Amid reports that the DuPont Co. released a small, neutralized amount of VX nerve agent byproduct into the Delaware River last year, U.S. Rep. Robert E. Andrews announced Thursday that he was requesting an investigation into the matter by the U.S. Army Office of the Inspector General.
"This news came as a surprise to me and the regulatory agencies in New Jersey and Delaware," said Andrews, D-Haddon Heights, in a letter to LTG Paul T. Mikolashek, Inspector General of the U.S. Army.
Also on Thursday, the state Department of Environmental Protection said that DuPont would have to obtain a major permit modification before treating the 1,269 tons of VX byproduct called for in its proposal with the Army -- giving DEP a direct say in those plans.
"DuPont's own studies show that its facility would discharge significant quantities of at least two chemicals that are beyond what its current permit contemplates," said DEP Commissioner Bradley M. Campbell in a letter this week to state Sen. Stephen Sweeney, D-3rd Dist.
DuPont has acknowledged that 25 liters of hydrolysate wastewater from the destruction of VX at the Newport Army Depot in Indiana were handled during a four-month-long series of "treatability studies." The studies were conducted to determine if the company could "safely and effectively" remove hazardous materials from the byproduct.
The resulting "clear effluent" -- which DuPont said has no adverse impact on the environment -- was subsequently released into the Delaware River.
The DEP released more information on Thursday about the test treatment. In his letter to Sweeney, Campbell said the DuPont Experimental Station in Wilmington, Del., received 25.8 liters -- or 6.8 gallons -- of hydrolysate from the Army.
The Office of the Inspector General should investigate Army involvement in the treatability studies and the decision to dump leftover material into the Delaware River afterwards, said Andrews.
"In light of the inconclusive scientific data concerning the effect of toxins in the hydrolysate on the Delaware River, was this decision premature?" he asked.
Andrews has been an outspoken opponent of plans to treat the byproduct of deadly VX nerve agent at the DuPont Chambers Works' high-tech wastewater treatment plant in Deepwater. He said the recent discharge reaffirms what he says is the reckless nature of the project and his opposition to the proposal altogether.
"This opens the door for New Jersey to start taking chemical warfare weaponry from anywhere and everywhere," he said.
Last month, New Jersey Governor James E. McGreevey and Delaware Governor Ruth Ann Minner expressed concerns about the plan, which has attracted much attention from area residents, public officials and environmental groups.
Andrews said he was unsure if the test disposal was illegal, but chastised DuPont and the Army for failing to notify the public.
"I certainly know that disposal of any byproduct without public disclosure or regulatory consultation is just wrong," he said, citing a congressional Defense Authorization Bill that necessitates government oversight in dumping chemical weapons.
DuPont did not notify DEP before conducting the study or discharging its leftovers, according to Campbell.
"This is surprising considering that DuPont has frequently updated us with information about the Army's proposal with information about the Army proposal thus far, and disappointing in light of the great public concern over every aspect of the Army proposal," he said in his letter to Sweeney.
However, the end product was not significant enough to require DEP notification or a modification of DuPont's existing permit, and the discharge's scale did not threaten public health, safety or the environment, according to Campbell.
Andrews called the incident "strike three" for plans to process the nerve agent waste. DuPont and the Army intended to move forward with treating VX byproduct without public consultation, they misrepresented the position of the Centers for Disease Control and Prevention on the treatment procedure, and now this, he said.
"From the onset of this process, the Army and DuPont has asked the public to trust them," said Andrews. "Trust has to be earned. Both the Army and DuPont have a dismal record in the category of trust."
Andrews said he is not seeking sanctions against either party, but rather hopes an investigation makes them aware that further steps regarding the nerve agent's disposal need to be public.
Jeff Lindbland, spokesperson for the Army Chemical Management Agency, said the treatability studies were conducted in accordance with permits DuPont holds from the federal Environmental Protection Agency and state DEP. He did not agree that the Army and DuPont has kept the public in the dark about plans to process the nerve agent waste.
"We have been very upfront in getting public participation in the process," he said.
"We've been talking about this with the community in Salem County for two years," said Anthony R. Farina, DuPont spokesperson.
In a statement, Farina said DuPont has conducted such studies on sample wastewaters for more than 25 years, and that the company agrees with New Jersey and Delaware legislators that the CDC and the EPA should complete their reviews of the plan before it moves forward.
"Our culture is safety," he said. "We will not pursue the project unless we can do it in a safe and environmentally sound manner."