GOVERNMENT & POLICY
WHAT SHOULD THE PUBLIC KNOW?
JEFF JOHNSON/C&EN
information isn’t inadvertently disclosed,” O’Neil says. “This is not a way for companies to withhold information from CSB.” O’Neil says USCG has no problem sharing information with government bodies such as CSB or emergency responders if they sign nondisclosure statements agreeBayer, chemical board dispute over COMMUNITY ACCESS ing not to release information that USCG to accident data may be harbinger of battles to come deems sensitive. “We have even agreed to give CSB Bayer’s security plan—providing they sign a EARLY THIS MONTH, the U.S. Coast Guard cause it is on a waterway, the Kanawha River. nondisclosure agreement,” O’Neil adds. (USCG) and the Chemical Safety & HazBayer officials say they fear plant-specific “Well, this is where it gets tricky,” CSB ard Investigation Board (CSB) reached an information might fall into terrorists’ hands. Chairman John Bresland says, noting that agreement over what could be revealed durHowever, community members want to this problem has never occurred before during an upcoming community meeting in Inknow what they were exposed to and how ing the board’s 49 accident investigations stitute, W.Va., set to discuss a fatal industrial the plant can be made safer. over the past 10 years. “We pride ourselves accident at the Bayer CropScience plant. The issue is magnified in this case on being a public agency in terms of getThe agreement resolved a ting accident information out to dispute between CSB and Bayer the public with our reports and over constraints—which the safety DVDs.” company said were based on seBresland acknowledges that curity concerns—about what the the Coast Guard review worked board could say to people living this time, but he worries about near its facility about the Aug. 28, the future. “If we have to go 2008, deadly accident and explothrough this process with every sion. This type of dispute is likely investigation covered by secuto become an increasing problem rity regulations, it is going to for CSB, because some 10,000 make our lives complicated,” facilities are covered by security he says. laws that place limits on the in“We don’t want to disclose formation companies can openly information about numbers ON THE RIVER Some make available. because Bayer stores large of guards, how high the fences In the Bayer accident, as with all industriquantities of MIC, the chemi- 10,000 industrial are, when guards make their facilities are U.S. al accidents, the details of why this mishap cal that led to thousands of rounds,” Bresland explains. security concerns, occurred are important—two workers were deaths in Bhopal in 1984. “But we do care about the chemand 3,000 of them are killed and thousands of people living near When Bayer objected to regulated by the Coast icals used in a plant, how much Guard, such as this the plant were forced to “shelter in place” CSB’s possible release of seis stored on-site, and the potenin their homes on the night of the fire and curity-sensitive information, one on the Houston tial impact of a release.” Ship Channel. explosion. Confusion reigned that night. both parties looked to USCG, CSB has no regulatory authorEmergency responders were unsure where which oversees MTSA. ity; its sole power is to identify in the plant the accident had occurred or A Coast Guard review of the causes of accidents and to what chemicals had been released. Resithe material that CSB planned to use in focus public attention on their resolutions. dents said they saw a plume exit the plant the community meeting found only one Bresland points to several accident investibut don’t know what they were exposed to, problem—a reference to the time of day gations that led to chemical process changes notes resident Maya Nye, a spokeswoman MIC is transferred within the plant. In reand reductions in on-site storage of certain for the local group People Concerned About sponse, CSB struck this information from chemicals. MIC, which stands for methyl isocyanate its material. But Bresland’s concerns go beyond the (C&EN, March 16, page 40). initial public meeting, which has been set Although the board regularly holds comNOW, USCG wants to formalize this negofor April 23. He worries about next summer munity meetings during investigations, tiation process; CSB is not so sure. when CSB finishes its final 100-plus-page this is the first time a company has cited Specifically, the Coast Guard wants to report on the Bayer accident. Says Bresland, security concerns to block information develop a memorandum of understanding “If we have to send it over for Coast Guard from going public. Bayer objected to the (MOU) with CSB to guide future secureview, it would get very complicated.” release of information contained in some rity matters, says Lt. Cmdr. Christopher Before agreeing to hammer out an MOU, 48 documents. The company cites the need O’Neil, USCG chief of media relations. the board will look to Congress for directo keep secret “sensitive security informa“We are not interested in becoming tion, Bresland says. A hearing before a tion” that is protected under the Maritime an overseer of CSB or weighing in on the House Energy & Commerce subcommittee Transportation Security Act (MTSA), an conclusions it makes in its investigations. on the CSB investigation at Bayer has been antiterrorism law that covers the plant beOur sole purpose is to make sure protected scheduled for April 21.—JEFF JOHNSON WWW.CEN-ONLINE.ORG
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