WHAT YOU NEED NOW - CONTENT UPDATED THROUGH THE DAY -
December 6, 2004
HNN INVESTIGATES: Documents Reveal TechSol Had Been Cited Before Oct. 28 Spill in Westmoreland; Many Residents Complained About Strong Odors
By Tony Rutherford
Huntington News Network Columnist
Huntington
(HNN) — Nearly six weeks
ago, 22,000 gallons of coal tar light oil, which contains
70% benzene, spilled at the TechSol Chemical Co. in Westmoreland.
The oil leak led to evacuation of residents within a two-block
radius of the facility. Some had to remain away from their
homes for days during the decontamination process. Communication
problems resulted in some residents being told to leave their
windows open as the “stuff” was not very hazardous.
Following the Oct. 28, 2004 incident, the West Virginia Department of Environmental Protection (WVDEP) and four residents separately filed suits against TechSol.
But many residents had complained to the Division of Air Quality on numerous occasions about strong odors coming from the plant before the massive spill. What actions had been taken beforehand? Could the spill have been prevented?
To better access the plant’s operations in the months before the evacuations, HNN obtained copies of TechSol inspections by the West Virginia Office of Air Quality under the Freedom of Information Act from February 2000-November 2004.
An analysis of the Division of Air Quality documents demonstrates that TechSol had been previously cited for improperly following environmental procedures and not utilizing proper equipment in their operation of handling coal tar oil before the Oct 28, 2004 leak. In fact, at the time of the massive spill, the company was appealing a vapor recovery Cease and Desist Order.
PLANT MOVED TO PIEDMONT ROAD IN 1998
TechSol Chemical Company operated from approximately 1987-1998 at 2300 Park Avenue (near the radio transmission towers at the eastern edge of Westmoreland). The company moved around October 1998 to 4711 Piedmont Road.
During a February 24, 2000 inspection, “no emissions of particulate matter … and no odors were detected.” At that time, the facility produced liquid molten salt for “descaling” of stainless steel and titanium. The report found the plant in compliance and not large enough to require additional permits.
SUMMER 2004: BENZENE EMMISSION POTENTIAL AND LACK OF CONSTRUCTION PERMITS
On June 23, 2004, John Moneypenny, an enforcement and compliance engineer for the W.Va. Division of Air Quality, and another specialist learned during an announced inspection that the plant had started unloading tar oil from railcars to tanker trucks in November 2003. The trucks are sent to Marathon for further processing. The inspectors determined that the tar oil contained 70% benzene.
During the inspection, Richard Holt, president and CEO of TechSol, indicated that a vapor recovery system was “always used” when unloading materials. However, the inspectors observed “an operator unloading a railcar into a tank truck without utilizing the vapor return hose to the railcar.” Holt instructed the driver and plant operator to install the equipment before proceeding.
After an examination of documents detailing the amount of oil transferred at the site since 2003, the inspectors determined that the plant had the potential to emit “over 1000 lb benzene per year,” which required both a construction permit and “Best Available [air pollution] Technology” PRIOR to commencement of the transferring operations. Although testing samples of “black material” found in a “ditch line” behind the plant and below the railroad tracks revealed “normal chemical concentrations,” the facility was issued a Notice of Violation for “improper handling/disposal of oily rags” and it was determined that the plant did not have a required storm water runoff permit.
On July 2, 2004, the Division of Air Quality issued a Cease and Desist Order and Notice of Violation regarding the potential level of benzene emissions. A Cease and Desist Order does not require a company to cease operation. Instead, it demands that, if the company wants to continue operating, it must comply with environmental laws.
COMPANY EMPLOYEE BULLIED BY TRUCK DRIVER INTO NOT USING ANTI POLLUTION RECOVERY EQUIPMENT
Responding to the Cease and Desist Order, the company told the Division of Air Quality that the lack of use of pollution equipment in July was because one of their employees had been bullied by a truck driver into not utilizing the available vapor recovery system.
TechSol appealed the decision on August 6, 2004. The company requested a meeting with the W.Va. Division of Environmental Quality. According to documents, the WV DEQ, pending negotiations, agreed to allow the plant for 45 days to continue trans-loading of tar light oil as long as a vapor recovery hose was in place.
The company told John Benedict, director Division of Air Quality (DAQ) in a July 19 letter, that one the day that the recover hose was not in place, “an owner/operator [of a truck] had displayed a particular…disdain for any requirements for safety and environmental protection.” The driver had loudly and aggressively challenged the need for a recovery procedure.
According to the TechSol response, their loader operator employee “acquiesced to the trouble maker just to get him to shut up.”
In the response, TechSol’s president told Benedict they wanted to “fully comply with the law” and asked for adequate time prior to discussing the terms of the consent order so the company could “properly and completely fill out all required permit applications.”
Interestingly, although some residents allege they were told to air out their homes as the chemicals were not that hazardous, Holt told the DAQ director that studies had been conducted in December 2003 and January 2004 which recommended that: (1) area and container notifications reflect the presence of benzene fumes; (2) Loader operators undergo blood testing to ensure that benzene levels are not excessive; and (3) employee should wear “full face respirators” rather than “half face respirators” which had been utilized.
10 TO 20 GALLON SPILL IN SEPTEMBER
On Sept. 23, 2004, an Environmental Resource Specialist witnessed a 10 to 20 gallon spill at the TechSol plant. The plant was loading chemicals from truck to railcars. The vapor recovery system was in use and “there was very little odor around the loading area and no odor outside the fence line.”
During the unloading, the railroad car was overloaded, resulting in ten to 20 gallons of materials spilling from the top of the railroad car. The staff cleaned up the overflow using absorbent pads.
THE OCTOBER SPILL AND EVACUATIONS
According to the Inspection Report, TechSol ‘s Rick Holt told DAQ officials that “an internal valve was malfunctioning which resulted in the release of the CTLO (Coal Tar Light Oil, 70% Benzene, 28% Toluene and 2% Naphthalene).”
Since the plant did not notify DAQ of the spill, emergency response agencies had already evacuated a school and several homes by the time inspectors arrived from Charleston. They noticed “puddles” of the CTLO on the ground, a strong benzene/gasoline odor from local sewers and in the air around a one to two block area north and west.
The DAQ inspectors then left the area to avoid interference with emergency personnel and to “minimize personal exposure to the vapors.”
NOVEMBER INSPECTION
Although the CTLO cleanup process was on-going, the inspectors wrote that “it is unsure if the Company plans to continue this part of its business operation.”
However, the Company was engaged in recovery of solvents from railcars received from Marathon-Ashland, where the plant drains and collects liquids still in railcars and stores the liquid in 350 gallon metal totes. The report said “no control equipment is utilized to minimize the emission of solvent vapors.”
The Molten Salt Process detailed in the 2000 inspection has been shut down since June 2003.
SUITS FILED
Two suits have been filed against the company.
One by the Department of Environmental Protection seeks injunctive relief, civil damages and clean up costs and damages for violations of the Air Pollution Control Act, the West Virginia Water Pollution Control Act, the Groundwater Protection Act, the Solid Waste Management Act, the Hazardous Waste Management Act, the Hazardous Waste Emergency response Act and the rules from these acts.
Gary Beckett, Ronald
Bush, Deborah Gavazzi and Michelle Hardwick filed a suit for
damages stemming from the spill and seek class action status
for all residents in the affected area.
Related:
— 01/28/05 Techsol Claims in 40-page Answer It Met All Federal, State Regulations; Asserts That Chemical Spilled Wasn’t Hazardous or Capable of Sickening Nearby Residents
— 02/14/05 Techsol Chemical Co. Tells State EPA It Complied with Federal Laws, That Other Parties Were Liable for Oct. 28, 2004 Westmoreland Spill
The writer, Tony Rutherford, can be reached by email at .
As a precaution against “spam” and viruses this e-mail address has been presented with a JavaScript. If you do not see this e-mail address, please check your security settings or upgrade your Web browser, links are available on the HNN Links page. Alternately by changing the appropriate portions you may manually enter the following address:
trutherford[at]huntingtonnews[dot]net
