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This supplementary legal document describes recommendations for storm- and waste-water management improvements for the Formosa petrochemical plant in Calhoun County, Texas. The text is a fairly standard drainage assessment. The author describes non-trivial discharge of pollutants out of the plant’s outfalls, which drain into local waters, and the inability of the plant’s systems to prevent flooding from even small storms. For some context on this, it is pretty standard to design a stormwater system to be able to drain the 100-year storm (that is, the storm with a 1% or less chance of occurring in any given year). Formosa’s Texas plant demonstrated the inability to convey even the 2-year storm.

Emphases are mine:

“Problem areas were identified based on the results from the outfall drainage studies provided by Formosa. Thus, all the results in the OPCC rely on those studies, uncertainities associated with those studies, and the assumptions made for those studies, some of which may or may not be appropriate as I pointed out in Supplement #2 [Page 4]” (3)

“The proposed improvements assume that the conveyance capacity of the problem areas is increased 100%, which would be able to handle twice as much flow that it currently does. The results from the Drainage Study are not conclusive as to what storm event Formosa’s system currently is capable of conveying. The report does mention that the system is not capable of conveying the 2-year storm, and “sometimes” not even the 1-year storm event.” (3)

“A 45% contingency is applied to the OPCC due to the uncertainties associated with underground utilities, likelihood of existence of low road crossings and need to replace those, groundwater impacts, other unknowns, and additional costs associated with engineering, etc. 45% is reasonable and in line with industry practices in my experience, especially given the large amount of unknown information available.” (4) 

“My opinion from my July 9, 2018 report that “there have been and are still pellets and/or plastic materials discharges above trace amounts through Outfall 001” is further supported by the deposition testimony of Lisa Vitale, as representative for Freese & Nichols, Inc, that she and her colleagues have seen floating white pellets or small plastic pieces in Lavaca Bay and in the area near outfall 001 as part of her work on the receiving water monitoring program for Formosa’s TPDES permit...Ms. Vitale also testified that she told John Hyak of Formosa about these sightings as well as has sent him water samples with the pellets about five or six times, including at least one time prior to 2010. This, along with the June 2010 EPA Report I cited in my July Report, demonstrates to me that Formosa was aware of problems related to discharges of plastics from its facility since at least in 2010.” (6)

The IAEA is an international organization that seeks to promote the peaceful use of atomic technology and serve as an international regulator to promote safety and eliminate proliferation of nuclear weapon technology. According to the IAEA’s mission statement: “The International Atomic Energy Agency:  is an independent intergovernmental, science and technology-based organization, in the United Nations family, that serves as the global focal point for nuclear cooperation; assists its Member States, in the context of social and economic goals, in planning for and using nuclear science and technology for various peaceful purposes, including the generation of electricity, and facilitates the transfer of such technology and knowledge in a sustainable manner to developing Member States; develops nuclear safety standards and, based on these standards, promotes the achievement and maintenance of high levels of safety in applications of nuclear energy, as well as the protection of human health and the environment against ionizing radiation; verifies through its inspection system that States comply with their commitments, under the Non-Proliferation Treaty and other non-proliferation agreements, to use nuclear material and facilities only for peaceful purposes.” (iaea.org)

The membership of the IAEA consists of 168 countries as of February 2016. Membership includes all major countries and every nuclear power other than North Korea. To become a member state, a country must submit an application which is then reviewed by the IAEA Board of Governors who determine if the applying country is willing and able to uphold the charter. Then the general conference must approve the application and grant the state membership. It is important to know that a country does not need to join the Nuclear Non-Proliferation Treaty to be a member of the IAEA. Currently India, Israel, Pakistan, and the South Sudan have not signed and North Korea is withdrawn. (iaea.org)

 The mission of the IAEA is to promote and help the development of peaceful nuclear technologies and promote safety standards as well as inspect compliance to the commitments to non-proliferation treaties. (iaea.org)

                The IAEA has worked with Iran to complete seven projects and has another nine in the works for development of nuclear power, spent fuel processing, radiopharmaceuticals, heavy water, and security projects. (en.mehrnews.com/)

                The IAEA just held a conference in Manila to assist the Philippines in determining whether or not to revive its mothballed nuclear power plant, under the larger umbrella of the future of nuclear in the Asia-Pacific. (bworldonline.com)

                The agency also responded to the Fukushima incident. During the incident, they assisted Japan by analyzing a plethora of data and sending recommendation and results of their work. Over the last 5 years, the IAEA has sent ten expert missions and will assist in decommissioning the plant. Meanwhile, the IAEA is helping with monitoring leak/contamination management and managing radioactive waste. They are furthering first response efforts by hosting drills to better train and equip first responders for nuclear disasters. (iaea.org)

The IAEA’s approach is to be a friend of the countries and nuclear partners of those countries which hold IAEA membership. One of the IAEA’s missions is to promote nuclear power while on the other hand its other mission is to promote safety and check adherence to the nuclear treaties, agreements, and standards.

The IAEA failed to properly prevent the Three Mile Island or Chernobyl incidents. After these events the IAEA started two conventions for notification and response to nuclear disasters. Since the Fukushima incident, the IAEA has evolved the way they approach disaster and health to include even the most outlandish scenarios and actively trains first responders how to deal with such occurrences.  (iaea.org)

                Currently the IAEA is dependent on funding from its own member states. This becomes precarious when the organization policing nuclear compliance is also dependent on the same states for funding. (iaea.org)

Every year the IAEA releases various reports on its members and the state of nuclear safety, safeguards implementation reports, nuclear technology review, and technical cooperation reports. These documents report the progress of the IAEA on accomplishing its mission statement.

In 2011 the IAEA developed the Action Plan on Nuclear Safety –a comprehensive safety plan for everything from planning a new site to response. After the Fukushima disaster, the IAEA gave a report the Fukushima Daiichi Accident, comprised of international collaboration of almost 200 experts from IAEA member states on what happened, how it happened, and what should be done moving forward. IAEA also worked with the Food and Agriculture Organization of the UN to use nuclear testing technologies to help Botswana quickly and effectively test for cattle disease.