Secret meetings, Feb. 17, 2012

February 17, 2012 by Ken Ward Jr.

Today’s issue of The State Register is an interesting one … Two meetings violated the public notice requirements of the West Virginia open meetings law, and both were meetings of the Commerce Department’s Mine Safety Technology Task Force.

Now, in addition to that, there’s a little issue with the meeting notice for the state Board of Coal Mine Health and Safety, which is scheduled to meet on Thursday to receive a report on the Office of Miners’ Health, Safety and Training’s report on the Upper Big Branch Mine Disaster. The problem is that the official notice in the Register doesn’t include the location of the meeting, and of course West Virginia law requires meeting notices to include the date, time, place and agenda of all meetings. Now, the newer “online” meeting notice for the board includes the time and place — 5 p.m. at the Beckley Convention Center — but it’s the printed version of the Register that is required for legal compliance. Interestingly, the state ran into a similar problem with an improper meeting notice (subscription required) when it was preparing to release its investigation report on the Aracoma Mine fire back in 2006.

(Not for nothing — but why is the mine safety board having such an important meeting at 5 p.m., when they are likely to not get much media coverage, given evening news and morning newspaper deadlines? Good question … I understand that the OMHST is doing a press conference earlier in the day. But the board discussion could be newsworthy as well, and the 5 p.m. meeting time makes it unlikely many reporters will be able to attend.)

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.

WVU Secrecy: The Big East settlement

February 14, 2012 by Ken Ward Jr.

Sometimes, you would think that West Virginia University doesn’t have a law school, at least to see the way WVU continually tries to ignore our state’s public records laws.

The latest example comes from WVU athletic director Ollie Luck in his press release about the university’s settlement with the Big East:

Luck said the agreement prohibits discussion of the details, but stressed that no state or taxpayer funds, tuition or academic support monies will be used to pay the settlement. Any settlement funding transferred, according to Luck, will come from private sources and independently generated athletic revenues.

Now, if I recall correctly, Luck has a law degree from the University of Texas. But maybe he’s a little rusty on the case law here in West Virginia. But all he needs to do is click on this link and read the state Supreme Court’s ruling in Daily Gazette Co. v. Withrow. In particular:

Assurances of confidentiality do not justify withholding public information from the public; such assurances by their own force do not transform a public record into a private record for the purpose of the State’s Freedom of Information Act.

And if that’s not enough, there’s this:

A public official has a common law duty to create and maintain, for public inspection and copying, a record of the terms of settlement of litigation brought against the public official or his or her employee(s) in their official capacity.

UPDATED:

WVU has released the settlement agreement, as the Gazette’s Dave Hickman reports here. The agreement itself is posted here.

Secret meetings, Feb. 10, 2012

February 10, 2012 by Ken Ward Jr.

This week’s edition of the State Register contains no meetings that violate the public notice requirement of West Virginia’s open meetings law.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.

Another major study points to questions about whether natural gas offers greenhouse benefits

February 9, 2012 by Ken Ward Jr.

There’s a major new study out this week that provides more evidence to support questions about whether natural gas is really better than coal in terms of reducing greenhouse gas emissions and dealing with the climate crisis.

I first saw a report of the study on Joe Romm’s excellent Climate Progress blog. Joe is calling this a “bombshell study,” and he explains:

How much methane leaks during the entire lifecycle of unconventional gas has emerged as a key question in the fracking debate.  Natural gas is mostly methane (CH4).  And methane is a far more potent greenhouse gas than (CO2), which is released when any hydrocarbon, like natural gas, is burned.

Even without a high-leakage rate for shale gas, we know that “Absent a Serious Price for Global Warming Pollution, Natural Gas Is A Bridge To Nowhere.”

But the leakage rate does matter.  A major 2011 study by Tom Wigley of the Center for Atmospheric Research (NCAR) concluded:

The most important result, however, in accord with the above authors, is that, unless leakage rates for new methane can be kept below 2%, substituting gas for coal is not an effective means for reducing the magnitude of future climate change.

Now, as the journal Nature reports, we finally have some actual air sampling measurements, and they appear to confirm the higher estimates put forward by Cornell professor Robert Howarth:

When US government scientists began sampling the air from a tower north of Denver, Colorado, they expected urban smog — but not strong whiffs of what looked like natural gas. They eventually linked the mysterious pollution to a nearby natural-gas field, and their investigation has now produced the first hard evidence that the cleanest-burning fossil fuel might not be much better than coal when it comes to climate change.

Led by researchers at the National Oceanic and Atmospheric Administration (NOAA) and the University of Colorado, Boulder, the study estimates that natural-gas producers in an area known as the Denver-Julesburg Basin are losing about 4% of their gas to the atmosphere — not including additional losses in the pipeline and distribution system. This is more than double the official inventory, but roughly in line with estimates made in 2011 that have been challenged by industry. And because methane is some 25 times more efficient than carbon dioxide at trapping heat in the atmosphere, releases of that magnitude could effectively offset the environmental edge that natural gas is said to enjoy over other fossil fuels.

Methane is 25 times  more efficient than CO2 trapping heat over 100 year — but it is 100 times more efficient than CO2 trapping heat over two decades.

 

“If we want natural gas to be the cleanest fossil fuel source, methane emissions have to be reduced,” says Gabrielle Pétron, an atmospheric scientist at NOAA and at the University of Colorado in Boulder, and first author on the study, currently in press at the Journal of Geophysical Research. Emissions will vary depending on the site, but Pétron sees no reason to think that this particular basin is unique. “I think we seriously need to look at natural-gas operations on the national scale.”

OSHA doesn’t want to talk about combustible dust

February 7, 2012 by Ken Ward Jr.

Four years ago today, a huge explosion and fire at the Imperial Sugar refinery northwest of Savannah, Ga., killed 14 people and injured 38 others. Fourteen of the injured suffered serious and life-threatening burns. The explosion was fueled by massive accumulations of combustible sugar dust throughout the packaging building. After the incident, here was one fascinating paragraph included in a U.S. Chemical Safety Board press release on the board’s investigation:

The CSB report said that the sugar industry was familiar with dust explosion hazards at least as far back as 1925. Internal correspondence dating from 1967 showed that Port Wentworth refinery managers were seriously concerned about the possibility of a sugar dust explosion that could “travel from one area to another, wrecking large sections of a plant.” Precursor events included a 1998 explosion at Imperial’s plant in Sugar Land, Texas; an explosion at the Domino Sugar plant in Baltimore in November 2007; and two sugar dust explosions in the 1960’s that killed a total of ten workers. However, Imperial management did not correct the underlying causes of the sugar dust problem at the Port Wentworth facility, where workers testified that spilled sugar was knee-deep in places on the floor, and sugar dust had coated equipment and other elevated surfaces.

The report marked one of many times that the CSB has recommended that the U.S. Department of Labor’s Occupational Safety and Health Administration adopt a broad industry rule to protect American workers from all sorts of combustible dust. As explained in my previous post, Obama’s OSHA puts protecting workers from dangers of combustible dust on back burner:

The CSB first called for an OSHA regulation on combustible dust after issuing a 2006 report that identified 281 dust fires and explosions that killed 119 workers and injured 718 others nationwide between 1980 and 2005. In a November 2011 report, board investigators noted 17 other deaths in dust incidents the agency is examining, including three in a December explosion that killed three at the AL Solutions Inc. metals recycling plant in New Cumberland, Hancock County, W.Va.

Read the rest of this entry »

Secret meetings, Feb. 3, 2012

February 3, 2012 by Ken Ward Jr.

Today’s edition of The State Register contains no meetings that violate the public notice requirements of West Virginia’s open meetings law.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.

Center: W.Va. ‘cracker’ tax break worth $300 million

February 3, 2012 by Ken Ward Jr.

The good folks at the West Virginia Center for Budget and Policy have a fascinating report out this morning that examines the potential costs – in revenues lost to local governments and school systems — because of the Legislature’s big rush to pass Gov. Earl Ray Tomblin’s tax break to try to lure a natural gas “cracker” plant to our state.

The bottom line?

Over the course of 25 years the facility will have paid $32.6 million with the tax incentive in place, compared to $335.8 million under a normal assessment. The amount of revenue forgone over 25 years totals $303.9 million, an average of approximately $12.1 million per year.

In an “Issue Brief”, the center’s Sean O’Leary dissects H.B. 4086, with a special emphasis on examining the Legislature’s “fiscal note” about potential costs of the governor’s tax break legislation. Incredibly, the fiscal note projected the costs of the legislation at $0 — that’s right, nothing. But O’Leary explains:

… There are several problems with the reasoning behind the $0 fiscal impact, and it is likely that there will be a significant fiscal impact if a facility is built, and takes advantage of the tax incentive.

He continues:

While legislators debated and ultimately passed H.B. 4086, the fiscal note, which informed them that there would be no fiscal impact, did not include:

– An estimate of the revenue forgone

–  An estimate of the costs of increases in demand for government services

– A model to estimate the economic impact and corresponding increases in revenue

– An explanation for how state revenue increases offset forgone local revenue

The fiscal note also assumes that a cracker facility would not locate in West Virginia without the tax incentive, due to the state’s uncompetitive property taxes. This assumption relies on misconception about the state’s property tax system and ignores many factors more influential to business location decisions.

Read the rest of this entry »

Why doesn’t W.Va. require CO alarms in hotels?

February 1, 2012 by Ken Ward Jr.

Emergency vehicles are parked in front of the Holiday Inn Express and Suites in South Charleston, W.V., Tuesday Jan. 31, 2012 . One guest was found dead and at least four others were sickened, apparently from carbon monoxide poisoning. A natural gas heating unit on a pool at the hotel caused a carbon monoxide leak Tuesday, fire officials said. (AP Photo/The Charleston Gazette,Kenny Kemp)

In the wake of the preventable death of construction worker William J. Moran, 44, of Rhode Island, yesterday in a carbon monoxide leak at the Holiday Inn Express and Suites out on Corridor G, the Daily Mail reports this morning that South Charleston Mayor Frank Mullens wants his city to begin requiring all hotels in their jurisdiction to install life-saving CO alarms.

The bigger question, though, is why Gov. Earl Ray Tomblin and the West Virginia Legislature don’t just pass a simple law that mandates all hotels in our state install these life-saving devices.

Nationally, smoke alarms have been required in hotels since 1990. But that statute does not mandate carbon monoxide detectors or alarms.

The National Conference of State Legislatures reports that 25 states have laws that mandate carbon monoxide detectors in residential buildings.  In West Virginia, such a statute was passed in 1998, after lobbying from 5th graders whose teacher nearly died of carbon monoxide poisoning (subscription required). But a look at the NCSL’s list indicates far fewer states acting to require CO units in hotels — Michigan, New Jersey and Vermont list hotels specifically.

In one widely quoted article from the American Journal of Preventive Medicine (I saw it in this New York Times piece and forwarded it to the Gazette’s Lori Kersey, who quoted it in today’s paper), Dr. Lindell K. Weaver of the University of Utah explained the importance of the issue:

Between 1989 and 2004, 68 incidents of CO poisoning occurring at hotels, motels, and resorts were identified, resulting in 772 accidentally poisoned: 711 guests, 41 employees or owners, and 20 rescue personnel. Of those poisoned, 27 died.

Interestingly, Dr. Weaver noted:

Poisoning has occurred at hotels of all classes, including those described as “luxury” hotels.

Dr. Weaver wrote that Alaska, Connecticut, Massachusetts and Minnesota have also required carbon monoxide detectors in hotels. But in a survey of more than 100 chain hotel properties, Weaver found that only 11 percent had installed the devices. Dr. Weaver concluded:

Despite evidence of efficacy, CO alarms have not been installed widely by the lodging industry, even at properties where guests and employees have been injured by CO.

Hotel fires are highly publicized, whereas CO poisoning is less dramatic. Therefore, the impetus for national legislation mandating CO alarms in guest rooms is lessobvious. Nevertheless, a single incident can result in multiple fatalities and dozens of injuries. Guests at hotels, motels, and resorts can be protected from CO poisoning by installing a CO alarm in every guest room, like the installation of smoke alarms.

I looked around for a position paper from the hotel industry on this issue, and found one on the website of the American Hotel and Lodging Association. Here’s what it said:

The safety of its guests is the highest priority of the lodging industry. Carbon Monoxide (CO) is a colorless, practically odorless, and tasteless gas. It has multiple industrial uses. Trace amounts of it occur naturally and are part of the atmosphere. Nevertheless, in high enough concentrations, it can be deadly and the risks of exposure to abnormal levels of CO are well known and well publicized. Although there are no federal rules on CO detection, nor is AH&LA empowered to set standards and policies, we urge our members to continue their CO monitoring and prevention policies.

Remembering the Little General disaster at Ghent

January 30, 2012 by Ken Ward Jr.

U.S. CSB photo

We ran a story at the top of the front page on Sunday about the aftermath of the propane explosion at the Little General Store in Ghent, W.Va. Four people died five years ago today in that disaster. As we explained:

On Jan. 30, 2007, propane gas at the Little General Store was suddenly released through a liquid withdrawal valve during a changeover between two tanks. Two propane technicians from Appalachian Heating, a firefighter and an emergency medical technician were among those killed when the explosion leveled the store.

Killed in the accident were Glenn R. Bennett, 44, of Appalachian Heating; Frederick Allen Burroughs, 51, of Cool Ridge, a Raleigh County building inspector and firefighter; Craig Lawrence Dorsey, 24, of MacArthur, a volunteer firefighter and EMT; and Jeffrey Lee Treadway, 21, of Beckley.

Six others were injured, but board officials said Friday the tragedy could have been even worse, given that the store had not been evacuated when the blast occurred. One of the injured, 74-year-old Donnie Ray Caldwell of Coal City, died in 2010.

CSB investigators concluded that the tanks involved were improperly located less than 10 feet from the store, a problem that propane company employees did not correct despite dozens of inspections. Board investigators also said that propane technicians were not properly trained to spot problems with the tank’s valves, and that local emergency responders had not been taught how to properly handle a propane accident.

In a statement issued Friday, the U.S. Chemical Safety Board had mostly good words for the way West Virginia officials and other responded to board recommendations for reform after the explosion. But the CSB’s original statement also noted one “disappointment”:

The Board was compelled to vote as “Unacceptable” action not taken by the West Virginia Office of Emergency Medical Services. We urged the agency to require annual hazardous materials response refresher training for all emergency medical personnel in West Virginia. To date, training occurs only once every two years. The CSB believes recurrent annual training is critical for responders who must deal with hazardous materials emergencies such as with propane.

After the statement was issued, through, officials from the Office of Emergency Medical Services contacted the CSB to say that they had only the day before sent a letter saying they were rethinking the situation and planned to comply with the board’s recommendation. CSB spokesman Daniel Horowitz told me:

The letter did not arrive as of Friday. It was the West Virginia Office of Emergency Medical Services who is making the change to their training requirements for annual hazmat training for EMTs. The staffer said it was put in the mail Thursday and I should receive it sometime this week.

I’ve reached out to the Office of Emergency Medical Services and its parent agency, the state Department of Health and Human Resources, but I’ve gotten no response so far.

It’s worth going back today, though, and revisiting this disaster by watching the CSB’s video animation recreating what investigators believe happened:

 

 

Secret meetings, Jan. 27, 2012

January 27, 2012 by Ken Ward Jr.

Today’s issue of The State Register includes four meetings that violated the public notice requirements of West Virginia’s open meetings law.

The agencies involved: The Bureau of Senior Services, the West Virginia Prosecuting Attorneys Institute, the Public Defender Services Corp. for the 11th Judicial Circuit, and something called the WRMS-EMS Beckley Field Office.

As we’ve reminded folks before, the West Virginia Open Governmental Proceedings Act requires agencies to send meeting notices to the Secretary of State in time for notices to appear in the State Register five days prior to a scheduled meeting. Every week, we list the agencies that didn’t comply, thanks to the Secretary of State’s office, which kindly marks those agencies with an asterisk in the list of meetings published each Friday in the Register.