Document nmJX7maNoX9ZK92GQnGQY46G8

Received: 12/17/97; 2:47PM; 12-17-1 997 2 :S 2 P M 606 906 2696 => Richard E Condii; F R O M CVVWG 6 0 6 9 8 6 269 5 #1 P. 1 UNITED STATES OF AMERICA BEFORE THE ENVIRONMENTAL PROTECTION AGENCY Chem ical Weapons Working Group Complainants. -vsA labam a Departm ent o f Environmental Management. Respondent. , ) ) ) ) ) ) ) ) ) ) ) ) ) Com plaint of Discrimination I. INTRODUCTION )- 1. This is a com plaint of discrimination on account of race and poverty on behalf o f people of African- American ancestry and of low incom e who will be disproportionately harmed as a consequence of the action of the Respondent Departm ent in authorizing the operation o f a chem ical weapons incinerator at the United States Army's Anniston Army Depot near Anniston Alabam a. This proposed facility poses a disproportionate risk of harm to human health am ong people of color and low income living nearby. This discrimination is contrary to the Equal Protection Clause of the Fourteenth Am endm ent to the United States Constitution, Title VI of the Civil Rights Act of 1964, Presidential Executive O rder 12898 on Environmental Justice and EPA Regulations providing for nondiscrimination in programs receiving federal financial assistance, 40 C.F.R. Part 7B, Com plainants ask tha t this m atter be referred for investigation to the EPA O ffice o f Civil Rights and tha t com pliance be achieved through the denial of the Received: 12/17/97; 2;4SFM; 12-- 1 7-- 1997 2:5 3P M 606 986 2695 => Richard C o n m t ; FROM CWWG 606 986 2695 #? P-2 subject facility permits or tha t the discriminatory im pact be avoided by requiring the use of an available alternative treatm ent technology which poses less risk of harm. II. JURISDICTION 2. The Agency has jurisdiction to receive, investigate and remedy com plaints of discrimination on account of race pursuant to 40 C.F.R. Section 7.120 and 7.130. Executive Order 12898 imposes a duly on the Agency to identify and address disproportionately high and adverse human health and environm ental effects of its programs, policies and activities on minority populations and low-incom e populations. III. PARTIES 3. SAFE (Serving Alabama's Future Environment) is a not-for-profit citizens organization which seeks to protect human health and the environm ent in the Anniston, Alabam a area, SAFE has actively opposed plans by the United States Army to construct and operate an incinerator a t the Anniston Army D epot for the purpose of burning stockpiled chem ical warfare agents and munitions on the. grounds that incineration poses unacceptably high risks to human heafth and the environment. SAFE has advocated the use o f safer alternative technologies for treatm ent of these agents and munitions, in Jacksonville, Alabam a, about thirteen miles east of the proposed incinerator. She is a person of African-American ancestry and of low-income. She has authorized SAFE to represent her interests inf this matter. resides in Fort McClellan, Alabam a, approximately nine mites east of the proposed incinerator. She is a person o f African-American ancestry and of low-income. She has authorized Received: 12/17/97; 2:48PM; 12 - 1 7 - 1 9 9 7 2 :5 3 P M 606 986 2695 => Richard E Condii; FRO*1 CWWG 606 986 2695 #3 SAFE to represent her interests in this matter. The Sierra Club is a national nonprofit organization of over 525,OCX) members dedicated to exploring, enjoying, and protecting the wild places of the earth; to practicing and prom oting the responsible use o f the earth's ecosystems and resources; to educating and enlisting humanity to protect and restore the quality of the natural and human environment; and to using all lawful means to carry out these objectives. The Alabam a Chapter of the Sierra Club has over 2,200 members, including African American members and members in Anniston. The Sierra Club's concerns encompass environmental justice and equality. The Chem ical Weapons Working Group (CWWG) is a international coalition o f citizens' organizations and individuals in the U.S. and Pacific advocating for safe disposal o f the chem ical weapons stored in their communities, The CWWG has members a t all nine U.S. chem ical weapon stockpile sites, including Anniston, Alabam a. The CWWG is united in opposing incineration and advocating safer disposal methods. 4. The Alabam a Departm ent of Environmental M anagem ent (ADEM) is an agency of the State of Alabam a which Is responsible for, am ong other duties, administering the federally approved and federally assisted program to im plem ent the federal Resource Conservation and Recovery A ct (RCRA) including the licensing and regulation of facilities for the treatm ent, storage and disposal o f hazardous wastes. As part of this federally assisted RCRA program the ADEM issued Hazardous Waste Facility Permit AL3 210 020 027 on June 19, 1997, to the United States Army, Anniston Army Depot for the Anniston Chem ical Demilitarization Facility for the incineration of chem ical weapons agents and Received: 12/17/97; 2:49PM; 12-17-1997 2:54PM 606 986 2695 => Richard E Condit; FRO* CWWG G06 986 2695 #4 P. d munitions. IV. COMPLAINT OF DISCRIMINATION 5. The operation of the proposed chem ical weapons incinerator a t the Anniston Army Depot as authorized by the Respondent Alabam a Departm ent of Environmental M anagem ent (ADEM) will disproportionately and adversely harm people o f African- Am erican ancestry and low incom e living near the facility, 6. . Contrary to law, the actions of the Respondent Alabam a Departm ent of Environmental M anagem ent (ADEM) have the effect of denying service, aid or other benefit to persons on the basis of race and incom e; have the e ffe c t of restricting the enjoyment of advantage and privilege enjoyed by others on the basis of race and incom e and by the use of criteria or methods of administering its program has the e ffe ct o f subjecting persons to discrimination because of their race or incom e. In addition the Respondent ADEM has approved the selection of a site or location for the proposed incinerator facility which has the purpose or e ffe ct o f discrimination because of race or Income. Finally, upon inform ation and belief the State of Alabam a has long practiced official racial discrimination and, therefore, has a duty to take affirm ative action to remedy the racially disparate im pact of the permitting of this facility. 7. A ccording to the U.S. Army's "Chemical Stockpile Disposal Program Final Program m atic Environmental Im pact Statement," January 1988, Table 3.2.8, over 100,000 people live within 20 kilometers of the proposed Anniston incinerator, Within this distance of the facility lies the City of Anniston with a population of 26,623, 44% o f whom are African-Am erican most o f whom are concentrated in Received: 12/17/97; 2:49PM; 12-17-1997 2:54PM 606 986 2695 => Richard E Condii; FROM CWWG 606 986 2695 #5 P. 5 the predom inately African-Am erican west side nearest the proposed facility. A ccording to the 1990 census Anniston has a disproportionate concentration of people o f African-Am erican ancestry, as com pared to Calhoun County which is 19% African-Am erican, the State of Alabam a which Is 25% African- Am erican and the national average of only 12% African-American. 24% of Anniston's population live below the poverty level, a rate which, is almost twice the national average of 13.2%. Closer to the proposed Incinerator, to the southeast, is the com m unity of Hobson City, incorporated by ex-slaves after the Civil War. 97% o f Hobson City's population o f 794 people are African-American. Fifteen miles to the south of the Anniston Army Depot is the city of Taliedega with a 41% African-Am erican population. 8. The Anniston Chem ical weapons incinerator will routinely release low levels of unburned chem ical warfare agents, heavy metals and other toxic substances which harm human health. Notable among these routine releases are the powerfully toxic fam ily of dioxin-iike substances which are known to cause harm to humans including cancers, reproductive dam age, neurological dam age and birth defects. The risk assessment for the Army's Utah chem ical weapons incinerator disclosed th a t routine operations will expose particularly vulnerable breast-feeding infants living near the facility to risks of cancer exceeding the ERA'S a c c e p ta b le risk standard. Since the draft permit has no emission limits for 2,3,7,8-Tetrachlorodlbenzo-p-dioxin or its congeners, it cannot pro tect the health of (Anniston residents or) nursing infants. Since nursing infants in the African Am erican and low incom e communities of Anniston and Calhoun County have Received: 12/17/97; 2:50PM; 12-17-1997 2:55PM 606 986 2695 => Richard E Condit; FROM CWWG S0G 986 2695 #6 P.6 already been subjected to high background levels of pollution, PCB and other chem icals, additional contaminants from the incinerator stacks will cause additional cum ulative and synergistic health effects on such communities, 9. In addition to the risk posed by the proposed incinerator, AfricanAmericans and poor people living near the Anniston Army Depot have been disproportionately and adversely im pacted by pollution from other industries and the U.S, military. Respondent ADEM has failed to consider such cum ulative and synergistic health effects o f incinerator emissions on a com m unity w hich has ! already had high levels of exposure. The African American and poor population residing near the ANAD incinerator site and down wind have been exposed to m any other pollutants over their life times in the area. The Anniston Army Depot alone reported 548,073 pounds of toxic releases in its 1994 baseline da ta, which m ade ANAD number tw o in the nation for releases a t Army facilities. Am ong the top chem icals released a t Army installations were zinc compounds, Hexachloroethane, Methyl ethyl ketone, 1,1,1-Trichloroethane. Trichloroethylene, Dichloromethane, Ethylene glycol,, Phosphoric acid. Chlorine, and Ethylbenzene. The industrial west side of Anniston, where most African Americans reside due to historic segregation practices, includes other polluting com panies such as various iron plants tha t operated from the 1880s to the 1960s and 1970s, chem ical plants such as Swann Chemical established during World War I, Monsanto Com pany since 1939 (re-named Solucia in 1997) and Defense Research Corp. Methyl Bromide is sprayed at the Woerner Turf sod farm east of Anniston. Also, cotton farming, common in the area, is the most insecticide Received: 12/17/97; 2:50PM; 12-17-1997 2:55PM 606 986 2695 => Richard 6 Condit; FROM CWW G 60G 986 2695 #7 P. 7 Intensive crop. During the spring and summer months, open spraying by truck of mosquito insecticides occurs throughout Calhoun County. Synergestlc and cum ulative effects of these pollutants, chemicals, pesticides, insectides and herbicides com bined with the agent and other pollutants em itted from the incinerator will deleteriously effect the health of the African Am erican and poor population of the area. ADEM fails to consider how additional exposures will im pact low incom e people who may not have access to adequate health care or nutrition, Unofficial health studies initiated by. community residents in C obbtow n and Sweet Valley show the community is already experiencing high incidences of reproductive problems, skin rashes, cancers and respiratory problems. Numerous accidents, fires, explosions, nerve agent leaks, and other mishaps a t the Army's existing chem ical weapons incinerators suggest th a t such an event a t the Anniston facility may release toxic nerve or mustard ag e n t / causing death or severe injury to nearby populations. African-Americans and people o f low incom e are threatened with disproportionately high and adverse hum an health and environmental effects from the Respondent Departm ent's action in authorizing the operation of the chem ical weapons incinerator a t the United States Army's Anniston Army Depot near Anniston Alabam a. Safer non-incineration alternatives are readily available to effectively destroy the chem ical weapons arsenal stockpiled a t the Army's Anniston Army Depot which would avoid exposing people of African-Am erican ancestry and low Incom e to the disproportionately high and adverse human health and environm ental effects posed by the Incinerator, Recently the Army announced Received: 12/17/97; 2:51PM; 12-17-1997 2:56PM 606 986 2695 => Richard E Condit; F R O 1' C W W G 6 06 9 86 269 5 #8 P. 8 th a t seven non-incinerator alternative technologies for destroying chem ical warfare agents have passed the initial evaluation process required by Congress as part of its directive to identify non-incineration alternative technologies. Respondent ADEM's granting of this perm it in effect denies surrounding communities the benefit of safer technologies which are being used in other communities. It also reinforces a pattern of discrimination by the U.S. Army in which lower income communities of color are being asked to a c c e p t chem ical weapons incinerators, while other communities move forw ard with safer technologies. Chemical weapons sites, like other hazardous waste sites, are located predominantly in communities of color and low Income. As the disposal program moves forward, a pattern of discrimination continues. The Army's first Incinerator was built In the Pacific on Kalama Island in an area of the world which has suffered a history of severe abuse from hazardous governm ent activities. The second incinerator was built in Tooele, Utah, in a Mormon com m unity which has also suffered a long history o f similar governm ent abuse. The next three sites scheduled for incinerator construction are Anniston, Alabam a, Pine Bluff, Arkansas, and Hermiston, Oregon, Anniston and Pine Bluff both have high populations o f African Am erican residents and low incom e people. In Oregon, the incinerator is to be built on land protected by treaty with the C onfederated \ Tribes of the Umatilla Indian Reservation. Meanwhile, the Army has abandoned chem ical weapons incineration plans in Maryland and Indiana in favor of safer technologies, Last year President Clinton vow ed to make alternative technologies the "highest priority" in the disposal program, and Congress placed a moratorium on incinerator Received: 12/17/97; 2:51PM; 1 2 - 1 7 - 1 9 9 7 2 : 5 6 PM 606 986 2695 => Richard E Condit; F R P M CWWG 6 0 6 9 8 6 2 6 9 5 #9 construction in Kentucky and Colorado until safer technologies can be dem onstrated. Safer technologies should be m ade equally available to all communities regardless of race, income, or national origin. In addition, the Army's recent request for Respondent ADEM's permission to transport ou t o f state non-stockpile chem ical weapons to ANAD adds further insult to injury, and reinforces local fears that once an incinerator Is built rt will be used for years to com e for toxic and chem ical waste from across the country. RELIEF 11. FOR THE FOREGOING REASONS Complainants ask that this m atter be referred for Investigation to the EPA O ffice of Civil Rights and th a t com pliance be achieved through the denial of the subject facility permits or tha t the discriminatory im pact be avoided by requiring the use of an available alternative treatm ent technology which poses less risk of harm. Respectfully submitted. D ecem ber , 1997 Robert Guild 314 Pall Mali Columbia, South Carolina 29201 (803) 252-1419 ATTORNEY FOR COMPLAINANTS lved: 12/17/97; 2:52PM; 12-17-1997 2:57PM 606 986 2695 => Richard E Condlt; FRP' ' C W W G 606 986 269 5 #10 P. 10 chemical y Neutralization r 1$ .. Chaining in T I7 War -- on nJroTi-s--o---n----G----a---s- 3y JAMES 1?KOOK E Dn v r r , Feb. 5 -- When Prcsient Ciinton challenged Congress on uesday to " at last begin to outlaw Oison gas from this earth," viewers f the State of the Union address may ave .envisioned conveyor belts fecd- i(t nerve gas rockets into furnaces. But in the brewing fight over lurativ contracts to destroy the /urld's chemical weapons; chemical euirahzation is moving to the front ver incineration. With or without he Senate's ratification of the Chem- ;al Weapons Convention, the domiction cf chemical weapons is tkely ta become a muliibillion-doUar usiness around Ihu world. Even if the Senate does not ratify he treaty, the United States, Russia ind China are moving to destroy heir aging stocks o chemical weapns. The public's fear th a t poison night escape from incinerator mokeslacks has pushed politicians ft the direction- of using chemical laths to neutralize the nerve agents. In Utah, malfunctions at a $650 nilhon prototype incinerator have orced the Army to close the plant six imos in the six months since It penod at the Df.seret Chemical He>ot. which holds 42 percent of the union's stockpile of chemical arms. In Russia this month, American echnfcians for the Morrison Knud- ten Corporation started surveying a :it for a 600 million chemical neuraiization plant that, beginning in he year 2001, is to destroy half of tussia's 40,00(Mon stockpile of hemic! weapons. Next week another American comiany with patented chemical neurahiation technology will send one tales team to Moscow and another to Tokyo. The Japanese warn lielp in inally destroying the chemical nocks they abandoned ip China at be end of World War ft. "H has no chimney stacks," said tenneth I.. Adeiman, who directed he Arms Comm! and Disarmament \ficncy in the Reagan Administraiou and is a ooard member o the >arenl company. Commodore Ap>licd Technologies. "It works, it's relatively cheap and i s portable, so you don't have to hip the bad stuff around the conn tty," Mr, Adeiman added. Without' itc-s loyc flqcked fu Tooele. Utah, chimney stacks, Russian consumers' where The first chemical weapons and residents don't get excited about incinerator in the Contincnlal United the bad stuff in the air." States finally Started last August, Americans have also proved to be almost 20 years aftet the original resistant to the sight of chimney designs wCre drawn up. In the Iasi S tack s a t c h e m ic a l w eapon sites six months the incinerator has On Friday in Oregon, the state burned 11,421 safut-filied M-55 rock1 Environmental Quality Commission ets, about o/ie-ifurd of the depot's is to vote on issuing the Army a stocks Over the last month it has permit to build an incinerator at the destroyed S3 bulk containers, each Umatilla Chemical Depot. tilled with nearly a ton of sarin. "There is absolutely nc need tn But (he mc.iiiei ator has had a se- build that Incinerator when there arc .r*6s of minor malfunctions and has safer alternative technologies avail-# tx/en accused of lax safety practices, able id chemically neutralize the weapons," said Craig Williams, made by three high-ranking employ- spokesman for the Chemical Weap ons Working Group, a coalition of groups from the nation's eight com munities where the Army maintains Public opposition to stockpiles ot chemical weapons. Indeed, citizen opposition to incin incinerators spurs an erators has become so great that Congress last year tnflefinitely interest in good banned the construction of incinera tors at two sites, in Colorado and alternatives. Kentucky. Congress also earmarked 88 million to test eight alternative disposal technologies, virtually all using some form of chemical neu tralization process Responding to strong opposition to incineration, the Army announced m December that it would build neu tralisation plants at two nerve agent storage sites, in Indiana and Mary land. With these moves and with the Congressional action, chemical ees who were dismissed from the project in the last two years. "We see it- as pan of the normal process we go through when' we shake down a facility." Marilyn Tischbln, the Army's spokesman for chemical demilitarization. said to day about the shutdowns Referring to environmentalists' accusations weapons incinerators can now be that nerve agent was twice released built only at three munitions sites in from die incinerator, she said. the United Slates: Umatilla, Ore., "There have been no releases from Pine Bluff, Ark., and Anniston. Ala. that facility." Over the next 20 years, the Gov in December, in response to the ernm ent expects to spend about $10 criticism, an Army safety team and bljbon to destroy weapons at the u Utah regulatory board declared eight chemical weapons depots and the incinerator safe. The United an additional $17 billion on cleaning Slates Court ot Appeals for ihe .Tenth up 2IS "non-stockpiie" sites in .16 Circuit, in Denver, refused to grant states -- largely abandoned produc an injunction to hail operations. But tion plants and training grounds even if the inemetalor operates until Worldwide, an additional $50 bil its scheduled termination dale, 2003. lion could be speni by countries seek u appears to be losing in the court of ing to comply with the Chemical public opinion. Weapons Convention. Mr. Williams "People are stepping forward, estimates. The treaty, which has saying there are alternatives,'' said bficn signed by 161 countries and t.isa Kirk Puclmer, director of a new goes Into effect on April 2S. mandates Utah group. Families Against Incio- the deslroction of nit chemical we.tp. ci ator Risk Noting that ,iuo people Ons within 10 years, had joined (he group since October, in recent months international vts- when it was formed, she added Tn the event or a large net vc-mget.t ietease, the counties around here arc not prepared." Chemical neutralization s a ret'rific idea," she continued, estimating that Utah's nerve agent stocks could be chemreolty neutralized for about $75 million. "We don't want to be 'he only state in the Union that has ar. incinerator " One convert is Maj. Gen. Gerald Watson, who built a nerve agent in cinerator at an Army production plant near Denver ir. the 1970's and was commander of the Army Chemi cal Corps in the late iS80s. "Wc now have a really good alternative to incineration," he said today General Watson, now retired, is a business associate of .Mr. A ddition They are promoting a process, pat ented as SET, for solvated electron technology. The process, which in volves a low temperature bath of sodium and anhydrous ammonia, has successfully destroyed M-55 rockets containing, sarin, like those that have been burned in Tooele. "It destroys the agent, destroys the explosives, destroys the rocket -- and you can lake the waste to a landfill''General Watson said. "And you avoid all the cost of Incinerator pollution abatement equipment." Chemical neutralization offers an other advantage: the possiblity ot mobile laboratories traveling to farflung stockpiles. In contrast, the con struction of an expensive incinci aiur requires shipping weapons to a cen tral site In China; Russia and the United States, civil defense experts worry about aging chemical muntlloftS -- many built <o have a sheif life of 20. years "The Russians are particularly sensitive after Chernoby 1," Mr.Adei man said "If I am a politician in Russia, I don't want chemical wo: Ons going around on trains." lie was referring to the fire ar.d explosions that occurred on April 26. 1986. at the Chernobyl nuclear power plant near Kiev, Ukraine, which was then pan of the Soviet Union the accident, the worst ;n the hisicry of the nuclear power industry, tell at least 31 people dead in the immedi ate aftermath, caused 115.00U peop.v to be evacuated and spewed radtoac live material over much of Europe Received: 12/17/97; 2:53PM; 12 -1 7- 19 9 7 2:58PM ft* 606 986 2695 => Richard E Condit; FRC,M C W W G G 06 986 2695 #11 P. 11 For chemical weapons destruction SEVEN INCINERATION ALTERNATIVES PASS FIRST TEST FOR ASSESSMENT Seven alternatives to incineration for the destruction of assembled chemical weapons have passed threshold assessment criteria, and the companies proposing their use have until the end o f (he year to fill data gaps before the military determines which technologies move forward to demonstration. The Army announced the names of the companies Oct. 7, and representatives from the companies will provide an overview of their technologies at a meeting of military' officials, citizens, state and federal regulators and scientists this week A (X)D technical team and a citizens teclmical team together chose the technologies. The decision was based on criteria devel oped by the Dialogue on Assembled Chemical Weapons Assessment, a group comprised ofrepresentatives from the military, citizen groups near each of the nine chemical weapons stockpile sites and state and federal regulators. The technologies were chosen, primarily based on their stage of development-- that they were ready for demonstration-- and on their ability to offer a process to demilitarize whole munitions and notjust the agent. The effectiveness of the technologies will ultimately be evaluated by the Dialogue group, the military and the National Research Council. A state source says seven technologies is about the number the dialogue group was expecting. The military is under a congressional mandate to evaluate at least two alternatives to incineration for assembled chemical weapons. Alternatives for bulk chemical agent disposal have already been identified. A citizen source praised the announcement of the seven technologies as proof that incineration alternatives can be found, and on schedule. The chemical weapons incineration program is significantly behind schedule, is over budget and has faces numerous legal challenges from anti-incineration groups. Each of the seven companies will receive a $50,000 grant to address "data gaps" identified during the initial evaluation of their written proposals. At the beginning of 1998, a panel of experts, including Dialogue members, will evaluate the technologies against demonstration criteria that include tests of process efficacy, safety, protection of human health and the environment, and business factors such as cost and the companies' ability to meet the rapid demonstration time frame. The highest-ranked companies will then demonstrate their proposed approaches duringthe summer o fl9 9 8 . The demonstration results will again be evaluated, this time including in the equation, the potential for implementation. A final report to Congress is scheduled for December 1998. The companies and technologies arc as follow's. ARCHTECH o f Chantilly, VA, would use reverse assembly to access the chemical agent. The agent, energetics, metal parts and dunnage would be treated through hydrolysis combined with humic acid and a strong base at 80 to 90 degrees Celsius. The dunnage would be shipped to a landfill. A E A T ech n o lo g y Inc., o f Bethel Park, PA, proposes to use a modified reverse assembly to reach the agent, which would then be treated through electrochemical oxidation using silver ions in nitric acid at 90 degrees Celsius. The energetics would be treated with the silver process. The metal parts would be treated via a high-pressure acid wash, thermal treatment and shipped to the Army's Rock Island Arsenal in Illinois. The dunnage would be shredded and treated with the silver process. Burns an d R oe Enterprises Inc., of Oradell, NJ, plans to use reverse assembly with minor modifications to access the agent. The agent, energetics and metal parts would all be treated with plasma arc in inert argon. The dunnage would be shredded and processed in plasma arc. G eneral A to m ics of San Diego, CA, would use a modified reverse assembly and cryofracture to reach the agent, then use hydrolysis with a caustic and supercritical water oxidation to treat it The energetics, meta! parts and dunnage would be treated similarly, with the dunnage shredded and destroyed in supercritical water oxidation. L ockh ee d M a rtin A d va n ce d E n v iro n m e n ta l S ystem s Inc. of Albuquerque, NM, proposes to use a modified reverse assembly to access the agent, which would then be treated by' hydrolysis with a caustic at 90 degrees Celsius., supercritical water oxidation and Eco Logic gas phase chemical reduction. The energetics would be treated similarly, while the metal parts and dunnage would be washed in caustic, treated in a thermal reactor and put through gas phase chemical reduction. P arso n s In frastru ctu re and T echnology Group Inc., of Pasadena, CA, would use a modified reverse assembly to access the agent. The agent and energetics would be treated through hydrolysis with a caustic biotreatment. The metal parts and dunnage would be treated through thermal treatment T eted yn e -C o m m o d o re of Huntsville, AL. would access the agent through fluid jet cutting, then remove the non-agent components of the munition and drain the agent. The agent itself and the energetics would be treated with a solvated electron process and chemical oxidation. The metal parts would be washed in a solvated electron process followed by oxidation to treat residues. Dunnage would be crushed or shredded, treated in a solvated electron process and shipped to a landfill. r 20 DEFENSE ENVIRONM ENT ALERT - O ctober 2 1 , 1997 |-VO/ / u 0 - O <-K i - ig- n new attitude By Andy M ead Hti>.uj>LcAfl STff Wnirci RICHMOND -- 'l'he long, often acrimonious strug gle over getting rid of the chemical weapons stored in Madison County took a sharp turn toward cooperation yesterday. The head of a new program to look for alternatives to burning the weapons was.in town, talking about reaching out to people who think they were ignored '/'ten the Army decided to build an incinerator. Listening to those people is the "first and most critical" part of his' Qn^Page B4 . ,* i-ActivistS will >in federal COfiCt today to close a ch.emi- c'a U v e a p o n s incinerator in 'M- ;W0 groups plan'a news con Lyepce near the Utjgtj incinerator job, Michael Parker saidi And some who have been m o st' critical of the Army seemed inclined to meet him halfway. "I'm hoping we'll be on the same team," said Craig Williams of the Chemical Weapons Working Group, which h a s. fought incinerators at Blue Grass Army Depot in Rich mond and at other sites where the country's aging chemical-weapons stockpile is stored. '!.L'. 1 The Army decided years ago that incineration was the only safe, practical way to get rid of the deadly weapons Opponents say burning is too dangerous. Even if it worked right, they say, smokestacks 'would release small but potentially dan gerous amounts of nerve agent. The Army was prodded by Congress into finding alternative destruction methods for two sites where only bulk chemical agent is stored! But officials said those methods wouldn't work at sites where the agent was already in weapons. That's because the weapons contain explosives and prooellants that complicate the Sec WEAPONS, m WEAPONS: Incineration foes welcome open attitude From Page B1 picture. around the turn of the century. That schedule is now in limbo. But last year Sen. Mitch Mc Connell, a Kentucky Republican, Parker met with state regula got $40 million into the Defense tors, local officials, depot employ Authorization Act for finding and ees and the Kentucky Citizens' demonstrating at least two alterna Chemical Demilitarization Adviso- tives for disposal. .ry Commission. The act. also put incinerators at He said he expected to be greet the Blue Crass Army Depot and ed with some skepticism because of the Pueblo Depot Activity in Cpl- years of distrust of Army officials, orado on hold until -ISO days after : but said-that "we will demonstrate. Congress gets a report on how t h e :. m actions that this will be a full demonstration worked. - and open program." Last month Parker, 51, was put Williams, thedneineration oppo- m charge of the Assembled nent, said that's the kind of attitude Weapon Assessment Program. ' ' the Army should, have demonstrated before it announced at a Rich mond mee:ing 3 years ago that ir planned to build an mcineralor. Williams said his group wants to work closely with Parker in the search for alternatives to incinera tion The group hopes that whatev er Parker comes up with can be used at all chemical-weapons sites. At the same time, the Chemical Weapons Working Group is fight ing to close one incinerator operat ing in the Utah desert and trying to stop construction of four others. He declined yesterday to specu-j late on how long the program" might take, but suggested it could last two to four years. It will in volve some sort of pilot destruction facility, but Parker said it has not. yet been determined whether that wilt be built at Blue Grass Army Depot or elsewhere. The Army plans had called for starting construction,on an inciner ator at Richmond- in 1998, with burning to last about 22 months TECHNOLOGY DESCRIPTIONS FOR THE ASSEMBLED CHEMICAL WEAPONS ASSESSMENT PROGRAM O ften* } WEA Technology CH2M HILL ARCTECW & ICF Katser, Inc. Bern* and Roe Foster-hita Startech General Atomics Lockheed Martin SAC Kvwmer John Brown' Fcsler Wheeler Cocporation BC co Logic Intomstc nalEl Ooreda Engineering, )nc Aerojet General Corporation itiraJs Insililie of Technology Research Parson* and Aflhod Signal Teiccfyne Commodore Mosen S Hanger Stone 4 Webster Soi/tiwesl Research Inaliate University c<Kentucky Munitions Access [ B jn r^ H ^ T rfl 1 H t? - Agent Treatment Modified reverse assembly (high-pressure wash, rrevr rocket shearing) Electrochemical oxidal'ccn using silver bhs in nitric irid a i 90*C (R iiVER II) Energetics Treatment > Treated wflti SILVER II process Metal Paris Treatment High-pressure acid wash, thermal treatment to 3X shipped to Rock Island Arsenal (RIA) w vi Dunnage Treatmenl 1 Shredded and treated wrth 1 SILVER II process Reverse asaernbty Hydrotysfa with a-HAX (humic acid and strong base, KQH) St W C Hydrolysis wtth diluta a-HAX at 80*0 Hydrolysis w *ii dilute a-HAX at 9 0 ^ Hydrolysis with dlube a-HAX at 90*C, shipped to IsndfS. Metal parts to IOC for 5X Minor modifications to reverse assembly Plasma arc In Iner argon Plasma arc In hert argon Plasma arc in Inert argon Shredded and processed In plasma arc Modified reverse assembly, cryorractura Itycfroiireli with caustic, supercritical m l er ddatlofl (SCWO) Modified revere assambty (muHpla Bnea, campad layoul, rww drain and wash) Hydrofyele vrfth causilo at SO*C.SCWO, Eco Logic gas phase chewleal reduction (GPCR) Hydrofyels wth causile, sew o Hydrolysis wilh caustic, SCWO, GPCR Hydrolysis wthcausllc, thermal treatment to SX Shredded and destroyed in SCWO Washed In caustic, treated Washed in caustic, treated In Ihermal reactor to 5X, in thermal reactor lo 5X, GPCR GCR Modified reversa assembly Oel washed and cutting) Fluid Jet cutting Remo, Infeste toes and capture residue a in SET Acareas and drain agenl Wash energetics out In j ammonia Hydrolysis w ih caustic btreatment Hydrdyate wtth caustic biotreatmeni Thermal Uwalment to 5X Thermal treatment la SX Solvated electron process achieves 99.99999%* destruction Chemical oddatton destroys Schedule 2 products Sotvated electron process achieves 69.9999916* destrucllon ;. Chemical cojdatlon ! destroys residual 1micily ol produci Wash In SET followed by oxidation beats residues end heels to 3X. Shipped to RIA for government disposai Crush or shred Charcoal, PPE, wood, (ibc-gtass Treat in SET, shipped lo landli' Destroys coTtaorinalfcn on dunnage J__________ 1fterere listed above In aipJwhiUtraj orr propose lo appfy trese Ced'dologtes to all munitions. w i5 Y5 __ . CD CO -? C-JO to W i IS i rSg0r * gs S 31 nS ft0fs1i = (0 co 3; CD a m Ss I o CO ' ii/ii'/'o" 09:37........T ............................. -- Arm y decides liot to bum nerve agent at Newport Next, th e D efense D ep artm en t m ust OK th e alternative m ethod th at th e m ilitary h as recom m ended. ----- ~------------------------------------------------ B yWGASebolNrCpToONS SBUirfttsevABUfs WASHINGTON -- A rfeclston by th e Army has nearly extinguished long-burning plana to Incinerate. Io n s of deadly VX nerve u g m l In Newport. Ind.. atate official* oald Tueoday, T he recoimyieiidatfon cam e despite A rm y officials' lobg-lreld s u p p o r t of In c in e ra tio n ft* * sa fe a n d effective m ethod of such disposal, und left environ m entalists celebrating. "If I lived tn Indiana. 1 would be Jubilant." M id . C raig W illiam s, lea d er of a K e n tu c k y -b a se d g roup that h as protested I n c i n e r a t i o n o f ------------- --------- ' ------------------------ T h e a ite rn a U ^ i DD iss pp o ss aall mm ee tthh oo dd m ethod adopted. TThheeAArrmmyyhbaasa ddeecciiddeedd ttoo neutralization and m in e raliza tio n . ddeesstrtrooyy11,3,30000tototnsOoftththee ddeeaaddlylyVvXxnneerrvveeaaggeenntt Will lam a a d d e d . Is hctler th an tnclnoration because It Is a closed sy stem 'hat d o cs, n o t cue- pose n earb y reeld e n ts to toxic by- stored at the Army muoni- litoionnssddeeppoot tInInVVeerrmmlMlWoouti CCoouunntytyppeeaarrththeeIllinmooisblilnire using neutralization sarnud mfnnoocrasUiizfatitliornL. Huermn's how (the p ro c ess works: M Tho 11--ttnopn Satleeedl tanks products. t|i c I v i n J . C arraw ay. director of the S tale Emer- that liotd the seyrupy VX oare drained. Mm T he v x is cdliTlutlfetd aend bbrrookkeenn ddoowwnn cchheemmiiccaallllyy ttoo gency M anageOicnt Agency, **-. pressed rettef at . th e A rm y's dec!- ppiio d u oe aa lliiqquuiidd.. TThhaatnlilqiquuididtaIsfufurtrhtheer r diluted with w after and mixed with oxygen:, sion. It affects the W hen the w ater is disposal ur m ore Uian 1,300 tons of Eevvaappoorated, a w ewsta* ftcecpro- ddoucceeddtthhaattAArrmtnyyoofkfikcSiaAlsls l e t h a l m a t e r i a l ccllaaiimm teIsssiimmiittarttooecdeiltt stored at th e Army m unitions depot in mhiWWhhaenn tthheepprroocceessssiks ddoonnee.,Vviaie to19o0ggaallolonnssoorrvvxx .. Verm illion C ounty I*n-, a i-ton tank hoave b een ., n e a r t h e Illin o is . . m duuoooed to ab o u t two 55- ;\ l,r,e- . , * ngatlilon drum s. "W e felt th a t th e c h a n c e s for In- --" -- ------ ------------ - J c tn n ra tto n w ere S lim m er.an d slim m er a s Itme lia r passed. It becam e m ore arid m ore obvious th at th e Incineration ques tio n w as to have a low d e ath ." said Cfttraway, coehaU 'person of the nine-m em ber InillM ia Citizen Advisory Com mission. "T h e I m p o r ta n t/h U lg to th e A rm y 's d ecisio n w s j Sou NEWPORT Pago S New po rt CfAo?n;t"i.nued from Poge 1 b p .d ,o n in p u t from th e cittscnO- tk iv s s a good sbategy lpr the A'ihTpk'iu buy lnto.T h r added i fjiftvw sy w as referring to oppo sition by residents m Vermillion ejotrnty to th e A rm y's original a a L -to construct a facility th at '.ypTitd b u rn th e -nerve ag en t -- a atibstance so lethal th a t a single drp cari kul. .That opposition turned Into a gW uridswcll last July w hen Gov. Hhliih Ryh a n d srver-ai m e m b e rs of Jv'tlana's congressional deleg*- t^on Inform ed th e Army th a t In c in eration would not be an acccpt- abjsjiptton. rjeacr a daylong m eeting tael ifggfrjrevlcwlfig recom m endations Tm.rH-Gart aw ay, th e N ational Re- sjjlitch Council und other m ilitary ortlCtAla. th e A rm y d ecid ed to adopt th e alternative m ethod of deJitroying the nerve agent called ridjitoJtrstlon and m ineralization. sqJd.M iekey Morale*, a spokesm an fOk th e A rm y, -- I (Under cu rren t law, any w aste pjrM tict deriv ed from VX Is c o n s id er fd a h a z a rd o u s w aste. A rm y offrtait? believe the m a te n o i th a t ytjl be produced b y n e u tra liz a tio n not hazardous, and they will a recla-eaincBtion. [mates said (he next step Is for Defense D epartm ent to review. rove an d fund th e A rm y's rcc- __ m en d a llo n . E stim a te s a rc th a t c^listfuctJon of facilities to destroy y x w ould coat upw ard o! 3 2 0 0 Item. M orales offered no tim e t - ; Tdr w h e n th e Defense. D e p a rl- TWould tak e action. ^ .u a l destruction of the nerve n l probably w on't begin until 2000. Congress has ordered O i l chem ical weapons be de- ` by 2004. Morales said, ough 'neutraUxatton/mltrcralt- in h a s b e e n su c c e ssfu lly te s t- " laboratory conditions, any ferrule a p p lic a tio n s o f l b e still m ust undergo rrms- rch. Morale said. Hams, director of th e C hem lci\j>onn w o rk in g G ro u p , n o nm entai organization based rx. Ky,, aid th e A rm y'* Newport shown th at the ,ry h a s a b a n d o n e d th e c n v i- itally su sp ect In c in e ratio n "organization h a s led proJ ^ n d l su in g to stop VX tlcetlon a t th e TooclC C h e m ic al SI Disposal Facility, located at Trt s ite 50 m ile* so u th w c e i o r xeCaty. jit facility h a s b e e n p lag u ed nuinerous problem s. IncUtd- k s Xnd th e recent reSIgna- ^and firings of safely persurtSlnee it b e g an b u r n in g Ms mical stockptlc on Aug. 22. jfcbe o th e r ch em ical w e a p o n Ingg^ltlon a ile is a t J o h n s to n p llr ab o u t 700 mile an u th w est -lawau. 2J 0 0 7 # /z> R ece ive d: 1 2 /1 // 9 7 ; 2:56PM ; 12-17-1997 3:01 PM 606 966 2695 -> Richard E Condit; FRT' CWWG 606 986 2695 #15 . - :> i s p i i i y m p p i p i (iia n i H 'J P. 15 c_. Atl)o.yrmdbeyosiOltirnoKgys;ciuphriexomipuoigcsaall Ii Victor}' for residents Aberdeen'sstockpile of mustard gent was to be incinerated By Tom Bowmah 5VI<TArr V- Sonic 1,600 tons of dan-i gerous m ustard agent stored at Abeixiecn Proving Oround are expected to be destroyed by a m ethod favored by rest dentsi boUed <md mixed with sludge until the blister agent turns into a byproduct less toxic than beer. Army' officials are backing this process, known as neu tralization-biodegradation, over an an Incineration op tlon they favor. But Aber deen-oren residents fear in cineration poses Jong-term health and safety risks. "It's th e Army'8 position to neutralize and biode grade," said Mickey Morales, a spokesm an for Aberdeen's Ad stockpile disposal program. `T h e Army h a s settled on this process and stopped the funding for incineration." Morales -aid a team of Ar- -rny officials endorsed the process, with dnal approval ' expected within the. next week by Paul G. Kaminski, an undersecretary of de fense. Army officials could not be reached for comment last night. The proposal calls for the destruction of only those chemical, ag en ts already stored a t Aberdeen. No oth er agents would be shipped ^ ln from o th er facilities. Meanwhile, these same Army officials also have Tcrftppea plans to Incinerate tonsHTnerve agent stored at ~a depot in Newport, triT. fiacldng ft durrent neurailzntion process th a t will turn the re- (See Aberdeen. 10a ] lAberCiccu.from Vaqc 1a ) suiting effluent lato mineralized sails. Morales said Destruction Ofthe aging chemi cal stockpile at Aberdeen is still year? away. After securing the neccssaiy state and federal per m its and cujtipleUng 'air environ m ental Impact statement, plans call for a series of buildings -- In which the m ustard 8gent will be destroyed ~ to be constructed a) a. rem ote site near the Cush Hiver. UtiUding to start in 1990 Morales said constmotion of th e .buildings, totaling 130,000 square feet, would begin In 1099 end reach completion In 2002. A yearlong pilot project would then begin and alt the m ustard agent would be destroyed by 2004. Under the process, the m us ta rd agent Is neutralised by acld- .tigf'TvTF Ing U to a reactor containing neAr- bolhng water; thalmlxlure Is (.hen mixed with sewer sludge from the Back River wastewater deal rweni plant for blodegiedition. In September, National Rr-j search Council sc;cal ific panel en dorsed the nculrflzitlion-blixlrg. nutation process Ihc M-membcr panel decided afterevaluating five technologies thatronlil be alter natives to inclncrfiion. "Only nentraHiaUou tcchmiiu glcs have been usto<! on n hvigcj scale to destroy cicmical-agents," said Richard Magic, executive di rector of the O d er for Knviron mental Euginecrhg and Science] at New Jersey Institute of Tech-j nology In Newnrk.who chaired the i panel "The processes ate simple1 and safe and t(r systems also > meet the technofrgy rrilerin e x -^ pressed oy JUzins Ip the sur- ] founding comnmtj lies." ,* . "Neutralizatloi seems to he a .1 simple process tbit, a lot. of people can undot stand,! said John K Nunn ill, chairmiii or a citizens' advisory cpmmls.lon on chemical weapons disposal after th at an nouncement. Nuln's p a n e l' has recommended slnm JCg3 th a t the Army pursue th< ueutralfzoUon technique, which Ic sold results in an end product 'five times less i toxic than beer." O rders from Cm gress Although tire Amy says Incur erntlon is a safe nulhod to destroy the chemical wetpons a t Aber deen Rad seven otter sites around the country. Congnss ordered the Pentagon to look lito alternative technologies to deitroy the stock pile --some datlngto World-War I ~ by a 2004 deadlirr. AKemotlvc- niOliods of struction also are being consulered for chemical veahons facTllUes in Colorado md Kentucky. But those stockpl! stored at faclHUes In Alabanu Oregon and Arkansas are all sided to be de stroyed by Incinerate. So far,, the Arny has begun some Incineration of chemical agents and wcapois at Johnston Atoll hr the Pacift and Tooele. Utah. These fndllics have dis posed more than 2 ulllion pounds of, chemical wafare agents through inclneratloi. according to the Army. But Inst month, n farmer top executive at the To>eIe plant said the Army Incinemhr was riddled y with safety defects ind was oner- > ated by managers who were no', qualified to recognln those risks The Army said itwas beginnln& a safety evaluation of the plant and Utah officials sdd they would look into the allegattms. Days arter the Coocl? facility began opcrstlngin Ajgnst. the Ar my was forced to slut, down the plant after nerve afent was de tected in portions <Xthe plaht s ventilation system that were su p posed to be free of prison gas. Ar my officials later sad that r> seal on a ventilation purification chamber needed lobe Unproved but no nerve gas bar escaped Into the environment. ' 5'6<.aJ . A a JLTi /nO&'t UNI'. .'A T E S E N V I R O N M E N T A L P R O T E C ; 3ENCY JUL 2 9 . 3 M elissa Tuckey C hem ical W eapons W 'orking G roup P.O. Box 467 Berea, K entucky 40403 Re: D e n ia l o f R e q u e s t for G o o d C a u se W a iv e r o f 18 0 -d a y D e a d lin e fo r F ilin g T itle VI A dm inistrative C om plaints (E PA File No. 15R -97-R 4) D ear Ms. Tuckey: 1 am w riting in response to yo u r January' 26, 1998, letter requesting that the O ffice o f Civil R ights (O C R ) grant a good cause w aiver from the 180-day tim e lim it for filing a Title VI adm inistrative com plaint. As you know , O C R rejected your com plaint January 22, 1998, because it w as filed 186 days after the alleged discrim inatory act (issuance o f an air perm it for the U .S. A rm y 's A n n isto n ch em ical w eap o n s in cin erato r by the A lab am a D ep artm en t o f E nvironm ental M anagem ent). B ased on the inform ation and circum stances outlined in your January 26, 1998, letter, O C R is den y in g your request for a good cause w aiver. U n d er E P A 's T itle VI re g u la tio n s. E P A m ay g ran t a w aiv er o f th e 180-day tim e lim it for g o o d cau se. 4 0 C .F .R . 7 .1 2 0 (b )(2 ) (1 9 9 8 ). E P A 's Interim Guidance fo r Investigating Title VI Administrative Complaints Challenging Permits (Interim G u id an ce) in d icates th at w aiv ers w ill be granted on a case-by-case basis. O C R does not believe that the adm inistrative m ix up on the part o f the C h em ical W 'eapons W o rk in g G roup (CWAVG) co n stitu te su fficien t g rounds to grant a good cause w aiver in this case. G ranting a good cause w aiver on such grounds w ould render E P A 's 180-day filin g d ea d lin e m ean in g less. E P A 's Interim G uidance also provides that "it is appropriate to consider in m aking a good cause determ ination a co m p lain an t's pursuit o f its T itle VI concerns through the recip ien t's adm inistrative appeal process." O C R staff has review ed the appeal subm itted by C W W G and has determ ined that the appeal does not raise Title VI concerns. Therefore, O C R can not grant a M .M attheisen/m dm :1201:260-4587/07-28-98/anniston good cause w aiver on the ground that C W W G pursued its T itle VI concerns through A D E M 's adm inistrative appeal process. If you have any questions, please contact M ike M attheisen on m y staff at 202-260-4587. S in c e re ly , Ann E. Goode D irector cc: Jam es W. W arr, D irector A labam a D epartm ent o f Environm ental M anagem ent Elizabeth B artlett EPA R egion 4 Rafael D eLeon O ffice o f G eneral Counsel Robert Knox O ffice o f Environm ental Justice A nniston A rm y Depot Attn: Ron G rant D irector o f R isk M anagem ent SIO A N -RK -E 7 Frankford A venue A nniston, A labam a 36201-4199 Cm dr. A nniston Arm y Depot Attn: Legal O ffice 7 Frankford Ave. Bldg. 220 A nniston, A labam a 36201-5005 PM for C hem ical D em ilitarization Attn: SFA E-C D -Z (M r. Jam es B acon) 5179 H oadley R oad A PG -EA , M aryland 21010-5401 Chemical Weapons Working Group P.O. Box 467; Berea, KY 40403 606-986-0868 Carol Browner, Administrator Environmental Protection Agency 401 M Street SW Washington, D.C. 20460 / S" R~ December 15,1997 Dear Carol Browner: We write in support of the citizens of Calhoun County, Alabama in their environmental justice complaint against the chemical weapons incinerator in Anniston. The proposed facility will be an unnecessary health and safety hazard for people of color and low income in a community with a long history of environmental abuse. There are safer disposal technologies available. We ask that you fulfill President Clinton's Executive Order on Environmental Justice by requiring Alabama regulators to implement safer technologies. - Citizens of Anniston and surrounding communities have already suffered more than their share of toxic pollution.'The Army's toxic release inventory ranks the Anniston Army Depot second in the nation for emitting over 581, 000 pounds of toxic chemicals in 1994 alone. The African-American communities of Cobbtown and Sweet Valley have sued Monsanto for PCB-poisoning. Their toxic neighborhoods were bulldozed in 1997. The residents who were evacuated have high levels of PCBs in their blood. Additional PCBs, along with nerve agent, dioxin, heavy metals and other unknown and unanalyzed chemicals, will be emitted from the smokestacks of the proposed incinerator. There has been no assessment of the impact of releasing these additional chemicals on the health of those who have already been exposed to toxic chemicals. Nor has there been an assessment of the increased burden on people of low income who may not have access to adequate health care and nutrition or who may work in toxic environments. Moreover, no adequate assessment of the impact of chemical emissions has been done for the most vulnerable population of all~the infants and children in Anniston. . If there were to be an accident at the proposed Anniston chemical weapons incinerator, African-American and low-income populations who live closest to the depot would suffer the most. Emergency preparedness plans do not provide full protection if an incinerator accident involving nerve agent were to occur. There are safer disposal technologies available! The Army has abandoned chemical weapons incineration plans in Maryland and Indiana in favor of safer technologies. Last year, President Clinton vowed to make alternative technologies the "highest priority" in the chemical weapon disposal program and Congress placed a moratorium on incineration in Kentucky and Colorado until safer technologies can be considered. Unfortunately, as alternatives move forward, so does a pattern of discrimination. We ask that you intervene to ensure that alternative technologies are equally available to all communities regardless of race, income, or national origin. Sincerely, Jacksonville, AL Anniston, AL Alabama Sierra Club Birmingham, AL Chemical Weapons Working Group (CWWG) Melissa Tuckey Berea, KY Sweet Valley/Cobbtown Environmental Justice Task Force Anniston, AL Burnbusters Jacksonville, AL Jacksonville, AL Families Against Nerve Gas Incineration Anniston, AL Alabama Environmental Council Birmingham, AL Project Awake Coatopa, AL Acmar Moody Environmental Justice Society Moody, AL Tuscaloosa, AL WE CAN York, AL Alaska Community Action on Toxics Anchorage, AK Arkansas Public Policy Panel Little Rock, AR Pine Bluff for Safe Disposal Pine Bluff, AR Presbyterians for Restoring Creation Phoenix, AZ Desert Citizens Against Pollution Lancaster, CA Palo Alto, CA California Communities Against Toxics Rosamond, CA San Francisco, CA Pacific Studies Center San Francisco, CA Boulder, CO Worldworks I Broomfield, CO Group Chair Sangre De Cristo Sierra Club Westcliffe, CO Gulf War Veterans of Delaware Wilmington, DE Washington, DC Washington, DC Washington, DC Richard Condit, Esq. Washington, DC Washington, DC Friends of the Earth Washington, DC Vietnam Veterans of America Foundation Washington, DC ' Greenpeace Washington, DC Physicians For Social Responsibility Washington, DC Gulf War Research Foundation Washington, DC Presbyterians for Restoring Creation Orlando, FL The Concerned Citizens League of America Florida Project South: Institute for the Elimination of Poverty and Genocide Atlanta, GA Clark Atlanta University Atlanta, GA Environmental Justice Project Southern Organizing Commitee Atlanta, GA North Georgia Afro-American Environmental Justice Action Network Atlanta, GA National Gulf War Resource Center Atlanta, GA Save the People Brunswick, GA African American Environmental Action Network Pacific Asian Council of Indigenous People Wainae, HI Carbondale, IL Citizens Against Incineration at Newport Newport, IN Newport Study Group Newport, IN Iowa City, LA Baton Rouge, LA Baton Rouge, LA North Baton Rouge Environmental Association Baton Rouge, LA St. James Citizens for Jobs and the Environment Convent, LA Military Toxics Project Norway, ME Environmental Research Foundation Annapolis, MD : Aberdeen Proving Ground Superfund-Citizen's Coalition Aberdeen, MD Coalition for Safe Disposal Worton, MD President Maryland Conservation Council Mariotsville, MD Healthcare Without Harm Jamaica Plains, MA Public Policy Communications Boston, MA National Citizens' Alliance Huron Environmental Activist League Ossineke, MI Indigenous Environmnetal Network Minneapolis, MN 2020 Network, Inc. Waveland, MS Dioxin Incineration Response Group Eureka, MO Co-founder Times Beach Action Group St. Louis, MO N ew Jersey Environmental Justice Network Asbury Park, NJ Waste Not Canton, NY Editors CEC International N ew York, NY Cherokee Defense League Cherokee, NC Durham, NC Warrenton, NC Windsor, ND Save Our County, Inc. East Liverpool, OH Hermiston, OR Oregon Clearinghouse for Pollution Reduction Portland, OR Arrest the Incineration Remediation (AIR) Lockhaven, PA Philadelphia, PA South Carolina Environmental Watch Gadsen, SC ' Chattanoga, TN Defense Depot Memphis Tennessee-CCC Memphis, TN Mid-South Peace and Justice Center Memphis, TN Foundation for a Compassionate Society Austin, TX West Desert HEAL Grantsville, UT Utah Sierra Club Salt Lake City, UT Families Against Incinerator Risk Salt Lake City, UT Center for Health and the Environment Falls Church, VA Appalachian Women's Alliance Floyd, VA Washington Toxics Coalition Seattle, WA Charleston, WV Citizens for Safe Water Around Badger Merrimac, WI ; UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Washington, D.C. 20460 JAN 2 2 1998 OFFICE OF CIVIL RIGHTS RETURN RECEIPT REQUESTED IN REPLY REFER TO: R obert G uild, Esq. 314 Pall M all C olum bia, South C arolina 29201 O C R File No. 1 5 R -9 7 -R 4 Re: A nniston A rm y D epot T itle VI C om plaint D ear M r. Guild: The O ffice o f Civil R ights (O C R ) has received the Title VI com plaint that Richard C ondit filed w ith the U.S. Environm ental Protection A gency (EPA ) against the A labam a D epartm ent o f Environm ental M anagem ent (A D EM ). The com plaint w as filed on behalf o f Serving A labam a's Future E nvironm ent Sierra C lub, and the C hem ical W eapons W orking G roup (C W W G ) concerning A D E M 's issuance o f a H azardous W aste Facility Perm it for a chem ical w eapons incinerator at the A nniston A rm y D epot near A nniston, A labam a. T his letter is to notify you that O C R cannot accept this com plaint for investigation. E P A 's T itle VI regulations require that a com plaint be filed w ithin 180 days o f the alleged discrim inatory act. 40 C .F.R . 7.120(b)(2). The com plaint, dated D ecem ber 18. 1997, w as received by EPA D ecem ber 22, 1997, 182 and 186 days, respectively, after A D E M issued the A nniston perm it. E P A 's T itle VI regulations, how ever, also provide that EPA m ay w aive the 180-day tim e lim it for good cause. If you w ould like to apply for a w aiver, you m ay direct y our request in OPTIONAL FORM 99 (7-90) FAX TRANSM ITTAL * of pages i X- CcnT. Chivea ! cnex' Dep* /Agency From HlUe MoJtbeyien Pho3ne0*3.-__64- 7 V 7 X Fa* # Fax # NSN 7540 01 317 7368 GENERAL SERVICES ADMINISTRATION w riting to this office. If you have any questions, please contact Sharon H olm es in O C R at this address or by phone on (202) 260-4575. S in c e re ly A nn E. Goode D irector cc: A labam a D epartm ent o f Environm ental M anagem ent O ffice o f the Executive secretariat EPA Region 4 Office o f G eneral C ounsel O ffice o f Environm ental Justice A nniston A rm y Depot