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23 May, 2011
ICEM’s North American affiliate, the United Steelworkers (USW), signalled its intent to join a federal lawsuit with two US NGOs against Omnova Solutions for alleged failure to report toxic chemicals.
The USW, the Center for Health, Environment, and Justice, and the Blue Ridge Environmental Defense League fulfilled a 60-day requirement providing notice of intent to file in US Federal District Court over alleged insufficient reporting of storage and release of toxic chemicals into the environment from Omnova’s performance chemicals plant in Chester, South Carolina.
Omnova Solutions, based in the US, is a global producer of specialty chemicals, emulsion polymers, and decorative products. Its performance chemicals division provides binders, coatings, adhesives, and additives primarily for the paper, textile, and carpet industries.
The suit by the three parties would fall under the US Emergency Planning and Community Right-To-Know Act of 1986. It will allege that Omnova, active in Europe, Asia, and North America, failed to accurately complete and submit required toxic chemical release forms for 2008 and 2009 to report releases of potassium permanganate and toluene diisocyanate. The groups also allege that the company failed to report its 2008 releases of isopropyl alcohol. Under the law, Omnova could be subject to civil penalties up to $US32,500 per violation, per day with liabilities that ultimately could reach millions of dollars.
While all three chemicals can irritate the nose and throat, health warnings advise that toluene diisocyanate may cause cancer, lung irritation and an asthma-like allergy. Potassium permanganate may decrease fertility and affect the liver and kidneys.
“We have found that employers who disrespect workers often treat the environment with the same contempt,” said USW Special Counsel Lynn Agee. “Until OMNOVA starts obeying our laws and respecting workers, we’ll continue in our efforts to bring the company to justice.”
The Chester facility is one of six OMNOVA plants that stores large volumes of extremely hazardous chemicals in quantities that the US Environmental Protection Agency (EPA) deems a potential public risk and subject to risk management planning.