Bayer CropScience to Enhance Safeguards at Chemical Facilities in 4 States to Settle Violations at W. Va. Plant

CHARLESTOWN, W.Va. (Sept. 21, 2015) - The E.P.A. and the U.S. Department of Justice today announced a $5.6 million settlement with Bayer CropScience LP to resolve violations of federal chemical accident prevention laws at its facility in Institute, W.Va. where an explosion killed 2 people in 2008. Under the settlement, Bayer CropScience committed to spending approximately $452,000 on a series of measures to enhance safety at chemical storage facilities across the U.S. and $4.23 million to enhance emergency preparedness and response in Institute and protect the Kanawha River. Bayer CropScience will also pay a $975,000 penalty.

"The multiple safety failures that existed at this facility that led to a loss of life, demonstrates why safeguards are necessary to protect people's health and the environment," said E.P.A. mid-Atlantic Regional Administrator Shawn M. Garvin. "This settlement will incorporate worker safety training, as well as emergency preparedness and response capabilities at this plant and a number of other Bayer facilities, ensuring the protection of workers, the public and the environment from accidental chemical delivers that are preventable."

Under the settlement, Bayer CropScience will take a series of steps to prevent future chemical delivers at its facilities in West Virginia, Texas, Missouri and Michigan by improving inspections to identify potential safety issues and standardize facility safety operating procedures. At the facility in Institute, the company will conduct emergency response exercises with local responders and ensure proper certification of facility environmental management systems. Bayer must complete the rity of these actions within 3 years.

The nearly $4.23 million for environmental plans will benefit the Institute community by improving mobile communications for local 1st responders, providing emergency response equipment and training for local fire and police departments, shelter-in-place training and hazardous waste collections at local public schools and installing equipment to prevent pollution from water used in Bayer CropScience's manufacturing process from reaching the Kanawha River. Local emergency responders may start receiving equipment as early as December 2015.

The complaint details numerous problems that arose at the pesticide manufacturing facility where the company did not comply with its risk management project designed to prevent accidental releases. In 2008, a new digital control system was installed, but safety interlock associated with the control system was not properly engaged at startup. Employees were not fully trained to understand or operate the system and failed to follow procedures for sampling, temperature control and flow safeguards. The result was an uncontrollable buildup in a treatment unit causing a chemical reaction resulting in the explosion, fire and loss of life. During the incident, the company delayed emergency officials trying to access the plant, and failed to provide adequate information to 911 operators.

The consent decree, lodged in the U.S. District Court for the Southern District of West Virginia, is subject to a 30-day public review period and approval by the federal court.

For a copy of the complaint and consent decree: http://www.justice.gov/enrd/consent-decree/us-v-bayer-cropscience-lp

For more information about the Clean Air Act's Risk Management Plan requirements: http://www.epa.gov/compliance/monitoring/programs/caa/112r.html and http://www.epa.gov/oem/content/rmp/.

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