Hazardous materials, permits, hard to track

Erin Neff

Wednesday, Oct. 17, 2001 | 9:53 a.m.

Monday's explosion of a model rocket plant in Clark County sent shock waves beyond the evacuated half-mile radius of AeroTech Inc.

Many reacted with foreboding to the proximity of the plant to residential areas, wondering what's in their neighborhoods.

And, although there are required inspections, permits or notifications for businesses with a certain amount of hazardous materials, many fall through the cracks.

In 2000, 1,982 businesses in Clark County were issued hazardous materials permits from the state fire marshal's office. So far in 2001, 1,820 permits have been issued.

"Is that all of them?" asked Vicki Stevens, acting state fire marshal. "I doubt it. I don't know if anybody can tell for sure how many are out there."

An audit presented last week to the Legislative Audit Committee estimates hazardous materials could be stored at 20,000 businesses statewide. The audit also found some businesses use the materials for years without getting the required permit.

AeroTech did not have a current state permit or a license from the federal bureau of Alcohol, Tobacco and Firearms. AeroTech's related company, however, Industrial Solid Propulsion, in the same building in adjoining suites, did have an ATF permit.

Barbara Ginoulias, assistant director for current planning in Clark County, said AeroTech was not required to have a special permit to store 2,500 pounds of ammonium perchlorate.

State law, which mirrors federal law, requires a permit if the amount exceeds 7,500 pounds, even though the initial explosion involved in the destruction of the Henderson PEPCON plant in 1988 involved just 3,000 pounds of the chemical. Subsequent explosions at the PEPCON plant -- during which up to 1 million pounds of ammonium perchlorate ignited -- resulted in a disaster that killed two people and injured more than 300.

In Clark County, most businesses with highly hazardous materials are allowed only in M2 -- or heavy industrial -- zones. Most M2 businesses countywide are in the Apex industrial area, although some M2 businesses are in the urban area, Ginoulias said.

Businesses with lower thresholds of hazardous materials are allowed in other zones -- areas that often abut residential and commercial development.

Tim Syzmanski, spokesman for the Las Vegas fire department, said his department has a 16-page list of all businesses with hazardous materials classified by the federal government in a Superfund listing.

Every gas station and Las Vegas Valley Water District well is on the list. Gas stations, Syzmanski said, are the most common businesses with hazardous materials.

An estimated 81,000 pounds of gasoline is in tanks under the typical gas station.

Chlorine is used in the wells and sulfuric acid is listed for use by Sprint to maintain batteries in the phone service. Golf courses, dairies, hospitals and ice storage facilities contain some of the other hazardous materials found in city businesses.

For example, Las Vegas Ice and Storage uses ammonia in the refrigeration and hospitals have liquid oxygen.

"We inspect every one of these businesses once a year," Syzmanski said. "Once in a while you're going to have someone fall through the cracks."

Some of the most hazardous materials under one roof are commonly found in Kmart, Lowe's and Wal-Mart stores, which carry everything from propane to chlorine. The amount of the materials in those stores, however, is deemed a low threshold by fire officials and the buildings are constructed with fire suppression in mind.

Although fire officials theoretically know what businesses have the most volatile materials, it is often impossible to know how much of a substance is at any company.

The ATF lists 40 businesses in the Las Vegas area that manufacture or use hazardous materials. But a construction company that is approved to use dynamite may not have it at the warehouse throughout the year.

The state's permits provide information about the type and quantity of hazardous materials stored at businesses. Any deviation from the type and quantity approved by the business could jeopardize emergency workers responding to fires or chemical spills, the audit stated.

The audit staff selected a sample of 30 permit holders and determined that 18 had conducted business for at least four years before obtaining a permit.

Although the fire marshal's office estimates there are 20,000 businesses with hazardous materials, only 4,600 had the required permits.

In 1994, an audit produced similar results.

"Little progress has been made," Deputy Legislative Auditor Mike Noel said.

Enforcement is a major stumbling block to any solution, as the state fire marshal's office has just 12 deputies to monitor the estimated 20,000 businesses. Those deputies also perform training and investigatory work for the office.

Companies are also lax about renewing their permits, the audit found. Last year many of the 4,600 permits were due to be renewed on March 1, but only 5 percent of businesses responded by August.

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