SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee Meeting was held on January 11, 2007, at 6:32 p.m. with Chairman Hogan presiding. Members present were Mr. Carey, Mr. McGiffin, and Mr. Link. Mr. Lakeman was absent.
AGENDA ADDITIONS/DELETIONS
Mr. McGiffin moved for approval of the agenda, seconded by Mr. Carey and unanimously carried.
DISCUSSION/PUBLIC HEARING - AUGUST 25, 2006 REICHHOLD CHEMICAL INCIDENT
During their regular meeting of October 24, 2006, the Safety Advisory and Transportation Committee members decided that a public hearing should be held to discuss the August 25, 2006 Reichhold Chemical incident with an invitation being sent to those involved in the incident for further discussion.
Mr. Hogan stated that the purpose of the public hearing was to discuss what was learned from the August 25, 2006 incident, how procedures can be improved, to relay concerns, and ask questions of those who were involved in the incident. He also indicated that Mr. Scott Muir, representative of Norfolk Southern Corporation, was invited; however, he was unable to attend the meeting.
Mr. DePrima, City Manager, briefly reviewed the Reichhold Chemical Incident Report that was presented during the October 10, 2006 Special Safety Advisory and Transportation Committee meeting (Attachment #1). He indicated that his report was based on a detailed report provided by Dover Police Lt. Paul Bernat, who also serves as the Emergency Management Coordinator, and a time line of events provided by Dover Fire Chief Brian Bashista.
Mr. DePrima indicated that, in accordance with Delaware procedure, all public notices were handled through the Incident Command System (ICS); not by the City of Dover. He stated that DNREC took over command of the ICS from the Cheswold Fire Department Chief at approximately 3:28 a.m. on Saturday, August 26, 2006.
Mr. DePrima stated that Congressman Castle has introduced House of Representatives Bill 4106, Railroad Security and Public Awareness Act, which would increase funding for security on subway systems, commuter lines, freight rail cars, and Amtrak trains. This legislation would authorize funding for more canine units, communications systems, security technology, and more police officers. It would also authorize mandatory rail worker security training programs to prepare front-line employees for potential threat conditions. Mr. DePrima indicated that the committee may want to support this bill and suggested that it be reviewed by members. Mr. DePrima noted that the City of Wilmington has also developed a resolution expressing their concerns regarding hazardous materials being transported through the City.
Mr. Hogan declared the Public Hearing open.
Mr. James D. Werner, Director of DNREC Division of Air and Waste Management, indicated that Secretary John Hughes, DNREC, was unable to attend due to a previous engagement. He stated that the Air and Waste Management Division is responsible for hazardous waste cleanup, air pollution monitoring, accident release prevention program, environmental enforcement, and emergency response for the State of Delaware. Mr. Werner noted that his Division would generally provide hazmat technical assistance, such as air monitoring, data and communications support to emergency responders, as well as environmental enforcement. He indicated that once he was made aware of the incident, he questioned who had been informed in order to properly establish the command post.
Mr. Werner stated that styrene is a flammable chemical but does not have a high toxicity level and that it had solidified once it had reached the outside of the railcar.
Mr. Werner indicated that there are three (3) on-going enforcement actions with this incident. The first enforcement action is an on-going criminal enforcement investigation which cannot be publicly discussed. The second is an accident release prevention program that focuses on what steps or corrections should be taken to help prevent this type of incident from happening again. He noted that Dow Reichhold is cooperating in this effort. Mr. Werner stated that, with this step, they will focus on such items as extended storage procedures and the monitoring of railcars. The third is an on-going air pollution investigation for the site, noting that air pollution violations have been submitted to the State Department of Justice. Responding to Mr. Ruane, Mr. Werner indicated that regulations regarding the storage of railcars falls under Federal jurisdiction.
Mr. James Tuner, Director of the Delaware Emergency Management Agency (DEMA), stated that the State of Emergency Response Team (SERT) consists of the local Fire Officer in charge, Division of Air and Waste Management’s Environmental Response Branch and Enforcement Section, DEMA, Delaware State Fire School, Delaware State Police, and Division of Public Health.
Mr. Turner indicated that there are three (3) levels of SERT responses to any occurrence involving a hazardous material which causes the use of emergency resources and that the person in charge of managing the site is responsible for determining which SERT response is called. Mr. Turner stated that a Level 1 response would consist of the local fire department and Fire Officer in charge, with DNREC managing the site for the Fire Officer in charge, and the Delaware State Fire School. A Level 2 response would consist of all the persons listed in Level 1 as well as on-call representatives from the Delaware State Fire School and the Environmental Health Section of the Department of Public Health. Selected resources as determined by the Fire Officer in charge may also be called to respond to the incident. Mr. Turner stated that in a declared Level 3 hazmat incident on-call representatives that were listed above are required to report to the incident and DEMA would assume the role of on-scene coordinator. He further explained that these levels were developed after a 1982 hazmat accident involving a tanker truck carrying a moderately toxic material in southern New Castle County. Mr. Turner stated that, during the August 25, 2006 incident, the styrene air levels had a low odor threshold of approximately .09, meaning that it was very easily detectable but not necessarily harmful. He indicated that the air level threshold of possible harm would have to be about 1300 parts per million. Mr. Turner noted that he believed the Fire Officer in charge was correct in making a general announcement and informing the public of the on-going incident.
Mr. Turner indicated that the main concern was the possibility of the railcar exploding and discussions took place with other technical representatives regarding stabilizing the railcar. It was decided to monitor the pressure inside the tank and allow the product to go through its processes since stabilizing the railcar was not possible. Mr. Turner stated that, due to the risks involved, the residents within 1500 feet of the railcar were asked to leave their homes for the day as a safety precaution.
Mr. Michael Galbus, Plant Manager for Dow Reichhold, stated that, since the incident, Dow Reichhold has been fully cooperating with DNREC and is making progress on a number of safety and processing improvements such as enhanced railcar and tank monitoring.
Mr. Galbus indicated that Dow Reichhold held a meeting with residents and business owners approximately ten (10) days after the incident to discuss the steps taken and how procedures could be improved. It was determined that residents felt information regarding the incident was not publicized as quickly as they would have liked and that a better effort of going door-to-door should have been made. He also stated that residents commented favorably on their ability to access medical personal and toxicologists by dialing a toll free phone number to have their health related questions answered. Mr. Galbus indicated that an evaluation of the emergency response personnel determined that they responded promptly, were well trained, and that a high level of cooperation while handling the situation was witnessed.
Responding to Mr. Hogan, Mr. Galbus stated that Dow Reichhold railcars are stored at the New Burton Road site and indicated that he would provide information on whether or not the railcar involved in the incident was ever stored at the New Burton Road site.
Mr. Jerry Llewellyn, Division of Public Health, stated that his Division was a part of the SERT Level 3 response. He indicated that, according to OSHA, health effects from styrene exposure are not generally felt until air levels reach approximately 50 - 100 parts per million. Mr. Llewellyn stated that due to the swirling winds the night of the incident, a true reading of styrene air levels could not be determined; however, a reading was taken the following day with the highest number reaching 12 parts per million. Mr. Llewellyn stated that tests taken of area wells came back clean.
Mr. Llewellyn indicated that there was one (1) exposure case reported at Wilmington College and another involving an automobile which drove through the styrene plume. Once through the plume, the driver kept the windows up which trapped the collected material in the automobile. He stated that the driver took the passengers (children) to Bayhealth Hospital for treatment and then, during the following two (2) weeks, to hospitals located in Philadelphia, PA, Baltimore, MD, and Washington, D.C. Mr. Llewellyn indicated that it was determined that the symptoms were not those of styrene exposure.
Mr. Llewellyn indicated that it would have been helpful to know what the adjacent railcars were carrying just in case the ruptured railcar had exploded.
Mr. Al Angel, Third (3rd) District Levy Court Commissioner, indicated that this incident was detected when an employee of DNREC used his nose and followed the smell to the location of the spill. He suggested that they should be commended, as well as all others who responded to the incident. Mr. Angel also stated that using Dover High School as an evacuation center was not a good idea due to the close proximity to the incident.
Mr. Angel noted that parts per million refers to exposure to an adult; not a child or animal, and he felt that more research must be done. He also indicated that not everyone responds to medicines or chemicals the same way and the hospitals should be aware of how to treat individual cases and that follow-ups should be completed on each case.
Mr. Angel stated that Reichhold is a member of the Local Emergency Plan Committee (LEPC) which requires all companies to provide them with information on the types of chemicals that are handled. He indicated that Reichhold should have someone in house who knows how to manage or deal with chemical spills instead of having to fly someone in from out of state. Mr. Angel suggested that companies, such as Reichhold Chemical, should set up escrow accounts to help defer the medical costs of the citizens affected by future incidents.
Ms. Ann Rider, 124 Blue Beach Drive, stated that she was disappointed in the overall response by the State and the City of Dover to the Reichhold Chemical incident and that warnings did not come soon enough. She also indicated that, in the future, rather than utilizing the Reverse 911 System, media resources should be contacted and a special siren should be used to prompt residents to turn on their radios or televisions for a special announcement. Ms. Rider recommended that the City of Dover act upon the June 1978 Resolution and that dangerous chemicals should be prohibited from being stored along New Burton Road.
Mr. Harry Fillman, 1203 Walker Road, stated that there was poor communication in relaying information to residents and he felt that an education program, such as the bomb shelter type programs during World War II, should be considered. He also suggested that a shelter could be built to house the stored chemical railcars and monitoring of the air inside the shelter could be done as a warning system.
Mr. Charles Miriella, 316 Frear Drive, stated that he, too, felt there was poor communication in relaying information to residents and originally thought the Reverse 911 System phone call was a prank.
Mrs. Frances Boyles, 89 Birdsong Lane, stated that she, along with the children riding in her car, encountered the styrene plume while driving to Delaware Technical and Community College to play tennis. She indicated that once she and the children became exposed to the chemical she immediately dialed 911 and informed them of the situation. Mrs. Boyles noted that information was not provided to her regarding this incident and that her children have been ill ever since the exposure. She felt that there should be follow-up done on each individual exposure case.
Representative Nancy Wagner, 31st District, indicated that there were a lot of recommendations made on how to improve communication efforts during a public hearing that was held at Legislative Hall approximately two (2) weeks after the event. She stated that she is anxious to hear how the State agencies that were in attendance are going to implement the changes in their plans and operations.
Responding to Mr. Hogan, Representative Wagner stated that she will provide him with a copy of the public hearing minutes.
Mr. Hogan declared the public hearing closed.
Mr. Hogan stated that, based on the comments, it was obvious that the communication process needs to be improved and that utilizing the Reverse 911 System is a long process. He felt that public announcements during a similar situation could be provided to citizens by utilizing the City website and by utilizing local radio and television stations.
Mr. Hogan indicated that there was a lot of discussion regarding railcars being stored within city limits and noted that there are also trucks with tankers driving through the City on a regular basis that need to be monitored as well.
Responding to Mr. Ruane, Mr. Galbus indicated that Reichhold Chemical does store railcars along New Burton Road and that the location is set and controlled by the Federal Railroad Administration. Mr. Galbus stated that Reichhold is currently investigating the possibility of using an onsite location as a storage facility instead of the New Burton Road site.
Responding to Mr. Ruane, Mr. Galbus noted that he would provide him with a list of chemicals that are stored at the New Burton Road site.
Responding to Mr. Link, Mr. Galbus stated that Reichhold follows a purchase order process that would indicated the time frame of delivery for a railcar. He also noted that he has been in contact with Mrs. Boyles regarding information on the chemical that was stored inside the ruptured railcar and is assisting in setting up a meeting with Mrs. Boyles and Reichhold’s contracted toxicologist.
Responding to Mr. Hogan, Mr. Llewellyn stated that every call taken was documented by Reichhold Chemical and that emergency room physicians do have material regarding the treatment of chemical exposures.
Mr. Werner stated that DNREC publishes an annual report, which is available to the public, called the Delaware Toxics Release Inventory Report. The report provides information on the types of toxic chemicals processed, manufactured, and/or released by Delaware facilities.
Mr. Hogan stated that he would send a letter to Mr. Muir of the Norfolk Southern Corporation inviting him or a representative to attend a Safety Advisory and Transportation Committee meeting to discuss this incident further and to see what suggestions he may offer regarding the handling of any such future incidents.
Mr. Carey moved for adjournment, seconded by Mr. Link and unanimously carried.
Meeting Adjourned at 8:16 P.M.
Respectfully submitted,
Kenneth L. Hogan
Chairman
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S:ClerksOfficeAgendas&MinutesCommittee-Minutes20071-11-2007 SA&T PHREV.wpd
Attachments to Original Minutes and File Copy
Attachment #1 - City Manager’s Report - Reichhold Chemical Incident