Harris County Judge Lina Hidalgo says wastewater from Ohio train derailment has been in county for a week, will be treated at Deer Park facility

Hidalgo says she was told that about half a million gallons have already been transported to Harris County, and about two million are expected in total.

HOUSTON – Questions continue Thursday night after Harris County Judge Lina Hidalgo spoke about the Deer Park company hired to dispose of wastewater which was used to fight fires after a train derailment in East Palestine, Ohio.

Hidalgo said that some of the firefighting water has been in Harris County for days and more is expected in the coming weeks.

She added that, although there is no policy that warrants her office to be notified of the transport, it would have been courteous to know about it beforehand.

Ultimately, she called it a breakdown in communication between the company and officials.

“I also want folks to know that there are many things we don’t know that we should know. That doesn’t mean that something is wrong,” Hidalgo said. “The company has assured us that they have stored the firefighting water ‘in a way to remove the risk to water, groundwater, air emissions and protect public health.’”

So far, Hidalgo says she was told that about half a million gallons have already been transported to Harris County, and about 2,000,000 are expected in total.

Additionally, she made note of the impact it may have on those who are working in that facility and said she has more questions that need answers.

Precinct 2 Commissioner Adrian Garcia said late Wednesday that his office is aware of the situation.

“We are aware of a Deer Park company being contracted to dispose of potentially dangerous wastewater from the Ohio train derailment,” Garcia is quoted as saying. “My office has been in contact with HC Pollution Control, the fire marshal, and other subject-matter experts to ensure that if hazardous materials are coming to Harris County, it will be done so in as safe a manner as possible. I have also personally spoken with Deer Park Mayor Mouton, and we share the urgent need for safety.

“While there are assurances being made that transporting the wastewater poses minimal danger to people, my office will closely monitor the situation to make sure people aren’t put in any risk.”

The Texas Commission on Environmental Quality confirmed Texas Molecular, of Deer Park, is the company accepting the wastewater, releasing this statement to KPRC 2: “(Texas Molecular) Deer Park is receiving liquid waste from the Ohio train derailment for storage and ultimate disposal. TM Deer Park is authorized to accept and manage a variety of waste streams, including vinyl chloride, as part of their RCRA hazardous waste permit and underground injection control permit.”

Deer Park Mayor Jerry Mouton, Jr. shared this statement with KPRC 2:

“We are aware of the material coming into our region from the Ohio train derailment. The City of Deer Park has no concerns about the handling and disposal of this material. While Texas Molecular is outside Deer Park’s city limits and our jurisdiction, they are permitted by the EPA to conduct such things and have done so safely for over 40 years. We have been notified by Texas Molecular that the firefighting water collected was very diluted.

I have had discussions with Judge Hidalgo and Commissioner Garcia, and we all are working diligently to get the most factual information presented. We take the upmost(sic) care in preserving the integrity of our infrastructure and maintaining standards of safety for our community and constituents.

Texas Molecular has advised there will be no risk to water, groundwater, air emissions, etc. Specific questions should be directed to Texas Molecular, who has released the following media statement:

‘Texas Molecular specializes in helping customers and the environment reduce risk by safely sequestering water at our facility which is regulated by US EPA and TCEQ. We have operated at our Deer Park location for over 40 years. The waters are managed in accordance with TCEQ and EPA requirements, from reception to sample evaluation of each truck to storage in tanks to filtration to process tanks to sequestration. All trucks coming into our facility are authorized by DOT, EPA, and the states in which they operate.

‘We are chosen based on our capabilities, experience, and unique ability to handle a project of this size. We lower risk by having no discharges to groundwater, no discharges to surface water, and no thermal processes. Our technology safely removes hazardous constituents from the biosphere. We are part of the solution to reduce risk and protect the environment, whether in our local area or other places that need the capabilities we offer to protect the environment.

‘The firefighting water on the current project is similar to firefighting waters we have accepted and safely managed in the past including a very large fire a few years ago in our local area. The community and regulators were glad that we had the ability to manage large quantities of firewater safely in a reasonable amount of time. The amount of the original chemicals is very small. We are not managing any pure products. Case in point, vinyl chloride as a pure product is a gas. We do not accept vinyl chloride gas. As a constituent in the water, it is not a gas, it contains very low levels of soluble vinyl chloride. Since we manage waters and fire waters safely, the major difference between what we do on a regular basis versus the case of East Palestine, the firefighting water was from a train derailment with all abundance of news interest.

We are active members of the Deer Park Community Advisory Council (DPCAC), Deer Park Local Emergency Planning Committee (LEPC). We have briefed the City of Deer Park, DPCAC, and other stakeholders on the current project.’”

Texas Molecular Safety History

Texas Molecular has a fairly clean record in terms of both worker safety and environmental infractions.

KPRC2 Investigates reviewed an audit of the facility performed in 2022, it shows a pressure test performed earlier that year on the underground storage facility showed the system was intact. The company forwarded the results to both the TCEQ and EPA.

An inventory of the chemicals being held at the facility did not show any handling of vinyl chloride within the last 10 years.

Texas Molecular’s Deer Park facility, like almost every other petrochemical facility, does have a history of environmental fractions, although most appear to be relatively minor reporting issues, also common for the industry.

The largest fine in the last ten years was levied by the federal government to the tune of $160,000 for failing to submit required, completed reporting. That issue was in 2012-14 and appears to have been rectified.

Texas Molecular appears to be both properly and currently licensed by both the State of Texas and the federal government.

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About the Authors

Moriah Ballard joined the KPRC 2 digital team in the fall of 2021. Prior to becoming a digital content producer in Southeast Texas and a Houstonian, Moriah was an award-winning radio host in her hometown of Lorain, Ohio, and previously worked as a producer/content creator in Cleveland. Her faith, family, and community are her top passions.

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