Archive for January, 2010

Chemical Safety Board details previous DuPont leaks

Friday, January 29, 2010

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Gazette photo by Chris Dorst

When it announced plans to investigate recent DuPont Co. Belle plant problems — including a Saturday afternoon phosgene leak that killed a worker –  the U.S. Chemical Safety Board noted its concern about six previous leaks at the facility since December 2006.

I thought readers might want some more information about those six incidents, so here goes:

– December 2006 –  On Saturday, Dec. 9, 2006, DuPont reported a leak and then a fire in the Belle plant’s amines unit. DuPont reported to WVDEP a pressure spike that caused three flanges to fail and cause a pipe to leak. Then, another small hole in a one-inch pipe triggered a fire. Initially, DuPont told the National Response Center that about 150 pounds of the chemical trimethylamine leaked. DuPont uses this chemical in the production of animal feed supplements. It has a strong fishy smell, which spread around the Kanawha Valley, causing residents to need to clean their cars and clothes. Within a week, DuPont reported the leak was four times larger than the company originally reported.

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Congressional snapshot: Unemployment in W.Va. doubled in last year

Friday, January 29, 2010

wvastate.jpgEarlier this week, the U.S. Congress Joint Economic Committee released state-by-state snapshots of the economy. For West Virginia, it’s a classic good news, bad news situation.

First, the bad: In December 2009, unemployment reached 9.1 percent, a big jump from December 2008 (4.5 percent) and December 2007 (4.3 percent). The 2009 percentage translates to 72,000 West Virginians out of work.

“In West Virginia, employees in transportation and utilities, construction, and financial services faced the largest job losses (as a percent of employment within an industry) over the recession,” the release states.

But, and this is what qualifies as good news these days, it could be worse. Nationwide, unemployment was at 10.0 percent in December 2009, and job losses attributed to the recession were 5.2 percent. So, with 9.1 percent unemployment and 3.0 percent recession-driven job loss, West Virginia was below the national average.

And there are other encouraging figures in the snapshot. While inflation-adjusted total personal income dropped 2.4 percent nationally between the 4th quarter of 2007 and the 3rd quarter of 2009, in West Virginia, real per capita personal income is up, from $28,637.70 in 3rd quarter 2007 to $29,593.20 in 3rd quarter 2009.

Similarly, median household income in West Virginia increased from $37,307 in 2000 to $40,851 in 2008 while nationally it dropped from $52,532 to $51,233. (Granted, it’s problematic to be so far below the national average.)

Over the same period between 2000 and 2008, poverty decreased modestly in West Virginia, from 15.2 percent to 14.6 percent, while nationally it crept up from 11.6 percent to 12.9 percent. (Again, West Virginia’s numbers are alarmingly high, but at least they’re moving in the right direction.)

Meanwhile, the percentage of people without health insurance in West Virginia has remained stable,  with a tiny increase from 14.5 percent to 14.6 percent. The national figure has jumped, from 13.9 percent to 15.3 percent.

Secret meetings, Jan. 29, 2010

Friday, January 29, 2010

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Well, today’s edition of The State Register includes four meetings that violate the public notice requirements of West Virginia’s open meetings law.

Three of the violations come from just one agency: The West Virginia Public Port Authority.  The Port Authority has made Sustained Outrage’s Secret meetings list before here.  The other violator this week was the Ron Yost Personal Assistance Services Program.

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.

EPA to join investigation of DuPont Belle plant leaks

Friday, January 29, 2010

epa_logo.jpgU.S. Environmental Protection Agency officials are planning to join the growing investigation of safety concerns at DuPont Co.’s chemical plant in Belle, W.Va., following a string of leaks including one that killed a worker.

Two teams of EPA inspectors plan to visit the plant next week. One will be looking into DuPont’s compliance with the agency’s Risk Management Plan regulations. The other will be looking into DuPont’s reporting of these recent incidents, to see if the company complied with requirements under the Environmental Planning and Community Right to Know Act.

Roy Seneca, an EPA regional spokesman, emphasized one point to me:

It’s not a facility-wide inspection. We’ll be looking at the three incidents and the units involved.

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O’Connor on Citizens United and Caperton: “a warning” on judicial elections

Thursday, January 28, 2010

oconnor_s.jpgRetired Supreme Court Justice Sandra Day O’Connor, who has become an outspoken critic of electing judges since she left the bench in 2006, said Tuesday that the U.S. Supreme Court‘s recent rulings in Citizens United and Caperton “should be a warning to states that still choose their judges by popular election.”

Her comments came at a symposium at Georgetown University’s law school. Carte Goodwin, who chaired Gov. Manchin’s Independent Commission on Judicial Selection, served as a panelist during a discussion of the Caperton ruling.

Adam Liptak of the New York Times has coverage of the event here.

You can listen to O’Connor’s keynote address here, but Liptak certainly picked out a few choice quotes in his article:

“In invalidating some of the existing checks on campaign spending,” Justice O’Connor said, “the majority in Citizens United has signaled that the problem of campaign contributions in judicial elections might get considerably worse and quite soon.”


“We can anticipate that labor unions and trial lawyers, for instance, might have the financial means to win one particular state judicial election,” she said. “And maybe tobacco firms and energy companies have enough to win the next one.

“And if both sides unleash their campaign spending monies without restrictions, then I think mutually-assured destruction is the most likely outcome.”

Taken together, Citizens United and Caperton do seem to be on a collision course. On the one hand, corporations are now free to spend unlimited amounts of money on elections, including those that elect judges. But outsize donations to a judicial candidate can be grounds for recusal.

As I’ve noted before, University of Tennessee law professor Penny J. White thinks judicial elections compromise the basic fairness guaranteed by the due process clause of the 14th Amendment.

But as the new rulings sink in, it’s a brave new world out there. Remember, there’s an unfinished term for the state Supreme Court up for grabs in 2010. The first reader who correctly predicts (in the comments section of this post) a corporate campaign donation of more than $100,000 to either Thomas McHugh or John Yoder wins a Gazette coffee mug.

Diaz and Wynn reported out of committee

Thursday, January 28, 2010

At its business meeting this morning, the Senate Judiciary Committee approved the nominations of Albert Diaz and James A. Wynn Jr., two North Carolina judges up for seats on the U.S. Court of Appeals for the 4th Circuit.

Diaz was approved unanimously, 19-0, while Wynn garnered one no vote, passing out 18-1.  The bipartisan support in committee bodes well for their confirmation votes by the full senate, where candidates who were non-controversial in committee tend to be confirmed by wide margins.

But when will the senate take action? I put that question to University of Richmond law professor Carl Tobias, an expert on the judicial confirmation process.

“That’s not easy to answer,” he said. “The last person confirmed for an appellate court had to wait four months.” (more…)

CSB: DuPont phosgene hose showed signs of ‘fraying’

Thursday, January 28, 2010

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CSB investigator Johnnie Banks briefs the Kanawha Valley media.

carlfish.jpgU.S. Chemical Safety Board investigators just revealed would could turn out to be a major finding in their probe of the death of DuPont Belle plant worker Carl “Danny” Fish (left).

CSB lead investigator Johnnie Banks said the hose that sprayed phosgene onto Fish showed signs of “fraying” and “wear.” During a briefing at a Charleston hotel, Banks told the Kanawha Valley media:

We intend to closely examine this hose as we more forward.

We’ve previously reported that the CSB was likely to focus on what it called a “braided steel hose” that was used by DuPont to transfer phosgene from one-ton cylinders to a production unit. That story pointed out that another Kanawha Valley chemical company that uses phosgene, Bayer CropScience, utilizes only solid steel piping for transfers of the chemical.

Banks described the hose as an 18-inch-long quarter-inch hose, with woven stainless steel on the outside and Teflon inside. It was damaged badly enough that investigators could see its Teflon lining through a small hole, Banks told me after the press conference.

By the time CSB investigators got to the plant on Tuesday, DuPont had already removed the hose from the unit where the fatal accident occurred. Banks said it is now secured and the CSB is not worried that its value as evidence was compromised when it was moved.

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Obama puts ‘gag order’ on federal employees

Thursday, January 28, 2010

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The group Public Employees for Environmental Responsibility today released U.S. Forest Service documents that indicate the Obama administration has put some federal employees under a gag order not to talk to news reporters. The group says this gag order “resembles those issued by the Bush administration, belying vows by the Obama administration of government transparency.”

In a January 26, 2010 e-mail to employees, Kate Goodrich-Arling, the Public and Legislative Affairs Officer for the Monongahela National Forest, states:

“Partly due to the increased scrutiny surrounding ARRA [the American Recovery and Reinvestment Act] work and partly due to a relatively new administration, we remain under strict instructions for talking with the media. So, a reminder: If you receive media calls that fall under the following categories you cannot talk to the reporter, but should instead get their contact info and get in touch with me: 1. contacts by a member of the national media on ANY subject 2. contacts by a local or regional reporter seeking information about a national issue including policy and budget issues.”

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What we’re reading: Expanding PTSD treatment for veterans; smoking and sudden infant death; improving Head Start

Thursday, January 28, 2010

Here’s another installment of stories and issues that caught our attention this week:

More than 4,000 veterans of Iraq and Afghanistan may receive medical benefits to help treat post-traumatic stress disorder, the Associated Press reported. In response to a class action lawsuit alleging that recent veterans with PTSD had been illegally denied benefits, the military has agreed to review records of thousands of discharged veterans.

Another reason not to smoke during pregnancy: Researchers at Sweden’s Karolinska Institute have measured a difference in the way babies who were exposed to cigarette smoke regulate their blood pressure, the BBC reports. It appears the smoke exposure changes the way the young bodies control drops and surges in blood pressure — the way the body ensures a steady supply of blood and oxygen to the brain. Researchers theorize that the smoke could play a role in Sudden Infant Death Syndrome.

Children enrolled in Head Start programs see positive impacts in their learning while in the program, but the benefits begin to disappear by the end of the first grade, Education Week reports. Kathleen Sebelius, secretary of the U.S. Department of Health and Human Services, said a new federal report shows that Head Start needs to improve its quality, and U.S. Education Secretary Arne Duncan agreed.

EPA launches ‘Eyes on Drilling’ spill tipline

Wednesday, January 27, 2010

epa_logo.jpgThe U.S. Environmental Protection Agency has started a new “tipline” specifically focused on reports of problems with oil and gas operations.

Called “Eyes on Drilling,”  the move is in response to growing problems with major drilling operations related to the Marcellus Shale and the fracking fluids from those operations:

Public concern about the environmental impacts of oil and natural gas drilling has increased in recent months, particularly regarding development of the Marcellus Shale formation where a significant amount of activity is occurring. While EPA doesn’t grant permits for oil and gas drilling operations, there are EPA regulations which may apply to the storage of petroleum products and drilling fluids. The agency is also very concerned about the proper disposal of waste products, and protecting air and water resources.

The toll-free number to call to report “non-emergency suspicious activity related to oil and natural gas development” is  1-877-919-4EPA. Reports call also be e-mailed to EPA.

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