Defense Environment Alert
March 11. 2003

KENTUCKY BILL REQUIRES EMERGENCY RESPONSE PLAN IMPLEMENTATION

The Kentucky Legislature last week passed a bill that prevents the state from issuing a hazardous waste permit for chemical weapons destruction until the county where the weapons are stored can certify that infrastructure improvements required in a final emergency response plan are completed. The legislation also requires the Army to provide funding for the creation and maintenance of a community liaison, who will serve as a central clearinghouse for all chemical demilitarization information, before the state can finalize a permit.

The bill, however, does not impose the requirements on a permit for a pilot-scale operation. The Kentucky Senate approved the bill, SB 162, on Feb. 27, and the Kentucky House passed the bill March 6. The legislation is available on InsideEPA. com. Seepage 2 for details.

Although the military is still several years away from destroying the chemical weapons in Kentucky, the legislation aims to "get ahead of the curve" to avoid potential destruction delays stemming from disputes over what equipment and infrastructure must be in place to adequately protect citizens in the case of an accidental chemical agent release, according to a source familiar with the legislation.

In Alabama, for example, disputes over emergency preparedness issues could pose delays for destruction of chemical weapons. The state's governor last summer sued the military over emergency preparedness funding delays for the chemical weapons stockpile in Anniston, AL (Defense Environment Alert, June 18, 2002, p5). And earlier this year, Sen. Richard Shelby (R-AL) reiterated concerns over safety issues at the Anniston stockpile, vowing to withhold support for the start-up of a chemical weapons incineration there until key issues are addressed (Defense Environment Alert, Feb. 11, p 17).

The Kentucky legislation specifies that the state shall not issue a permit to construct or operate a chemical weapons disposal facility unless the Army provides written documentation from the county where the stockpile is located that two conditions are met. The first is that all infrastructure improvements identified in the final emergency response plan "as being reasonably necessary to assure the ability of the community to effectively respond to releases from the facility in order to protect public health and the environment" have been or will be completed prior to operation of the facility.

The second requirement is that the Army provide the host county with "sufficient funding for reasonable direct and indirect costs of the creation and maintenance of the position of host community liaison." The county will appoint the liaison, who "will act as the single point of contact for community relations, emergency planning, and community oversight of the construction, operation, closure, and emergency response of the facility."