COMMENTS TO THE KENTUCKY ENVIRONMENTAL AND PUBLIC PROTECTION CABINET - DIVISION OF WASTE MANAGEMENT
ON THE
CHEMICAL MUNITIONS STORAGE and
RESEARCH DEVELOPMENT AND DEMONSTRATON PERMIT FOR THE BLUE GRASS CHEMICAL AGENT-DESTRUCTION PILOT PLANT (BGCAPP)
AT THE BLUE GRASS ARMY DEPOT
(BGAD), KENTUCKY

EPA ID KY 8-213-820-105, AI 2805


SUBMITTED BY
KENTUCKY CHEMICAL DEMILITARIZATION CITIZENS ADVISORY COMMISSION

TUESDAY, AUGUST 30, 2005

















TABLE OF CONTENTS



I.      GENERAL COMMENTS        PAGE 2


II. SPECIFIC COMMENTS— GARA7 (BCAPP) Blue Grass Chem. Agent Destruction Pilot Plant:

        A.  Parts I and II                         PAGE 3
 
   
        B.   Part III                                  PAGE 6
                              
   
        C.   Appendix A                           PAGE 7
 
   
        D.   Appendix B                           PAGE 7
   
    
III.    OTHER COMMENTS              PAGE 7
       
        A. Agent Monitoring:
       
        B. Off Site Treatment of Hydrolysate
       
        C. Public Information Access
       
        D. Worker Rights
    

IV.     RECOMMENDATIONS         PAGE 8

      
V.      SIGNATURE PAGE                 PAGE 9







                                                               
I.  GENERAL COMMENTS

The Kentucky Chemical Demilitarization Citizens Advisory Commission (CAC) expresses its support for the approach being taken by the Assembled Chemical Weapons Alternatives program (ACWA), the Blue Grass Army Depot, (BGAD) and Bechtel Parsons Blue Grass (BPBG), in seeking a Research, Development and Demonstration Permit for the destruction of the chemical weapons stored in the Commonwealth.

The CAC also expresses it support for the issuance of such a permit by the Kentucky Environmental and Public Protection Cabinet’s Division of Waste Management (Cabinet) and its concurrence with the reasons listed on page 2 of the “Fact Sheet” accompanying the Draft.  

The CAC also wishes to acknowledge the Cabinet’s diligence in preparation of the current draft.

The CAC wishes to emphasize the unique circumstances associated with endorsing this action and to state unequivocally that this should not be viewed as a precedent in regards to any other hazardous waste treatment permit applications within the Commonwealth in the future.

The Chemical Weapons stored in Madison County are not only unique insofar as they are weapons of mass destruction, separating them from any and all other types of hazardous waste, but additionally, the United States is under obligation to destroy these materials in compliance with the international Chemical Weapons Convention (CWC), signed in April 1997.

The CAC also supports the modification of the current hazardous waste permit held by BGAD to include the storage of chemical munitions and related hazardous waste, based on the understanding that the storage period is finite as required in the CWC and other federal laws which specifically prohibit the importation of any additional chemical munitions and/or agents, as defined within the CWC, into the Commonwealth.

The CAC believes that the incorporation of the Compliance Schedule as a means to facilitate the expeditious execution of disposal of these materials is an appropriate and responsible approach.

Finally, the CAC recognizes and appreciates the efforts put forward by the Cabinet and the Permittee(s) in regards to public involvement in the process, the transparency and information sharing that has occurred thus far and the extra time and effort taken to inform and gather input from the CAC, the Chemical Destruction Citizens Advisory Board (CDCAB) and the general public. 
 

II.  SPECIFIC COMMENTS


A. Part I
    The CAC concurs with all sections in Part I of the Draft.

    Part II

Condition No. T-8 Waste Streams: Secondary Waste.

COMMENT:  As noted on page 3 of the accompanying Fact Sheet, secondary waste codes N001, N002, and N003 are chemical agents GB, VX and Mustard (H) respectively.  It is stated in the Fact Sheet that the identified wastes, including N001, N002, and N003 will be “disposed of off-site.”  Condition T-8 also identifies these wastes by the same codes.

The CAC is concerned that the permit will therefore allow off-site shipment of secondary waste, which may include detectible levels of these agents, and opposes any such shipment.

The CAC is concerned about the treatment of liquid effluent from the SCWO process that may contain heavy metals.  The CAC urges, in the strongest terms possible, that any liquid effluent containing heavy metals be dried on-site and the end product shipped to a permitted TSDF.

Under no circumstances should any effluent containing heavy metals be processed in a wastewater treatment facility either on or off-site. The CAC notes this is the position stated in § 11.3 of the permit application.


Condition No. T-10 Thermal Treatment:

COMMENT:  The CAC understands that the HDC has been deleted from the plant (Design Change # 2) based on the possibility of M-55 rocket separation, prior to disposal operations (Design Change # 43 A). Clarification on the HDC is sought, specifically in regards to PCB-contaminated components of the M-55 rockets.

If PCB-contaminated material is going to be processed in with the HDC or the MPT, the CAC notes the requirement of a TSCA permit.


Condition No. T-11 Stack Emission Limits:

COMMENT:  § (1) In regards to the conditions use of the terms “confirmed” and “detectable” regarding agent emissions, the CAC is concerned with both the process used by the Army in designating any release as “confirmed” and requests the Cabinet to investigate and make an independent determination as to the adequacy of the confirmation process as part of its duties to protect the public.

In regards to the levels currently “detectable” the CAC is concerned with the state of the monitoring equipment currently used, and planning to be used, in the BGAD CLA and at the BGCAPP.  A more detailed explanation of these concerns are contained in section III “Other Comments – Monitoring Equipment and Capability” below.

§ (2) The CAC notes the reference to “Monitoring Plan” being listed in the Compliance Schedule, Appendix B.  However there is no such Monitoring Plan section contained the Compliance Schedule, Appendix B.  The CAC requests this requirement be added to the Compliance Schedule.

The CAC also seeks a copy of the Monitoring Plan referenced in this section once it is submitted to the Cabinet.  The CAC is concerned with the state of the monitoring equipment currently used, and planning to be used, in the BGAD CLA and at the BGCAPP.

   
Condition No. T-13 Community Emergency Preparedness:
 
COMMENT:  The CAC notes that KRS 224.50-130 (3) (c) provides for, in addition to “the capability of removing individuals from the largest area at risk from a worst-case release,” the option of “[o]r otherwise mitigating exposure for all individuals that might be exposed to releases from the facility.”

The CAC would recommend this language be inserted in condition T-13 to provide consistency between the permit condition and the KRS.


Condition No. T-16 Waste Analysis Plan:

COMMENT: The CAC questions why the Waste Analysis Plan, required via the Compliance Plan, Appendix B, states that the “analytical procedures, including QA/QC” would direct such a plan “not to include the target release levels.”

The CAC believes such procedures should include target release levels. The CAC wishes to be provided the Waste Analysis Plan upon its being submitted to the Cabinet.


Condition No. T-22 Job Description and Training:

COMMENT: § (b] The CAC requests the following be added to § (b), “and only those individuals demonstrating the proper qualifications, or being able to receive the proper training to be qualified in time to assume their responsibilities as identified in the job description, be assigned to each position.”


Condition No. T-24   General Requirements for Ignitable, Reactive, or Incompatible Wastes.

COMMENT:  The CAC questions the ability of the Rocket Shear Machine (RSM) (Appendix A #18) to meet this condition, given the recent events at UMCDF and PBCDF. 

The CAC recommends consideration of an alternative method for accessing various components of the M-55 rocket for disposal.  This comment assumes Design Change 43(b) is not executed against.


Condition No. T-37 Contingency Plan and Emergency Response: Evaluating Release.

COMMENT:  The CAC believes that the current monitoring equipment is incapable of meeting this permit condition.  The CAC is concerned with the state of the monitoring equipment currently used, and planning to be used, in the BGAD CLA and at the BGCAPP.
   
A more detailed explanation of these concerns are contained in section III “Other Comments – Monitoring Equipment and Capability” below.


Condition No. T-39 Contingency Plan and Emergency Response: Notify Off-Post Emergency Responders.

COMMENT:  § (1) The CAC believes that the current monitoring equipment is incapable of meeting this permit condition and that the Emergency Coordinator will not be able to “determine that the facility has had a release” at levels “which could threaten human health or the environment outside the facility” depending on such monitors.

The CAC is concerned with the state of the monitoring equipment currently used, and planning to be used, in the BGAD CLA and at the BGCAPP.
   
A more detailed explanation of these concerns are contained in section III “Other Comments – Monitoring Equipment and Capability” below.


Condition No. T-47 Manifest System: General Requirements.

COMMENT:  The CAC recommends that the following be inserted into T-47.

§ (2) Any facility identified as permitted and contracted to receive and handle the waste described in the manifest shall be made known to the public.
   
§ (3) any alternative facility designated on the manifest shall be identified to the public.

§ (4) The Permittee shall not have the authority to “designate another facility” to receive hazardous waste from BGCAPP that is not on the original manifest.


Condition No. T-51 Record-keeping and Reporting: Operating Record.

COMMENT:  The CAC recommends that as part of the permit conditions all BGCAPP operating records as identified in T-51 be posted on the ACWA web site in a timely fashion (i.e., within 24 hours).

Additionally, the CAC requests that additional information, as identified in section III “Other Matters – Information Sharing” be posted on the ACWA web site in the time frames identified.
         

Condition No. T-53 Record-keeping and Reporting: Annual Report.

COMMENT: The CAC recommends that as part of the permit conditions the Hazardous Waste Annual Report be provided to the CAC at the same time it is provided to the Cabinet. The Annual Report should also be placed in the appropriate repositories throughout the Commonwealth (i.e. Public Libraries).


Condition No. T-55 Record keeping and Reporting:  Additional Reports.

COMMENT:  The CAC recommends that as part of the permit conditions the Additional Reports, identified in this section, be provided to the CAC at the same time they are provided to the Cabinet. The Additional Reports should also be posted on the ACWA web site in a timely manner after submission to the Cabinet (i.e., within 24 hours).


Condition No. T-64 Management of Hazardous Waste in Containers: Capacity.

COMMENT: The CAC seeks an explanation as to the volume noted in Appendix C, #16 (3,210,000 gallons) for the storage of Hydrolysate at the BGCAPP.
   
The CAC notes that the Newport, Indiana disposal plant contains 1,269 tons of chemical agents slated for neutralization, with a predicted on-site storage or off-site shipment of approximately 4,000,000 gallons of Hydrolysate.

The BGCAPP will treat approximately 523 tons of agents, which by ratio would produce approximately 1,665,605 gallons of hydrolysate.  The capacity noted in Appendix C is almost double for BGCAPP than that at Newport.  What is the basis for arriving at this capacity? 


B.  Part III

Condition No. T- 106 Definitions: “Facility.”


COMMENT: The CAC notes this condition may be modified in connection with Design Change #25, and supports this proposed change.


Condition No. T- 113 Duties and Requirements: Duty to Reapply

COMMENT: The CAC requests clarification in regards to the reapplication process for the RD&D permit. Regarding the Storage permit, it is clear its expiration date is 30 September 2104.  However, the RD&D permit is “only for nerve agent GB.” 

Subsequent to the end of the GB campaign (180 days prior, according to T-113 (2)) the Permittee shall submit a renewal application. 
   
Please address the following questions in the response to comments:

1) Can the Permittee submit a series of renewal applications for additional time within the initial RD&D permit for the VX and H campaigns?
 
2) If not, will a separate RD&D permit be required for each campaign? Or;
 
3) Will the Cabinet require a Part B RCRA permit for the VX and H campaigns?


Condition No. T- 118 Duties and Requirements: Duty to Allow Entry and Inspection.

COMMENT:  The CAC understands that at other chemical disposal facilities, the state regulatory authority has a constant presence during agent operations.  The CAC recommends the Cabinet to adopt this posture in regards to oversight at the BGCAPP.


Condition No. T- 125 Duties and Requirements: Immediate Notification

COMMENT:  § (2) (b) The CAC believes that the current monitoring equipment is incapable of meeting this permit condition. The CAC is concerned with the state of the monitoring equipment currently used, and planning to be used, in the BGAD CLA and at the BGCAPP.
   
A more detailed explanation of these concerns are contained in section III “Other Comments – Monitoring Equipment and Capability” below.


Condition No. T- 128 Duties and Requirements: Duty to Report Non-Compliance Not Previously Reported.

COMMENT:  The CAC recommends a specific time frame for reporting such Non-Compliances from the time of their discovery by the Permittee be incorporated in this condition. Any such reports should also be posted on the ACWA web site within 24 hours of submission to the Cabinet.


C. Appendix A  “Hazardous Waste Management Units”
 
 COMMENT:  The CAC recognizes that the ongoing Design Change Process has, and may continue to, modify the Units listed in Appendix A (i.e.: #’s 21 and 28).  Updated lists of Hazardous Waste Management Units should be provided in a timely fashion following such changes.
 
 
D. Appendix B  “Compliance Schedule”

COMMENT:  The CAC, with the few exceptions noted above (i.e.: Monitoring Plan omission), endorses and supports the items and timeframes noted in the Compliance Schedule and feels the Cabinet did a through job in ensuring proper oversight of the BGCAPP path forward.


III.  OTHER COMMENTS 

A. Agent Monitoring

COMMENT: The CAC notes the long and thus far unproductive discussion between the government and the public regarding the need within the chemical weapons disposal program for deployment of upgraded and advanced agent monitoring systems.

In that regard, the CAC has attached several documents associated with this need from citizens groups, the United States Congress and the National Research Council. (Appendix A)

The CAC urges, in the strongest terms possible, the Cabinet to include within its Storage and RD&D permit, specific requirements for advanced monitoring capabilities as a condition of issuance of such permits.  The CAC believes this requirement can be reasonably included in the Compliance Schedule and urges a time frame of deployment of not more than one year from the date of issuance for such action to be taken.   


B.  Off Site Treatment of Hydrolysate

COMMENT: The CAC wishes to differentiate between its prior concurrence with Design Change # 35, Off-site Shipment of Wood Dunnage and other secondary wastes, and its strong opposition to Design Change # 34, Off-site Shipment of Hydrolysate. Any inference drawn from the comments contained herein and the CAC’s endorsement of off site shipment of hydrolysate is in error. The CAC unequivocally opposes such action.

Additionally, the CAC recommends all brines be dried on-site to reduce the amount of liquid waste leaving BGAD.
       

C.  Public Information Access

COMMENT: The CAC believes that continued information sharing with the public is critical to timely and safe execution of the disposal mission.  In that regard, the CAC has attached a list of specific information it believes should be provided to the public and the time frames within which it should be provided. (Appendix B)

Recognizing that every aspect of the BGCAPP will be recorded on computer, the CAC does not believe including such information sharing by the Permittee's creates an undue burden. Thus, the CAC recommends the Cabinet include such conditions in the RD&D permit.


D.  Workers Rights
       
COMMENT: The CAC appreciates the significant difference in the way ACWA and the BPBG team has dealt with the disposal program at BGAD and other management styles at other de-mil sites.
   
Nevertheless, there has been an unmistakable atmosphere of apprehension on behalf of the work force at other disposal facilities regarding their willingness to report safety and compliance matters to their superiors and/or the public.

In order to assist in preventing such a situation from emerging at the BGCAPP, the CAC recommends the Cabinet incorporate specific language in the Storage and RD&D permit(s) that will increase the confidence of the work force that such actions will not only be tolerated, but also expected.  Apprehension on the part of the work force due to threats of termination, demotion or any form or retaliation is unacceptable.

In that regard, the CAC has attached information it believes should provide guidance to the Cabinet in formulating specific conditions to be incorporated into both permits (Appendix C).

The CAC would like an opportunity to review and comment on such conditions prior to their being incorporated into the permits.


IV.  RECOMMENDATIONS   

The CAC, with consideration given to the above comments, supports the Cabinet in its issuance of the BGAD Storage and RD&D Permit.


 

V.  Signature Page



Submitted August 30, 2005 by


The Kentucky Chemical Demilitarization Citizens Advisory Board


--------------------

___________________________________________

Douglas Hindman, Chair
105 Fifth Street
Richmond, KY 40475
Douglas.Hindman@eku.edu








 Appendix A

I) NRC Recommendations for deploying advanced monitoring technologies 

(A) The Army’s Chemical Agent Monitoring Program & the National Research Council  (NRC)

1. Review of Monitoring Activities Within the Army Chemical Stockpile Disposal Program, 1994.

“General Recommendations,” p. 3
    The major finding of the committee is that the monitoring system currently in use at JACADS should be improved prior to employment at sites in the continental United States.
   
“General Recommendations,” p. 4
    1. The Army should initiate a substantial program to upgrade the monitoring systems for continental U.S. sites.
    3.  The Army should undertake whatever instrument development is necessary to ensure that improved instrumentation is available to the chemical disposal program is suitably rugged and operational forms.
    4. The Army should test and use new monitoring instrumentation at JACADS before such instrumentation is employed at Tooele.

“Executive Summary,” p. 5 • Reduce the time required for confirmation of false positives.
    Retrieval and laboratory analysis of DAAMS sample tubes are required to confirm ACAMS alarms.  Manual transport and analysis time lead to delays of 15 to 20 minutes.  The response time of present ACAMS instrumentation is longer when operated at increasing levels of sensitivity.

“The Importance of Monitoring” p.12
    The public is justifiably concerned with demilitarization operations like those at JACADS, A disposal facility, if operated close to a civilian population area, will likely require more stringent monitoring standards to ensure acceptance by, and protection of, the public.

“Agent Monitoring,” p. 24
    The ACAMS and DAAMS are able to detect agents at the levels required by regulations, but that alone does not ensure safety.

“ACAMS Experience,” p. 25  • Response Time
    The relatively slow response of the ACAMS means that, in the event of a sudden release of agent, plant workers and the local population might be exposed to a concentration of agent above acceptable levels.

“DAAMS Experience,” p. 27 • Response Time
    The sampling of the DAAMS range from one hour when detecting in the exhaust stacks, to eight hours when monitoring plant work areas, and twelve hours at the site perimeter.  These times do not include analysis time.  The response time of DAAMS confirmation of ACAMS alarms requires about 15 to 20 minutes for sample tube collection, transportation to the laboratory, and analysis.
(1)

“Opportunities for Improvements...,” p. 30
    State- of- the- art analytical methods are available that are more sensitive (by a factor of 1,000 or more) than the Automated Chemical Agent Monitoring System (ACAMS) and the Depot Area Air Monitoring System (DAAMS) at the Johnson Atoll Chemical Agent Disposal System (JACADS).

 “Opportunities for Improvements...,” p. 31
    Remote sensing or point source sampling, employing infrared spectroscopy techniques, could be used to provide more rapid agent detection in plant work areas.  The instruments could operate continuously and have a response time on the order of 10 seconds or less.

“Opportunities for Improvements...,” p. 32
    Research being performed at the U.S. Army Edgewood Research, Development and Engineering Center, Aberdeen Proving Ground, Maryland, has addressed the use of Fourier Transform Infrared Spectroscopy sensing for detection of chemical agents on battlefields and for detecting leaks from the stockpiles.

“Findings and Recommendations,” p. 39
Alternative monitoring technologies should be explored.  Long-path optical measurements of vapor concentrations in air allow large volumes to be probed continuously with rapid response (seconds rather than several minutes for ACAMS).  The benefits of such remote sensing ...are that it provides earlier warning and broader area coverage.

2. Recommendations for the Disposal of Chemical Agents and Munitions. 1994

“Agent Monitoring Systems,” p. 93
    The ACAMS generates frequent false alarms because it cannot adequately differentiate agent from other commonly encountered organic contaminants.... Further, when an alarm sounds, the retrieval and laboratory analysis of the DAAMS collection tubes to verify conditions typically require half an hour or more.

3.  Evaluation of the JACADS OVT: Part II, 1994.

“Findings and Recommendations,” p. 64
The current ACAMS...are able to detect only one agent at a time and, for major releases, may have a sampling time that is longer than required for timely response.  Additional and alternative instrumentation appears to have the potential to minimize these problems.

“Findings and Recommendations,” p. 67
    The Tooele systemization program...should be used to conduct the following activities:  1.  Develop and demonstrate an improved agent monitoring and identification system.


4.  Review of Systemization of TOCDF, 1996

“General Recommendations for Agent/Nonagent Monitoring,” p. 22
    ...[A]dditional research and development either by the Army’s laboratory programs or by
(2)

    Outside contractors, has not been initiated yet so that additional technologies that might provide longer term upgrades in monitoring capabilities can be tested and promoted...a significant reduction of the time required to confirm ACAMS alarms would require development and deployment of a rapid, species-specific alarm system alongside each ACAMS.  At present, the Army has not yet identified monitoring technology to fulfill this function.

 “Specific Recommendations for Agent/Nonagent Monitoring,” p. 23
    A more species-specific alarm to complement the current ACAMS system needs to be developed for both general plant and stack monitoring.

“Specific Recommendations for Agent/Nonagent Monitoring,” p. 24
    Both the Stockpile Committee and the Army recognize that new monitoring technology will be required to reduce the desired response times to a few seconds, rather than the few minutes possible with staggered ACAMS.  The Army has contracted for the development and demonstration of a Fourier Transform Infrared (FTIR) multipass absorption technique, which should be capable of real-time (> 1 second) detection of high agent release levels.

“Responses to Monitoring Report Recommendations,” p. 73
    The Stockpile committee continues to believe that the Army should investigate new monitoring technologies with the intent of continual improvement.

    Reduce the time for confirmation of false positives.  Current Status:  This requirement has not been met.  ACAMS alarms still require the laboratory analysis of DAAMS samples to confirm false positives.  A single false positive requires the shutdown of agent operations, but does not by itself initiate the response appropriate for a major agent release.  False positive signals result in plant disruptions and the potential for increased human error and equipment degradation.


5.  Occupational Health and Workplace Monitoring at Chemical Agent Disposal Facilities, 2001

“Executive Summary,” p. 2

    [R]ecent advances in monitoring technology could reduce false alarm rates and decrease response times.  Therefore the committee recommends that the Army continue to evaluate potential improvements.  The committee also identifies weaknesses in the monitoring of EA-2192, an agent breakdown product, and in the rapid quantification of contamination by agent and agent breakdown products on surfaces and in liquid and solid materials.

“Findings and Recommendations,” p. 29
    Finding 2a.  Current workplace monitoring systems for chemical agents are generally adequate for normal operations but may have serious deficiencies during accidents or departures from nominal operating conditions.  Potential employee exposures as a result of process upsets and/or accidents can be detected by existing monitoring systems, but not in real time.

    Finding 2c. Advances in monitoring technology could reduce response times and/or false positive alarm rates....This could reduce the risk of worker exposure during both disposal and closure operations.
   
    Recommendation 2a.  The Army should continue to pursue improvements in airborne agent monitoring, including improved ACAMS technology (for multi-agent monitoring and lower false alarm rates), and in methods for identifying interferents that cause false alarms.  It should also pursue new analytical techniques that could lead to real-time agent detection.

6.  Evaluation of Chemical Events at Army Chemical Agent Disposal Facilities   2002
 
“Findings and Recommendations,” p. 52

    Finding 6a.  Relatively frequent false positive ACAMS alarms for airborne agent and the lack of true real-time (<10 s) monitoring for airborne agent have long been a concern of [NRC] committees assessing and examining the chemical demilitarization program.  Improvements in the sensitivity, specificity, and time response of the ACAMS system and the development of an additional airborne-agent monitoring technology robust at the parts-per-trillion level have previously been recommended...Although [PMCD] has made some efforts to develop better agent-monitoring technology, results to date have been disappointing.

    Recommendation 6a.  To reduce the rate of false positive alarms for both airborne and condensed-materials agent contamination, [PMCD] and the relevant [DoD] research and development agencies...should invigorate and coordinate efforts to develop chemical agent monitors with improved sensitivity, specificity, and time response.
   
7.  Monitoring at Chemical Agent Disposal Facilities    2005

“Findings and Recommendations,” p.123

    Finding 5-1. Conversely, FT-IR spectrometry may play an important role in monitoring accidental releases of chemical agents in locations very close to where the agents are stored or incinerated and where the concentration may exceed 0.05 mg m –3.  Detecting a catastrophic release within a minute of the event would allow suitable action to be taken.

    Finding 5-5.  Chemical sensors have the potential to be useful for making rapid measurements at IDLH levels and above, such as for events including spills and leaks.

Compiled by the Chemical Weapons Working Group - May 20, 2003
Amended August 30, 2005
For additional information contact:  859-986-7565


A) Asserting the Need for Improved Airborne Chemical Agent
Monitoring Systems at U.S. Chemical Weapons Stockpile Sites

Compiled by:
Chemical Weapons Working Group
PO Box 467 Berea, KY  40403
Phone: (859) 986-7565   
Fax:  (859) 986-2695  
Web:  http://www.cwwg.org

April 2004


Introduction

Hundreds of thousands of U.S. citizens live within harmful range of old stockpiles of chemical weapons, stored or being destroyed on eight military bases in Utah, Oregon, Colorado, Kentucky, Alabama, Arkansas, Indiana and Maryland.  The chemical weapons are filled with lethal nerve agents VX and GB, and mustard, or blistering, agents. 

As the weapons are destroyed -- whether by incineration or non-incineration methods -- one of the basic means of ensuring the well-being of citizens living nearby these stockpiles is to monitor for the release of chemical agents as completely, accurately and quickly as possible.

However the Army’s current monitoring system is woefully inadequate, particularly at its incinerator sites, where chemical agent can be released along with tons of daily gaseous emissions through smokestacks.  Chemical agents can also be released from places other than incinerator smokestacks, including ash bins; from rooms that are not sealed; and during movement of weapons from storage igloos to the disposal facility.

This primer will clarify the inadequacies of existing monitoring systems, and the benefits that additional airborne chemical agent monitors offer.


I.  Existing chemical agent monitoring systems

The Army relies primarily on two monitoring systems at its chemical weapons stockpile sites to sample the air for mustard and nerve agents:  Agent Continuous Air Monitoring Systems (ACAMS) and Depot Area Air Monitoring Systems (DAAMS).  A third set of monitors called the MINICAMS (Mini Chemical Agent Monitoring Systems) are not typically used around chemical weapons disposal facilities.

Both ACAMS and DAAMS monitors are positioned throughout chemical weapons disposal facilities, including in the smokestacks of incinerators.  ACAMS are very sensitive and can detect even trace levels of chemical agents.  ACAMS are connected to an alarm system, which sounds as soon as chemical agent is detected.  DAAMS are not connected to alarm systems.  Rather, DAAMS tubes collect air samples and are used to confirm readings from ACAMS.

DAAMS stations are also positioned outside of the facilities, on depot property. 

Though the sensitivity of the ACAMS is definitely a plus, there are frequent “false positive” readings.  That is, when an ACAMS alarm sounds, it may be because of chemical agent but it may also have resulted from some other industrial chemical or interferent.  In fact, the Army has said it is common to have as many as 5000 such alarms every month.  Such a high number of false readings can lead to a “cry wolf” situation in which workers begin to disregard ACAMS alarms.

Since ACAMS can only be calibrated to monitor one type of chemical agent at a time, they do not fully identify chemical emissions.  For example, an incident on March 30, 1998 at the Tooele, Utah incinerator resulted in the release of some unidentified compounds at a very high concentration.  The Army has insisted that the release was not chemical agent, however they cannot say what it was, or what the environmental or health impacts of the release may have been.

The effectiveness of DAAMS tubes outside chemical weapons disposal facilities is extremely limited. The sporadic placement of DAAMS stations means that a plume of chemical agent could be missed. 
There are no alarms associated with these monitors, and DAAMS tubes outside of the facilities are collected every 8 - 12 hours.  In February 2004 in Anniston, Alabama, a routine pull of DAAMS air sampling tubes revealed a reading for VX nerve agent.  No ACAMS alarm ever sounded, and there is no way to know exactly when the detection occurred during the 12 hours prior to their being collected.  The Army used all three DAAMS tube samples to run the same confirmation test, leaving no other sample with which a more detailed test could be conducted.  All three tubes confirmed VX agent. However, source and concentrations of the confirmed agent readings remain a mystery. 

The Army does not monitor for toxic compounds such as PCBs, dioxins or heavy metals except for a limited time during the trial burn phase.  The concentrations of these kinds of toxic emissions during routine incinerator operations are unknown.

II.  Workers at chemical weapons facilities have testified on the limitations of the Army’s existing monitoring systems, and the failure of the Army to fix the problems

Over the years, in state and federal court hearings in Utah and Oregon, Army experts from chemical weapons incinerators have testified as to the limitations of the ACAMS and DAAMS monitoring systems.  Following is a summary of issues raised by workers in Oregon district court in 2003:

 
 It is important to note that workers who raised these issues internally and publicly have been harassed, even by the Army’s attorney, right in the courtroom!  On August 13, 2003, under cross examination by Army attorney Robert Foster, Mr. Tom Cramer, testifying to the inadequate monitoring systems, was told that if he testified, his “head would be on the chopping block.”   This shows the Army’s willingness to quash those who challenge the effectiveness of its monitors.
 
 
 III.  By adding advanced chemical agent monitoring systems to existing monitors, a much-needed layer of protection would be provided to depot workers and community members
 
 A.  What do we mean by improved or advanced chemical agent monitoring systems?
 
 One such advanced monitoring system, recommended by the National Research Council, is an infrared monitoring system called the Open-Path Fourier Transform Infrared (FTIR) Spectrometer.  There are numerous companies producing infrared technology and the CWWG does not endorse any one provider.
 
 B.  How does the technology work?
 
 FTIR technology uses an infrared light beam, shot horizontally from an instrument that looks like a telescope, to monitor the air for pollutants.  The system can be used to simultaneously monitor more than 50 chemicals and pollutants, including chemical warfare agents. The CWWG proposes that FTIR be deployed in the open air surrounding the chemical weapons storage and disposal facilities. 
 
 Infrared technology can  “fingerprint” airborne gases generated by chemical weapons incinerators, meaning it can monitor the emissions, and accurately identify and measure the concentration of the chemicals it identifies.    It is a computer driven system, which means complete information on chemical readings are available immediately on a computer screen.  This information can be downloaded, saved, and even used as a means to track changes in air quality.
 
 The technology can work effectively when infrared beams are configured in a set of concentric grids surrounding the source of air pollutants (be it an oil refinery, landfill, incinerator, etc.).   For a chemical weapons facility, this would mean having two grids of infrared beams surrounding the facility, within the depot.  Any chemical agent that crosses that space would be identified in near real-time. 
 
 C.  What are the advantages of using this technology in addition to ACAMS and DAAMS?
 
 For use at chemical weapons facilities, infrared technology would fill a void by providing prompt, accurate detection of chemical agents outside the facility, between the facility and the perimeter DAAMS chemical agent collection tubes.  The benefits are huge:
 


IV.  The National Research Council has for 10 years advised the Army to use improved monitoring systems (See Section (A) above.


V.  Adding advanced chemical agent monitoring systems is cost effective and can be accomplished quickly without impacting the chemical weapons disposal schedule

Infrared monitoring systems like FTIR are “off the shelf” technology, meaning they are already being used widely by the military and in the private sector. Examples of their use include:

Deployment                                 Location                     Date                    Sponsor   
Iraq                                                 Iraq                             May 96               UNSCOM
Fenceline Monitoring                Aberdeen, MD            Aug 96                 U.S. Army
Iraq                                                 Iraq                             Nov 96                 UNSCOM
Iraq                                                 Iraq                             March 97            UNSCOM
Iraq                                                 Iraq                             Aug 97                 UNSCOM
Iraq                                                 Iraq                             Sept 97                  UNSCOM           
Process Monitoring                    Hill AFB, Utah           Dec. 98                   U.S. Air Force
Chem Weapons Remediation    Louisiana                   July 99                  U.S. Corps of Engineers
Chem Weapons Remediation    Memphis                    April 00                U.S. Corps of Engineers
Chem Weapons Remediation    Ogden, UT                  Sept. 00                 U.S. Corps of Engineers
Chem Weapons Remediation    Anniston, AL              May 01                  U.S. Corps of Engineers
Chem Weapons Remediation    Spring Valley, MD     June 01                U.S. Corps of Engineers
ChemWeapons Remediation    Anniston, AL               Apr 02                 U.S. Corps of Engineers

(Gamiles)

As noted in the chart above, the U.S. Army Corps of Engineers uses Op-FTIR air monitors at remediation sites where buried chemical weapons are being un-earthed.  The system is used to warn workers, and nearby residents in the event of a release.  Releases have been accurately detected and reported.   It should be noted that Op-FTIR air monitoring was used during the remediation of Pelham Range, at Fort McClellan, Alabama during the Spring of 2002.  As part of routine operation, intrusive work does not commence unless the Op-FTIR air monitoring system is operational.  This is standard practice for all of the sites operated by the U.S. Army Corps of Engineers when open-path air monitors are used.

The U.S. Army Soldier Biological and Chemical Command (SBCCOM) has published a fact sheet on Op-FTIR monitors, which states

FTIR is used to perform air quality studies of industrial sites, residential communities, landfills, and more.  The technology can identify all compounds present in a cloud of smoke emitted from an industrial plant, and it can predict how a cloud of smoke will disperse due to wind speed.  This may be helpful as an emergency evacuation monitor to protect public health.  Open-path FTIR technology can also be used to determine air quality conditions in a neighborhood setting; determine source-specific fenceline fugitive and stack pollutant emission concentrations from selected industries; identify compounds emitted from factories as they change processes, batches, or shifts; study impurities from vehicles in traffic; perform perimeter monitoring around remediation sites; determine ambient air quality pollutants in a Community Bases Environmental protection area; and determine the effectiveness of a water spray curtain on cloud concentrations.

and, “As required, FTIR would be an ideal tool for use by refineries, environmental agencies, citizen groups, and state and local governments.”

Vendors for these systems estimate that the total cost of deploying infrared monitoring systems at all chemical weapons disposal facilities could be in the range of $16 million.  That is a proverbial ‘drop in the bucket’ for the chemical weapons program, projected to cost over $25 billion, and considering the safety benefits gained by facility managers, depot workers and nearby community members.

Vendors also believe this technology could be deployed at chemical weapons sites within months after funding is secured.  Deploying these systems does not require the facilities to shut down, so the chemical weapons destruction schedule would not be impacted.


Work Cited

Chemical Materials Agency, Anniston Chemical Activity Press release. “Monitoring station detects VX at perimeter of Pelham Range; no emergency involved.”  March 3, 2004.

Mr. Mario Fiori, Assistant Secretary of the Army, Installations and Environment (former). Personal correspondence, December 2001.

Dr. Don Gamiles.  Affidavit from CWWG et al. vs. U.S. Army et al. US District Court, District of Columbia, August 6, 2003.  Case No. 1:03CV00645

National Research Council.  Review of Monitoring Activities Within the Army Chemical Stockpile Disposal Program.  National Academies Press, 1994. 

National Research Council.  Recommendations for the Disposal of Chemical Agents and Munitions.  National Academies Press, 1994.

National Research Council. Review of Systemization of TOCDF.  National Academies Press, 1996.

National Research Council.  Occupational Health and Workplace Monitoring at Chemical Agent Disposal Facilities.  National Academies Press, 2001.

National Research Council.  Evaluation of Chemical Events at Army Chemical Agent Disposal Facilities.  National Academies Press, 2002.

Testimony from CWWG et al. vs. U.S. Department of the Army et al., US District Court District of Utah, June 1999.  Case No. 2:96-CV-425(TC)

Testimony from GASP et al. vs. Oregon Environmental Quality Commission et al., US Circuit Court, State of Oregon, County of Multnomah,  August 2003. Case No. 0009-09349.

US Army SBCCOM.  “Open Path Fourier Transform Infrared Spectrometer” fact sheet.  2002. <http://www.sbccom.apgea.army.mil/RDA/ecbc/pdfs/ftir.pdf>

US Army SBCCOM.  “Monitoring at Chemical Agent Disposal Facilities” fact sheet.  2003. 

 C) Congress Supports Advanced Agent Monitoring

House Rpt.108-354 - NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004
------------------------------------------------------------------------
SUBTITLE F--OTHER MATTERS

Sense of Congress on deployment of airborne chemical agent monitoring systems at chemical stockpile disposal sites in the United States (sec. 1056)

The Senate amendment contained a provision (sec. 1042) that would express the sense of the Senate that the Secretary of the Army should develop and deploy a program to upgrade the airborne chemical agent monitoring systems at all chemical stockpile disposal sites across the United States in order to achieve the broadest possible protection of the general public, personnel involved in the chemical demilitarization program, and the environment.

The House bill contained no similar provision.

The House recedes with an amendment that would express the sense of Congress that the Secretary of the Army, in coordination with relevant Department of Defense research and development agencies, should invigorate and coordinate efforts to develop and deploy chemical agent monitors with improved sensitivity, specificity, and response time.

The conferees note that the National Research Council (NRC) has completed six reports since 1994 that include assessments of the capabilities of airborne chemical agent monitoring systems installed at the chemical agent and munitions stockpile and destruction sites. In these reports, the NRC has consistently cited several problems with the airborne chemical agent sensors. While the NRC has determined that monitoring levels used at the demilitarization facilities are very conservative and are highly protective of workers and public health and safety, the conservative monitoring levels used are a contributing factor in a high incidence of false positive alarms. The NRC has urged the Project Manager for Chemical Demilitarization to improve both the reliability and response time of its airborne agent monitoring systems and recommended that the Army develop a real-time system for airborne-agent monitoring. The NRC has also noted the lack of robust techniques for rapidly measuring agent and agent breakdown products present in liquid waste streams and associated solid materials. The NRC acknowledges the progress made by the Army over the last decade in developing better agent monitoring technology, but concludes that the results to date have been disappointing.

The conferees note that the Army's Chemical Material Agency (CMA) conducts an active program for evaluating new equipment and methods for improving both near-real time monitoring and historical long-term monitoring and continues to improve technologies and equipment to increase specificity, lower detection limits and response times, and minimize false alarms. The conferees believe that these efforts should be coordinated with, and take advantage of, the increased level of interest in and increased resources available for developing chemical agent detectors for homeland defense. The committee strongly supports these actions of the CMA that promote the maximum protection of the general public, personnel involved in the chemical demilitarization program, and the environment.



June 22nd, 2004     
 
BUNNING SECURES $2 MILLION FOR BLUE GRASS ARMY DEPOT
 

WASHINGTON - U.S. Senator Jim Bunning today applauded the Senate Appropriations Committee for approving the FY-05 Defense Appropriations Bill and sending it to the full Senate. The Senate Appropriations Committee allocated Bunning’s request for $2 million for an improved chemical warfare agent monitoring system at the Blue Grass Army Depot in Richmond, Kentucky. In April, Bunning made it his top priority to get these important funds into the final bill.

“Last year I secured language in the FY04 Defense authorization act to have the Army provide improved chemical monitoring devices at Bluegrass Army Depot. These appropriated funds will make sure the Army does not lag behind to meet this very important requirement.”
 
###



 Appendix B

Public Information Access

SPECIFICS

Daily Public Information Check List (published on accessible web site):

I) Operational Availability of the facility during the 24-hour period:
    A) If less that 24 hours availability:
        1) Reason(s) for Unavailability
            a) Routine Maintenance - Activity Performed
            b) Unscheduled Maintenance - Activity Performed
            c) Chemical Event/Incident - Incident Summary

II) Number and types of munitions transported to the disposal facilities during the 24 hour period;

IV) Number of Munitions processed during the 24-hour period

V) Type(s) of Munitions processed during the 24-hour period
    1) Note any "gelled"* munitions" separately (* less than 95% drain)

VI) Amount of agent processed during the 24-hour period:
       
VII) Percentage of agent drained per munition during the 24 hour period (not averaged - but by munition)
    1) Note any "gelled"* munitions" separately (* Less than 95% drain)

VIII) Number of ACAMS Alarms during the 24-hour period:
    1) Location of each Alarm
    2) Alarm Reading in Time Weighted Average (TWA)
    3) Number Confirmed -
    4) Number False Positive - Identification of Cause of the Alarm(s)
    5) Number False Negative

IX) Prevailing Wind Patterns during the 24-hour period by percentage.

X) Potential Worker Exposures during the 24-hour period:
    1) Cause(s) of potential exposure during the 24-hour period
    2) Number of Blood Draws during the 24-hour period

XI) Worker Accidents during the 24-hour period
    1) Type of Accident: Agent Related or Industrial
    2) Location of Accident
    3) Number of Workers Involved
    4) Status of Injuries, if any
   
Monthly Public Information Check List (published on accessible web site):

I. Number of RCRA Permit Non-Compliances during the 4-week period
    A.  Specific Non-Compliance(s)

II. Amount of Residual Hazardous Waste Produced during the 4-week period
    A. Type(s) of waste produced from operations
    B.  Amounts of each Type of waste produced from operations
        1. Spent Decon
        2. Brine
        3. Lab Waste
        4. Dunnage Non-Metals
        5. Dunnage Metals
        6. Other
    C. Location for disposition of wastes
    D. Type of disposal for wastes
        1. Incineration
        2. Landfill
        3. Deep-Well Injection
        4. Fuel Blending
        5. Bio-treatment
        6. Other

Quarterly Public Information Check List  (published on accessible web site):

I. Conformance with latest published Schedule
    A. Scheduling Adjustment
    B. Basis for Adjustment

II. Contract Changes Implemented
    A.  Cost of Contract Modifications
    B.  Basis for Contract Modifications
    C.  Schedule Impact of Contract Modifications

III. Contractor Award Fees Granted (if Quarterly - if semi-annually, then post semi-annually).


Annually: All RCRA Non-Compliance Reports Distributed to the Public



 Appendix C

Worker Rights


I. Court Ruling: On July 26 2004, the Oregon Circuit Court issued a Ruling regarding a citizens action against the chemical weapons incinerator located at Umatilla.

That ruling stated in part, “Without the addition of the whistleblower functions, the permitted activity endangers human health and the environment and can only be regulated to acceptable levels by modification of the permit by adding whistleblower protections.  Meaningfully encouraging workers to report good faith concerns for safety, hazards, and related noncompliance with permit conditions would represent a substantial function. The mere existence of a federal whistleblower statute has not been sufficient to ensure full participation of workers in protecting health, safety and the environment.” (Oregon Circuit Court: GASP vs EQC; Case number 0009-09349) 

II. Existing Worker Protections:

Employee Workplace Rights: OSHA 3021-08R
Excerpts From: Worker Rights Under the OSH Act
Whistleblower protections
Employees have a right to seek safety and health on the job without fear of punishment.

That right is spelled out in Section 11(c) of the OSH Act. The law forbids the employer from punishing or discriminating against employees for exercising such rights as

• Complaining to the employer, union, OSHA, or any other government agency about job safety and health hazards; and
• Participating in OSHA inspections, conferences, hearings, or other OSHA-related activities.

States administering their own occupational safety and health programs must have provisions at least as effective as those in the OSH Act to protect employees from discharge or discrimination.

III.  Suggested Permit Conditions
Specific provisions that should be conditions of the BGCAPP permit  including protection of workers from any of the following based on their efforts to ensure safety and compliance:




END