GOVERNMENT & POLICY
LAWSUIT SEEKS TO HALT CHEMICAL ARMS BURNING Groups downwind of Army's incinerators cite federal law violations, seek safer option PROGRAM THAT HAS EXPERInot be able to meet. To date, according to enced massive delays, citizen Jeff Lindblad, spokesman for the Army's outrage,risingcosts, and sev- Chemical Materials Agency "the U.S. has eral accidents now faces an- destroyed 38% of the munitions in the other hurdle. The Chemical stockpile, which accounts for 25% of the Weapons Working Group (CWWG) and total agent tonnage." In contrast, Russia, organizations representing communities with a 40,000-metric-ton stockpile, has downwind of Army facilities burning or destroyed by neutralization less than 1% slated to burn chemical weapons are suing of its chemical weapons. the U.S. government for violating the NaOnly two U.S. incinerators, one onJohntional Environmental Policy Act (NEPA). ston Atoll in the Pacific Ocean and anothThe lawsuit, filed in U.S. District Court er at Tooele, Utah, have actually destroyed for the District of Columbia on March 11, munitions and chemical agents. TheJohnis seeking to halt further spending in the ston incinerator destroyed the entire stockincineration program until the Army com- pile there and has closed down. The Tooele plies with NEPA requirements. The suit facility has destroyed all of its 6,000 tons specifically claims the Army "failed to ad- of munitionsfilledwith the nerve gas sarin. equately assess and compare the impacts About 7,600 tons of the nerve gas VX from the incineration of chemical weapons and mustard gas remains to be burned at with nonincineration alternatives." It also Tooele. However, on July 15,2002, an acalleges the Army failed to update assess- cidental release during maintenance that ments of expected impacts from the pro- exposed a worker to sarin resulted in the gram, including impacts on workers. Judge shutdown ofall incinerator operations. CorThomas Penfield Jackson, who tried the rective measures have since been taken. Microsoft case, will hear the case. The Army is aiming to restart the Tooele Under the Chemical Weapons Con- facility very soon, but the plaintiffs in the vention, the U.S. must destroy its stock- NEPA case could ask for a temporary repile of about 31,500 tons of chemical straining order. In their lawsuit, the plainweapons by April 2007, a deadline it will tiffs cite reports from federal agencies doc-
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umenting release of live agents into the environment and the exposure ofworkers to these agents. They also claim emissions fromJohnston andTooele have contained higher levels of a host of toxic compounds than are reflected in the Army's original environmental planning documents. WHEN THE ARMY decided on incineration in 1982, it envisioned incinerators at eight stockpile sites and estimated the cost at $1.7 billion. Since then, public pressure has forced it to turn to neutralization methods at Aberdeen, Md.; Newport, Ind.; Pueblo, Colo.; and Richmond, Ky, and costs have escalated to $24 billion. Neutralization, which the plaintiffs argue is a safer alternative to incineration, has not been considered for the four sites named in the lawsuit: Anniston, Ala.; Pine Bluff, Ark.; Umatilla, Ore.; and Tooele. The Alabama, Arkansas, and Oregon incinerator facilities have been built and are undergoing testing with surrogate agents. Army spokesman Greg Mahall says the U.S. has "safely destroyed 25% of the stockpile agents using incineration and believes the technology is safe." However, CWWG Executive Director Craig Williams points to the most recent worker exposure at Tooele to dispute that claim. "It's clear that disposal decisions have violated federal statutes and requirements and have allowed incineration to proceed in some communities while affording others more protective options," Williams says. If the plaintiffs prevail, all sites may have to use neutralization.—L0ISEMBER
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