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W.Va. site eluded regulatory radar

Published: Tuesday, Jan. 14, 2014 1:10 a.m. CDT
Caption
(AP)
Workers at Freedom Industries continue through the night Sunday to empty storage tanks of chemicals into tanker trucks at its plant in Charleston, Va., Sunday. A chemical spill at the company has deprived 300,000 West Virginians of clean tap water for 4 days.

CHARLESTON, W.Va. (AP) – The facility whose chemical spill contaminated the water supply for 300,000 West Virginia residents was barely scrutinized, flying largely under the radar of government regulators who viewed it as a low-risk operation.

But in reality, a problem at a key holding wall went undetected and unreported at Freedom Industries Inc.

The chemicals stored at Freedom’s facility near the Elk River are not considered hazardous enough by regulators to prompt routine inspections. On a normal day, it never created chemical waste that went into the environment. As a result, the chemical storage terminal was a low priority for regulators, who must pick and choose how to allocate scarce manpower when enforcing environmental laws.

Freedom’s storage terminal holds millions of pounds of chemicals – including some used in coal processing – just a mile and a half upstream from pipes that take in water for a public drinking supply. The distance left little opportunity for chemicals to dilute in the event of a spill.

And those chemicals were stored behind a brick-and-concrete block dike that seems to have had structural problems – an issue the company apparently was aware of. A state official says the president of Freedom told regulators that $1 million had been put into an escrow account to fix the wall that ultimately failed to hold Thursday’s spill, which resulted in a 5-day ban on tap water. The ban was lifted for some areas Monday afternoon.

State environmental officials would not have seen the dike problems – they say they never had reason to inspect the site.

Containment dikes are supposed to be a last line of defense against spills, preventing chemicals from flowing into the surrounding environment.

Concrete containments are susceptible to cracking over time and need to be maintained, said Susan Burns, a professor of civil engineering at Georgia Tech. She was not familiar with the layout or equipment at Freedom Industries.

“A secondary containment barrier, assuming they are properly engineered and maintained, they typically work quite well,” she said. “It’s unusual for us to have these types of failures.”

The situation at Freedom is probably not unique. On paper, the chemical storage terminal in West Virginia – like similar sites nationwide – simply did not fall into any inspection program, authorities said. Neither the U.S. Environmental Protection Agency nor the state DEP sent inspectors before the spill, agency officials said.

Because the site only stored and did not manufacture chemicals, it did not need permits to discharge pollutants into the air or water.

State officials said it was not required to have a ready-to-go plan for containing spills. It was not cited for any environmental violations, according to a federally run database. The last inspection report for the site dates to 2001, when it was a refinery owned by a different company and operating under more stringent rules, state environment department spokesman Tom Aluise said Monday.

It is possible the agency could find additional reports as it digs through its records. Freedom didn’t buy the property until last month.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
 

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