Union Carbide Story Archives - Page 2 of 6 - West Virginia Public Broadcasting

Appalachian Literature And Banned Books, This West Virginia Week

On this West Virginia Week, we have a decidedly literary slant as we hear from Shepherd University’s 2023 Appalachian Writer-in-Residence, and we also learn about Banned Book Week.

On this West Virginia Week, we have a decidedly literary slant as we hear from Shepherd University’s 2023 Appalachian Writer-in-Residence, and we also learn about Banned Book Week.

We’ll also hear feature stories about an elementary school turned community center, and Inside Appalachia brings us the story of a Pittsburgh artist making locally-inspired tarot cards.

Chris Schulz is our host this week. Our theme music is by Matt Jackfert.

West Virginia Week is a web-only podcast that explores the week’s biggest news in the Mountain State. It’s produced with help from Bill Lynch, Briana Heaney, Caroline MacGregor, Chris Schulz, Curtis Tate, Emily Rice, Eric Douglas, Liz McCormick, and Randy Yohe.

Learn more about West Virginia Week.

Courtland Calls Union Carbide Ruling A ‘David Versus Goliath Victory’

A company that took Union Carbide to court over a hazardous waste dump celebrated a favorable ruling from a federal judge.

Courtland Company, which sued Union Carbide beginning in 2018, called the outcome a “David versus Goliath victory.”

Late last week, U.S. District Judge John T. Copenhaver Jr., in a 400-page decision, found that Union Carbide had violated federal law by creating an illegal open dump in South Charleston.

In testimony last year in Charleston, Courtland’s lawyers showed evidence that Union Carbide had dumped toxic substances in the landfill over a 30-year period and had not sought any permits from the state or federal government.

Testing revealed the presence of contaminants in Davis Creek, a tributary of the Kanawha River.

If Copenhaver’s ruling stands, Union Carbide will pay for the cleanup of soil and water contamination and could face civil penalties under the Clean Water Act.

In a statement, Union Carbide, a subsidiary of Dow Chemical, noted that Copenhaver dismissed two of four pending lawsuits against it.

The company added that it is working with the West Virginia Department of Environmental Protection to clean up the Filmont Landfill under the department’s Voluntary Remediation Program. That effort began before last year’s trial and continues today, the company said.

Federal Judge Rules Against Union Carbide In South Charleston Landfill Case

A federal judge in Charleston has ruled against Union Carbide, ordering the company to pay for the cleanup of a hazardous materials site in South Charleston.

This story has been clarified to reflect that the penalty phase of the trial will take place at a later date.

A federal judge in Charleston has ruled against Union Carbide, finding the company in violation of federal law over a hazardous materials site in South Charleston.

Judge John T. Copenhaver Jr., of the U.S. District Court for the Southern District of West Virginia, in a 400-page ruling dated Sept. 28, said Union Carbide is responsible for the cleanup of the Filmont site, where numerous hazardous substances were dumped from the 1950s to the 1980s, under the federal Superfund law, or CERCLA.

Copenhaver ruled the Filmont site violated the Resource Conservation and Recovery Act, creating an illegal “open dump.” Union Carbide also violated the federal Clean Water Act, which required the company to seek a permit from the U.S. Environmental Protection Agency for stormwater runoff from an adjacent railyard it owns.

Copenhaver’s ruling mostly favors the Courtland Company, which had first sued Union Carbide in 2018 over contamination of its property from the Union Carbide landfill and railyard.

Copenhaver dismissed two of the pending lawsuits against Union Carbide. And he also ruled that Courtland is responsible for cleaning up contamination on its South Charleston property that was not caused by Union Carbide.

Both properties are adjacent to Davis Creek, a tributary of the Kanawha River. The Filmont landfill is located in the city of South Charleston, down the hill from the Union Carbide Tech Center, which is also on the Superfund list, and across Davis Creek from where the West Virginia Division of Highways is performing major construction on the Jefferson Road interchange.

The penalty phase of the trial will take place at a later date.

The case was the subject of an 18-day trial in Charleston last year.

Union Carbide had argued that it was not required to remediate the site under CERCLA, the site was not an “open dump” and it was not required to seek a permit from the EPA.

Copenhaver, 98, is one of the last active federal judges nominated by President Gerald Ford. Copenhaver was confirmed to the federal bench in 1975.

Union Carbide is a subsidiary of Dow Chemical.

View previous reporting on this issue from West Virginia Public Broadcasting here.

Union Carbide Seeks Renewal Of Air Permit At Institute Plant

Union Carbide transfers ethylene oxide from railroad tank cars to storage tanks in Institute, where it is then distributed to facilities in Institute and South Charleston.

Union Carbide is seeking to renew an air quality permit for its Institute plant, which emits a flammable gas that’s a known carcinogen.

Ethylene oxide is a colorless, flammable gas with a sweet odor. It’s used to make antifreeze, as well as pesticides and sterilizing agents.

Union Carbide transfers ethylene oxide from railroad tank cars to storage tanks in Institute, where it is then distributed to facilities in Institute and South Charleston.

Despite a flaring system to control fugitive emissions, some of the gas does escape.

According to Union Carbide’s permit application with the Department of Environmental Protection, the Institute facility emits 400 pounds of ethylene oxide per year, with the potential to emit as much as three tons.

DEP and the U.S. Environmental Protection Agency are monitoring ethylene oxide levels in the air in the Kanawha Valley. They are supposed to release a report by the end of this year.

The public can comment on Union Carbide’s permit application through Nov. 14. The permit number is R30-03900005-2022.

W.Va. Chemical Valley Featured In Film Documentaries

West Virginia’s community of Institute is featured in two documentaries that examine environmental safety and accountability. Both films will be screened outdoors on Thursday, Oct. 5 at Institute's Shawnee Regional Park.

West Virginia’s community of Institute is featured in two documentaries that examine environmental safety and accountability.

The mini-documentaries are part of the series “Films for Our Future” and are hosted by Our Future West Virginia and the North Carolina production company, Working Films.

Chemical Valley follows the community of Institute in Kanawha County and explores the conflict of an economy dependent on chemical plants.

Out of Air examines what happens when environmental resources are turned into a commodity and ultimately who benefits.

Kathy Ferguson, interim executive director of Our Future West Virginia, said the movies underscore how communities of color and lower wealth are disproportionately impacted by environmental injustices.

She said Chemical Valley highlights the conflict and struggles of economies that rely on jobs from plants that produce chemical emissions like ethylene oxide.

“It’s just a new chemical,” Ferguson said. “I like to refer to it as the chemical du jour that we’re having to suffer and struggle with, and how we can stop these things from happening.”

According to the West Virginia Department of Environmental Protection, Union Carbide and Specialty Products have emitted ethylene oxide at sites near Institute and South Charleston.

The federal Environmental Protection Agency’s 2018 National Air Toxics Assessment data revealed that six of 90 census tracts with the highest cancer risk from the chemical were in Kanawha County.

Ferguson said Out of Air explores what can happen in the future if toxic air pollution is not stopped by transitioning away from petrochemical industries and reducing the carbon footprint.

She said filmmaker Jessie B. Evans and his futuristic sci-fi short film captures the impact of past tragic incidents and the future of chemical emissions like ethylene oxide in the valley.

Both films will be screened outdoors on Thursday, Oct. 5 at Institute’s Shawnee Regional Park.

Chemical Valley will be shown again at Floralee Hark Cohen Cinema in Charleston on Oct. 10, 17 and 24.

Cancer Causing Chemical Subject Of Kanawha Co. Public Hearing

The West Virginia Department of Environmental Protection (DEP) will hold its second in-person meeting this Thursday, Aug. 18, to discuss ethylene oxide emissions in western Kanawha County.

Updated on Aug. 16, 2022 at 11 a.m.

The West Virginia Department of Environmental Protection (DEP) will hold its second, in-person meeting this Thursday, Aug. 18, to discuss ethylene oxide emissions in western Kanawha County.

The chemical has been classified as a carcinogen by federal regulators, raising concerns about the heightened risk of cancer to local residents.

During a four part sampling project of atmospheric levels of the chemical over a period of several months earlier this year, the highest concentrations of ethylene oxide were found near Institute.

The DEP says Union Carbide and Specialty Products have emitted ethylene oxide at sites near Institute and South Charleston.

Data from the Environmental Protection Agency’s 2018 National Air Toxics Assessment
revealed six of 90 census tracts with the highest cancer risk from the chemical were in Kanawha County.

The Aug. 18 meeting will be held at the Schoenbaum Center in Charleston from 6 to 8 p.m.

**Editor’s Note: A previous version of this story incorrectly stated the public hearing would be held Aug. 16. The correct date is Thursday, Aug. 18 at 6 p.m.