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CI disaster 2014 Jan 9 W Va Water

2/25/2014 4:37:40 PM

Critical Infrastructure 2014 Jan 9 W Va Water


News etc. digested by Alister William Macintyre

CI Boom 2014 Jan 9 W Va Water tracks one particular critical infrastructure disaster.
What can be done to mitigate such incidents are in my main related analysis document.1 Last updated 2014 Feb 20
Version 1.45

Table of Contents, allow up to level 4. Known about W Va chemical spill into water supply ........................................................ 2 Unknowns Include ...................................................................................................... 5 Summary 2014 Feb-1................................................................................................... 6 Inexperience and Communication failure ................................................................... 7 CDC Clarifies.............................................................................................................. 8 Glossary of relevant Acronyms ................................................................................ 11 2014 Jan-9 W Va chemical spill contaminating tap water .......................................... 12 Why not use W Va tap water ................................................................................ 14 W Va = State of Emergency ................................................................................. 15 Affected W Va counties........................................................................................ 16 Conflicting stories................................................................................................. 18 Environmental Risk .............................................................................................. 19 Testing School Water............................................................................................ 20 Business recoveries............................................................................................... 20 Emergency response to WVa water disaster............................................................. 21 Jan-22 W Va spill summary via FEMA................................................................ 22 Jan-21 W Va spill summary via FEMA................................................................ 23 Jan-20 W Va spill summary via FEMA................................................................ 24 Jan-19 W Va spill summary via FEMA................................................................ 25 Jan-18 W Va spill summary via FEMA................................................................ 25 Jan-17 W Va spill summary via FEMA................................................................ 26 Jan-16 W Va spill summary via FEMA................................................................ 27 Jan-15 tainted water detected @ Cincinnati Ohio ................................................ 28 Jan-15 W Va spill summary via FEMA................................................................ 28 Jan-14 W Va spill summary via FEMA................................................................ 29 Jan-13 W Va spill summary via FEMA................................................................ 31 Jan-12 W Va spill summary via FEMA................................................................ 32 Jan-11 W Va spill summary via FEMA................................................................ 33 Jan-10 W Va spill summary via FEMA................................................................ 34 Lawsuits .................................................................................................................... 35 Freedom Spill Bankrupt History Key names ......................................................... 36 Government Agency Inspection Key names.......................................................... 41 W Va Jan-9 + disaster discovery & investigation......................................................... 42 Jan-10+ Crisis Management ................................................................................. 44
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Critical Infrastructure disaster 2014 Jan 9 W Va Water

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CI disaster 2014 Jan 9 W Va Water

2/25/2014 4:37:40 PM

Local reaction flawed............................................................................................ 46 Unknowns before Investigation ............................................................................ 47 Inventory Tracking Systems ................................................................................. 48 Federal Grand Jury.................................................................................................... 49 Government Hearings into whats known so far .......................................................... 49 US House Charleston W Va ..................................................................................... 49 US Chemical Safety Board testimony .................................................................. 51 US Senate Safety of Drinking Water in W Va ......................................................... 52 W Va Secty of State Tennant................................................................................ 53 W Va Rural Water McNulty ................................................................................. 53 NRDC Olson......................................................................................................... 54 W Va DEP Secty Huffman ................................................................................... 54 National Water Fewell .......................................................................................... 55 ILTA Weaver ........................................................................................................ 55 Environmental Lawyer Faulk ............................................................................... 56 W Va Governor updates about the state of Emergency ............................................ 56 01-12-14 @ 2PM Water Distribution Centers ...................................................... 56 01-11-14 @ noon .................................................................................................. 60 01-10-14 @ 7:45PM ............................................................................................. 60 01-10-14 @ 7:30PM ............................................................................................. 61 01-10-14 @ 4PM .................................................................................................. 61 01-10-14 @ 10:25AM........................................................................................... 63 01-10-14 @ 12:48AM........................................................................................... 63 01-09-14 @ 9:32PM ............................................................................................. 63 Legislative interaction with W Va water disaster ......................................................... 64 W Va Water Resources Protection and Management Plan....................................... 64 Code Citations....................................................................................................... 65 West Virginia State Sources ................................................................................. 65 US Chemical Safety and Drinking Water Protection Act......................................... 65 US Ensuring Access to Clean Water Act.................................................................. 66 US Reducing Excessive EPA Regulations ............................................................... 66 Charleston W Va major Info sources............................................................................ 67 Charleston W Va News papers ................................................................................. 68 Charleston W Va TV News ...................................................................................... 68 Charleston W Va Radio ............................................................................................ 68 Continued in more documents .......................................................................................... 69

Known about W Va chemical spill into water supply


Theres a lot we do not know, but there are investigations which will tell us more. I have chapters describing some of the things we do not yet know, and where to go to find more info if it becomes available.

Critical Infrastructure disaster 2014 Jan 9 W Va Water

Here is the main document: http://www.scribd.com/doc/114094060/CI-Boom-Analysis

CI disaster 2014 Jan 9 W Va Water

2/25/2014 4:37:40 PM

The chemical spill, officially discovered Jan-9, was at least the third chemical accident to occur in the Kanawha River valley within the last five years.2 Previous incidents included: More at that exact same site see Bankrupt History. 2008 explosion and fire at a Bayer CropScience facility in Institute, killing two employees. 2010 toxic gas released at DuPont facility in Belle, We know that Freedom Industries has been suspected of other leaks, both before and after the 2014 Jan-9 leak.3 A Diversified Services clean-up crew, working on the Jan-9 mess, accidentally severed an underground pipe on the site, which contained the same MCHM chemical. Fortunately only 10s of gallons came out, and did not get into the river. This happened at the Freedom Industries Etowah Terminal site, at about 6 p.m. Thu, Jan. 30. We have seen that many disasters occur, because workers at ground level, breach underground facilities of which they were unaware, but this would not have happened had there been proper labeling, above ground, for below ground facilities, and had the workers had proper training in what that labeling signifies. Officials reported that the pipe, about 18 feet long, was not represented on the map of the site available to the workers.4 We know that Freedom Industries was storing toxic chemicals which leaked into the Elk River in Charleston, very close to the intake for the tap water supply for of the state of W Va.5 We know that there was a leak, which caused the river water to smell, and people reported this to authorities, who investigated, and discovered the leak on Jan-9, then the water company went on a DO NOT USE the water, except for toilet or fire fighting, until they figured out how to get the contamination out of the water, which took about 2 weeks. Water had to be trucked into the area to serve the needs of the people. Winter weather delayed delivery. We know that guidance to the public, what to do about the contamination which had reached homes and businesses, was flawed. We know that many businesses, across the area, had to shut down, until their water supply resolved.
2 3

https://en.wikipedia.org/wiki/Freedom_Industries For earlier ones, see Freedom Spill Bankruptcy History. More recently: http://america.aljazeera.com/articles/2014/1/31/another-spill-reportedatwvirginiasfreedomindustries.html http://rt.com/usa/west-virginia-second-chemical-spill-500/ http://www.allvoices.com/contributed-news/16451752-another-mchm-chemical-spill-at-west-virginiasfreedom-industries 4 http://www.wvgazette.com/News/201401310042 this URL has gone away. 5 http://www.washingtonpost.com/national/health-science/chemical-spill-threatensthousands/2014/01/10/638b739e-7a59-11e3-b1c5-739e63e9c9a7_graphic.html

Critical Infrastructure disaster 2014 Jan 9 W Va Water

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CI disaster 2014 Jan 9 W Va Water

2/25/2014 4:37:40 PM

We know that about the time the water company was announcing the successful clean up of their tap water, the President of Freedom Industries informed authorities for the first time, that there was a second toxic chemical in the spill: stripped PPH. Despite government assurances that the water is now safe, there is widespread public concern about the continuing odor associated with the spill, conflicting reports over time, about what the risks have been, and concerns about long term health effects. 6 We have seen with other industrial incidents, that there have been long term negative medical complications for the people in those other communities. We know that there are laws mandating documentation of what dangers are associated with various chemicals, and that much of the industry has complied with the letter, but not the spirit of these laws, by listing UNKNOWN and UNDETERMINED in the reporting sections where details are supposed to be supplied. This is true for the chemicals in this spill. Freedom Industries may be shutting down some of their operations.7 Some Key information sources:8 WV DHHR Advisory to Pregnant Women CDC Letter WV BPH and CDC FAQ for Pregnant Women WV DHHR CDC Provides Information on MCHM CDC Information Page CDC Information on PPH WV DHHR Release on PPH Testing WV American Water Source Water Assessment WV American Water Emergency-Contingency and Land Mgt Plan WV BPH List of Required Contaminants Analysis for Drinking Water More links @ WV DEP page about this crisis9 Why is the water unsafe for pregnant women to drink but considered safe for everyone else to consume? Doctors routinely advise pregnant women to avoid consuming a number of things including caffeine, alcohol, raw or undercooked meat, unpasteurized dairy products, luncheon meats and hot dogs. Fetal cells are continuing to develop, which is why pregnant women have been encouraged to continue drinking bottled water until there are no longer detectable levels of MCHM in the water distribution system. The CDC provided us the guideline out of an abundance of caution, just the same as we do for caffeine, alcohol and unpasteurized dairy products.

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http://thinkprogress.org/climate/2014/02/09/3196981/chemical-spill-timeline/ http://blogs.wsj.com/bankruptcy/2014/02/24/the-daily-docket-freedom-industries-to-shut-operations/ 8 Lots more throughout these notes. 9 http://www.dhsem.wv.gov/Pages/WV-American-Water-Emergency.aspx

Critical Infrastructure disaster 2014 Jan 9 W Va Water

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CI disaster 2014 Jan 9 W Va Water

2/25/2014 4:37:40 PM

Unknowns Include
FEMA supplied daily updates of statistics for about a week after the disaster. Is there any official site with clarity forwards? We do not know when the cleanup will be finished.10 We do not know how long the leak had been going on before authorities confirmed it. News reports claim that it was seven hours between discovery of the leak, and the general public being warned that their tap water was contaminated. Some interviewed neighbors told reporters that they had smelled the problem back in December, but the environmental authorities claim the first complaints they got, were on the same day the spill was discovered. Inspectors found evidence that the spill had been going on before Jan-9. We do not know how long it had been going on. Investigations of the company records (if any), and interviews of former workers, may or may not clarify this, and the public may or may not be told what they find out. There are conflicting reports of:11 how many people went to medical professionals, with relevant symptoms, and when the medical professionals were informed what were the relevant symptoms, so they could diagnose properly; how many people found the symptoms, spoke up at various meetings, but had not gone to the hospitals; reports on the above numbers are small compared to the thousands who called poison information hot lines; how many rat tests are needed to g4t scientifically valid info on risks to humans? How are people notified to not use water? I live in Evansville Indiana, which occasionally has boil water, or other warnings. I find out if I happen to watch local news, the day of the warning. It does not make it into the regional emergency alert system which I subscribe to. Bad weather, Amber alerts, School Closings and Delays make it into a band across most TV cable channels, identifying which channel to go to for full details. I have never seen a water alert there. When Freedom was taken over, 2013 Dec, $ 1 million was set aside, This had disappeared by 2014 Jan bankruptcy hearing, and the latest President has no idea where it is. If their financial records are this bad, then deciphering inventory records on how much must have spilled, may be impossible. I have worked for different companies, in the private sector, for over 50 years. At every one of them, one of the most important topics to accounting dept management, was the accuracy of their financial records. Inventory accuracy importance was much lower in priorities.
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http://www.wvgazette.com/News/201402150065 http://switchboard.nrdc.org/blogs/jsass/doing_the_math_on_the_west_vir.html

Critical Infrastructure disaster 2014 Jan 9 W Va Water

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CI disaster 2014 Jan 9 W Va Water

2/25/2014 4:37:40 PM

The company had put $ 1 million into an escrow account to fix the site of the leak some time in the future. Since the chemicals were moved to an even more defective site, then moved again, is this money still needed? Or will that $ 1 million disappear? Is it true that Freedom had two simultaneous Presidents, from some time in 2013 to at least thru the spill discovery, and is that legal? We know that Freedom Industries changed owners at the end of Dec 2013, 9-10 days before the spill, and that on Jan-17, Freedom Industries filed for bankruptcy. We do not know liability of the former owners, officers, managers, other personnel. They created and sold a lemon, but there was a lot of nepotism in the sale, a tangled weave of relationships between former and new owners. What recourse is open to the buyers, creditors, victims? Sometimes, when a company is hurting sufficiently that it might consider bankruptcy, it takes actions to try to avoid that action. The bankruptcy court can then review financial actions recently taken by the company, and reverse some of them. I have worked for a company which: Changed owners; The new owners discovered that the old owners had made false statements in the sale, where there were significant financial burdens imposed on the new owners, which had been concealed by the old owners representations. This discovery was made before a stature of limitations ran out on new owners finding problems with companies they buy. The old owners were stuck with those extra costs. I do not know if W Va has similar rules for companies changing hands, when there may be problems. We do not know whether the new owner was properly briefed, by the old owners, regarding the risks that led to this leak.

Summary 2014 Feb-1


Heres the initial description I posted about th is when I uploaded it to Scribd, Feb-1, 2014. Heres what we know so far about a January 2014 disaster in W Va. Also, what we do not know yet. Theres lots of blame to go around for this man made disaster. We can start with: Communications when dangerous chemicals are stored near input to a drinking water supply, the company doing so should warn the water company what the risks are, so the intake can be tested to watch for those contaminants. Then when there is a leak, the company should be telling the authorities and the community about it, not the other way around. This problem is common to many disasters. 6 Critical Infrastructure disaster 2014 Jan 9 W Va Water

Here is the main document: http://www.scribd.com/doc/114094060/CI-Boom-Analysis

CI disaster 2014 Jan 9 W Va Water

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Political the state has been more friendly to industry than to the environment or public safety. Ancient Infrastructure falling apart, without good incentives to address that issue. This is a national pandemic, with thousands of other communities at similar risk. When a disaster strikes a region, where the leadership has zero experience in the nature of the disaster, they often make mistakes. There needs to be better systems to rapidly get access to relevant expertise.

This from notes Im splitting into smaller, more digestible, gulps. More in stallments coming soon. 6 Tags: W Va, chemical spill, water, leak, disaster, lessons to learn,

Inexperience and Communication failure


There are many implications when a disaster strikes, and many politicians and institutions are totally unprepared.12 We are fortunate in this disaster that the leaked chemical had an odor and taste which people detected and complained about. Consider how much worse it might have been, had the leak not been so easily detected. The public can be at risk, before the news reaches everyone, who needs to know. Advisories to the public may be flawed. Testing doesnt start until after damage has started, and might not be testing for everything which ought to be tested for. Medical responders did not know what they were dealing with, or how best to treat it. Lax regulations let the tank die of old age, with everyone oblivious until the disaster. The tank which leaked, was built using 1930s technology. Federal law requires companies to produce data sheets for all chemicals used on worksites, like at the Freedom Industries Etowah River Terminal, where the spill occurred. The Materials Safety Data Sheet for crude-MCHM exists,13 but it's full of gaps: medical hazards in need of immediate treatment are listed as "unknown," as are hazards associated with combining crude-MCHM with another chemical, as was the case in this spill. Its chemical stability is "not fully evaluated," according to the sheet, and nearly all fields related to toxicological effects indicate "no data available."14 This absence of meaningful info about the toxic risks associated with various chemicals is a common situation.
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http://www.newsweek.com/many-disasters-behind-west-virginia-chemical-disaster-227704 http://online.wsj.com/public/resources/documents/Eastman.pdf 14 http://www.newsweek.com/many-disasters-behind-west-virginia-chemical-disaster-227704

Critical Infrastructure disaster 2014 Jan 9 W Va Water

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CI disaster 2014 Jan 9 W Va Water

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CDC Clarifies
Why is the water not safe for pregnant women, but safe for new borns and other children? The governor of W Va organized a briefing to answer community questions.15 01-18-14 @ 4:16PM GOV. TOMBLIN DIRECTS DR. TIERNEY AND GENERAL HOYER TO HOST CONFERENCE CALL ADDRESSING COMMUNITY CONCERNS Topics included overview of CDC guidelines, testing protocol CHARLESTON, W.Va. Gov. Earl Ray Tomblin today hosted a community conference call. Dr. Letitia Tierney, Commissioner for the Bureau of Public Health and the States Health Officer, and Adjutant General James A. Hoyer provided an overview of the U.S. Centers for Disease Control and Preventions guidelines and testing protocol. The following questions were submitted by members of the community and addressed by Dr. Tierney and General Hoyer. Are you (Dr. Tierney) using the water? Initially when I flushed my house, I did not detect any smell. Throughout the next couple of days, I did detect a smell. I have used it for drinking, bathing, and cookingand as of today, Im no longer detecting the odor in my home. Why do I still smell licorice even though Ive flushed my water lines? MCHM has a low odor thresholdmeaning you can smell MCHM at 100,000 times the no observable adverse effect level. Will we continue testing? At what levels? We will continue testing until the system has been sampled and tested at 1/100 parts per milliona level well below the CDC recommended threshold for public health. The CDC provided information that it believes there is no evidence to suggest that water levels below the laboratory limit of detection of 10 parts per billion (1/100 parts per million) would have adverse health effects, including for pregnant women. Testing will continue and the Bureau of Public Health Office of Environmental Services will continue to monitor until the sampling throughout the system has reached the 1/100 ppm level. Why is the water unsafe for pregnant women to drink but considered safe for everyone else to consume? Doctors routinely advise pregnant women to avoid consuming a number of things including caffeine, alcohol, raw or undercooked meat, unpasteurized dairy products, luncheon meats and hot dogs. Fetal cells are continuing to develop, which is why pregnant women have been encouraged to continue drinking bottled water until there are no longer detectable levels of MCHM in the water distribution system. The CDC provided us the guideline out of an abundance of caution, just the same as we do for caffeine, alcohol and unpasteurized dairy products.
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See 2014 Jan-18 @ http://www.governor.wv.gov/Pages/State-of-Emergency.aspx

Critical Infrastructure disaster 2014 Jan 9 W Va Water

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What is causing the burns/rashes and emergency room visits, if people are using safe water? Weve been monitoring everyone who has presented to the hospital, and what theyve been complaining of is not a burn like you and I would think of as a burn. Some doctors have described it as a solar burn which is similar to a sunburn. Basically, its red skin. Everyone has different sensitivities and as we move through the flushing process, sediment has been stirred up from your hot water tank and the pipes. Some sediment may be coming through the shower that you dont even see. Because everyone has different sensitivities, some may be experiencing this and some may not. These are topical only. Theyre short-lived. They are easily treated with over-thecounter products. I would advise anybody who is seeing this type of reaction to speak with your physician. They wont last. Once things settle down, these symptoms will go away. Can children under three years of age consume the water? DHHR confirmed the only guidance from the CDC is that due to limited availability of data, and out of an abundance of caution, you may wish to consider an alternative drinking water source for pregnant women until the chemical is at non-detectable levels in the water distribution system. The CDC provided information that they believe there is no evidence to suggest that water levels below the laboratory limit of detection of 10 parts per billion (1/100 parts per million) would have adverse health effects, including for pregnant women. Children were considered in these guidelines. Short-term exposure at these levels is not likely to cause any adverse health effects for children or others. Are there known risks associated with this chemical mixing with household cleaners? No. Household cleaning can continue normally. Is this water harmful to my pets? If you are concerned about a pet (dogs and cats) that may have been exposed to contaminated water, contact your local county health officials. In regards to livestock, State Veterinarian Dr. Jewell Plumley said last Friday afternoon, after continuing to seek consultation and advice from toxicologists and animal experts from across the country, there are no known risks to livestock that may have been exposed to the water. How has the chemical spill impacted fish and other aquatic life? DNR is coordinating with all appropriate agencies to monitor any potential impacts to aquatic organisms resulting from this chemical spill. The Wildlife Resources Section has had staff on site and has not observed or received any reports of dead fish at this time. Will grey water from the affected West Virginia American Water systems have a negative impact on surrounding districts? (Grey water sewage and flush water) Sewage goes to a treatment plant to be treated. Because Total Organic Carbon is measured and regulated, the treatment plant must 9 Critical Infrastructure disaster 2014 Jan 9 W Va Water
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notify DEP if unsafe levels of MCHM are present. At this time, there are no reports of unsafe levels. Following treatment, the water is sent into rivers and streams where any MCHM is further diluted into non-detectable levels. In the case of flush water, it is again diluted into non-detectable levels. There is no cause for concern for surrounding water intakes bringing in water at unsafe levels. Does MCHM adhere or leech into plastics? MCHM may temporarily adhere to plastic pipelines which could result in a lingering licorice smell for some time. The chemical is such that you can continue to smell it, even at 100,000 times below the no observable adverse effect level. Are water distribution sites still available? If so, where and for how long? Water distribution sites are still available and will continue to be available well into next week. In order to determine where and how long these sites will remain in effect, its important for you to reach out to your county emergency management office. Please note, the counties adjust and change distribution points based on need and availability. To find a water distribution location in your area, contact your local emergency management office or visit www.governor.wv.gov. Will there be any future legislation presented to protect the integrity of our water? Gov. Tomblin directed his legal team to work with the DEP to draft legislation to help prevent this type of crisis from happening again and anticipates introducing a bill next week. This legislation will: empower the DEP to implement an above ground storage tank regulatory program; require above ground storage tanks to be constructed and maintained in a safe manner; ensure public water systems have proper contingency plans in place to prepare for emergencies such as this; and requires public notice to affected municipalities, counties and the general public concerning regulated above ground storage tanks. The governor anticipates submitting this legislation to the Senate and House of Delegates early next week. The efforts will be coordinated with legislative leadership as well as West Virginias Congressional Delegation. Im breastfeeding, can I drink the water? I (Dr. Tierney) understand your concern. This was taken into account concerning the safety factors provided by the CDC. Short-term exposure at these levels is not likely to cause any adverse health effects for children or others. If you are concerned check with your physician, and feel free to use bottled water as this is a personal decision. I experienced nausea when I flushed my pipes, why is this? It is important to remember we have old pipes, new pipes, copper pipes and iron pipes flushing is causing the sediment to be stirred up. Even small amounts of copper can cause people to feel sick to their stomach and can make people vomit. This will not continueit is a result of the flushing process. Why are so many people going to the hospital? There are a couple of reasonswere in the middle of flu season and virus season. Many of us havent been able to consistently wash our hands with soap and water. While the 10 Critical Infrastructure disaster 2014 Jan 9 W Va Water
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sanitizer is good for cleaning, it isnt great for eliminating a virus. Some people are getting these viruses, as many people do every winter. In addition, a lot of people are getting very anxious. Anxiety is a real diagnosis and it can be really hard on people and its okay to be seen by a health professional to ensure youre okay. The flushing process may have caused the side effects as noted above. Also, the number of people who have been seen in hospitals is a very small number of people as it relates to the affected population. No one has been seriously ill. No one remains hospitalized.

Glossary of relevant Acronyms


A great many organizations and references are mentioned in these notes, where some people might not be familiar with all the abbreviations. In a few cases, I have seen them identified by acronyms, where I do not yet know what all the abbreviations mean. CDC = US Centers for Disease Control CSB = US Chemical Safety Board DEP = W Va Dept of Environmental Protection DHHR = W Va Dept of Health and Human Resources DHS = US Dept of Homeland Security EPA = US Environmental Protection Agency G+ = Google Plus LI = Linked In FEMA = US Federal Emergency Management Agency MCMH = 4-methycyclohexane methanol16 Name Only, In = The law says chemicals need data sheets, with info about toxicity, risks to humans exposed to them. When many answers are filled in unknown or no data available then that means the data sheets information is in name only. OEM = W Va Office of Emergency Management PPH17 RSA = Regional Staging Area, such as Yeager airport in Charleston SDWA = Safe Drinking Water Act18 W Va = West Virginia WVAW = W Va American Water19 WVNG = W Va National Guard These definitions also belong into my overall critical infrastructure disaster analysis notes.20 From time to time I plan to correlate this and it, to see if anything relevant is missing in one of the two places.
16 17

http://www.dhsem.wv.gov/Documents/Eastman-MCHM-MSDS.pdf http://www.dhsem.wv.gov/Documents/PPH%20Stripped%20MSDS.pdf 18 https://en.wikipedia.org/wiki/Safe_Drinking_Water_Act 19 http://www.amwater.com/wvaw/ 20 This document is one installment in a series of time line documents what happened when, with some obvious conclusions. The analysis document correlates conclusions from all the disasters, what should our civilization be doing to better mitigate against all these disasters, which are either man made, or man contributed to.

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2014 Jan-9 W Va chemical spill contaminating tap water Thursday Jan-9 on the Elk River in Charleston, West Virginia's capital, a chemical
spill was discovered, which has led to up to 300,000 people (at 100,000 customer sites) without access to tap water.21
An unknown number of people may fall ill because the warning to avoid the tainted water supply came seven hours after the leak was discovered and perhaps weeks after it started.22 Neighbors of the plant have told reporters they detected the chemicals odor in December, but when did they report it to proper authorities? We have been told that the leak was discovered by state and county environmental agencies, which visited the place because people had reported the odor. The official story, reported via news media and gov briefings, evolved to: inspectors went to the place Jan-9 morning because of smell reports Jan 9 8.15 am.
Odor Complaints for Etowah Terminal
23

21

In my Critical Infrastructure Boom time line notes, I am color coding some key words to use in later News search for updates. http://www.csb.gov/freedom-industries-chemical-release-/ http://www.wvgazette.com/News/201401100004 http://www.wvgazette.com/News/201401090044 http://www.wavy.com/news/politics/wva-national-guard-set-to-help-distribute-water_72963051 http://www.usatoday.com/videos/news/nation/2014/01/10/4404043/ http://www.salon.com/2014/01/10/state_of_emergency_declared_in_west_virginia_chemical_spill/ http://www.npr.org/blogs/thetwo-way/2014/01/10/261282459/chemical-leak-causes-water-emergency-inwest-virginia http://abcnews.go.com/US/wireStory/wva-gov-declares-emergency-chem-spill-21481911 http://www.cbsnews.com/news/chemical-spill-contaminates-water-supply-in-wva/ http://www.msnbc.com/all/west-virginia-chemical-spill-water http://www.dailyfreeman.com/general-news/20140109/wva-governor-declares-emergency-after-chemicalspill-fouls-elk-river http://www.npr.org/blogs/thetwo-way/2014/01/11/261607496/hundreds-of-thousands-still-without-waterin-w-va http://www.nytimes.com/2014/01/11/us/west-virginia-chemical-spill.html?hpw&rref=us&_r=0 http://www.reuters.com/article/2014/01/10/us-usa-westvirginia-spillidUSBREA0902T20140110?feedType=RSS&feedName=environmentNews http://www.washingtonpost.com/national/health-science/chemical-spill-into-wva-river-spurs-closures-runon-bottled-water/2014/01/10/a6ec518a-7a0e-11e3-b1c5-739e63e9c9a7_story.html http://www.washingtonpost.com/national/health-science/west-virginia-water-emergency-nears-fifth-daywith-no-end-in-sight/2014/01/12/9d0959bc-7b88-11e3-9556-4a4bf7bcbd84_story.html http://www.dailymail.co.uk/news/article-2537104/State-emergency-declared-West-Virginia-chemical-spillresults-tap-water-ban-300-000.html http://news.discovery.com/earth/chemical-spill-in-west-virginia-declared-disaster-140110.htm http://www.scientificamerican.com/article/surviving-the-west-virginia-water-crisis/ 22 http://dewaynenet.wordpress.com/2014/01/14/that-west-virginia-chemical-spill-its-likely-a-biggerscandal-than-bridgegate/ http://www.theguardian.com/commentisfree/2014/jan/13/west-virginia-chemical-spill-versusbridgegate 23 http://www.dhsem.wv.gov/Documents/039-00035%20%20Etowah%20Terminal%20%20PennzoilQuaker%20State%20Company%20Odor%20Complaints%20-%20Redacted.pdf

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According to FEMA, the chemical has been detected up to 10 miles down-stream of the location of the spill.24 Warning: some news is soon after the disaster was discovered. The truth may evolve in days ahead. In the days after the disaster, heres all we know about the cause (s): Freedom Industries, located along the Elk river, stores several dangerous chemicals. The leak was in a storage tank which is really ancient. The state of W Va only requires companies which store such chemicals to report that they are doing so. Companies which manufacture dangerous chemicals are required to have state inspections. What chemicals are deemed hazardous, that varies between governments and go agencies. It was like the FBI saying the Bostom marathon bombing used weapons of mass destruction, when most people thought WMD was nuclear chemical biological. Then we learned any gov agency can have any definition, with no universal agreement. Same deal with what chemicals are dangerous. American Water takes water from the Elk river, a short distance downstream from Freedom Industries. Prior to the spill, the local W VA American Water company, had no system for checking the water supply to see if this contaminant was there, then after learning about it, the company had no reliable info on what actions needed to purify water of it. They too actions which failed, thanks to that lack of info.. The Elk river flows into the Ohio river. In addition to contamination of the water supply, there is also what the river pollution might do to fish and other wildlife. It is not just a matter of letting it dilute. There is also long term risk from what an accumulation of the stuff might do along the river banks and sediments. There is also the stuff leached into the soil, and getting into ground water. Few people or organizations have good tested backup plans for crises, nor evaluation of which risks need such plans.25 Whose to blame may ultimately be the political movement which is anti-EPA and antienvironmental protection regulations or funding enforcement.26 Most of our critical infrastructure is rotting away, originally implemented as make-work jobs during the Great Depression. Money, budgeted to bail out the Wall Street banksters, could have instead gone directly to projects to replace our aging infrastructure, and drastically reduce unemployment. So long as these incidents strike different communities, or long time between two in same area, the general public tends to forget about the situation, not consider it a big deal, once each crisis gets resolved.27

24 25 26

See chapters specifically on info from FEMA. http://www.wvgazette.com/Opinion/OpEdCommentaries/201402070081

http://www.salon.com/2014/01/14/the_deplorable_story_of_how_300000_west_virginians_lost_their_wate r/ 27 http://www.wdtimes.com/news/national/image_98d0a866-94e9-5c1f-9c26-487edb09ee1b.html

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After only a few days, the population is outraged, which no doubt will have an impact in the next election. However, it could be weeks before officials can know if the tap water is safe again. The economy is going to be devastated, thanks to widespread shut down of area business, government offices, etc.28 Jan-10 mid-day I posted my initial summary of the situation to G+, but have since added more info to these notes.29 Jan-10 evening I posted another big picture summary of this situation on LI,30 to the Crisis Response discussion group.31

Why not use W Va tap water


People have been told not to use their tap water for: Drinking, using in food preparation, providing to pets Washing, bathing, showering, Washing clothes Boiling will not solve the problem. The ONLY valid use for this tap water is to help flush toilets, or for use in fighting fires.32 The lack of water suitable for washing hands, could lead to faster spread of disease, like flu, speculates local medical clinics.33 According to a fact sheet from Fisher Scientific, the chemical is harmful if swallowed and could be so if inhaled and causes eye and skin irritation. Other symptoms include nausea, vomiting, dizziness, headaches, diarrhea, reddened skin, itching and rashes, according to a news release from the American Association of Poison Control Centers.34 No more than six people have been brought into emergency rooms with symptoms that may stem from the chemical, and none were in serious or critical condition. 35 See FEMA summaries for increases in these numbers. However, the local population is alarmed at the info which has come out, so many with unrelated symptoms are rushing to local
28

http://www.seattlepi.com/news/science/article/W-Va-chemical-spill-declared-federal-disaster5130405.php http://www.latimes.com/nation/nationnow/la-na-nn-west-virginia-chemical-spill20140110,0,6538610.story http://www.telegram.com/article/20140112/APA/301129866 29 https://plus.google.com/u/0/108007903544513887227/posts/j9NBhVLGPaF


30

http://www.linkedin.com/groupItem?view=&gid=3798271&type=member&item=5827563483469725699 &qid=63f24e8d-a571-41a0-96d4-8994a4b29049&goback=.gna_3798271 31 http://www.linkedin.com/groups?home=&gid=3798271&trk=anet_ug_hml 32 http://www.wvva.com/story/24412178/2014/01/09/state-of-emergency-issued-in-9-wva-counties-afterchemical-spill-into-water http://www.wsaz.com/news/charlestonnews/headlines/Chemical-Spill-Fallout-239533291.html 33 http://www.cnn.com/2014/01/12/us/west-virginia-contaminated-water/ 34 http://www.washingtonpost.com/national/health-science/chemical-spill-into-wva-river-spurs-closuresrun-on-bottled-water/2014/01/10/a6ec518a-7a0e-11e3-b1c5-739e63e9c9a7_story.html 35 http://abcnews.go.com/US/wireStory/wva-gov-declares-emergency-chem-spill-21481911

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hospital emergency rooms, although only two had been admitted to hospitals for relevant treatment,36 as of Jan-12, according to the states Dept of Health and Human Resources. Various news stories are reporting fluctuating numbers.37 We cant really tell the vintage of stories, and validity of their info sources. Local stores rapidly ran out of bottled water,38 their customers buying ice when stores running out of the water. People have been asked not to hoard water, but pictures of buyers at various stores, show individuals buying more cases of bottled water than we can expect a normal person to consume in a month. Perhaps they were buying for more people than just themselves, such as the black market.

W Va = State of Emergency
The DO NOT USE THE WATER advisory,39 in turn has led to the closure of many schools, government offices (including the WVa Legislature), and businesses. Governor Earl Ray Tomblin declared a state of emergency for nine counties,40 and President Barack Obama issued an emergency declaration on Friday Jan-10, via FEMA.41 The National Guard is mobilizing at Charlestons Yeager airport. Gov. Earl Ray Tomblin said he will work with his environmental agency chief on tightening regulation of chemical storage facilities in the current legislative session, 42 which was shut down thanks to the water crisis. Businesses adversely impacted by this, include airlines arriving at Yeager airport.43 The airport is open for business, despite the state of emergency, 44 but the weather is causing some flight delays.45 The University of West Virginia in Charleston closed indefinitely, due to this crisis. 46

36 37

http://www.cnn.com/2014/01/12/us/west-virginia-contaminated-water/

http://bostonherald.com/news_opinion/national/south/2014/01/tap_water_may_be_out_for_days_after_wva _spill 38 http://www.miamiherald.com/2014/01/10/3863203/ap-photos-wva-stocks-up-on-water.html 39 http://www.amwater.com/wvaw/about-us/news.html 40 http://www.governor.wv.gov/Pages/State-of-Emergency.aspx http://www.cityofcharleston.org/node/2042 41 http://www.fema.gov/disaster/3366 42 http://www.telegram.com/article/20140112/APA/301129866 43 http://www.wbtv.com/story/24417135/no-water-due-to-wva-spill-affects-airlines http://www.telegram.com/article/20140112/APA/301129866 http://www.kare11.com/story/news/nation-now/2014/01/10/residents-warned-not-to-drink-water-afterwest-va-spill/4411141/ 44 http://www.wsaz.com/news/charlestonnews/headlines/Yeager-Airport-Open-and-Operational-DespiteState-of-Emergency-239628011.html 45 http://www.wvnstv.com/story/24368596/wicked-winter-weather-causing-delays-at-yeager
46

http://www.kabc.com/common/more.php?m=58&ts=1389548102&article=DDC336BC7BAF11E3B51EFE FDADE6840A&mode=2

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Matt Ballard, president of the Charleston Area Alliance, the state's largest regional chamber of commerce, urged business owners to check their insurance policies to see if they can make claims over lost sales. The Alliance plans to hold workshops to assist businesses with those issues.47

Affected W Va counties:
Boone48 contains City of Madison;49 and towns of: Danville; Sylvester; Whitesville; Clay50 - contains town of Clay. Jackson51 contains cities of Ravenswood52 and Ripley,53 Kanawha54 contains Charleston,55 capital of W Va. This is where the chemical spill occurred, and the contamination of the water supply from W Va American Water. This county contains a lot more than Charleston. Cities

Charleston Dunbar Marmet Montgomery (part) Nitro (part) Smithers (part) South Charleston St. Albans

Towns

Belle Cedar Grove Chesapeake Clendenin East Bank Glasgow Handley Pratt

47 48

http://www.telegram.com/article/20140112/APA/301129866 http://quickfacts.census.gov/qfd/states/54/54005.html https://en.wikipedia.org/wiki/Boone_County,_West_Virginia 49 https://en.wikipedia.org/wiki/Madison,_West_Virginia 50 https://en.wikipedia.org/wiki/Clay_County,_West_Virginia 51 https://en.wikipedia.org/wiki/Jackson_County,_West_Virginia 52 https://en.wikipedia.org/wiki/Ravenswood,_West_Virginia 53 https://en.wikipedia.org/wiki/Ripley,_West_Virginia 54 https://en.wikipedia.org/wiki/Kanawha_County,_West_Virginia 55 See later chapters with info about Charleston, and info sources based there.

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Lincoln56 contains towns of Hamlin,57 and West Hamlin. Logan58 - contains the city of Logan, and towns of: Chapmanville Man Mitchell Heights West Logan Putnam59 contains Winfield,60

Town of Bancroft Town of Buffalo Town of Eleanor City of Hurricane

City of Nitro (part) Town of Poca Town of

Roane61 contains city of Spencer,62 and town of Reedy.63 Also: the Culloden64 area (an unincorporated community) of Cabell County. 65 of the states population reside in those 9 counties. The counties are in the South West corner of the state.66 See 20140111 FEMA Daily Ops Briefing_0830.pdf for maps of the affected area, which I tried to copy-paste, but only garbage got pasted. Here is Wikipedia info on the counties of W Va. 67 Some news stories also have good maps of where the trouble exists. Pittsburg Post-Gazette68

56 57

https://en.wikipedia.org/wiki/Lincoln_County,_West_Virginia https://en.wikipedia.org/wiki/Hamlin,_West_Virginia 58 https://en.wikipedia.org/wiki/Logan_County,_West_Virginia 59 https://en.wikipedia.org/wiki/Putnam_County,_West_Virginia 60 https://en.wikipedia.org/wiki/Winfield,_West_Virginia 61 https://en.wikipedia.org/wiki/Roane_County,_West_Virginia 62 https://en.wikipedia.org/wiki/Spencer,_West_Virginia 63 https://en.wikipedia.org/wiki/Reedy,_West_Virginia 64 https://en.wikipedia.org/wiki/Culloden,_West_Virginia 65 https://en.wikipedia.org/wiki/Cabell_County,_West_Virginia
66

http://content.govdelivery.com/attachments/USDHSFEMA/2014/01/10/file_attachments/262169/20140110 %2BFEMA%2BDaily%2BOps%2BBriefing_0830.pdf
67 68

https://en.wikipedia.org/wiki/List_of_counties_in_West_Virginia http://www.post-gazette.com/local/region/2014/01/11/Chemical-leak-shuts-W-Vawater/stories/201401110115

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Conflicting stories
There are conflicting stories, like how this was discovered, and how promptly the problem was communicated to people with the need to know.. Reports on whos who at Freedom Industries, tell us that Farrell sold the place 2013 Dec to Forrest, and that Southern was hired as President in 2013, but when inspectors arrived Jan-9, they met Farrel, who identified himself as the President of the company. Did the company have two Presidents, and if so, for how long? West Virginia allegedly does not have a good environmental or safety record. o Coal Mine disasters. o Freedom Industries was not subject to any government inspections prior to this disaster.69 o The state is more friendly to industry than to the environment or safety.70 o Health and safety information should always be public, never confidential. There are gag orders on the medical profession. Companies may store any chemicals they please, with self-reporting, whose chemical data info sheets are often in name only, and no inspections to verify they are correctly reporting. Many incidents are discovered not by routine, regular monitoring by the facility itself, for leaks and spills, or suspicious consumption of inventory, but it was reported by the community, because the smell levels were so high in the air, and the water, that they were noxious. There are many stories that this incident fell into that pattern. We are not told any correlation between: o When residents first observed the problem (December); o When they reported it to authorities (it took an eternity before any reports told us 8.15 am on Jan-9); o When authorities acted upon those reports (Jan-9). o Why, when inspectors told the company that it must report the leak, they told lies instead, easily disproven. President Southern of Freedom Industries says his people discovered the leak, on Jan-9, and started taking action to deal with it. We are not told if this discovery was before or after the state and county environmental protection inspectors arrived on the scene. There are several conflicting stories. More than one company involved, someone tried to fix the leak earlier, and did not do a competent job. Inspectors informed the company on Jan-9 when Farrell was there, telling them HE was the President. When inspectors told the company that a state report should be made, one was made with falsehoods.

69

2013 Dec 31 Freedom was merged with 3 other companies, including the place with the Jan 9 chemical spill. 70 http://www.wvgazette.com/Opinion/Editorials/201402070053

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o Inspectors found evidence the leak was old with incompetent efforts to address it. We do not yet know it these efforts predate the 2013 Dec 31 change in company ownership. When did Freedom Industries report the leak to authorities, or outfits down stream, like American Water, of exactly what had spilled, along with relevant information about its toxicity? 71 This is a problem of corporate responsibility, and communications, with implications for first responders and the medical community. o They should have been telling the community, not the community telling them, that theres a problem. o They should have been telling people what the chemical was, so that individuals could look it up, as well as first responders know how to respond to it.

I have seen and heard some stories, which I believe to be false: This was not a natural disaster. It was a man made disaster, although probably not deliberate. This was not caused by a flood. However, the cold weather has made the situation worse. Water trucks were delayed getting to the area, and now the people have to wait in line for many hours, in the bitter cold, to get good water installments.

Environmental Risk
According to an Associated Press (AP) story in my local newspaper (Evansville Indiana Courier & Press) published Jan-14 on page 8A: W Va government considered the facility, where the spill occurred, as low risk for any problem, and thus did not need any routine inspections. On a normal day, it did not produce waste which went into the environment. Regulators have scarce resources and manpower, so they need to prioritize what gets inspected. o I believe that EVERYTHING ought to get inspected RARELY, with high priority sites inspected more often. The chemicals were stored in tanks which were dying of old age, where if there was a spill from any of those tanks, the environment was theoretically protected by a brick and concrete dike, which is now believed to have had structural problems. The company was aware of these problems, and had placed $ 1 million into an escrow account, budgeted to fix it sometime in the future. These retaining walls are standard for these kinds of facilities, but over time they are at risk of cracking, and need maintenance. This facility was so close to the intake for the water supply, that there was no opportunity for any spill to dilute to safety in the river water.

71

Quite possibly never? http://www.salon.com/2014/01/14/the_deplorable_story_of_how_300000_west_virginians_lost_their_wate r/

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According to Salon, 12 full days after the spill was discovered, the company revealed that a 2nd previously undisclosed chemical, was also in the mix. The company told investigators, on Jan-21, that about 300 gallons of PPH had been added to the tank containing the MCHM, whose leak was discovered Jan-9. Until then, the investigation had only been testing for MCHM in the water supply, and warning people of the health risks from MCHM, because they did not know that PPH was possibly in the mix. Another challenge to investigate, and renewed warnings to the general public.72

Testing School Water


Schools Water supplies get tested, are found to have high levels of MCHM, but there are conflicting stories attributed to authorities.73 Pregnant women should not drink this water, but it is Ok for children of all ages. However, try try again and the problem gets resolved. The West Virginia Department of Education (WVDE) learned that after re-flushing five schools have achieved a non-detect level of MCHM in their water systems. These five schools join the nearly 100 schools where testing has resulted in non-detect readings at the more rigorous screening limit.74

Business recoveries
Some businesses, which closed because they did not have the needed water for their businesses, have made alternative arrangements, and are beginning to re-open. I saw on TV an interview with a hospital administrator. There was a tanker truck parked outside the hospital, being used for the water. The interview explained many many hospital uses for water. Pullman Plaza has setup several hotel rooms, where the local public can visit to get a free shower, but the people are asked to bring their own towels and toiletries. 75 The hotels general manager says they are also opening their restaurant buffet, since the hotel is located in Huntington W Va,76 whose tap water supply is not part of what is contaminated. Huntington is West of Charleston, on I-79. Long term, the recovery effort needs to convince all the people in the region that the water is safe, and will stay safe, and that the state is going to start taking the environment seriously, without being anti-industry. Otherwise there may be a lost of workers and businesses in the area, as opposed to healthy growth.77
72

http://www.salon.com/2014/01/22/company_forgot_to_mention_that_another_chemical_may_have_spilled _into_west_virginias_water_supply/ http://www.wvgazette.com/News/201401210072 73 http://www.wvgazette.com/News/201402070043 http://www.wowktv.com/story/24668105/kanawha-county-school-board-president-says-there-is-a-newpolicy-for-closing-schools-when-a-strange-smell-is-reported 74 http://www.governor.wv.gov/Pages/State-of-Emergency.aspx See 2014 Feb-2 installment on the above linked page. 75 http://www.chron.com/news/science/article/Hotel-offers-showers-following-W-Va-spill-5131021.php 76 https://en.wikipedia.org/wiki/Huntington,_West_Virginia 77 http://www.wvgazette.com/News/201402090100

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Emergency response to WVa water disaster


Emergency Declaration was approved on January 10, 2014 for State of West Virginia For a chemical spill which occurred January 9, 2014 and continuing Provides: Emergency protective measures (Category B), limited to direct federal assistance, under the Public Assistance program at 75 percent federal funding for 8 counties

Emergency services are providing water from tanker trucks to residents who are in long lines, carrying various containers, for a 4 gallons per person visit limit.78 In other words, wait in line, get 4 gallons. Other members of same family could be in same line, also get 4 gallons. Come back to the line that day, or another, wait many hours, get another 4 gallons, while the supply lasts. 75 of the trucks were sent by FEMA, but those were delayed by the weather. FEMA has additional daily deliveries of water planned. The federal Dept of Homeland Security sent 16 tanker trucks of water. 79 Several companies are also sending relief supplies of bottled water, and alternative drinks, such as Pepsi and Coca Cola.80 The Brother Foundation announced today that it is working with Gleaning for the World to provide water in the area. Gleaning for the World sent six tractor trailer loads of bottled water to FEMA and faith-based distribution sites.81 Related Links EM-3366 FEMA response to W Va chemical spill82 Federal Aid Programs for the State of West Virginia83 FEMA Supporting West Virginia Response Efforts Urges Residents in Affected Area to Listen to Local Officials84 Household Chemical Emergency85 President Obama Signs West Virginia Emergency Declaration86 Water Distribution sites thanks to the Charleston WVa chemical spill disaster.87
http://www.wchstv.com/newsroom/eyewitness/140209_23097.shtml 78 http://www.latimes.com/nation/nationnow/la-na-nn-west-virginia-water-chemical-spill20140110,0,6847695.story 79 http://www.cnn.com/2014/01/12/us/west-virginia-contaminated-water/ 80 http://abcnews.go.com/US/wireStory/wva-gov-declares-emergency-chem-spill-21481911 81 http://www.post-gazette.com/local/region/2014/01/11/Chemical-leak-shuts-W-Vawater/stories/201401110115 82 http://www.fema.gov/disaster/3366 83 http://www.fema.gov/news-release/2014/01/10/federal-aid-programs-state-west-virginia 84 http://www.fema.gov/news-release/2014/01/10/fema-supporting-west-virginia-response-efforts-urgesresidents-affected-area 85 http://www.ready.gov/household-chemical-emergencies 86 http://www.fema.gov/news-release/2014/01/10/president-obama-signs-west-virginia-emergencydeclaration 87 http://www.cityofcharleston.org/node/2043

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The City of Charleston continues to work with the State of West Virginia and Kanawha County officials to deal with the water emergency. 88 As bottled water is made available Jan-10, the Citys Emergency Services Director has arranged for fire stations o #1 (Morris Street), o #2 (808 Virginia Street, West), o #8 (Orchard Manor) and o the Fire Training Center (115 Lee Street, West) to be used as distribution sites, while the supplies last.

Because the initial chemical leak happened outside the city limits and because the water system covers a multi-county area, the State and Kanawha County are taking the lead on the response to the leak and water emergency. West Virginia American Water Company issued its order to not use tap water for drinking, cooking, bathing or laundry under and abundance of caution Jan-9 evening.89 However, many other water companies also serve the affected area. Officials with the State of West Virginia and Kanawha Charleston Health Department will make the final determination about when its safe to use tap water again. West Virginia Division of Homeland Security and Emergency Management90

Jan-22 W Va spill summary via FEMA


No info about this disaster, nor the factory explosion in Omaha NE, in the latest daily installment, just details about the latest cold weather storms. FEMA Daily Operations Briefing for Wednesday, January 22, 2014

20140122 FEMA Daily Ops Briefing_0830.pdf

Significant Events: Mid-Atlantic Winter Storm Chemical Spill Charleston, WV (FEMA-3366-EM) (FINAL) Significant Weather: Snow Upper Mississippi Valley to Great Lakes and Ohio Valley; Northeast; Northern Plains to Southern Rockies Heavy snow Great Lakes Red Flag Warnings: AL & CA
88

http://www.cityofcharleston.org/node/2052 http://www.cityofcharleston.org/node/2048 89 http://thinkprogress.org/climate/2014/01/10/3147131/6-terrifying-facts-west-virginia-spill/ 90 http://www.dhsem.wv.gov/Pages/default.aspx Residents can follow The West Virginia Division of Homeland Security and Emergency Management at www.twitter.com/wvdhsem and www.facebook.com/WVDHSEM .

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Critical Fire Weather Areas: None Space Weather: No space weather storms occurred/predicted next 24 hours FEMA Readiness: Region III RRCC at Level III NE-TF1 (State activated) for Omaha, NE plant explosion Declarations: Major Disaster Declaration Request VT Major Disaster Declaration Request OK Major Disaster Declaration Request TX Amendment No.1 to FEMA-4159-DR-TX

Jan-21 W Va spill summary via FEMA


FEMA Daily Operations Brief for Tuesday, January 21, 2014 Significant Events: Chemical Spill Charleston, WV (FEMA-3366-EM) Explosion International Nutrition Plant, Omaha, NE Colby Wildfire, CA FINAL FEDERAL OFFICES in Washington, DC area (NCR) are CLOSED; emergency and telework-ready employees required to work must follow their agencys policies, including written telework agreements Significant Weather: Artic airmass Eastern U.S. Seaboard Heavy Snow Storm Mid-Atlantic and New England Blizzard conditions Mid-Atlantic into New England (Gusty winds & low temperatures) Red Flag Warnings: TX, CO, NE & KS Critical Fire Weather Areas: Southern Plains Elevated Fire Weather Areas: Central/Southern Plains Space Weather: No space weather storms o ccurred/predicted next 24 hours FEMA Readiness: NE-TF1 (State activated) for Omaha, NE plant explosion Declarations: Major Disaster Declaration Request - VT

20140121 FEMA Daily Ops Briefing_0830.pdf

January 9, 2014 & continuing Located near Kanawha Valley Water Treatment Plant Up to 7,500 gallons of 4-methylcyclohexane methanol (MCHM) leaked into Elk River Do Not Use order lifted for all WVAM customer areas Jan 17 Authorities recommend: abundance of caution for pregnant women and continue to use alternate sources of drinking water 411 patients treated/released; 20 individuals admitted Interagency team continues sampling at the plant at both the ppm and ppb levels 23 Critical Infrastructure disaster 2014 Jan 9 W Va Water Here is the main document: http://www.scribd.com/doc/114094060/CI-Boom-Analysis

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State Response WV State EOC transitioned to a Partial Activation Governor declared state of emergency for 9 counties FEMA Response NRCC not activated; NWC at Normal Operations Region III RRCC at Level III (Partial Activation); ESFs remains on standby FEMA Logistics is providing 24/7 operations to support commodity request/shipments FCO, IMAT & LNO at IOF in Charleston, WV FSA remains operational in Charleston, WV No new requirements final water shipment scheduled to arrive @ 9:00 a.m./ today FEMA Logistics will transition to a 24/7 on-call status upon the arrival of the final truck No unmet needs

Jan-20 W Va spill summary via FEMA


FEMA Daily Operations Brief for Monday, January 20, 2014 Significant Events: Chemical Spill Charleston, WV (FEMA-3366-EM) Colby Wildfire CA Significant Weather: Heavy snow Northern Plains, Ohio Valley, Great Lakes & Northeast Arctic air mass moving into Eastern U.S. Red Flag Warnings: TX, OK, NM Critical Fire Weather Areas: Southern Plains Elevated Fire Weather Areas: Central/Southern Plains Space Weather: No space weather storms occurred/predicted next 24 hours FEMA Readiness: No significant changes Declarations: Major Disaster Declaration Request - VT

20140120 FEMA Daily Ops Briefing_0830.pdf

January 9, 2014 & continuing Located near Kanawha Valley Water Treatment Plant Up to 7,500 gallons of 4-methylcyclohexane methanol (MCHM) leaked into Elk River The Do Not Use order was lifted for all WVAM customer areas Jan 17 411 patients treated/released; 20 individuals admitted State Response WV State EOC transitioned to a Partial Activation 24 Critical Infrastructure disaster 2014 Jan 9 W Va Water Here is the main document: http://www.scribd.com/doc/114094060/CI-Boom-Analysis

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Governor declared state of emergency for 9 counties FEMA Response NRCC not activated; NWC at Normal Operations Region III RRCC at Level III (Partial Activation); ESFs remains on standby FEMA Logistics is providing 24/7 operations to support commodity request/shipments FCO, IMAT & LNO at IOF in Charleston, WV FSA remains operational in Charleston, WV

Jan-19 W Va spill summary via FEMA


Here is daily FEMA summary of USA natural and man-made serious trouble, which we can subscribe to via e-mail: FEMA Daily Operations Briefing for Sunday, January 19, 2014.

20140119 FEMA Daily Ops Briefing_0830.pdf

January 9, 2014 & continuing Located near Kanawha Valley Water Treatment Plant Up to 7,500 gallons of 4-methylcyclohexane methanol (MCHM) leaked into Elk River Impact The Do Not Use order was lifted for all WVAM customer areas Jan 17 411 patients treated/released; 20 individuals admitted Precautionary Boil Water Advisories continue in some locations Previously issued do not drink/limited contact advisory for Fraziers Bottom, Pliny and the town of Buffalo was lifted on January 18 State Response WV State EOC transitioned to a Partial Activation Governor declared state of emergency for 9 counties FEMA Response NRCC not activated; NWC at Normal Operations Region III RRCC at Level III (Partial Activation); ESFs remains on standby FCO, IMAT & LNO at IOF in Charleston, WV FSA remains operational in Charleston, WV

Jan-18 W Va spill summary via FEMA


New info from FEMA in their latest daily summary:

All the red is gone from the map, but some areas do have some continuing water restrictions. 411 (+94) patients treated/released; 20 (+6) individuals admitted Here is daily FEMA summary of USA natural and man-made serious trouble, which we can subscribe to via e-mail: FEMA Daily Operations Briefing for Saturday, January 18, 2014. 25 Critical Infrastructure disaster 2014 Jan 9 W Va Water
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20140118 FEMA Daily Ops Briefing_0830.pdf

2/25/2014 4:37:40 PM

January 9, 2014 & continuing Located near Kanawha Valley Water Treatment Plant Up to 7,500 gallons of 4-methylcyclohexane methanol (MCHM) leaked into Elk River Impact The Do Not Use order was lifted for all WVAM customer areas Jan 17 411 (+94) patients treated/released; 20 (+6) individuals admitted Precautionary Boil Water Advisories continue in some locations Limited water restrictions remain in effect in some areas as testing continues State Response WV State EOC remains fully activated (Level I) Governor declared state of emergency for 9 counties FEMA Response NRCC not activated; NWC at Normal Operations Region III RRCC at Level III; ESFs releas ed, but remain on standby FCO, IMAT & LNO at IOF in Charleston, WV FSA remains operational in Charleston, WV

Jan-17 W Va spill summary via FEMA


New info from FEMA in their latest daily summary:

Water bans have been lifted for 74% of the W Va customers. No fatalities; 317 (-16) patients treated/released; 14 individuals admitted

Here is daily FEMA summary of USA natural and man-made serious trouble, which we can subscribe to via e-mail: FEMA Daily Operations Briefing for Friday. January 17, 2014.

20140117 FEMA Daily Ops Briefing_0830.pdf

January 9, 2014 & continuing Located near Kanawha Valley Water Treatment Plant Up to 7,500 gallons of 4-methylcyclohexane methanol (MCHM) leaked into Elk River Impact No fatalities; 317 (-16) patients treated/released; 14 individuals admitted Do Not Use order remains in effect for approximately 26,000 customers
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As of 8:00 a.m. EST Jan 17, water bans lifted for 74% of customers (74k) EPA confident spill is contained; remediation focused on tank removal State Response WV State EOC remains fully activated (Level I) Governor declared state of emergency for 9 counties FEMA Response NRCC not activated; NWC at Normal Operations Region III RRCC at Level III; ESFs released, but remain on standby FCO, IMAT & LNO at IOF in Charleston, WV State requested 1.6M additional liters of water; FEMA sending 2.8M liters Shipments of water will continue to arrive through Jan 19. Jan-16 W Va spill summary via FEMA
New info from FEMA in their latest daily summary:

Map, now has much more W Va areas marked blue-safe, than red-not.
Do Not Use order remains in effect for approximately 43,000 customers

State requested some more water, which FEMA is shipping. Cleaning the chemicals out of portions of water system, has led to other problems.
No fatalities reported; 333 (+47) patients treated/released 14 individuals admitted.

Here is daily FEMA summary of USA natural and man-made serious trouble, which we can subscribe to via e-mail: FEMA Daily Operations Brief for Thursday, January 16, 2014 20140116 FEMA Daily Ops Briefing_0830.pdf

January 9, 2014 & continuing Located in Charleston (pop. 51,018), near Kanawha Valley Water Treatment Plant Up to 7,500 gallons of 4-mtheylcyclohexane methanol (MCHM) leaked into Elk River Impact No fatalities reported; 333 (+47) patients treated/released 14 individuals admitted A Do Not Use order remains in effect for approximately 43,000 customers As of 12:30 a.m. EST Jan 16, water bans lifted for 57,000 customers (57 percent of customers) CDC advising threshold of 1 ppm is only for bathing or flushing Odor can occur at levels less than 1 ppm; if odor is detected, water should not be ingested State requested additional water support until CDC gives guidance on further remediation of water distribution system Precautionary boil water advisory issued for Sissonville (Kanawha County); boiling will kill bacteria and other organisms; extensive flushing of system caused water storage tank to drain Multiple restaurants authorized to reopen in greater Charleston; more will reopen after successfully completing prescribed water system flushing and being certified by county board of health

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EPA lead has confidence spill is contained; sampling of water plants intake and output lines have showed no MCHM for more than past 24 hours; remediation currently focused on tank removal State Response WV State EOC remains partially activated (Level III); Governor declared state of emergency for 9 affected counties U.S. HHS (ESF-8) demobilized at 12:30 pm EST Wednesday FEMA Response NRCC & NWC have transitioned back to Normal Operations Region III RRCC at Level III (Partial Activation); ESFs released, but remain on standby FCO, IMAT & LNO at IOF in Charleston, WV State requested additional 1.2 million liters of water; FEMA will ship 1.6 million liters; 400,000 liters to arrive by noon today, Jan 16 HHS ESF-8 demobilized at 12:30 pm EST Jan 15

Jan-15 tainted water detected @ Cincinnati Ohio


The Elk River flows into other rivers which flow into the Ohio River. Other water companies down stream were testing for this problem, and they found it. 91

Jan-15 W Va spill summary via FEMA


New info from FEMA in their latest daily summary:

Map, where water is safe in W Va, has grown in areas marked blue-safe, red-not.
Do Not Use Water order remains in effect for approximately 49,000 customers No fatalities; 286 (+52) patients treated/released 14 individuals admitted Food production in area restaurants resumes under guidance of Kanawha County Dept. of Health (DOH); list of approved safe restaurants available to public on DOH website Mayor of Cincinnati, ordered river water intake valves into citys water system shut down for 20 hours to allow any potential chemicals to flow past their area;

Here is the daily FEMA summary of USA natural and man-made serious trouble, which we can subscribe to via e-mail: FEMA Daily Operations Brief for Wednesday, January 15, 2014

20140115 FEMA Daily Ops Briefing_0830.pdf

January 9, 2014 & continuing Located in Charleston (pop. 51,018), near Kanawha Valley Water Treatment Plant Up to 7,500 gallons of 4-mtheylcyclohexane methanol (MCHM) leaked into Elk River Impact No fatalities reported; 286 (+52) patients treated/released 14 individuals were admitted A Do Not Use Water order remains in effect for approximately 49,000 customers As of 6:30 a.m. EST Jan 15, water bans lifted for 51,000 customers (approx. 51 percent of systems customers) Water company established a public website that maps the areas that have been declared Water is Safe (Blue) and Do Not Use Order (Red) (http://www.westvirginiaamwater.com) As of 2:00 p.m. EST Jan 14 there was no detection of (MCHM) in raw or finished water at Kanawha Valley Plant

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http://www.nbcnews.com/video/nightly-news/54081819

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Food production in area restaurants continues to resume under guidance of Kanawha County Dept. of Health (DOH); list of approved safe restaurants available to public on DOH website Department of Education working on opening schools in affected counties; schools open in 5 of 9 counties. Elk River flows into an Ohio River tributary; Cincinnati, OH Water Works is monitoring Ohio River Mayor of Cincinnati, ordered river water intake valves into citys water system shut down for 20 hours to allow any potential chemicals to flow past their area; supplemental water supply available from Bolton in Fairfield, OH; Bolton water source not affected State Response WV State EOC remains fully activated; Governor declared state of emergency for 9 affected counties FEMA Response NRCC at Level III (Day Shift) with ESF-7; NWC at Enhanced Watch (Night Shift) Region III RRCC at Level III (Partial Activation); ESFs released, but remain on standby IOF established in Charleston, WV, with FCO, IMAT & LNO on scene All State requirements for food and water have been met; all inbound shipments have concluded HHS ESF-8 will demobilize at 12:30 pm EST Jan 15

Jan-14 W Va spill summary via FEMA


New info from FEMA in their latest daily summary:

Map of where water is safe. The ELK River flows into the OHIO River. Enough water and meals have been delivered to meet state & local needs, so FEMA no longer delivering any. Schools re-opening in 5 of the 9 counties.

234 patients treated/released


14 individuals were admitted; No fatalities reported.

Here is the daily FEMA summary of USA natural and man-made serious trouble, which we can subscribe to via e-mail: FEMA Daily Operations Brief for Tuesday, January 14, 2014 Significant Events: Chemical Spill Charleston, WV (FEMA-3366-EM) Significant Weather: Thunderstorms/Heavy rains Southeast to Northeast Wintery mix Mississippi Valleys to Appalachians into Northeast Heavy Snow Great Lakes Snow Throughout the Rockies Red Flag Warnings: TX, OK, KS & CA Critical Fire Weather Areas: TX, NM, OK, AZ, & CA Space Weather: Minor - R1 level Solar Radiation Storms occurred; None predicted next 24 hrs FEMA Readiness: FEMA NRCC is activated to Level III (Dayshift with ESF -7) 29 Critical Infrastructure disaster 2014 Jan 9 W Va Water Here is the main document: http://www.scribd.com/doc/114094060/CI-Boom-Analysis

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NWC is activated to Enhanced Watch (Nightshift)

20140114 FEMA Daily Ops Briefing_0830.pdf92

Thanks to American Water, FEMA has shared a map improving the localities picture of where the water is safe, and where it is not safe, in W Va.93
January 9, 2014 & continuing Located in Charleston (pop. 51,018), near the Kanawha Valley Water Treatment Plant Up to 7,500 gallons of 4-mtheylcyclohexane methanol (MCHM) leaked into the Elk River Impact No fatalities reported; 234 patients treated/released 14 individuals were admitted A Do Not Use Water order remains in effect for approximately 65,000 customers On Monday, bans lifted for 26,000 customers (most of Kanawha City and portions of Charleston - South, North, Downtown/East End) 94 Tuesday morning, bans lifted for 9,000 additional customers in the Edgewood, Southridge, and Southside areas95 Schools open for 5 of the 9 affected counties; Board of Education is assessing others Remediation currently focused on tank removal at the source of the leak Elk River flows into an Ohio River tributary; Cincinnati Water Works is monitoring the Ohio River Water company has established a public website which areas that have been declared Water is Safe (Blue) and Do Not Use Order (Red) (http://www.westvirginiaamwater.com) State Response WV State EOC remains fully activated Governor declared state of emergency for the 9 affected counties FEMA Response NRCC is at Level III (Day Shift) with ESF-7; NWC at Enhanced Watch (Night Shift) Region III RRCC is at Level III; all ESFs were released, but remain on standby IOF established in Charleston, WV, with FCO, IMAT & LNO on scene All State requirements for food and water have been met; all inbound shipments have stopped

Commodities update as of 8 am EST Jan-14:96

92

http://content.govdelivery.com/attachments/USDHSFEMA/2014/01/14/file_attachments/262904/20140114 %2BFEMA%2BDaily%2BOps%2BBriefing_0830.pdf 93 I have previously tried to copy-paste images from FEMA daily reports, and just got garbage. But since American Water is identified as the source of this new map, I can go to their web site to see if copy-paste the image works from there. 94 100,000 customer sites (estimate) 26 = 74 95 74 9 = 65

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Requirement for 1.4M liters water and 100K meals complete All resources have been issued to State Requirement for 800K liters of water, Saturday 858K liters shipped and issued to State Requirement for 800K liters of water, Sunday 795K liters shipped Additional 805K liters procured via OCPO (total of 1.6M liters) 1.59M liters received by FSA and 1M issued to State Requirement for 800K liters of water, Monday LMD added additional 400K liters for a total of 1.2M liters 965K liters shipped 948K liters received by FSA FCO stated no new requirements exist. Requested all inbound shipments to stop

Jan-13 W Va spill summary via FEMA


New info from FEMA in their daily summary:

Up to 169 patients have been treated, with symptoms indicating they may have been exposed to too much of the stuff, before the warnings got to them. No confirmed fatalities.

Here is the daily FEMA summary of trouble around the USA:

20140113 FEMA Daily Ops Briefing_0830.pdf97

January 9, 2014 & continuing Up to 7,500 gallons of 4-mtheylcyclohexane methanol (MCHM) leaked into the Elk River Located in Charleston (pop. 51,018), near the Kanawha Valley Water Treatment Plant A Do Not Use Water order remains in effect, affecting 300k residents across 9 counties CDC determined 1 ppm (part per million) to be safe level; water sampling & testing procedure established State is testing the water plant outflow, & key points along the 1,700 mile pipeline system. Goal is: o Obtain 24 consecutive hours of readings below 1.0 ppm at outflow o Preponderance of readings at/below 1.0 ppm within the pipeline system Once both goals achieved, lines will be purged and elements of the water system brought back on line Recent test results showed no readings at the water plant exceeding the 1.0 ppm maximum. No confirmed fatalities; 169 patients have been treated; WV Health Ops Center screened all major medical facilities; there are no unmet needs
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There are acronyms all over FEMA reports, which are not explained in any obvious place. This is typical of government work.
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Local/State Response Governor declared state of emergency for the 9 affected counties WV State EOC remains fully activated FEMA Region III RRCC transitioned to Level III; all ESFs were released, but remain on standby IOF established in Charleston, WV, with IMAT & LNO on scene Federal Staging Area operational in Charlestonsupplying water and meals to WV FEMA Headquarters NRCC activated to Level III with ESF-7; NWC at Watch/Steady State (24/7) FEMA Logistics continues to coordinate delivery of water and meals

FEMA ordered 1,400,000 gallons of water the first day, 800,000 gallons each additional day. 4,735,131 gallons shipped so far 4,456,010 gallons delivered so far 3,428,230 gallons issued so far to the people of W Va Also 135,696 meals have been issued to the people of W Va

Jan-12 W Va spill summary via FEMA


New info from FEMA in their daily summary:

The water pipeline is 1,700 miles.

\Here is the daily FEMA summary of trouble around the USA:

20140112 FEMA Daily Ops Briefing_0830.pdf98

January 9, 2014 & continuing An estimated 5,000 - 7,500 gallons of 4 - mtheylcyclohexane methanol (MCHM) leaked into the Elk River Facility located in Charleston (pop. 51,018) near the Kanawha Valley Water Treatment Plant A Do Not Use Water order was issued, affecting 300k residents across 9 counties

Water considered unsafe for drinking, washing, cooking or bathing Firefighting and sanitation use are okay
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CDC determined 1 ppm (part per million) to be safe level; water


sampling and testing procedure established; 4 labs set up to measure levels in uniform manner Last available sample (as of Jan 11) was at 1.7 ppm and declining State testing water plant outflow, and key points along the 1,700 mile pipeline system. Goal in testing is: Obtain 24 consecutive hours of readings below 1.0 ppm at outflow Preponderance of readings at/below 1.0 ppm within the pipeline system Once both goals achieved, lines will be purged and elements of the water system brought back on line

There have been no confirmed spill - related fatalities or injuries


(FEMA-33666-EM-WV SITREP #9) All hospitals are on emergency water supplies w/tanks being filled from mobile Tankers. no unmet need Local/State Response Governor declared state of emergency for the 9 affected counties WV State EOC remains fully activated FEMA Region III RRCC remains activated to Level II; however, all ESFs were released to support field operations IMAT & LNO deployed to WV FEMA Headquarters NRCC activated to Level III with ESF 7; NWC at Watch/Steady State (24/7) FEMA Logistics continues to coordinate delivery of water and meal

Jan-11 W Va spill summary via FEMA


New info from FEMA in their latest daily summary:

Organizations, dealing with the crisis, are identified. Critical Infrastructure disaster 2014 Jan 9 W Va Water

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Current Situation : On Jan 9, a chemical plant in Charleston (pop. 51,018), Kanawha County, WV reported chemical leak in facilitys secondary containment into Elk River; Chemical is 4methycyclohexane methanol Source of leak is contained; estimate of up to 5,000 gallons released99 Chemical detected as far as 10 miles downstream; last sample was at 1.7 ppm and declining Water plant produces 30-40 million gallons/day; plant has not shut down and remains pressurized Shut down would impact 100,000 customers (300,000 people) Local/State Response Governor declared state of emergency for 9 counties; WV EOC at Level I, Full Activation Do Not Use order issued to residents not to use water for drinking, washing, cooking or bathing; firefighting and sanitation use ok boiling water will not remove chemical No confirmation on what constitutes safe level; EPA, CDC, WV State Health, WVAW, DEP, National Guard, and DuPont are coordinating water sampling and testing both in/outside the facility Local hospitals reported patient load is within existing hospital capacities; hospitals have a 2-3 day water supply on hand Schools in 7 of the affected counties were closed on January 10 FEMA Region III RRCC; Level II (Partial Activation) with ESFs 3,5,8, 10 & DCE; RWC at Watch/Steady State IMAT & LNO deployed to WV FEMA Headquarters NRCC activated to Level III (24/7) with ESF-7; NWC at Watch/Steady State (24/7) FEMA Logistics continues to coordinate delivery of water and meals 133,696 meals and over 1 million liters of water delivered

Jan-10 W Va spill summary via FEMA


New info from FEMA in their daily summary: The facts about this spill, known at the beginning. Initial official reactions. On Jan 9, a chemical plant in Charleston (pop. 51,018), Kanawha County, WV reported chemical 100 leak facilitys secondary containment into Elk River Chemical is methycyclohexane methanol used in coal preparation process; Non toxic but irritant for eyes, respiratory system and skin, also a flammable solvent Leak was contained at 8:40 p.m. EST; estimate up to 5,000 gallons released
99

Estimates of how much got spilled have advanced: 2,000 5,000 7,500 gallons. The basis of these estimates have not been made public.
100

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Do not use order issued to residents advising them not to use water for drinking, washing, cooking or bathing; firefighting and toilet use ok Boiling water will not remove chemical Water plant produces 30 - 40 million gallons/day; plant is not being shut down at this time. Shut

down would impact 100,000 customers (300,000 people).

01.4 million liters (approx. 75 trucks) of water to be delivered to RSA (Regional Staging Area) at Yeager Airport in Charleston no later than 8:00 pm EST Jan-10 Trucks delayed due to weather but anticipate full delivery between 5:00 pm and 9:00 pm Jan-10 101 evening.

Lawsuits
More than 50 complaints have been filed in various state and federal courts related to the chemical spill.102 Some of them are class action lawuits. By mid-afternoon Friday Jan-10, seven civil lawsuits had been filed against Freedom Industries or both it and the water company, some by local businesses, in Kanawha County Circuit Court.103 When the lawsuit count reached 20, Freedom Industries, declared chapter 11 bankruptcy.104 Some lawsuits have questioned whether shareholders in the company, or its parent company, can be held liable.105 I am not a lawyer, but I believe one advantage of being incorporated is that only a company can be held liable for bad behavior, while owners and employees of that company can only be held liable for bad stuff that they personally can be proven to have done. Meanwhile a parent company can often give commands to the child company, and be held liable for the consequences of those commands. The water company is also being sued.106 20+ lawsuits so far. The company that made the MCHM, Eastman Chemical (EMN), based in Kingsport, Tn, is also being sued.107
101

http://content.govdelivery.com/attachments/USDHSFEMA/2014/01/10/file_attachments/262169/20140110 %2BFEMA%2BDaily%2BOps%2BBriefing_0830.pdf 102 http://wvrecord.com/news/265825-more-lawsuits-filed-against-w-va-american-water 103 http://www.post-gazette.com/local/region/2014/01/11/Chemical-leak-shuts-W-Vawater/stories/201401110115 104 http://www.washingtonpost.com/business/economy/new-owner-of-freedom-industries-must-facefallout-of-west-virginia-chemical-spill/2014/01/17/77b1a572-7df2-11e3-93c1-0e888170b723_story.html 105 http://www.coalvalleynews.com/news/news/3003795/Freedom-Industries-lawsuits-question-liability 106 http://wvrecord.com/news/265825-more-lawsuits-filed-against-w-va-american-water http://www.businessweek.com/articles/2014-01-30/west-virginia-chemical-spill-mystery-who-runsfreedom-industries 107 http://www.businessweek.com/articles/2014-01-30/west-virginia-chemical-spill-mystery-who-runsfreedom-industries

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There are also law suits against relevant government agencies. 108 They are accused of ignoring state laws to protect water supplies.

Freedom Spill Bankrupt History Key names


W Va Freedom Industries home web site.109 They experienced the MCHM/PPH chemical spill which led to this disaster for the water supply. MCHM is one of 64,000 US chemicals grandfathered in to the 1976 Toxic Substances Control Act (TSCA), meaning there are no requirements that anyone prove whether or not they are safe.110 1991 the last time Freedom Industries had an environmental inspection, prior to the current crisis.111 In 2009 an investigation by the New York Times found that hundreds of workplaces in W Va avoided paying state fines for violating pollution laws.112 3 years before the Jan-9 spill discovery, a team of experts with the U.S. Chemical Safety Board urged the state of West Virginia to help the Kanawha Valley create a new program to prevent hazardous chemical accidents. The proposal was ignored by state officials.113 4 months before the Jan-9 spill discovery, another WV community went on a boil water advisory, and is still in that condition, as of a month after Jan-9. Thats the Alpoca Water Works in Bud WV. Even though the water is only good for flushing toilets, residents of Bud and Alpoca say they have continued to pay monthly bills to the utility company.114 3 months before the Jan-9 spill discovery, Oct 2013, Freedom Industries requested an inspection by Tank Engineering and Management Consultants, which found that the tanks did not meet the standards of the US Chemical Board. "Company documents further show that the wall was not lined and that tank 396 rested directly on porous material including gravel and soil."115 Weeks before the spill, we have now learned, residents of the area had smelled or tasted the odor associated with this chemical. There needs to be public outreach

108

http://www.wvgazette.com/News/201402070095 http://wvrecord.com/news/265872-petition-accuses-dep-dhhr-of-negligence-in-water-crisis 109 http://www.freedom-industries.com/ Warning accessing the site is sluggish, probably because of the high degree of international curiosity about this company. As of Jan-12, I do not see anything on their web site about this incident. I have tried, without success, to copy their info about the nature of their company. Freedom Industries, Inc. P.O. Box 713, Charleston, WV 25323 - Phone (304) 720-8065 - FAX (304) 343-0028 110 http://thinkprogress.org/climate/2014/02/09/3196981/chemical-spill-timeline/ 111 http://www.scientificamerican.com/article/surviving-the-west-virginia-water-crisis/ 112 http://www.scientificamerican.com/article/surviving-the-west-virginia-water-crisis/ http://mobile.nytimes.com/2014/01/13/us/critics-say-chemical-spill-highlights-lax-west-virginiaregulations.html?partner=rss&emc=rss&smid=tw-nytimes&_r=1&referrer= 113 http://thinkprogress.org/climate/2014/02/09/3196981/chemical-spill-timeline/ http://www.wvgazette.com/News/201401120021 114 http://www.businessinsider.com/bud-west-virginia-hasnt-had-drinking-water-in-five-months-2014-1 115 http://www.wvgazette.com/News/201402100021 http://www.charlestondailymail.com/News/201402100008

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so that when people smell something that should not be there, or which is unusual, they know where to report the problem. 9-10 days before the spill, both Freedom Industries, and the facility where the spill was officially discovered Jan-9, changed owners, in a $ 20 million sale.116 Freedom ownership went from Farrell and some other people, to Chemstream, owned by Forrest, who also owned the spill facility, and merged it into Freedom ownership, on Dec-31 Jan-9 was when the MCHM chemical spill was officially discovered. The leaking tank allegedly could hold up to 40,000 gallons. 117 Jan-13, a Kanawha County Circuit Court judge issued a temporary restraining order to preserve evidence at the Freedom Industries' Charleston facility. The order also prohibited the company from modifying in any manner "any structure, tank, equipment, material or condition of" its facility, except as necessary to stop and clean up the chemical spill.118 Jan-15 Freedom is cited again by DEP. Immediately after the spill, DEP had ordered Freedom to remove the chemicals from the spill site, and move them to a safer place. Instead, Freedom had moved them to a less safe place, one which had no containment whatsoever.119 Jan-17 Freedom Industries filed for Chapter 11 bankruptcy120 with US Bankruptcy Court in the Southern District of West Virginia. Jan-21 Freedom Industries revealed that PPH had been with the spilled MCHM.121 We later learn that Freedom knew the PPH was mixed in with the MCHM the same day as the Jan-9 spill was discovered, but withheld that info from environmental agencies.122 Jan-24 Two dozen West Virginia scientists write to the EPA and the CDC, calling on the two agencies to allow their scientists to speak to the press and the public without interference.123 There has been a rush by public officials, who do not know all the facts, to brief the public, before they themselves are fully briefed. Jan-29 Formaldehyde, a known carcinogen, is allegedly found in local water samples. We have no idea how it got there. This may be unrelated, except that the local water was only being tested because of the Freedom spills. There may be all sorts of contaminants there, not found until testing due to a known spill. 124

116

http://bankruptcynews.dowjones.com/article?an=DJFDBR0020140206ea26jt2t4&r=wsjblog&ReturnUrl=ht tp%3a%2f%2fbankruptcynews.dowjones.com%2farticle%3fan%3dDJFDBR0020140206ea26jt2t4%26r%3 dwsjblog 117 As I explain elsewhere, the spilled total could theoretically exceed that. 118 https://en.wikipedia.org/wiki/Freedom_Industries http://www.wvgazette.com/News/201401130058 119 http://thinkprogress.org/climate/2014/02/09/3196981/chemical-spill-timeline/ http://thinkprogress.org/climate/2014/01/15/3167931/freedom-industries-chemical-storage-site/ 120 http://thinkprogress.org/climate/2014/02/07/3264951/freedom-conflict/ 121 http://www.wvgazette.com/News/watercrisis/201401220031 122 http://bigstory.ap.org/article/wva-official-spill-company-knew-2nd-chemical 123 http://blog.ucsusa.org/west-virginia-scientists-to-epa-cdc-allow-your-scientists-to-speak-389 124 http://thinkprogress.org/climate/2014/02/09/3196981/chemical-spill-timeline/ http://www.latimes.com/nation/nationnow/la-na-nn-west-va-chemical-spill-20140129,0,4877251.story

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People, showering in this water, could be breathing it in. Speculation that the formaldehyde might be a break down of MCHM are being disputed. 125 Jan-30-31 was when a second MCHM chemical spill was officially discovered. 126 This involved tens of gallons, which did not make it into the Elk river. January water bills, from the American Water Company of WV, are priced higher than in the past, even though customers got to use less of it, and were promised credits.127 Feb-5 Two schools were dismissed because of the MCHM odor there. A teacher fainted because of it, and several students and employees complained of lightheadedness and burning eyes and noses. 128 Feb-7 WV Press Association members preferred bottled water over tap water. 129 Feb-21 Attorneys for Freedom Industries told the Bankruptcy Court that the costs incurred because of this incident, overwhelm the ability of the company to stay in business, so they will be shutting down. 130

Part of Chemstreams takeover allegedly included $1 million set aside by Freedom. During bankruptcy proceedings, Freedom Industries President Gary Southern has testified that he does not know where that money is.131 This implies the need for an independent accounting audit.132 The law firm representing the company which owns Freedom in the bankruptcy, has an apparent conflict of interest, in that it is also representing a firm which wishes to loan Freedom enough money to survive, a coal producer which may have had a hand in negligence causing the spill, and a person who is both the owner of the company which owns Freedom, and the company offering the loan. We do not know when actions occurred, which led to the spill. Some may have occurred under the old owners, managers. Actors in this confusing potential conflict of interest, and corporate ownership history.133
http://thinkprogress.org/climate/2014/01/29/3222571/west-virginia-formaldehyde/ 125 http://wvmetronews.com/2014/01/29/marshall-scientist-says-formaldehyde-found-in-water-emergencyarea/ 126 http://www.wvgazette.com/News/201401310042 127 http://www.wvgazette.com/News/201401240148 In my opinion, this is utility normal. They have increased costs to pass on to their customers. I was working at a company which lost power, phones, internet, and more, in Midwest flooding, in excess of a month. We got no credit for the lost services, which the utilities said were an act of God. Well God does not make the levies which failed, nor build the utility delivery infrastructure, which is vulnerable to flooding. This is man made stuff, as is global warming, which increases moisture in our atmosphere and rivers. 128 http://thinkprogress.org/climate/2014/02/09/3196981/chemical-spill-timeline/ http://www.wvgazette.com/News/201402050029 129 http://www.charlestondailymail.com/News/statehouse/201402060150 130 http://www.wsaz.com/news/charlestonnews/headlines/Freedom-Industries-to-Cease-Operations246564071.html 131 http://thinkprogress.org/climate/2014/02/07/3264951/freedom-conflict/ 132 Also see Inventory Tracking. 133 http://thinkprogress.org/climate/2014/02/07/3264951/freedom-conflict/

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Barth & Thompson = law firm to represent Freedom in any cases which would be a conflict of interest for McGuire Woods Chemstream Holdings, Inc.134 = company that acquired Freedom Industries a few days before the spill, has identical address as Rosebud Crete Technologies = one of the companies which merged with Freedom, 2013 Dec see Forrest Diversified Services = company hired to clean up Freedom 2014 Jan 9 spill, which then triggered another MCHM spill, on Jan-30 Etowah River Terminal = one of the companies which merged with Freedom, 2013 Dec, and this place was the site of chemical spills officially discovered 2014 Jan-9 and Jan-30 see Forrest o Etowah had owned the facility which had the leak, prior to Freedom getting it 2013 Dec, thanks to Forrest Farrell, Dennis = took over Freedom in 2006, when Kennedy, its founder, went to prison, then it ran into the ground until a 2009 federal antirecession stimulus o 2013 Dec he sold Freedom to Forrest o 2014 Jan-9, when DEP inspectors arrived on scene, they met this guy, who identified himself as the President of the company. If that was a true statement, then the company had two presidents Farrell and Southern. Forrest, Clifford = owns or controls Chemstream; Lodge at Glendorn; Mountaineer Funding, Rosebud, and WV Funding. o 2013 Dec. 6, Forrest, operating via Chemstream, agreed to pay $20 million to buy Freedom from three ownersFarrell and two other men o 2013 Dec. 31, Forrest merged Freedom with three smaller companies Freedom Industries = company with the chemical spill, which contaminated W Va water supply, owned by Chemstream, owned by Forrest o relies heavily on coal company clients for its $30 million in annual revenue o 1986 = company started, by Kennedy and Southern o 1992 = company incorporated o In 2006, the year that founder Kennedy went to prison, it failed to file an annual report, so its state business license was revoked it reorganized, got license again, tried to sue Kennedy for allegedly misappropriated

http://www.charlestondailymail.com/News/statehouse/201402060152 https://en.wikipedia.org/wiki/Freedom_Industries http://blogs.wsj.com/bankruptcy/2014/02/07/the-daily-docket-watchdog-looks-to-investigate-freedomlawyers/ http://www.businessweek.com/articles/2014-01-30/west-virginia-chemical-spill-mystery-who-runsfreedom-industries http://www.businessweek.com/articles/2014-02-03/freedom-industries-hotline-call-misstated-extent-anddanger-of-spill http://wvrecord.com/news/265514-breaking-down-freedom-industries-bankruptcy http://www.wvgazette.com/News/201401130118 http://www.wvgazette.com/Opinion/OpEdCommentaries/201402070087 http://www.washingtonpost.com/business/economy/new-owner-of-freedom-industries-must-face-falloutof-west-virginia-chemical-spill/2014/01/17/77b1a572-7df2-11e3-93c1-0e888170b723_story.html 134 http://www.chemstream.com/

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135

funds Kennedy, who had filed for bankruptcy, counter-sued over the value of his 45% interest in the company, for which Freedom paid him $ 800,000 o In 2009, silt build-up had made it impossible for barges to get to its Elk river terminal, but the U.S. Army Corps of Engineers came to the rescue, with $400,000 in federal stimulus money o 2013 Dec the company was sold to Forrest o 2014 Jan-9 the leak was discovered, which contaminated W Va water as indicated elsewhere, it is unknown when the leak actually started Kennedy II, Carl = originally founded Freedom Industries in 1986, has also been convicted of: o siphoning $ 1 million payroll tax withholdings, of Freedom employees, to splurge on sports cars, a private plane, and real estate in the Bahamas o evaded personal taxes of $ million o conspiring to sell cocaine in a scandal which brought down Roark, when he was mayor of Charleston Kennedy, Kathy Stover is Carl Kennedys ex -wife and now Farrells girl friend her Facebook page, since deleted, tried to defend these people Mazefsky, Matthew = Freedom's corporate secretary, formerly worked as an associate at McGuire Woods McGuire Woods LLP = law firm representing: Chemstream; Forrest; Rosebud; WV Funding. Mountaineer Funding would loan Freedom $ 5 million, if Pearson gives permission, but Pearson said some of that money would not go directly to Freedom, but would instead be held for the creditors. See Forrest. o Mountaineer was incorporated Jan-17, the same day Freedom filed for bankruptcy. Pearson, Ronald = U.S. Bankruptcy Judge Pennzoil previously owned the facility where the leak occurred, having operated the site from 1913. Poca Blending = one of the companies which merged with Freedom, 2013 Dec see Forrest Reynolds, Bob = Freedom Industries employee who phoned the state hot line,135 mid-day Jan-9 to report the spill, and in the process made some false statements. o The substance being released isnt toxic or hazardous and isnt escaping into the Elk River. o A containment wall has blocked the spill from spreading, he adds. o Both statements were incorrect. o During the call, Laverne asks Reynolds for the full name of the chemical thats escaping. He has to look it up. Its 4 -methylcyclohexane methanol. Roark, James Mad Dog = Charleston Mayor convicted for cocaine possession see Kennedy Robbins, Judy A. = U.S. Department of Justice bankruptcy trustee

http://www.dhsem.wv.gov/Documents/Spill%20report.pdf

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Rosebud Mining = third-largest coal producer in Pennsylvania, has the identical address as Chemstream, both owned or controlled by Forrest Southern, Gary = President of Freedom Industries, since 2013 before that he was advising the company see Farrell, but Southern also co-founded it with Kennedy. WV Funding LLC = company that might be loaning Freedom Industries money to pull it out of bankruptcy, see Forrest

Some of topic came up in the US Senate Hearing 2014 Feb. Theres another section of these notes on that hearing. Missing from the news stories, which I have seen so far, is the liability of whatever company136 sold Freedom Industries a few days before the spill. I happen to know, because I have worked for companies which got sold while I was working there, that there is a grace period after a sale for the buyer to discover things not disclosed in the sale, and a statute of limitations, which was 5 years where I worked. This meant that within that time frame, if the new owner discovered problems that should have been revealed during the sale, then the cost of remediation of those new problems can be transferred to the old owners. So it should be important to reveal whether this is true in W Va, what that grace period or statute of limitations is, and what organization or persons were former owner(s) within that time frame. There could have been multiple relevant sales. Former employees will need to give depositions regarding who knew what when.

Government Agency Inspection Key names


Containment and Remediation of the Chemical Spill, and its impact upon the Water supply, has involved multiple government agencies. Similarly, there are criminal investigators. In aggregate, so far they involve: Kanawha County inspectors US Attorneys office has launched a criminal investigation .137 US CDC = Centers for Disease Control US Chemical Safety Board US Coast Guard US EPA = Environmental Protection Agency US DHS = Dept of Homeland Security US FEMA = Federal Emergency Management Agency W Va the state of West Virginia is investigating this situation W Va DEP = Dept of Environmental Protection: Inspectors; Emergency Response Unit W VA DHHR = Dept of Health and Human Resources
136 137

See Farrell, in above list of actors. http://www.justice.gov/usao/wvs/press_releases/Jan2014/attachments/011014Goodwin-chemicalrelease-statement.html

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W Va Homeland Security and Emergency Management Department W Va National Guard

Here is an update 2014 Feb-5 from the governor of W Va, and the various federal state and local government agencies which have been addressing this crisis. 138 Science suggests the water is now safe. But testing will continue. A clean environment and economic growth is not an either or proposition.

W Va Jan-9 + disaster discovery & investigation


Investigations of the chemical spill have begun. 139 Details continue to trickle out, via the news media, with different people being quoted with different conflicting stories. Environmental inspectors discovered the leak Jan-9 in late morning. They found:140 a 400-square-foot pool of clear liquid had collected outside a white tank marked as number 396. Pressure from the material leaking out of the tank 396 created what DEP officials called an "up-swelling," or an artesian well, like a fountain of chemical coming up from the pool. a 4-foot wide stream of the liquid -- thicker than water, but not as heavy as syrup -- was flowing across the bottom of a containment dike. The flow disappeared right at the joint where the dike's wall connected to its floor. Freedom Industries had set up one cinder block and used one 50-pound bag of some sort of safety absorbent powder to try to block the chemical flow, state Department of Environmental Protection inspectors say. "This was a Band-Aid approach," said DEP air quality inspector Mike Kolb. "It was apparent that this was not an event that had just happened."

Government inspection agencies claim they were not told about the latest leak until the morning of the same day when they found it.141 Supposedly within an hour of the inspectors locating the leak, the water company had been informed. 6 hours later, the Governor announced the ban on drinking that water.142

138

http://www.governor.wv.gov/media/pressreleases/2014/Pages/Governor-Tomblin-Joins-U.S.-CDC,U.S.-EPA,-State-Agencies-and-Departments-to-Provide-Update-on-Elk-River-Spill.aspx 139 http://www.justice.gov/usao/wvs/meetattorney.html 140 http://www.wvgazette.com/News/201401130118 141 http://www.businessweek.com/articles/2014-01-30/west-virginia-chemical-spill-mystery-who-runsfreedom-industries Also see Huffman testimony to US Senate 2014 Feb hearing. For earlier leak smell reports, see Freedom Bankruptcy History chapter. 142 http://www.businessweek.com/articles/2014-01-30/west-virginia-chemical-spill-mystery-who-runsfreedom-industries

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Gary Southern, president of Freedom Industries,143 which owns the storage tank where the chemical leak came from,144 said in a statement that the company was working to determine how much of the chemical had actually spilled.145 Initial estimates were 2,000 to 5,000 gallons. The company also is working to contain the leak to prevent additional contamination, Mr. Southern told The Associated Press. 146 Government statements of estimated leak have gone: 2,000; 5,000; 7,500; 10,000 gallons. The water had not even been out for 24 hours, and Freedom Industries already received criminal threats in relation to the incident.147 The WVA Dept of Environmental Protection (DEP) cited Freedom Industries for violating both the state's Air Pollution Control Act and the Water Pollution Control Act.148 DEP officials began an investigation after receiving odor complaints from nearby residents starting at about 8:15 a.m.149 Both DEP officials and Kanawha County emergency officials traced the odors to Freedom Industries, which had not self-reported any sort of leak or accident, officials said. Freedom Industries President Gary Southern said two Freedom employees noticed material leaking from a storage tank into a dike around 10:30 a.m. Thursday Jan-9.150 They contacted authorities and began the cleanup process -- including hauling away the chemical still in the tank and vacuuming up some from the nearby ground, he said. 151 Authorities have listened to a recording of this notification by the Freedom Industries employee notification to the hot line, and have found multiple false statements there.152 The timing of the call was after government inspectors were on site.

C.W. Sigman, deputy emergency manager for Kanawha County, said it didn't appear
the company was in emergency mode when his team began to arrive Thursday Jan-9. "They didn't appear to understand the magnitude of the incident at the time, and we didn't either because we just got there," he said, adding that investigators from W Va

143

Southern got the job of President in 2013, but when inspectors arrived at the site 2014 Jan-9, Farrell was there, and he identified himself as President of the company. Is it legal for a company to have more than one President, or were they Presidents of different divisions of the conglomerate? 144 Prior to Dec-31 the storage tank had a different owner. 145 http://www.wtrf.com/story/24417611/company-working-to-determine-size-of-wva-spill 146 http://www.nytimes.com/2014/01/11/us/west-virginia-chemical-spill.html?hpw&rref=us&_r=0 147 http://www.charlestondailymail.com/News/201401100053 148 http://www.wvgazette.com/News/201401100100 149 It is not clear from the articles, which I have read so far, on which day this is referring to. That particular article was published Jan-10 to the Charleston Gazette web site. http://www.wvgazette.com/ However, from context of other stories, I think they are referring to Thurs Jan-9 morning. 150 Gov inspectors contradict this version of reality, 151 http://www.cnn.com/2014/01/12/us/west-virginia-contaminated-water/ 152 http://www.businessweek.com/articles/2014-02-03/freedom-industries-hotline-call-misstated-extentand-danger-of-spill

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Environmental Protection Agency (DEP) had also arrived and took the lead in the investigation.153 Officials dont know when the disaster began, they only found out Jan -9 evening, that there was a problem with the tap water supply, thanks to this chemical spill into the river, reaching levels of contamination strong enough for people to detect an odor and complain about it.154 The West Virginia National Guard has been running hourly tests on the chemical's concentration since Thursday Jan-9 night. A safe level is 1 part per million. The level has dropped from 2 to 1.7 parts per million , said Maj. Gen. James A. Hoyer, Adjutant General of West Virginia.155 Four laboratories have been established to measure the contamination levels in a uniform manner,156 but the authorities do not yet have a consistent system to capture samples from the spill site, river, or the miles of pipes containing tap water which has been contaminated for they have no idea how long, or how to uncontaminate it. Jan-10 I posted initial info, which I had on the investigation, but have updated what is here since I did that posting.157

Jan-10+ Crisis Management


State environmental officials ordered the company late Friday Jan-10 to start removing chemicals from its 14 above-ground storage tanks within 24 hours. Authorities said the chemicals must be stored somewhere that has a working containment system. The first place they moved the chemicals to, had no containment system, broken or not. So they were ordered to move them again. Within a day, the company must also submit a corrective action plan that includes steps to clean up contaminated soil and groundwater.158
Odor Complaints for Etowah Terminal Freedom Industries Order No. 8028 Etowah Cease and Desist Order Inspection Report and Violations for Poca Blending Site Visit and Inspection Reports for Etowah Terminal CEI 1990 CEI 1991 CEI 1999
153 154

http://www.cnn.com/2014/01/12/us/west-virginia-contaminated-water/

http://www.salon.com/2014/01/10/little_is_known_about_the_chemical_contaminating_west_virginias_tap _water/ http://www.cnn.com/2014/01/12/us/west-virginia-contaminated-water/ 155 http://abcnews.go.com/US/wireStory/wva-gov-declares-emergency-chem-spill-21481911?page=2 156 http://www.cnn.com/2014/01/12/us/west-virginia-contaminated-water/ 157 https://plus.google.com/u/0/108007903544513887227/posts/j9NBhVLGPaF 158 http://www.seattlepi.com/news/science/article/W-Va-chemical-spill-declared-federal-disaster5130405.php

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CEI 2002 Notice of Violation to Freedom Industries Air Quality Inspection in 2012 for Etowah Terminal Air Quality Inspection in 2009 for Etowah Terminal Air Quality Inspection in 2005 for Etowah Terminal DEP Order to Freedom Industries on Jan 22 Freedom Response to DEP Order 8033 Dismantle Consent Order on January 24 159 Freedom Industries Revises Estimate of Spill

Freedom said it had 110,375 gallons of Crude MCHM/PPD blend in three tanks on Jan. 8 at its Elk River facility. We dont know when the leak began, so we dont know if any of this had leaked prior to this count. We dont know how they got this count. Do they look at the level in the tanks, and know how much the tanks can hold? How accurate is that measuring process? Do they look at how much was purchased, sold, keep a running count of how much should be in inventory. How accurate are the quantities involved in those transactions? After they were ordered to move the MCHM from this facility, they did so, and measured how much they moved. Freedom said it measured the MCHM/PPH blend that was being stored in six tanks at Poca Blending on Jan. 21 and determined there was 100,233 gallons in the six tanks. So 10,142 gallons went missing between Jan-8 and Jan-21, which was the basis of their estimate.
DEP Spill Hotline Report from Freedom Industries Freedom Response Letter on January 23 Freedom Industries General Water Pollution Control Permit Stormwater Pollution Prevention Plan for Etowah River Terminal DEP Spill Hotline Audio from Freedom Industries 160 More Links @ WV DEP

In response to orders from state officials, Freedom moved its MCHM supply from the Elk River facility to its location in Nitro. After the MCHM had been transferred, though, state environmental authorities cited the Nitro operation for five fresh violations. The most urgent related to the absence of a secondary containment wall an ominous reminder of the apparent failure of the aging cement wall on the Elk River.161

159

http://www.dhsem.wv.gov/Documents/Freedom%20revises%20estimate.pdf The revised number was included in response to a previous West Virginia Department of Environmental Protection (DEP) Order that required Freedom Industries to provide the methodology it was using to determine the quantity of the chemicals released. 160 http://www.dhsem.wv.gov/Pages/WV-American-Water-Emergency.aspx 161 http://www.businessweek.com/articles/2014-01-30/west-virginia-chemical-spill-mystery-who-runsfreedom-industries

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An investigative team from the U.S. Chemical Safety Board on Saturday Jan-11 deployed to the scene of the spill. The CSB is an independent federal agency charged with investigating industrial chemical accidents. 162 Representatives of the various agencies met Sunday Jan-12 to evaluate results so far.163 Leak estimate is up from 5,000 to 7,500 gallons. No one knows when the leaking started peoples tap water may have been contaminated for months, since the leak was not detected until it was so bad that people complained about the smell. The leak had come from a one inch hole in an antique storage tank which the company had planned to upgrade.164

Local reaction flawed


Andrew Whelton, an assistant professor in the Department of Civil Engineering at the University of South Alabama, and a team of his graduate students, had been studying the risk of a disaster scenario: the consequences of a spill that could contaminate the citys water supply. They knew what should be done, because they had studied the scenario. They arrived here and found that the citizenry was being given bad advice by local authorities.165 One of the recommendations was to turn on the hot water taps and run them for 15 minutes, which, the professor said, caused the chemical in the water to evaporate into the air inside homes at a more rapid pace than from cold water. Many citizens werent doing the flushing at all, leaving the chemical sitting in stagnant water in plumbing systems and raising the possibility that the chemical will leach into plastic pipes, making cleanup more difficult. Working with the governors office, Whelton and his gradu ate students refined the instructions, advising citizens to shut off their hot water heaters before flushing; to open all doors and windows while the water was running; and to take children out of the house during the process. Until his team was on site, none of this guidance was provided to them, he said. Homeowners with septic tanks werent given valid instructions, either, he said. Whelton also described the crisis of confidence that comes with a manmade disaster, in which people are increasingly reluctant to believe public officials who say the water is
162 163

http://www.cnn.com/2014/01/12/us/west-virginia-contaminated-water/ http://www.cnn.com/2014/01/12/us/west-virginia-contaminated-water/ 164 One report claimed the upgrade was scheduled for so far in the future that the tank would have had multiple leaks before then. 165 http://blog.al.com/live/2014/01/usa_professor_grad_students_he.html http://www.southce.org/ajwhelton/

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now safe to drink and use. His team met people who were buying storage containers from Target and filling them with tap water to bathe their children or dishes. Whelton said the Charleston contamination was similar to cases in 1993 in Milwaukee and in 1980 in Pittsburg.

Unknowns before Investigation


News stories are reporting that there is a lot which is not known by officials, and the companies involved.166 Also, I have questions, where I am not seeing answers, let alone intelligent discussion, in the news media, or government statements thus far. Freedom Industries, which had the chemical spill, had informed the state environmental agency February 2013 that it was storing 10 different dangerous chemicals.167 At that time, it informed authorities that it was storing between 100,000 and 999,999 pounds of 4-methylcyclohexane methanol, known as MCMH, which it described as having immediate (acute) health hazards, the Wall Street Journal reports.168 No one knows when the chemical spill started. It was discovered because of people complaining about the smell. The responsible company did not know they had a problem until environmental inspectors came sniffing around. No one knows how much contamination got into the water supply pipelines before the discovery of the problem. No one knows how long it will take to clean the contamination out of the water supply pipelines.

Mike Dorsey, chief of the W Va Department of Environmental Protection (DEP)'s


Homeland Security and Emergency Response group, speculated that the chemical, which smells like licorice, did not start leaking long before Thursday morning, when it was reported. "We would have gotten odor complaints earlier than that if it had been going on longer," he said.169 He is assuming that the leak has been at about the same rate all along, at an intensity comparable to what it was when they finally discovered it, and that witness complaints were rapidly responded to by relevant agencies. There is no standard method for measuring toxicity of this stuff in the river or elsewhere, although the National Guard, and environmental inspectors are doing the best they can. The chemical may have leached into the soil. No one knows the consequences of that.
166 167

http://thinkprogress.org/climate/2014/01/10/3147131/6-terrifying-facts-west-virginia-spill/ http://nation.time.com/2014/01/12/west-virginia-authorities-knew-hazardous-chemicals-were-stored-atpollution-site/
168

http://online.wsj.com/news/articles/SB10001424052702303848104579315573588327770?mod=WSJ_myy ahoo_module&mg=reno64wsj&url=http%3A%2F%2Fonline.wsj.com%2Farticle%2FSB100014240527023038481045793155735883 27770.html%3Fmod%3DWSJ_myyahoo_module 169 http://www.cnn.com/2014/01/12/us/west-virginia-contaminated-water/

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Inventory Tracking Systems


One thing we do not yet know, as of a week after the crisis was discovered, is the process for refilling storage tanks. We know from some pipeline oil spills, that when the companies discovered the pressure in the pipeline had diminished, they just put more oil into the leak supply line. So one question is, does Freedom Industries have a system for tracking their inventory, or when they see that the level in the storage tanks have dropped, do they refill the supply, which might be leaking and they dont know it? If I had any say in the investigation, I would order an audit of the companys inventory tracking systems.170 There should be a record of how much of the chemical they receive from various suppliers, how much they ship to various customers, whether they make any on-site, from what ingredients which can be similarly tracked. Do they hold an annual physical inventory count, and how is that audited? How accurate have those counts been? Do not limit accuracy to financial value. Also look at actual quantity counts. From this is another way to estimate volume which has leaked, and how much credibility to give any statements by the company. Is there an industry standard for quality of inventory counts? The tank, which they know leaked, can hold up to 40,000 gallons, so investigators are assuming no more than that was in the leak. Until they have a competent inspection of the companys inventory control system, they have no way of knowing whether the company handled this leak like pipelines: 1. There is a leak. There may or may not be warning systems to tell the company about the leak, but the company personnel are oblivious to them. 2. Because of the leak, the pressure in the pipeline, or the altitude of what is in there, as seen from the top of the tank has fallen, so they put more in. 3. The leak is discovered because of the damage it causes when it has come out in significant volume. 4. The actual total, which leaked, could be several multiples of the 40,000 depending on the companys systems for refilling a tank, without getting suspicious. According to Department of Environmental Protection officials, Freedom Industries is exempt from DEP inspections and permitting since it stores chemicals, and doesn't produce them.171 In my opinion, they cannot be sure of that without a good quality audit. Company officials can SAY anything. What, the company REALLY does, is a whole other topic. Jan-12 I posted my opinion on the need for an audit of Freedom Industries Inventory Tracking System to G+.172

170 171

Also see $ 1 million missing in bankruptcy history. http://www.telegram.com/article/20140112/APA/301129866 172 https://plus.google.com/u/0/108007903544513887227/posts/TtzTS3Hvspf

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Federal Grand Jury


A federal grand jury has been convened to consider this spill.173 Subpoenas have been issued for this criminal investigation. We normally do not hear results of a grand jury, until they vote on indictments, except for accidental leaks like with a Pennsylvania University pedophile scandal.

Government Hearings into whats known so far


The full investigations will take months, if not years, to report back. Meanwhile, with the news still fresh in everyones minds, legislative bra nches of government are holding some hearings to review the facts, and what actions if any are needed at their level. This addresses oversight, support for regulations enforcement, and whether any new funding or legislation is needed.

US House Charleston W Va
The US House of Representatives Transportation and Infrastructure Committee174 met 9 am Mon Feb-10 in Charleston, at Kanawha County Courthouse, for this hearing175 organized by Rep. Shelley Moore Capito , and Rep. Nick Rahall, D-W.Va., who invited 8 people to the hearing. All but one replied that they are coming, except nothing has been heard from Freedoms latest President, Gary Southern. 176 The committee has 60 members, but the news media reports that only 4 of them showed up to this hearing.177 Sometimes politicians show up to meetings, where they think it is important that their constituents see their participation. This would indicate that most representatives to Congress, from states other than W Va feel that this topic is not important for their future re-election, except when the disaster occurred in the state which elected them. I was hoping that I would see this on C-Span, and have access to statements by the various experts. It was shown on TV local to W Va affected residents, including WOWKTV.com, and WSAZ.com.178 There were also many stories about it in news media near Charleston.179
173

http://www.csmonitor.com/Media/Content/2014/0204/0204-chemical-spill-investigation-video http://www.cnn.com/2014/02/04/justice/west-virginia-chemical-spill-grand-jury/ 174 http://transportation.house.gov/ 175 http://transportation.house.gov/calendar/eventsingle.aspx?EventID=368180 http://transportation.house.gov/news/documentsingle.aspx?DocumentID=369157 http://transportation.house.gov/uploadedfiles/2014-02-10-full_committee_ssm.pdf I downloaded the 7 page PTF into a House sub-folder of my CI Boom collection, naming my copy House Transport Summary 2014 Feb 176 Elsewhere there is suspicion that Freedom has had two Presidents, at the same time: Farrell who was part owner, sold the company in Dec 2013. He was there 2014 Jan-9 and informed government inspectors, that at that time, he was the President of the company. The web site has not been updated, still shows Farrell as President. Southern, who was hired as President of the company, starting in 2013. 177 http://www.charlestondailymail.com/News/201402100008 178 http://www.wsaz.com/news/headlines/Congressional-Hearing-on-Chemical-Leak-in-Charleston244691801.html

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Panel I = US Senator Joe Manchin (D W Va)180 Panel II invited 8 people, including unconfirmed Gary Southern. Confirmed seven are:181 Gordon Merry, director of the Cabell County182 Office of Emergency Services; 183 Dale Petry, director of Kanawha County Homeland Security and Emergency Management;184 Jimmy Gianato, W Va Division of Homeland Security and Emergency Management director; Mike Dorsey of the state Department of Environmental Protection (DEP);185 Dr. Letitia E. Tierney, state health officer and commissioner of the Bureau for Public Health; Rafael Moure-Eraso, chairman of the U.S Chemical Safety Board; West Virginia American Water Co. President Jeff McIntyre. Chairman Bill Shuster (R-PA) prepared remarks for the start of the hearing.186 CSB Chairperson Rafael Moure-Eraso testified they've found two holes, one 19 centimeters and another at 10 centimeters.187 He also says there appears to be very obvious corrosion of the tank. The board is investigating how that corrosion happened. The CSB Chairman also testified that it has determined that the secondary containment wall - which was composed of cinder blocks and surrounded tank 396 - provided very little protection from a possible release. Company documents further show that the wall was not lined and that tank 396 rested directly on porous material including gravel and soil.188 An expert from West Virginia University said, given a one-inch hole and that quantity of chemicals, the tank must have been leaking for at least 20 hours. A smaller hole would

http://www.wowktv.com/story/24676134/congressional-hearing-on-wv-water-crisis-live-monday-onwowk-13-news-will-live-stream-on-wowktvcom 179 http://www.wowktv.com/story/24680395/lawmakers-open-congressional-field-hearing-on-chemicalspill 180 http://www.manchin.senate.gov/public/index.cfm/issues https://en.wikipedia.org/wiki/Joe_Manchin 181 http://www.charlestondailymail.com/News/201402060106 182 http://www.ccerc911.org/ 183 http://www.cabellcountyoes.org/ 184 http://www.kanawha.us/oem/ 185 http://www.dep.wv.gov/Pages/default.aspx 186 http://transportation.house.gov/news/documentsingle.aspx?DocumentID=369399 187 http://www.charlestondailymail.com/News/201402100008 188 http://www.wsaz.com/news/headlines/Congressional-Hearing-on-Chemical-Leak-in-Charleston244691801.html

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increase the amount of time it was leaking, he said, adding that it could have leaked for "months."189 We do not yet know if there were additional leaks, which had been patched. There are a lot of unknowns until investigators share info extracted from what the company personnel knew, if we ever hear that info. West Virginia American Water Co. published a full-page advertisement, citing experts who said the water is safe, but a U.S. senator and the head of the U.S. Chemical Safety Board sharply disagree with that assessment.190 U.S. Sen. Jay Rockefeller released a statement following a congressional field hearing conducted on the water crisis in Charleston, saying we have learned the hard way that it is dangerous to simply rely on industry to do the right thing.191

US Chemical Safety Board testimony


Here, on the Chemical Safety Board web site (CSB),192 is the testimony of Rafael MoureEraso, chairman of the U.S Chemical Safety Board, to the US House of Representatives Transportation and Infrastructure Committee field hearing in Charleston, Feb-10, 2014.193 The chemical industry plays an important role in our economy, but it handles chemicals which are dangerous to people who live and work in the vicinity. CSB has 41 employees, of whom currently 4 are investigating this incident. Following earlier investigations in the Kanawha Valley, we made recommendations to enhance safety, based on a similar situation in Californias Contra Costa county, which has an equally dense industrial chemical base. There, safety and the environment have both been dramatically improved, with no loss of jobs, or harm to the business community. WV State and local authorities informed CSB that due to a number of reasons, including funding, they did nothing about this. CSB preliminary findings are that there is a gap in regulatory oversight of above ground storage tanks. The tanks, at Freedom Industries, were over century old. Emergency responders, local officials, regulators and public utilities must be provided the proper information in order to protect the community from potential risks.

189 190

http://www.charlestondailymail.com/News/201402100008?page=2&build=cache http://www.wchstv.com/newsroom/eyewitness/140210_23100.shtml 191 http://www.wchstv.com/newsroom/eyewitness/140210_23104.shtml 192 http://www.csb.gov/ 193 http://www.csb.gov/csb-testimony-from-transportation-and-infrastructure-field-hearing-on-charlestonwv-chemical-spill/

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US Senate Safety of Drinking Water in W Va


This hearing was by the Water and Wildlife subcommittee within the committee on Environment and Public Works. It was held 2014 Tues Feb 4 morning, most of which I watched on C-Span late nite Feb-5. The first panel had 4 elected democratic leaders from the state of W Va. The second panel had 7 people from a spectrum of local government, water industry, chemical industry, and others.194 Below are links to the prepared statements of each of these people.195 They made opening remarks summaries, and also volunteered info in Q+A with the Senators. The hearing went fast. My notes failed to identify exactly who in which Q+A. The Honorable Natalie E. Tennant Secretary of State West Virginia196 The Honorable Randy C. Huffman Cabinet Secretary West Virginia Department of Environmental Protection197 Mr. Erik D. Olson Senior Strategic Director for Health and Food Natural Resources Defense Council198 Mr. Brent Fewell Vice President of Environmental Compliance United Water199 Mr. Michael W. McNulty General Manager, Putnam Public Service District West Virginia200 Mr. Richard O. Faulk Partner Hollingsworth, LLP201 Mr. R. Peter Weaver Vice President of Government Affairs International Liquid Terminals Association202
194

http://www.epw.senate.gov/public/index.cfm?FuseAction=Hearings.Hearing&Hearing_ID=8ccdaff7cdc6-8a6f-ca6e-a7017498083c 195 I downloaded these to a folder: STUDIES / DISASTERS / CI BOOM / SENATE 2014 FEB I named them: US Senate 2014 Feb then the name or title of the person providing the info. 196 I downloaded this 5 page 75k statement, calling it: US Senate 2014 Feb Tennant SS (SS = Secretary of State). This is dynamite, and it does not have copyright restriction against upload. Her web site is www.wvsos.com 197 I downloaded this 5 page 40k statement, calling it: US Senate 2014 Feb Huffman DEP. 198 I downloaded this 10 page 140k statement, calling it: US Senate 2014 Feb Olson NRDC. 199 I downloaded this 7 page 75k statement, calling it: US Senate 2014 Feb Fewell UW. 200 I downloaded this 7 page 825k statement, calling it: US Senate 2014 Feb McNulty Rural Water. 201 I downloaded this 8 page 165k statement, calling it: US Senate 2014 Feb Faulk Law.

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W Va Secty of State Tennant


See above for link to her written testimony to the US Senate hearing. I advise other people to download and read this powerful testimony about W Va challenges. West Virginians need answers now, because they have been bombarded with conflicting stories. Jan-31 reports show MCHM is still detectable in the water supplies of at least five W Va schools. I have not seen the details, so I do not know if the schools failed to take the actions which are supposed to be done by every water customer. That same week, there was a town hall meeting, where multiple people exhibited symptoms associated with the water contamination. She wants a long term study started to monitor the long term health of the victims, since the relevant medical authorities have yet to receive any authoritative scientific information about this. W Va economy cannot recover so long as there is this huge uncertainty. She thanks various institutions for the help they have provided to W Va people and businesses. She asks the CDC for something, most of which, FEMA had already published. Maybe I should write her with those details. It is also possible she is inexperienced in the chaos which accompanies any disaster.203 Assuming I upload this to Scribd : 10 Tags Water, man made disaster, W Va, safety standards missing, MCMH, Charleston, Kanawha, CDC, medical health, economy, 2014 Jan 9, a chemical spill was identified which contaminated the water supply for a huge chunk of West Virginia. Here, the Secretary of State of W Va testifies to the US Senate regarding continuing problems, thanks to this disaster.

W Va Rural Water McNulty


See above for link to his written testimony to the US Senate hearing, which has no copyright restriction & thus Ok to upload. It is as powerful as that of the Secty of State, and shares some info we did not have earlier. This is another water system in W Va, which seems to have contamination insurance where their system would not have experienced the problems of the one in the news. They have prevention measures which go beyond anything required by laws or regulations. He talks about how different the water companies are around the nation, where one size fits regulation would not work.

202 203

I downloaded this 6 page 142k statement, calling it: US Senate 2014 Feb Weaver ILTA. The notes I remember, are called Chaos Venting, in my DISASTERS collection, and I have not yet uploaded them to any of my cloud collections.

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Six essential policy principles needed to promote effective protection plans include: 1. Recognition that the best plan is the one that was developed by the local officials who know their particular vulnerabilities; 2. recognition that local responsibility for protecting local resources is more effective than additional mandates; 3. acknowledging existing agreements resolving land-use or zoning conflicts within local government jurisdictions; 4. providing federal resources, expertise, and education - including publicly identifying inadequate plans to the public and local governments; 5. public disclosure of all potential sources of contamination to allow the public and governments to prepare for or regulate them; 6. and constant vigilance of the local communities and governments that depend on the water source to identify new threats and improve protection. Assuming I upload this to Scribd : 8 Tags Water, man made disaster, W Va, safety standards, Charleston, fracking, watersheds, contamination, 2014 Jan 9, a chemical spill was identified which contaminated the water supply for a huge chunk of West Virginia. Here, a water company near the one in the disaster, testifies to the US Senate on how to prevent water contamination. The statement is well crafted, with great illustrations.

NRDC Olson
See above for link to his written testimony to the US Senate hearing, which has no copyright restriction & thus Ok to upload. He reviews laws and regulations which now exist, and those being considered, explaining needs for improvements, and risks of messing things up. Theres lots of good info about existing problems. NRDC = National Resources Defense Council.

W Va DEP Secty Huffman


See above for link to his written testimony to the US Senate hearing, which has no copyright restriction & thus Ok to upload. It is not as powerful as that of the Secty of State, but it does share some info we did not have earlier. Also it has acronyms not explained in context. Here are some translations: AST = Above ground storage tanks CERCLA = DEP = (W Va) dept of Environmental Protection EPA = (US) Environmental Protection Agency NPDES = National Pollution Discharge and Elimination System 54 Critical Infrastructure disaster 2014 Jan 9 W Va Water
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TSCA = Toxic Substances Control Act UST = under ground storage tanks

2/25/2014 4:37:40 PM

New stuff in the statement includes: DEP did not hear anything about the problem until Jan-9 when (1) someone called in an odor complaint that day (2) mid-day an employee of the facility called in about the leak What DEP did, found, and told the company Some statistics about chemicals What the W Va legislature is up to

National Water Fewell


See above for link to his written testimony to the US Senate hearing, which has no copyright restriction & thus Ok to upload. It has lots of useful info we did not have earlier. Assuming I upload this to Scribd : 8 Tags W Va, water, chemical spill, man made accidents, NAWC, Charleston, environmental laws, watershed early warning system, 2014 Jan 9, a chemical spill was identified which contaminated the water supply for a huge chunk of West Virginia. Here, a national water association shares info about the industry, and what needs to be done in the wake of this disaster. History perspective of the role of drinking water providers. This incident, most importantly, is an issue of spill prevention, and protecting sources of water. Second, the water industry needs better and more specific data to identify and prepare for upstream risks. Chemicals, upstream of a water supply, can be released to contaminate it. So the water companies must be informed about those chemicals: how to detect them; specific nature of toxicity. Provided the water utility has proper info on chemicals posing health risks, it can have alarms go off automatically when any of those chemicals are detected. If a leak occurs, water company must be notified immediately. There are laws which require notification to federal and state environmental authorities. These could be amended to also get the info to relevant utilities. The notification system needs to recognize whats economically practical. It does no good to dump reams of paper and data onto companies with a slim profit margin.

ILTA Weaver
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ILTA = International Liquid Terminals Association They have approx 80 member companies operating approx 800 terminals in the USA. Freedom Industries is not one of their member companies. Like many companies, ILTA members are covered by a comprehensive set of rigorously enforced regulations. They list and describe some of them. In addition there are industry standards and best practices.

Environmental Lawyer Faulk


See above for link to his written testimony to the US Senate hearing, which has no copyright restriction & thus Ok to upload. He basically argues that it is premature in the investigation process, to enact new laws or regulations because of this incident. This problem happened because: The initial leak from the tank, in violation of W Va law. Failure of the secondary containment, in violation of W Va law. Lack of clarity in information about the health toxicity of the chemical, in violation of the spirit of federal environmental law and regulations. So the problem is not the absence of some law or regulation, but proper enforcement of existing rules. There is also the complexity of the many regulations, and the issue of clear communication of them to the organizations to which they apply. Faulks testimony cites existing law, regulations, and alerts, which covered this incident. He feels that if the investigation finds the need for new regulation, that it is better done at the local level, than at the federal level.

W Va Governor updates about the state of Emergency


West Virgina Office of the Governor204 W Va Governors page about the state of emergency205

01-12-14 @ 2PM Water Distribution Centers


NAME Hours County Phone Address

See the Governors web site info, which lines up better there.
Danville 911 Center Fountain of Life Worship Center (304) 369-0189 Boone Boone

206

1267 Smoot Ave.

301 Daniel Boone Parkway Foster WV

204 205

http://www.governor.wv.gov/Pages/default.aspx http://www.governor.wv.gov/Pages/State-of-Emergency.aspx 206 http://www.governor.wv.gov/Pages/State-of-Emergency.aspx

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Boone (304) 369-1021 Boone

2/25/2014 4:37:40 PM
1 Firehouse Square

Madison FD

Madison Garage Racine FD 25165 Madison Christian Ctr Culloden FD

Madison Boone Rt 3 Racine, Wv

Boone Cabell 2102 3rd St.

Lewis Memorial Baptist Church

Cabell

Huntington, WV 1200-1700

Milton Water Plant 1600 H.E. White Elem

Cabell (304) 743-3821

339 E Main St, Milton 800-

Clay

501 Bomont Rd

Fairplain Elem (304) 372-7340 Kenna Elem

Jackson

HC-80 Box 147

Jackson (304) 372-7343 Kanawha Kanawha Kanawha Kanawha 6823 Sissonville Drive

650 RT 21

Aldergate Methodist Church Alderson United Methodist Allen Creek FD Alum Creek FD

Sand Plant Road

Bartlett-Chapman Funeral Home Kanawha (304) 727-4325 Belle VFD 8:00 Captain D's Ave Cedar VFD

409 6th Avenue St. Albans, WV

Kanawha

Belle

Kanawha

509 MacCorkle

Kanawha (304) 595-2244 Kanawha

322 William ST

Charelston FD Station 1

300 Morris Street

Charleston Fire Dept. St 2 Charleston, WV Chesapeake VFD 8:00

Kanawha

808 Va St West, 8:00 Chesapeake

Kanawha

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Kanawha 8:00

2/25/2014 4:37:40 PM
Clendenin

Clendenin VFD

Columbia gas pipeline building 1845 Cross Lanes Baptist Church Crossing Baptist Church

Kanawha

1700 Maccorkle Ave

Kanawha Kanawha

102 Knollwood Drive 2031 Harrison Avenue

Crossings Mall-Elkview **OUT** East Bank VFD GE Stamping Plant Glasgow FD Avenue Kanawha City Chrch Christ Open 24Hrs

Kanawha

223 Crossings Mall Road Kanawha Kanawha 2507 1st Avenue

South Charleston Kanawha 119 Tompkins

Kanawha

Charleston, WV 8:00

Kroger in Dunbar Lakewood VFD Loundendale VFD Malden VFD 8:00 Marmet Town Hall Marmet VFD Nitro FD 8:00 Orchard Manor FD CFD Station 8 Pinch VFD Elkview Ponderosa Trail Pratt VFD 8:00 Riverside High School 12:20 Kanawha Kanawha **OUT** Kanawha Kanawha Kanawha Kanawha

Kanawha

Kanawha

Malden

Marmet, WV Marmet, WV Kanawha Nitro

Charleston, WV Kanawha 231 N Pinch Rd,

Kanawha (304) 722-2422 Kanawha

1330 Ponderosa 1:30 Pratt

1 Warrior Way

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Kanawha

2/25/2014 4:37:40 PM
405 B Street Kanawha

Saint Marks Episcopal Church Sissonville VFD 8:00 Thomas Memorial Hospital Tyler Mt. VFD 8:00 West Side VFD 8:00 WV Division of Highways HQ

Kanawha

4605 Maccorkle Ave SW Kanawha Cross Lanes

Kanawha

Saint Albans

Kanawha

Route 60 and Walnut Street

WV State University

Kanawha

5000 Fairlawn Ave.

Cabin Creek VFW Islamic Association of Wv Charleston 1200-1500 Duval FD WV 25521 Hamlin VFD

Kanawha Kanawha 1 Valley Dr South

Lincoln (304) 524-7108 Lincoln

Griffithsville,

8049 Vine Ave.

Lincoln 911 center Hamlin West Hamlin VFD Sharples FD River Rd Captain D's in Teays Valley Chapman Funeral Home (304) 757-7531 Church of Nazarene** Eleanor Votech Cntr Fruth Pharm Depot Good Shephard Baptist Church Hurricane FD Hurricane Walmart Putnam Putnam Putnam

Lincoln

911 Marconi Dr, West

Lincoln Logan

121 Guyan Street 18843 Spruce

4150 State Rt 34 3941 Teays Valley Road

Putnam Putnam Putnam

2325 U.S. 60 Eleanor, WV Hurricane/Scott

Tiger Lane Scott Depot Putnam Putnam 2716 Main St 167 Progress Way

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Putnam Putnam

2/25/2014 4:37:40 PM
Hurricane 302 Great Teays Blvd

John Henson Center Kroger in teays valley

Poca Highschool 8:00-8:00 Rt 34 N VFD Volunteer Fire Department Teays Valley Chistain School** Teays Valley VFD Fork RD Tri-County YMCA VFW 9097

Putnam Poca (304) 755-5511

Putnam (304) 586-9938 Putnam

Route 34 8:00-8:00

4373 Teays Valley WV Putnam 105 Poplar

Putnam Putnam

200 Carls Lane Hurricane

Winfield Courthouse Winfield OES 8:00-8:00 Municipal Building Walton VFD 558 River Road

Putnam Putnam

311 East 9th Ave

Roane Roane

City of Spencer GOV other

**Indicates distribution center requires you to bring your own containers.

01-11-14 @ noon
To read the proclamation extending the State of Emergency to Cabell, Clay, Logan and Roane counties, CLICK HERE. To read the proclamation declaring a State of Emergency in Boone, Jackson, Kanawha, Lincoln and Putnam counties, CLICK HERE.

01-10-14 @ 7:45PM
For assistance locating a water distribution point in your county, please contact your local emergency management office. Boone County 304 369-9913 Cabell County 304 743-5391 60 Critical Infrastructure disaster 2014 Jan 9 W Va Water

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Clay County 304 587-2019 Jackson County 304 373-2208 or 304 372-2000 Kanawha County 304 744-6843 Lincoln County 304 824-3443 Logan County 304 752-7662 or 304 752-8817 or Sharples VFD 304-369-2630 Putnam County 304 586-0246 Roane County 304 927-0911

01-10-14 @ 7:30PM
West Virginia American Water issued a DO NOT USE WATER NOTICE for all West Virginia American Water customers in Kanawha, Boone, Putnam, Lincoln, Logan, Clay, Roane and Jackson counties, as well as customers in Culloden in Cabell County. All other WVAW customers in Cabell County are NOT affected, as they receive their water from the Huntington Water Treatment Plant. Customers who are served by the City of Hurricane, St. Albans, Putnam PSD, Montgomery and Cedar Grove/East Bank are NOT affected. Please Note: West Virginia American Water is NOT shutting off water to any customers as a result of the "do not use" order currently in place in the Kanawha Valley system.

01-10-14 @ 4PM
GOVERNOR TOMBLIN PROVIDES UPDATE REGARDING THE STATE OF EMERGENCY During afternoon press conference CHARLESTON, W.Va. Gov. Earl Ray Tomblin this afternoon provided an update regarding the State of Emergency still in effect for parts of Boone, Cabell, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam, and Roane Counties. We encourage all individuals to determine whether their home or business is in the affected service areas. One indicator of the contaminated water is the odor of the water. We urge all residents in the affected areas to follow West Virginia American Water Companys do not use order until it is lifted. This includes water companies supplied by West Virginia American Water in this area. If you live in one of these areas, do not use tap water for drinking, cooking, cleaning, washing, or bathing. At this time, I do not know how long this will last. We ask that all West Virginians check on their friends, families, and neighbors 61 Critical Infrastructure disaster 2014 Jan 9 W Va Water Here is the main document: http://www.scribd.com/doc/114094060/CI-Boom-Analysis

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especially those with small children and seniors living in their householdsto make sure they have enough water, food, and supplies. If you or anyone you know--experiences symptoms including: nausea, vomiting, dizziness, irritation of the eyes and skin, seek care immediately. Yesterday my DEP ordered the company storing the chemical to take immediate action and stop additional flows of the chemical into the Elk River. This discharge of pollutants is unacceptable. I spoke with the president of West Virginian American Water and the COO of American Water, the parent company. Ive also spoken with the Secretary of Homeland Security, Secretary Johnson. They have pledged their full support and assistance. Ive mobilized and deployed all appropriate government assets and resources, including our Office of Emergency Management, our experts at DEP, DHHR Bureau of Public Health along with our National Guardwho are out doing health and wellness checks across the area along with collecting, testing and monitoring the water. The federal government is also providing assistance. The President has approved my request to issue a federal emergency declaration to provide FEMA resources. County emergency offices are also working 24-7. Until we receive an all -clear, we are focusing efforts on helping the most vulnerable in hospitals and nursing homes. We have asked the DHHR Bureau for Public Health, Senior Services, and WVNG to develop a long-term plan to help ensure adequate supplies of water and food is available. If you are low on bottled water, do not panic. Help is on the way. We are taking every measure to provide water to you. There is no shortage of bottled water. Supplies are moving into the area as we speak. We encourage all West Virginians in affected areas to contact their local emergency management office for water distribution sites. If you or your organization would like to donate supplies, please contact your local emergency center. If you are in the Kanawha Valley Area, we are organizing a call to action drive for needed itemsincluding water, sanitizer, wipes, liquid baby formula, paper plates, plastic utensils, and microwavable meals. The drive will take place on the Boulevard in front of the State Capitol from 2:30 6:30 today. It is important to emphasize, water and supplies are availablethere is not a persistent shortage of bottled water. We are grateful for the offers of support from private firms and charitiesand our fellow West Virginiansto aid in providing relief. I will direct my general counsel, and my Director of the Division o f Homeland Security and Emergency Management, General Hoyer to begin reviewing our emergency response to this incident. They reviewed both the response to the Derecho and Hurricane Sandy. We learned a lot from those disasters. Our past reviews have prepared us well for this situation. We can learn a lot from this particular incident. 62 Critical Infrastructure disaster 2014 Jan 9 W Va Water
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01-10-14 @ 10:25AM
CHARLESTON, W.Va. Gov. Earl Ray Tomblin today issued the following statement regarding the current State of Emergency in Boone, Cabell, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam, and Roane counties. The State of Emergency remains in the affected counties. The Governor dispatched the states Department of Environmental Protection to Freedom Industries yesterday, ordering it to halt further leaching of the particular chemical into the river. Our emergency response team has worked to develop a testing protocol and a sampling plan on the chemical at issue. Initial samples have been taken, and additional sampling and testing will continue throughout the situation. The sampling plan is a coordinated effort with West Virginia American Water Company and the state Bureau of Public Health, and our emergency responders. This process will take time, but we continue to work quickly to provide information related to the ability to lift the do not use ordered by West Virginia American Water Company. Also overnight, water supplies have been relocated and have begun to be distributed to affected areas. Please call your local emergency service office to locate the closest distribution point for your area. Continue to refrain from using the water for drinking, cooking, cleaning, bathing and washing. Do not boil this water or use it to supply oxygen machines. Our efforts will continue until we have a resolution. Our main focus continues to center around our hospitals, nursing homes and those most vulnerable. I will continue to keep our citizens updated as we gather additional information.

01-10-14 @ 12:48AM
The White House has approved Gov. Tomblin's request for a federal emergency declaration to assist with the situation in affected areas.

01-09-14 @ 9:32PM
GOVERNOR TOMBLIN DECLARES STATE OF EMERGENCY IN 9 COUNTIES Water to be available through the county offices of emergency services CHARLESTON, W.Va. Gov. Earl Ray Tomblin this evening issued a State of Emergency for Boone, Cabell, Clay, Jackson, Kanawha, Lincoln, Logan, Putnam, and Roane counties. This declaration follows a notice from West Virginia American Water Company that its water supply had become contaminated. Residents served by Lincoln PSD, Queen Shoals PSD, Reamer PSD, City of Culloden PSD, and City of Hurricane PSD are also affected. 63 Critical Infrastructure disaster 2014 Jan 9 W Va Water

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West Virginians in the affected service areas are urged NOT to use tap water for drinking, cooking, washing or bathing, Gov. Tomblin said. Right now, our priorities are our hospitals, nursing homes, and schools. Ive been working with our National Guard and Office of Emergency Services in an effort to provide water and supplies through the county emergency services offices as quickly as possible.

Legislative interaction with W Va water disaster


Both the US Congress and the WVa legislature are considering laws in the wake of this disaster. The US House of Representatives is dominated by pro-industry Republicans, moving in other direction. Some voices are asking them to hold off until the investigations are complete, because it may be that this situation is merely a violation of existing regulations, which need better enforcement funding. However, Democratic legislators feel some needs are obvious, and easier to pass before the industry lobby machine blocks reforms. There have been many past such efforts which have failed. Passage may be easier, when this incident is still fresh in many minds.

W Va Water Resources Protection and Management Plan


See in CDC clarifies chapter where, as of 2014 Jan-18, W Va Gov. Tomblin directed his legal team to work with the W Va Dept of Environmental Protection (DEP) to draft legislation to help prevent this type of crisis from happening again and anticipates introducing a bill next week. This legislation will: empower the DEP to: implement an above ground storage tank regulatory program; require above ground storage tanks to be constructed and maintained in a safe manner; ensure public water systems have proper contingency plans in place to prepare for emergencies such as this; and requires public notice to affected municipalities, counties and the general public concerning regulated above ground storage tanks. The governor anticipates submitting this legislation to the Senate and House of Delegates early next week. The efforts will be coordinated with legislative leadership as well as West Virginias Congressional Delegation. This W Va Senate bill 373 is the proposed new legislation, which passed the W Va Senate Jan-28, then was sent to the House.207 Similar legislation is also going thru W Va House. SB355 (Similar To) 2014-01-15 - To Natural Resources HB4255 (Similar To) 2014-01-22 - To House Judiciary HB4285 (Similar To) 2014-01-24 - To House Judiciary

207

http://legiscan.com/WV/bill/SB373/2014

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Code Citations
Chapter Article Section Citation Type Statute Text 22 26 1 Amended Code Citation Text 22 26 10 New Code See Bill Text 22 26 11 New Code See Bill Text 22 26 12 New Code See Bill Text 22 26 13 New Code See Bill Text 22 26 14 New Code See Bill Text 22 26 15 New Code See Bill Text 22 26 2 Amended Code Citation Text 22 26 3 Amended Code Citation Text 22 26 5 Amended Code Citation Text 22 26 6 Amended Code Citation Text 22 26 7 Amended Code Citation Text 22 26 8 Amended Code Citation Text

West Virginia State Sources


Source http://www.legis.state.wv.us/Bill_Status/Bills_history.cfm?input=373&year= Summary 2014&sessiontype=RS&btype=bill http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=sb373%20intr Text .htm&yr=2014&sesstype=RS&i=373 http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB373%20S Text UB1.htm&yr=2014&sesstype=RS&i=373 http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB373%20S Text UB2.htm&yr=2014&sesstype=RS&i=373 http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=SB373%20S Text UB2%20ENG.htm&yr=2014&sesstype=RS&i=373 Roll Call http://www.legis.state.wv.us/legisdocs/2014/RS/votes/senate/01-28-0009.pdf Type

US Chemical Safety and Drinking Water Protection Act


This is being proposed in the US Senate, by Senators Manchin, Boxer, and Rockefeller. If enacted, it will supply tools to provide oversight of chemical facilities. It strengthens states ability to prevent chemical spills. 208
208

http://www.manchin.senate.gov/public/index.cfm/press-releases?ID=c6994524-12a1-412c-b958b5b9401bf680 http://www.manchin.senate.gov/public/index.cfm/files/serve?File_id=5e753adc-e7b0-4d04-bbb8f1b4d83a1afa&SK=69594FB391DF38843E98E1A0A92D9896

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Key principles include: 1. Requiring regular state inspections of above-ground chemical storage facilities, which are potential threats to sources of drinking water, 2. Directs states to use existing provisions under the Safe Drinking Water Act to identify facilities which present a risk to drinking water.\ 3. Requiring industry to develop state-approved emergency response plans that meet at least minimum guidelines established in this bill, 4. Allow states to recoup costs incurred from responding to emergencies, and 5. Ensuring drinking water systems have the tools and information to respond to emergencies. 6. Sets minimum standards for states and industry, including: Construction standards. Leak detection and spill and overfill requirements. Emergency response and communication plans. Notification of relevant government agencies. Notification of drinking water systems in the same watershed. Routine inspection. See US Senate hearing into Safety of Drinking Water in W Va, t The statement by Weaver of ILTA, lists many more provisions of this proposed bill, itemizing where such standards already exist in current laws, regulations, and industry standards. The statement by Olson of NRDC also discusses this proposed bill, explaining where it needs to be improved.209

US Ensuring Access to Clean Water Act


Congresswoman Capito introduced the Ensuring Access to Clean Water Act which would require oversight and inspection of chemical storage facilities and above ground storage tanks. The legislation would be required at least every three years for tanks located in source water assessment areas, and at least every five years for other tanks, 210

US Reducing Excessive EPA Regulations


On the same day as the W Va chemical spill, the US House of Representatives passed a bill to gut US environmental regulations which Freedom violated. Fortunately it is not law until Senate also approves, and President signs, so they did not act fast enough to liberate Freedom from responsibility.211
209

Daniel Rosenberg, The Chemical Safety Improvement Act (in its current form) will not solve the problems illustrated by the West Virginia chemical spill. http://switchboard.nrdc.org/blogs/drosenberg/the_chemical_safety_improvemen.html 210 http://www.wsaz.com/news/headlines/Congressional-Hearing-on-Chemical-Leak-in-Charleston244691801.html 211 http://rt.com/usa/hazardous-toxic-waste-law-445/ 66 Critical Infrastructure disaster 2014 Jan 9 W Va Water
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Charleston W Va major Info sources


City of Charleston WVa home website.212 West Virgina Office of the Governor213 and W Va Governors page about the state of emergency214 See chapter below with copies of info from the Governor of W Va. West Virginia Dept of Environmental Protection (DEP) info page about the chemical spill causing water emergency.215 US Chemical Safety Board (CSB) info about their investigation of this incident.216 W Va American Water home web site,217 statement by their leader,218 and their info about the DO NOT USE TAP WATER ALERT,219 which includes: Clarifications of earlier statements. Organizations cooperating to make decisions about water quality. Whats going on with the sampling and eva luations. Statistics and anticipated Time Line of remediation. List of organizations and sites distributing water, to which the public must supply jugs or whatever the water is to go into. Links to additional info. W Va Freedom Industries home web site.220 They experienced the chemical spill which led to this disaster for the water supply. Charleston is the capital and largest city of the State of West Virginia. It is located at the confluence of the Elk and Kanawha Rivers in Kanawha County. As of the 2010 Census, it had a population of 51,400, while its metropolitan area had 304,214. Area: 32.66 sq miles (84.59 km) Population: 51,018 (2012) Cyclopedia info about Charleston W Va.221 Wikipedia info about Charleston WVa.222

212 213

http://www.cityofcharleston.org/ http://www.governor.wv.gov/Pages/default.aspx 214 http://www.governor.wv.gov/Pages/State-of-Emergency.aspx 215 http://www.dhsem.wv.gov/Pages/WV-American-Water-Emergency.aspx 216 http://www.csb.gov/freedom-industries-chemical-release-/ 217 http://www.amwater.com/wvaw/ 218 http://www.amwater.com/files/WV%20%20Statement%20for%20WV%20Water%20Alert%20011013%20v2.pdf 219 http://www.amwater.com/wvaw/about-us/news.html 220 http://www.freedom-industries.com/ Warning accessing the site is sluggish, probably because of the high degree of international curiosity about this company. As of Jan-12, I do not see anything on their web site about this incident.
221

https://en.wikisource.org/wiki/The_American_Cyclop%C3%A6dia_%281879%29/Charleston_%28West_ Virginia%29 222 https://en.wikipedia.org/wiki/Charleston,_West_Virginia

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Charleston W Va News papers


Charleston is home to two major newspapers. The Charleston Gazette223 is the largest circulation newspaper in West Virginia, published Monday thru Friday mornings. The Charleston Daily Mail224 is also published mornings Monday thru Friday. On Saturday and Sunday, the Charleston Gazette and the Daily Mail combine to produce a newspaper titled the Charleston Gazette-Mail.

Charleston W Va TV News
The CharlestonHuntington TV market, is the second largest television market (in terms of area) east of the Mississippi River, serving counties in central West Virginia, eastern Kentucky, and southern Ohio. There are four VHF and ten UHF television stations in the market, even though some of the stations broadcast from Ohio and Kentucky. Call sign Channel WSAZ 3 WCHS-TV 8 WVAH 11 WOWK 13 WOUB 20 WOCW-LP 21 WKPI 22 WKAS 25 WLPX 29 WQCW 30 WPBY 33 WPBO 42 WVCW-LP 45 WYMT 57 WTSF 61 Description Huntington (NBC)/(MyNetworkTV on DT2) Charleston (ABC) Teays Valley (Fox) Huntington (CBS) Athens, Ohio (PBS) Charleston (The CW) Pikeville, Kentucky (PBS / KET) Ashland, Kentucky (PBS / KET) Hurricane (ION) Portsmouth, Ohio (The CW) Huntington (PBS) Portsmouth, Ohio (PBS) Huntington (The CW) Hazard, Kentucky (CBS) Ashland, Kentucky (Daystar)

Charleston W Va Radio
Charleston has a total of 11 radio stations (AM and FM) licensed in the city. Most of the stations are either owned by West Virginia Radio Corporation or Bristol Broadcasting Company. Call sign Frequency Format WCHS* 580 AM News / Talk[32]
223 224

Description / Notes 58 WCHS

http://www.wvgazette.com/ www.charlestondailymail.com

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WKAZ* 680 AM Oldies WBES* 950 AM Sportstalk WSWW* 1490 AM Sports WVPN* KLOVE WXAF* WZACFM WVTSFM WKWS* WQBEFM* WRVZ WVAF* WMXE WVSRFM* WKLCFM WAMX WKAZFM 88.5 FM 93.3 FM 90.9 FM 92.5 FM 94.5 FM 96.1 FM 97.5 FM 98.7 FM 99.9 FM Public Radio[33] Religious Religious Classic Country News / Talk[34] Country[35] Country[36] Rhythmic Top 40[37]

The Oldies format was formerly on 107.3. ESPN 1490 NPR News, Classical Music, Mountain Stage, and other local and national programs.

Supertalk 94.5 96.1 The Wolf. The station plays mostly country music, but also has a mix of Southern rock. 97.5 WQBE. The Charleston MSA's #1 rated radio station, according to Arbitron. 98.7 The Beat. Despite the station's low ERP, it still competes well with Electric 102.7. V-100 100.9 The Mix Electric 102.7 Rock 105 X 106.3 107.3 K-Rock

Adult Contemporary[38] 100.9 FM Classic Hits[39] 102.7 FM Top 40[40] 105.1 FM Rock[41] 106.3 FM Rock[42] 107.3 FM Classic Rock[43]

* represents radio stations that are licensed to the city of Charleston.

Continued in more documents


Time Line of these critical infrastructure disasters to be continued in related documents to be named: CI Boom 0 thru 1999225 CI Boom 2000 to 2006226 CI Boom 2007227
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http://www.scribd.com/doc/203317455/CI-Boom-0-thru-1999 http://www.scribd.com/doc/203688481/CI-Boom-2000-to-2006 227 http://www.scribd.com/doc/204262969/CI-Boom-2007

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CI Boom 2008 to 2009228 CI Boom 2010 to 2011229 CI Boom 2012230 CI Boom 2013 Jan-Mar231 CI Boom 2013 Apr232 CI Boom 2013 May-Dec233 CI Boom 2014 Jan W Va Water234 CI Boom 2014 Jan235 CI Boom 2014 Feb

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Later time lines, in history, shall be uploaded to the same SCRIBD Critical Infrastructure collection.236 Revision history will be maintained in the main parent document.

228 229

http://www.scribd.com/doc/206714326/CI-Boom-2008-to-2009 http://www.scribd.com/doc/206962922/CI-Boom-2010-to-2011 230 http://www.scribd.com/doc/204042682/CI-Boom-2012 231 http://www.scribd.com/doc/204889417/CI-Boom-2013-Jan-to-March 232 http://www.scribd.com/doc/204575461/CI-Boom-2013-April 233 http://www.scribd.com/doc/207356334/CI-Boom-2013-Mar-to-Dec 234 http://www.scribd.com/doc/203973261/CI-Boom-2014-Jan-9-W-Va-Water 235 http://www.scribd.com/doc/207503705/CI-Boom-2014-Jan 236 http://www.scribd.com/collections/4108500/Critical-Infrastructure

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