Archive for May, 2009

Secret meetings, May 29, 2009

Friday, May 29, 2009

lockeddoor.jpg

Today’s edition of the State Register lists three meeting notices that violate the West Virginia Open Governmental Proceedings Act.

All three are meetings of the same agency: The W.Va. Public Port Authority, and agency that has run into problems before complying with open meeting and public information laws. During the controversy a few years back over the authority’s efforts to build a new regional airport, the agency lost or settled lawsuits that alleged it violated both public access laws.

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 asterick in the list of meetings published each Friday in the Register.

City Council & Finance Committee preview: June 1

Thursday, May 28, 2009

Charleston City Council meets Monday evening, June 1, to consider another two weeks’ worth of city business.

But for a better glimpse behind the scenes, come to the meeting of council’s Finance Committee immediately beforehand. Most of the items on the agenda for City Council are money-related, and will be taken up first by Finance. Typically, any debate on these issues will take place at the Finance meeting, not City Council.

(more…)

Bayer: Valley ‘not endangered’ by August explosion

Thursday, May 28, 2009

micfromair.JPG

You gotta give Bayer officials one thing: They stick to their story …

Last week, I reported about Bayer  CEO Werner Wenning telling shareholders at his company’s annual meeting — despite plenty of evidence to the contrary — that no dangerous chemicals were released during the August 2008 explosion and fire that killed two Institute plant workers.

Now, Bayer has issued its annual corporate “Sustainable Development Report,” and included some comments about the near-disaster in Institute.

In the report, released Tuesday, an initial description of the incident (See page 6) said:

An explosion and fire occurred at a Bayer CropScience plant in Institute, West Virginia on August 28, 2008. Two employees died as a result of the incident. Air samples taken at the site boundaries did not reveal any elevated concentrations of hazardous substances in the
environment.

More...wenning.jpg

 Bayer CEO Werner Wenning, in an AP photo.

The report continued (see page 72):

Sadly, we have to report that two employees died in an explosion at a facility operated by Bayer CropScience in Institute, West Virginia, United States. Air measurements at the site perimeter showed no evidence of an elevated concentration of hazardous substances in the environment. The population was not endangered at any time. Bayer CropScience supported the authorities involved in their investigations into the causes of the accident. The company also undertook its own investigation and has initiated steps to further improve occupational safety and communication in emergencies.

The goal of all these measures, which have been developed and implemented in close cooperation with the authorities, is to ensure the safety of employees and neighbors and limit impact on the environment. Bayer CropScience has decided to suspend production until the causes of the accident have been unequivocally ascertained and the facilities can be operated safely.

That all sounds about right … except for a couple of things:

– Bayer officials repeatedly stonewalled local emergency responders who wanted information the night of the explosion so they could help protect Kanawha Valley residents.

– Bayer was cited by the U.S. Occupational Safety and Health Administration for 13 serious and two repeat violations in OSHA’s investigation of the explosion and fire.

– Bayer officials and their attorneys, worried about bad press and pressure from the public, misused a chemical plant anti-terrorism law to try to hide information about the incident from Kanawha Valley residents.

– The U.S. Chemical Safety Board found that a  series of major safety lapses led to that explosion that killed two workers, and congressional investigators warned that the incident could have eclipsed Bhopal.

Bayer knew MIC monitors were broken before the August 2008 explosion, but started up the Methomyl unit anyway.

Manchin signs weakened chemical reporting bill

Wednesday, May 27, 2009

cedd977f575b4d43bfeef7690a2fc31a.jpg

Gov. Joe Manchin has approved a weakened version of his proposed bill to mandate speedy reporting of industrial accidents in West Virginia.

Manchin signed SB 279 yesterday, and the legislation takes effects 90 days from its date of passage by the Legislature, which was April 11.

The governor proposed this bill after Bayer CropScience repeatedly stonewalled local emergency responders who were trying to find out what was going on the night of the August 2008 explosion that killed two workers at the company’s Institute plant.

(more…)

WVDEP’s ’slippery logic’ on mercury limits

Wednesday, May 27, 2009

71358260thb.jpg

The Gazette’s John McCoy already commented on the state Department of Environmental Protection’s somewhat bizarre thinking on mercury in fish. The other day on his Woods and Waters blog, John joked that maybe West Virginians could sell “mercury offsets” to folks in other states who want to eat more fish contaminated with mercury.

Now, the Center for Progressive Reform, a network of scholars who follow such issues, has weighed in.Writing on the CPR blog, Seattle University law professor Catherine O’Neill says that the WVDEP is ignoring the important fact that fish is good for our health — if it isn’t contaminated with unsafe amounts of mercury.

Remember, as both the Gazette and West Virginia Public Broadcasting reported,  WVDEP officials want to keep the state’s limit on mercury in fish tissue, which is weaker than that recommended by the U.S. Environmental Protection Agency.  Currently, West Virginia’s standard is 0.5 parts per million, while EPA recommends 0.3 parts per million. WVDEP says this is just fine, because a recent survey showed West Virginians eat less fish than the national average that the EPA number is based on.

catherine_oneill.jpgIn her commentary, O’Neill describes WVDEP’s logic as slippery:

… Why might people in West Virginia eat less fish? One reason is likely the statewide fish consumption advisory warning people to limit their consumption of fish caught in all West Virginia waters, due to mercury contamination.

(more…)

Keith Peoples update

Tuesday, May 26, 2009

Friday night at 10:45, Charleston mayoral assistant Rod Blackstone e-mailed me a statement on behalf of Mayor Danny Jones and Police Chief Brent Webster (pictured below). The statement came in response to the acquittal of Keith Peoples less than an hour before. Peoples is a Charleston police corporal who was accused of double dipping.

Since the e-mail came too late to make it into the article I wrote for Saturday’s paper (deadlines, Rod, deadlines!), I thought I’d post the statement here:

Danny Jones“The investigation into double-dipping by members of the Charleston Police Department began when the former Police Chief discovered that Officer James Nowling had been paid for the same hours on at least two payrolls, including the Charleston Police Department.  An investigation produced evidence that Officer Nowling had been paid by Charleston taxpayers for 1700 hours for which he was on the clock for at least one other employer — and at times two others — for the exact same hours.  He made allegations that such double-dipping was rampant in the Charleston Police Department.  So in November 2006, we asked the Kanawha County prosecuting attorney to investigate whether that was indeed the case or not.  As a result of that investigation, a jury found Mr. Nowling guilty, and three other officers pleaded guilty.

brentwebster.jpg“When Officer Keith Peoples was indicted by a grand jury last year, he was placed on paid administrative leave and has not lost a single day’s wages while this case progressed. We accept tonight’s verdict and note the brilliant legal representation provided by former Assistant United States Attorney Dwayne Tinsley for the defense.  We expect Officer Peoples to be back on the job at the earliest available opportunity.  We trust this puts an end to the investigation of double-dipping within the Charleston Police Department, and we are glad to put this matter behind us.”

I hope to have more to report on double dipping soon. But in the meantime, I just ran into Peoples and Dwane Tinsley on Virginia Street, on their way back from City Hall. Peoples, still smiling from Friday, was carrying his service belt and other professional effects in a cardboard box. He said he had been cleared by Webster to go back to work.

Your city government in action, pt. 11

Tuesday, May 26, 2009

Charleston’s zoning board (officially the Board of Zoning Appeals) meets Thursday morning, May 28.

Just two items on the agenda this time, but one could be a bit contentious.

Architects for Shane Holmes, DDS, are asking relief from parking requirements for a building Holmes hopes to build for his orthodontist business on Oakwood Road.

(more…)

Chemical board: Check out the updated Web site

Tuesday, May 26, 2009

csb_045.jpg

Chemical Safety Board Chairman John Bresland testifies during an April 21 congressional hearing on the Bayer explosion. Photo from CSB.

Folks who have been following the U.S. Chemical Safety Board investigation of the August 2008 explosion at Bayer CropScience in Institute might be interested in checking out the board’s new and improved Web site.

According to an agency news release:

The redesigned home page features a newly released 14-minute video, “About the CSB,” describing the agency’s investigations, recommendations, and outreach programs. The new video includes interviews with CSB Chairman John Bresland, CSB managers and staff, and outside stakeholders together with footage of chemical accidents, investigative activities, and hearings.

The new website provides easier access to investigation information, including the ability to download high-resolution photos from CSB investigations, and an improved search capability. The CSB’s widely viewed safety videos and safety messages are embedded throughout the site.

Information about the CSB’s Bayer investigation is available here, and that includes a transcript of the public meeting the board held in Institute. For some reason, a variety of other documents from the Bayer investigation are not part of this site, but they are available here, through a CSB ftp site.

Right now, the accident news feed on the site doesn’t allow readers to subscribe. But I’m told that is going to be fixed.

Secret meetings, May 22, 2009

Friday, May 22, 2009

lockeddoor.jpg

Hurray! Today’s edition of the State Register does not list any meetings that violate the legal requirement for advance public notice.

But, there are a couple of emergency meeting notices online that seem kind of questionable — like the state Board of Medicine using an “emergency” notice to advise the public of its regular meeting. If it’s a regular meeting, you’d think they could publish the notice in time to meet the five-day requirement in state law. And oddly, the notice for that Board of Medicine meeting actually appears in the Register today … not sure whey they also listed it as an emergency meeting.

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 asterick in the list of meetings published each Friday in the Register.

C8 update: Trial in Minn., science under the bus in N.J.

Thursday, May 21, 2009

3mcottagegrove.jpg

3M’s chemical plant at Cottage Grove, Minn.

Sustained Outrage readers know we’ve been following a variety of issues surrounding C8 and other perfluorinated chemicals that have been widely used in out society, but are being found to be highly toxic. (See a collection of previous posts here).

So, I wanted to pass on some related news from two other states where these chemicals have been hot-button issues.

First, from New Jersey, the Philadelphia Inquirer reports that the state agency that has been warning about the dangers of C8-contaminated drinking water is being disbanded.

As I explained in a Gazette story last week, researchers from New Jersey’s Department of Environmental Protection published a peer-reviewed journal article that questioned whether a federal drinking water advisory for C8 was strong enough.  As I explained in my story:

Researchers concluded that a long-term exposure limit for C8, based on the health studies EPA reviewed, would be about 0.04 parts per billion — 10 times more stringent that EPA recommended. And that level — 0.04 parts per billion — is the guidance level set by New Jersey authorities for drinking water in their state.

(more…)