IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
UNITED STATES OF AMERICA,
Plaintiff,
v.

Civ. No. ______________

BAYER CROPSCIENCE LP,
Defendant.
CONSENT DECREE

 TABLE OF CONTENTS
I.

JURISDICTION AND VENUE ..............................................................................1

II.

APPLICABILITY ....................................................................................................2

III.

DEFINITIONS .........................................................................................................3

IV.

CIVIL PENALTY ....................................................................................................6

V.

COMPLIANCE REQUIREMENTS........................................................................7

VI.

REVIEW OF DELIVERABLES ...........................................................................12

VII.

SUPPLEMENTAL ENVIRONMENTAL PROJECTS.........................................14

VIII.

REPORTING REQUIREMENTS .........................................................................19

IX.

STIPULATED PENALTIES .................................................................................21

X.

FORCE MAJEURE ...............................................................................................24

XI.

DISPUTE RESOLUTION .....................................................................................26

XII.

INFORMATION COLLECTION AND RETENTION ........................................28

XIII.

EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS ..............................30

XIV. COSTS ...................................................................................................................32
XV.

NOTICES ...............................................................................................................32

XVI. EFFECTIVE DATE ...............................................................................................34
XVII. RETENTION OF JURISDICTION .......................................................................34
XVIII. MODIFICATION ..................................................................................................34
XIX. TERMINATION ....................................................................................................35
XX.

PUBLIC PARTICIPATION ..................................................................................35

XXI. SIGNATORIES/SERVICE....................................................................................36
XXII. INTEGRATION ....................................................................................................36
XXIII. FINAL JUDGMENT .............................................................................................37
XXIV. APPENDICES .......................................................................................................37

i

 Plaintiff United States of America, on behalf of the United States Environmental
Protection Agency (“EPA”), has filed a complaint in this action concurrently with this Consent
Decree, alleging that Defendant violated section 112(r) of the Clean Air Act, 42 U.S.C.
§ 7412(r), in connection with a runaway chemical reaction at its pesticide manufacturing facility
located in Institute, West Virginia on August 28, 2008 that led to an explosion that killed two
people.
The Complaint alleges that Defendant failed to comply with section 112(r)(7) of the
Clean Air Act, 42 U.S.C. § 7412(r)(7), and with its regulations, the Chemical Accident
Prevention Provisions at 40 C.F.R. part 68. The Complaint further alleges that Defendant failed
to fulfill its general duty of care under section 112(r)(1) of the Clean Air Act, 42 U.S.C.
§ 7412(r)(1).
Defendant does not admit any liability to the United States arising out of the transactions
or occurrences alleged in the Complaint.
The Parties recognize, and the Court by entering this Consent Decree finds, that this
Consent Decree has been negotiated by the Parties in good faith and will avoid litigation between
the Parties and that this Consent Decree is fair, reasonable, and in the public interest.
NOW, THEREFORE, before the taking of any testimony, without the adjudication or
admission of any issue of fact or law except as provided in Section I, and with the consent of the
Parties, IT IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows:
I. JURISDICTION AND VENUE
1.

This Court has jurisdiction over the subject matter of this action, pursuant to 28

U.S.C. §§ 1331, 1345, and 1355, and section 113(b) of the Clean Air Act, 42 U.S.C. § 7413(b),
and over the Parties. Venue is proper in this judicial district pursuant to section 113(b) of the

1

 Clean Air Act, 42 U.S.C. § 7413(b), and 28 U.S.C. §§ 1391(b), 1391(c) and 1395(a), because
Defendant is located, and a substantial part of the events or omissions giving rise to the claim
occurred, in this judicial district. For purposes of this Decree, or any action to enforce this
Decree, Defendant consents to the Court’s jurisdiction over this Decree and any such action and
over Defendant and consents to venue in this judicial district.
2.

For purposes of this Consent Decree, Defendant agrees that the Complaint states

claims upon which relief may be granted pursuant to section 113(b) of the Clean Air Act, 42
U.S.C. § 7413(b).
II. APPLICABILITY
3.

The obligations of this Consent Decree apply to and are binding upon the United

States, and upon Defendant and any successors, assigns, or other entities or persons otherwise
bound by law.
4.

As of the date that BCS neither owns or operates a CAA 112(r) Process at a BCS

Facility or an Enhanced FSA Facility, BCS need not comply with performance obligations under
Paragraphs 11–14 with respect to that CAA 112(r) Process. No transfer of ownership or
operation of any BCS Process at Institute, any BCS Facility, or any Enhanced FSA Facility,
whether in compliance with the procedures of this Paragraph or otherwise, will relieve Defendant
of its obligation to ensure that all other terms of the Decree, including all Supplemental
Environmental Projects, are implemented. At least 30 days prior to the transfer of any BCS
Process at Institute, any BCS Facility, or any Enhanced FSA Facility, Defendant shall provide
written notice of the prospective transfer and a copy of the proposed written transfer agreement
to the United States in accordance with Section XV of this Consent Decree (Notices). At least 30

2

 days prior to the transfer of any BCS Process at Institute, Defendant shall also provide a copy of
this Consent Decree to the proposed transferee.
5.

Defendant shall provide a copy of this Consent Decree to: (i) all officers,

employees, and agents whose duties might reasonably include compliance with any provision of
this Decree; and (ii) any contractor retained to perform work required under this Consent Decree.
6.

In any action to enforce this Consent Decree, Defendant shall not raise as a

defense the failure by any of its officers, directors, employees, agents, or contractors to take any
actions necessary to comply with the provisions of this Consent Decree.
III. DEFINITIONS
7.

Terms used in this Consent Decree that are defined in the Act or in regulations

promulgated pursuant to the Act have the meanings assigned to them in the Act or such
regulations, unless otherwise provided in this Decree. Whenever the terms set forth below are
used in this Consent Decree, the following definitions apply:
a.

“All” or “any” means “any and all”;

b.

“BCS” means Bayer CropScience LP;

c.

“BCS Facility” means each facility listed in Appendix A and any facilities

located in the United States built or purchased by BCS after the Effective Date of this Consent
Decree until the Decree is terminated pursuant to Section XIX (Termination), and subject to the
jurisdiction of the Process Safety Management of Highly Hazardous Chemicals Standard (“PSM
Standard”), 29 C.F.R. § 1910.119, or the Chemical Accident Prevention Provisions, 40 C.F.R.
part 68;
d.

“BCS Processes at Institute” means the Larvin unit and the No. 2

Powerhouse, insofar as these processes are owned or operated by BCS, as well as any process

3

 unit that BCS acquires or starts up at the Institute Plant after signature of this Consent Decree by
BCS;
e.

“CAA 112(r) Process” means any process that is regulated under Section

112(r) of the Clean Air Act, 42 U.S.C. § 7412(r);
f.

“Complaint” means the complaint filed by the United States in this action;

g.

“Consent Decree” or “Decree” means this Decree and all appendices

attached hereto (listed in Section XXIV);
h.

“Day” means a calendar day unless expressly stated to be a business day.

In computing any period of time under this Consent Decree, where the last day would fall on a
Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next
business day;
i.

“Defendant” means Bayer CropScience LP;

j.

“Deliverable” means a plan, report, or other item that Defendant submits

to the EPA pursuant to this Decree;
k.

“Digital Control System” or “DCS” means any electronic control system

that records or controls data;
l.

“Enhanced FSA Facilities” means each of the following facilities:
i.

The BCS Processes at Institute;

ii.

BCS’s facility at 8400 Hawthorne Road, Kansas City, Missouri;

iii.

BCS’s facility at 1740 Whitehall Road, Muskegon, Michigan;

iv.

BCS’s facility in 1500 East Delano Avenue, Littlefield, Texas;

v.

BCS’s facility in 103 Erskine Street, Lubbock, Texas; and

4

 vi.

All facilities built or purchased by BCS after the Effective Date of

this Consent Decree until the Decree is terminated pursuant to Section XIX (Termination) that
are required to prepare a Risk Management Plan pursuant to section 112(r) of the Clean Air Act,
42 U.S.C. § 7412(r), and its regulations at 40 C.F.R. part 68;
m.

“Enhanced FSA Procedures” is defined in Paragraph 12.

n.

“EPA” means the United States Environmental Protection Agency and

any of its successor departments or agencies;
o.

“Effective Date” is defined in Section XVI;

p.

“Facilitated Self-Assessment” or “FSA” means a “compliance audit” that

complies with the regulatory requirements of 40 C.F.R. § 68.79 and 29 C.F.R. § 1910.119(o);
q.

“Institute Plant” means the industrial park located on approximately 400

acres along the Kanawha River and having the address West Virginia Rte. 25, Institute, WV
25112, including any portions of such property operated by other entities. To avoid any
confusion, the purpose of this definition is the demarcation of real property;
r.

“Month,” when computing any period of time under this Consent Decree,

means the period between and including a date in the starting month (e.g., January 12) and the
day before that date in the next calendar month (e.g., February 11);
s.

“Paragraph” means a portion of this Decree identified by an Arabic

t.

“Parties” means the United States and Defendant;

u.

“Section” means a portion of this Decree identified by a Roman numeral;

v.

“SEP” means a supplemental environmental project;

numeral;

5

 w.

“Stages of Operation” means any condition under which a process is

operated and may include startups, normal operations, temporary operations, emergency
shutdown, normal shutdowns, and startups following turnarounds or emergency shutdowns;
x.

“Standard Operating Procedures” or “SOPs” shall have the same meaning

as Operating Procedures referenced in 29 CFR 1910.119(f) and 40 C.F.R. § 68.69;
y.

“State” means the State of West Virginia;

z.

“United States” means the United States of America, acting on behalf of

aa.

“Year,” when computing any period of time under this Consent Decree,

the EPA; and

means the period between and including a date in the starting month (e.g., January 2, 2000) and
the day before that date in the next calendar year (e.g., January 1, 2001).
IV. CIVIL PENALTY
8.

Within 30 Days after the Effective Date of this Consent Decree, Defendant shall

pay the sum of $975,000 as a civil penalty.
9.

Defendant shall pay the civil penalty due by FedWire Electronic Funds Transfer

(“EFT”) to the U.S. Department of Justice in accordance with written instructions to be provided
to Defendant, following entry of the Consent Decree, by the Financial Litigation Unit of the U.S.
Attorney’s Office for the Southern District of West Virginia. At the time of payment, Defendant
shall send a copy of the EFT authorization form and the EFT transaction record, together with a
transmittal letter that states that the payment is for the civil penalty owed pursuant to the Consent
Decree in United States v. Bayer CropScience LP and references the civil action number and
DOJ case number 90-5-2-1-10802, to the United States in accordance with Section XV of this
Decree (Notices); by email to acctsreceivable.CINWD@epa.gov; and by first class mail to:

6

 EPA Cincinnati Finance Office
26 Martin Luther King Drive
Cincinnati, Ohio 45268
10.

Defendant shall not deduct any penalties paid under this Decree pursuant to this

Section or Section IX (Stipulated Penalties) in calculating its federal income tax.
V. COMPLIANCE REQUIREMENTS
11.

Standard Operating Procedures. Within three years from the Effective Date of this

Consent Decree, Defendant shall ensure that the Standard Operating Procedures (“SOPs”),
including without limitation those required under 40 C.F.R. § 68.52, for each of the BCS
Facilities are consistent in format, and to the extent processes at different BCS Facilities are
similar, consistent in content as set forth in Appendix A and according to the schedule set forth
in Appendix A. On the first anniversary of the Effective Date of this Consent Decree, and
annually thereafter, Defendant shall submit annual reports to the EPA detailing the status of its
compliance with the schedule set forth in Appendix A (“SOP Status Reports”). The requirements
of this Paragraph shall terminate on the sixth anniversary of the Effective Date of the Consent
Decree.
12.

Enhanced Facilitated Self-Assessment Procedures. On or before six months from

the Effective Date of this Consent Decree, Defendant shall submit to the EPA for review and
approval in accordance with Section VI, written procedures for conducting enhanced facilitated
self-assessments (“Enhanced FSA Procedures”). The Enhanced FSA Procedures shall meet all
regulatory requirements for compliance audits under 29 C.F.R. § 1910.119(o) and 40 C.F.R.
§ 68.79, shall be consistent with relevant industry standards, and shall also include, at a
minimum, the following measures:
a.

A definition of “representative” for each procedure below;

7

 b.

Procedures for interviewing a representative sample of operators of the

relevant processes to ensure:
i.

that written, approved SOPs are in place for normal and abnormal

operations; such SOPs may include other BCS-approved documents including without limitation
checklists, operating logs, and other work instructions (i.e., more detailed written instructions
pertaining to a portion of an operating procedure);
ii.

that ad hoc documents other than written, approved SOPs are not

iii.

that operators understand the importance of implementing the

used; and

SOPs and fully adhere to those SOPs, with particular attention to SOPs for sampling and
bypasses;
c.

Procedures for conducting field observations of process control rooms to

ensure that unapproved or ad hoc materials are not used;
d.

Procedures for conducting spot-checks of a representative set of sampling

results to ensure timely adherence to sampling protocols in the SOPs;
e.

Procedures for reviewing a representative set of bypasses of safety and

operational interlocks reflected in operating logs and/or records in a DCS, including:
i.

the reasons for such bypasses;

ii.

whether implementing bypasses complied with SOPs;

iii.

whether approvals required by such SOPs or management of

change (“MOC”) were obtained prior to implementing the bypasses; and
iv.

the potential risk posed by the bypasses and

8

 v.

whether recommendations for better design or corrective action for

non-compliance should be taken to prevent such bypasses;
f.

Procedures for designing reports from the DCS that will test compliance

with SOPs identified as safety-critical by BCS;
g.

Procedures for spot-checking the data stored by the DCS to evaluate

adherence to safety-critical steps identified in SOPs at all Stages of Operation that existed since
the last FSA or Enhanced FSA;
h.

Procedures for conducting field observations based on representative

sampling to determine:
i.

if the safety-related features described in the SOPs—including,

without limitation trips, interlocks, alarms, secondary containment, relief devices, lower
explosive limit or toxic gas detectors, fire protection system, explosion vent panels, explosion
suppression systems, flame arresters, emergency isolation valves, ventilation systems, and
uninterruptable power supplies—are installed and operational;
ii.

if the process is operating within the operating limits specified in

iii.

that the operating limits are within the equipment design limits

the SOPs; and

specified in the process safety information (i.e., observe process parameters on the DCS screen
or in historical trends and verify that the readings are within the operating limits specified in the
SOPs).
13.

Enhanced Facilitated Self-Assessments. Commencing on the date that Defendant

receives written notification that the EPA has approved BCS’s Enhanced FSA Procedures and
continuing until this Consent Decree is terminated pursuant to Section XIX (Termination),

9

 Defendant shall conduct all facilitated self-assessments at the Enhanced FSA Facilities in
accordance with regulatory requirements for compliance audits under 29 C.F.R. § 1910.119(o)
and 40 C.F.R. § 68.79 and the EPA-approved Enhanced FSA Procedures. By the first
anniversary of the date EPA approves the Enhanced FSA Procedures, and continuing until this
Consent Decree is terminated pursuant to Section XIX (Termination), Defendant shall implement
the Enhanced FSA Procedures at all of the Enhanced FSA Facilities (“Enhanced FSA
Certifications”). Defendant shall certify its implementation of the Enhanced FSA Procedures in
the next report due pursuant to Paragraph 35 and annually thereafter until this Consent Decree is
terminated pursuant to Section XIX (Termination).
14.

RMP Procedures at the BCS Processes at Institute. Commencing on the Effective

Date of this Consent Decree and continuing until this Consent Decree is terminated pursuant to
Section XIX (Termination) or a particular BCS Process at Institute is no longer owned or
operated by BCS, BCS shall perform and document the following tasks with respect to the BCS
Processes at Institute regardless of whether Defendant is required to prepare and implement a
risk management plan under 40 C.F.R. part 68 or a PSM program under 29 C.F.R. § 1910.119:
a.

Perform process hazard analyses or revalidations of process hazard

analyses, in accordance with regulatory requirements set forth in 40 C.F.R. § 68.67 and 29
C.F.R. § 1910.119(e);
b.

Develop SOPs, annually certify SOPs, train employees to implement

SOPs and provide refresher training in SOPs, in accordance with regulatory requirements set
forth in 40 C.F.R. §§ 68.69 and 68.71 and 29 C.F.R. § 1910.119(f) and (g); and

10

 c.

Implement management of change and pre-startup safety review programs

and procedures in accordance with regulatory requirements set forth in 40 C.F.R. §§ 68.75 and
68.77 and 29 C.F.R. § 1910.119(i) and (l).
15.

Emergency Response Exercise. No later than 180 days after the Effective Date of

this Consent Decree, Defendant shall design and conduct an emergency response exercise
simulating the release of an extremely hazardous substance into the air, in order to evaluate the
performance of Defendant in implementing its emergency response plan in conjunction with
local and state emergency responders. The exercise must consist of a realistic emergency release
scenario in which all local and state emergency response organizations identified in Appendix P
are invited and given a reasonable opportunity to participate. Within 120 days following the
completion of the exercise or 30 days of the Effective Date, whichever is later, Defendant shall:
(i) submit to the EPA, to BCS facilities other than the Institute Plant, and to the owner of the
Institute Plant a written report detailing the findings and recommendations of the exercise (the
“Emergency Response Exercise Report”); (ii) enter any findings or and recommendations
applicable to the BCS Processes at the Institute Plant in the Bayer Action Tracking System for
the BCS Processes at the Institute Plant; and (iii) request a meeting with the owner of the
Institute Plant to review the findings and recommendation. Within one year of the exercise or 30
days of the Effective Date, whichever is later, Defendant shall deliver a presentation on the
findings and recommendations of the exercise at its semi-annual conference on quality, safety,
health, and environment. For two years following completion of the exercise, Defendant shall
include in each semi-annual report prepared pursuant to Paragraph 35 the status of any findings
and recommendations entered into the Bayer Action Tracking System and a description of any
changes known to BCS to address the findings and recommendations.

11

 16.

Certifications. Defendant shall maintain registrations under the RC 14001

(Responsible Care) or equivalent (i.e., ISO 14001) and OHSAS 18001 (Occupational Health and
Safety Management) management systems with respect to all environmental aspects of activities,
products, and services at the Institute Plant that are owned or operated by Defendant at least until
this Consent Decree is terminated. If Defendant obtains new or renewed certifications of those
registrations, Defendant shall submit copies of the certifications in the next report due pursuant
to Paragraph 35.
17.

Other than as provided in Paragraph 4, nothing in this Section shall require BCS

to impose any requirements or prohibitions upon any other tenant of the Institute Plant, or upon
the operator of any process or equipment other than the BCS Processes at Institute.
VI. REVIEW OF DELIVERABLES
18.

After reviewing any Deliverable, the EPA shall respond in writing and:
a.

approve the Deliverable;

b.

approve the Deliverable upon specified conditions;

c.

approve part of the Deliverable that the EPA determines is technically

severable and disapprove the remainder; or
d.
19.

disapprove the Deliverable.

If the EPA approves a Deliverable pursuant to Paragraph 18.a, Defendant shall

take all actions required by the Deliverable in accordance with its approved terms.
20.

If the EPA conditionally approves a Deliverable or approves a Deliverable only in

part pursuant to Paragraph 18.b or .c, Defendant shall, upon written direction from the EPA, take
all actions required by the approved Deliverable or portions of the Deliverable, subject to

12

 Defendant’s right to dispute only the conditions or the decision to disapprove portions, under
Section XI of this Decree (Dispute Resolution).
21.

Resubmission of Deliverables.
a.

If the EPA disapproves a Deliverable in whole or in part pursuant to

Paragraph 18.c or .d, Defendant shall, within 45 Days or such other time period to which the
Parties agree in writing, correct all deficiencies and resubmit the Deliverable, or disapproved
portion thereof, for approval in accordance with Paragraphs 18–20 of this Section. If the EPA
approves a resubmitted Deliverable in whole or in part, Defendant shall proceed in accordance
with the preceding Paragraph.
b.

Any stipulated penalties applicable to the original Deliverable, as provided

in Section IX of this Decree, will accrue during the 45-Day period specified in the preceding
subparagraph, but will not be payable unless: (i) Defendant fails to resubmit the Deliverable
within the 45-Day time period; (ii) the EPA disapproves the resubmitted Deliverable in whole or
in part; or (iii) the original Deliverable was so deficient as to constitute a material breach of
Defendant’s obligations under this Decree.
c.

If the EPA disapproves a resubmitted Deliverable or portion thereof in

whole or in part, the EPA may again require Defendant to correct any deficiencies, in accordance
with the preceding Paragraphs, or may itself correct any deficiencies, subject to Defendant’s
right to invoke Dispute Resolution and the right of the EPA to seek stipulated penalties as
provided in the preceding Paragraphs.
22.

Permits. Where any compliance obligation under this Consent Decree requires

Defendant to obtain a federal, state, or local permit or approval, Defendant shall submit timely
and complete applications and take all other actions necessary under the applicable regulatory

13

 process to obtain all such permits or approvals. If Defendant has submitted timely and
substantially complete applications and has taken all other actions necessary under the applicable
regulatory process to obtain all such permits or approvals, Defendant may seek relief under the
provisions of Section X of this Consent Decree (Force Majeure) for any delay in the performance
of any such obligation resulting from a failure to obtain, or a delay in obtaining, any permit or
approval required to fulfill such obligation.
VII.
23.

SUPPLEMENTAL ENVIRONMENTAL PROJECTS

Defendant shall implement the following Supplemental Environmental Projects

(“SEPs”), as more fully described in Appendices B through O, in accordance with all provisions
of Appendices B through O of this Consent Decree, including the schedules set forth therein.
a.

The West Sump Expansion SEP (Appendix B) will provide additional

storage capacity to prevent untreated process wastewater from overflowing into the Kanawha
River during heavy rain events, fire-fighting emergencies, and process upsets.
b.

The Mobile Communications SEP (Appendix C) will improve emergency

communications within Kanawha County, West Virginia and Kansas City, Missouri, and ensure
that emergency communications mobile applications are marketed to, and targeted for,
vulnerable populations to increase awareness of the mass notification system.
c.

The Police Equipment SEP (Appendix D) will improve the ability of: (i)

the Nitro City Police Department to respond to emergencies with improved communications and
traffic control equipment, and (ii) the St. Albans Police Department to respond to emergencies
with improved communications equipment.
d.

The School Cleanout and Equipment SEP (Appendix E) will survey the

nature and extent of chemicals, including extremely hazardous substances, present in designated

14

 high schools; remove hazardous chemicals; properly dispose of the chemicals in accordance with
applicable federal, state and local solid and hazardous waste regulations; and improve the safe
management of chemicals remaining on school grounds with appropriate equipment
e.

The Emergency Equipment SEPs (Appendices F through M) will enhance

the ability and capacity of emergency responders to address releases and respond to chemical
emergencies in Kanawha County by providing emergency equipment to the Charleston Fire
Department, the Dunbar Fire Department, the Institute Volunteer Fire Department, the Jefferson
Volunteer Fire Department, the Nitro Fire Department, the St. Albans Fire Department, the
South Charleston Fire Department, and the Tyler Mountain Fire Department.
f.

The Emergency Responders Training SEP (Appendix N) will improve the

capability of emergency responders to address chemical emergencies at industrial facilities in the
Kanawha County area by providing industrial firefighting training to emergency responders
meeting designated criteria.
g.

The Shelter-in-Place Training SEP (Appendix O) will improve the ability

of local schools to protect students in the event of chemical releases or other emergencies by
providing shelter-in-place training at certain schools.
24.

Defendant is responsible for the satisfactory completion of the SEPs in

accordance with the requirements of this Decree. For a SEP, the term “satisfactory completion”
means documented expenditures amounting to at least ninety percent (90%) of the estimated
costs of the SEP and achievement of the purpose of the SEP, as described in the relevant
Appendices. Defendant may employ or work with contractors, consultants and other entities in
planning and implementing the SEPs, but Defendant shall be liable for satisfactory completion of
the SEPs.

15

 25.

With regard to each SEP, Defendant, by signing this Consent Decree before it is

lodged with the Court, certifies the truth and accuracy of each of the following:
a.

That, to the best knowledge of Defendant, all estimated cost information

provided to the EPA in connection with the EPA’s approval of the SEP is complete and accurate,
and that Defendant in good faith estimates that the collective cost to implement these SEPs is
$4,230,813, consisting of the following:
i.

West Sump Expansion SEP: $3,100,000;

ii.

Mobile Communications SEP: $195,000;

iii.

Police Equipment SEP: total of $46,570, for the following

recipients, in the following amounts:
(1)

Nitro City Police Department: $32,170;

(2)

St. Albans Police Department: $14,400;

iv.

School Cleanout and Equipment SEP: $161,795;

v.

Emergency Equipment SEPs: total of $366,534, for the following

recipients, in the following amounts:
(1)

Charleston Fire Department: $13,715;

(2)

Dunbar Fire Department: $16,580;

(3)

Institute Volunteer Fire Department: $66,818;

(4)

Jefferson Volunteer Fire Department: $13,025;

(5)

Nitro Fire Department: $46,600;

(6)

St. Albans Fire Department: $100,003;

(7)

South Charleston Fire Department: $99,793; and

(8)

Tyler Mountain Fire Department: $10,000;

16

 b.

vi.

Emergency Responders Training SEP: $253,120;

vii.

Shelter-in-Place Training SEP: $107,800.

that, as of the date of signing this Decree, Defendant is not required to

perform or develop the SEP by any federal, state, or local law or regulation and is not required to
perform or develop the SEP by agreement, grant, or as injunctive relief awarded in any other
action in any forum;
c.

that the SEP is not a project that Defendant was planning or intending to

construct, perform, or implement other than in settlement of the claims resolved in this Decree;
d.

that Defendant has not received and will not receive credit for the SEP in

any other enforcement action;
e.

that Defendant will not receive any reimbursement for any portion of the

SEP from any other person; and
f.

that the recipient of each SEP does not have an open federal financial

assistance transaction with the EPA or any other federal agency that is funding or could fund the
same activity as the SEP.
26.

If Defendant discovers at any time after it has signed this Decree that any of the

information described in Paragraph 25 is inaccurate, Defendant shall notify the United States in
writing within seven Days of the Day when it becomes aware of the inaccuracy in accordance
with Section XV (Notices).
27.

SEP Completion Reports. For each SEP, Defendant shall submit a SEP

Completion Report to the United States in accordance with Section XV of this Consent Decree
(Notices). Defendant shall include any SEP Completion Reports in the next report due pursuant

17

 to Paragraph 35 after the date set for completion of the SEP. The SEP Completion Report must
contain the following information:
a.

a detailed description of the SEP as implemented;

b.

documentary evidence that the SEP has been completed, including but not

limited to, photographs, vendor receipts or invoices, or correspondence with SEP recipients;
c.

a description of any problems encountered in completing the SEP and the

solutions thereto;
d.

an itemized list of all eligible SEP costs expended;

e.

certification that the SEP has been fully implemented pursuant to the

provisions of this Decree; and
f.

a description of the environmental and public health benefits resulting

from implementation of the SEP (with a quantification of the benefits and pollutant reductions, if
feasible).
28.

The EPA may request Defendant to provide information in addition to that

described in the preceding Paragraph, in order to evaluate each SEP Completion Report.
29.

After receiving each SEP Completion Report, the EPA shall notify Defendant

whether Defendant has satisfactorily completed the SEP.
30.

Defendant may invoke Dispute Resolution under Section XI of this Decree

regarding the EPA’s determination of (i) whether Defendant has satisfactorily performed the
SEP; and (ii) the amount of eligible SEP costs. No other disputes arising under this Section are
subject to Dispute Resolution.

18

 31.

Defendant shall ensure that each Deliverable that Defendant must submit under

this Section is signed by an official with knowledge of the SEP and by an official of Defendant
in accordance the certification language set forth in Paragraph 37.
32.

If Defendant makes any public statement making reference to any SEP under this

Decree, Defendant shall include the following language, in any oral statement: “This project was
undertaken in connection with the settlement of a federal judicial Clean Air Act enforcement
action,” and in any written statement, in 12-point type: “This project was undertaken in
connection with the settlement of an enforcement action, United States v. Bayer CropScience LP,
taken on behalf of the U.S. Environmental Protection Agency to enforce the federal Clean Air
Act.”
33.

For federal income tax purposes, Defendant shall not capitalize or deduct any

costs or expenditures incurred in performing any SEP.
34.

Defendant shall not accept any payment of any kind from any other person

towards the costs of performing any SEP.
VIII.
35.

REPORTING REQUIREMENTS

On or before January 30 and July 30 of each calendar year after lodging of this

Consent Decree, until termination of this Decree pursuant to Section XIX, Defendant shall
submit a report for the previous six-month period that addresses, at a minimum: (i) the status of
updating SOPs pursuant to Paragraph 11; (ii) the performance of Enhanced FSA Procedures
pursuant to Paragraph 13; (iii) the performance of RMP Procedures pursuant to Paragraph 14,
including the identity of the BCS Processes at Institute for which RMP and PSM procedures
were followed; (iv) the status of any findings, recommendations, or and changes applicable to the
Institute Plant as described in Paragraph 15; (v) the maintenance and renewal of certifications

19

 pursuant to Paragraph 16; and (vi) the completion of SEPs, if any. Each report shall include, in
addition to the information required by other Paragraphs of this Consent Decree for specific
reports:
a.

the status of any construction or compliance measures;

b.

the completion of milestones;

c.

problems encountered or anticipated, together with implemented or

proposed solutions;
d.

the status of permit applications;

e.

the status of operation and maintenance;

f.

a copy of reports to state agencies; and

g.

a discussion of Defendant’s progress in satisfying its obligations in

connection with the SEPs under Section VII of this Decree including, at a minimum:
i.

a narrative description of activities undertaken;

ii.

status of any construction or compliance measures; including the

completion of any milestones in schedules set forth in Appendices B through O;
iii.

a summary of costs incurred since the previous report; and

iv.

problems encountered or anticipated, together with implemented or

proposed solutions.
36.

Defendant shall submit all reports to the persons designated in Section XV of this

Consent Decree (Notices).
37.

Defendant shall ensure that each report submitted under this Section, including

any SEP completion report, is signed by an official of Defendant and includes the following
certification:

20

 I certify under penalty of law that this document and all attachments were
prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the
information submitted is, to the best of my knowledge and belief, true, accurate,
and complete. I am aware that there are significant penalties for submitting false
information, including the possibility of fine and imprisonment for knowing
violations.
This certification requirement does not apply to emergency or similar notifications where
compliance would be impractical.
38.

The reporting requirements of this Consent Decree do not relieve Defendant of

any reporting obligations required by the Clean Air Act or implementing regulations, or by any
other federal, state, or local law, regulation, permit, or other requirement.
39.

Any information provided pursuant to this Consent Decree may be used by the

United States in any proceeding to enforce the provisions of this Consent Decree and as
otherwise permitted by law.
IX. STIPULATED PENALTIES
40.

Defendant shall be liable for stipulated penalties to the United States for

violations of this Consent Decree as specified below, unless excused under Section X (Force
Majeure). A violation includes failing to perform any obligation required by the terms of this
Decree, including any schedule approved under this Decree, according to all applicable requirements of this Decree and within the specified time schedules established by or approved under
this Decree.
41.

Late Payment of Civil Penalty. If Defendant fails to pay the civil penalty required

to be paid under Section IV of this Decree (Civil Penalty) when due, Defendant shall pay a
stipulated penalty of $1,500 per Day for each Day that the payment is late.

21

 42.

Compliance Milestones. The following stipulated penalties will accrue per

violation per Day for each violation of the requirements identified in Section V:
Period of Noncompliance
1st through 14th Days
15th through 30th Days
31st Day and beyond
43.

Penalty per Day per Violation
$500
$750
$2,000

Reporting Requirements. The following stipulated penalties will accrue per

violation per Day for each violation of the reporting requirements of Section VIII of this Consent
Decree:
Period of Noncompliance
1st through 14th Days
15th through 30th Days
31st Day and beyond
44.

Penalty per Day per Violation
$500
$750
$1,500

SEP Compliance. If Defendant fails to satisfactorily complete a SEP by the

deadline set forth in its applicable Appendix, Defendant shall pay stipulated penalties for each
day for which it fails to satisfactorily complete the SEP, as follows:
Period of Noncompliance
1st through 14th Days
15th through 30th Days
31st Day and beyond
45.

Penalty per Day per Violation
$500
$750
$2,000

Except as provided in Paragraph 44, above, stipulated penalties under this Section

begin to accrue on the Day after performance is due or on the Day a violation occurs, whichever
is applicable, and continue to accrue until performance is satisfactorily completed or until the
violation ceases. Stipulated penalties will accrue simultaneously for separate violations of this
Consent Decree.
46.

Defendant shall pay any stipulated penalty within 30 Days of receiving the United

States’ written demand, subject to the Dispute Resolution provisions of this Consent Decree.

22

 47.

The United States may in the unreviewable exercise of its discretion, reduce or

waive stipulated penalties otherwise due under this Consent Decree.
48.

Stipulated penalties continue to accrue as provided in Paragraph 45, during any

Dispute Resolution, but need not be paid until the following:
a.

If the dispute is resolved by agreement, or by a decision of the United

States that is not appealed to the Court, Defendant shall pay accrued penalties determined to be
owing, together with interest, to the United States within 30 Days of the effective date of the
agreement or the receipt of United States’ decision or order.
b.

If the dispute is appealed to the Court and the United States prevails in

whole or in part, Defendant shall pay all accrued penalties that the Court determines that
Defendant owes, together with interest, within 60 Days of receiving the Court’s decision or
order, except as provided in subparagraph c, below.
c.

If either Party appeals the District Court’s decision, Defendant shall pay

all accrued penalties that the court determines that Defendant owes, together with interest, within
15 Days of receiving the final appellate court decision.
49.

Defendant shall pay stipulated penalties owing to the United States in the manner

set forth and with the confirmation notices required by Paragraph 9, except that the transmittal
letter must state that the payment is for stipulated penalties and must state for which violation(s)
the penalties are being paid.
50.

If Defendant fails to pay stipulated penalties according to the terms of this

Consent Decree, Defendant shall be liable for interest on such penalties, as provided for in
28 U.S.C. § 1961, accruing as of the date payment became due. Nothing in this Paragraph will be

23

 construed to limit the United States from seeking any remedy otherwise provided by law for
Defendant’s failure to pay any stipulated penalties.
51.

Subject to the provisions of Section XIII of this Consent Decree (Effect of

Settlement/Reservation of Rights), the stipulated penalties provided for in this Consent Decree
are in addition to any other rights, remedies, or sanctions available to the United States for
Defendant’s violation of this Consent Decree or applicable law. Where a violation of this
Consent Decree is also a violation of section 112(r) of the Clean Air Act, or its implementing
regulations, Defendant will be allowed a credit, for any stipulated penalties paid, against any
statutory penalties imposed for such violation.
X. FORCE MAJEURE
52.

“Force majeure,” for purposes of this Consent Decree, means any event arising

from causes beyond the control of Defendant, of any entity controlled by Defendant, or of
Defendant’s contractors, that delays or prevents the performance of any obligation under this
Consent Decree despite Defendant’s best efforts to fulfill the obligation. The requirement that
Defendant exercise “best efforts to fulfill the obligation” includes using best efforts to anticipate
any potential force majeure event and best efforts to address the effects of any such event (a) as it
is occurring and (b) after it has occurred to prevent or minimize any resulting delay to the
greatest extent possible. “Force Majeure” does not include Defendant’s financial inability to
perform any obligation under this Consent Decree.
53.

If any event occurs or has occurred that may delay the performance of any

obligation under this Consent Decree, whether or not caused by a force majeure event, Defendant
shall provide notice orally or by electronic or facsimile transmission to the EPA within 72 hours
of when Defendant first reasonably believed that the event might cause a delay. Within seven

24

 days thereafter, Defendant shall, provide in writing to the EPA an explanation and description of
the reasons for the delay; the anticipated duration of the delay; all actions taken or to be taken to
prevent or minimize the delay; a schedule for implementation of any measures to be taken to
prevent or mitigate the delay or the effect of the delay; Defendant’s rationale for attributing such
delay to a force majeure event if it intends to assert such a claim; and a statement as to whether,
in the opinion of Defendant, such event may cause or contribute to an endangerment to public
health, welfare or the environment. Defendant shall include with any notice all available
documentation supporting the claim that the delay was attributable to a force majeure. Failure to
comply with the above requirements will preclude Defendant from asserting any claim of force
majeure for that event for the period of time of such failure to comply, and for any additional
delay caused by such failure. Defendant shall be deemed to know of any circumstance of which
Defendant, any entity controlled by Defendant, or Defendant’s contractors knew or should have
known.
54.

If the EPA agrees that the delay or anticipated delay is attributable to a force

majeure event, the time for performance of the obligations under this Consent Decree that are
affected by the force majeure event will be extended by the EPA for such time as is necessary to
complete those obligations. An extension of the time for performance of the obligations affected
by the force majeure event will not, by itself, extend the time for performance of any other
obligation. The EPA will notify Defendant in writing of the length of the extension, if any, for
performance of the obligations affected by the force majeure event.
55.

If the EPA does not agree that the delay or anticipated delay has been or will be

caused by a force majeure event, the EPA will notify Defendant in writing of its decision.

25

 56.

If Defendant elects to invoke the Dispute Resolution procedures set forth in

Section XI (Dispute Resolution), it shall do so no later than 30 days after receipt of the EPA’s
notice. In any such proceeding, Defendant shall have the burden of demonstrating by a
preponderance of the evidence that the delay or anticipated delay has been or will be caused by a
force majeure event, that the duration of the delay or the extension sought was or will be
warranted under the circumstances, that best efforts were exercised to avoid and mitigate the
effects of the delay, and that Defendant complied with the requirements of Paragraphs 52 and 53,
above. If Defendant carries this burden, the delay at issue will be deemed not to be a violation by
Defendant of the affected obligation of this Consent Decree identified to the EPA and the Court.
XI. DISPUTE RESOLUTION
57.

Unless otherwise expressly provided for in this Consent Decree, the dispute

resolution procedures of this Section are the exclusive mechanism to resolve disputes arising
under or with respect to this Consent Decree. Defendant’s failure to seek resolution of a dispute
under this Section will preclude Defendant from raising any such issue as a defense to an action
by the United States to enforce any obligation of Defendant arising under this Decree. This
Section does not affect Defendant’s ability to defend against other enforcement actions based on
facts and circumstances not specifically alleged in the Complaint, pursuant to the Clean Air Act
or OSHA’s PSM Standard.
58.

Informal Dispute Resolution. Any dispute subject to Dispute Resolution under

this Consent Decree must first be the subject of informal negotiations. The dispute will be
considered to have arisen when Defendant sends the United States a written Notice of Dispute.
Such Notice of Dispute must state clearly the matter in dispute. The period of informal negotiations may not exceed 20 Days from the date the dispute arises, unless that period is modified by

26

 written agreement. If the Parties cannot resolve a dispute by informal negotiations, then the
position advanced by the United States shall be considered binding unless, within 30 Days after
the conclusion of the informal negotiation period, Defendant invokes formal dispute resolution
procedures as set forth below.
59.

Formal Dispute Resolution. Defendant shall invoke formal dispute resolution

procedures, within the time period provided in the preceding Paragraph, by serving on the United
States a written Statement of Position regarding the matter in dispute. The Statement of Position
must include, but need not be limited to, any factual data, analysis, or opinion supporting
Defendant’s position and any supporting documentation relied upon by Defendant.
60.

The United States shall serve its Statement of Position within 45 Days of receipt

of Defendant’s Statement of Position. The United States’ Statement of Position must include, but
need not be limited to, any factual data, analysis, or opinion supporting that position and any
supporting documentation relied upon by the United States. The United States’ Statement of
Position will be binding on Defendant, unless Defendant files a motion for judicial review of the
dispute in accordance with the following Paragraph.
61.

Defendant may seek judicial review of the dispute by filing with the Court and

serving on the United States, in accordance with Section XV of this Consent Decree (Notices), a
motion requesting judicial resolution of the dispute. The motion must be filed within 30 Days of
receipt of the United States’ Statement of Position pursuant to the preceding Paragraph. The
motion must contain a written statement of Defendant’s position on the matter in dispute,
including any supporting factual data, analysis, opinion, or documentation, and must set forth the
relief requested and any schedule within which the dispute must be resolved for orderly
implementation of the Consent Decree.

27

 62.

The United States shall respond to Defendant’s motion within the time period

allowed by the Local Rules of this Court. Defendant may file a reply memorandum, to the extent
permitted by the Local Rules.
63.

Standard of Review. Except as otherwise provided in this Consent Decree, in any

dispute brought under Paragraph 59, Defendant shall bear the burden of proof, and each Party
reserves the right to argue what the appropriate standard of proof and standard of review should
be under the applicable principles of law.
64.

The invocation of Dispute Resolution procedures under this Section will not, by

itself, extend, postpone, or affect in any way any obligation of Defendant under this Consent
Decree, unless and until final resolution of the dispute so provides. Stipulated penalties with
respect to the disputed matter continue to accrue from the first Day of noncompliance, but
payment will be stayed pending resolution of the dispute as provided in Paragraph 48. If
Defendant does not prevail on the disputed issue, stipulated penalties will be assessed and paid as
provided in Section IX (Stipulated Penalties).
XII.
65.

INFORMATION COLLECTION AND RETENTION

The United States and its representatives, including attorneys, contractors, and

consultants, are entitled to enter into any facility covered by this Consent Decree, at all
reasonable times, upon presentation of credentials to:
a.

monitor the progress of activities required under this Consent Decree;

b.

verify any data or information submitted to the United States in

accordance with the terms of this Consent Decree;
c.

obtain samples and, upon request, splits of any samples taken by

Defendant or its representatives, contractors, or consultants;

28

 66.

d.

obtain documentary evidence, including photographs and similar data; and

e.

assess Defendant’s compliance with this Consent Decree.

Upon request, Defendant shall provide the EPA or its authorized representatives

splits of any samples taken by Defendant. Upon request, the EPA shall provide Defendant splits
of any samples taken by the EPA.
67.

Until five years after the termination of this Consent Decree, Defendant shall

retain, and shall instruct its contractors and agents to preserve, all non-identical copies of all
documents, records, or other information (including documents, records, or other information in
electronic form) in its or its contractors’ or agents’ possession or control, or that come into its or
its contractors’ or agents’ possession or control, and that relate in any manner to Defendant’s
performance of its obligations under this Consent Decree, including without limitation any
documents, records, or other information used to prepare any reports required by this Consent
Decree. This information-retention requirement applies regardless of any contrary corporate or
institutional policies or procedures. At any time during this information-retention period, upon
request by the United States, Defendant shall provide copies of any documents, records, or other
information required to be maintained under this Paragraph.
68.

At the conclusion of the information-retention period provided in the preceding

Paragraph, Defendant shall notify the United States at least 60 Days prior to the destruction of
any documents, records, or other information subject to the requirements of the preceding
Paragraph and, upon request by the United States, Defendant shall deliver any such documents,
records, or other information to the EPA. Defendant may assert that certain documents, records,
or other information requested pursuant to Paragraphs 67 or 68 is privileged under the attorneyclient privilege or any other privilege recognized by federal law. If Defendant asserts such a

29

 privilege, it shall provide the following: (1) the title of the document, record, or information; (2)
the date of the document, record, or information; (3) the name and title of each author of the
document, record, or information; (4) the name and title of each addressee and recipient; (5) a
description of the subject of the document, record, or information; and (6) the privilege asserted
by Defendant. However, Defendant shall not withhold, on grounds of privilege, any documents,
records, or other information created or generated pursuant to the requirements of this Consent
Decree.
69.

Defendant may also assert that information required to be provided under this

Section is protected as Confidential Business Information (“CBI”) under 40 C.F.R. part 2. As to
any information that Defendant seeks to protect as CBI, Defendant shall follow the procedures
set forth in 40 C.F.R. part 2.
70.

This Consent Decree in no way limits or affects any right of entry and inspection,

or any right to obtain information, held by the United States pursuant to applicable federal laws,
regulations, or permits, nor does it limit or affect any duty or obligation of Defendant to maintain
documents, records, or other information imposed by applicable federal or state laws,
regulations, or permits.
XIII.
71.

EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS

This Consent Decree resolves the civil claims of the United States for the

violations alleged in the Complaint filed in this action through the date of lodging this Decree.
72.

The United States reserves all legal and equitable remedies available to enforce

the provisions of this Consent Decree, except as expressly stated in Paragraph 71. This Consent
Decree does not limit the rights of the United States to obtain penalties or injunctive relief under
the Act or implementing regulations, or under other federal laws, regulations, or permit

30

 conditions, except as expressly specified in Paragraph 71. The United States further reserves all
legal and equitable remedies to address any imminent and substantial endangerment to the public
health or welfare or the environment arising at, or posed by, any BCS Facility, whether related to
the violations addressed in this Consent Decree or otherwise.
73.

In any subsequent administrative or judicial proceeding initiated by the United

States for injunctive relief, civil penalties, other appropriate relief relating to any BCS Facility or
Defendant’s violations, Defendant shall not assert, and may not maintain, any defense or claim
based upon the principles of waiver, res judicata, collateral estoppel, issue preclusion, claim
preclusion, claim-splitting, or other defenses based upon any contention that the claims raised by
the United States in the subsequent proceeding were or should have been brought in the instant
case, except with respect to claims that have been specifically resolved pursuant to Paragraph 71
of this Section.
74.

This Consent Decree is not a permit, or a modification of any permit, under any

federal, State, or local laws or regulations. Defendant is responsible for achieving and
maintaining complete compliance with all applicable federal, State, and local laws, regulations,
and permits; and Defendant’s compliance with this Consent Decree is not a defense to any action
commenced pursuant to any such laws, regulations, or permits, except as set forth herein. The
United States does not, by its consent to the entry of this Consent Decree, warrant or aver in any
manner that Defendant’s compliance with any aspect of this Consent Decree will result in
compliance with provisions of the Clean Air Act, 42 U.S.C. §§ 7401–7671q, or with any other
provisions of federal, State, or local laws, regulations, or permits.
75.

This Consent Decree does not limit or affect the rights of Defendant or of the

United States against any third parties, not party to this Consent Decree, nor does it limit the

31

 rights of third parties, not party to this Consent Decree, against Defendant, except as otherwise
provided by law.
76.

This Consent Decree does not create rights in, or grant any cause of action to, any

third party not party to this Consent Decree.
XIV. COSTS
77.

The Parties shall bear their own costs of this action, including attorneys’ fees,

except that the United States, upon application to the court, is entitled to collect the costs
(including attorneys’ fees) incurred in any action necessary to collect any portion of the civil
penalty or any stipulated penalties due but not paid by Defendant. The attorneys’ fees
recoverable under this Paragraph do not include costs incurred during dispute resolution under
Section XI.
XV.
78.

NOTICES

Unless otherwise specified in this Consent Decree, whenever notifications,

submissions, or communications are required by this Consent Decree, they must be made in
writing and addressed as follows:
To the United States:
Chief, Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 7611, Ben Franklin Station
Washington, D.C. 20044-7611
Re: DOJ No. 90-5-2-1-10802

32

 To the EPA:
Associate Director
Office of Enforcement
Hazardous Sites Cleanup Division
U.S. EPA Region 3 (3HS61)
1650 Arch Street
Philadelphia, PA 19103-2029
And
Cynthia T. Weiss, Esq.
Office of Regional Counsel
U.S. EPA Region 3 (3RC42)
1650 Arch Street
Philadelphia, PA 19103-2029
To Defendant:
Linda Feuss
General Counsel
Bayer CropScience LP
2 TW Alexander Drive
Research Triangle Park, NC
and
Chintan K. Amin
Sr. Counsel
Bayer Corporation
100 Bayer Road
Pittsburgh, PA 15241
79.

Notifications of Delay. Whenever notifications to the EPA are required pursuant

to Paragraph 53 of this Consent Decree, such notifications or communications are required by
this Consent Decree, they must be made in writing and addressed as follows:
Joan Armstrong
Associate Director
Office of Enforcement
Hazardous Site Cleanup Division
U.S. EPA Region 3 (3HS61)
1650 Arch Street
Philadelphia, PA 19103-2029
Email: armstrong.joan@epa.gov

33

 215-814-3155
80.

Any Party may, by written notice to the other Parties, change its designated notice

recipient or notice address provided above.
81.

Notices submitted pursuant to this Section will be deemed submitted upon

mailing, unless otherwise provided in this Consent Decree or by mutual agreement of the Parties
in writing.
XVI. EFFECTIVE DATE
82.

The Effective Date of this Consent Decree is the date upon which this Consent

Decree is entered by the Court or a motion to enter the Consent Decree is granted, whichever
occurs first, as recorded on the Court’s docket.
XVII. RETENTION OF JURISDICTION
83.

The Court retains jurisdiction over this case until termination of this Consent

Decree, for the purpose of resolving disputes arising under this Decree pursuant to Section XI,
entering orders modifying this Decree pursuant to Section XVIII, or effectuating or enforcing
compliance with the terms of this Decree.
XVIII. MODIFICATION
84.

The terms of this Consent Decree, including any attached appendices, may be

modified only by a subsequent written agreement signed by all the Parties. Where the
modification constitutes a material change to this Decree, it is effective only upon approval by
the Court.
85.

Any disputes concerning modification of this Decree will be resolved pursuant to

Section XI of this Decree (Dispute Resolution), provided, however, that, instead of the burden of
proof provided by Paragraph 63, the Party seeking the modification bears the burden of

34

 demonstrating that it is entitled to the requested modification in accordance with Federal Rule of
Civil Procedure 60(b).
XIX. TERMINATION
86.

After Defendant has maintained satisfactory compliance with this Consent Decree

for a period of ten years, has complied with all material requirements of this Consent Decree,
including those relating to the SEP required by Section VII of this Consent Decree, and has paid
the civil penalty and any accrued stipulated penalties as required by this Consent Decree,
Defendant may serve upon the United States a Request for Termination, stating that Defendant
has satisfied those requirements, together with all necessary supporting documentation.
87.

Following receipt by the United States of Defendant’s Request for Termination,

the Parties shall confer informally concerning the Request and any disagreement that the Parties
may have as to whether Defendant has satisfactorily complied with the requirements for
termination of this Consent Decree. The United States may not unreasonably withhold agreement
of satisfactory completion. If the United States agrees that the Decree may be terminated, the
Parties shall submit, for the Court’s approval, a joint stipulation terminating the Decree.
88.

If the United States does not agree that the Decree may be terminated, Defendant

may invoke Dispute Resolution under Section XI of this Decree. However, Defendant shall not
seek Dispute Resolution of any dispute regarding termination, under Paragraph 59 or 61 of
Section XI, until three months after service of its Request for Termination.
XX.
89.

PUBLIC PARTICIPATION

This Consent Decree will be lodged with the Court for a period of not less than 30

Days for public notice and comment in accordance with 28 C.F.R. § 50.7. The United States
reserves the right to withdraw or withhold its consent if the comments regarding the Consent

35

 Decree disclose facts or considerations indicating that the Consent Decree is inappropriate,
improper, or inadequate. Defendant consents to entry of this Consent Decree without further
notice and agrees not to withdraw from or oppose entry of this Consent Decree by the Court or to
challenge any provision of the Decree, unless the United States has notified Defendant in writing
that it no longer supports entry of the Decree.
XXI. SIGNATORIES/SERVICE
90.

Each undersigned representative of Defendant and the Assistant Attorney General

for the Environment and Natural Resources Division of the Department of Justice certifies that
he or she is fully authorized to enter into the terms and conditions of this Consent Decree and to
execute and legally bind the Party he or she represents to this document.
91.

This Consent Decree may be signed in counterparts, and its validity may not be

challenged on that basis. Defendant agrees to accept service of process by mail with respect to all
matters arising under or relating to this Consent Decree and to waive the formal service
requirements set forth in Rules 4 and 5 of the Federal Rules of Civil Procedure and any
applicable Local Rules of this Court including, but not limited to, service of a summons.
XXII. INTEGRATION
92.

This Consent Decree constitutes the final, complete, and exclusive agreement and

understanding among the Parties with respect to the settlement embodied in the Decree and
supersedes all prior agreements and understandings, whether oral or written, concerning the
settlement embodied herein. No other document, nor any representation, inducement, agreement,
understanding, or promise, constitutes any part of this Decree or the settlement it represents, nor
may it be used in construing the terms of this Decree.

36

 XXIII. FINAL JUDGMENT
93.

Upon approval and entry of this Consent Decree by the Court, this Consent

Decree constitutes a final judgment of the Court as to the United States and Defendant. The
Court finds that there is no just reason for delay and therefore enters this judgment as a final
judgment under Fed. R. Civ. P. 54 and 58.
XXIV. APPENDICES
94.

The following appendices are attached to and part of this Consent Decree:
“Appendix A” is the Compliance Measures for Standard Operating Procedures;
“Appendix B” is the West Sump Expansion SEP and its milestones/schedule;
“Appendix C” is the Mobile Communications SEP and its milestones/schedule;
“Appendix D” is the Police Equipment SEP and its milestones/schedule;
“Appendix E” is the School Cleanout and Equipment SEP and its

milestones/schedule;
“Appendix F” is the Emergency Equipment SEP for the Charleston Fire
Department, and its milestones/schedule;
“Appendix G” is the Emergency Equipment SEP for the Dunbar Fire Department,
and its milestones/schedule;
“Appendix H” is the Emergency Equipment SEP for the Institute Volunteer Fire
Department, and its milestones/schedule;
“Appendix I” is the Emergency Equipment SEP for the Jefferson Volunteer Fire
Department, and its milestones/schedule;
“Appendix J” is the Emergency Equipment SEP for the Nitro Fire Department,
and its milestones/schedule;

37

 “Appendix K” is the Emergency Equipment SEP for the St. Albans Fire
Department, and its milestones/schedule;
“Appendix L” is the Emergency Equipment SEP for the South Charleston Fire
Department, and its milestones/schedule;
“Appendix M” is the Emergency Equipment SEP for the Tyler Mountain Fire
Department, and its milestones/schedule;
“Appendix N” is the Emergency Responders Training SEP and its
milestones/schedule;
“Appendix O” is the Shelter-in-Place Training SEP and its milestones/schedule;
and
“Appendix P” is a list of all local and state emergency response organizations that
responded to the August 2008 incident.
SO ORDERED THIS ______ DAY OF ____________________, 20___

UNITED STATES DISTRICT JUDGE
Southern District of West Virginia

38

 THE LINDERSIGNED PARTIES enter into this Consent Decree in the matter of tlnited States v,
Bayer CropScience, LP.
FOR PLAINTIFF LINITED STATES OF

AMENCA:

Efivironment and Natural Resources Division
U.S. Department of Justice

September 21, 2015

s/ Daniel S. Smith

Dated

DANIEL S. SMITH
Senior Counsel
Env ironmental Enforcement Section

Environment and Natural Resources Division
U.S. Department of Justice
P.O. Box 761l, Ben Franklin Station

Washington,D.C.20044
601 D StreetNW
Washington, DC 20004
202-305-0371 (voice)
202-514-0097 (tax)

dan.smith2@usdoi.sov

t.

I

Assistant United Siates Aftomey
WV State Bar No. 589
U.S. Attorney's Office,
Southern District of West Virginia
P.O. Box I713
Charleston, WV 25301
(304) 345-2200 (voice)

(304) 347-saa0 (fax)
sarv.call@usdoi.sov

39

 THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United States v.
Bayer CropScience, LP.
~ .._
r , ',~„
~}
(,/ ~,.WN M.GARVIN
Regional Administrator
U.S. EPA Region III
1650 Arch Street
Philadelphia, PA 19103-2029

~'~~

~~

~u

MARY B. COE
Acting Regional Counsel
U.S. EPA Region III
1650 Arch Street
Philadelphia, PA 19103-2029

CYNTHIA~T. WEISS
Senior Assistant Regional Counsel
U.S. EPA Region IIT
1650 Arch Street
Philadelphia,PA 191Q3-2029

.~

 THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United Srares v.
Bayer LP.

FOR PLAINTIFF UNITED STATES OF AMERICA:

Saw/v 6- 

 

DEAN B. ZIEGEL, tt rney Mvisor
Waste and Chemical forcement Division
Of?ce ofCivii Enforcement

US. Environmental Protection Agency
1200 Avenue, NW
Washington, DC 20460

41

THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United States v.
Bayer CropScience LP.
~1~ FOR DEFENDANT BAYER CROPSCIENCE LP:
~_~

~ ~s
ME
CEO and President
Bayer CropScience, LP

Dated

r
EILEEN MILLETT,Esq.
Epstein Becker Green
250 Park Avenue
New York, NY 10177
212-351-4547(voice)
212-878-8600(fax)

500 Lee Street East
Suite 1600
Charleston, WV 25301-3202
304-340-1172(voice)
304-340-1050(fax)
aemch(cr~,jacksonkelly.com

42

 Appendix A
DOJ Case #90-5-1-10802
Compliance Measures for Standard Operating Procedures
1.

Introduction and Objectives
The Plant and Process Safety Steering Committee sponsored a SOP Adherence Task
Team in June, 2009 to investigate the various reasons for adherence vs. lack of adherence
to SOPs, and develop recommendations for continual improvement in SOP Adherence.
The Team comprised various BCS and BMS participants, representing different
disciplines.

SOP Adherence

Quality

The Team used information from several sources:
• Literature surveys
• Research of articles regarding industries (such as the aviation and nuclear industries)
and their best practices for SOP adherence
• Various books by experts (i.e., the Center for Chemical Process Safety and American
Institute of Chemical Engineers)
• BCS and BMS Employee Surveys
• Focus Sessions comprised of BCS and BMS employees

 Appendix A
DOJ Case #90-5-1-10802
Compliance Measures for Standard Operating Procedures
The research conducted by the Team indicated several major factors for procedural noncompliance:

Major Factors for Non-Compliance to SOPs
1. Leadership – inadequate communication of clear and unequivocal expectation about
procedure adherence
2. Employee - Lack of ownership arising from lack of stakeholder input in procedure
development and validation
3. Procedure Clarity - unclear and/or inaccurate procedures
4. Training - not effective and/or insufficient

This standard includes new requirements to address these non-compliance factors and provide
for continual improvement in SOP adherence.
2.

Scope
This standard applies to all manufacturing operational procedures at BCS and BMS
manufacturing and formulation sites in North America. These procedures include: (i)
Normal Operations; (ii) Start-up/Shutdown activities; (iii) Emergency Operations; (iv)
Equipment Malfunctions; and (v) Maintenance preparations and activities.
It is recommended that other types of Bayer facilities also consider this SOP standard for
use in writing their procedures.
Note: This standard is not to be used in place of FDA or regulatory requirements.

 Appendix A
DOJ Case #90-5-1-10802
Compliance Measures for Standard Operating Procedures
3.

Requirements
The following requirements have been adopted for continual improvement in SOP
adherence.

3.1.

General Requirements
A.

Short-Term Requirements (2011)

1.

Leadership will:
i.
ii.

2.

Enforce clear, unambiguous expectations of SOP adherence at all levels
Establish a program for SOP Audits and follow-ups (starting with the most
critical SOPs)
Stakeholder Involvement – stakeholders, including operators and maintenance
personnel, will participate in SOP development, review before issue, and
continual improvement

3.

Procedure Clarity - require all current SOPs and new SOPs to conform to the new
Bayer SOP Structure (see 3.2 SOP Structure)

4.

Training - maximize realistic and effective training for all SOPs directly relevant
to the employee’s responsibilities.
i.

Subgroups and sites should define training requirements, taking into
consideration procedure risk assessments and individual site needs.

B.

Long-Term Requirements (2011 – 2017)

1.

Appoint a Procedure Management Team at each site

2.

Conduct an assessment of the site SOP Process using the “Plan-Do-Check-Act”
Framework (see 3.3)
i.
ii.

iii.

Assess gaps and implement corrective action plan
Existing SOPs:
a.
Perform a risk-assessment to prioritize SOPs
b.
Audit and implement corrective action plan based on priority
c.
Convert all SOPs to the new Bayer SOP Structure and validate
New SOPs: Implement per the SOP Process, including new SOP Structure
and Change Management

3.

Incorporate KPIs into the Sites’ KPI program (See 3.4)

4.

Conduct an external audit of the Site SOP Process every 3 years, starting in 2016

 Appendix A
DOJ Case #90-5-1-10802
Compliance Measures for Standard Operating Procedures
3.2.

SOP Structure
1.

A modified structure for SOPs was developed from literature recommendations
and employee suggestions. Each SOP shall contain the following 14 sections,
except as indicated:
SOP Sections

1)
2)
3)
4)
5)
6)
7)

Purpose
Scope
Hazards and Precautions
Prerequisites and Initial Conditions
Procedural Steps
Responsibilities
Safety, Health and Environmental Considerations
A.
B.

Safe Operating Limits
Contingencies
•
•

8)
9)
10)
11)
12)
13)
14)

Emergency Procedures
Temporary Operations

Forms and Appendices
Reports and Recordkeeping*
Definitions and Acronyms*
References*
Training*
Audits and Assessments*
Revision History

* Optional in some cases
A description of each section’s contents is located in the table on page 9.
2.
•
•
•
•
•
•

SOPs will be written utilizing the following best practices:
Clear, easy to understand wording
Text broken into short, easy to read groupings
Information is easy to find and well-organized, e.g., Table of Contents, searchable
content, etc.
Consistent format, utilizing the new SOP Structure
Maximize use of visuals, such as charts, graphs, and other visual summaries of
information
Warning, and Caution and Note statements placed within a box for emphasis

 Appendix A
DOJ Case #90-5-1-10802
Compliance Measures for Standard Operating Procedures
•

Changes to SOP are visually distinct and identifiable by SOP user

An example SOP indicating this structure can be found in Appendix B.

3.3.

Plan-Do-Check-Act Framework
A SOP Framework is provided to assist sites with implementing a SOP Process:

SOP
Adherence
Plan-Do-Check-Act

Plan

Do

Plan

Key elements for an
overall procedure
management system

Key elements for an
overall procedure
development system

Key elements for an
overall procedure
auditing system

Act
Key elements for an
overall procedure
compliance enforcement
system

Details and descriptions for the Plan-Do-Check-Act Framework can be found in
Appendix C.
3.4.

Key Performance Indicators (KPIs)
1.

The Universal KPI for all BCS sites in North America is:
•

Percentage of procedures converted to the new structure and validated in
practice vs. number of procedures in place

•

Interim Milestones
− Develop baseline in 2011; Complete approximately 20% every year,
starting 2011 and ending in 2017

 Appendix A
DOJ Case #90-5-1-10802
Compliance Measures for Standard Operating Procedures
− Provide annual status reports for three years
− Conduct an external audit of the Site SOP process every three years
(3.1B-4)
2.

Other KPIs for consideration at a local level are:
•
•
•
•

On-time SOP training completion
Number of corrective-actions-per-procedure from Audits
Percentage of high-level incidents attributed to SOP non-adherence and
associated costs (Lagging Indicator)
Percentage of high-level incidents attributed to SOP deficiencies and
associated costs (Lagging Indicator)

 Appendix A
DOJ Case #90-5-1-10802
Compliance Measures for Standard Operating Procedures
4.

Responsibilities and Procedures
A)

Management is responsible for implementation of short-term and long-term
requirements (see Section 3)

B)

Employees are required to:
•
•
•

5.

Terms / Definitions
•

•
6.

Upper Management
Site Managers
Site personnel

Cross References
•

•
•
•
•
8.

Standard Operating Manual (SOM) – .An overall collection of documents
related to the operation of a process or processes. Included in the SOM are
SOPs, regulatory information, process background information, etc.
Procedure Validation – executing the SOP in practice to determine if the SOP
can be followed as written and produces the desired results

Distribution List
•
•
•

7.

Be an active part of an SOP Team and offer input
Follow each SOP unless a change process is initiated
If a deviation, error, or problem occurs, report immediately to Management

Guidelines for Writing Effective Operating and Maintenance Procedures –
Center for Chemical Process Safety and American Institute of Chemical
Engineers, 1996
Creating Effective Safety Procedures and Operating Manuals, Chemical
Engineering Progress, December 1997
Strategies to Reduce Aviation Employees’ Procedural Non-Compliance, Ed
Mictchell, MS Thesis, City University, London, 2005
Bending the Rules – Managing violation in the workplace, P.T. Hudson et. al,
SPE
http://www.bizmanualz.com/information/2009/06/19/top-ten-reasons-whypolicies-and-procedures-dont-work.html

Appendices
A. SOP Structure for Manufacturing and Operational Procedures at BMS and
BCS
B. SOP Example

 Appendix A
DOJ Case #90-5-1-10802
Compliance Measures for Standard Operating Procedures
C. Plan-Do-Check-Act Framework

 Appendix A
DOJ Case #90-5-1-10802
Compliance Measures for Standard Operating Procedures
SOP Title:
Section
Purpose
Scope
Hazards & Precautions

1.
2.
3.

4.

Prerequisites/Initial
Conditions

5.

Procedural Steps

6.

Responsibilities

7.

Safety, Health &
Environmental
Considerations

8.

Forms & Appendices

9.
10.
11.
12.

* Reports &
Recordkeeping
* Definitions/Acronyms
* References
* Training

13.

* Audits/Assessments

14.

History of Changes

*

Description
Brief statement clarifying the “why” & desired outcome
Brief statement of what is covered or, if appropriate, what is not covered
• List any unique hazards/precautions that are pertinent to this entire SOP
(especially relevant for stand-alone SOPs).
• General Hazards for unit can be covered elsewhere (e.g. in the Standard
Operating Manual - SOM), with a link or note (e.g., See XXX) here
• If there are hazards only for certain steps in SOP, document them (only)
in the Procedural Steps section, using “Notes, Warnings, and Caution”.
• This includes what needs to be in place before procedure is executed.
• This information could already be in the existing Procedure and should
be extracted, so that it stands out.
• Simple, concise steps, and includes “Note/Warnings/Cautions”
• Less text with more diagrams, charts, checklists, and graphics); refrain
from using narrative and paragraph formatting;
• Checklists: Prioritize SOPs – High, Medium risks must have checklists;
Optional for Low risks;
• Start-up, normal operation, shutdown, emergency operations, temporary
operations, etc should be in separate SOPs to highlight different hazards
and activities, and to provide a clear and concise document.
• If this is covered elsewhere (e.g., in SOM), enter link or note
• This section is especially relevant if there are multiple
personnel/disciplines involved.
This section contains the following sub-sections:
A) Safe Operating Limits
B) Contingencies – Include any contingencies that are not in the Safe
Operating Limits
• Emergency Procedures (include link or reference only)
• Temporary Operations (include link or reference only)
• Checklists, JSAs, etc. (utilizing links or references to other sections,
etc.) should be documented here, so that it is easier for Operators to
locate them
• Describe outputs (logs, calibration records, audit sheets, etc.) and their
disposition (where are they stored and for how long?)

•

Describe special terms and acronyms

•
•

Items that aid understanding of the procedure
Describe training plan (personnel who need to be trained, training
frequency, and any special requirements, such as passing a written
test/demonstration of skill in field, etc)
• An audit and self-assessment plan is defined for the procedure. This
may include formal scheduled audits, random peer audits, self audits,
etc.
Changes should be visually distinct, e.g. different color or font

These sections are Optional to include in SOP. They may be more relevant for stand-alone SOPs. If
they are located elsewhere (e.g., in SOM) or are not applicable, document the alternative location or
N/A for all these fields either in their respective sections, or in the History of Changes section.

 Appendix A
DOJ Case #90-5-1-10802
Plan-Do-Check-Act Framework

Site XXX Unit YYY Procedures
Procedure No.
001-01-0001

Title:

Revision No.
010-001

Revision Date
5-24-2010

Initiation of Reactor Feeds (HyperGoo Production Unit SOP)

INITIATION OF REACTOR FEEDS
(HyperGoo Production Unit SOP)

1)
2)
3)
4)
5)
6)
7)

8)
9)
10)
11)
12)
13)
14)

Purpose.................................................................................................................2
Scope....................................................................................................................2
Hazards and Precautions ......................................................................................2
Prerequisites and Initial Conditions .....................................................................3
Procedural Steps...................................................................................................3
Responsibilities ....................................................................................................4
Safety, Health and Environmental Considerations ..............................................5
A) Safe Operating Limits .................................................................................5
B) Contingencies..............................................................................................5
i)
Emergency Procedures.......................................................................5
ii) Temporary Operations .......................................................................5
Forms and Appendices.........................................................................................6
Reports and Recordkeeping .................................................................................6
Definitions and Acronyms ...................................................................................6
References............................................................................................................6
Training................................................................................................................6
Audits and Assessments.......................................................................................6
Revision History ..................................................................................................7

Initiation of Reactor Feeds SOP

Page 1 of 7
Changes since last revision are indicated in blue.

 Appendix A
DOJ Case #90-5-1-10802
Example SOP

Site XXX Unit YYY Procedures
Procedure No.
001-01-0001

Title:

Revision No.
010-001

Revision Date
5-24-2010

Initiation of Reactor Feeds (HyperGoo Production Unit SOP)

1) Purpose
This procedure describes the initiation of reactor feeds which are required for production of
intermediates used in our sales grade products. When this procedure is properly executed, the reactor
will remain at a safe temperature during initiation of the reaction, and that will allow normal feed
rates to be used without creating an unstable concentration of materials in the reactor.
2) Scope
This procedure only applies to the initial feed of the reactor after the preliminary charges have been
completed, and the reactor contents have been brought to the appropriate temperature. For
resumption of feeds after this procedure has been satisfactorily completed, see Normal Reactor Feeds
SOP, Section B. Resumption of Reactor Feeds.
3) Hazards and Precautions
Hazards
Excess accumulation of reactive materials in
the reactor lead to a runaway reaction
causing equipment failure and/or a material
release
Personnel exposure to reactive or hazardous
materials due to system malfunction or
hardware failure

Inability to follow this SOP as written leads
to an accumulation of reactive materials in
the reactor.

Precautions
Control system features are configured to
limit the concentration of reactive materials.
Do not force any inputs or bypass any
control system functions associated with
this operation.
Wear standard required PPE per
requirements listed in the SOM under “PPE
Requirements”. Report any signs of
equipment malfunction or failure to the
Supervisor
Stop the reactor feed and do not attempt to
restart them. Hold the reactor temperature
where it is at the time you find you cannot
follow the step as written. Contact the
Supervisor.

Initiation of Reactor Feeds SOP

Page 2 of 7
Changes since last revision are indicated in blue.

 Appendix A
DOJ Case #90-5-1-10802
Example SOP

Site XXX Unit YYY Procedures
Procedure No.
001-01-0001

Title:

Revision No.
010-001

Revision Date
5-24-2010

Initiation of Reactor Feeds (HyperGoo Production Unit SOP)

4) Prerequisites and Initial Conditions
A. Ensure that the Initial Reactor Charge and Heat Up SOP has been completed.
B. Ensure that the Reactor Feed Tank Charging SOP has been completed.
C. Ensure that the Field Operator has walked out the feed system and the reactor area and has verified
that there are no issues or concerns that would prevent execution of this procedure
5) Procedural Steps
A. Verify that the Field Operator has the system set and ready for the feeds to begin, and that he is in
position to give assistance if needed.
B. Verify that the control system recipe values match the batch sheet provided by the Technical Staff.
C. Activate the Initiate Reactor Feeds program in the control system.
D. Verify that the following sequence of events occurs:
1. The “Temperature is at set point” message comes in.
2. The “Feed line pressure is at set point” message comes in.
3. The flow control valve FV—0100-01 opens to no more than 5%.
4. The flow block valve BV—0101-01 opens completely.
5. The “Feed flow initiated” message comes in.
E. Monitor the temperature and flow controls to verify that the temperature is holding at set point and
that the feed flow is increasing. Flow valve FV—0100-01 will open as the feed set point is increased
by the control program.

Note: The set point for FV—0100-01 has an absolute limit of 1000 Pounds per Hour at
this point in the program.
F. Verify that the temperature attempts to rise and that the control system responds by adding more
cooling to bring the temperature back to set point. This indicates that the reaction has initiated
normally.
Warning: The reaction should initiate before 1000 Pounds of material have been fed to the
reactor. The control system will stop the feeds at 1000 Pounds if the reaction initiation
has not been detected.

Initiation of Reactor Feeds SOP

Page 3 of 7
Changes since last revision are indicated in blue.

 Appendix A
DOJ Case #90-5-1-10802
Example SOP

Site XXX Unit YYY Procedures
Procedure No.
001-01-0001

Title:

Revision No.
010-001

Revision Date
5-24-2010

Initiation of Reactor Feeds (HyperGoo Production Unit SOP)

G. Verify that the reaction has initiated by answering the control system question “Initiation
detected. Proceed to the Normal Reactor Feeds step?” by selecting the Yes target on the screen.
Caution: If you cannot independently verify that the reaction initiated in step F, than you must
answer the question “Initiation detected. Proceed to the Normal Reactor Feeds step?” by
selecting the No target on the screen.
H. If you answered the “Initiation detected . . . ” question “No”, the control system will stop the
feeds and hold the reactor temperature set point where it is. Contact the Supervisor and refer to
the Reaction Failure Emergency SOP.
This is the end of the Procedure Steps.

6)

Responsibilities
•
•

The Control Board Operator executes this procedure with support from the
Field Operator.
The Unit Engineer owns and maintains this procedure.

Initiation of Reactor Feeds SOP

Page 4 of 7
Changes since last revision are indicated in blue.

 Appendix A
DOJ Case #90-5-1-10802
Example SOP

Site XXX Unit YYY Procedures
Procedure No.
001-01-0001

Title:

Revision No.
010-001

Revision Date
5-24-2010

Initiation of Reactor Feeds (HyperGoo Production Unit SOP)

7) Safety, Health and Environmental Considerations
A) Safe Operating Limits
Consequences of
Deviation
Accumulation of
unreacted materials
creates the potential for a
run away reaction to
initiate

Methods to Avoid
Deviation
Low temperature alarm
is set at 99 C. Control
system will not allow
feeds if the reactor is
below 98 C. Maintain
the reactor at 100 C.

Verify the temperature set
point is at 100 C.
Troubleshoot the
temperature control system
and address issues that are
found.

Reactor
Temperature must be
below 102 C

Temperatures above
102 C increase the
speed of the reaction
making temperature
control more difficult.
Under certain
conditions the reaction
can “runaway”
potentially resulting in
a release of hazardous
materials.

High temperature alarm
is set at 102 C. Control
system will not allow
feeds if the reactor is
above 105 C. Maintain
the reactor at 100 C

Verify the temperature set
point is at 100 C.
Troubleshoot the
temperature control system
and address issues that are
found.

Do not feed
additional material to
the reactor if 1000
Pounds of material
have been fed and the
initiation has not
been detected.

A “runaway” reaction
can over heat the
reactor contents
potentially resulting in
a release of hazardous
materials.

The control system
limits the reactor feed
to 1000 Pounds until
the reaction initiation is
detected. The reactor
will shut down if 1000
Pounds have been fed
and the Operator has
not confirmed
initiation.

Assure that the correct
amounts of pre-charge and
catalyst are in the reactor
and that the reactor is at
100 C before attempting
any feeds to the reactor.

Operating Limit
Reactor
Temperature must be
above 99 C

Initiation of Reactor Feeds SOP

Corrective Action

Page 5 of 7
Changes since last revision are indicated in blue.

 Appendix A
DOJ Case #90-5-1-10802
Example SOP

Site XXX Unit YYY Procedures
Procedure No.
001-01-0001

Title:

Revision No.
010-001

Revision Date
5-24-2010

Initiation of Reactor Feeds (HyperGoo Production Unit SOP)

B)

Contingencies
i)

Emergency Procedures

ii)

Temporary Operations

8)

Forms and Appendices
None.

9)

Reports and Recordkeeping
None.

10)

Definitions and Acronyms
• SOP, Standard Operating Procedure. - SOPs are typically found in a SOM.
• SOM, Standard Operations Manual - SOMs include general information related to
the process. Some of this information is required by regulations. SOPs normally reside in
a SOM.

11)
References
Reaction PHA, feed initiation
12)

Training
Training on this procedure is included in the routine Operator Certification Process
materials. Refer to the site training process.

13)

Audits and Assessments
Because this procedure is for a critical process step, it must be audited by the Control
Board Operator’s Peer or Supervisor two times per year. This is in addition to the routine
procedure audits called for in the Site Audit Guidelines.

Initiation of Reactor Feeds SOP

Page 6 of 7
Changes since last revision are indicated in blue.

 Appendix A
DOJ Case #90-5-1-10802
Example SOP

Site XXX Unit YYY Procedures
Procedure No.
001-01-0001

Title:

14)

Revision No.
010-001

Revision Date
5-24-2010

Initiation of Reactor Feeds (HyperGoo Production Unit SOP)

Revision History
Changes since the last revision are indicated in blue.
•

05/20/2010 Revision 05
Section 13, Audits and Assessments was modified to require procedure compliance
audits two times per year. The need for these audits was defined as a result of a PHA
finding.
- End -

Initiation of Reactor Feeds SOP

Page 7 of 7
Changes since last revision are indicated in blue.

 Minimum Requirements

Recommended Practices

Plan
An overall procedure management system is in
place and the following elements are included
1

Consistent procedure document requirements are
defined for the following elements
Procedure structure
Use of checklists or similar tools to support
procedure execution
Responsibilities for procedure development
and maintenance

2

Plans for driving continual improvement of
procedures including the following elements
An auditing system to assure that the
procedures can be followed as written and
that the desired results are obtained when
being followed as written
A procedure feedback system to allow
stakeholders to report issues and to suggest
improvements.

3

4

Communication of a clear, unambiguous
expectation that procedures will be adhered to at
all levels of the organization.
Procedures are risk ranked so that the highest risk
procedures can receive priority for monitoring
and review

Provided separately
Require checklists for all procedures that carry
High/Medium risk
Site to define specific roles/positions to manage
the development and
maintenance of new and existing procedures.
Assignment of an overall Procedure Coordinator is
a best practice.
A review of the procedure to identify process and
personnel safety and
health issues and to verify that the issues are
adequately addressed is
required. This would include communicating the
results of an assessment
of the potential consequences of deviation from the
procedure.

Formal scheduled audits as well as informal audits
are recommended.

A policy statement from upper management should
serve as the basis for local policies.

(continued)

Minimum Requirements

Recommended Practices

Do
An overall procedure development system is in
place. The following elements are specifically
included
New and significantly modified procedures:
1 Procedure development involves input from all

Procedure users and support groups
impacted by the procedure are the

 Appendix A
DOJ Case #90-5-1-10802
Example SOP
stakeholders that will be impacted by the
procedure

primary stake holders.
The first draft is developed with consideration
of the stakeholder needs
Stakeholders review the draft and updates are
made
The procedure is issued to all potential users
for further review and
updates to the draft are made
Procedure users test/validate the procedure to
confirm it can be executed
as written and that it provides the desired
results.
The final round of updates are made

2

Procedures are reviewed by
stakeholders, and are revised and
tested/validated/verified before they
are implemented

3

The procedure implementation system includes
the following elements
Procedures are issued using a standard system
Individuals impacted by the procedure are trained on
the procedure and are given an opportunity to
comment on the procedure. Input from training is
incorporated in the procedure appropriately

(continued)

Training must emphasize why the steps are
important to perform as written Stand and
deliver training is more effective than other
training methods. An opportunity to practice
the procedure before actual use improves
training retention
Accumulate comments obtained during the
training and feed them into the procedure
review process
Issue the final procedure to the users
Define the training methods, training frequency
and how training effectiveness will be
measured

 Appendix A
DOJ Case #90-5-1-10802
Example SOP
Existing procedures:
1

A system exists for developing a changed or
temporary procedure due to unusual
requirements (i.e. an equipment failure
forces a change in the actions required).
This includes designating the responsible
personnel by name or position, and it must
apply to all shifts when the process is
operational.

2

A system exists to create and sustain
risk awareness for all procedures
Risks of not following steps as
written are explained

The plan and training emphasizes the expectation that
when procedures can not be followed as written
(wrong or unsafe or inappropriate for the current
conditions), workers are to stop and contact
Supervision. The overarching goal is to have
procedures which can be followed safely.
Procedures and training includes the
consequences of deviation (major hazards and
consequences)
Communicate site, company and industry incident
reports involving procedure non-compliance.
Reinforce the down side of non-compliance.

Examples are provided where failure to
follow similar procedures resulted in
negative consequences
3.

An overall procedure update and
communication system is in place. The
requirements for minor changes to existing
procedures may be less stringent than for
more significant changes to existing
procedures.
(continued)

Minimum Requirements

Recommended Practices

 Appendix A
DOJ Case #90-5-1-10802
Example SOP

Check
An overall procedure auditing system is in place
and the following elements are included
1

Procedures are validated to prove that: (a)
Procedures can be followed as written; and (b)
Procedures produce the desired results when
followed as written

2

Compliance with procedures is measured and
tracked

3

A system is in place to evaluate and act on why
non-compliance activities occur, with the focus
being on correcting the "why" and not on "what"
or "who".
Specific aspects of violations to consider are:
Types of violations:
Routine violations which are frequent,
known and condoned at
some level
Optimizing violations which are efforts
to make the job better or
more interesting
Situational violations which occur under
time pressure, heavy work loads,
resource limitations, etc.
Exceptional violations which occur
when unexpected events occur
(continued)

Risk rank procedures and validate on a priority
basis. A best practice would be an annual
formal validation for the highest risk
procedures. All procedures should be validated
at least one time followed by audits to assess
ongoing validity.
Safety observations, formal and informal audits,
incident and accident investigations, and self
reports are some tools for measuring compliance.
A best practice would have the measurement
system include a feature to allow procedure users
to self monitor, perhaps anonymously, and to
feed back on procedure compliance issues.
All violations that do or potentially could result
in an upper level incident (i.e. Level 1 or 2) or
where a high risk ranked procedure is involved
are formally investigated. Other violations
should be investigated at least informally.
Train a group of line Operators to help investigate
intentional noncompliance incidents.

 Appendix A
DOJ Case #90-5-1-10802
Example SOP
Drivers for violations:
Worker expectations that rules have to be broken
to get the job
done
Worker feelings of powerfulness, that they have
the ability to do
the job without following the procedure
Worker recognition that there are opportunities
for shortcuts or to
do the job better
Inadequate work planning which requires solving
problems as they arise
Elements that lead to intentional violations:
A reward for the non-compliance (i.e. quicker,
easier, reach a
goal)
A high probality of obtaining the award for noncompliance
No adverse reaction to the non-compliance from
other members of the group
Actions to address violations should:
Eliminate incentives to not comply
Provide incentives to comply
(continued)

Have a Recognition program to promote SOP
Adherence

 Appendix A
DOJ Case #90-5-1-10802
Example SOP
Minimum Requirements

Recommended Practices

Act
A procedure compliance enforcement system
is in place and the following elements are
included
1 A system is in place to address all procedure
document issues

2 A system is in place to address all
procedure execution issues, including
disciplining when necessary
3 A system is in place to provide group and
individual feedback on procedure
compliance performance and issues found.

Ensure that SOPs are clear, correct,
concise, complete, and comprehensive
Determine why the procedure execution error
occurred (Training, unusual situations, and
take appropriate corrective steps
Discipline when the non-compliance is
solely related to individual actions
For example, safety meeting topics, individual
performance appraisals, routine safety communications

 Schedule of Bayer CropScience LP Facilities
as defined in Paragraph 7.c. of Consent Decree
1. BCS Facilities covered by the Process Safety Management of Highly Hazardous
Chemicals Standard (“PSM Standard”), 29 C.F.R. § 1910.119, or the Chemical Accident
Prevention Provisions, 40 C.F.R. part 68:
a. BCS Processes at Institute, WV-25, Institute, West Virginia;
b. BCS’s facility at 8400 Hawthorne Road, Kansas City, Missouri;
c. BCS’s facility at 1740 Whitehall Road, Muskegon, Michigan;
d. BCS’s facility in 1500 East Delano Avenue, Littlefield, Texas; and
e. BCS’s facility in 103 Erskine Street, Lubbock, Texas.
2. BCS Facility involved in chemical formulation and/or manufacturing but not covered by
the PSM Standard or 40 C.F.R. part 68:
a. BCS’s facility at 3310 Pasadena Blvd, Pasadena, Texas.

 APPENDIX B
STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT
Project:
Provide an 840,000 gallon sump to collect high process sewer flows going to the West Sump.
Very high flows exceeding the capacity of the West Sump system can back into operating units
and into the roadway and on to the Kanawha River. These flows may result from high rain
events, equipment failures, and some firewater deluge scenarios.

Nexus to GAA 112(rl
This SEP will reduce the risk of overflowing raw chemical wastewater to the Kanawha River by
enlarging sump capacity at the lnstitute facility. This project will allow Operators enough time to
start the back-up diesel-powered pump or correct electrical pump problems to prevent spills of
untreated wastewater into the Kanawha River. This SEP would limit releases and prevent
adverse environmental and public health impacts. This SEP would reduce the generation of
pollution through "source reduction" by preventing a hazardous substance form entering the
waste stream, and thereby being released into the environment. Adequate nexus is deemed
adverse impact to public health, pollution
to exist using categories B and C
-reducing
in the March 2015
prevention and reduction, and reducing overall riskto public health
Update to the 1998 SEP Policy.

Description of Project:
The proposed project will install an 840,000 gallon gravity fed collection sump to provide surge
capacity ahead of the West Sump, thus preventing the overflow of those surge flows from
production units and roadways.
The West Sump collects process sewer flows from BCS, Dow and tenant operating areas on
the West end of the lnstitute facility. Though improvements have been made to the West
Sump to reduce the likelihood of overflow from the sump itself, the risk still remains during high
flow events (i.e., firefighting and heavy rains).
Examples of very high flow events that could trigger an overflow on the West end are very
heavy rains, some fire water scenarios, catastrophic storage tank or pipeline failure, and
equipment failures at the West Sump itself. ln those cases, the lines going to the sump can
become the limiting factor and water can back up into production units and roadways on the
West end of the site. The West Sump has limited capacity and its overflow goes directly into
the Kanawha River. This can result in contaminated water reaching the Kanawha River. The
river is primarily a commercial and recreationalwatenruay. Boating and recreational fishing are
common in the area. The proposed solution is to install an 840,000 gallon sump to provide
process sewer surge capacity ahead of the West Sump. This will allow the surge flow to be
collected in the sump and then removed over time.

Page

I of3

 Chemicals contained in process sewer streams going to the west sump are as follows:
Methomyl and Thiodicarb from the production of Carbamate pesticide
Methylisobutylketone (MIBK), Naphthalene, Pyridine, Tetrahydronaphthalene (Tetralin),
from the production of a Thiodicarb pesticide
Acetone, Barquot, 1-4 Dioxane, Ethanol, Ethyl Cellosolve (2-Ethoxyethanol), Ethylene
Glycol, Ethylene Oxide, Glutaraldehyde, lsophorone, Methanol, Methoxydihydropyran,
and Mesitylene from site tenants.
The worst case is believed to be a catastrophic release of 254,000 gallons of Tetralin
(2,059,046 lbs.) from the above ground storage tank to the process sewer. Some
portion of that release would discharge to the Kanawha River as a result of an overflow

.
.
.
.

1)

2)

3)

4)

ldentifiable harm avoided:
The additional capacity to divert excess flow of process wastewater from the West
Sump into the collection sump would prevent untreated BCS, Dow and tenant process
wastewater from backing up into the process sewer and overflowing into the Permitted
Cooling Water outfall#002 and into the Kanawha River.
Specific improvements to water quality that BCS can identify:
BCS cannot quantify improvements, although the proposed West Sump expansion will
aid with WVDEP proposed reclassification of the Kanawha River from a category C
(Recreational Use) to Category A (Drinking Water Use). The ability to collect process
wastewater during an overflow condition would prevent the discharge of chemicals
listed in the Priority Pollutant List, and contained in the process wastewater streams
from the BCS and tenant production units on the site, into the Kanawha River.
Amount of water pollution avoided:
ln the last 4 years (2011-2014), approximately 373,000 gallons of untreated process
wastewater have ovefflowed the West Sump and ultimately discharged into the
Kanawha River.
Drinking water intakes improved:
The nearest surface water downstream public water supply intake is the Huntington
DistricVGuyandotte Station lntake which is 101 miles west of the Site on the Ohio River
Thus, this project has the potential to improve drinking water intakes much closer to the
local community.

Scheduling:
Construction Milestone Schedule
Start after winter weather of 2016 due to a major utility outage that is planned for the fall that
will not allow work to take place in the west end of the plant.
Sheet pile installation - to commence no later than May 1 ,2016 and be completed no
later than July 15, 2016;
lnstall new manholes and underground piping - to commence no later than May 1 ,2016
and be completed no later than July 1,2016 except tie-in to live sewers;
Excavate hole for sump - to commence no later than July 1 ,2016 and to be completed
by August 31,2016',
lnstall floor rebar installation and pour concrete floor - to commence no later than
August 31,2016 and to be completed no later than October 15,2016',
lnstall sump wall rebar installation and pour concrete wall - to commence no later than
October 15, and to be completed no later than December 31, 2016',

.
.

.
.
.

Page 2 of 3

 a

a

Set submersible pumps, platform, install instruments and electrical - to commence no
later than December 31,2016',
Safety barrier installation and cleaning of site to commence no later than January 15,
2017',

a

a

a

Commissioning and Testing - to commence no later than January 31,2017',
Tie-in new underground sewer to live sewers - to commence no later than February
2017 and complete no later than February 28,2017;
Substantial completion (i.e. sump in operation) - to be completed no later than
February 28,2017;
Paving to commence on March 31,2017 (post start-up, weather permitting).

1,

A. $3,100,000
A project cost summary and an indirect field cost summary is attached herein and made a part
of this appendix as a spreadsheet. lt includes a detailed breakdown of costs for equipment,
steel, paint, electrical, scaffolding and equipment rental.
BCS proposes to invest in a collection sump to provide surge capacity on the West end of the
site ahead of the West Sump.
Equipment
Piping and associated plumbing
Sump installation
lnstrument and Electrical installation
lnsulation and paint installation
Engineering and Design

$260,000
$230,000
$1,820,000
$70,000
$170,000
$550,000

TOTAL COST: Approximately $3,100,000

Page 3

of3

 I

150 Years

Scicnce For A Better Life

Slide

1

nfrastructure Spill Prevention

January 6, 2015

 Scenarios for Spills to R¡ver
.
.
.
.
.

Slide 2

Existing Process Sewer Manholes and Process Sewer Sumps have
Overflows to Cooling Water Returns which go directly to the River
Power failure
Pump failure
Heavy rain
Operator error

 B

A

Scope & Cost

BAYER
E

Scope:
Plug Center Sump Overflow and West Sump Ovedlow

West Sump. Add new Sump with Gravity Overflow from West Sump to this new
Sump. Re-route Gravity Overflow from LARVIN Distribution Sumps from River to
this new Sump

Cost.

Slide 3

$3,1 00,000

 New West Sump Diversion Sump (All
Gravity Flow)

B

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Legend

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APPENDIX C
STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT

Project:
AT&T will design, and implement an application for mobile devices (i.e. cell phones) to alert
and communicate with the public during emergencies. Another third party will develop and
coordinate a communications effort directed at those who work and live in Kanawha County
This system will function in addition to the reverse 911 system which is already in place.
ln addition, Kansas City is in the process of implementing a similar system which will include
areas containing Bayer CropScience manufacturing facilities. For that program we propose to
fund development and coordination ofa communications efforl directed at those who work and
live in Kansas City.
Nexus to CAA 112 (rl:This SEP enhances a facility's ability to communicate emergency incidents to on-site and offsite emergency operations centers (EOCs) and thereby enhances coordination with local
emergency responders, in this instance in two locales
Kanawha County, West Virginia and
Kansas City, MO. This mobile communication system will facilitate a quicker and more
efficient response to releases associated with emergency events. lt will assist Kanawha
County and Kansas City, MO to develop emergency response plans, to train emergency
response personnel. Adequate nexus is deemed to exist usíng categories G
emergency
planning and preparedness, and reducing overall risk to public health
- in the March 2015
Update to the 1998 SEP policy.

Description of Project:
For the Kanawha County mass notification system to be effective for the 191,300 citizens,
visitors and area businesses they must be aware of the system and then sign up to receive the
important notices. This Application will be a partnership of Emergency Management, Metro
9'11, Appalachian Power, West Virginia 511, and the National Weather Service, and the West
Virginia Water Company. The Application will be used to close communication gaps by
addressing public information and warning, planning, and community recovery capabilities and
reduce the number of calls to Metro 911 during emergencies. The total startup cost of the
project is estimated to be $65,000. Annual maintenance costs for this system are projected to
be $15,000. Bayer Crop Science LP will assume responsibility for annual maintenance cost
for three years. A program to introduce the system to the served populations and to promote
its use will also be undertaken at an initial cost of $10,000. This system will be available to
anyone with a cell phone and will communicate about emergencies throughout Kanawha
County. Underserved areas in the county are already included in the existing reverse 911
system which reaches home phones. This cell phone application will expand service to those
and other areas where cell service is available. lnformation, warnings, and updates can be
pushed out to anyone with a cell phone regardless of where they reside.
Page 1 of2

 For the Kansas City mass notification system to be effective for the 460,000 citizens, visitors
and area businesses they must be aware of the system and then sign up to receive the
important notices. A comprehensive and targeted marketing campaign is planned utilizing
direct outreach and mass media outlets. These communications will be both informational and
educational in nature. Part of this campaign will be focused on reaching vulnerable
populations within the community where early notification is critical

Scheduling:
BCS will work and partner with AT&T in the design and implementation of a mobile alert
application. The goalwill be to develop such an application within 90 to 150 days of the entry
of the final Consent Decree or December 30,2015 whichever comes later. The goal will be to
complete the application no later than May 31 ,2016.

A.

$65,000
A third party will develop and startup a mobile device (i.e. cell phone) Application for
communication regarding emergencies in Kanawha County, WV. The projected total
development and startup cost is $65,000. See the AT&T letter attached to this form.

B. $10,000
A third paÍy public relations firm will communicate the existence

of the Kanawha County
system and facilitate subscription to the service throughout Kanawha County. lnitial
communication and promotion activities are projected to cost $10,000.00. See the Charles
Ryan associates letter attached to this form.

c.

$75,000
A third party public relations firm will communicate the existence of the Kansas City system
and facilitate subscription to the service throughout the city. A city wide communications effort
is projected to cost $75,000.00. See the December 22,2014 e-mail from Gene Shepherd to
Connie Stewart with a proposed budget and budget justification attached to this environmental
project proposal.
D. $ 45,000
Bayer Crop Science LP will assume responsibility for annual maintenance cost for three years
Annual maintenance costs for this system are projected to be $15,000 for a three year total of
$45,000.

TOTAL COST: Approximately $195,000.00

Page 2 of 2

 atat
Dale Petry, Director
Homeland Security and Emergency Management
Kanawha County Commission
PO Box 3627
Charleston, WV 25336

Re: Kanawha County Emergency Management Application

Mr Petry:
Per our discussion, Kanawha County Commission will be the customer of record for the

Kanawha County Emergency Management Application. Kanawha County Commission will be
signing the attached WSCA Participating Addendum and the Statement of Work.

Additionally, Kanawha County Commission will own the Developed Work and be responsible for
the support and changes of the Developed Work.
It is AT&T's understanding, Bayer CropScience will be responsible for the costs of developing
the Kanawha County Emergency Management Application in the amount of 565,000 per the
attached Statement of Work. The development charges will be invoiced to the Kanawha
County Commission account. Bayer CropScience should remit payment with a copy of the
Kanawha County Commission invoice.

Sincerely,

DJ Sigman
AT&T Mobility
816 Lee Street
Charleston WV 25301
Cell: 304 9328L04
e-mail : ds8355@att.com

 407 VtRclillA SmEEr, EAsr
P.0. Box3627

DaleA. Petry, Dlrcctor
G.W. Slgman, Deputy Dlrccbr

CHARtEsnoil, WV

25338

0fllce: (304) 357-0986

Fax

(304)357-0788

nrnv.kanawha.us

KANAWHA COUNTY EMERGENCY MANAGEMENT
September 2,2OL4

OVERVIEW

1.

Project Background and Description

Reflecting back on our water contamination event allowed us an opportunity to not only look at
strengths and weaknesses in our preparedness, planning and response, it also allowed us an
opportunity to see how or organization can evolve. We discovered that a major platform for alerting
and communication with the public was Twitter and Facebook. Mobile devices and apps became a
way to provide live updates and form a two way communication with the public. As with most
emergency operations, communications and public alert and notification can always be refined and
improved upon. The ability to be able to disseminate one specific message, as fast as possible to
first responders, citizens, municipalities, businesses and all entities is goal to we strive to
accomplish.

From 1990 to 2011 , worldwide mobile phone subscriptions grew from 12.4 million to over 6 billion,
penetrative about 87% of the global population and reaching the bottom of the economic pyramid.
With a potential platform to contact a large majority of residents in Kanawha County, idea sharing
and research led to the identification and need for designing an emergency app.
The app will be a partnership of Emergency Management, Metro 911, Appalachian Power, West
Virginia 511 and the NationalWeather Service.

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Project Scope

ln emergency management when you identify gaps in your plan and the improvement you make to
close those gaps are focused around 31 core capabilities. We feel that this app will close some gaps
in our plan by addressing public information and warning, planning, and community resilience
capabilities. We also felt that it was important for emergency management to communicate with the
public when possible to alleviate the call load of Meho 911. During large emergency events Metro
Dispatches can become inundated taking multiple calls for the same event. Our goal is to provide a
platform to prepare, alert and help the public recovery by utilizing our resources efficiently. This app
with be one more resource the county can depend on such as our Outdoor Warning Siren, Swift
Reach, and Text 91 1.

The app will be able to tie into Metro 911 to provide live call information. Emergency Management
can then trigger an action item for the public via push notification.
The app will address the 3 capabilities of public information and warning, planning and community
resilience by providing the ability to:

.
o
o
o
.
.
o
.
o

Alert the public by sending out push notifications (i.e. shelter in place).
Alert the public by creating an archive of media releases.
Alerting the public by connecting to our Facebook and Twitter accounts.
Community resiliency information such as emergency operations plan, traffic diversion plan
and evacuation plan.
Community resiliency information by locating shelters and distributions centers throughout
the county.
Community resilience information for recovery and local assistance centers
Planning and preparedness tips addressing specific Kanawha County Risks and Hazards.
Planning and preparedness tips such as tips to build a kit.
Planning and preparedness tips such as Metro Live Call Data, Live Tratfic lnformation,
Mapping, Power Outages and Weather.

Project Vision - Ernergency app

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Startup and Costs

App developers are ready to move on this project immediately. We have currently set through one
mobile application demo and another demo is slated for 9115114. Kanawha County Emergency
Management has had continued talks about design and costs since the start of this project in May.
The estimated startup fee to design this app is $65000.&15,000 annual maintenance and software
upgrade fee. Kanawha County Emergency Management has built that maintenance fee into our
Emergency Management Performance Grant Application.

The version of the Ready San Diego app, which was the template for this project has a video here:

APPROVAL AND AUTHORITY TO PROCEED
We approve the project as described above, and authorize the team to proceed
Name

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Dale Petry

Emergency Management D¡rector

C.W Sigman

Deputy Emergency Manager

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Enable mobile workers,
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Mobile Application
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Build apps and services
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Native Mobile application

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Make a plan
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designers, technical arch¡tects
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Custom system for Kanawha content
Shelter Database designed by AT&T,
maintained by Kanawha County
Push Notifications - Urban Airship
D¡str¡buted through App stores

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lntegration

Emergency

Static county maps
Dynamic Shelter locations

Get lnvolved
SocialMedia

Resources available
Local assistance centers
Red Guide to Recovery

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citizens that provides important
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Platinum Application Development Support Package
Standard support hours are 24x7.
Access to AT&T's outstanding, developers, designers and technical architects to identify and resolve any code-related issue

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Support hours include any support activity performed by Application Service Desk, Service Assurance and Application
Development. This also includes code development and QA required to fix any code related issues.

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Platform Updates

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lntellectual Property. All rights reseryed. AT&T and the AT&T logo are trademarks of AT&T lntellectual Property.

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 About Use of Urban Airship for Push Notifications

County of San Diego uses Urban
Airship

-

Over 3 million Push Notifications in

latest incidents...without issues

Contract Direct with Urban Airship
Code lntegrated into Mobile App

Dedicated lnfrastructure to handle
Billions of Push Notifications

19

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I

Urban Airship

lntellêctual Prcperty. All rights reserued. AT&T and the AT&T logo are tÊdemarks of AT&T lntellectuàl Pþperty.

e

 Project Cost
Solving Kanawha County emergency preparedness needs
Appl ication Development
SSS,OO0 One Time Charge

Application Support

-

Platinum 24/7 + iOS and Android OS Upgrade Support

St5,000 Annually

Push Notification Hosting Charges
First L Million Push Notifications

-

- Urban Airship List Pricing

Free

Additional Push Notifications - S.OOf per recipient message

Hosting

-

Emergency Shelter Admin and Database

Rackspace.com - SfOO - SzïO/month depending on options. Priced at Sf+O/month for "standard" setup

AT&T- Working on a quote

20

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ThankYOu!

  

407 V¡RG NtA STREET, EAST
P.O. BOX 3627
CHARIESTON, WV 25?36

Dale A. Petry, Director
C.W. Sigman, Deputy Director

Office: (304) 3s7-0966
Fax: (304f 357-0788

www.kanawha.us

December 5,2074

Thank you for helpful assistance as we seek to fund an important public warníng tool. Like many

other communities and political jurisdictions, and the proliferation of smartphones, we see the value of
putting timely emergency public warning and information into the hands of the citizen, as well as certain
key resources useful during an emergency information.
Over the last decade, my office has exploited emerging technology to enhance, and add layers
redundancy
of
to, public warning assets. For instance, we have purchased a reverse-9l1 system that not

only dials massive landline subscribers in a short time, it also allows wireless and email users to opt-into
our database. More recently, we have increased the presence of our outdoor warning system, growing

the network from forty-seven to fifty-nine sirens. ln key locations, we've placed newer siren technology
capable of public address announcements.
We have invested much of this year researching how to best deliver critical information directly

to each citizen. We've developed a concept for a smartphone application (app) in which functionality
follows form; an idea for an app that is sensible and ergonomic, but would powerfully deliver key
information and resources with a finger touch.
We consider it imperative that such an app be rock-solid in performance and not merely

a

presence. Therefore, we believe we've found the right vendor to develop our app, on both Apple and

Android platforms with functional integrity. However, we are limited by our own financial resources.
Of course, once the app is developed and hosted for free download, it will not be successful

without an impactful rollout that includes, among other facets, a multimedia campaign to raise
awareness so that the entire population is aware of this resource and seeks it out.
As you know, ours is a large county and home to several significant hazards, both natural and

manmade. Timely warning of potential or developing emergencies is one of our core responsibilities. We
consider the deployment of app technology to be an important project to enhance the safety of the
population we serve and I thank Bayer for careful consideration for a 560 thousand dollar contribution
to help make this a reality.
Sincerely,

 JOHN OWEN
Gene Shepherd <Gene.Shepherd@kcmo.org>

From:
Sent:
To:
Subject:

Monday, December 22,2014 3:58 PM
Connie Stewaft; JOHN OWEN
Kansas City Mass Notífication Marketing Campaign

Connie and John,

Your request for more information regarding the proposed mass notification system marketing campaign is
understood and appreciated. Unfortunately we have not developed a fully scoped marketing strategy and must
abide by City policies and processes for contract solitication, therefore we are unable to provide you with a third
party quote for the project at this time.
However, the City has understaken similar marketing campaigns for other services and projects that can be
looked at to get an idea of types of media outlets and estimated costs for a project such as this.
One example is a recent Parks and Recreation Department marketing campaign for one of the City's
entertainment venues with the following project costs:
Target Cable

Ads

6 weeks

Radio Traffic Sponsorships 3 weeks
Outdoor Billboards
4 weeks
Gas Pump Toppers
8 weeks
Frozen Billboards
4 weeks
Facebook Ads
6 weeks
TV Production
Photo Shoot & Image Licensing
Out of Home Creative Services

Total

s13,725
97,240
$3,590
$3,388
92,717
$s00
$10,000
$5,000
$3.840
$50,000

In addition to costs similar to those listed above this project may also include the development and production
of written pamphlets to be handed out at public events, advertising on metro buses, and other possible
strategies. This campaign will be structured to ensure that the widest audience possible, including vulnerable
populations, are aware of and motivated to sign up for emergency notices via the City's enhanced mass
notification system. We are confident that our proposed budget of $75,000 will provide the funds necessary to
ensure a comprehensive and successful marketing project.
Hopefully this information, combined with the project details outlined in my previous email, will sufficiently
address your request for futher information. I look foward to working with you on this funding effort to
increase public safety for the citizens of Kansas City, Missouri. If you have further questions, please let me
know. Thank you for your consideration of support for this endeavor.
Gene

1

 crlY o¡ ¡ouNlArNs
HTART OD lHE NATION

635 Woodland, Suite 2107

Kansæ City, Missouri 64106

I

*

Phom (816) 513-8ó00

KANSAS CITY

MISSOURI

December 4,2014
Dear Connie,

In follow up to our phone call this morning below is

a brief synopsis of the mass notification
implementation and outreach campaign being proposed in Kansas City Missouri. This project
would significantly enhance the safety of the citizens of Kansas City,

The project is related to the future irnplementation of a mass notification system that
to alert our community to important emergency information.

will

be used

While we are currently using the Nixle notification system to alert our citizens of advisories and
community messages it is not capable of issuing true emergency alerts. To address this city of
Kansas City has purchased Nixle 360 and is in the process of upgrading to the enhanced system.
Upgrading to Nixle 360 will allow us multiple ways to alert our community to emergencies of all
types includinghazudous materials incidents. This may include text, email and phone
notifications. While this upgrade will be a great benefit to the citizens of Kansa.s City there is still
significant work to be done to make it successful.
For the mass notification system to be effective the 460,000 citizens, along with visitors and
area businesses of Kansas City, Missouri must be aware of the system and then sign up to receive
the important notices. For various reasons, one of the known challenges to the success of any
mass notification system is the initial reluctance of individuals to register to receive messages.

A way to significantly increase the number of individuals and businesses that opt into our mass
notification system is through a comprehensive and targeted marketing campaign. This proposed
campaign would utilize direct outreach and mass media outlets and be both infonnational and
educational in nature. Part of this campaign will be focused on reaching vulnerable populations
within the community where early notification is critical. With an endowment of $75,000 we
could educate the public on the benefits of receiving emergency notices from the City of Kansas
City, Missouri. The money would be used in various ways including marketing and outreach to
effectively convey the importance of registering with our mass notification system, thus
enhancing public safety.
Your consideration of this public safety project is greatly appreciated. This project will enhance
the safety and security of the residents in the vicinity of the Bayer facility and also have a

 positive effe,ct on the safety of all of those who work and live within Kansas City. Again thank
ylu &,{ üe opportu¡ity and pleæs-do¡ot hcsitatela@ntact me if any fr¡rttraclarificatiorr_or- information is needed.
Sincerely,

10.*-.!

Gene Shepherd

Cc Greg Moerer, Bayer Crop Science Kansas City Mo

 Gene Shepherd
Emergency Manager
Oflice of Emergency Monogement

City of Kansas City, Mo.
635 Woodland, Suite 2107
Kansas City, MO 64106
Email: Gene.Shepherd@kcmo.ors
Office: 816-513-8601
Cell: 815-812-6835
Fax: 816-513-8615

2

 CØr

lcharles ryan associates
Kanawha County Emergency Management
Gommunity Outreach Scope of Work

Based on discussions between Dale Petry, director of emergency services in Kanawha
County, and members of the Charles Ryan Associates account services team, our firm
offers the following Scope of Work for community outreach.
Kanawha County Emergency Management (OEM) is looking to evolve in 2015, and a
new mobile app is at the center of that push. The OEM has $10,000 to direct toward a
community outreach campaign that would encourage residents to download the app as
well as educate about the app's benefits, including the link to sign up for "Reverse 911,"
available on the Metro 911 website.

CRA hopes to work within that budget to manage a campaign implementing the following
tactics and methods:

App Unveiling - News Conference & Earned Media

CRA would work with the County to organize and promote a media event to otficially
"unveil" the app. We would schedule the event shortly (within seven days) after the app
launches and is available for download, which could be early spring 2015. CRA would
send out a media advisory announcing the event and follow up with media to ensure
coverage.

Media Kit
CRA's creative department will design and print materials for a media kit, including a fact
sheet and FAQ sheet, which would be distributed during the app launch event
(discussed above). CRA also would produce a news release for the kit and electronic
dissemination. lncluded in the kit would be a DVD containing the short video produced
by AT&T about the app.

Electronic Kit

CRA would produce an electronic version of the media kit for the OEM to send to various
employers and others throughout the Kanawha Valley. We would prompt those
employers to share with employees and others, encouraging download of the app and
providing links to the County's website and app video.

Social Media
CRA would provide potential social media topics for both Facebook and Twitter posts.
Topics could include teasers about the app, alerts, information about various Emergency
Services programs and tips. The posts could start in early 2015 and run the duration of
the app campaign.
Public Seruice Announcements
CRA would contact local television outlets and request the app video be placed in
rotation,

charlesryan.com

 (6r

lcharles ryan associates

Budget Breakdown
o App launch event and media relations
o Media kit and electronic kit
o Design
$2,500
o Copywriting/Proofing $1,500
. Social media topic calendar
. Media relations for PSAs

$4,000
$4,000
$1,000
$1,000

Additional Funding Opportunities

We understand additional funds might be available in the future. CRA could use that
money to organize grassroots efforts throughout the community, manage social media
accounts, design online ads, buy interactive advertising, implement partnerships within
the community and purchase Facebook boosts, among a variety of possibilities. We
would be happy to provide more detailed strategies if the budget expands in 2015.

charlesryan,com

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 APPENDIX D-1
STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT

Project:
Provide equipment for the Nitro Police Department to facilitate traffic control during emergency
events near the lnstitute BCS site.

Nexus to GAA 112(rl:
This SEP enhances the capabilities of local emergency responders and willfacilitate quicker
and more efficient responses to releases associated with emergency events. Adequate nexus
environmental compliance promotion and
is deemed to exist using categories F and G
providing
preparedness,
planning
technical support to members of the
and
emergency
regulated community in order to identify, achieve and maintain compliance with applicable
statutory and regulatory requirements, and enabling organizations to fulfill their obligations
under the Emergency Planning and Community Right-to-Know Act (EPCRA) to assess
dangers of hazardous chemicals present, and to develop emergency response plans to better
in the March 2015 Update to the 1998 SEP Policy. This SEP
respond to chemical incidents
is appropriate as the primary impact of facilitating traffic control during emergency events is
within the same emergency planning district as the lnstitute facility, and violations of Section
112 (r) of the Clean Air Act are alleged in the complaint.

-

-

Description of Project:
Purchase a trailer and equipment for the Nitro Police Depaftment that will allow the
Department to promptly provide traffic control response in the event of a major site emergency.
The trailer would be used for storage and transportation of traffic control equipment for
immediate response to emergencies.

Scheduling:
BCS's goal is to order the equipment for the Nitro Police Department within 90 days following
the entry of the final Consent Decree or by December 1,2015, whichever comes later.
Dependent upon supplier capabilities, BCS expects delivery within a reasonable time after the
order is placed.

A.

$9,500
8ft X 18ft Traffic Trailer enclosed box style. $6000.00
Labor to install equipment into trailer and Decal. $3500.00

B. $5,299.80

12 - A post style collapsible barricades 6 ft. high intensity double sided. $85.00 each,
$1020.00 total
24 Barricade lights solar powered. $45.00 each, $1,080.00 total
100 - Traffic cones 36 inch orange with reflective collar. $24.00 each, $2,400.00 total

-

Page

I of2

 50 - Delineator Posts with reflective band and rubber base. $48.00 each, $2400.00 total.
4 - Portable speed humps 9 ft. folding with storage bags. $199.95 each, $799.80 total.

c. $5,090.00
6 - Vinyl roll up signs (Road Closed Ahead, Right Left Lane Closed). $45.00 each,
$270.00 total
4 - 6 pack Power flares, orange body with red lights and magnetic base. $700.00 each,
$2,800.00 total.
10 - Hand held traffic wands (Night stick with yellow cone with blue and white). $35.00
each, $350.00 total
10 - Streamlight poly Stinger DS LED rechargeable flashlight with orange cone. $1 15.00
each, $1 150.00 total
2 - 5 bank charger for Poly Stinger DS LED Flashlights. $260.00 each, $520.00 total.
D.

$5,069.70

-

12 Motorola hand held radio batteries. $85.00 each, $1,020.00 total
2 - 6 bank charger for Motorola batteries. $525.00 each, $1 ,050.00 total
1 Expandable "Police Line Do Not Cross" barricade, yellow. $500.00 each, $500.00 total
10 Rain Coats Hi Vis yellow reversible black. $139.99 each, $1 ,399.90 total
20 Reflective Vest with POLICE h¡ visibility yellow. $39.99 each, $799.80 total.

-

-

2 - Emergency shelter tents. $150.00 each, $300.00 total

E. $4,409.95

-

3500 watt generator. $500.00 each, $500.00 total
Whelen
Surface Mount flue flash with white scene work lights. $450.00 each, $3,600.00
total
1 - 30 Amp Power Supply for radio and emergency lights. $260.00 each, $260.00 total
1 - Radio antenna. $1 10.00 each, $1 10.00 total
1 - Radio antenna. $139.95 each, $139.95 total
1 - Small refrigerator for water. $200.00 each, $200.00 total
1
8

TOTAL COST: Approximately $32,170.00

Page2 of2

 APPENDIX D.2
SU

STATEMENT OF WORK
PPLEMENTAL ENVIRONMENTAL PROJECT

Project:
Provide communications equipment for the Saint Albans Police Department to support emergency
response

Nexus to CAA 112(rl:
This SEP enhances the capabilities of local emergency responders and will facilitate quicker and more
efficient responses to releases associated with emergency events. Adequate nexus is deemed to
exist using categories F and G
environmental compliance promotion and emergency
planning and preparedness, providing technical support to members of the regulated
community in order to identify, achieve and maintain compliance with applicable statutory and
regulatory requirements, and enabling organizations to fulfill their obligations under the
Emergency Planning and Community Right-to-Know Act (EPCRA) to assess dangers of
hazardous chemicals present, and to develop emergency response plans to better respond to
in the March 2015 Update to the 1998 SEP Policy. This SEP is
chemical incidents
primary
appropriate as the
impact of responding to emergencies with improved equipment
during emergency events benefits the same emergency planning district as the lnstitute facility,
and violations of Section 112 (r) of the Clean Air Act are alleged in the complaint.

-

-

Description of Project:
The Saint Albans Police Department is requesting funding for hand held radio equipment to support
emergency response activities. The hand held radios described in this statement of work are needed to
expand the capabilities of radios that are currently used. Currently the Department uses radios in
police cruisers (mobile radios). The radio equipment proposed, a hand held radio, will enable the St.
Albans Police Depadment to have statewide communication with emergency responders. These hand
held radios will allow the department to provide each officer, including the Reserve Officers to carry a
radio on their person, thus, enabling officers to utilize radios in their vehicles as well as hand held ones.
Hand held radios are able to broadcast in areas where mobile radios cannot, since the hand held radio
equipment has a broader range, they will enhance and expand communication as they will act as a true
statewide communication system. Due to the financial constraints of their current city budget, these
hand held units are equipment that the department would not othen¡vise be able to purchase. This
proposed equipment will assist tremendously during a chemical emergency when the department will
rely on all of the communication units at the same time to assist with traffic control and other vital and
necessary emergency measures.

Scheduling:
BCS's goal is to place an order for equipment for the St. Albans Police Department 90 days following
the entry of the final Consent Decree, or by December 1,2015, whichever comes later.
Dependent upon supplier capabilities, BCS expects delivery within a reasonable time after the order is
placed.

Page 7

of2

 A.

$14,000
Eight (8) Kenwood Model TK-5310-K5 Hand Held Radios at $1,800 each

TOTAL COST: Approximately $14,400.00

Page2 ofZ

 APPENDIX E
STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT

Project:
Clean out services for use by area High Schools

Description of Project:
Provide services to be used by Kanawha County High Schools and Career Schools. Although
schools may be required to manage chemicals and hazardous wastes appropriately, many
lack the skills and resources to do so. This SEP will identify, remove and properly dispose of
hazardous chemicals from schools as these chemicals impact children's health and
communities with environmentaljustice concerns. Clean Harbors Environmental Services, lnc.
will provide materials, labor and disposal for hazardous materials found in school chemistry
and other labs. Kanawha County lists 17 High schools and Career schools which will from
time to time generate waste for removal under this program. The total cost per event will be
variable based on the materials, quantities, and locations of materials to be picked up,
transported, and disposed of. The total cost is a budgetary estimate based on multiple events
for 17 Kanawha County schools. Attached is a quote from Clean Harbors, lnc.

Nexus to CAA 112

(rl:

This SEP has the potential to reduce releases and prevent hazardous materials from entering
the waste stream in Kanawha County; accordingly, it will lower levels and amounts of pollution
The primary beneficiary is the community in the vicinity of the lnstitute plant in the Kanawha
Valley which is potentially at risk. Adequate nexus is deemed to exist using categories B and
pollution reduction, pollution prevention, reducing adverse impact to public health, and
C
reducing overall risk to public health- in the March 2015 Update to the 1998 SEP Policy.

Scheduling:
BCS's goal is to establish a schedule for clean outs when schools are in session, taking into
consideration that many schools will be closed during the summer and for holidays, but to
accomplish cleanouts at the majority of the schools within 360 days of the entry of the final
Consent Decree. Working in conjunction with Clean Harbors, BCS would commence the
cleanouts no later than November 30,2015, complete half of the cleanouts by June 30,2016,
and complete the remaining cleanouts by December 15, 2016.

A.

$450.00
Task 1, Lab Pack Mobilization per event

B. $4,007.40

Task 2, Disposal - $2,406.40 depending on the materials and quantities. See quote
Page

I of2

 Task 2, Labor, Supplies, and Equipment - $1,351.00 depending on the materials and
quantities. See quote
Task 2, Transportation - $250.00 per event

c.

$60.00
Estimated energy fee - $60.00 per event

D. $5,000

Lab Personal Protection Equipment (PPE) for distribution to the schools. Typical examples
include safety glasses, face shields, disposable gloves, and lab coats.

E.

17 Kanawha Gounty School Locations
O

a
a

a
a
a
o

a
o
a
a
a
a

a
a
a
a

Carver Career & Technical Education Center, Rand
Capital Hiqh School (Charleston, West Virsinia)
Charleston Catholic Hiqh School , Charleston
Cross Lanes Christian School, Cross Lanes (Charleston)
Elk Valley Christian School, Elkview
Ben Franklin Career & TechnicalA/ocational Center, Dunbar
Garnet Career Center, Charleston
Herbert Hoover Hiqh School, Fallin g Rock (Clendenin)
Kanawha County Schools Academy
Nitro Hiqh School, Nitro
Riverside Hiqh School, Quincy (Belle)
St. Albans Hiqh School, St. Albans
issonville H h School Pocatalico (Charleston)
South Charleston Hiqh School, South Charleston
South Charleston Christian Academy, South Charleston
Georqe Washinqton Hiqh School, Charleston
University Collaborative School, lnstitute

TOTAL COST: Approximately $161,795.80

Page2 of2

 0ssütrù'
Clean Harbors Environmental Services, Inc.
4879 Spring Grove Avenue
Cincinnati, OH 45232
www.cleanharbors.com

November 4,2014

Attn: Mrs. Connie Stewart
Bayer Crop Science
100 Bayer Road

Building

14

Pittsburgh, PA 15205
Quote #2033 6 12, Bayer Crop scienc e, Institute, WV
Dear Mrs. Stewart:

Thank you for considering Clean Harbors Environmental Services, Inc. (Clean Harbors) for your
laboratory chemical waste management needs. We are pleased to provide you with the following
pricing. Additionally, Clean Harbors has the appropriate permits and licenses for the acceptance and
disposal of the waste streams identified within this quotation.

In addition to providing laboratory chemical
including:

a

Waste Transportation & Disposal
Laboratory Chemical Packing
Field Services

to our company
environment¿l services

management services and disposal

owned and operated facilities, Clean Harbors offers a broad range

o

of

24-Hour Environmental Emergency Response
Industrial Services
InSite Services

I look forward to continuing to service your environmental

needs. To place an order, please contact
our Customer Service group at 800.444.4244.If you have any questions or need fuither assistance,
you may reach me at the number below.

Sincerely,

James

A Gintz

Cleanpack Specialist

Phone:513.681.5738

:. "People and Technology Creating a Safer, Cleaner Environment"

 November 4,2014
Clean Harbors, Quote #2033612

Page2 of 5

QUOTE SUMMARY
Description

,{mount

I: LAB PACK MOBILIZATION

$450.00

2: ONSITE LABOR, DISPOSAL AND TRANSPORTATION

$4,007.40

Subtotal

94,457.40

Estimated Energy Fee

$60.00

QUOTE TOTAL

$4,517.40

't'/People and Technologt Creating a Safer, Cleaner Environment"

 November 4,2014
Clean Harbors, Quote #2033612

Page 3

of5

TASK 1: LAB PACK MOBILIZATION
TASK 1: TOTAL LABOR, EQUIPMENT, AND MATERIAL

$4s0.00

Estimated Energy Fee

$0.00

Estimated total, including Fees

$4s0.00

TASK 2: ONSITE LABO& DISPOSAL AND TRANSPORTATION
DISPOSAL
Profile/WasteCode \l'aste Description

Qtl'

UOi\'l

LABPACK ELEMENTAL MERCTIRY

3
5
I

drum $121.80
$82.00
5 gallon pail
$437.00

LCHG4

LABPACK MERCURY SALTS AND

I

5 gallon

LRCT

LABPACKREACTIVES FOR
INCINERATION

I

pounds

LABPACK FOR INCINERATION

LCCR
LCCR

LABPACK FOR INCINERATION

LCCR

LABPACK FOR INCINERATION
LABPACK FOR INCINERATION

LCCR

LCHG2

FORRETORT

SOLUTIONS FORRETORT

255
130

Total

Price

16 gallon

drum $203.00 $406.00
drum $193.00 $193.00

5 gallon pail

pail

$365.40

$4r0.00
$437.00

$437.00

$437.00

$r3.20

'$158.00

Total

52,406.40

'The following minimum price(s) will apply:
UOM

Profile/Waste Code

LRCT

Minimum Price

55 gallon drum

$158.00

LABO& SUPPLIES, AND EQUIPMENT
A¡nou

nt

Description

Qt¡'/uoilt

Davs

Price

Total

I
I

$45.00

$225.00

s45.00

$225.00

$64.00

$320.00

I

Chemist

5 hour

I

Lead Chemist

5 hour

I

Box Truck

5 hour

I

each

nla

$0.00

$0.00

each

n/a

$40.00

$120.00

1 each

nla

$4s.00

$45.00

)
J

I

Standard Clean Pack PPE

/70 L Poly Drum
tH2N56tS
30 Gal / l20Litre Poly Drum
16 Gal

tH2Nt42ls

"',

I

I

"People and Technology Creating a Safer, Cleaner Environment"

 November 4,2014
Clean Harbors, Quote #2033612

Arnounl

Description

Davs

Price

Total

I

each

nla

$22.00

$r76.00

55 Gal I 205 Litre Open Head
Poly, Reconditioned Drum

I

each

nla

$s0.00

$100.00

Vermiculite 4 cuft

I bag

nla

$3s.00

$140.00

IH2N2

4

Qtl'/uon'l

of5

5 Gal l2DLitre Poly Drum

tH2Nt.5/60

2

Page 4

Total

$1,351.00

TRANSPORTATION
Dispatch Location
OH Hub

Plice

UON,I

$250.00

TASK 2: TOTAL ESTIMATE
Estimated Energy Fee

Estimated total, including Fees

Total
$250.00

$4,007.40
$60.00

s4,067.40

GENERAL CONDITIONS
a

a
a

o

a

Except where superseded by an existing services agreement the following tetms and conditions
apply to this quoted business.
Prices firm for 30 days.
Terms: Net 60 Days
Interest will be charged at l.5Yo per month or the maximum allowed by law for all past due
amounts.
Local, state and federal fees/taxes applying to the generating locatiorVreceiving facilities are not
included in disposal pricing and will be added to each invoice as applicable.
Materials subject to additional charges if they do not conform to the listed specifications.
Electronically submitted profiles will be approved at no charge. Paper profiles will be charged at
S75.00 each.

a

a

a

o

Compressed gas cylinders requiring special handling due to inoperable valves will be assessed an
additional charge of $400.00 per cylinder. Cylinders larger than medium size will be quoted case
by case. This charge may be sent as supplemental invoice.
A variable Energy Fee (that fluctuates with the DOE national avercge diesel price), currently at
24.0yo, will be applied to transportation items only. For more information regarding our energy
fee calculation please go to : www. cleanharbors. com/recoveryfee.
Pickups that require same day or next day service may be subject to additional charges.
Pickups cancelled within 72 hours of scheduling will be subject to cancellation charges.

:, "People and Technology Creating a Safer, Cleaner Environment"

 November 4,2014
Clean Harbors, Quote #2033612

Page 5

of5

GENERAL CONDITIONS
a

a

a

o

Transportation charges

to the final disposal facility will be charged in addition to local

transportation to our truck to truck hub/local facility and will vary with logistics and routing.
Time over eight (8) hours in the normal workday and all day Saturday is considered overtime
and will be billed at 1.5 times the applicable straight time rate for all billable personnel unless
otherwise quoted. Sunday and Holidays are considered premium time and will be billed at 2.0
times the applicable straight time rate for all billable personnel unless otherwise quoted.

Standard disposal conversions (excluding minimums) apply to containers other than 5 gallon
drums unless otherwise quoted: 6-209 60yo, 2I-30g 75Yo,31-55g I00yo,56-859 I45o/o, FBIN
350yo, TOT2(<300gal TOTE) 500yo, TOTE 630%.
Final invoicing will be based upon the unit rates for those items used in performance of the
services and materials shipped for disposal. In the event the unit price of an item required for
proper performance of service is not listed in this quotation, the item will be invoiced at list
pricing.
In the event that legal or other action is required to collect unpaid invoice balances, Customer
agrees to pay all costs of collection, including reasonable attorneys' fees, and agrees to the
jurisdiction of the Commonwealth of Massachusetts.

ACKNOWLEDGEMENT
Your signature below indicates your acceptance of the pricing and terms detailed in the quote above.
Thank you for the opportunity to be of service.

Signature

PO#

Date

Print Name
Quote # 2033612

"People and Technology Creating a Safer, Cleaner Environment"

 Conta¡ner

Chemical

Quant¡ty

L

(ethylenedinitrilo)tetra-acet¡c acid disodium salt

2

? Ether

3

?amine

200

4

0-nitrophenol

500 s
100s

100 s

Ltb

E

5

O-toluidine

5

1-(2-pyridylazo)-2-na phthol

7

!,L,2,2-tetrabromoetha ne

8

1.,2-dichloroethane

946 mL

9

1,2-dichloroethane

946 mL

10

1,2-dich loroetha ne

72

L,2-propanediol cyclic carbonate
1,3-dihydroxynaphthalene-3,6-disulfonic acid

946 mL

77
13

1,4-dioxane

t4

1,6 hexanediamine

15

1-ami no-4-nitronaphtha lene

L6

21,

1-aminobenzothiozole
1-bromobutane
1-bromonaphthalene
1-bromonaphthalene
l-ch loro-2-methyl propa ne
1-ethylquinolinium iodide

22

L-hexadecanol

23

28

1-lodo-3-nitrobenzne
1-lodo-4-nitrobenzene
1-lodo-4-nitrobenzene
1-lodo-4-nitrobenzene
1-iodopentane
2,2,2-nitri lotriethanol

29

2,2,2-nitri lotrietha nol

30

2,2,4,4,6,6,hexanitrodi phenyla mi ne

31

T7

L8
19

20

24
25
26
27

35

2,2-oxydiethanol
2,4,5-trichlorophenol
2,4-dichloro-1-naphthol
2,4-dichlorobenzaldehyde
2,4-dinitro-1-naphthol-7 sulfonic acid
2,4-dinitrofl uorobenzene

37

2,4-di nitro-phenylhyd razine

38

2,4-di nitro-phenyl hydrazi ne

32
33
34
35

39

2,4-di nitro-phenyl hydrazi ne

40

4!

2,4-dinitro-phenyl hydrazi ne
2,4-toluenediamine

42

2,5-dichloro-3,6-di hydroxy-p-benzoqui none

43
45

2,5-dichloroaniline
2,5-dihydrothiophene-1, 1-dioxide
2,5-di methyl-p-qu¡none

46

2,5-di methyl-p-qui none

47

2,5-toluenediamine dihydrochloride
2,6-dibromoquinone-chloroimide
2,6-dibromoquinone-chloroimide
2,6-dichloreindophenol sodium salt
2-amino-9-fluorenone
2-aminopyridine
2-bromo-4-methylacetanil ide
2-bromoacetophenone
2-bromoacetophenone
2-chloro-2-butene
2-heptanone

44

48
49
50
5L
52
53
54
55
56
57

5s

unlisted or illeeible quantitv

Lks
unl¡sted or illegible quantiW

473.2mL

200 e

unlisted or illegible quantitv

20s

500 s
100 e
100 c
100 mL
100 e

25s

unlisted or illegible quantity
100 c
100 e
100 s

unlisted or illeeible quant¡tv

1ks

unlisted or illegible quantitv
200 s
500 e

unlisted or illegible quantitv
100 s
100 s
unlisted or illegible quant¡tv
25 mL
100 s
100 e
L00 e
100s

unlisted or illegible quantitv
unlisted or illegible quantitv
300 e
500 s

unlisted or illegible quantitv
unlisted or illegible quantitv

25e

unlisted or illegible quantitv
unlisted or illeeible quantitv

5s

10s

100 g

2sg

100 g

unlisted or illegible quantity
25 mL

unlisted or illegible quantitv

 58

2-hydroxyacetani lide

59

76

2-iodoaniline
2-iodoquinoline
2-methyllactic acid
2-naphthol
2-nitro-6-chlorotol uene
2-nitrobiphenyl
2-octanone
2-pentanol
2-thiobarbituric acid
3,3,s-tetrabromo-m-cresolsulfonephthalein sodium salt
3,4-dimethylphenol
3,4-toluenediamine
3,5-dimethylphenol
3,5-dinitro-o-cresol
3,5-dinitrosalicyclic acid
3'-a minoacetophenone
3-heptanone
3-iodoaniline

77

3kg
1og

3-methylcyclohexa none

93

3'-nitroacetophenone
3-nitrophthalic acid
3-nitrosalicylic acid
3-pentanol
3-picoline-N-oxide
3-picoline-N-oxide
4(p-nitrophenylazo)resorcinol
4-(p-nitrophenylazo)resorci nol
4-(p-nitrophenylazo)resorci nol
4-(p-nitrophenylazo) resorci nol
4-aminoacetophenone
4-am¡noant¡pyrene
4-aminobenzophenone
4-bis(dimethylamino)benzophenone
4-chloro-2-nitroana line
4-di hydroxyethyl-a mino-1-hydroxy-benzene

600 g

78

94

4-hydroxyaceta

95

5-amino-2-benzimidazolethiol
5-chloro-3-nitro-o-phenylenediami ne
5-nitroquinoline
5-phenylsalicylic acid
6-nitroquinoline
8-a minoq uinoline
8-hydroxyquinoline
8-hydroxyquinoline
8-hydroxyquinoline
8-hydroxyquinoline
acetamide crystals
acetanilide

60
61
62
63
64
65
66
67
68
69
70

7t
72
73
74
7S

79
80
81
82
83
84
85
86
87
88
89
90
91
92

96
97
98
99
100
101

102
L03

ro4
105
106

to7

ni

I

ide

acetic acid glacial

100 s

25s
25e
259

100g

unlisted or illegible quantity
100 g

1kg
1ke
unlisted or illegible quantity

5e

500 g

unlisted or illegible quantity
100 g

unlisted or illegible quantity
unlisted or illegible quantity
unlisted or illegible quantity

100 g
500 g

unlisted or illegible quantitv
100 g

2oe
5og
unlisted or illegible quant¡ty

1og

25e
259
unlisted or illegible quantity

5og
unlisted or illegible quantitv
unlisted or illegible quantity

Ltb

unlisted or illegible quantity
500 g

unlisted or illegible quant¡ty
500 e
100e
100g

25e

5og

25e

500 g
500 g
500 g

1lb
unlisted or illegible quant¡ty

201

109

acetyl p-anisidine
acetylsalicylic acid

500 s

110

a-chlorona phtha lene

473 mL

tr2

acid cinnamic

113

acid crotonic

108

y.t
ttq

acid ammonium salt

acid formic

115

acid lactic

116

acid malic

1tb

25e

8oz

unlisted or illegible quantity

7/4tb

u4tb

unlisted or ill

ble

 ttl

acid malic

118

acid mandelic

L19

ac¡d monochloracetic

L20

acid

r21
r22

123
724
725

!26
I27

728

I29

tannic
ac¡d

tartaric

acid thioglycollic

acrylamide
acrylamide
acrylamide
acrylic acid

act¡vated alumina
adipic acid

130

adipic acid

131

agar

t32

agat

133

agarose

134

a-ketoglutaric acid
albumin, egg powder
albumin, egg powder

135
r.36

741,

allylthiourea
alpha keto glutaric acid
alpha keto glutaric acid
alpha-chloro-m-n¡trotoluene
alpha-lactose

742
743

alpha-L-rhamnose
a lpha-nitrona phtha lene

1.44

alpha-nitronaphthalene
a lpha-nitroso-beta-na phthol
ammonium b¡tartrate
ammonium purpurate

737
138
139

r40

1.45

L46
1.47

154

ammonium sulfamate
ammonium tartrate
amyl acetate
aniline hydrochloride
aniline sulphate
anthranilic acid
anthrone

155

ascorbic acid

156

762

auramine hydrochloride
auramine hydrochloride
aurin tricarboxylic acid
aurin tr¡carboxylic acid
aurin tr¡carboxylic acid
aurin tricarboxylic acid
aurintricarboxylic acid triammonium salt

1,48

I49
150
151

752
153

757
158
159
160
161

163

balsam

764

balsam canada

165

barb¡tal sodium
barbituric acid
barium biphenylamine sulfonate
bentonite
bentonite

166
767
168
169

L70
177

benzal

t72

benzanilide
benzanilide
benzanilide

773

t74
L75

benzamide

unl¡sted or ¡llegible quantity

1tb

r/4tb

slb

t/4tb

u4tb

unlisted or illegible quantitv

1kg
500 g
unl¡sted or illegible quantity
500 g

slb

500 g
500 e

1tb

7/4tb

unlisted or illegible quant¡tv

toe

unlisted or illeeible quantitv
unlisted or illegible quantitv
unlisted or illegible quantitv
100 e

unlisted or illegible quantitv
unlisted or illegible quant¡tv
500 e

unlisted or illegible quantitv

25e

unlisted or illegible quantitv
unlisted or illegible quant¡tv

1tb

25e
100 s

L/4lb
unlisted or illegible quantity

1tb

300 g
100 g

25e

unlisted or illegible quantity

1lb

300 g

unlisted or illegible quantity
unlisted or illegible quant¡ty
unlisted or illegible quantity
unlisted or illegible quant¡ty
unlisted or illegible quant¡ty
100 g

5og
1tb
100 g

5g
1lb
1tb
473 mL
100 g
100 e
100 g
100g

 benzidine dihydrochloride
benzidine hydrochloride

!/4tb

178
179

benzoin

100 s

180

2ke

182

benzophenone
beta naphthol
beta-alanine

L83

beta-nitroso-a lpha-na phtho

784
185

biphenyl
biuret

unlisted or illegible quantity

186

boileezers

176
777

18L

benzoin

787

boileezers

188

brilliant blue

189

bromothymol blue
brucine
butyl p-aminobenzoate

L90

t9L
r92

caffeine

193

calamine

25s

100 s

unlisted or illeeible quantitv
100 g

s00 g
100 g
250 g
250 g

50s
50s
L00 s
unlisted or illesible quantitv

Ltb
1tb

794

calcon

r.95

r97

camphor
camphor gum
camphor tablets

198

capryl alcohol

unlisted or illeeible quantitv
unlisted or illeeible quantitv

199

caprylic alcohol

200
207
202
203
204
20s
206

4oz

caraway
carbon disulfide

473. 18 mL
5 pts

carolina flynap
carolina flynap

unlisted or illesible quantitv
unlisted or illesible quantitv

796

207
208

209

2r0

2tL
2\2

213

2r4
2r5

216
277

278
2L9
220
227

castile soap

chloramine-T
chloranil
chlorobenzene
chlorobenzene
chlorobenzene
chlorobenzene
cholesterol
cinchonine
cinchonine
cinnamic aldehyde synthetic
cis-4-cyclohexene-1,2-dica rboxylic anhydride
citric acid
citric acid
collodion
cotton seed oil
creatinne zinc chloride
creosol red

222

cresol

223
224
225
226

crotonaldehyde
crotyl chloride
cryolite
crystal viol et solution

227

crystal violet

228
229
230

cyclopentanol
cyclopentanol

23t

d(-)levulose
d(+)galactose

232

d-(+)-galactose

233
234

D(+)-trehalose dihydrate
demethylaminobenzaldehyde

250 s

4oz
1tb

1lb

slb

250

s,

l sallon?
1 eallon?
L gallon?

l eallon?

unlisted or illegible quantity
100 g
100 g

toz

unlisted or illegible quant¡ty

1lb
1lb
1lb

1qt

unlisted or illesible quant¡tv

50s
1lb

unlisted or illeeible quantitv
25

F,

unlisted or illegible quantity
500 e

1og

100 g
100 g
500 c

unlisted or illegible quantity
unlisted or illegible quantity

258

100 e

 235
236
237

238
239
240
247
242

243
244
245
246
247

248
249
250
257
252
253
254
255
2s6
257

2s8
2s9
260
267
262
263
264
265
266
267

268
269
270
27L
272
273
274
275
276
277

278
279

280

28t
282
283
284
285

dextrin
dextrin
dextrine
dextrose
d-fructose
diacetyl
dibutyl phthalate
diethyl ethylmalonate
diethylamine
diethylamine
diethylamine
diethylcarbamoyl chloride
digitonin
dimethylaniline
dimethyldihydroresol
dimethyldioxime
dimethylglyoxime
diphenyl carbonate
diphenylacetic acid
diphenylamine
phenylamine
diphenylamine
diphenylamine-sulfonic acid sodium salt
diphenylthiocarbazone
diphenylthiocarbazone
diphenylthiocarbazone
diphenylthiocarbazone
disodium dihydrogen ethylenediaminetetraacetate dihydrate
dl alanine
DL-iso-leucine

287

288
289
290
291
292
293

100 g

unlisted or illegible quantity
unlisted or illegible quantity

1lb

1pt
1qt

100 g
100 g

1tb
unlisted or illegible quantity
200 g
100 g
100 g
100 g
100 g

2tb

200 g

5g
unlisted
unlisted
unlisted
unlisted
unlisted

or illegible quantity
or illegible quantity
or illegible quantity
or illegible quantity
or illegible quantity

L00 g
500 mL

DL-lactic acid

dodecylamine
d-sorbitol
d-tartaric acid
emersol 233LLoleic
epinephrine
ethanolamine
ethyl benzene
ethyl propionate
ethyl sulfate
ethyl sulfate
ethylene bromide
ethylene cyanohydrin
ethylene dichloride
ethylene dichloride
ethylene dichloride
ethylene dichloride
ethylhexadecyldimethyl ammonium bromide
ammonium bromide
ammonium bromide
ne

solution
film remover
lm remover
uorenone

500 mL
500 g

1og

r/4b

unlisted or illegible quantity

5g

500 ml

unlisted or illegible quantity
unlisted or illegible quantitv
500 mL
500 mL

Ltb
unlisted or illegible quantity
32 oz
32 oz
32 oz
32 oz
s00 g
500 g
5

fehli

tns
tns

m¡xture
solution 37%
formic acid

unlisted or illegible quant¡ty
unlisted or illegible quantity

unlisted or illegible quantity

DL-lactic acid

286

1tb
500 e
500 s

3lb
1
L

unlisted or
10
510

1tb

 294
29s
296

1pt

300

formic acid
formic acid
formin
fumaric acid
furfural
furfural
furfuryl alcohol

301

galactose

302

galactose

303

gallic acid
gallic acid

200 e

1lb
1lb

297

298
299

304

307

gelatin
gelatine
gluconic acid

308

glycine

309

glycine

310

30s
306

372

gum arabic
gumtragacanth
halogenated compound

3L3

hexachloroehta ne

314

hexach loroehta ne

315

methylenetetra mi ne
histowax
hydrazine dihyrdochloride
hydrazine dihyrdochloride
hydrazine monohydrochloride
hydroxy naphthol blue, disodium salt
hydroxy naphthol blue, disodium salt
inositol
iodine monochloride

311-

3r.6

3r7
3L8
3L9

320
321,

322
323
324
325
326

hexa

iodoform
isoamyl nitrite

500 mL

toz

unlisted or illegible quant¡ty

ltb

1tb
1kg

25e

unlisted or illegible quantity
unlisted or illeeible quantity

1ke
200 c
250 s
100 s

1tb

unlisted or illegible quantity
500 e

unlisted or illegible quantity
unlisted or illegible quant¡ty
453.6 s
100 g

unlisted or illegible quant¡ty
450 g
1009
1009
100 s

t6

oz

unlisted or illegible quantity
500 g

328
329

iso-butyramide
isopropyl alcohol
isotin
itaconic acid

330

I

331

100 g
500 g

333

cystine
I glutamine
I glutamine

334

L(-) cystine

33s

L(-)-sorbose

unlisted or illegible quant¡tv
unlisted or illegible quant¡ty

327

332

asparagine

I

100 s
76 oz
100 e

unlisted or illegible quant¡ty

1oe

500 e

336

L(+) ascorbic acid

337

L(+) aspartic acid

338
339

L-(+)-glutamic acid
L-(+)-glutamic acid

340

lactic acid

341
342
343

500 mL

lactose

453.6 s
453.6 s

3M

lactose
lactose
lactose powder

345

L-alanine

346

L-alanine

347

lauryl sulfate

348
349

levulose

350

L-glutamic

levulose

351

L-glutamic acid

352

linseed oil

100 s
100 s
500 g
500 g

453.6 s

1tb

unlisted or illegible quantity
unlisted or illegible quantitv
unlisted or illegible quantitv
100 s

25s

unlisted or illesible quant¡tv
100 g

1qt

 353

L-tyrosine

354

L-tyrosine

35s

maleic acid

3s6

maleic acid

357

maleic anhydride

358

maleic anhydride

3s9
360
361

362
363

364
36s
366
367
368
369

370
377
372

373
374

375
376
377

378
379
380
381

382
383
384
38s
386
387
388
389
390
391

392
393

394
39s
396
397
398
399
400

40t

402
403

404
405

406
407

408
409

4r0

4tt

maltose
maltose
maltose
maltose
m-bromoaniline
m-bromobenzoic acid
melamine
menthol
menthol
mesityl oxide
meta-diisopropenyl benzene
methyl acrylate
methyl benzoate
methyl bromoacetate
methyl bromoacetate
methyl bromoacetate
methyl bromoacetate
methyl cellosolve
methyl cellulose
methyl cellulose
methyl m-bromobenzoate
methyl m-bromobenzoate
methyl oxalate
methyl p-aminobenzoate
methyl p-hydroxybenoate
methyl salicylate
methyl salicylate
methylamine hydrochloride
methylamine hydrochloride
methylaniline
methylurea
metol
mineral oil heavy
mineral oil heavy
mineral oil-light
m-methoxybenzoic acid
m-n¡troacetanilide
m-nitroaniline
m-nitrobenzoic acid
monochloracetic acid
monostearin (distilled)
mofln
m-toluic acid
m-toluidine
m-toluidine
N,N,N,N-tetramethylethylenediamine
n,n-diethylacetamide
N,

N-methylene-bis-acryla mide

n-amyl iodide
naphthalamine, alpha
naphthol alpha
naphthylamine Ibeta] hydrochloride
naphthylamine lbetal hydrochloride

25e
50s
500 s

unlisted or illeeible quantitv

25e

unlisted or illegible quantity
100 g
100 g

500 g

unlisted or illegible quant¡ty

sog

100 g

unlisted or illegible quant¡ty
28.35 g

unlisted or illegible quantity

1kg
L gallon

s00 g

unlisted or illegible quantity
100 g

100 g
100 g
500 g

1tb
Loz
unlisted
unlisted
unlisted
unlisted

259

or
or
or
or

illegible
illegible
illegible
illegible

quantity
quantity
quantity
quantity

s00 g

1pt
1pt

250 g
s00 g

unlisted or illegible quant¡ty
100 g

unlisted or illegible quantity
unlisted or illegible quantity
unlisted or illegible quantity
32 oz

unlisted or illegible quantity
100 g
s00 g

1kg
unlisted or illegible quantity
unlisted or illegible quantity
s00 g

1kg
unlisted
unlisted
unlisted
unlisted

25e

or
or
or
or

illegible
illegible
illegible
illegible

quantity
quantity
quantity
quantity

unlisted or illegible quant¡ty
unlisted or illegible quantitv
unlisted or illegible quantitv

258

25e

 4r2
4r3

474
415

416

4r7
478

naphthylamine [beta] hydrochloride
naphthylamine alpha, crystal
naphthylamine, alpha
naphthylamine, beta resublimed
naphthylamine, beta resublimed
n-ethylaniline
n-heptaldehyde

4!9

n-hexadecane

420

ninhydrin
n-methylaniline
n-methylaniline
n-methylbenzyamine
NN diethylaniline
NN-diphenyl p-phenylenediamine
N N-diphenyl p-phenylenediamine
NN-diphenyl p-phenylenediamine
N-n-propylaceta ni lide
n-octylurea
N-phenylbenzylamine
N-phenylbenzylamine
N-phenylbenzylamine

421,

422
423
424
425
426
427
428
429
430
431
432
433
434
435

436
437
438
439
440
447
442
443
444

M5

446
447
448
449
450

45r

N-Phenylglycine

o-??trotoluene
o-acetotoluidide
o-benzoylbenzoic acid
o-bromophenol
ocalic acid

o-chlorophenoxyacetic acid
o-chloroquinoline
o-creosol phtalate
o-creosol phta late
o-cresyl benzoate

octyl isocyanate
octylurea
ocytl alcohol
o-iodosobenzli....

o-phenylenediamine
o-phenylenediamine
orcinol
organic acid

452

organic acid

453

organic acid

454
455
456

organic acid

o-toluidine
o-toluidine

457

oxalic acid

458
459
460

oxamide
palmitic acid
p-aminoacetanil¡de

46t

p-a m i noazobenze ne

462
463
464
465
466

p-aminobenzoic acid
p-aminobenzoic acid
p-aminophenol
pamolyn 200 hercules

467

paraform-aldehyde

468
469
470

paraldehyde

pancreat¡n

paraldehyde

p-benzoquinone

25e
453.6 s

unlisted or illeeible quantity
453.6 e
453.6 e
100 s
unlisted or illeeible quantitv
250 s

10e
Lks
1ke

500 s
L00 s

100 s
200 e
200 e
100 s

10c

100 c
unlisted or illecible quantity
unlisted or illegible quantitv
unlisted or illegible quantitv

1ke
100 c

unlisted or illegible quantitv
unlisted or illegible quantitv

1tb

unlisted or illegible quantity
100 e

50s
50s

unlisted or illegible quant¡tv
unl¡sted or illegible quantitv

10s

unlisted or illegible quantiW
unlisted or illegible quantitv
500 s
unlisted or illegible quantitv

25s

unlisted
unlisted
unlisted
unlisted

or
or
or
or

illegible
illegible
illeeible
illegible

quantitv
quantitv

quantiw
quantitv

500 s

unlisted or illegible quantitv
unlisted or illegible quantitv
100 e
100 s
250 s
100 e
100 s
unlisted or illegible quantiW

slb

unlisted or illeeible quant¡tv
100 g

1tb

llb

unlisted or
unlisted or

ble
ble

 471
472
473

474
475
476
477
478
479
480

niline
p-bromoaniline
p-bromoanisole
p-bromophenyl hydrazine hydrochloride
hloromercuribenzoic acid
benzoate
,-uI

r

ryr0r

r

Il tuuE

inobenzalrhodamine
nobenzalrhodamine
inesulfonic acid

48t

482
483

ut oil

485

1:3000

486

niline

497

-mercu ric-ch loride
phenyl -mercuric-chloride
phenylhydrazine
phenylhydrazine
phenylhydrazine
phenylhydrazine hydrochloride
phenylhydrazine hydrochloride
phloroglucinol

501

e

502

ide

um salt
acid

504
/-r rl'ur u^yvtr t¿otuç

acid
melic acid

508

ne

509

5r2

itrobenzoic acid
itrobenzoic acid

5L3

acid

518
519

s20

52t
s22
s23
524
525
s26
527
528
529

unlisted or illeeible quantitv
unlisted or illesible quantitv
unlisted or illeeible quantitv

25e

unlisted or illeeible quant¡tv
unlisted or illeeible quantitv
unlisted or illegible quant¡ty
unlisted or illegible quantity
unlisted or illegible quantity
unlisted or illegible quant¡ty
unlisted or illegible quantity
unlisted or illegible quant¡ty
500 g

unlisted or illegible quantity
100 g

51,4

515
517

500 e
500 s

100 g

510

516

4oz

4oz

100 s

de

506

100 e

25s

ride

503

5L1

s,

1lb
76 oz

ucinol

507

unlisted or illegible quantity

25

m

498
499
s00

505

2se
1og
1og

unlisted or illesible quant¡tv
125 s

488

489
490
497
492
493
494
495
496

s,

unlisted or illesible quantitv
500 s
unlisted or illesible quantitv

1qt

484

487

unlisted or illegible quant¡tv
25

100 g

rEtt tytqtt ilt tuuç

,-vI r rçrr

100 g

100 c

acid

sorbitan monolaurate
sorbitan monolaurate
sorbitan monolaurate
sorbitan Tween 80
b¡tartrate
carbonate an
potass¡um tert-butoxide
potassium tert-butoxide
potass¡um tertiary butyl alcoholate
potassium tertiary butyl alcoholate

p-phenylphenol
p-qurnone
propionaldehyde
propionic acid

unlisted
unlisted
unlisted
unlisted

or
or
or
or

illegible
illegible
illegible
illegible

473 mL
473 mL
473 mL
500 g
453.5 g

s00
unlisted or ill
unlisted or il

ble

50

unlisted or
unlisted or
unlisted or
500
73 mL

ble
ble

quantity
quantity
quantity
quantity

 s36

propionic acid
propionic acid
propionic anhydr...
p-toluenesulfonic acid
p-toluidine
p-toluidine
p-toluidine hydrochlide

s37

pyrene

538

548

pyrocategrol
pyrrol
quercetin
quinaniline
quinhydrone
quinhydrone
quinine
quinine sulfate
quinoline
quinoline ethiodide
resin powder

549

resorcrn

5s0
551

rhodamine "8"
riboflavin

552

saccharin

553

safrole

554

salicylaldehyde

555

salicylaldehyde

556

5s8

salicylaldoxime
salicylamide
salicylamide

559

saponin

s30
531

s32
533
534
535

539
540

54!
542

543

544
545

546
547

557

s60

saponrn

561

schiff reagent

s62
s63
564

s-di phenylca rbazide

s65
566
567

s-di phenylca rbazide
s-di phenylca rbazone

s-diphenylcarbazone
phenylcarbazone
coyl chloride

568

semicarbazide hydrochloride

569

semicarbazide hydrochloride, crystal
shellac flakes orange

570

57r

572
573
574
575
576
577

s78
579
580
581

582
583
584
585
586
s87
588

sodium acetate
sodium glycerophosphate
sodium p-dimethylamino benzene-p-carboxylate
soluble chloride
soluble starch
spearm¡nt oil
sperm oil
stearic acid

sterox SE
succinamide
succinic anhydride
sulfanilamide
sulfanilic acid
sulfosalicyclic acid
temed
tergitol nonionic
tergitol NPX nonionic
tert-butyl alcohol

unlisted or ¡lleg¡ble quant¡ty
unlisted or illegible quant¡ty

7oz

unlisted or illegible quantitv
100 s
100 e

stb

100 c
unlisted or illeeible quant¡tv
unlisted or illeeible quantitv

25e
25e
1tb
4oz
7oz
1,

oz

473 mL
unlisted or illegible quantiW

1tb
453.6 s

7e

100s

4oz
500 s

unlisted or illegible quantity
unlisted or illegible quantitv
100 s
250 E
250 e
100 s
100 s
946 mL

unlisted or illeeible quantitv
unlisted or illegible quantitv

5g

unlisted or illegible quantitv
unlisted or illegible quantitv
unlisted or illeeible quant¡tv
100e
L00 e

unlisted or illeeible quant¡ty
unlisted or illegible quant¡tv

25e

unlisted or illegible quant¡tv
unlisted or illegible quant¡tv
500 g
16 oz

unlisted or illegible quant¡tv
unlisted or illegible quantitv
1 box 4"x3"x2"
2s0
250 e
500 c
250 e
100 g

4oz
unlisted or illegible quantity
unlisted or
ble
3

 s89

tert-

590

alcohol

3ke

ene

500 g

591

urnone

592

lene

593

594

rnone

613

roxide
diami
tetramethyldiamino-diphenylmethane
tetra-n-butylammonium iodide
tetra-n-butylammonium iodide
thiamine hydrochloride
thimerosal
thimerosal
thioacetamide
thioacetamide
th¡oacetamide
thiocarbanilide
thiocarbanilide
thionyl chloride
thionyl chloride
thiourea
thiourea
thymol
thymol
trans-stilbene

614

triaceti n

6r.5

633

tricarboxylic acid
trichloroacetic acid
triethanol amine
triethanolamine
triethyl 1,1,2-ethanetricarboxylate
triethyl 1, 1,2-ethanetrica rboxylate
triketo-hydrindene hydrate
triketo-hydrindene hydrate
tri keto-hydri ndene hydrate
trimethylamine hydrochloride
trimethylolpropane
tri-n-butylamine
triphenylamine
triphenylamine
triphenylarsine
triphenylarsine oxide
triphenylarsine oxide
triphenylmethane
triphenylphosphine

634

tr¡s

635

trishydroxy methyl amino methane
triton X-100 non-ionic surfactant
turpent¡ne
undecylamine
unlabeled or illegible container
unlabeled or illegible conta¡ner
unlabeled or illegible container
unlabeled or illegible container
unlabeled or illegible container
unlabeled or il legible container
unlabeled or illegible container
unlabeled or illegible container
unlabeled or illegible container

595
596
597
598
599
600
601

602
603

604
60s
606
607
608
609
610
611

672

616
6L7
61-8

619

620
627
622
623
624
62s
626
627

628
629
630
631

632

636
637

638
639
640
641,

642
643
644
645
646
647

L00 g

unlisted or illegible quantity
unlisted or illegible quantity

ntum

rate

25e

unlisted or illeeible quantity
unlisted or illegible quant¡ty

25e
25e

500 e

1oe
1oe

250 e
500 s

unlisted or illegible quantity
250 e

unlisted or illegible quantity
100 s
100g
100 g
453.6 e
173.4 g

II3.4

e

100 g
473 mL

unlisted or
unlisted or
unlisted or
unlisted or
1-00

illegible quant¡ty
illegible quantity
illegible quantity
illeeible quantitv

s

100 e

1oe
1og
1oe

500 g

unlisted or illegible quantitv
unlisted or illegible quantity

25e
25e
5oe
3og
3og

100 s
100 s
500 g

unlisted or illegible quantiW
32 oz

1qt
25e

500 mL

unlisted or illegible quantitv
unlisted or illegible quantitv
unlisted or illegible quantitv
unlisted or illegible quant¡W
unlisted or illegible quant¡ty
unlisted or illegible quantity
unlisted or illegible quantity
unlisted or illegible quantity

 unlisted or illegible quant¡tv
unlisted or illegible quantitv
unlisted or illegible quantity
unlisted or illegible quantity
unlisted or illegible quantity
unlisted or illegible quantity
unlisted or illegible quantity
unlisted or illegible quantity
unlisted or illegible quantitv
unlisted or illegible quantity
unlisted or illegible quantity
unlisted or illegible quantity

661

unlabeled or illegible container
unlabeled or illegible conta¡ner
unlabeled or ill egible container
unlabeled or illegible container
unlabeled or illegible container
unlabeled or illegible container
unlabeled or illegible container
unlabeled or illegible conta¡ner
unlabeled or illegible container
unlabeled or illegible container
unlabeled or illegible container
unlabeled or illegible container
unlabeled powder
unlabeled solution

662

urea

663

vanillin
vanillin
violuric acid

unlisted or illegible quantitv

648

649
650
651

652
653

654
655

6s6
657

6s8
6s9
660

664
66s

100 g
250 g
100 g

unlisted or illegible quantity
unlisted or illegible quant¡ty

 APPENDIX F
STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT

Project:
Equipment for use by the Charleston Fire Department

Nexus to CAA 112 (rl:
This SEP enhances the capabilities of local emergency responders and will facilitate quick and
efficient response to releases associated with emergency events. Adequate nexus is deemed
to exist using categories F and G
environmental compliance promotion and emergency
providing
planning and preparedness,
technical support to members of the regulated
community in order to identify, achieve and maintain compliance with applicable statutory and
regulatory requirements, and enabling organizations to fulfill their obligations under the
Emergency Planning and Community Right-to-Know Act (EPCRA) to assess dangers of
hazardous chemicals present, and to develop emergency response plans to better respond to
chemical incidents
- in the March 2015 Update to the 1998 SEP Policy. This SEP is
appropriate as the primary impact of responding to emergencies with improved equipment
during emergency events benefits the same emergency planning district as the lnstitute facility,
and violations of Section 112 (r) of the Clean Air Act are alleged in the complaint.

Description of Project:

Purchase of equipment to be owned and used by the Charleston Fire Department.
Replacement of expired Level A suits, upgrade to Chlorine B kit, Training, and replacement of
expired test kits.

Scheduling:
BCS's goal is to order the equipment for the Charleston Fire Department 90 days following the
entry of the final Consent Decree or by December 1,2015, whichever comes later. Dependent
upon supplier capabilities, BCS expects delivery within a reasonable time after the order is
placed.

A.

$9,375.48
12 TYCHEM TK Commander Level A suits FE, EXP BCK, Extra-Wide face shield 1/CS, Front
Entry $781.29 each, total $9375.48

B. $1,040.00

Upgrade to Chlorine B Kit, Kit B Device 14 Conversion Package, $1040.00 each, total
$1040.00

c. $3,000.00

Training: 3 MC-406 Leaking Tank Drills, 1 per shift - $'1,000 for incidentals each, total
$3,000.00
Page

I of2

 D. $330.00
Replacement of expired test kits, 12 BioCheckfM Power Screening Test Kit, $27.50 each, total
$330.00

TOTAL COST: Approximately $13,750.00

Page2 of2

 APPENDIX G
STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT

Project:

Equipment for use by the Dunbar, West Virginia Fire Department personnel

Nexus to CAA 112 (rl:
This SEP enhances the capabilities of local emergency responders and will facilitate quick and
efficient response to releases associated with emergency events. Adequate nexus is deemed
to exist using categories F and G
environmental compliance promotion and emergency
planning and preparedness, providing technical support to members of the regulated
community in order to identify, achieve and maintain compliance with applicable statutory and
regulatory requirements, and enabling organizations to fulfill their obligations under the
Emergency Planning and Community Right-to-Know Act (EPCRA) to assess dangers of
hazardous chemicals present, and to develop emergency response plans to better respond to
chemical incidents
in the March 2015 Update to the 1998 SEP Policy. This SEP is
appropriate as the primary impact of responding to emergencies with improved equipment
during emergency events benefits the same emergency planning district as the lnstitute facility,
and violations of Section 112 (r) of the Clean Air Act are alleged in the complaint.

-

-

Description of Project:

Purchase of equipment to be used by the Dunbar, West Virginia Fire Department. Upgrade
equipment on the aerial ladder truck, including gas leak detectors, 100 foot of high pressure
flex hose (for refilling Apparatus mounted cylinders) and fittings, new face pieces and
regulators for aerial Bucket breathing air,2 complete SCBA 4500 psi. The Fire Department is a
first responder organization which works in conjunction with police, and other emergency
medical departments throughout the Dunbar, West Virginia area. (See request from David
"Butch" Ellis, Chief of Dunbar, West Virginia Fire Department).

Scheduling:
BCS's goal is to order the equipment for the Dunbar Fire Department within 90 days following
the entry of the final Consent Decree or by December 1,2015, whichever comes later.
Dependent upon supplier capabilities, BCS expects delivery within a reasonable time after the
order is placed.

A.

$247.38

2 UEi Combustible Gas Leak Detectors at $123.69 each

B. $563.50

100 feet of high pressure flex hose and fittings for refilling apparatus mounted cylinders at
$563.50 each

c.

$3,501.80
Page 7

of2

 Face pieces and regulators for aerial bucket breathing air

D. $12,264.30

2 complete SCBA 4500 psi and 2 spare cylinders to upgrade from the 2216 cylinders at
$6,132.15 each

TOTAL GOST: Approximately $16,580.00

Page2 of 2

 u.nbar
r

theciw of

Stest Virginîa

David "Butch" Ellis,
Chief of Department

Fire Department

304.766.O2t5
chief@unbarfd.org

www.dunbarfd.org

Vince, per our e-mails, here is a request for funding for Dunbar Fire Department. We are looking to
upgrade equipment on our aerial ladder truck.
2 UEi Combustible Gas Leak Detectors
100

ft, high pressure flex hose (for refilling

2 @ 123.69 5247.38

Apparatus mounted cylinders) and fittings

1 @ s63.so ssos.so

New face pieces and regulators for aerial
Bucket breathing air

t@

S3,501.80

2

512,264.30

2 complete SCBA 4500 psi (to upgrade from the

2216 cylinders) and 2 spare cylinders

@ 6,L32.L5

s16,576.98
lf you have any questions feel free to give me a call anytime. Thanks for considering our request

Butch Ellis, Chief, DFD

 APPENDIX

H

STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT

Project:
Equipment for use by the lnstitute Volunteer Fire Department

Nexus to GAA 112 (rl:.
As proposed, this SEP enhances the capabilities of local emergency responders and
will facilitate quicker and more efficient response to releases associated with emergency
events, thus, it fulfills the statutory objectives of the CAA. Adequate nexus is deemed to
exist using categories F and G
compliance promotion and emergency
- environmental
planning and preparedness, providing
support
technical
to members of the regulated
community in order to identify, achieve and maintain compliance with applicable
statutory and regulatory requirements, and enabling organizations to fulfill their
obligations under the Emergency Planning and Community Right-to-Know Act (EPCRA)
to assess dangers of hazardous chemicals present, and to develop emergency
response plans to better respond to chemical incidents
March 2015 Update to
- in the
the 1998 SEP Policy. This SEP is appropriate as the primary
impact of responding to
emergencies with improved equipment during emergency events benefits the same
emergency planning district as the lnstitute facility, and violations of Section 112 (r) of
the Clean Air Act are alleged in the complaint.

Description of Project:
Purchase of equipment to be owned and used by the lnstitute Volunteer Fire
Department, including several types of hose described in detail below, monitors, power
blower, with Stratton engine, electric smoke hazardous location motor, and other
equipment. The Fire Department is a first responder organization which works in
conjunction with police, and other emergency medical departments throughout the
lnstitute, West Virginia area.

Scheduling:
BCS's goal is to provide funding and equipment for the lnstitute Volunteer Fire
Department 90 days following the entry of the final Consent Decree or by December
2015, whichever comes later. Dependent upon supplier capabilities, BCS expects
delivery within a reasonable time after the order is placed.

A. $40,

617.01

1,

41-55.0" x100' JAF RIB synthetic, single- jacket hoe with a nitrile/PVC rubber lining and
cover

 20-2.5" x 50' JAFLINE HD synthetic, double-jacket fire hose with Rubber Lining
24-1.75" x50' JAFLINE HD synthetic, double-jacket fire hose with Rubber Lining
1-Drager UCF 9000 Truck Kti: lncludes UCF 9000 Camera, Desktop Charger, Charging
cords, lFU, Software disc, Crawling Plate, Truck Mount, and
Retractable Lanyard

B. $14, 231.05
303443 Mercury Quick Attack Monitor (Quick Attack Monitor, Mounting Bracket with
Style 4445 Nozzle Fixed Gallonage Nozzle) 3- Black Mx Pistol lntake Valve with 6 inch
NST outlet, 5' Storz inlet, includes 5" storz cap and chain.

c.

$6,239.91
Model DD -16-8-6.5 Power Blower with Briggs & Stratton Engine 24.25" x21 .00"
x24.00" 82 lbs
1- EBS-16-EP Electric Smoke Ejector Hazardous Location Motor (Explosion Proof)
(120V,60H2)
3-RlT.@ Emergency SCBA Pack
3-Pack Label "RIGGING" (2"x6")
1-Deluxe USAR Pack Set (Red)

1-

D. $2,306.00

1-X-am 25OOConfined space Kit for Ex,02, CO and H2S with Alkaline and NiMH Battery
pack w/charger kit includes:

X-am125 Pump
4.5' telescoping probe,
Tubing,
Carrying case
12" FKI\A tubing

Cal/Bump Gas w/regulator,
Cal/Bump adapter
DIRA Communication port and cable, float probe,

E. $3,423.80
4-BL 389 FlipTip 1 y," NHF Tip w/G-Force w/integrated Ball
Valve and Grip
TOTAL COST: Approximately $66,8

17 .77

 APPENDIX

I

STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT

Project:
Help to assure adequacy and availability of volunteer fire department by upgrading equipment
of the Jefferson Volunteer Fire Department. lmprove responder safety by replacing old turnout
gear to meet current standards.
Nexus to CAA 112(rl:
This SEP enhances the capabilities of local emergency responders and will facilitate quicker
and more efficient responses to releases associated with emergency events. Adequate nexus
is deemed to exist using categories F and G
environmental compliance promotion and
emergency planning and preparedness, providing technical support to members of the
regulated community in order to identify, achieve and maintain compliance with applicable
statutory and regulatory requirements, and enabling organizations to fulfill their obligations
under the Emergency Planning and Community Right-to-Know Act (EPCRA) to assess
dangers of hazardous chemicals present, and to develop emergency response plans to better
respond to chemical incidents
- in the March 2015 Update to the 1998 SEP Policy. This SEP
is appropriate as the primary impact of responding to emergencies with improved equipment
during emergency events benefits the same emergency planning district as the lnstitute facility,
and violations of Section 112 (r) of the Clean Air Act are alleged in the complaint.

Description of Project:
Purchase equipment to be owned and used by the Jefferson Volunteer Fire Department. Five
complete sets of turnout gear are needed to replace existing sets which do not meet current
standards. Appropriate equipment is required to minimize the risk to responders to fires and
industrial emergencies.

Scheduling:
BCS's goal is to order the equipment for the Jefferson Fire Department 90 days following the
entry of the final Consent Decree or by December 1,2015, whichever comes later. Dependent
upon supplier capabilities, BCS expects delivery within a reasonable time after the order is
placed.

A.

$13,025.00
Five sets of bunker gear
Five Morning Pride #LTO-3413 "Tails" Coats, $1,150.00 each, $5,750.00 total
Five Morning Pride #LTO-3413 Pants, $790.00 each, $3,950.00 total
Five Morning Pride "Low Rider" Helmets with NFP EZFlip Eye Shields, $265.00 each,
$1,325.00 total
Five 6" Leather Helmet Fronts, $45.00 each, $225.00 total
Five Majestic PAC-Il Nomex Hoods: 2 ply, $25.00 each, $125.00 total

Pagel of2

 Five Tech Trade "Fusion" Firefighter Gloves Gauntlet Cuff, $55.00 each, $275.00 total
Five Fire Dex #FDXL-100 Leather Pull on Boots, $275.00 each, $1,375.00 total

TOTAL COST: Approximately $13,025.00

Page2 of2

 n

FIRE CHASERS FIRB EQUIPMENT COMPANY SALES ORDER

Ron Dugan: Søles Manager/Owner

240-580-0913 Cell

311 l{hite Oak Lane

SALES QUOTE
FIELD TEST

E

n

Frostburg, MD 21532
301-689-2s40 {OFFTCE} :
301-689-1632 {FAX}
Email : rdugan@firechasers.com, www.firechasers.com

QUOTE ONLY

Jefferson Vol. F'ire Department

304-720-1919 {fax}

6313 MacCorkle Avenue

j

a so

nwu rs terl9 l0 @gm ail. co m

St. Albans, West Virginia 25177
ORDER NUMBER

DATE
Dec. 18,2014

OUANTITY

WHEN SHIP

SALESPERSON

10 to 12 Weeks

Ron Dugan

DESCRIPTION

5
5

Pride #LTO-3413 "Tails" Coats
Morninq Pride #LTO-3413 Pants
See attached page for specifications

5

Morning Pride Ben "Low Rider" Helmet
MNFPA EZFIio Eye Shields

5

6" Leather Helmet Fronts
PAC-Il Nomex

5
5

5

2

Tech Trade "Fusion" Firefighter Gloves
Gauntlet Cuff
Dex #FDXL-100 Leather Pull on Boots

No

IERMS
For

TERMS
NET 30

PRICE

$1,150.00
$790.00

$zt

HOW SHIP
FREE

AMOUNT
$5,750.00
$3,950.00

$1,325.00

$45.00

$225.00

$25.00

$125.00

$55.00

;275.00

$275.00

$1,375.00

TBD

FREE

Sizes

We Will Measure To Assure Proper Fit
Delivery 10 to 12 Weeks
Net 30 Days After lnvoicinq
Quote Valid For

S&H

QUOTE-r2-18-2014

Total

13,025.00

 APPENDIX J
STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT

Project:

Equipment for use by the Nitro Fire Department personnel

Nexus to CAA 112 (rl:
This SEP enhances capabilities of local emergency responders and will facilitate quick and
efficient response to releases associated with emergency events. Adequate nexus is deemed
to exist using categories F and G
environmental compliance promotion and emergency
planning and preparedness, providing technical support to members of the regulated
community in order to identify, achieve and maintain compliance with applicable statutory and
regulatory requirements, and enabling organizations to fulfill their obligations under the
Emergency Planning and Community Right-to-Know Act (EPCRA) to assess dangers of
hazardous chemicals present, and to develop emergency response plans to better respond to
chemical incidents
- in the March 2015 Update to the 1998 SEP Policy. This SEP is
appropriate as the primary impact of responding to emergencies with improved equipment
during emergency events benefits the same emergency planning district as the lnstitute facility,
and violations of Section 112 (r) of the Clean Air Act are alleged in the complaint.

Description of Project:

Purchase of equipment to be owned and used by the Nitro Fire Department. The Department
is attempting to replace all air packs, and bunker gear due to the unavailability of repair parts.
They are currently cannibalizing equipment to make repairs. Bunker gear also must be
replaced. (See attached August27,2014 memorandum from Chief Jeff Elkins of Nitro Fire
Department to Vince McCormack of Bayer). The Fire Department is a first responder
organization which works in conjunction with police, and other emergency medical
departments throughout the Nitro, West Virginia area.

Scheduling:
BCS's goal is to order the equipment for the Nitro Fire Department 90 days following the entry
of the final Consent Decree or by December 1,2015, whichever comes later. Dependent upon
supplier capabilities, BCS expects delivery within a reasonable time after the order is placed.

A.

$29,000.00
5 Scott Air Packs, APX3 at $5,800 each

B. $17,600.00
8 sets of Janesville Bunker Gear at $2,200 each
TOTAL COST: Approximately $46,600.00

 Nitro Fire Department
August 27,2014
To: Vince McCormick, Bayer
From: Chief Jeff Elkins, Nitro Fire Department

Vincent,

I have put together a short list of our needs per your request.

1.

5 - Scott

Air Packs APX3 $5800.00

each

:

$29000.00

At this time we are attempting to replace all air packs due to the fact that we are unable to get
parts for our current Scott Air Packs and we have to cannibalize packs t¿ken out of service for
parts.

2. 8 - Janesville Bunker Gear $2200.00 each: $17600.00
Any assistance in anyway would be greatly appreciated, if you need to contact me for any
questions please feel free to contact me at 304-539-5333.

Thank You!
Chief Jeff Elkins, Nitro Fire Department

 APPENDIX K
STATEMENT OF WORK
SU PPLEMENTAL ENVIRONMENTAL PROJECT

Project
Provide a vehicle and equipment for the Saint Albans Fire Department to facilitate emergency
response and community outreach training for emergency response.

Nexus to CAA 1'12(rl:.
As proposed, this SEP enhances the capabilities of local emergency responders and has the
potential to facilitate a quicker and more efficient response to releases associated with
emergency events, thus, it fulfills the statutory objectives of the CAA. Adequate nexus is
environmental compliance promotion and
deemed to exist using categories F and G
emergency planning and preparedness, providing technical support to members of the
regulated community in order to identify, achieve and maintain compliance with applicable
statutory and regulatory requirements, and enabling organizations to fulfill their obligations
under the Emergency Planning and Community Right-to-Know Act (EPCRA) to assess
dangers of hazardous chemicals present, and to develop emergency response plans to better
in the March 2015 Update to the 1998 SEP Policy. This SEP
respond to chemical incidents
is appropriate as the primary impact of responding to emergencies with improved equipment
during emergency events benefits the same emergency planning district as the lnstitute facility,
and violations of Section 112 (r) of the Clean Air Act are alleged in the complaint.

Description of Project:
The St. Albans Fire Department requires an emergency response vehicle to carry emergency
responders, emergency response equipment, and to tow emergency response and training
equipment.
The lnstitute site is located on the Kanawha River and includes barge operations. The St.
Albans Fire Department provides water rescue services which could be needed in a site
emergency for rescue or evacuation of personnel. The truck will be used to tow the
department's water rescue equipment. ln addition, the vehicle would be used to transport
personnel and equipment to the scenes of other emergency response activities. The St.
Albans Fire Department also has a Fire Safety House that is used to train at schools and other
events to provide fire safety and shelter in place training. The truck will be used to tow the Fire
Safety House to training events.
The current Fire Safety House (trailer) was purchased in 2008 is significantly larger and
heavier than the previous one. The truck used to pull the trailer is a 2002 vehicle that is
undersized and struggles to pull the trailer. St. Albans has been placed in the position of not
being able to respond to calls they receive from outside of St. Albans as the truck cannot pull
the trailer and they are concerned about safety on the interstate or on hills. Similarly, St.
Albans has struggled with the truck being used to pull the water rescue boat and trailer, owing
to the same concern with safety and integrity on the roads. Despite these limitations, last year,
St. Albans trained nearly 2,000 children with the Fire Safety House. They use the trailer on a
Page 7

of2

 monthly basis, and daily in October for Fire Safety Month. A new truck would afford them the
option of taking calls in the Kanawha Valley and outside of the town of St. Albans. St Albans
has represented that if they had more confidence in the safety of their equipment, they could
use it on a daily basis.

Scheduling
BCS's goal is to order the equipment for the St. Albans Fire Department 90 days following the
entry of the final Consent Decree or by December 1,2015, whichever comes later. Dependent
upon supplier capabilities, BCS expects delivery within a reasonable time after the order is
placed.

A.

$42,472.80
2015 Ford 250 4WD Pick-Up Truck, $33,472.30
One Kenwood UHF two way digital trunking radio, $2,527.70
One Kenwood VHF two way radio, $700.00
Emergency lights consisting of a Code 3 lightbar and siren $1,525.00
Two antennas and coaxial cable, $247.80
Emergency scene lighting equipment, $4,000.00

B. $9,000.00

Four Oceanic 58200 communications systems for use with AGA full face SCUBA masks,
$1,000.00 each, $4,000.00 total
Five water rescue exposure suits, $1,000 each, $5,000.00 total

c. $48,528.00

Ten self-contained breathing apparatus bottles, $1,000.00 each, $10,000.00 total
Two Tempest Power Blower Exhaust Fans, $2,500 each, $5,000.00 total
One Thermal lmaging Camera (Drager), $10,000.00
Two Ventmaster Ventilation Saws, $2,500.00 each, $5,000.00 total
Two Akron Quick Attack Monitor Nozzles, $2,900.00 each, $5,800.00 total
Ten AFF Firefighting Foam, $175.00 each, $1 ,750.00 total
Honda portable pump for the fire boat docked on the river, $3,500.00
Honda model 2000 electric generator, $2,000.00
Two Large diameter intake pump valves, $2,200.00 each, $4,400.00 total
Two Firefighting nozzles, $539.00 each, $1,078.00 total

TOTAL COST: Approximately $100,000

Page2 of2

 JOHN OWEN
From:

Steve Parsons < chief@stalbansfd.com >
Wednesday, December 17, 2014 12:43 PM
JOHN OWEN
RE: Revised Grant Request

Sent:

To:
Subject:

1.

Radio Equipment - (1) Kenwood UHF two way digital trunking radio, 52527 .70 (1) Kenwood Vhf twoway radio $700.00, Emergency lights consisting of Code 3 lightbar and siren $1525.00, 5247.80 (2)
antennas and coaxial.

2. Underwater Communications Equipment - Currently we use "AGA" full face SCUBA Mask with twoway wireless underwater "Oceanic SB200" communications systems. We had (6), four of which are
not working, replace those four which cost run approximately $1000.00 each. This equipment allows
us to talk to the surface so they can direct us which direction to swim since rescue swimming in the
rivers in West Virginia you are diving in what is known as "black water", you can't see your hand in
front ofyour face, you have to feel your way.

Does this help?
State Bid vehicles expire December 3I,2014. Do you have any idea when funds may be released? If not is
of intent possible? I can order the vehicle before December 3 1't with the right to refuse for any
reason. It takes 8 weeks to get the vehicle. State Bid contracts don't come out again until July I,2015.
a letter

Steve

From: JOHN OWEN Imailto:john.owen@baver.com]
Sent: Wednesday, December t7, 2014 11:56 AM
To: chief@stalbansfd.com
Subject: FW: Revised Grant Request
From your first letter I am going to guess lhal$2,527.70 is radio equipment for the truck, so I need something to say about
the other $2472.30 for equipment to be used on the truck ($5,000 - $2,527.70 = $2,473.30).
Can you give me something on the Underwater Rescue Communications Equipment? Something to let them know what
specifically will be purchased (i.e. model number, or number if what generic types of equipment). I do not know much
about this stuff so I do not know what might be a good example. I imagine there is some type of unit for the diver and
something else for the surface unit.

From: IOHN OWEN
Sent: Wednesday, December 17, 20t4 11:40
To: 'Steve Parsons'
Subject: RE: Revised Grant Request

AM

Can you give me some detail about the "Emergency Equipment to be used on the vehicle" for $5,000. A short list of what
you have in mind will be helpful. I know they have rejected generic requests so specifics are needed.

1

 From : Steve Pa rsons lma ilto chief@sta ba nsfd.coml
Sent: Wednesday, December 17,201410:55 AM
To: JOHN OWEN
Subject: Revised Grant Request
:

I

Thanks so much for all of your guidance help and generosity. This is such a game changer in allowing us to
purchase some needed equipment and the replacement vehicle I have been trying to replace for two years.
God Bless and have a Merry Christmas

Stephen D. Parsons, Fire Chief
City of St. Albans Fire Department

5l

Sixth Ave

St. Albans, WV 25177

304-727-2253
Save a Childs life click on the following link

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2

 Albans

Cone On !{ome

fl,ty

Ielep¡s¡c-N-u¡nþss:

oú St.

PO. BOX 1488

.

t+zbûns

ST, ALBANS. WEST VIRGINIA 25177

www.stalbanswv.com

Mayor's Office ...(304) 727-2971

Hall

722-3391
City
Police & Fire Depts. .. . 727-2251
Building Department .. 727-2962
Parks&Recreation 722-4625
722-4259
Public

Works

.

Mayor

Dick Callaway

1499 MacCorkle Avenue
\NV 25177

St. Albans,

Bayer Crop Science,
Attn: John Owen
Re: REVISED Grant

Mr. Owen,
The St. Albans Fire Department has requested assistance in purchasing a vehicle that is used in
emergency response. The department provides water rescue response in Kanawha and Putnam
County and the proposed vehicle purchase wouÌd be used to pull the department's current water
'Water
rescue and f,rrefìghting equipment will supplement
rescue craft to onsite rescue locations.
oru capabilities for response along the Kanawha and Coal Rivers where numerous inrlustrial sites
are located. The department routinely has responded to water rescue emergencies at other
locations throughout West Virginia and as far away as Louisiana during Hurricane Katrina. This
same proposecl replacement vehicie transports necessary emergency equipment and personnel to
the scenes of all types of other emergencies as well, such as fìres, trench rescue, high-angle
rescue and medical fust responder emergencies. The current eleven year old vehicle is in
disrepair and is in dire need of replacement. The current vehicle as well as the proposed
replacement vehicle is ancl will continued to be used to transport our Fire Safbty I-Iouse to all the
atea schools and other events where we provide fire safety education. In2014 fire safety
education was provided to six area schools antl seven other locations with over 3,000 children
given training on what to do in emergency situatic¡ns such as fìres and chemical emergencies
-lhe
rvater rescue boat or the fire salety house cannot be trailered
like, "sheltering In Place".
with any other existing vehiclc or l'rre trucks we have in our fleet. Enclosed is an itemized
breakdown of our $100,000.00 request. Equipment will be transporterl using the proposed
vehicle.

Pick-up "State Bid"
Emergency Equipment to be used on the vehicle
Emergency Scene Lighting Equipment
2014 Ford 250 4WD

l-lnderwater Rescue Commun i cations E quipment
Water Rescue Expclsure Suits $1 ,000.00 eaoh

s33,472.30

$ 5,000.00
$ 4,000.00
$ 4,000.00
$ _5,000.00

 (10) Self-ContaìnedBreathingApparatusBottles
(2) Tempest Power Blower Exhaust Fans, $2,500.00 ea.
I Thermal lmaging Camera (Drager)
(2) Ventmaster Ventilation Saws $2,500.00 ea.
(2) Akron Quick Attack Monitor Nozzle $2,900.00 ea
(10) AFF Firefighting Foam $175.00 ea
Honda portable pump for our fire boat docked on the river
Honda mod. 2000 electric generator,
(2) Large dia. Intake pump valves $2,200.00 ea,

(2)Firefightingnozzles

$539.00

TOTAI
Enclosed, State Bid from WV Division of Purchasing

Stephen D. Parsons

$10,000.00
$ 5,000.00
$10,000.00
$ 5,000.00
$ 5,800.00

$

1,750.00

$

1.077.70

$ 3,500.00
$ 2,000.00
$ 4,400'00

 61

cLAss 18D - AUTOMoBILE - (Department of Environmental Protection
Speciflcations)

Vendor Name:

THORNHILI. FORD

Manufacturer,/Brand:

FORD

Model Name & Number:

F-250 W28

Vehlcle Ìequ¡rements:

Pick
Drive:

Crew Cab

and Low

Passenger seating:

drlver)

Doors¡

4full doors,mlnlmum

Wheelbase:

148 in, minimum
lbs. m¡n,

Gl/ltrR:

lbs.

I

r¡or

IU,UUU.

Includes but not llmited ro;
Limited Slip rear, axle tack

OffRoad Pacløge:

lok dlfferrntial, hearry duty
engne cooling skid plates,
heary duty suspenslon witì

gas shocks,

ffont & rear tow

hooksand all terrain dres,

Slush/AJl-weather mab

Installed driver & passanger,
frontand second row,

Slldinr Rear t{indow:

Installed

The vehlcle bld sball fndude the standard equlprneut requirements as requlred In secdon 3.1,1.1.

oftle

speclficadon.

Brd

VetHefud

$eset

Unit Price

)

CNG/ts¡tuêl

(

Opüona:
FOB Dealershþ: (Deduc{)
FOB Ohertlmn Metro Charleston - per Mile

*Note - The above delivery
"options" above are not evaluated as part ofthe award,

N/A
$

1.50

 APPENDIX L
STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT
Project:
personnel

Equipment for use by the South Gharleston Fire Department

Nexus to CAA 112 (R)
This SEP enhances coordination with local emergency responders and will facilitate
quick and efficient response to releases associated with emergency events. Adequate
nexus is deemed to exist using categories F and G
- environmental compliance
promotion and emergency planning and preparedness, providing technical support to
members of the regulated community in order to identify, achieve and maintain
compliance with applicable statutory and regulatory requirements, and enabling
organizations to fulfill their obligations under the Emergency Planning and Community
Right-to-Know Act (EPCRA) to assess dangers of hazardous chemicals present, and to
develop emergency response plans to better respond to chemical incidents
- in the
March 2015 Update to the 1998 SEP Policy. This SEP is appropriate as the primary
impact of responding to emergencies with improved equipment during emergency
events benefits the same emergency planning district as the lnstitute facility, and
violations of Section 112 (r) of the Clean Air Act are alleged in the complaint.

Description of Project:

Requesting funding for equipment to be used by the South Charleston Fire
Department. Replacement of webbing, rope, pulleys, anchor plates, scott air packs,
scott AV face pieces, rescus racks, rescue carbiners, rope pads, omni slings. The Fire
Department is a first responder organization which works in conjunction with police,
and other emergency medical departments throughout the South Charleston arca.

Scheduling:
BCS's goal is to provide funding and equipment for the South Charleston Fire
Department 90 days following the entry of the final Consent Decree or by December
2015, whichever comes later. Dependent upon supplier capabilities, BCS expects
delivery within a reasonable time after the order is placed.

A.

$3,054.00

6-200'sections of
6-100'sections of

112" rope
112" rope

1,

 600' typel B flat webbing
10 Rescue Carbiners

B. $716.50
2-Rescue 8's
1-Rescue Rack
2-Rope Pads
4-2" Pulleys

c.

$891.00

1-Double Pulley
1-Double Pulley with Becket
1-Prusick Pulley
2-Haul Safe Pulleys
2-Anchor Plates

D. 4-10'Omni Slings
E. 4-5" Omni Slings

F.

1-Equipment Bag

G. 16-Scott Air Pack 75
H. 24-Scott AV 3000 Facepiece
TOTAL COST: Approximately $99, 792.50

2

 APPENDIX M
STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT

Project:

Equipment for use by the Tyler Mountain Volunteer Fire Department

Nexus to CAA 112 (R):
This SEP enhances the capability of local emergency responders and will facilitate quick and
efficient response to releases associated with emergency events. Adequate nexus is deemed
to exist using categories F and G
compliance promotion and emergency
- environmental
planning and preparedness, providing
technical support to members of the regulated
community in order to identify, achieve and maintain compliance with applicable statutory and
regulatory requirements, and enabling organizations to fulfill their obligations under the
Emergency Planning and Community Right-to-Know Act (EPCRA) to assess dangers of
hazardous chemicals present, and to develop emergency response plans to better respond to
chemical incidents
in the March 2015 Update to the 1998 SEP Policy. This SEP is
appropriate as the primary impact of responding to emergencies with improved equipment
during emergency events benefits the same emergency planning district as the lnstitute facility,
and violations of Section 112 (r) of the Clean Air Act are alleged in the complaint.

Description of Project:

Purchase of equipment to be owned and used by the Tyler Mountain Volunteer Fire
Department. The Fire Department is a first responder organization which works in conjunction
with police, and other emergency medical departments throughout the Tyler Mountain, West
Virginia area. The Tyler Mountain Volunteer Fire Department has purchased two new fire
engines for their community and surrounding communities due to mutual aid and automatic aid
agreements. (See November 18,2014letter from Chief David Martin to Vince McCormick of
Bayer). To finish equipping these trucks the Tyler Mountain Volunteer Fire Department needs
the equipment listed below.

Scheduling
BCS's goal is to order the equipment for the Tyler Mountain Volunteer Fire Department 90
days following the entry of the final Consent Decree or by December 1,2015, whichever
comes later. BCS expects delivery within a reasonable time after the order is placed.

A.

$3,000.00
600 feet of 5 inch supply hose,

B. $1,500.00
3

- Bresnan distributor nozzles,

c.
3

$3,438.00
- 1.75 inch midrange breakaway nozzles,
Page 1

of2

 D. $2,062.00
2-axial playpipe 2.50 inch nozzles with

I /¿inch,1

TOTAL COST: Approximately $'10,000.00

Page2 of2

1/8 inch, and 1 inch tips

 Tyler Mountain Volunteer
Fire Department, Inc.
5380 Big Tyler Road
P.O. Box 7537
Cross Lanes, WY 25356

Business Phone (304) 776-7963

Emergency Diø 911

FAX
(304) 776-7861
E-Mail tmufd23@earthl.net
Web Site
www. tmufd.com

November 18,2014

Dear Mr. McCormick,
The Tyler Mountain Volunteer Fire Department has purchased two new fire engines for our community and
surrounding communities due to mutual aid and automatic aid agreements. To finish equipping these apparatus,
the Tyler Mountain Volunteer Fire Department needs the following:

600' of5" supply hose3- bresnan distributor nozzles3- 1.75" mid range breakaway nozzles2- axialplaypipe 2.50" nozzles with(l 114",   718", and l" tips $2,062)

$3,000
$1,500
$3,438
s2.062

Total: $10,000
This equipment will assist in firefighters performing their jobs in a more safe and efficient manner.
The Tyler Mountain VFD is asking for a contribution of $10,000 towards the purchase of this equipment.

If you have any questions,
Thanks for all you do,

David S. Martin
Chief

please don't hesitate to call me at 304-553-5841.

 APPENDIX N
STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT

Project:
Provide training at the Texas A&M fire school for area emergency response organizations such
as volunteer and professional fire fighters and chemical plant emergency response personnel.
Local professional and volunteer fire departments are primarily trained to fight fires in
structures such as houses, offices, and stores. These organizations, nevertheless, may be
called upon to fight or support efforts to control industrial fires such as at a chemical plant or
chemical storage facility. The Kanawha Metro area has partnered with the BCS lnstitute site in
a NIME protocol and common training is important during communication of an incident. Local
chemical plant emergency squads are trained to fight industrial fires but newer members of
those squads have not yet had the level of training envisioned for this project. This training will
improve the skills of primary industrial responders and backup resources that are expected to
deal with industrial fires.

Nexus to GAA 112(rl:
As proposed, this SEP enhances a facility's ability to respond to a release, evacuate premises
during a release, enhances the capabilities of local emergency responders and facilitates a
quicker and more efficient response to releases associated with emergency events, thus, it
fulfills the statutory objectives of the CAA. Adequate nexus is deemed to exist using
categories F and G
compliance promotion and emergency planning and
- environmental
preparedness, providing
training to members of the regulated community in order to identify,
achieve and maintain compliance with applicable statutory and regulatory requirements, and
enabling organizations to fulfill their obligations under the Emergency Planníng and Community
Right-to-Know Act (EPCRA) to assess dangers of hazardous chemicals present and to
develop emergency response plans to train emergency response personnel to better respond
to chemical incidents- in the March 2015 Update to the 1998 SEP Policy. This SEP is
appropriate as those primarily impacted by the training are firefighters within the same
emergency planning district, and violations of Section 112 (r) of the Clean Air Act are alleged in
the complaint.

Description of Project:
The Texas A&M fire school is recognized as a leader in fire fighter training, and has been a
resource for fire fighter training in the chemical industry. Representatives from local
professional and volunteer fire departments would attend the school along with representatives
of chemical plant emergency squads. The objective would be to train outside organizations to
efficiently and safely respond to the types of situations that can occur in a chemical facility and
to bolster the training of local industrial emergency squads, Training will include industrial
firefighting techniques, and Hazardous Material training. The disaster that occurred in West,
Texas illustrates the need for local fire fighters to understand the risks and precautions
associated with events that can occur in nearby facilities.

Page

I of3

 The plan is to train members of Kanawha County fire and emergency response organizations
on a schedule that works for the trainees, their organizations, and the Texas A&M schedule.
We would propose to send three members from each of the following city and volunteer fire
departments:
Nitro Fire Department (20 candidates)
lnstitute Volunteer Fire Department (15 candidates)
Jefferson Volunteer Fire Department (15 candidates)
Saint Albans Fire Department (27 candidates)
South Charleston Fire Department (41 candidates)
Dunbar Fire Department (18 candidates)
Charleston Fire Department (169 candidates)
Tyler Mountain Fire Department (35 candidates)
BCS also proposes to pay for four students from each shift plus four Shift
Superintendents/lncident Commanders from Dow's South Charleston site to attend, for a total
of 20 students. BCS will also send four from each shift plus four Shift Superintendents/lncident
Commanders from the lnstitute site for another 20 students. The two plant sites will send Dow
and BCS squad members in the approximate proportion that Dow and BCS are represented on
the squads.l

Thus, BCS proposes to pay for a total of 64 students.2

Scheduling
Texas A&M fire school conducts six training sessions per year. The school can accommodate
70 people for a 40 hour class. Schedules are published in August or September for the
following year. Classes are sought after and very popular, thus, BCS expects to send 3 - 4
students per session, taking 4 -6 years to complete the training. Some sessions we might be
able to send more than 3 - 4 students and some sessions we might not be able to send any.
BCS anticipates:
1) Completing the identification of students within 120 days of entry of the consent decree;
2) Complete a status report within 180 days of entry or six months thereafter;
3) Within five years of the entry of the consent decree certify completion and provide name
of trainee and facility accommodated.

A.

$144,320.00
NFPA 1081 lndustrial Exterior Fire Brigade Training, course 1ND016,40 hour, $2,255.00 per
student for 64 students. See attached course description.

B. $108,800.00
The Dow South Charleston Plant Emergency Squad includes 42 candidates including B Securitas, 22Dow and 12 Bayer MaterialScience
employees. The BCS lnstitute Emergency Squad includes 76 candidates including 39 Dow and 35 BCS CropScience employees.
z The BCS employees counting against this number will be volunteer firefìghters in their communities,
1

Page2 of3

 Travel, lodging, and meals are approximately $1,700 per student for 64 students
Flight from CRW to CLL to CRW, $600.00
Hotel for six nights, $900.00
Meals for six days, $200.00
TOTAL COST: Approximately $253,120.00

Page 3

of3

 TEEX NFPA 1081 Industrial Exterior Fire Brigade Training

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NFPA 1081 Industrial Exterior Fire Brigade Training

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Schedule
Start Dale

End Date

Location

Class Number

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Colleg€ Stal¡on, TX USA

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Description

Resources

This course is design€d to meet tha objectives oullined in lhe Nal¡onål Firê Proteclion Assoc¡ation (NFPA) 1081 Sland6rd

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Related

Prerequisite
lf you would llke certmcatlon, you must provids proof by the end of the class that you âre lra¡ned to NFPA 472 Hazmat
Awafeness or above.
We are no longer sccepting 29 CFR 1910.120(q) wilhout lhe course syllabus oullln¡ng lhê exact æursa conl€nl, and lhe
course content musl meêt NFPA 472 Hânat Awareness.
You csn provlde a certificate or a kanscr¡p( from an accr€d¡led ag6ncy lhat llsls 6ucc€ssful complôtlon ôf the requlr€mênts.
Th¡s p¡oof must be daled prior 10 the lsat day of class.
lf you cannot show proof lhrough your lraining records, go to htlp://w.teetrmdcampus.com and a[ no cost, you may
reglster snd take course numbêr AWR160-W 'Terrorísm Awareness for Emergoncy F¡rst Responders" to sslisry the
prersqul€lte- You must print snd bring your compl€led c€rtlllcste to class.

Topics

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Flrêlighter Safety/personn€l prolectlon
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Fire Slreams and appl¡ânæs

Selfüntained brÊathlng apparalus (SCBA)
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chemiæl âgonto and appliÉllons

Pr6-êmêrg€ncyplann¡ng
Slfat€gles and taclics
lncidenl command (ovsrvlêw)
Fire bêhavlor
Fundamentals of flrêfighllng
Reôcue procsduros

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Salvagê and overñaul oporalionE
Fundsm€ntels of v€nllht¡on
Planl fir€ prevent¡on

Audience
This course is epproPr¡et€ for all lndugtrial ôm€rgênoy response personnel, including fre prevenlion, supptêssion, conkol,
and s€fety peßoñnsl.
Potontlal attêndêês could include:

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Planlmainlenanc6psfsonn6l
Lebora(ory personnsl
Eng¡neers

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Educatlon Credlts
ACE

Pfo Board

4.00 cEU

Contact lnformation
Mårk Jackson
lndusklal Flre Tralnlng Manager
Phone: 97945&3ô42
mørk.¡ackson@t€êx.tamu,edu

Other lnformatlon
Courses

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lncludes cours€ malerials
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Personal Protectlon Equlpment (PPE)

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All Btudenls are rsquksd to follow the TEEX Student Safstv Månuâl at all lim€s

Work Attlre

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Wear rêgular work al(ro for lraln¡ng acliv¡l¡es and classræm sess¡ons.
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Annual Flre Tralnlng School

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Clas6 hours:
Annual F¡r€ Tr€lnlng School's hours âre dllf€rent lhan lhs normal course houre. Please be sure you come et the corect
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Monday -Thursday:230 a.m. - 5:30 p.m

Friday:7:30a.m -11:30a m.

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School.

Pollcles
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l2D2l20l4

 APPENDIX O
STATEMENT OF WORK
SUPPLEMENTAL ENVIRONMENTAL PROJECT

Project:
Provide Shelter ln Place planning and training for Kanawha County Schools

Nexus to CAA 112(rl:
This SEP provides a reduction in the deterioration of public health, by instructing the
community in the use of a structure and its indoor atmosphere to temporarily separate
individuals from a hazardous outdoor atmosphere that could result in actual or potential
damage to human health. The primary beneficiary is the community in the vicinity of the
lnstitute plant in the Kanawha valley which is potentially at risk. Adequate nexus is deemed to
exist using categories F and G
environmental compliance promotion and emergency
planning and preparedness, providing training to members of the regulated community in order
to identify, achieve and maintain compliance with applicable statutory and regulatory
requirements, and enablìng organizations to fulfill their obligations under the Êmergency
Planning and Community Right-to-Know Act (EPCRA) to assess dangers of hazardous
chemicals present, and to develop emergency response plans to better respond to chemical
incidents, and inform potentially effected citizens of risks posed by chemicals present in their
communities- in the March 2015 Update to the 1998 SEP Policy. This SEP is appropriate as
the primary impact of shelter-in-place training is within the same emergency planning district,
and violations of Section 112 (r) of the Clean Air Act are alleged in the complaint.

Description of Project:

The contractor will help to define the needs and propose a path fonryard to prepare and train
for shelter in place events in the Kanawha County schools.
i School Specific Review for Shelter in Place Options and Path Fon¡rard
i School Specific Shelter in Place Plan Development
t School Specific Shelter in Place Training
i Demonstration of Shelter in Place Principles and use of Visual Aids
i Hands on Practice with Shelter in Place Principles and Materials

Scheduling:
BCS's goal is to develop a schedule with the Kanawha County School District to accomplish
training at the majority of the schools within 90 days of the entry of the final Consent Decree,
and to perform training within three years of the date of entry of the final Consent Decree.
Thus, BCS will endeavor to accomplish the following:
1) Within 90 days of entry of the consent decree disseminate the proposed training
schedule;
2) Within 180 days of entry of the consent decree certify schools completing training to
date;

3) Within

three years of entry of the consent decree certify completion of training for all
schools.
Page 7

of2

 A.

$107,800
The costs associated with the above project are $95 dollars an hour. Travel time will be billed
at 112 of the hourly rate. A flat rate of $100 per diem per day if needed for hotel and meals.
Shelter in place Materials will be billed at cost plus 10%. A general estimate of cóst for the
schools in the area is attached. The estimated cost for the Plan Development and Training is
$98,800, and travel and lodging expenses are estimated at $9,000. The total estimate is
$107,800.

TOTAL COST: Approximately $107,800

Page2 of2

 Bayer CropScience - School Shelter in Place Plans, Training,
Demonstration and Equipment
Client Information

Building fnformation

BuildingName(s):

Contact: Matt Harris
Company: Bayer CropScience
Address:
Telephone No.: 304-767-6632
Fax No.:

Project

Title:

Scope of

a
a
O
t
O

Work

BayerCropScience

Area: Institute Area Schools

Additional Information: School Shelter in Place Plan
Development, Training, Demonstrations and Hands on
Practice

Bayer CropScience - School Shelter in Place Plans and Training
The specific scope of work for this project includes:

School Specific Review for Shelter in Place Options and Path Forward
School Specific Shelter in Place Plan Development
School Specific Shelter in Place Training
Demonstration of Shelter in Place Principles and use of Visual Aids
Hands on Practice with Shelter in Place Principles and Materials

Project Cost
The costs associated with the above project are will be $95 dollars an hour. Travel time will be billed at l/2 of the hourly rate. A flat rate
of $ 100 per diem per day if needed for hotel and meals. Shelter in place Materials will be billed at cost plus l0%. Ageneral estimate of
cost for the schools in the area is attached . The estimated cost for the Plan Development and Training is $98,800, and travel and lodging
expenses are estimated at $9,000. The total estimate is $107,800.

Proposal Terms
Terms of payment for services are net within 30 days after invoicing.

Authorization to Proceed
I

appreciate the opportunity to present this cost proposal.
authorization to proceed.

We will begin the implementation stages of the project upon receipt of your

Client

Consultnnf

Matt Harris

James D. Johnston

Bayer CropScience

Johnston EHS

Authorized Signature

D¡te

Authorized Signature

Date

 Gost Estimate For Shelter ln Place Plan for lnstitute Area Schools

ST.ALBANS-8Schools
HAYES MIDDLE SCHOOL (grades 6-8) - Estimated total cost = $4,400

34 teachers, 490 students

MCKTNLEY MIDDLE SCHOOL (grades 6-8122 teachers, 360 students Estimated Total Gost = $3,800

ALBAN ELEMENTARY (K-5) 22 teachers, 380 students Estimated Total çe51=$3,800
CENTRAL ELEMENTARY (K-5) 462 students, 24 teachers Estimated Total Cost $4,400
ANN BATLEY ELEMENTARY (K-5) 325; students, 26 teachers = Estimated Total Gost = $3,800
LAKEWOOD ELEMENTARY (K-5) 272 students,
WETNER ELEMENTARY (K-S) 163 students,

l8 teachers - Estimated Total Cost = $3,200

l4 teachers - Estimated Total Cost = $3,000

ST ALBAN HIGH SCHOOL (9-12) 1096 students, 62 teachers. Built 1909 and renovated 2003...appears to
be 5 large conjoined buildings, 2 above ground floors - Estimated Total Cost = $8,800

DUNBAR - 3 Schools
DUNBAR PRIMARY SCHOOL (K-2) 368 students, 25 teachers - Estimated totalcost = $3,800
DUNBAR TNTERMEDIATE CENTER (3-5) 341 students, 23 teachers - Estimated Total Cost = $3,800
-DUNBAR MIDDLE SCHOOL (6-8)431 students, 28 teachers - Estimated Total Gost = $4,200

 SOUTH CHARLESTON - 4 Schools
BRIDGEVIEW ELEMENTARY SCHOOL (K-5) 464 students, 31 teachers - Estimated Total cost of $4,400
RICHMOND ELEMENTARY (K-5) 261 students, 20 teachers - Estimated Total Gost = $3,200
SOUTH CHARLESTON MIDDLE SCHOOL (6-8) 39f students, 24 teachers - Total Estimated Gost =
$3,800

SOUTH CHARLESTON HIGH SCHOOL (9-12) f 007 students, 61 teachers - Total Estimated Cost =
$7,700

*3 above ground floors

WV STATE UNIVERSITY
9l acres, founded 1891, 35 buildings,

2622 students. (campus map available) - Total Estimated Cost =

$24,400

BEN FRANKLIN VOCATIONAL CENTER

477 students, 24 teachers, 6 buildings - Total Estimated Gost = $9,200

 Appendix

P

DOJ Case #90-5-1-10802
Local and state Emergency Responders to the Bayer CropScience lnstitute Site
August 2008 lncident

Kanawha County Sheriff Detachment
Kanawha County Metro Communications
Kanawha County Ambulance Authority
Nitro Police Department
Dunbar Police Department
South Charleston Fire Department
Nitro Fire Department
Institute Volunteer Fire Department
Jefferson Vol unteer Fire Department

Tyler Mountain Volunteer Fire Department
St. Albans Fire Department

State Fire Marshall's Office