Houston Chronicle Patricia Kilday Hart column [Houston Chronicle]

Aug. 27--AUSTIN -- While state leaders have expressed reluctance to impose new government regulations in response to the April fertilizer facility explosion in West, the state insurance commissioner and state fire marshal testified Monday they are encouraging voluntary compliance with safety initiatives that may induce change in the low-tech, high-risk industry.

Commissioner Julia Rathgeber said her office has been surveying insurance companies that insure operations that handle fertilizer and its highly volatile ingredients, such as ammonium nitrate, the source of the West explosion. The department hopes to share information about prerequisites for obtaining insurance coverage.

"We will continue to work with the marketplace to see underwriting guidelines, to determine best practices in the future," she said in testimony before the Texas House Committee on Homeland Security and Public Safety. Some insurers require adherence to nationally recognized fire prevention standards, which could induce companies to voluntarily improve safety at their facilities. "You don't have to wait for legislation to do that," she said.

Rep. Tim Kleinschmidt, R-Lexington, asked Rathgeber if she believed the insurance marketplace could encourage fertilizer operations "to remediate facilities in this state."

"That's what we are hoping," she said.

Rep. Dan Flynn, R-Van, advised against a "knee-jerk" reaction involving new government regulations because of the tragedy, which took 15 lives. "If we are not careful, we are going to get like the federal government and put diapers on cows," he said.

State Fire Marshal Chris Connealy said his office is attempting to inspect the 150 facilities in Texas with more than 10,000 pounds of ammonium nitrate to make safety recommendations. Since Texas has no state fire code, he said, he cannot force compliance. To date, five businesses have refused the inspections, he said.

Lawmakers heard that forensic testing of material from the blast site in West will not be concluded until next year by a federal lab. However, Connealy predicted that an investigation into the deaths of volunteer firefighters in West may be available within a few months.

He predicted the report would include recommendations for fire departments to evaluate "risk versus gain" before sending firefighters into an active fire. His department is developing a website with updated information on hazardous material sites so the public -- and first responders -- have the information collected by various state agencies.

Rep. Joe Pickett, D-El Paso, urged State Chemist Tim Hermann to adopt a rule requiring hazardous materials facilities to post signs for the benefit of first responders.

While the source of the fire in West has not yet been determined, Assistant State Fire Marshal Kelly Kistner said his office had received new leads in recent weeks and will be "taking a look at" several individuals as a result. Investigators believe that a West paramedic arrested for possession of pipe bomb materials had no connection to the explosion.

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