Alarmed by West Virginia's Ordeal

Neither federal nor state regulations currently apply to the above ground storage tank that leaked into the Kanawha Valley's water supply.

It's easy to regard the disastrous January 2014 leak of two industrial chemicals into the water supply for West Virginia's capital city as 300,000 other people's problem. But that's not correct, according to Rafael Moure-Eraso, who chairs the U.S. Chemical Safety Board. Testifying Feb. 10 at a U.S. House Transportation & Infrastructure Committee field hearing in Charleston, Moure-Eraso explained why the leak of 4-Methylcyclohexanemethanol (MCHM) and PPH from a Freedom Industries above ground storage tank is a much broader concern.

He said a certified inspector reviewed the tank terminals located in Charleston and Nitro, W.Va., in October 2013, and the inspector noted that chemicals in the tank that later leaked are considered "non hazardous" by EPA. This means they are not regulated by the federal Spill Prevention Control and Countermeasure Program, known as the SPCC rule. The inspector's review also said the tanks had "been maintained to some structural adequacy but not necessarily in full compliance" with API 653, a standard published by the American Petroleum Institute that covers inspection, repair, alteration, and reconstruction of steel above ground storage tanks used in the petroleum and chemical industries.

"While EPA's SPCC rule outlines requirements for prevention and preparedness of oil discharges, such regulations do not apply to tanks containing 'non hazardous substances' like those found at Freedom Industries. Under existing state and federal laws these tanks, including tank 396, were not regulated by the state or federal government," Moure-Eraso told the committee. "While there are laws prohibiting polluting to waterways with a spill, there are not really any clear, mandatory standards for how you site, design, maintain, and inspect non-petroleum tanks at a storage facility."

He said CSB investigators have determined that a cinder block containment wall meant to contain a spill from tank 396 provided very little protection. The investigators will examine the tank closely and will evaluate the response to the leak after it was discovered, he promised. "We are particularly interested in the adequacy of information on MCHM and PPH hazards since the manufacturers' MSDSs repeatedly say 'no data available' for numerous toxicological properties, especially chronic toxicity," he explained. He said the tanks Freedom Industries was using at the site are more than 50 years old, adding, "Considering the best way to improve the safety of tanks at facilities that have similar tanks in use is an important question."

This article originally appeared in the April 2014 issue of Occupational Health & Safety.

About the Author

Jerry Laws is Editor of Occupational Health & Safety magazine, which is owned by 1105 Media Inc.

Product Showcase

  • AirChek Connect Sampling Pump

    Stay connected to your sampling with the SKC AirChek® Connect Sampling Pump! With its Bluetooth connection to PC and mobile devices, you can monitor AirChek Connect pump operation without disrupting workflow. SKC designed AirChek Connect specifically for all OEHS professionals to ensure accurate, reliable flows from 5 to 5000 ml/min and extreme ease of use. AirChek Connect offers easy touch screen operation and flexibility. It is quality built to serve you and the workers you protect. Ask about special pricing and a demo at AIHA Connect Booth 1003. 3

  • Safety Knives

    The Safety Knife Company has developed a quality range of safety knives for all industries. Designed so that fingers cannot get to the blades, these knives will safely cut through cardboard, tape, strapping, shrink or plastic wrap or a variety of other packing materials. Because these knives have no exposed blades and only cut cardboard deep, they will not only protect employees against lacerations but they will also save product. The Metal Detectable versions have revolutionary metal detectable polypropylene knife bodies specifically for the food and pharmaceutical industries. This material can be detected and rejected by typical detection machines and is X-ray visible. 3

  • SECUPRO MARTEGO

    FOR HIGHEST DEMANDS. A cutting tool in which function and design go hand in hand. Meet the SECUPRO MARTEGO, our prize-winning squeeze-grip safety knife with fully automatic retractable blade for safety. • Ergonomically friendly trigger mechanism to engage the blade • Durable body made of aluminum • Safer alternative to fixed blade utility knives for general cutting tasks • 9 mm Cutting depth • Easy, tool free blade change Dimensions: L 6.10" L x 0.71" W x 1.91" H Weight: 3.70 oz Cutting Depth: 9 mm 3

Featured

Webinars