HB 4277 - EC

23 Jan 2014

      Note that HB 4277 is apparently the Republicans' answer to water threats -
sponsors are 4 Republicans.
On Thu, Jan 23, 2014 at 6:32 PM, James Kotcon jkotcon@wvu.edu wrote:
...
Attached is my quick review of Comm Sub SB 373.  It looks like Unger
incorporated a number of ideas from the governor's bill, but removed any
role for the Dept. of Public Health and included most of Tomblin's
exemptions, plus added a few new ones.  It makes Ungers bill more
comprehensive for the tanks that are covered, but it exempts way too many
tanks.
Jim Kotcon

*From:* Dan Taylor danotbob@gmail.com
*Sent:* Thursday, January 23, 2014 4:01 PM
*To:* Jim Sconyers
*Cc:* Angie Rosser; David McMahon; Chuck Wyrostok; James Kotcon; MAYA
NYE; Denise Poole; Don Garvin; Vickie Wolfe; Dan Taylor; Gary Zuckett; Beth
Little; Cindy Rank; John C; Julie Archer; Norm Steenstra; Robin Blakeman;
Viv Stockman; Rachel Huff; Margaret Chapman Pomponio; Greg Carroll
*Subject:* Re: Allied lobbyists group: 373 TALKING POINTS
Just saw H. B. 4277
Looks even more useless than the governor's bill.  Just an inventory?
-Dan
On Thu, Jan 23, 2014 at 3:37 PM, Jim Sconyers jimscon@gmail.com wrote:
...
resorting to protection via existing NPDES stormwater permits seems a
red herring to me - doesn't address the real critical problem, seems to say
no further protection needed
On Thu, Jan 23, 2014 at 1:09 PM, Angie Rosser arosser@wvrivers.orgwrote:
...
This bill is being irresponsibly fast tracked by the Senate, not
giving time for thorough analysis and stakeholder/public input.
Doesn't recognize DEPs current authorities to permit under the existing
NPDES program
Narrowly attempts to address only one example of threats to source water
Includes several AST exclusions
Relies on industry self inspection and self reporting
No funding for protection plan development
I have not had a chance to read the CS so someone needs to verify
these points are still relevant.
Angie Rosser
Executive Director
West Virginia Rivers Coalition
304-637-7201
*From:* David McMahon wvdavid@wvdavid.net
*Sent:* Tuesday, January 21, 2014 2:21 PM
*To:* Chuck Wyrostok wyro@appalight.com, Jim Kotcon jkotcon@wvu.edu,
MAYA NYE chemicalsafetyadvocates@gmail.com, Angie Rosserarosser@wvrivers.org
*Cc:* Dan Taylor danotbob@gmail.com, Denise Pooledeniseap@earthlink.net,
Don Garvin DSGJr@aol.com, Vickie Wolfe ibtreehugger@gmail.com, 'Dan
Taylor' dan@ohvec.org, Gary Zuckett garyz@wvcag.org, 'Beth Little'blittle@citynet.net,
Cindy Rank clrank2@gmail.com, 'Jim Sconyers' jimscon@gmail.com, 'John
C' jbc329@earthlink.net, Julie Archer julie@wvsoro.org, 'Norm
Steenstra' norm@wvcag.org, 'Robin Blakeman' robin@ohvec.org, 'Viv
Stockman' viv@ohvec.org, Rachel Huff rachel@wvfree.org, Margaret
Chapman Pomponio margaret@wvfree.org, Greg Carrollgreg.carroll@frontier.com
HI,
    I saw Maya in cafeteria.  Plan is to ask Unger to ask General
Servcies to leave capitaol open late so rally can occure in lower rotunda.
I have not idea if they accomplished this.
                            Dave

On 1/21/2014 12:36 PM, Chuck Wyrostok wrote:
Folks, I just talked to Greg Carroll.  His road (and mine) are snowed
in pretty badly.  He hasn’t heard whether the event has been moved inside
the capitol and feels it’s too risky to set up generator/sound system in
wet snow.  He’d like to talk to someone asap.  His phone 304 206 8849.
Hopefully, we’ll both see you all later today….chuck w
Chuck Wyrostok
Outreach Organizer
Sierra Club, WV Chapter
T: 877 252 0257
E. outreach@marcellus-wv.com
www.marcellus-wv.com
Water is Life...Keep It Clean
*From:* James Kotcon [mailto:jkotcon@wvu.edu jkotcon@wvu.edu]
*Sent:* Tuesday, January 21, 2014 12:01 PM
*To:* MAYA NYE; Angie Rosser
*Cc:* David McMahon; Dan Taylor; Denise Poole; DSGJr@aol.com;
ibtreehugger@gmail.com; wyro@appalight.com; dan@ohvec.org;
garyz@wvcag.org; blittle@citynet.net; clrank2@gmail.com;
jimscon@gmail.com; jbc329@earthlink.net; julie@wvsoro.org;
norm@wvcag.org; robin@ohvec.org; viv@ohvec.org; rachel@wvfree.org;
margaret@wvfree.org
*Subject:* RE: Allied lobbyists group: CSB RECOMMENDATIONS
Maya, et al.:
This is a great list.  I would point out that the Unger bill does have a
provision directing DEP to propose fees to support the permit program,
although it is not clear that there is enough focus on inspections and
enforcement.
Tomblin's bill has reasonable language assuring DEP has authority to do
inspections, etc. and requires an annual inspection by a professional
engineer.  It also specifies construction and performance standards,
financial assurance requirements, and makes it unlawful to deliver to an
unregistered tank.  That last one makes the haulers responsible, which I
think is a good idea (so it will probably be gutted).  Tomblin's bill also
requires source water protection plans.  If only Tomblin's bill did not
have so many loopholes that almost no one is covered by it!
Some of those might be worth adding to the list.
Jim Kotcon

*From:* MAYA NYE chemicalsafetyadvocates@gmail.comchemicalsafetyadvocates@gmail.com
*Sent:* Tuesday, January 21, 2014 11:18 AM
*To:* Angie Rosser
*Cc:* David McMahon; Dan Taylor; Denise Poole; DSGJr@aol.com;
ibtreehugger@gmail.com; wyro@appalight.com; dan@ohvec.org;
garyz@wvcag.org; blittle@citynet.net; clrank2@gmail.com; James Kotcon;
jimscon@gmail.com; jbc329@earthlink.net; julie@wvsoro.org;
norm@wvcag.org; robin@ohvec.org; viv@ohvec.org; rachel@wvfree.org;
margaret@wvfree.org
*Subject:* Re: Allied lobbyists group: CSB RECOMMENDATIONS
All:
This is what Pat McGinley came up with.
*Components of a Comprehensive Above Ground Chemical Storage*
*Bill Missing From Unger Bill*
Most federal and state environmental protection statutes contain
significant opportunities for public participation.
Bill should grant rights to citizens, public water suppliers as well
as municipal and county governments. Like other environmental protection
laws, such public participation rights should include:
·         A broad right of citizen access to information in DEP files
regarding permitting, inspection, enforcement actions, penalties and the
other information storage tank companies are required to submit under the
bill;
·         Grant citizen's a public hearing, right to comment upon
siting of tanks, permit applications,
·         Grant citizen's the right to seek administrative and
judicial review of siting, permitting and enforcement decisions,
·         Require notification of the public, water suppliers and
municipalities of permit applications, permit grants and denials,
·         Grant citizens (including water suppliers, municipal and
county governments) the right to object, to permit applications, grant of
permits, and settlements of DEP enforcement actions;
·         Grant citizens the right to (1) seek administrative and
judicial review of DEP permit and enforcement decisions; the right to seek
judicial enforcement of mandatory nondiscretionary duties of permittees and
DEP under the statute, permits and regulations;
·         Provide for attorneys and expert fees and costs to be
awarded citizens who substantially prevail in administrative actions or
upon judicial review.
Other necessary provisions:
·         Specific storage tank setback requirements from source
waters where a spill or discharge may contaminate sources of public and
private drinking water.
·         Requirement that buffer zones be established to prohibit
location/construction of above-ground chemical storage tanks in close
proximity to source waters upstream from public drinking water intakes
(unless the director finds by clear and convincing evidence that there is
no possible hydrologic connection between the tanks and source waters (i.e.
no chance that the contents of a tank will reach stream or groundwater).
·         Owners of storage tanks should be *required* to submit
information about storage tanks and their contents - rather than leaving it
up to the DEP Secretary to request such information.
·         The regulatory program, including permitting of above ground
storage tanks, established by the bill should mandate additional DEP
staffing including inspectors and permit review staff with appropriate
expertise.
·         Require assessment of fees on tank owners to provide
adequate revenue to support the regulatory program.
·         Mandate monetary criminal (including imprisonment) and civil
sanctions with criminal and civil penalties to be imposed on corporate
managers and corporate entities adequate to provide serious deterrent to
violations of the statute.
I will work on pulling all of your recommendations together on this
bill.
Maya
On Tue, Jan 21, 2014 at 2:29 AM, MAYA NYE <
chemicalsafetyadvocates@gmail.com> wrote:
On Bayer report, it is page 116.
Here is the text version:
*8.3 Director of the Kanawha-Charleston Health Department *
2008-08-I-WV-R6
Establish a Hazardous Chemical Release Prevention Program to enhance
the prevention of accidental releases of highly hazardous chemicals, and
optimize responses in the event of their occurrence. In establishing the
program, study and evaluate the possible applicability of the experience of
similar programs in the country, such as those summarized in Section 5.3 of
this report. As a minimum:

  Ensure that the new program:

  Implements an effective system of independent oversight and

other services to enhance the prevention of accidental releases of highly
hazardous chemicals

  Facilitates the collaboration of multiple stakeholders in

achieving common goals of chemical safety; and,

  Increases the confidence of the community, the workforce, and

the local authorities in the ability of the facility owners to prevent and
respond to accidental releases of highly hazardous chemicals

  Define the characteristics of chemical facilities that would

be covered by the new Program, such as the hazards and potential risks of
their chemicals and processes, their quantities, and similar relevant
factors;
116
c. Ensure that covered facilities develop, implement, and submit for
review and approval:

  Applicable hazard and process information and evaluations.

  Written safety plans with appropriate descriptions of hazard

controls, safety culture and human factors programs with employee
participation, and consideration of the adoption of inherently safer
systems to reduce risks

  Emergency response plans; and,

  Performance indicators addressing the prevention of chemical

incidents.

  Ensure that the program has the right to evaluate the

documents submitted by the covered facilities, and to require
modifications, as necessary

  Ensure that the program has right-of-entry to covered

facilities, and access to requisite information to conduct periodic audits
of safety systems and investigations of chemical releases;

  Establish a system of fees assessed on covered facilities

sufficient to cover the oversight and related services to be provided to
the facilities including necessary technical and administrative personnel;
and,

  Consistent with applicable law, ensure that the program

provides reasonable public participation with the program staff in review
of facility programs and access to:

  The materials submitted by covered facilities (e.g., hazard

evaluations, safety plans, emergency response plans);

  The reviews conducted by program staff and the modifications

triggered by those reviews;
117

  Records of audits and incident investigations conducted by the

program;

  Performance indicator reports and data submitted by the

facilities, and;

  Other relevant information concerning the hazards and the

control methods overseen by the program.
h. Ensure that the program will require a periodic review of the
designated agency activities and issue a periodic public report of its
activities and recommended action items.
*8.4 Secretary of West Virginia Department of Health and Human Services
and the West Virginia Department of Environmental Protection *
2008-08-I-WV-R7
Work with the Director of the Kanawha-Charleston Health Department to
ensure the successful planning, fee collection, and implementation of the
Hazardous Chemical Release Prevention Program as described in
Recommendation 2008-08-WV-R6, above, including the provision of services to
all eligible facilities in the State.
*8.5 Kanawha-Putnam Emergency Planning Committee *
2008-08-I-WV-R8
Work with the Kanawha and Putnam counties Emergency Response Directors
to prepare and issue a revision to the Kanawha Putnam County Emergency
Response Plan and Annexes to address facility emergency response and
Incident Command when such functions are provided by the facility owner.
On Mon, Jan 20, 2014 at 5:45 PM, Angie Rosser arosser@wvrivers.org
wrote:
Links here
Bayer Crop Science 2008:
http://www.csb.gov/csb-issues-report-on-2008-bayer-cropscience-explosion-fin...
Dupont 2011:
http://www.csb.gov/dupont-corporation-toxic-chemical-releases/
*Angie Rosser*
Executive Director
West Virginia Rivers Coalition
304-637-7201
www.wvrivers.org
*From:* David McMahon [mailto:wvdavid@wvdavid.net]
*Sent:* Monday, January 20, 2014 5:42 PM
*To:* Angie Rosser; MAYA NYE; Dan Taylor
*Cc:* Denise Poole; DSGJr@aol.com; ibtreehugger@gmail.com;
wyro@appalight.com; dan@ohvec.org; garyz@wvcag.org; blittle@citynet.net;
clrank2@gmail.com; jkotcon@wvu.edu; jimscon@gmail.com;
jbc329@earthlink.net; julie@wvsoro.org; norm@wvcag.org; robin@ohvec.org;
viv@ohvec.org; rachel@wvfree.org; margaret@wvfree.org
*Subject:* Re: Allied lobbyists group: GOVERNOR'S SPILL BILL
Thanks.  I still do not have Chemical Safety Board recommendations.
On 1/20/2014 5:34 PM, Angie Rosser wrote:
Gov’s bill attached.
*Angie Rosser*
Executive Director
West Virginia Rivers Coalition
304-637-7201
www.wvrivers.org
--
David McMahon
        e-Mail:  wvdavid@wvdavid.net

     Land line:  304-415-4288

           Fax:  810-958-6143

Physical address:  1018 Kanawha Blvd E. #1200
                 Charleston, WV  25301

Postal address:  1624 Kenwood Road

                 Charleston, WV 25314

--
Maya Nye, Spokesperson
People Concerned About Chemical Safety
179 Summers Street, Ste. 230

Charleston, WV 25301
www.peopleconcernedaboutchemicalsafety.org

304-389-6859

***Smell something funny?***
Make a POLLUTION LOG.  Start keeping track of what happens when you
smell something funny.  Also, be sure to CALL and REPORT what you smell.
It may be the only way a problem is detected.  If you smell something,
there IS a leak.  Call 24 hrs. a day 1 (800) 642-3074 then let us know you
called it in.

***Adverse effects from exposure?***

Document your health symptoms.  Keep a log.  If you have immediate
concerns, go to the doctor or the emergency room.  Be sure to have them
document that you think your symptoms are as a result of exposure.
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--

Maya Nye, Spokesperson
People Concerned About Chemical Safety
179 Summers Street, Ste. 230
Charleston, WV 25301
www.peopleconcernedaboutchemicalsafety.org
304-389-6859
***Smell something funny?***
Make a POLLUTION LOG.  Start keeping track of what happens when you
smell something funny.  Also, be sure to CALL and REPORT what you smell.
It may be the only way a problem is detected.  If you smell something,
there IS a leak.  Call 24 hrs. a day 1 (800) 642-3074 then let us know you
called it in.
***Adverse effects from exposure?***
Document your health symptoms.  Keep a log.  If you have immediate
concerns, go to the doctor or the emergency room.  Be sure to have them
document that you think your symptoms are as a result of exposure.

To unsubscribe from this email list, just hit reply and put
"unsubscribe" in the subject line.
--
David McMahon
            e-Mail:  wvdavid@wvdavid.net
         Land line:  304-415-4288
               Fax:  810-958-6143
  Physical address:  1018 Kanawha Blvd E. #1200
                     Charleston, WV  25301
    Postal address:  1624 Kenwood Road
                     Charleston, WV 25314
--
Jim Sconyers
jimscon@gmail.com
304.698.9628
Remember, Mother Nature bats last.
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-- 
Jim Sconyers
jimscon@gmail.com
304.698.9628

Remember, Mother Nature bats last.