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MEMORANDUM

TO: Public Record for the NPDES Electronic Reporting Rule

EPA Docket Number EPA-HQ-OECA-2009-0274 (www.regulations.gov)

FROM: Carey A. Johnston, P.E.

USEPA/OECA/OC

ph: (202) 566 1014

johnston.carey@epa.gov

DATE: 10 January 2014

SUBJECT: Promoting Transparency and Accountability: Example Showing the Need for Additional 

Data Sharing Between States and EPA [DCN 0105]

On 9 January 2014 West Virginia Gov. Earl Ray Tomblin issued a State of Emergency 

for the West Virginia counties of Boone, Cabell, Clay, Jackson, Kanawha, Lincoln, Logan, 

Putnam, and Roane. This declaration follows a notice from West Virginia American Water 

Company that its water supply had become contaminated. Residents served by Lincoln Public 

Service District (PSD), Queen Shoals PSD, Reamer PSD, City of Culloden PSD, and City of 

Hurricane PSD were also affected.1 United States Attorney Booth Goodwin issued the following 

statement regarding the release of a potentially dangerous chemical into the Elk River and 

southern West Virginia water supply: “Yesterday’s release of a potentially dangerous chemical 

into our water supply has put hundreds of thousands of West Virginians at risk, severely 

disrupted our region’s economy, and upended people’s daily lives. My office and other federal 

law enforcement authorities have opened an investigation into the circumstances surrounding the 

release. We will determine what caused it and take whatever action is appropriate based on the 

evidence we uncover.”2

The chemical that spilled was 4-methylcyclohexane methanol, which is a foaming agent 

and is used in the coal preparation process. This chemical leaked from a tank at Freedom 

Industries (1015 Barlow Drive) and overran a containment area. The site of the spill is the 

Etowah River Terminal, which is a liquid bulk storage and distribution facility servicing the Port 

of Charleston, West Virginia. The terminal is located on the Elk River, 2.5 miles from the 

Kanawha River in Downtown Charleston. Etowah River Terminal operates 13 bulk tanks with a 

total liquid storage capacity of 4,000,000 gallons.3The tank that leaked holds at least 40,000 

gallons, said Tom Aluise, a West Virginia Department of Environmental Protection (WVDEP) 

spokesman. Mr. Aluise stated that “We're confident that no more than 5,000 gallons escaped. A 

certain amount of that got into the river. Some of that was contained.”4The Charleston Area 

Medical Center reported Friday morning that its emergency room had treated approximately five 

 

1 West Virginia Government Website: http://www.governor.wv.gov/Pages/State-of-Emergency.aspx (Accessed on 

10 January 2014).

2 U.S. DOJ Website: http://www.justice.gov/usao/wvs/press_releases/Jan2014/attachments/011014Goodwinchemical-release-statement.html (Accessed on 10 January 2014).

3

See http://www.etowahriverterminal.com/services/default.htm (Accessed on 10 January 2014).

4

See: http://www.cbsnews.com/news/some-people-treated-for-water-related-issues-in-w-va/ (Accessed on 10 

January 2014).
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people who reported symptoms of water contamination related to the chemical spill. Medical 

professionals have indicated those people will be fine, but were warned to look out for nausea, 

skin and eye irritation and vomiting.5In total approximately 100,000 water customers, or 

300,000 people total, were affected, state officials reported.6

On 10 January 2014 EPA confirmed what information was available on its ECHO 

website (echo.epa.gov) and the WVDEP website for this facility in the immediate aftermath of 

this public health emergency. EPA confirmed that this facility is classified as a NPDES minor 

General Permit Covered facility; however, EPA’s ECHO and WVDEP websites have no Clean 

Water Act discharge monitoring report, compliance, or enforcement data for this facility in 

ECHO. EPA also confirmed that this facility is a RCRA active small quantity generator; 

however there is no compliance or enforcement data for this facility in EPA’s ECHO and 

WVDEP websites. Printouts from EPA’s ECHO website and the WVDEP website are attached 

to this memo. The WVDEP website does not appear to have any information related to its RCRA 

compliance or enforcement activities. Screenshots showing the location of the facility are 

provided below.

It is important for EPA to be able to assist states in emergency events such as this spill. 

There is no indication that the lack of data on EPA’s ECHO and WVDEP websites hampered the 

response; however, the lack of information makes it harder for the public to access any 

compliance monitoring data previously submitted by the facility or any prior compliance and 

enforcement actions taken by the state. 

 

5

Ibid.

6

Ibid.
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Screenshot Showing Location of Facility (Signs Shows Address as “1015 BARLOW DR”)
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