Deadly Chemical Plant Releases Violate Multiple Regulations

Deadly Chemical Plant Releases Violate Multiple Regulations

In a settlement with a multinational company that operates a chemical plant in Belle, West Virginia, the Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) alleged that between 2006 and 2010, eight releases of hazardous substances occurred, one of which resulted in the death of a plant worker.

The fatality occurred on January 23, 2010, when a hose containing highly toxic phosgene gas ruptured. This incident occurred just hours after workers at the plant discovered a leak in a pipe containing toxic oleum gas and one day after plant operators determined that more than 2,000 pounds of methyl chloride had leaked into the atmosphere and that employees failed to respond to alarms triggered by the release.

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Specifically, the alleged risk management violations that occurred on January 22 and 23 included failure to do the following:

• Identify hazards that may result from accidental releases,
• Design and maintain a safe facility,
• Minimize the consequences of accidental releases that do occur,
• Follow recognized industry safety practices,
• Train employees on how to respond to potential risks,
• Frequently inspect and test equipment consistent with good engineering practices and manufacturer recommendations, and
• Follow the company’s own procedures for responding to alarms indicating potential problems and implementing safety protocol for the phosgene process.

In addition to the alleged violations of the Clean Air Act’s (CAA) general duty clause and Risk Management Program requirements, the settlement cited alleged violations of emergency response provisions under Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Section 304 of the Emergency Planning and Community Right-to-Know Act (EPCRA).

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As a result of EPA inspections and extensive review of the company’s records, an additional five incidents were revealed that also resulted in noncompliance with CERCLA and EPCRA requirements. According to the EPA, these incidents released harmful quantities of hazardous substances, including the largest on September 21, 2010, which released 80 tons of methanol into the Kanawha River. None of the incidents were reported, as required, to the National Response Center (NRC), the State Emergency Response Commission (SERC), and the Local Emergency Planning Committee (LEPC) in a timely manner.

As part of the settlement, the company will perform a number of improvement actions, including:

• Implementing enhanced risk management operating procedures to improve the process for responding to alarms triggered by hazardous substance releases,
• Developing an enhanced operating procedure to improve the company’s management of change process, which is a best practice used to ensure that safety, health, and environmental risks are controlled when a company makes changes to their processes, and
• Improving procedures for notifying federal, state, and local responders of emergency releases, including conducting training exercises to prepare employees to make the required notifications.

The company estimated the improvements will cost about $2,276,000 to complete. This is in addition to approximately $6,828,750 the company already spent on corrective measures related to the releases that were required under an administrative order issued by the EPA in March 2010. Under the settlement, the company will also pay a penalty of $1.275 million.