DuPont pulls out of Army VX deal

By DANIEL WALSH Staff Writer, (856) 794-5111

Published: Saturday, January 6, 2007

A U.S. Army plan for disposing of a lethal nerve agent's waste into the Delaware River died Friday when DuPont pulled out of the project.

DuPont announced it would not treat the VX nerve agent's waste water because the legal-approval process had become too "lengthy and arduous."

The company required a permit modification from the New Jersey Department of Environmental Protection to treat the waste, and there was no guarantee of receiving it, considering the opposition of New Jersey Gov. Jon S. Corzine, who dubbed DuPont's pullout a "victory for the people of New Jersey."

Meanwhile, the Army and DuPont faced increasing pressure from a lawsuit filed last month by environmental groups and a U.S. Government Accountability Office review of the proposal due Jan. 26. A DuPont spokesman said neither played a part in the company's decision.

"We had already invested three years in the project," DuPont spokesman Anthony Farina said. "We still needed to put in the permit modification. We wouldn't know how long it would take."

The question remains as to what will be done with the VX wastewater, known as hydrolysate. The Army has chemically neutralized 36 percent of its VX stockpile at a chemical weapons depot in Newport, Ind., in compliance with an international treaty calling for the destruction of chemical weapons. An Army spokesman said the military would consider other on-site and off-site options for disposing of the wastewater byproduct. Many, including Indiana residents, have pushed for on-site disposal.

"At some point, something will be done with the hydrolysate," said Mickey Morales, spokesman for the Army's Chemical Materials Agency. "We are committed to destroying all the stockpile and complying with the treaty."

The bipartisan southern New Jersey congressional delegation that opposed the Army's plan likely will maintain an oversight role in that effort, as all three sit on the U.S. House of Representatives Armed Services Committee. U.S. Reps. Frank LoBiondo, R-2nd, Jim Saxton, R-3rd and Rob Andrews, D-1st, created numerous hurdles for the Army by successfully demanding reviews by the U.S. Environmental Protection Agency, Centers for Disease Control and Prevention and the GAO. The EPA and CDC dropped initial objections to the project.

Andrews said he anticipated the GAO review would be critical of the Army's proposal, although Farina speculated just the opposite. Andrews cited a National Academy of Sciences study from several years ago that found the DuPont treatment option to be the least preferred of about 10 other disposal methods.

"From the very beginning, the Army's plan to ship this waste off-site was a recipe for disaster," said Craig Williams of the Kentucky-based Chemical Weapons Working Group.

The lawsuit filed last month by several environmental groups, including the Delaware Riverkeeper Network and Chemical Weapons Working Group, raised another roadblock. The groups claimed the Army plan was illegal, citing a 1994 amendment to the Defense Authorization Act of 1986, which says the secretary of defense "may not transport any chemical munition that constitutes part of the chemical-weapons stockpile out of the state in which that munition is located."

Army and DuPont officials had claimed all along that the hydrolysate would contain no active VX, but neither has a way to prove the claim. Existing technology can only measure VX down to 14 parts per billion in water.

For many, that was sufficient. Rutgers University's Haskin Shellfish Research Laboratory, for example, deemed that the project would have minimal effect on marine populations in the Delaware Bay. Some who initially opposed the project, such as Heislerville fisherman George Kumor, changed their minds after reading the EPA and CDC reports.

"What changed my mind was that they were breaking down the (VX) and turning it into something else," said Kumor, who had strongly criticized the project during a March public meeting in Port Norris. "This whole conflict came down to ignorance and personal agendas."

In fact, many misunderstood facets of the project, often mischaracterizing VX as "nerve gas"; it's actually a viscous liquid.

Many did understand the basic concepts of the Army's proposal, however. Government regulators in Ohio had previously turned down the Army's first effort to treat the waste in Dayton, Ohio, after overwhelming criticism by local residents and biologists. Likewise, the Army proposal drew broad opposition throughout the Delaware Valley.

"Our water is bad enough as it is," said Joe Scarpinato, who runs a catering business in Bridgeton. "We don't need any more junk in it."

To e-mail Daniel Walsh at The Press: DWalsh@pressofac.com