Decision Regarding ‘Best Available Technology’ Will Determine Future of Burning

(Washington, D.C.) – The Government Accountability Project (GAP), on behalf of Oregon environmental group GASP, the Oregon Wildlife Federation, the Sierra Club, and other petitioners, is arguing in Circuit Court today that the Oregon Environmental Quality Commission (ECQ) and the Oregon Department of Environmental Quality (DEQ) have not followed proper procedures in determining the ‘best available technology’ for disposing of mercury-laced mustard agent at the Umatilla Chemical Depot near Hermiston, Oregon.

The Depot, operated by the U.S. Army, previously determined that “incineration” was the proper disposal method, and has already burned some of the materials held by the over 2,600 ‘ton containers’ worth of agent.

The non-jury trial starting today (and expected to last into next week) will decide whether incineration is the ‘best available technology’ for disposal, which state law requires (Oregon law is unique in demanding this). Alternative technologies to incineration that release significantly less contaminants have been developed for and will be used at the Army’s Blue Grass (Kentucky) and Pueblo (Colorado) facilities. In recent years, the Aberdeen Proving Ground facility in Maryland destroyed 1,800 tons of mustard agent by a chemical “neutralization” method, which greatly reduces the emission of hazardous chemicals into the environment.

The EQC made official its decision to continue with the incineration process last September, despite evidence in a DEQ report showing that the risk of cancer to humans posed by the incineration plan is significant and exceeds Oregon’s acceptable risk standards. The incineration technique also significantly threatens wildlife.

The trial begins this morning in Room 318For a copy of the filed petition, click here: at the Multnomah County Courthouse at 1021 SW. Fourth Ave in Portland. For a copy of the filed petition, click here: http://bit.ly/2FPrSp

Further Background

The decision to burn the mustard agent was delayed amidst much controversy for years, due to several issues. Most prominently among these is the unknown levels of mercury in the agent, which Oregon state reports have shown significantly increases the risk of health and environmental damage for surrounding populations when burned and released into the environment.

Unlike similar chemical depot plants with this type of mustard agent, the quantities of such hazardous wastes in the ‘ton containers’ stored in the Umatilla stockpile (63 percent by weight of all the stockpiled munitions) have never been determined, because the EQC and DEQ have refused to require testing of each of the ton containers. However, it is known that UCD’s mustard agent does contain significant amounts of mercury, according to an announcement by plant officials in 2007. The EQC and DEQ decided last year to move forward with their incineration plan, despite a n assessment showing that the risk of cancer to humans posed by the incineration plan exceeded Oregon’s acceptable risk standards. A critique of that assessment by Dr. Peter deFur indicates that the risks posed by the incineration of mustard agent at the Umatilla facility are significantly underestimated by the Army, DEQ and contractors that prepared the assessment. In particular, the risks posed to children were inadequately evaluated.

Click here to read Dr. Peter deFur’s critique: http://wordpress-350926-1087337.cloudwaysapps.com/doc/2009/defur.pdf

Both agencies were presented with proposals regarding alternatives to destroying the agent, such as “controlled detonation” technology (which other Army facilities are inquiring into) and a chemical “neutralization” method (which has been praised by both communities near the chemical weapons stockpiles and the Army). However, both ideas were dismissed by the state agencies.

Government Accountability Project

The Government Accountability Project is the nation’s leading whistleblower protection organization. Through litigating whistleblower cases, publicizing concerns and developing legal reforms, GAP’s mission is to protect the public interest by promoting government and corporate accountability. Founded in 1977, GAP is a non-profit, non-partisan advocacy organization based in Washington, D.C.

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