September 24, 1998
REGISTERED MAIL
RETURN RECEIPT REQUESTED
Honorable Louis Caldera
Secretary of the Army
101 Army, Pentagon
Washington, D.C. 20310
James L. Bacon
Program Manager for Chemical Demilitarization
United States Department of the Army
ATTN: SFAE-CD-Z
Building E4585
Aberdeen Proving Ground, Maryland 21012-5401
Col. Gregory F. Potts, Commander
Anniston Army Depot
United States Department of the Army
7 Frankford Avenue
Anniston, Alabama 36201-4199
Richard Harral, Plant Manager
Westinghouse Anniston
CBS Corporation
1425 Wilmer Avenue
Anniston, Alabama 36201-3867
James W. Warr, Director
Alabama Department of Environmental Management
1751 Cong. W.L. Dickinson Drive
Montgomery, Alabama 36109
Re: Notice of Intent to File Suit; Request for Order to Terminate or Revoke Permit
Dear Messrs. Caldera, Bacon, Potts, Harral and Warr:
NOTICE OF INTENT TO FILE SUIT
Hazardous Waste Facility Permit No. AL3 210 020 027 issued June 19, 1997 to the U.S. Department of the Army - Program Manager for Chemical Demilitarization, U.S. Department of the Army - Anniston Army Depot, and CBS Corporation (hereinafter, "permittees") contains the following permit condition:
If the permittee becomes aware that relevant facts were not submitted or were incorrect in the permit application, . . . such facts or information shall be promptly submitted by the Permittee (ADEM Admin. Code R. 335- 14-8-.03(1)(l)11.).
Condition I.E.19. As described below, the undersigned submit that the permittees are in violation of this permit condition.
The NRC Report
The National Research Council recently released to the public a report entitled Review of Acute Human-Toxicity Estimates for Selected Chemical-Warfare Agents (1997) which it prepared for the U.S. Department of the Army in 1997. See Exhibits A, B, and C. This report concludes that the Army 's previous estimates of the human toxicity of chemical agents are not correct. The Army 's previous estimates of human toxicity are the same as those reported in the hazardous waste facility permit application for the proposed Chemical Demilitarization Facility at the Anniston Army Depot dated May 1996, the same as those relied upon by the Centers for Disease Control in its Final Recommendations for Protecting the Health and Safety Against Potential Adverse Effects of Long-term Exposure to Low Doses of Agents: GA, GB, VX, Mustard Agent (H, HD, T) and Lewisite (L), 53 Fed. Reg. 8504 (1988) and 53 Fed. Reg. 11002 (1988), and the same as those relied upon by the Alabama Department of Environmental Management in establishing emission limitation, contingency plan, and financial responsibility requirements for Hazardous Waste Facility Permit No. AL3 210 020 027 issued on June 19, 1997.
The analysis and conclusions in Review of Acute Human-Toxicity Estimates for Selected Chemical-Warfare Agents are relevant to the establishment of emission limitation, contingency plan, and financial responsibility requirements in Hazardous Waste Facility Permit No. AL3 210 020 027. The analysis and conclusions in Review of Acute Human-Toxicity Estimates for Selected Chemical-Warfare Agents indicate that the chemical agent toxicity information provided in the May 1996 hazardous waste facility permit application for the proposed Chemical Demilitarization Facility at the Anniston Army Depot was incorrect. The U.S. Department of the Army has been aware of the analysis and conclusions in Review of Acute Human-Toxicity Estimates for Selected Chemical-Warfare Agents since 1997, but has not submitted the information to the Alabama Department of Environmental Management.
Under Condition I.E.19 of Hazardous Waste Facility Permit No. AL3 210 020 027, the permittees have a continuing duty to promptly submit to the Alabama Department of Environmental Management any facts or information of which they become aware which establish that relevant facts in the permit application are incorrect. The information contained in Review of Acute Human-Toxicity Estimates for Selected Chemical-Warfare Agents(1997) establishes that the chemical agent toxicity information provided in the May 1996 hazardous waste facility permit application for the proposed Chemical Demilitarization Facility at the Anniston Army Depot was incorrect. The permittees' continued failure to submit the information contained in Review of Acute Human-Toxicity Estimates for Selected Chemical-Warfare Agents (1997) to the Alabama Department of Environmental Management is a continuing violation of Hazardous Waste Facility Permit No. AL3 210 020 027. If this violation is not promptly abated, suit may be filed against all permittees pursuant to 42 U.S.C. § 6972.
The Army Report
In the recently released report entitledReview of Acute Human-Toxicity Estimates for Selected Chemical-Warfare Agents(1997) prepared by the National Research Council for the U.S. Department of the Army, see Exhibits A and B, the following information is provided:
Id. at 17. The CDEPAT review mentioned above is entitled Review of Existing Toxicity Data and Human Estimates for Selected Chemical Agents and Recommended Human Toxicity Estimates Appropriate for Defending the Soldier (CDEPAT, 1994). This 1994 report allegedly contains a "new" analysis of the historical toxicity data and concludes that the Army 's previous estimates of the human toxicity of chemical agents are not correct. The Army 's previous estimates of human toxicity are the same as those reported in the hazardous waste facility permit application for the proposed Chemical Demilitarization Facility at the Anniston Army Depot dated May 1996, the same as those relied upon by the Centers for Disease Control in its Final Recommendations for Protecting the Health and Safety Against Potential Adverse Effects of Long-Term Exposure to Low Doses of Agents: GA, GB, VX, Mustard Agent (H, HD, T) and Lewisite (L), 53 Fed. Reg. 8504 (1988) and 53 Fed. Reg. 11002 (1988), and the same as those relied upon by the Alabama Department of Environmental Management in establishing emission limitation, contingency plan, and financial responsibility requirements for Hazardous Waste Facility Permit No. AL3 210 020 027 issued on June 19, 1997.
The analysis and conclusions in Review of Existing Toxicity Data and Human Estimates for Selected Chemical Agents and Recommended Human Toxicity Estimates Appropriate for Defending the Soldier(CDEPAT, 1994) are relevant to the establishment of emission limitation, contingency plan, and financial responsibility requirements in Hazardous Waste Facility Permit No. AL3 210 020 027. The analysis and conclusions in Review of Existing Toxicity Data and Human Estimates for Selected Chemical Agents and Recommended Human Toxicity Estimates Appropriate for Defending the Soldier (CDEPAT, 1994) allegedly indicate that the chemical agent toxicity information provided in the May 1996 hazardous waste facility permit application for the proposed Chemical Demilitarization Facility at the Anniston Army Depot was incorrect. The U.S. Department of the Army has been aware of the analysis and conclusions inReview of Existing Toxicity Data and Human Estimates for Selected Chemical Agents and Recommended Human Toxicity Estimates Appropriate for Defending the Soldier since 1994, but has not submitted the information to the Alabama Department of Environmental Management.
Under Condition I.E.19 of Hazardous Waste Facility Permit No. AL3 210 020 027, the permittees have a continuing duty to promptly submit to the Alabama Department of Environmental Management any relevant facts or information which were not submitted in the permit application. In addition, the permittees have a continuing duty to promptly submit to the Alabama Department of Environmental Management any facts or information of which they become aware which establish that relevant facts in the permit application are incorrect. The permittees ' continued failure to submit the information contained in the Review of Existing Toxicity Data and Human Estimates for Selected Chemical Agents and Recommended Human Toxicity Estimates Appropriate for Defending the Soldier (CDEPAT, 1994) is a continuing violation of Hazardous Waste Facility Permit No. AL3 210 020 027. If this violation is not promptly abated, suit may be filed against all permittees pursuant to 42 U.S.C. § 6972.
The EPA Report
The U.S. Environmental Protection Agency recently published Exposure Factors Handbook Volume II - Food Ingestion Factors(EPA/600/P-95/002Fb, August 1997). This Handbook is a revision to the Exposure Factors Handbook (EPA/600/8-89/043, May 1989) and provides up-to-date data and recommendations on food ingestion exposure factors commonly used in exposure assessments. This Handbook contains food ingestion rates for a subsistence farmer that are considerably higher than the rates contained in the previous edition.
As part of its hazardous waste permit application for the proposed Chemical Demilitarization Facility at the Anniston Army Depot, the U.S. Department of the Army submitted a Final Screening Risk Assessment which evaluated the health risk to a subsistence farmer from ingesting food contaminated by emissions from the proposed Chemical Demilitarization Facility. The food ingestion rates used in the Assessment were derived from Exposure Factors Handbook (EPA/600/8-89/043, May 1989). The conclusion of the Assessment was that the subsistence farmer's exposure to contaminants was marginally within an exposure level deemed "acceptable" by the Alabama Department of Environmental management. Based on this Assessment, the Alabama Department of Environmental Management issued Hazardous Waste Facility Permit No. AL3 210 020 027 on June 19, 1997. Hazardous Waste Facility Permit No. AL3 210 020 027 is not yet final however, because it remains under review by the Environmental Management Commission.
The food ingestion rates for a subsistence farmer contained in Exposure Factors Handbook Volume II - Food Ingestion Factors(EPA/600/P-95/002Fb, August 1997) are relevant to the establishment of emission limitation requirements in Hazardous Waste Facility Permit No. AL3 210 020 027. The food ingestion rates for a subsistence farmer contained in Exposure Factors Handbook Volume II - Food Ingestion Factors (EPA/600/P-95/002Fb, August 1997) indicate that the Final Screening Risk Assessment submitted as part of the hazardous waste facility permit application for the proposed Chemical Demilitarization Facility at the Anniston Army Depot was incorrect. The permittees have been aware of the Exposure Factors Handbook Volume II - Food Ingestion Factors (EPA/600/P-95/002Fb, August 1997) since early 1998, but have not submitted the information to the Alabama Department of Environmental Management.
Under Condition I.E.19 of Hazardous Waste Facility Permit No. AL3 210 020 027, the permittees have a continuing duty to promptly submit to the Alabama Department of Environmental Management facts or information of which they become aware which establish that relevant facts in the permit application are incorrect. The information contained in Exposure Factors Handbook Volume II - Food Ingestion Factors (EPA/600/P-95/002Fb, August 1997) establishes that the Final Screening Risk Assessment was incorrect. The permittees ' continued failure to submit the information contained in Exposure Factors Handbook Volume II - Food Ingestion Factors (EPA/600/P-95/002Fb, August 1997) is a continuing violation of Hazardous Waste Facility Permit No. AL3 210 020 027. If this violation is not promptly abated, suit may be filed against all permittees pursuant to 42 U.S.C. § 6972.
REQUEST FOR ORDER TO TERMINATE OR REVOKE PERMIT
Pursuant to Code of Alabama 1975, § 22-22A-5(10), the Alabama Department of Environmental Management is authorized to revoke permits. In addition, Code of Alabama 1975, § 22-30-12 provides inter alia:
In the recently released report entitledReview of Acute Human-Toxicity Estimates for Selected Chemical-Warfare Agents (NRC, 1997) prepared by the National Research Council for the U.S. Department of the Army, see Exhibits A and B, the following information is provided:
Id. at 17. The CDEPAT review mentioned above is entitled Review of Existing Toxicity Data and Human Estimates for Selected Chemical Agents and Recommended Human Toxicity Estimates Appropriate for Defending the Soldier (CDEPAT, 1994). This 1994 report, prepared by the U.S. Department of the Army, allegedly contains a "new" analysis of the historical toxicity data and concludes that the Army 's previous estimates of the human toxicity of chemical agents are not correct. The Army 's previous estimates of human toxicity are the same as those reported in the hazardous waste facility permit application for the proposed Chemical Demilitarization Facility at the Anniston Army Depot dated May 1996, the same as those relied upon by the Centers for Disease Control in its Final Recommendations for Protecting the Health and Safety Against Potential Adverse Effects of Long-Term Exposure to Low Doses of Agents: GA, GB, VX, Mustard Agent (H, HD, T) and Lewisite (L), 53 Fed. Reg. 8504 (1988) and 53 Fed. Reg. 11002 (1988), and the same as those relied upon by the Alabama Department of Environmental Management in establishing emission limitation, contingency plan, and financial responsibility requirements for Hazardous Waste Facility Permit No. AL3 210 020 027 issued on June 19, 1997.
The analysis and conclusions in Review of Existing Toxicity Data and Human Estimates for Selected Chemical Agents and Recommended Human Toxicity Estimates Appropriate for Defending the Soldier (CDEPAT, 1994) are relevant to the establishment of emission limitation, contingency plan, and financial responsibility requirements in Hazardous Waste Facility Permit No. AL3 210 020 027. The analysis and conclusions in Review of Existing Toxicity Data and Human Estimates for Selected Chemical Agents and Recommended Human Toxicity Estimates Appropriate for Defending the Soldier (CDEPAT, 1994) allegedly indicate that the chemical agent toxicity information provided in the May 1996 hazardous waste facility permit application for the proposed Chemical Demilitarization Facility at the Anniston Army Depot was incorrect. The U.S. Department of the Army has been aware of the analysis and conclusions in Review of Existing Toxicity Data and Human Estimates for Selected Chemical Agents and Recommended Human Toxicity Estimates Appropriate for Defending the Soldier since 1994, but did not fully disclose the information to the Alabama Department of Environmental Management during the permit issuance process. Accordingly, the undersigned request that the Director of the Alabama Department of Environmental Management issue an order terminating or revoking Hazardous Waste Facility Permit No. AL3 210 020 027 pursuant to ADEM Admin. Code R. 335-14-8-.04(4) and Code of Alabama 1975, §§ 22-22A-5(10) and 22-30-12(k) .
Sincerely,
Suzanne Marshall, President
SERVING ALABAMA'S FUTURE ENVIRONMENT
P.O. Box 1463
Anniston, Alabama 36202
Phone: 256-782-0420
Brenda Lindell
FAMILIES CONCERNED ABOUT NERVE GAS INCINERATION
P.O. Box 1463
Anniston, Alabama 36202
Phone: 256-236-1496
Beth Fraser, Executive Director
COOSA RIVER BASIN INITIATIVE, INC.
2887 Alabama Highway
Rome, Georgia 30165
Phone: 706-235-1043
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