everyday consumer products skyrocket.
The chemical industry understands the importance of operating safe and secure manufacturing facilities. However, this can be accomplished without compromising our economic security.
By Hector Rivero, TCC/ACIT President
As published in June Issue of BIC Magazine
Safety… it is a word that the chemical industry takes very seriously. Workplace safety has long been a core value of chemical manufacturers in Texas and across the United States.
Nationwide, the business of chemistry spends more than $2 billion per year improving health and safety practices for its employees. As a result of these efforts, the illness and injury rates for the chemistry industry are one-quarter of the average rate for manufacturing, according to the Bureau of Labor Statistics.
Workers in the chemistry industry are safer than those in retailing, agriculture, food stores, and general merchandising. In fact, chemical workers are much more likely to be injured away from work than on the job. These statistics are rooted in strict safety protocols that exist at facilities, ranging from worker training in emergency procedures to detailed recording of safety incidents.
Since 1994, members of the American Chemistry Council (whose members must adhere to the Responsible Care® program as a condition of membership) have reduced their days away from work rate by 55 percent. And these companies have reduced their occupational injury and illness incidence rates by 66 percent since 1990.
Responsible Care® is the chemical industry’s global voluntary initiative in which companies work together to continuously improve their health, safety and environmental performance, and to communicate with stakeholders about their products and processes.
Through this program, the business of chemistry has achieved continual progress in improving worker safety, largely as a result of eliminating job hazards and the industry’s implementation of effective safety programs.
While there is no regulatory requirement to collect data on company contractor incidence rates, this information was collected for the first time in 2003. Contractors have improved their safety rate 22 percent in that short time period, and the data also shows that since 2005, their days away from work rate have been reduced by 25 percent.
Alliance with OSHA
ACC’s Responsible Care® initiative has recently signed a historic alliance with the U.S. Occupational Safety and Health Administration (OSHA) to recognize and promote the common health and safety commitments of ACC’s Responsible Care® initiative and OSHA’s Voluntary Protection Programs (VPP).
The Alliance additionally formalizes efficiencies between Responsible Care® audits and VPP evaluations. This alliance represents the first time that OSHA has entered into an agreement with an industry-wide performance improvement program.
The industry and OSHA will work to protect employees’ health and safety by sharing information, providing training and more effectively using resources with each other, ACC members, Responsible Care® partners, health and safety professionals, and the public.
TCC/ACIT EHS Seminar
On June 8-11, the Texas Chemical Council and the Association of Chemical Industry of Texas (ACIT) will host the TCC/ACIT EHS Seminar at Moody Gardens Resort in Galveston.
The event – which is expected to attract more than 700 environment, health and safety professionals – is the premier educational seminar for the chemical and refining industry in Texas. This seminar is designed to provide knowledge to foster personal growth of attendees and improve the performance of their organizations.
The gathering is oriented toward plant managers, production and maintenance supervisors, operators, and technicians, safety professionals and industrial hygienists, occupational health practitioners, environmental professionals, safety team members, contractors, service providers and others.
Industry Recognition
At the TCC/ACIT Awards Banquet on June 11th, the chemical industry will recognize TCC member companies who have demonstrated commitment and exemplary results toward safe operations throughout the previous year. Awards in this category recognize Occupational Safety Distinguished Service, Zero Incident Rate, and the Best in Texas.
In addition, the A.D. Cyphers Safety Professional of the Year Award and the Gerald R. Ehrman Leadership in Safety Management Award are presented to deserving individuals demonstrating outstanding service and leadership in safety.
The chemical industry is proud of its workplace safety record and continues to strive for a zero incident rate across the industry through its education and sharing of best practices. After all, safety doesn’t happen by accident!
Key provisions boosting career and technical education (CTE) have been approved by the Texas House of Representatives with the unanimous passage of House Bill 3 – the omnibus education reform legislation authored by Rep. Rob Eissler (R-The Woodlands), Chairman of the House Public Education Committee.
HB 3 included much of HB 2471 by Rep. Jim Keffer (R-Eastland), the bill that would allow Texas high school students to have access to CTE curriculum as part of the recommended graduation plan. This is legislation developed by Texas Employers for an Educated Workforce coalition led by the Texas Chemical Council, the Texas Association of Manufacturers (TAM), and Texas Oil & Gas Association (TXOGA).
“Our education system should not be one-size-fits-all,” said TCC President & CEO Hector Rivero. “It must be better aligned to prepare students for both college and the workplace. Texas can step in line with the reality of today’s labor market by embracing a more flexible school system that provides multiple education options, including those found in CTE programs.”
TCC and ACIT made workforce development a high priority when our industry began seeing a shortage of available skilled labor, coupled with an aging and increasingly retirement-eligible workforce. Add the fact that Texas leads the nation in percentage of high school drop-outs, it became clear that both school districts and students need the flexibility in their graduation plans for career and technical education courses. HB 3, as passed by the Texas House, would:
- Add capacity to high school students' schedules by allowing 8 non-prescribed elective credits. These unencumbered electives are important, allowing more CTE course to be offered and taken.
- Allow for applied CTE courses that meet the Texas Essential Knowledge and Skills (TEKS) of a math or science course required under the foundation curriculum requirements to be substituted for that course, provided that the student still takes the appropriate End-of-Course exam. (Example: a student takes Geometry in Construction in lieu of a traditional Geometry course and takes the Geometry End-of-Course exam to prove that he/she has mastered the necessary skills, currently this can only occur after the successful completion of Algebra II and Physics.)
- Allow total flexibility in the fourth year of math and science to include any math or science course, not just those that are above the level of rigor of Algebra II or Physics.
- Create an expedited course approval process of 180 days for CTE courses, so school districts don’t have to wait years for state agency approval.
- Create a committee of industry and education representatives to review and recommend potential CTE courses.
- Create a database of jobs and careers with wage and benefit averages that can be shared with school districts, students and parents.
- Include $25 million for the development of rigorous but relevant CTE courses that can count toward both high school credits and college credit.
- Remove the stigma of the “minimum” graduation plan by renaming it the “basic” plan.
“Lawmakers can deliver good news to students and employers by offering a variety of education opportunities to prepare students for today’s competitive job market,” said Rivero. “Eighty percent of the fastest growing jobs today do not require a traditional baccalaureate degree, yet Texas public schools provide very little in the way of preparation for students who will not pursue a four-year college degree.”
CTE programs expose students to the skills required for quality jobs after high school by providing hands-on apprenticeships that can lead to professional certifications. But, most CTE courses are considered elective or “enrichment” classes and don’t count toward current math and science requirements. Students would be better served and might find academic courses more relevant if curriculum was taught in an applied manner, like that found in CTE courses.
The ACIT Mid-Coast Region hosted an Economic Outlook Breakfast on April 1st at the Dow Chemical complex in Freeport. Panelists included Kay Johnson with Hunton Energy, Tom Rich with ConocoPhillips, Mike Wilson with the Port of Freeport, and Gary Hockstra of Dow.
Johnson outlined Hunton’s plans to build a $3-4 billion facility to make synthetic natural gas from petroleum coke and to collect and market the carbon dioxide and sulfur. While Hunton hopes to break ground in 2009, financing – not TCEQ permitting – is the big obstacle.
Rich described ConocoPhillips’ successful turn-around of their refinery and thanked the more than 3,000 contractors who worked on the project.
With the Port of Freeport expanding, Wilson talked about the new container terminal being built, areas for staging windmill components, and widening the port entrance to accommodate Liquefied Natural Gas (LNG) tankers.
Finally, Hockstra mentioned Dow’s purchase of Rohm & Haas, which closed earlier that day. He said business is soft and demand is weak, but he hoped Dow would be bringing back more workforce and contractors gradually through the remainder of 2009.
Texas Chemical Industry Actively Supports Legislation Promoting Career & Technical Education
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Representative Jim Keffer (left foreground) listens to supporting comments on his career and technical education bill from Hector Rivero, President & CEO of the Texas Chemical Council . |
The Texas Chemical Council (TCC) applauds Career and Technical Education legislation highlighted March 5 by Representative Jim Keffer (R-Eastland) and several other legislators, that would allow Texas high school students to have access to career and technical curriculum as part of the recommended graduation plan.
House Bill 2471 was unveiled during a Capitol press conference, where Representative Keffer called for an “opportunities option” that would allow students to take classes in alternative areas, including career and technical education, English language arts, social studies, non-English languages and fine arts. Representative Keffer was flanked by a bipartisan and diverse group of legislators, all supporting the initiatives in HB 2471.
“Career and technical education’s time has come,” Keffer said. “We can’t go about business as usual any more…. It’s important that we have something that will allow our kids to have the most opportunity to stay in school and graduate and be contributors to the economy.”
TCC President & CEO Hector Rivero praised Representative Keffer’s bill as an opportunity to educate and train the next generation of skilled workers for industry and other manufacturers who provide millions of high-paying Texas jobs.
“Our education system must be aligned with the needs of Texas employers and offer a variety of educational opportunities to prepare students for today’s competitive and highly skilled workforce,” Rivero said. “Providing a direct link between coursework and future career opportunities can provide the necessary relevance to keep students interested in school and engaged in learning.”
Representative Keffer’s bill is supported by Texas Employers for an Educated Workforce, a coalition of business groups that include the Texas Chemical Council, Texas Association of Manufacturers, Associated Builders and Contractors of Texas, Associated General Contractors-Texas Building Branch, Association of Electric Companies of Texas, and Texas Oil and Gas Association. The coalition is attracting broad legislative support for the initiatives in HB 2471.
“It is time for Texas to recognize today’s labor market needs and embrace a more flexible school system that values all students and provides multiple education options,” the workforce coalition said in a statement. “With one of the highest dropout rates in the U.S. (33%), Texas public policy makers must recognize that coursework relevance is as important as academic rigor. Expanding programs that combine academic content with practical workplace applications will go far in meeting not only the needs of students, but also the needs of Texas employers.”
The coalition said Keffer’s bill would bring multiple benefits to Texas education, including:
• A quality educational curriculum that combines rigor with relevance to meet the diverse interests of state high school students
• Flexibility for local school districts to work with institutions of higher education and employers on curricula that include dual credit articulation, technology training, and other applied learning
• Input from the Texas Workforce Commission by requiring job and career information to be made available to school districts, students and parents as part of a comprehensive career and college information plan
• Changing the name of the stigmatized “Minimum Plan” to “Standard Plan” and using the latter as a tool to keep students engaged in learning through greater course flexibility and opportunities for applied learning
“For many students, success may equate to graduating from high school and transitioning into a career that will give them the confidence, skills and financial resources to further pursue their aspirations for personal success,” said Rivero. “Rep. Keffer’s bill is a bold step in that direction.”
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An infrared camera for detecting emissions |
The U.S. Environmental Protection Agency (EPA) has approved the use of optical gas imaging technology, such as infrared cameras, as a voluntary alternative work practice for leak detection and repair at chemical manufacturing plants.
In helping set the stage for the new alternative, TCC partnered with EPA in an IR Camera Study to test various infrared camera technologies. The study, which began last year and is still ongoing, involves extensive third party lab testing at an Iowa facility and field testing at two TCC member sites. In addition to providing facilities for EPA to conduct its testing, TCC and EPA matched contributions to fund the study. TCC’s active participation in testing the infrared camera technology helped make it possible for EPA to gain final approval for the new regulation.
“The committed support of TCC members has made this regulatory alternative possible,” said Hector Rivero, TCC President. “This is another example of how the chemical industry is voluntarily embracing the best available control technology to reduce emissions, improve efficiency, and protect the health and safety of our employees and the communities where we operate.”
Fugitive gas emissions occur in valves, piping connections, pump and compressor seals, and other hard-to-find places as part of the normal wear-and-tear of manufacturing equipment. These emissions account for about half of all plant emissions which have previously been found only by labor intensive Method 21 inspections, which are required under state and federal law. By contrast, an infrared camera can scan large areas and miles of pipeline to deliver thermal images and can pinpoint the smallest of gas leaks in real time. The emissions look like black smoke on the camera’s screen for easy detection, allowing for quick repairs and significant emissions reductions.
Some member companies are voluntarily using infrared scanning on a broad scale. “We are using IR cameras in all of our facilities in the
The EPA-led study will continue final field testing in 2009 and issue its final report later this year. The study is due to be completed by December 31, 2009.
State Rep. Joe Straus (R-San Antonio), a pro-business leader with a reputation for fiscal conservatism, was elected Speaker of the Texas House of Representatives during the opening ceremonies of the 81st Legislature on January 13th. |
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TCC Chairman Greg Kraft (Alcoa) has announced the appointment of John R. “Bobby” Laughlin of DuPont to succeed Steve Wood (LyondellBasell) as Chairman of the TCC Occupational Safety Committee. Laughlin has served on the TCC Board of Directors since 2007 and will join the Executive Committee as Chair of the Occupational Safety Committee.
Steve Wood serves as Vice Chairman of TCC and will continue to serve as an officer on the TCC Executive Committee.
Laughlin is the Plant Manager at DuPont’s LaPorte, TX site. He began his career in 1978 with DuPont at their Victoria, TX site, holding various roles in operations management, including Production Supervisor, Supply Chain Manager, HR Manager, and Corporate Operations Consultant. Laughlin also served as Plant Manager at DuPont’s Yerkes site in Buffalo, NY before becoming Plant Manager at DuPont’s La Porte site in 2007.
Laughlin is Sponsor for the DuPont Corporate Electrical Safety Team, a member of the LaPorte Plant Managers Group, and serves on the University of Texas Chemical Engineering Advisory Board. He holds a bachelor’s degree in chemical engineering from the University of Texas
“I am very pleased to appoint Bobby as Chair of the TCC Occupational Safety Committee,” said Kraft. “DuPont is an industry leader in occupational safety, and Bobby brings many years of industry experience to an already robust committee of safety professionals. I look forward to working with Bobby in this important role within TCC. I would also like to thank the outgoing Chair, Steve Wood, for his leadership of the Committee.”
The TCC Occupational Safety Committee manages all issues relating to occupational safety within the chemical industry. The Committee provides a forum for the free exchange of best practices and stays abreast of the latest trends in safety technology and regulations. The Committee also promotes educational opportunities within the industry, including the Annual TCC/ACIT Environmental Health & Safety (EHS) Seminar – one of the nation’s best educational seminars for chemical industry professionals.
The Occupational Safety Committee also administers the Distinguished Service and Best in Texas awards, which recognize TCC member facilities that have achieved exemplary results and demonstrated commitment to safe operations through implementation of TCC safety-related programs.
“It has been an honor to serve as Chairman of the TCC Occupational Safety Committee,” stated Steve Wood. “This committee performs a very important role to ensure that safety remains at the forefront of everything we do in the chemical industry. I am confident that Bobby Laughlin will proudly carry the torch and provide great leadership for the committee.”
