Our Notes on the West Virginia Chemical Spill

We had to come back for the West Virginia Chemical Spill which is said to have began on January 9, 2014.  "Hard facts" have been hard to come by.  Is the chemical "raw" (as one source reported) or is it a blend?  We ask the question as the alleged company involved (Freedom Industries) uses at least one known affiliate for blending - Poca Blending.  The web server (at this posting time) for Freedom Ind. is offline.  Checked the Freedom Industries website today Jan. 14, 2014: West Virginia Chemical Spill: Freedom Industries site online: http://www.freedom-industries.com/home.html

 

Source: All of the internet.

 

It has taken days to get these notes together.  So this posting is going to look messier than usual.  Apologies.

 

 

The Notes:

 

From 1_10_2014

Confirmed @NotOnTwtr The spill originated from Freedom Industries according to West Virginia American Water. http://www.worldbulletin.net/?aType=haber&ArticleID=126630 …

West Virginia Public Media reported that too http://wvpublic.org/post/state-emergency-water-advisory-issued-9-west-virginia-counties …. But good to get confirmation!

West Virginia Public Broadcasting now has 4 links on the MCHM chemical spill: http://wvpublic.org/category/news  ; http://wvpublic.org/post/noon-newscast-west-virginia-water-emergency-beth-vorhees-ashton-marra-dave-mistich-report … …

More on WV MCHM spill: http://wvpublic.org/post/5-things-we-dont-know-about-drinking-water-emergency-west-virginia, http://wvpublic.org/post/chemical-spill-leads-state-emergency-and-water-advisory-wvu-grads-energy-hopes-more, http://wvpublic.org/post/where-find-water-list-distribution-centers

http://toxnet.nlm.nih.gov/cgi-bin/sis/search/a?dbs+hsdb%3A%40term+%40DOCNO+2910

According to this link Freedom Industries did not report spill for 10 hours: http://wvpublic.org/post/5-things-we-dont-know-about-drinking-water-emergency-west-virginia W Virginia Public Media.

Here's the MSDS sheet for 4-Methylcyclohexane Methanol, the chemical involved in @wvamwater contamination:http://t.co/2Y8Ad3481c

 

The MCHM could be a blend with almost anything in it. Freedom Ind. lists Poca Blending affiliate: http://www.pocablending.com/services/default.htm …

Location of Freedom Industries in West Virginia: https://maps.google.com/maps?q=Freedom+Industries,+Barlow+Drive,+Charleston,+WV&hl=en&ll=38.362068,-81.613183&spn=0.010415,0.013797&sll=45.00109,-86.270553&sspn=9.616754,14.128418&oq=Freedom+Industries&t=m&z=16&iwloc=A … …

https://maps.google.com/maps?q=Freedom+Industries,+Barlow+Drive,+Charleston,+WV&hl=en&ll=38.362068,-81.613183&spn=0.010415,0.013797&sll=45.00109,-86.270553&sspn=9.616754,14.128418&oq=Freedom+Industries&t=m&z=16

Freedom Industries URL: http://www.freedom-industries.com/home.html

 

1% methanol in the Eastman MCHM msds. Not sure of the stuff from Freedom Industries.

MCHM has a German CAS file: http://www.tcichemicals.com/eshop/en/ch/commodity/M1412/ …. CAS # 34885-03-5. Other things blended in? But is free methanol in it?

German CAS MCHM:  http://www.tcichemicals.com/eshop/en/ch/commodity/M1412/

 

MSDS on the Chemical spilled in W. Va: http://mediad.publicbroadcasting.net/p/wvpn/files/201401/MSDS-MCHM_I140109214955.pdf … "Strong irritant". The methanol part is likely the worst.

http://mediad.publicbroadcasting.net/p/wvpn/files/201401/MSDS-MCHM_I140109214955.pdf

100K West Virginians cannot use tap H2O due to chemical spill. http://avideos.5min.com//808/5180808/518080748_2.mp4 … Via Newsy. 4-Methylcyclohexane Methanol.

Chemical spill in West Virginia leads to tap water ban for 300,000 people | via @Telegraph http://fw.to/qDDrRyb

http://www.telegraph.co.uk/news/worldnews/northamerica/usa/10562583/Chemical-spill-in-West-Virginia-leads-to-tap-water-ban-for-300000-people.html



Updated 1_11_2014

"Update" 4 Hospitalized, Dozens Seek Treatment After West Virginia Chemical Spill http://ti.me/1cOvU8R  via @TIME

Via AP: 4 HOSPITALIZED IN W. VA. AFTER CHEMICAL SPILL: http://hosted.ap.org/dynamic/stories/U/US_CHEMICAL_SPILL_WVA?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2014-01-11-02-15-55

West Virginia chemical spill is in the Wikipedia: http://en.wikipedia.org/wiki/2014_Elk_River_chemical_spill …

http://en.wikipedia.org/wiki/2014_Elk_River_chemical_spill

MCHM in the Wikipedia now: http://en.wikipedia.org/wiki/4-methylcyclohexanemethanol … 4-methylcyclohexanemethanol. May or may not be fully accurate.

Freedom Ind. personnel may have had some previous controversies: http://en.wikipedia.org/wiki/2014_Elk_River_chemical_spill#Background …

Freedom Ind. personnel may have had some previous controversies: http://en.wikipedia.org/wiki/2014_Elk_River_chemical_spill#Background …

Via @Wikipedia Elk River is the only known habitat of the diamond darter (fish): http://en.wikipedia.org/wiki/Diamond_darter …

Mayor of Charleston, W.Va., says water emergency is devastating his community - http://goo.gl/news/43mq via http://news.google.com/

AP PHOTOS: W.Va. stocks up on water after spill - seattlepi.com http://www.seattlepi.com/news/science/article/AP-PHOTOS-W-Va-stocks-up-on-water-after-spill-5132067.php?cmpid=twitter

 via @SeattlePI

FEMA page on W. Va. Chemical Spill (EM 3366) http://www.fema.gov/disaster/3366

Public Health Emergency Page from DH+HS FOR WEST VIRGINIA http://www.phe.gov/emergency/events/wv-chemical/Pages/default.aspx

President Obama Signs West Virginia Emergency Declaration | The White House: http://wh.gov/lIW3K

 @whitehouse (Released 1/10.)

West Virginia Dept. of Environmental Protection URL: http://www.dep.wv.gov/WWE/ee/hw/Pages/default.aspx

Ooh! The @USGS H20 Water Quality Assessment of West Virginia: http://water.usgs.gov/wid/html/wv.html

Service adds West Virginia fish to endangered species list: http://www.fws.gov/southeast/news/2013/043.html#.UtGNESOJyzU.twitter

Service adds West Virginia fish to endangered species list

www.fws.gov - 634 × 475 - Search by image

Page by .Page by . - Service adds West Virginia fish to endangered species list. July 25, 2013

 

 Should the diamond darter be a symbol of the spill?

Diamond Darter image: http://www.fws.gov/southeast/images/diamondDarter-.jpg

 

Credit/Source: US Govt. Work; Public Domain; Fish and Wildlife Service.

 

Freedom Industries web server is down? 8D pic.twitter.com/bGFfzC4sS1

1.       News & Lulz ‏@sav_gr 11m

@NotOnTwtr #lol you're right pic.twitter.com/bB4H5vI9ll

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Post on Google+: https://plus.google.com/+AmandaRachelleWarren/posts/VAiVEZ717nG

Officials silent on water timetable  - News - The Charleston Gazette - West Virginia News and Sports - http://www.wvgazette.com/News/201401110010

Bottled water for West Virginia residents plagued by chemical in - KiiiTV3.com South Texas, Corpus Christi, Coastal Bend http://www.kiiitv.com/story/24423917/bottled-water-for-west-virginia-residents-plagued-by-chemical-in-water-supply#.

FAKE BREAK NEWS Elk River nicknamed "Sh*t Creek". Gov. Christie of NJ seen paddling up it...

Update 1_14_2014

Tweets (posted by Kenwardjr and HuffPostPol) on the WV Chemical Spill seems to show that the WV and US Govt don't give a...

1.       Kenwardjr 12 Jan

Three years ago this month, @chemsafetyboard urged WV to help Kanawha County set up chemical accident prevention program. State said no.

 

1.       HuffPostPol 5m

John Boehner on West Virginia chemical spill: "We have enough regulations" http://huff.to/1d0zlJH

 

@NotOnTwtr The area where the spill happened is known as 'Chemical Valley', West Virginia. Source: http://www.foxnews.com/us/2014/01/13/hundreds-report-exposure-symptoms-in-w-va-after-crippling-chemical-spill/ …

1.     

West Virginia chemical spill shines spotlight on loose regulation CNN-4 hours ago That was the setup in West Virginia last week when a chemical spill contaminated a river supplying water to hundreds of thousands of people.

2.    The Big Impact Of A Little-Known Chemical In W.Va. Spill

3.    NPR-3 hours ago

Google News has about 4100 news article listed on the WV Chemical Spill if you search GN today... https://www.google.com/search?hl=en&gl=us&tbm=nws&authuser=0&q=chemical+spill&oq=chemical+spill&gs_l=news-cc.1.0.43j43i53.45246.48380.0.51083.14.5.0.9.9.0.78.337.5.5.0...0.0...1ac.1.1s3RmfcKD9A …

1.   Guardsmen Team Up to Tackle West Virginia Water Crisis

Department of Defense ‎- 1 day ago

Hundreds of thousands of people in nine West Virginia counties are unable to use their tap water as a precaution following a chemical spill.

 

1.   Ranking Members Waxman and Tonko Call for Hearing on West ...

democrats.energycommerce.house.gov/index.php?...west-virginia-chemical...

23 hours ago - ... last week's toxic chemical spill in West Virginia. Although Freedom Industries was storing thousands of gallons of a potentially toxic chemical ...

 

1.   West Virginia Chemical Spill Not a Concern for Louisville Water ...

louisvilleky.gov/.../West+Virginia+Chemical+Spill+Not+a+Concern+for+Lo...

19 hours ago - chemical spill, West Virginia, drinking water, Elk River, Ohio River.

2.   CSB Deploys to Chemical Spill in Charleston, WV - General News ...

www.csb.gov/csb-deploys-to-chemical-spill-in-charleston-wv/‎

o    Cached

Washington DC, January 11, 2014 – An investigative team from the U.S. Chemical Safety Board (CSB) is deploying to the scene of a massive spill into the Elk ...

 

 

Stephen Colbert’s take on: Water Crisis in West Virginia http://on.cc.com/1lYWaCl

 via @ColbertReport

   

Congress and the Executive Branch no longer required to file financial disclosures

 

President Obama signs the Original STOCK Act written by Louise Slaughter.

Mr. Obama talks about the values of 'fairness' and 'hard work' before signing the Original STOCK Act.  The original Act has since been modified under S.716.

Credit: US Govt. Work; Public Domain; http://www.youtube.com/user/whitehouse?feature=watch

 

Yes, it's a law.  Apparently under S.716 (a modification of the STOCK Act) the Congress of the United States of America and the Executive Branch are free from those annoying financial disclosures regarding non-public trading information.

 

 

The Modified Stock Act (S.716). Credit: US Govt. Work; Public Domain; http://www.gpo.gov/fdsys/pkg/BILLS-113s716enr/pdf/BILLS-113s716enr.pdf

The Original Stock Act (Public Law 112-105).  Credit: US Govt. Work; Public Domain; http://www.gpo.gov/fdsys/pkg/PLAW-112publ105/html/PLAW-112publ105.htm

If one visits the White House List of Signed Legislation it appears at the top and is dated April 15, 2013.  However, we first became aware of the legislation via a Tech Dirt post on The Hacker News this week.  But that post and the FireDogLake post don't seem to include these links on their sites - even though they made these "great catches".  But (in an earlier post) FDL did catch the letter to  the Honorable Harry Reid and the Honorable Mitch McConnell re. the STOCK act.

In that letter the SEA (Senior Executives Association) complained that the "old" STOCK Act was a violation of The Privacy Act and "burdensome" regulation.  But didn't the President's promise on transparency mean that the public should know about such unlimited and inside financial transactions by our lawmakers and executives?  And what about the "burdensome" complaint?  For a Congress that works only 126 days to 109 days per year - it can't present such a burden - especially when our Federal employees stand to gain untold millions of dollars due to their positions.  You would likely be fired from your private position/job if you were to gain such gross amounts for such transactions - and likely jailed for corruption.

But back to the SEA - posted on their landing mission statement is the following "The Senior Executives Association is a nonprofit professional association that promotes ethical and dynamic public service...".  Yet, the request for modification of the STOCK Act does not seem ethical in that it does not present the transparency in the needed promise to get the current Administration elected into office.

The (offending) section of S.716 is Section 1 which includes, but is not limited to: "

SECTION 1. MODIFICATIONS OF ONLINE ACCESS TO CERTAIN FINANCIAL

DISCLOSURE STATEMENTS AND RELATED FORMS.

  

(a) PUBLIC, ONLINE DISCLOSURE OF FINANCIAL DISCLOSURE

FORMS.—

(1) IN GENERAL.—Except with respect to financial disclosure

forms filed by officers and employees referred to in paragraph

(2), section 8(a) and section 11(a) of the STOCK Act (5 U.S.C.

App. 105 note) shall not be effective.

 

(2) EXEMPTED OFFICERS AND EMPLOYEES.—The officer and

employees referred to in paragraph (1) are the following:

(A) The President.

(B) The Vice President.

(C) Any Member of Congress.

(D) Any candidate for Congress.

(E) Any officer occupying a position listed in section

5312 or section 5313 of title 5, United States Code, having

been nominated by the President and confirmed by the Senate..."

Link here to the Original STOCK Act (112-105 linked above also) to see that Sec. 8a and Sec. 11a do exclude members of Congress and members of the Executive Branch from reporting on those "burdensome" financial disclosures.
 

Imminent Threat

Imminent threat

The current buzzword going around in politics and the media regarding the US Administration Use of Lethal Drone Force Legal Review (imprimatur: NBC News).

Apparently none of the sources cited in our posting "Are Drone Strikes a Form of Extrajudicial Killing?" searched their legal dictionaries or other sources for that phrase. 

Our blog did that and found possibly two applicable definitions.

The first one comes to us from The Law Dictionary - Imminent Danger. 

The other comes from The Free Dictionary - Imminent Threat (via public international law).

Regarding the first definition - you can guess that it concerns incidences 'where a person or persons may be called upon to defend themselves against homicide without protection from the law or other persons'.  The intended victim must be "reasonable" and "prudent".  A few court decisions are cited with the brief description.

It, of course, mentions nothing about drone strikes and persons perceived to be terrorists.  Innocent collateral victims of drone strikes are not mentioned - even though politicos have been seen defending said drone strike practice and policy.  For more on that perspective please see the report by Micah Zenko, Council on Foreign Relations.  (For just the summary and recommendations go to pp. 22+.)

The implication is that the US Policy requires some oversight by Congress - perhaps even transparency.  Also, there could be consequences with our foreign counterparts if the policy does not conform to expectations.

The second definition (Imminent Threat) is defined as a criterion - which makes it, too, somewhat vague as the pundits have been complaining.  Criteria like this can make for irreversible consequences and innocent collateral casualties and fatalities.

And some folks don't have a problem with that - and that makes the rest of us weep.