THE ELK RIVER
CHEMICAL SPILL INCIDENT REPORT.
FREEDOM
INDUSTRIES AND ETOWAH TERMINAL FAILED TO TAKE REASONABLE, NECESSARY CORRECTIVE
ACTION TO PREVENT DISCHARGE INTO THE RIVER.
January 8, 2015
On January 9, 2014, a spill of crude methylcyclohexanemethanol
(MCH M) into the Elk River in West Virginia tainted the water for more than 300,000
West Virginians in nine counties. The leak resulted in a do-not-use order being
issued, meaning citizens of Kanawha County and surrounding counties could not drink,
cook with, or bathe in their water. The spill raised questions about why this incident
happened and how similar crises could be avoided in the future.
The West Virginia Attorney General's Office had similar questions
and officially launched an investigation into the incident on January 13, 2014.
We pledged to provide citizens a clear and
fact-based understanding of what transpired, and allow for informed, factual decisions
to be made as to prevent these types of incidents in the future.
The report that follows is a summary of the Office's findings
that resulted from our investigation into the incident. Significantly, the report
details the causes of the leak at the Charleston tank farm and documents how years
of neglect and deteriorating conditions were overlooked and ignored by both Freedom
and its predecessors.
Among the most disturbing findings of our investigation was
that Freed om employees and outside consultants warned of a potential catastrophic
incident due to poor tank conditions and design problems for years, and in some
cases offered solutions. In March 2010, an
employee issued an Idea Form memo highlighting structural problems at the facility
and provided options to correct the problem.
Specifically, the employee's memo stated that "tanks
within the dike area are setting in water due to a lack of adequate drainage."
The memo further stated:
"All of the tank bottoms for the ten large tanks at
this facility have been replaced since original
installation. Slope grade is not away from the tanks and water stands in numerous
areas as well as in direct contact with the tank chime and {bottom}. This is the
most critical point of a tank with respect to structural integrity. Any failure
of this weld or steel plate would result in a potentially catastrophic failure."
The employee offered two alternatives to remedy the problem:
1) Do nothing and replace tank bottoms when loss of containment occurs, and/or 2)
Dig trenches to try and move water away from tank chime and towards the sump.
Based upon the investigation to date, Freedom appeared to have chosen Option 1,
and the predicted loss of containment and catastrophic failure occurred.
Among the other key findings detailed in this report are
the following:
Two tanks, No. 396 and 397, were more than 75 years old and
had holes in the bottom which resulted in chemicals escaping from both. Specifically,
tan k No. 396 had two holes in the floor
measuring 5/8" x 21/32" and 14" x 9/32" that were located
approximately 2 1/2 inches to 4 1/2 inches
inside the tank wall. Tan k No. 397 had a 0.2 cm hole.
Chemicals escaped from the tanks, then flowed northwest to the containment wall in front of tanks
393 and 394.
The chemicals leaked through and under the containment wall
into the rubble-filled ground covering the hillside leading to the Elk River.
The chemicals also traveled through a corroded culvert and/or
pathways created by water leaking from the culvert. The culvert ru ns between tanks
395 and 394 and over the embankment to the river. Hence, there were at least two
entry points in which chemicals were able to flow directly into the Elk River.
Both tanks sat above a gravel/ soil ground. A concrete pad
that existed around the base of each tank did not extend under the tank. When chemicals leaked out of the
tank, i t leaked directly into the gravel and soil underneath. It is not known how
long the chemical had been leaking from the two tanks, but it is believed that it
did not start on the day the leak was reported.
Freezing conditions on Jan. 9, 2014, as well as days leading
up to it, affected the leaching into the ground and caused it to pool on the concrete
pad around the tanks.
Containment walls designed to serve as a secondary containment
system in case of a leak failed due to neglect and disrepair, which allowed the
chemical to flow both underneath and through
the cinderblock. The WVAGO
investigators documented frozen substances coming out of the wall several days after
the event.
Self-inspection reports by Etowah employees dating back to
1998 repeatedly pointed out that the containment wall
was in need of repair.
Pads sloped down toward the base (chime) of the tanks. This
allowed for dirt, mud, and debris to build up under the tank and for water to pool
underneath and around it. In 2010, a Freedom Industries engineer expressed concern
about the slope and position of the concrete pad.
The riverbank in front of the tanks suffered severe erosion
prior to the January 2014 spill, and had been noted going back to 2007. An environmental
company provided four proposals to correct the erosion in 2009. None of the proposals
appeared to have been accepted.
Despite obvious warning signs, as well as internal and external
inspections and reports highlighting potential problems, Freedom Industries and
Etowah Terminal failed to take reasonable, necessary corrective action.
The WVAGO investigation also determined that tanks No. 393
and 394 had developed a tilt (due to being located on fill) and were leaning toward
the Elk River, with their tipping becoming more severe over time.
The WVAGO investigation spanned most of last year and resulted
in an overwhelming amount of information and documentation of the scene and the
events that took place on January 2014 at the Freedom Industries. While the investigation
continues, sufficient evidence exists to articulate an understanding of the events
that transpired on January 9, 2014 and many of the causes of the spill. Our report
is intended to highlight the noteworthy evidence obtained during the investigation
and provide a summary of the information obtained.
By providing factual, detailed information as to what transpired
on January 9, 2014 and what caused the incident at Freedom, the public will be better
informed.