H. B. 4654
(By Delegates Brown, Guthrie, Hatfield, Hunt,
Poore, Skaff, Spencer, Wells, Armstead, Lane and Walters)
[Introduced February 22, 2010
; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §22-5-20, relating to
limiting storage of methyl isocyanate.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §22-5-20, to read as
follows:
ARTICLE 5. AIR POLLUTION CONTROL.
§22-5-20. Limitations on storage of methyl isocyanate.
(a) The Legislature finds that:
The containment of extremely hazardous chemicals transported,
stored and used for commercial production and manufacturing poses
an exceptionally serious public safety risk. An accident and
explosion in August of 2008 killed two people in Institute, West
Virginia, and potentially exposed tens of thousands of people to
methyl isocyanate in the greater Charleston, West Virginia area. Methyl isocyanate is the same chemical that killed thousands of
people in Bhopal, India in 1984. If a large release had occurred
at the Institute facility, thousands of residents could have been
injured or killed in areas surrounding the manufacturing facility.
Methyl isocyanate is a colorless liquid with a distinct sharp odor.
Due to the highly water-reactive nature of the chemical, this
compound may reside in the atmosphere for many days following
initial release. Human exposure to methyl isocyanate poses an
immediate danger to health by causing ophthalmic irritation,
respiratory problems and skin corrosiveness. Acute exposure to
high vapor concentrations causes pulmonary edema, restricted lung
capacity, and in many cases, death. Because of the proven severe
public and environmental risks associated with the storage and use
of methyl isocyanate, the Legislature finds it of compelling matter
of local safety concern to place a limit on the amounts of on-site
methyl isocyanate stored in manufacturing as well as transported
within locations of this state.
(b) Beginning July 1, 2010, no person that handles quantities
of methyl isocyanate shall possess more that five thousand pounds
at any manufacturing, storage or transport facility or location in
this state. Any person who violates this provision is subject to
a civil penalty not to exceed $20,000 for each day of the violation
which penalty shall be recovered pursuant to subsection (a) of
section six of this article.
NOTE: The purpose of this bill is to reduce the likelihood of
the creation of a major public health hazard associated with a leak
arising from the use and storage of methyl isocyanate in industrial
manufacturing operations.
This section is new; therefore, it has been completely
underscored.
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