Sustained Outrage

Latest DuPont citation mirrors Belle violation

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Gazette photo by Chris Dorst

The inspection results from the U.S. Occupational Safety and Health Administration are in regarding the terrible poison gas leak that killed four workers at DuPont Co.’s plant in LaPorte, Texas, last November.  Here’s the bottom line from the OSHA press release:

Four workers killed by a lethal gas in November 2014 would be alive today had their employer, DuPont, taken steps to protect them, a U.S. Department of Labor investigation found.

The department’s Occupational Safety and Health Administration today cited DuPont for 11 safety violations and identified scores of safety upgrades the company must undertake to prevent future accidents at its Lannate/API manufacturing building in La Porte. The company employs 313 workers who manufacture crop protection materials and chemicals there.

“Four people lost their lives and their families lost loved ones because DuPont did not have proper safety procedures in place,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Had the company assessed the dangers involved, or trained their employees on what to do if the ventilation system stopped working, they might have had a chance.”

OSHA continued:

The fatal incident occurred as one worker was overwhelmed when methyl mercaptan gas was unexpectedly released when she opened a drain on a methyl mercaptan vent line. Two co-workers who came to her aid were also overcome. None of the three wore protective respirators. A fourth co-worker — the brother of one of the fallen men — attempted a rescue, but was unsuccessful. All four people died in the building.

Methyl mercaptan is a colorless gas with a strong odor. It is used in pesticides, jet fuels and plastics. At dangerous levels of exposure, the gas depresses the central nervous system and affects the respiratory center, producing death by respiratory paralysis.

Among the citations issued by federal inspectors was one for a “repeat violation” for allegedly “not training employees on using the building’s ventilation system and other safety procedures, such as how to respond if the fans stopped working.” OSHA noted, without further explanation:

In July 2010, DuPont was cited for a similar violation.

Kanawha Valley residents may remember that similar violation. It was issued to DuPont’s Belle plant following a series of incidents in January 2010 that left one worker dead.

In the Belle incident, the OSHA citation in question stated:

Small Lots Manufacturing (SLM) Unit, Phosgene Shed: Employees working in the SLM Unit were not trained to recognize that leaving liquid phosgene in a non-vented flexible transfer hose for an extended period of time could result in the rupture of the flexible hose due to the thermal expansion of the liquid phosgene as determined on January 25, 2010.

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Citizens urge caution on Freedom Industries cleanup

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Mark Welch, chief restructuring officer of Freedom Industries (center), briefs Department of Environmental Protection officials on the site during an inspection on April 3. Photo by Ken Ward Jr.

If you read the reports that Freedom Industries’ Chief Restructuring Officer Mark Welch files with U.S. Bankruptcy Judge Ronald Pearson, you would think that the remediation of the site of the January 2014 Elk River chemical spill is about wrapped up. But to hear the state Department of Environmental Protection tell the story, that’s far from true — DEP says it’s still waiting to see test results on soil and groundwater at the site, and that there’s a long road yet before the project completes work under the state’s “voluntary” remediation program.

We detailed the latest twist in this somewhat confusing story in Sunday’s Gazette-Mail:

Freedom Industries officials are pressing West Virginia regulators for speedy approval of the company’s plan to complete a voluntary cleanup of the site of the January 2014 chemical leak that contaminated the drinking water for hundreds of thousands of residents in the Kanawha Valley and surrounding communities.

… Welch told Pearson in his new report that the company had submitted a work plan earlier last week and that Freedom could complete the remediation contemplated within two weeks. Welch said the DEP had agreed to “expeditiously review and respond to the work plan.”

Welch said Freedom has dug up 600 cubic yards of contaminated soil and would, under its proposed work plan, dig up another 200 cubic yards of soil from areas where MCHM was stored or handled. He said the company would fill in with clean soil a water-runoff collection trench where sampling has continued to pick up the presence of MCHM. A new sediment-control pond would be built along the Elk River that could be used, at least temporarily, for continued sampling.

Completion of this work, Welch told the court, would mean “there is no risk of further MCHM leaching into the Elk River.”

This morning, the citizen group People Concerned about Chemical Safety, responded to that story, with a press release that urged DEP to “prevent cutting corners” on the Freedom cleanup project:

Recent tests, however, performed by U.S. Geological Survey, Virginia Tech and University of Memphis leave more questions on the toxicity of the spilled material.

Past studies assume the spilled material to have the same fate properties regardless of temperature. However, a recent report from Virginia Tech and University of Memphis indicates differing fate properties proving the previous hypothesis false. This indicates the potential for exposure concentrations to vary

The U.S. Geological Survey recently determined that a form of methyl 4-methylcyclohexanecarboxylate (or MMCHC), was identified as another component of the spilled material and that it “likely contributed to the tap water odor complaints of Charleston residents.” No toxicological data is available for this chemical and the CDC has never established a screening level for this chemical.

What is clear from these recent findings is that the data does not yet exist to properly determine the risk at the Freedom cleanup site. In light of these findings, PCACS is urging DEP to ensure additional tests are performed to properly characterize site risk.

Among other things, People Concerned noted that DEP could seek to have money from criminal restitution payments from Freedom executives — four of whom have pleaded guilty in federal court — set aside for help with the site cleanup. Also, the group noted that DEP is accepting public comments on the Freedom cleanup via email at DEPVRPComments@wv.gov.

 

 

Remembering the Bhopal Disaster

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In this Dec. 5, 1984 file photo, two men carry children blinded by the Union Carbide chemical pesticide leak to a hospital in Bhopal, India.  (AP Photo/Sondeep Shankar, File)

Thirty years ago tonight, a leak of methyl isocyanate at a Union Carbide pesticide plant in Bhopal, India, killed thousands of people in Bhopal, India.

As many Kanawha Valley residents know well, the Bhopal plant was a sister facility to the Institute, W.Va., Carbide plant that is now owned by Bayer CropScience. And just months after Bhopal, a Carbide leak in Institute sent 135 people to the hospital in an event that gave momentum to passage by Congress of the landmark chemical right-to-know and emergency planning law.

For many years, local residents lived in fear of a Bhopal-type disaster here. They pointed to the Institute   plant’s huge stockpile of methyl isocyanate, or MIC, the deadly chemical that leaked at Bhopal.  Pressure for Bayer to get rid of the MIC stockpile increased dramatically following an explosion and fire that killed two workers in August 2008. The Institute plant  came under new scrutiny after that, with a U.S. Chemical Safety Board report that provided the most telling look to date about the dangers the facility presented. Then in March 2011, Bayer announced its landmark decision to never restart its MIC unit in Institute.

Coal Water PollutionBut other events remind us of the dangers that lurk just beneath the surface without proper regulation, enforcement and attention to safety. Locally, last January’s chemical spill by Freedom Industries was a case study in what can happen without prior planning or adequate government oversight (see here, here,here and here). State lawmakers responded by passing a very strong bill to regulate above-ground chemical storage tanks and local drinking water systems, but the new Republican-controlled Legislature appears poised to dismantle that bill in the upcoming 2015 session, based largely on unfounded criticisms of the bill’s potential costs (see here and here).

Despite continued serious chemical plant accidents around the nation, the Obama administration’s response and its proposed reforms have been disappointing to safety advocates.  Just last week, in its latest regulatory agenda, Obama’s Occupational Safety and Health Administration downgraded its efforts to write a new safety standard for combustible dust to a long-term action item, meaning it’s unlikely any rule will see the light of day during this administration. OSHA has delayed this rule for many years, and as we’ve written before, combustible accidents continue to claim the lives of workers, including three in a December 2010 explosion and fire in Hancock County, W.Va.

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Former Carbide CEO Warren Anderson dies

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The New York Times has this news of interest to West Virginians in the Kanawha Valley:

Warren M. Anderson, a Brooklyn carpenter’s son who ascended to the top of the Union Carbide Corporation, where he grappled with the ravages of a poisonous gas leak at the company’s plant in Bhopal, India, in 1984 that killed thousands in one of history’s most lethal industrial accidents, died on Sept. 29 at a nursing home in Vero Beach, Fla. He was 92.

His death, which was not announced by his family, was confirmed from public records.

The Times of India headline is a little different, “Bhopal’s tormentor Warren Anderson of Union Carbide dies at 92,” and their story explains:

Anderson flew to Bhopal four days after the disaster and was immediately arrested. But he paid bail under controversial circumstances, including reported collusion and lax oversight by the state and central government, and flew out of India, never to return again.

In 1989, Union Carbide paid $470 million to the Indian government to settle litigation stemming from the disaster, but the settlement was widely seen as a sell-out. Efforts resumed to have Anderson extradited but successive US administrations showed no interest in bringing him or Union Carbide to justice.

Anderson was a well-known figure here in the Charleston area, where Carbide had sprawling plants and a research center.  One of those facilities, of course, was a sister plant to the one in Bhopal and, until fairly recently, had a huge stockpile of methyl isocyanate, the chemical in the Bhopal leak.

When Anderson visited Charleston not long after Bhopal, he received multiple standing ovations.  He also did a lengthy Q and A session with the late Gazette publisher Ned Chilton and various Gazette editors.

India Bhopal

Industry starts push for ‘voluntary’ safety measures

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Photo by Tom Hindman, Charleston Daily Mail, via Associated Press

It was interesting this week to start seeing some media coverage of the chemical industry’s efforts to begin pushing its voluntary “Responsible Care” program, timed oddly right as a new West Virginia commission is to take up, among other things, the U.S. Chemical Safety Board recommendation for a new local chemical accident prevention program.

For example, WCHS-TV did a story on a chemical industry meeting in which on-air personality Kennie Bass served on a panel that discussed the fallout from the January chemical spill at Freedom Industries:

The West Virginia Manufacturers Association and three national chemical industry trade groups teamed up to present the forum, which focused on government and media response to the freedom industries water disaster.

The panelists included West Virginia Department of Environmental Protection Director Randy Huffman, Kanawha County Homeland Security and Emergency Management Director Dale Petry and Eyewitness News Reporter Kennie Bass, representing media who covered the water crisis.

Topics included how the local and state first responders dealt with the water shortage, how information was gathered and reported by journalists and what we have learned in case a similar disaster happens.

Dean Cordle, president and CEO of AC & S incorporated said it is part of the industries “responsible care.”

“The purpose of today’s event is to bring together the community leaders and industry and talk about safe practices that are currently being employed in the chemical industry,” Cordle said. “And to broaden our program called responsible care to include some of those smaller companies that can benefit from practices that we employ.”

I had heard of this event and checked in last week, but was told by the American Chemistry Council, one of the co-sponsors, that it was not open to the media.

Interestingly enough, Dean Cordle of AC&S Inc. showed up at a meeting of the Daily Mail’s editorial board that produced this story:

Chemical industry executives advocated for industry-driven safety practices during a workshop hosted by the West Virginia Manufacturing Association on Monday.

The American Chemistry Council (ACC), the National Association of Chemical Distributors (NACD) and the American Institute of Chemical Engineers’ Center for Chemical Process Safety joined state agencies and community leaders in Charleston for a day of discussion and workshops aimed at encouraging companies to improve safety practices by joining industry safety cooperatives.

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Commercial Photography Services of West Virginia

The pressure continues to build on Gov. Earl Ray Tomblin to call a special session so West Virginia can walk back the landmark chemical tank safety and public drinking water law that miraculously made its way through the Legislature in the wake of January’s Freedom Industries spill and the Kanawha Valley water crisis that followed.

Yesterday, Senate President Jeff Kessler and House Speaker Tim Miley issued a joint statement urging Gov. Tomblin to call that special session so they can roll back the deadline for chemical tank owners to determine if their tanks are safe and report that information to the state Department of Environmental Protection.  Here’s what they had to say in that joint release:

miley_timothykessler_jeffreyWe urge Governor Tomblin to call a brief special session during the upcoming September interim meetings to modify the date of implementation for the inspection and certification of the Above Ground Storage Tank Act (SB373). Doing so during the interim meetings will not incur any additional cost to the taxpayers.

While we are extremely proud of the comprehensive regulatory legislation produced earlier this year to protect drinking water for our state citizens, it has become apparent that the Jan. 1, 2015 deadline for these inspections is unattainable. Extending that deadline will allow the state Department of Environmental Protection to put in place, with public input, agency rules to fairly and effectively govern the inspection and certification process.

Any continued delay in taking action on this matter only causes uncertainty within affected industries and the families that rely on them for employment.

Meanwhile, the DEP will move forward with creating an inventory and conducting a risk assessment of above ground storage tanks statewide.

The usual suspects among our state’s media outlets are right on top of this. Hoppy Kercheval is all over this, and the MetroNews coverage sticks pretty close to his talking points:

As of now, as many as 40,000 tanks in West Virginia must be registered with the state by Oct. 1 and certified inspections of those tanks have to be completed by Jan. 1.  The state Department of Environmental Protection has not yet finalized the inspection protocols and, DEP officials have said, it could be December before those guidelines are available.

After appearing at times to actually care about drinking water protections, the Daily Mail editorial page is back to its old self, and repeating the same misinformation West Virginians are getting from MetroNews:

But the biggest issue is the uncertainty facing storage tank operators as the Department of Environmental Protection, the agency charged with enforcing the law, has yet to define the inspection parameters for storage tanks. Once it does, operators of the estimated 40,000 storage tanks affected by the law are unlikely to have time to complete their inspections by the Jan. 1 deadline.

It’s simply false to say that DEP has not yet issued “inspection protocols” or defined “the inspection parameters.” Officials at DEP, working very hard under tough deadlines and constant pressure from industry, published guidance for tank owners spelling out what should be examined in these inspections. It’s right here on the agency’s website. There’s a checklist for what the inspections should include and there are forms (see here and here) to use in certifying to DEP that you’ve done these inspections and your tanks are safe.

And DEP was very, very clear about how this is going to work for the initial inspections due Jan. 1 and for future annual inspections:

For the certification due on or before January 1, 2015, compliance with a nationally recognized tank standard such API or STI following the attached checklist shall be deemed compliance with the requirements. Subsequent Annual Certifications will be required to comply fully with legislative rules promulgated by the Secretary.

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Chemical Safety Board in turmoil – again

The U.S. Chemical Safety Board is under fire from all sides — again — and it appears that inner turmoil is making it even harder for this small government agency to do its terribly important job.

Yesterday, a House of Representatives committee released a report and heard testimony that detailed problems at the CSB. Headlines were using words like “disarray” to describe the situation.  The Hill described the basic situation this way:

 House Oversight Committee Chairman Darrell Issa (R-Calif.) called Thursday for the chairman of the Chemical Safety Board (CSB) to resign, an opinion shared by a bipartisan group of members on the oversight panel.

Moure FinalThe call came during a hearing on allegations of dysfunctional management by Chairman Rafael Moure-Eraso and accusations that he and his staff sought to silence whistleblowers and others who disagreed with him.

“You really need to ask whether or not in your last year, you can really undo the damage of your first five,” Issa said.

Rep. Gerry Connolly (D-Va.) said he had “serious questions about your fitness to hold your job.”

“It is clear that there are serious management problems that need to be addressed,” said Rep. Elijah Cummings (Ga.), the panel’s top Democrat.

At the center of the hearing were allegations from CSB staff that an employee of the Office of Special Counsel had told top CSB officials the identifies of whistleblowers in 2012. The Environmental Protection Agency’s Office of the Inspector General, which also has authority over the CSB, investigated the issue, but agency staff did not provide requested materials.

The basic allegations are covered in this report, written by the staff of the Republican-controlled committee. There’s also additional testimony from Moure-Eraso here and from board member Mark Griffon here.  Former board member Beth Rosenberg, who resigned in late May over problems inside the agency, testified about what the “chilled atmosphere” at the CSB and about what she said was a “lack of accountability” and a “lack of transparency” at the board. Testimony described a toxic atmosphere among board members and top agency staff. Rosenberg put it this way:

There are no opportunities for staff and board members to discuss issues openly. Those whose opinions differed from senior leadership or the chair are marginalized and vilified. At the CSB, disagreement is seen as disloyalty. Criticism is not welcome and staff fear retaliation.

Testimony and the GOP staff report raise serious issues — things like the potential outing of agency whistle-blowers, major votes and decisions all being made in secret instead of in public meetings, and stonewalling an Inspector General’s investigation.  Issa, the Republican committee chairman, said:

Rather than addressing experienced investigators’ concerns about agency mismanagement, Chemical Safety and Hazard Investigation Board leadership has stifled internal debate and retaliated against agency whistleblowers.  Mismanagement under the current CSB leadership has created a hostile work environment, distracting the Board from fulfilling its core mission to investigate industrial accidents and issue incident safety reports in a timely manner.  Real reform is needed at the CSB to restore collegiality, staff morale, and the integrity of the agency.

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WVTAP pulls some punches in review of CDC

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Commercial Photography Services of West Virginia

It’s probably fair to say that West Virginians who have become distrustful of the state and federal government’s handling of the continuing water crisis have been hopeful and optimistic about the work being conducted by the team at the West Virginia Testing Assessment Project.

One of the WVTAP leaders, University of South Alabama environmental engineer Andrew Whelton, built up a lot of credibility when he and some of his students drove to Charleston in January on their own dime to test home water supplies and help people properly flush their plumbing systems.  Dr. Whelton reached out to and welcomed input from various citizen groups, and most of his public comments have shown respect for residents — and a willingness to clearly define the unknowns in this situation, and not try to sugarcoat those unknowns just to quell public outrage.

The release a week ago of WVTAP’s results from its pilot home water testing effort was a groundbreaking example of how public pressure can force public officials — in this case Gov. Earl Ray Tomblin — to do things they really don’t want to do  — in this case test the water residents were actually being exposed to, rather than just sample at the water plant and neighborhood hydrants. The question now, of course, is whether Gov. Tomblin will cough up the money needed for a larger study that could actually characterize the levels of MCHM that are still in our region’s drinking water.

But this week’s release of a preliminary report from the WVTAP Health Effects Panel didn’t go nearly as well — and raises some significant questions about the way this part of the WVTAP effort is being handled.

When we did our print story about the panel’s public meeting on Monday, we described the preliminary report as saying that the 1.0 part per million screening level set back in January by the U.S. Centers for Disease Control was “too weak.”

But when I look back at that now, it’s more clear to me that while the report’s results made clear the CDC figure was way off — the CDC figure is 1,000 parts per billion, and WVTAP’s is 120 ppb —  the WVTAP preliminary report never really came out and said so. In fact, whoever is writing WVTAP’s press releases went to great efforts to make it look like the panel was what the CDC did was just fine. For example, the press release opined:

The panel concluded that the CDC used traditional methods and reasonable assumptions to develop their screening levels.

It was a statement like that which allowed West Virginia Department of Health and Human Resources Secretary Karen Bowling to say in her own press release that the WVTAP work was “clearly an affirmation that our water is safe and the CDC’s calculation at the time of the incident was appropriate.”

The problem with the WVTAP press release and Secretary Bowling’s comment is that they simply aren’t supported by the facts as they were laid out by the WVTAP Health Effects Panel. For one thing, the WVTAP panel decided that the appropriate assumption was that the most exposed population was formula-fed infants, not an older child weighing 10 kilograms. This is a big difference. And it’s an assumption that the CDC initially made that the WVTAP team decided was inappropriate.

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We’re still waiting for the likely signing by Gov. Earl Ray Tomblin of SB 373, the legislation that grew out of last month’s Elk River chemical spill.

In the last few days of the session, we wrote about what was going on with a provision of the bill to require further state study of the U.S. Chemical Safety Board’s recommendation for a new West Virginia chemical accident prevention program. The program, as outlined by the CSB after two different fatal chemical plant accidents in the Kanawha Valley (see here and here), Kanawha-Charleston Health Department officials would run the program under existing legal authority of the state Department of Health and Human Resources.

As written, SB 373 mentions the CSB recommendation as among the things that a new Public Water Supply System Commission must consider, saying the commission must conduct:

A review and consideration of the recommendations of the U. S. Chemical Safety and Hazard and Investigation Board after its investigation of the Bayer CropScience incident of 2008.

I was thinking about this language — merely mandating that someone in West Virginia actually take a closer look at the CSB’s recommendation, not that they actually do anything to implement it — as I read a new court filing from the state DHHR. The filing came earlier this week, in response to a citizen legal action about the Elk River spill, seeking to have the state Supreme Court force DHHR and the state Department of Environmental Protection to do their jobs more effectively.

DHHR lawyers seem more than a little upset that the citizens who filed this legal action — citing the wording of a Gazette headline — alleged that the DHHR and other top state officials have basically “ignored” the CSB recommendation. Here’s what DHHR lawyers wrote:

Petitioners blame the DHHR respondents for ‘ignoring recommendations from the Chemical Safety Board in 2011 regarding the potential prevention of future chemical incidents following the tragic 2008 chemical explosion in South Charleston. Petitioners cite a January 2014 newspaper article for the proposition that “the secretary of the DHHR reported that neither it, nor DEP, would follow the CSB recommendation … That article reports that the then-DHHR Secretary, Michael Lewis, stated to the CSB that his agency did not ‘have the expertise in-house to draft the appropriate legislation that would be needed to develop the type of program suggested in your report.’

As the statement from former Secretary Lewis shows, the decision to implement the CSB recommendations was not solely within the DHHR Respondents’ discretion, as Petitioners  suggested, but would have instead required legislative action. In fact, following the CSB recommendations, DHHR continued efforts to implement the recommended chemical safety measures. For example, on April 12, 2013, an email from then-DHHR Secretary Rocco Fucillo recognized that DHHR and [DEP] had engaged in ‘considerable discussion about the logistics and feasibility of establishing such a program.’

Then-Secretary Fucillo explained that ‘since DHHR has neither the capacity, resources, nor expertise to undertake such a program, and because several other state, federal and local agencies are also recommended to take action (and in fact have some responsibility in this area), we believe the appropriate course of action would be a legislative study on the need for a program of this nature. Attached to the email was a draft resolution that DHHR intended to introduce during the 2014 legislative session.’

And here’s the kicker:

…It is thus a gross mischaracterization for Petitioners to suggest that the DHHR Respondents — professionals who diligently advocate for the health and well-being of West Virginians — would “ignore” any safety recommendation from federal regulators.

OK. First of all, the 2008 explosion that led to the CSB recommendation happened in Institute, not South Charleston.

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What happened to the Chemical Safety Board plan?

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Photo by Tom Hindman, Charleston Daily Mail, via Associated Press

UPDATED: Read to the end for important update, with amendment planned to put CSB language back in the bill.

In the early days of West Virginia’s ongoing water crisis, one of the stories we focused on at the Gazette was this:

Three years ago this month, a team of federal experts urged the state of West Virginia to help the Kanawha Valley create a new program to prevent hazardous chemical accidents.

The U.S. Chemical Safety Board recommended the step after its extensive investigation of the August 2008 explosion and fire that killed two workers at the Bayer CropScience plant in Institute.

Since then, the proposal has gone nowhere. The state Department of Health and Human Resources hasn’t stepped in to provide the legal authority the Kanawha-Charleston Health Department needs to start such a program. And Kanawha County officials never funded the plan, and seldom mention that the CSB recommendation was even made.

Now, with more than 300,000 residents across the Kanawha Valley without usable water following a chemical accident at Freedom Industries on the Elk River, some local officials say it’s time for action.

“We’d had their recommendation on the books for several years now,” said Dr. Rahul Gupta, director of the local health department. “This gives us another opportunity to look at what they recommended.”

As Dr. Gupta predicted, the Freedom Industries chemical spill — contaminating water supplies for 300,000 West Virginians — provided state and local leaders another chance to focus on the CSB’s recommendation. And there’s been some talk about it, including some discussion that Delegate Stephen Skinner, D-Jefferson, would introduce a bill to require implementation of the board’s proposal.

But it appears that things are really going nowhere with this issue. That’s despite the fact that during its marathon meeting Sunday night and into Monday morning, the House Judiciary Committee appeared to have approved an amendment that included language regarding the CSB’s recommendations. The Daily Mail’s Dave Boucher mentioned this action in a blog post describing the committee’s maneuvering on the bill:

The committee created the Public Water System Study Commission, an entity that will consider the reports that come our in connection the leak and whether additional changes to the law are needed. The commission is also supposed to consider recommendations from the Chemical Safety Board’s other trips to West Virginia.

When you look at the version of SB 373 that moved out of Judiciary, though, the section about the water system study commission — W.Va. Code 22-31-12 — the Chemical Safety Board isn’t mentioned. Of course, that means that the language wasn’t considered by the House Finance Committee, and isn’t in the version of the bill that is up for debate today on the House floor.

I’ve posted here a .pdf file containing all of the amendments considered by the Judiciary Committee on Sunday and Monday. If you scroll to page 24, you’ll see the amendment from Delegate Mark Hunt, D-Kanawha, proposing the water system study commission. You can see at the bottom of the page that this amendment was adopted, right? But there’s nothing listed there about the Chemical Safety Board, or about this new commission considering the CSB’s recommendations.

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