Defense Environment Alert

an exclusive biweekly report on defense policies for cleanup, compliance and pollution prevention

Vol. 15, No. 24

November 27, 2007

LAWMAKERS PROBING ARMY OVER KENTUCKY CHEM WEAPONS HANDLING

Two senators and one congressman from Kentucky are asking the Army tough questions over its handling of chemical weapons stored in the state, after regulators found numerous violations of state environmental regulations, and possible criminal misconduct, at a storage facility near Richmond, KY.

Sen. Minority Leader Mitch McConnell (R-KY), Sen. Jim Bunning (R-KY) and Rep. Ben Chandler (D-KY) wrote to Dale Ormond, acting director of the Army's Chemical Materials Agency (CMA), Nov. 13, urging him to take "immediate and decisive action" to ensure employees at the Blue Grass Army Depot, KY, are "properly trained to prevent release of chemical warfare agents."

Blue Grass, which stores nerve agent, is due to dispose of its weapons by supercritical water oxidation, ratherthan incineration as used at sites elsewhere, following protests by local activists and intervention by politicians Pentagon saying it expects completion of destruction there by 2023.

The United States is under an international treaty deadline to dispose of its entire stockpile by 2012, as requiredby the Chemical Weapons Convention, the treaty that commits signatory nations to eliminate their chemical arms. DOD conceded in 2006 it will not meet this deadline as other budget requirements have taken priority.

Numerous allegations regarding mismanagement have been made by whistleblowers at the Blue Grass site, and afederal grand jury is investigating these claims.

In addition, Kentucky regulators have now referred several matters to EPA's criminal investigation arm for further study and notified the site managers of several violations of state regulations (Defense Environment Alert, Nov. 13, p23).

"We believe that you must put in place proper procedures to rectify the situation, as well as take what actions are necessary against any supervisors responsible for these egregious violations," the letter to Ormond says.

It goes on to express concern over allegations from whistleblowers that the Army has silenced dissent at the site, which is stifling legitimate worries over safety. The letter asks Ormond to brief the senators and congressman on "concrete actions you have instituted to remedy these matters." The letter is available on InsideEPA.com. See page 2 for details.

A spokesman for the Army's Chemical Materials Agency (CMA) says Ormond replied in writing Nov. 19. "Mr. Ormond and his staff are working towards a meeting as requested in the Congressional letter. A date, time and place as well as participants are still to be determined," the spokesman says. CMA would not release Ormond's response.

Public interest advocacy group Public Employees for Environmental Responsibility (PEER) has repeatedly asked the House Energy & Commerce Committee to start an investigation into Blue Grass, so far to no avail. PEER is providing legal representation to a former employee at Blue Grass, Donald Van Winkle, who will give testimony before a federal administrative law judge from the Department of Labor in Lexington, KY, on Nov. 27 on the problems he saw at the site.

At issue in the hearing is whether Van Winkle was removed from his job at Blue Grass in retaliation for his reports of safety and security lapses. PEER Executive Director Jeff Ruch said in a statement issued Nov. 26 that "the reason we have laws protecting whistleblowers is so that potential perils at chemical weapon and other facilities are reported and dealt with - not swept under the rug."