2017 Crosby, TX Fires
Overall background
The law and facts of the Arkema case
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6:50 PM EDT - August 29, 2017
The site anticipated the storm, and safely shut down all operations before hurricane landfall. The facility has had extraordinary levels of rain, receiving approximately 40 inches by Monday afternoon. The site has been heavily flooded and without electric service since early Sunday morning. Back-up generators have largely been inundated with water. A small ride-out crew of eleven people had remained on site for some days.
As of late this afternoon, the situation at the Crosby site had become serious. In order to ensure the safety of our ride-out team, all personnel have been evacuated from the site at this time. We are working with the Department of Homeland Security and the State of Texas to set up a command post in a suitable location near our site. We also have been in contact with other regulatory authorities, who are aware of this situation.
Arkema manufactures organic peroxides at the Crosby plant. The primary challenge has been maintaining refrigeration for these products, which are stored at low temperature. The site lost refrigeration to all of its cold-storage warehouses when electrical power was lost and back-up generators were flooded. Our team then transferred products from the warehouses into diesel-powered refrigerated containers, and continued to monitor the situation.
At this time, refrigeration on some of our back-up product storage containers has been compromised due to extremely high water, rising to levels that are unprecedented in the Crosby area. Arkema is limited in what it can do to address the site conditions until the storm abates. We are monitoring the temperature of each refrigeration container remotely. At this time, while we do not believe there is any imminent danger, the potential for a chemical reaction leading to a fire and/or explosion within the site confines is real.
We have no higher priority than the safety of our employees, neighbors and the environment. We have been working without pause to keep our materials safe.
5:55 PM EDT, August 30, 2017
The nation is dealing with a natural disaster of enormous magnitude in Texas. As part of that, Arkema is dealing with a critical issue at our Crosby, Texas facility. Please let me begin by thanking our brave and dedicated employees who safely shut down the site before Hurricane Harvey made landfall. Like everyone else in the region, these folks were dealing with personal and family issues caused by the storm, yet they performed their tasks in the most professional manner.
Next, we apologize to everyone impacted by our situation, particularly in combination with the horrible conditions visited upon the region by the hurricane. We are working closely with many governmental authorities and first responders, and we want to thank them for their guidance, professionalism, and dedication. People are working around the clock under extremely challenging conditions, and the work thus far has been tremendous. We cherish the strong relationships and support we have received from our neighbors, the United States Department of Homeland Security, Harris County Office of Homeland Security and Emergency, Harris County Fire Marshall’s Office, Harris County Texas Sheriff’s Office, Federal Emergency Management Agency, and our elected representatives.
Our Crosby facility makes organic peroxides, a family of compounds that are used in everything from making pharmaceuticals to construction materials. But organic peroxides may burn if not stored and handled under the right conditions. At Crosby, we prepared for what we recognized could be a worst-case scenario. We had redundant contingency plans in place. Right now, we have an unprecedented 6 feet of water at the plant. We have lost primary power and two sources of emergency backup power. As a result, we have lost critical refrigeration of the materials on site that could now explode and cause a subsequent intense fire. The high water and lack of power leave us with no way to prevent it. We have evacuated our personnel for their own safety. The federal, state, and local authorities were contacted a few days ago, and we are working very closely with them to manage this matter. They have ordered the surrounding community to be evacuated, too.
We are setting up a call center to handle questions from neighbors and others affected, and a claims center to handle financial claims related to Arkema’s Crosby situation. Also, we’ve reached out to local crisis leaders in Harris County and offered our support. Once more, we apologize for impacting their lives. We thank the governmental authorities who are working closely with us for their guidance and professionalism and will continue to work with them until this situation is resolved.
Crosby update at 5:30 PM EDT August 31, 2017
Site status
At this writing, only one container of organic peroxides at the Crosby site has been lost to fire. The entrance to the site remains flooded, though the flood waters are receding. We continue to work with local authorities who are monitoring the site. And we continue to monitor the temperatures in the remaining trailers. There have been no reports of any fires or smoke at the site.
Arkema held an audio press conference today. Almost 80 reporters were in attendance, along with other interested parties.
The entire audio of the conference is available from AT&T.
Dial 800-475-6701
Access code 429613.
This audio playback will be available through Tuesday, September 5.
Local impact
The 1.5 mile evacuation perimeter remains in effect and everyone should remain outside this perimeter until local officials announce that the area is safe.
The Arkema site in Crosby, Texas has been shut-down since Friday.
Site status
At this writing, one of the trailers at the Crosby plant containing organic peroxides caught fire early Thursday morning and burned. Some of the area surrounding the trailer was burned or charred, but any adjacent fires burned themselves out. We continue to monitor the temperature in the remaining trailers and there is evidence suggesting that other trailers will soon burn, but there have been no reports of any fires or smoke.
Local impact
The 1.5 mile evacuation perimeter remains in effect and everyone should remain outside this perimeter until local officials deem the area safe.
Crosby update at 5:30 PM EDT September 1, 2017
Site status
Around 5:05 p.m. (CDT), representatives of the Harris County Emergency Operation Center observed multiple dark plumes of smoke coming from the Arkema Inc. plant in Crosby, Texas. Shortly thereafter, fire was observed at the plant.
Two of the remaining containers of organic peroxides at the Crosby site have now been lost to fire. The entrance to the site remains flooded, though the flood waters are receding. We continue to work with local authorities who are monitoring the site.
Arkema held an audio press conference this morning. Almost 80 reporters were in attendance, along with other interested parties.
The entire audio of the conference is available from AT&T.
Dial 800-475-6701
Access code 429613
This audio playback will be available through Tuesday, September 5.
The 1.5 mile evacuation perimeter remains in effect and everyone should remain outside this perimeter until local officials announce that the area is safe.
Crosby update at 7:30 PM EDT September 1, 2017
Six Remaining Containers Have Largely Burned Out
Arkema Inc., in coordination with unified command, took proactive action this evening shortly before 5 p.m. to safely cause ignition of the remaining containers at the company’s site in Crosby, Texas. The remaining six containers storing organic peroxide products have now largely burned themselves out.
While this is an important step toward resolution of this situation, residents who were evacuated from the area within 1.5 miles of the plant should await further notice from emergency response officials on when they can begin returning home.
Arkema will continue to coordinate with emergency response officials and keep the community informed of our actions.
Arkema Inc. Crosby update - 7:30 PM EDT September 3, 2017
Arkema will open an assistance center at the Crosby High School on Monday, September 4. The center will be open from 9 AM to 5 PM. The center will provide assistance to people who were affected by the evacuation order. We can help you find temporary housing, assist with meeting immediate needs, and provide information on filing claims for more complex issues.
Arkema Inc. Crosby update - 1:00 AM EDT September 4, 2017
1.5-mile evacuation zone lifted for area surrounding Arkema Crosby facility
The Crosby Fire Department and unified command have determined it is safe for residents to return to their homes. The 1.5-mile evacuation zone around the Arkema Inc. facility has been lifted and is no longer in effect. Arkema thanks the unified command for their hard work and professionalism to ensure the safety of all during the post-Hurricane Harvey period.
The perimeter of the Arkema Crosby site is secured. Arkema will continue to work with its neighbors and the community to recover from the substantial impact of Hurricane Harvey. For further information on these efforts, please contact the incident helpline at 1-877-4ARKEMA.
Arkema Inc. Crosby update - 2:00 AM EDT September 4, 2017
Assistance center open Tuesday, September 5 - 10 am - 3 pm
Arkema will have open an assistance center at the Crosby High School on Tuesday, September 5. The center will be open from 10 AM to 3 PM. The center will provide assistance to people who were affected by the evacuation order. We can help you find temporary housing, assist with meeting immediate needs, and provide information on filing claims for more complex issues.
Arkema holds press conference, focuses on community outreach
View a transcript from the September 4, 9:00AM CDT Press Conference by Rich Rowe and Rich Rennard.
Arkema Inc. Crosby update - 6:15 PM EDT September 4, 2017
Assistance Center Open Tuesday, September 5 - 10 am - 3 pm
Arkema will have open an assistance center at the Crosby High School on Tuesday, September 5. The center will be open from 10 AM to 3 PM. The center will provide assistance to people who were affected by the evacuation order. We can help you find temporary housing, assist with meeting immediate needs, and provide information on filing claims for more complex issues.
Arkema Inc. Crosby update - 1:00pm EDT September 17, 2017
Assistance center and hotline hours of operation
The Arkema Inc. assistance center, which has operated since September 2, 2017, to provide assistance for short-term needs in the aftermath of Hurricane Harvey, has ended its hours of operation on Friday, September 15, 2017.
Those seeking assistance can still contact Arkema through its Emergency Hotline at 1-877-4-ARKEMA (1-877-427-5362). The Emergency Hotline will operate from Monday to Wednesday, September 18-20, from 10 AM – 4 PM CDT (11:00 AM - 5:00 PM EDT). The Emergency Hotline will continue to accept voicemail messages for responses after Wednesday, September 20, 2017.
Arkema Inc. statement - October 6, 2017 - 5:00PM EDT
Arkema cares about our neighbors in Crosby and we have taken a number of steps to help them return to normal life following Hurricane Harvey. Our Assistance Center served hundreds of families, arranging hotel rooms and rental cars, and giving them more than $100,000 in cash and gift cards for immediate needs such as food, clothing, medicine, or pet care.
We also set up a Claims Center for residents to seek reimbursement for non-flood damages, and have taken in hundreds of claims. While the overwhelming damage caused by floodwater was already occurring prior to the fires at our plant, we recognize that the evacuation kept people away from their homes for some days.
In a limited number of cases, we have already paid claims, though typically the process takes longer. Many claims require a property inspection, and while that takes time, we have completed inspections in the majority of cases where one is needed. Also, to ensure we can settle claims fairly, we have asked residents to submit supporting documentation such as receipts for expenses, and estimates or invoices from service providers. To date, more than 70 percent of homeowners who have filed claims have had an initial visit to start the processing of their claims. However, fewer than one percent have submitted estimates of the cost of repair. We expect to be able to pay many more claims as we receive this documentation, and residents can expedite the resolution of their claim by submitting this paperwork.
Again, we care about our neighbors in Crosby and we want to process their claims as quickly as possible. We also have worked to help our neighbors in other ways, such as through our Assistance Center, by setting up an Emergency Hotline to answer questions around the clock, and by donating $500,000 to charities that are helping residents of Southeast Texas to recover from the devastating impacts of Hurricane Harvey.
Arkema Inc. update - December 11, 2017 - 3:00PM EST
Since late August 2017, Arkema has maintained a hotline to allow Crosby residents to reach us. Due to very low call volume, we deactivated the hotline on December 11, 2017. Nevertheless, we still want to hear from you. To reach us, please use the contact function on our corporate website. Or, if you need to reach Custard about the status of a claim, you can still be connected to them through our hotline number - 1-877-4-ARKEMA.
Update: May 24, 2018 - 1:15PM EST
On May 24, 2018, the U.S. Chemical Safety Board (CSB) completed an eight-month investigation by issuing its final report on the events that took place at Arkema’s Crosby, Texas site as a result of Hurricane Harvey. Arkema’s response to that report, and four fact sheets summarizing key aspects of the report, can be found to the right.
Update: August 03, 2018 - 3:00PM EDT
Arkema public statement
Today we were informed that a Harris County Grand Jury issued an indictment against Arkema Inc., Rich Rowe, and Leslie Comardelle for events that took place as a result of Hurricane Harvey. These criminal charges are astonishing, especially since the U.S. Chemical Safety Board concluded that Arkema behaved responsibly. At the end of its eight-month investigation, the Chemical Safety Board noted that Hurricane Harvey was the most significant rainfall event in U.S. history, an Act of God that never before has been seen in this country. The Chemical Safety Board found:
- The Arkema Crosby site had plans, procedures, and multiple contingency measures to prevent loss of power and refrigeration, and was prepared for a 100-year and a 500-year flood.
- Arkema’s plant met all requirements related to flood planning, and there simply are no requirements or guidance that would have been enough to prevent the incident in the face of such unexpected flooding.
- Arkema was transparent, notifying emergency responders well in advance, warning them about potential hazards, sharing information about chemicals at the facility, and communicating with the public through many channels.
It is also worth noting that the Harris County Flood Control District reported that the volume of rain that fell on the area around our plant had a probability of occurring only once every 5,000 to 20,000 years.
With these findings, it is outrageous to assert that Arkema or any of its employees behaved criminally. No one needs a reminder that Hurricane Harvey devastated a wide region. It overcame the preparedness efforts of millions of individuals, and many, many companies and government agencies. It is hard to believe anyone would seek to criminalize the way in which one facility was impacted by such a crushing natural disaster.
Arkema employees in Crosby performed heroically before and during Hurricane Harvey. We stand by these employees, who like so many others in Harris County are still working hard to recover from Harvey and get back to normal life. We will fight with great determination against this unwarranted action against our Company and its leaders.
Update: April 10, 2019
Statement by Rusty Hardin on behalf of Arkema Inc. - April 10, 2019
Harris County prosecutors are doubling down on an unprecedented and outrageous attempt to criminalize a natural disaster. They have filed more charges trying to prosecute a company for the Act of God that was Hurricane Harvey.
We can only conclude that with a May trial date looming, prosecutors realize they can’t prove the previous charges and are grasping at straws. This is a political prosecution in search of a theory.
Many citizens, businesses, and even Harris County courthouses have still not recovered from the unexpected disaster that Harvey was. Yet the DA’s office persists in trying to place criminal blame on Arkema and its employees despite their remarkable and heroic efforts amid the six feet of water no one predicted.
The Harris County Flood Control District concluded that in the area of Arkema’s Crosby plant, Harvey was a 5,000- to 20,000-year rainfall event. That our county prosecutor persists in desperately seeking a way to criminally blame a company for the ravages of this storm should give us all pause. Arkema stands by its employees and will fight this unwarranted political action.
Rusty Hardin is Partner and Founder, Rusty Hardin & Associates, LLP.
October 2020
This trial sought to criminalize the impact of a natural disaster that Harris County itself was not prepared for. While Arkema was found to have been prepared for a 500-year flood, our Crosby plant had a 5,000-20,000 year rainfall and the resulting flooding rose 30 inches above the 500-year flood level. Our plant employees went to heroic lengths to protect the public, and when flooding overwhelmed their every effort, we proactively notified emergency responders and the public, days before the first fire started. We communicated extensively with the Unified Command that coordinated emergency response, and explicitly warned that emergency responders should wear respirators if they might be exposed to smoke from the fires. We cannot fathom why they did not do so, but it certainly was not for lack of warning.
We are grateful that justice was served despite the smoke and mirrors conjured up by the prosecution. It is beyond unfortunate that these ill-founded charges created years of undue hardship for Rich Rowe, Leslie Comardelle, and Mike Keough, and for their families. The most positive aspect of the trial’s conclusion is that it allows these good people to get on with their lives.
Hurricane Harvey-related criminal accusations against Arkema Inc. and its employees are scheduled to go to trial the week of February 17, 2020.
Visiting Judge Belinda Hill will preside for Harris County’s 339th District Court.
Quotes regarding the upcoming trial
Rusty Hardin - lawyer for Arkema Inc.:
“Harris County prosecutors are making an unprecedented and outrageous attempt to criminalize a natural disaster. They have filed charges trying to prosecute a company and its employees for the Act of God that was Hurricane Harvey. This is a political prosecution in search of a theory, and Harris County taxpayers will have to foot the bill for this very political attempt to stretch the meaning of our laws.”
Tim Johnson - lawyer for Arkema Inc. CEO Richard Rowe:
“Houston still has not recovered from Harvey’s flooding more than two years ago. The fact that prosecutors persist in trying to blame a company and its employees in criminal court for the ravages of this unprecedented storm should concern us all.”
The charges
The trial will combine two separate indictments relating to Hurricane Harvey.
1. One indictment alleges Arkema Inc. and two of its employees illegally caused an air pollution violation during Hurricane Harvey. This charge was made even though an Act of God is a legal defense to this charge.
The criminal charges are especially surprising since the U.S. Chemical Safety Board concluded that Arkema behaved responsibly. At the end of an eight-month investigation, the Chemical Safety Board noted that there were no regulatory or industry standards that existed that were applicable to Arkema’s unique situation, that Arkema’s actions were reasonable, that Arkema cooperated with the Unified Command, and that Hurricane Harvey was the most significant rainfall event in U.S. history, an Act of God never before seen in this country.
STMTS BY ARKEMA INC. & RUSTY HARDIN ON INITIAL INDICTMENT 8/3/2018Chemical Safety Board - Harvey was an Act of God, 5/24/2018
Lead lawyers for the defense in pollution case #160031001010:
- Rusty Hardin - Arkema Inc.
- Tim Johnson - Richard Rowe, Arkema CEO
- Paul Nugent - Leslie Comardelle, former Arkema plant manager in Crosby
2. A second indictment charges Arkema Inc. and one of its employees with the assault of a public servant even though the employee is based in Pennsylvania and remained there during the Arkema incident. His assault charge is based on his alleged misrepresentation of the chemicals present during Hurricane Harvey.
Defense lawyers could not find any precedent in Texas or around the country for charging someone with a physical assault in one state for allegedly misrepresenting information in another state.
Lead lawyers for the defense in assault case #162762501010:
- Rusty Hardin - Arkema Inc.
- Dan Cogdell - Michael Keough, Arkema Inc. Retired Vice President of Logistics
Related information
- Previous update statements
- The law and facts of the Arkema case
- Arkema statement on final report by U.S. Chemical Safety Board - Crosby
- Key facts - CSB - 100-year & 500-year flood elevation
- Key facts - CSB - industry flood guidance
- Key facts - CSB - first responders
- Key facts - CSB - act of god
- President's message - August 30, 2017
- Frequently asked questions answered
- Products and raw materials
- About Crosby, Texas