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### MEMORA **NDUM** 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: 1 0 January 2014 SUBJECT: P romot ing Transparency and A ccountability : 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 contaminat ed. Residents served by L incoln 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 potentiall y dangerous chemical into the Elk River and southern West Virginia water suppl y: “Yesterday’s release of a potentially dangerous chemical into our water suppl y has put hundreds of thousands of West Virginians at risk, severel y disrupted our reg ion’s economy , and upended people’s daily lives. M y 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 b ased 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 c ontainment 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 Do wntown Charleston. Etowah River Terminal operates 13 bulk tanks with a total liquid storage capacity of 4,000,000 gallons. 3 The 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 riv er. Some of that was contained.” 4 The 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 (A ccessed on 10 January 2014). 2 U.S. DOJ Website: http://www.justice.gov/usao/wvs/press_releases/Jan2014/attachments/011014Goodwin
chemical
- release
- statement.html (A ccessed on 10 January 2014). 3 See http://www.etowahriverterminal.com/services/default.htm (A ccessed on 10 January 2014). 4 See: http://www.cbsne ws.com/news/some
- people
- treated
- for
- water - related
- issues
- in
- w - va/ (Accessed on 10 January 2014).2

people who reported s ymptoms of water contaminati on 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. 5 Intotal 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 activ e small quantity generator; however th ere is no compliance or enfo rcement 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 acti vities. 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 an y compliance monitoring data previousl y submitted by the facility or any prior compliance and enforcement actions taken by the state.

5 Ibid. 6 Ibid.3 **Screenshot Showing Location of Facility (**  **Signs Shows Address as**  **“ 1015 B**  **ARLOW DR” )** 4