06:07 PM CST on Monday, December 12, 2005

By Dan Lauck / 11 News

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A city-brokered deal to keep potentially deadly chemicals out of Houston's air centers on Mayor Bill White and a company that, according to state record, had been polluting the air with cancer causing chemicals.

KHOU-TV

On a weekday afternoon at Milby Park, there may be nothing to push the swing except the wind, which, for years, has been something of a blessing.

Because across the bayou from the park is the Texas Petrochemical plant, which has been emitting a known carcinogen at alarming levels for years.

"The state had monitored high levels of butadiene in the neighborhood for years and done nothing," said John Wilson of the Galveston-Houston Association of Smog Prevention.

Two years ago, 11 News detailed an investigation of the cooling towers at Texas Petrochemical in which city inspectors found what they called a significant leak of butadiene, a cancer-causing chemical.

Senior investigator Dan Hoyt said then, the company claimed it had no leak.

"One way to put it is, it appeared they didn't know what they were doing," said Wilson.

Finally, under public pressure, state regulators negotiated an agreement with the company in June to reduce its butadiene emissions.

But it was voluntary.

"Either side could back out at any time," said Hoyt.

That wasn't good enough for Mayor White.

He wanted the city to negotiate its own agreement and insisted, said the city's Elena Marks that "it had to be something that's legally enforceable."

Texas Petrochemical attorneys reportedly said no.

The very next week, the mayor went to the city council and asked that they hire an attorney, David Berg, and have him look into filing a lawsuit against Texas Petrochemical.

The next day, the company's attorneys called. They were ready to make a deal.

"We wanted something we could hold them accountable to," said Marks.

Their agreement establishes quarterly reports of independent audits and says the city can sue if Texas Petrochemicals fails to live up to the agreement.

"This agreement shows that Texas Petrochemical is serious about cleaning up its plant," said Wilson.

City officials said this agreement was just the beginning.

A spokesperson for Texas Petrochemical said this agreement is just another step along the path the company has chosen to take to reduce the emission of toxic chemicals. She noted that the company has installed special equipment ahead of schedule.

City officials said they've already spoken to a second company about its emissions and hope to sign a similiar agreement.