TABLE 1.

Environmental governance failures.

Environmental lawInstitutional failure that resulted in WV chemical spill
Toxic Substances Control Act
  • MCHM not regulated under TSCA (grandfathered), little information on health risk available

Safe Drinking Water Act
  • No drinking water standard for MCHM

  • Freedom Industries site not included in inventory for source water assessment

Clean Water Act
  • Freedom Industries site was for chemical storage, only storm water permit required (so no permit limits for MCHM)

  • No routine inspections conducted by WVDEP

Emergency Planning and Community Right to Know Act
  • Unclear if WVAW had a copy of Freedom Industries’ hazardous waste chemical inventory report prior to spill

  • WVAW had not completed a risk assessment for MCHM prior to spill

  • Local emergency planning committee meets monthly, but WVAW was not included