Judge Dismisses Part of Industrial Fire Lawsuit

A federal judge has dismissed part of a lawsuit in connection with an industrial fire in West Virginia.

The Parkersburg News and Sentinel reports U.S. District Judge Thomas E. Johnson dismissed most of the claims made in a class action lawsuit. The lawsuit was one of several filed in the aftermath of the Oct. 2017 fire at a 420,000-foot warehouse owned by Intercontinental Export Import Inc., or IEI Plastics.

The lawsuit alleged the fire exposed the plaintiffs to pollutants, horrific odors and air contaminants. Johnson dismissed all of the claims except for negligent infliction of emotional distress.

Attorney Jim Leach represents the plaintiffs. He told the newspaper he and other attorneys would be reviewing the order and considering their options.

New Industrial Fire Lawsuit Targets Chemical Manufacturer

A new lawsuit over the industrial fire that burned for a week in West Virginia targets the chemical manufacturer who sold products stored in the building.

The Charleston Gazette-Mail reports the case filed Tuesday says DuPont Co. “breached its duty of care” by selling hazardous, flammable materials to the warehouse owned by owned by Intercontinental Export Import Inc., or IEI Plastics, and didn’t ensure materials sold were safely stored and handled.

The blaze at the 420,000-square-foot (39,000-square-meter) property in Parkersburg began Oct. 21 and was extinguished Oct. 29. The lawsuit says area residents were exposed to hazardous materials as a result of the fire and chemical explosion.

DuPont declined to comment to the newspaper, but a spokesman previously said the company wasn’t directly affiliated with the warehouse.

Suits Over West Virginia Warehouse Fire in Federal Court

Three lawsuits seeking damages following the industrial warehouse fire that burned for a week in Parkersburg have been moved from state to federal court.

The Charleston Gazette-Mail reports that the defendants sought the transfer from Wood County Circuit Court because of the large number of plaintiffs and sum of money in question.

The blaze began Oct. 21 in the 420,000-square-foot (39,000-square-meter) property owned by Intercontinental Export Import Inc., or IEI Plastics.

The lawsuits allege IEI and others failed to take appropriate steps to prevent the fire, that people in West Virginia and Ohio exposed to the smoke and airborne particles will require medical monitoring and that possible damages exceed $5 million.

Parkersburg Fire: IEI Provides 500-Plus Pages of Warehouse Inventory to DEP

State environmental regulators say the owner of a Parkersburg warehouse that caught fire last month has handed over 551 pages worth of documents.

 

Warehouse owner Intercontinental Export Import provided the documents in response to an order the West Virginia Department of Environmental Protection issued the week after the fire.

 

The documents in the updated inventory include a map of the facility and safety data sheets. IEI’s inventory indicates that thousands of tons of various types of plastic pellets and other related materials were stored at the facility.

“Neither DEP nor Incident Command has concluded that these documents provide a complete and accurate accounting of the site’s contents at the time of the fire,” said Department of Military Affairs and Public Safety spokesman Larry Messina.

IEI has also provided the DEP a proposed Plan of Corrective Action, which the agency’s Environmental Enforcement section is reviewing, according to a news release.

Wood County officials say expenses for response to the fire total more than $1.44 million. That bill has been passed off to the state. County officials expect IEI parent company SurNaik Holdings and their insurance carrier to reimburse the county and state for the costs of fighting the fire.

The fire started October 21 and burned for more than eight days.

 

W.Va. DEP's Air Monitoring Not Enough On Its Own Following Parkersburg Fire, Experts Say

It’s been more than two weeks since an industrial fire began in Parkersburg at a recycled plastics warehouse and burned for more than eight days. It’s still largely unknown what exactly burned that week, which continues to raise concerns for some over how the fire impacted the area’s air quality.

Two air quality experts say, after reviewing air monitoring results from a variety of responding agencies, efforts by the West Virginia Department of Environmental Protection weren’t thorough enough to determine potential threats to public safety.

Dr. Anthony Wexler of the University of California, Davis’ Air Quality Research Center has questions about initial air monitoring results from the West Virginia and Ohio state environmental regulatory agencies. Samples were collected during the first few days while the plastics fire burned in South Parkersburg, near a residential area.

“You look at the plume of smoke coming out of that fire and you look at the numbers on those measurements and they’re just they just don’t reconcile with each other. But the numbers and the measurements are basically zero. They didn’t find anything.,” said Wexler.

 

“And certainly if you’re at the right distance from the fire it was close, but not too close. And that’s what you’re going to see because the smoke is going straight up and you’re going to see nice fresh air there. But, somewhere, that stuff coming back down again and people are hopefully not living where that happens. But, that’s the key to doing this measurement properly.”

Wexler said the numbers shown indicate that DEP and Ohio EPA didn’t capture any of the plume and, therefore, doesn’t accurately reflect what might’ve been a threat to public safety. He also noted that additional monitoring from Arkansas-based consultants Center for Toxicology and Environmental Health was more detailed due to particle phase analysis, in addition to gas phase analysis.

Dr. Kevin Crist of Ohio University’s Center for Air Quality — whose program receives funding from the Ohio EPA — said West Virginia DEP’s testing was not thorough. He questioned the monitoring equipment the agency deployed. DEP used handheld devices that read the air quickly but vaguely, only testing for non-specific volatile organic compounds, as well as ammonia, carbon monoxide, hydrogen sulfide and chlorine.

“You do want those direct reading instruments that are not very specific and not that totally accurate, but good enough,” said Crist. “I think after I see all of [the monitoring from additional agencies], I would say the risk levels to the population as a whole were pretty low during this fire. But I don’t think you could say that just from what the DEP was reporting.”

Crist said combined efforts and methodologies from all responding agencies, which included gas canister captures, provided a better idea of what was in the air — given that no one knew what materials were being stored at the facility. He said the West Virginia DEP likely was counting on that level of analysis from other agencies.

“Maybe [the West Virginia DEP] were relying on Ohio EPA to do the gas canister sampling or maybe they thought the consultants were there. But, you know, their sampling seemed to be not comprehensive,” said Crist.

Over the course of a week — and after multiple requests for interviews and clarifications about air monitoring methods — DEP chief communications officer Jake Glace confirmed via email that the agency “focused on sampling that it had the capability to perform, knowing that it would not be the only sampling conducted.”

Glance also noted the agency’s use of the Division of Air Quality’s stationary monitor in neighboring Vienna, which detected nearly twice the level of particulate matter on Sunday, a day after the fire began, as compared to the Thursday prior to the blaze.

Wood County Commissioner Blair Couch said he appreciated the DEP’s rapid response, but recognized shortcomings in the agency’s monitoring capabilities, which is why he quickly contracted the environmental consulting firm Center for Toxicology & Environmental Health.

“It was quickly decided on Sunday night or first thing Monday morning that we’ve got an intelligence gap,” said Couch. “So, we had to go find an outside vendor at a cost to the taxpayer that provided us a high level and the community monitoring — and they even went inside buildings and the schools. I was not going to be here in December trying to explain why people were coughing up blood now.”

At various points, CTEH’s monitoring detected what Dr. Crist of Ohio University described as “very high” levels of particulate matter weighing 2.5 microns or less. He noted that short-term exposure at those levels doesn’t necessarily pose any particular health risks, but further analysis of the particulate matter should be done to know its exact makeup.

DEP provided sampling data to Incident Command, who consulted with local hospital officials and the county health department to determine whether to issue evacuate or shelter-in-place orders should be issued. The county issued a voluntary shelter in place in the days following the fire.

The federal Agency for Toxic Substances and Disease Registry reported last week there were dangerous spikes in particulate matter after midnight until dawn the first day of the fire, according to its air quality index. Such measurements indicate that people with heart and lung disease, older adults and children should have remained indoors under those conditions.

West Virginia Warehouse Fire Produced Initial Hazardous Soot

West Virginia emergency officials say federal guidance following the warehouse fire that smoldered for more than a week in South Parkersburg shows spikes in the soot initially detected in the air.

The blaze began early on Oct. 21 in the 420,000-square-foot (39,000-square-meter) property is owned by Columbia, Maryland-based Intercontinental Export Import Inc., which says it buys and sells an array of recycled plastics worldwide.

The federal Agency for Toxic Substances and Disease Registry says spikes in particulate matter occurred from after midnight until dawn the first day and ranged up to hazardous on its air quality index, meaning people with heart and lung disease, older adults and children should remain indoors.

It reports air quality improved the weekend following the fire, with air quality ranging from moderate to good.

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