United States:  Judge Allows Anniston Chemical Burn to Proceed

By David McGlinchey
Global Security Newswire

WASHINGTON — A U.S. judge ruled today that the U.S. Army may begin burning chemical weapons at a depot in Alabama despite the concerns of some local residents and chemical safety activists (see GSN, Aug. 6).

The plant is prepared to begin incineration as early as this weekend, but Army lawyers must first decide if they will wait for expected appeals to today’s decision, according to Mike Abrams, a spokesman at the Anniston Army Depot.

U.S. District Judge Thomas Jackson dismissed an appeal for a temporary restraining order sought by a coalition of groups, including the Chemical Weapons Working Group, the Sierra Club and a chapter of the Southern Christian Leadership Conference.

Jackson said that concerns about the depot’s safety are “purely speculative.”

Richard Condit, a lawyer for the plaintiffs, argued that Army and Alabama officials had not thoroughly examined emergency preparations in case of an accident at the depot.  He also said that officials had no way to monitor the release of contaminants from the plant.

Condit said that earlier test burns did not represent actual working conditions and were a “red herring” to fool the public and environmental officials.

Activists in the courtroom decried the decision and said the Army should consider neutralizing the chemical weapons instead of burning them.  The neutralization method is being used at several other depots, but the Army says that once chemicals are weaponized, they must be burned.

“The citizens of Anniston were hoping to get the justice they deserve [but] they didn’t get that today,” said Monica Rohde-Buckhorn, a spokeswoman for the Chemical Weapons Working Group.

Jackson ruled that the plaintiffs needed to demonstrate an imminent danger, not a theoretical or feared accident.  He said there was “insufficient showing” that “any harm will flow.”

Condit said he was “obviously disappointed” in the ruling.  He said he would review the decision with his clients and would probably appeal “if it appears there are holes in the judge’s analysis.”

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United States I:  Army Delays Anniston Incineration

The U.S. Army has agreed to delay the incineration of chemical weapons agents at an incinerator in Anniston, Ala., until a hearing can be held on an environmental group’s request for a temporary restraining order, the Associated Press reported today (see GSN, Aug. 5).

The Army was originally set to begin the incineration today.  U.S. District Judge Thomas Jackson, however, scheduled a hearing for Friday to consider a request by the Chemical Weapons Working Group for a temporary restraining order to delay the disposal process. 

An incinerator spokesman said the Army believes the judge would dismiss the environmental group’s request.

“The Army believes that it has fully complied with all legal requirements pertaining to the (incinerator) startup and emphasizes that public safety remains its primary concern,” spokesman Jim Abrams said (Associated Press/Washington Times, Aug. 6).

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United States II:  Officials Find Leaking Mustard Gas at Deseret Depot

Officials detected leaking mustard agent Monday at the Deseret Chemical Depot in Utah, the Tooele Transcript Bulletin reported yesterday (see GSN, Nov. 1, 2002).

Vapor from the mustard agent was detected during standard monitoring, and workers in protective suits discovered the leaking 155 mm munition.  About 1 teaspoon of the gas had leaked, and it was neutralized.

The surrounding area was not endangered, the Transcript Bulletin reported (Tooele Transcript Bulletin, Aug. 5).

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United States III:  Army Will Pay Fines for Johnston Atoll Violations

The U.S. Environmental Protection Agency has announced that the U.S. Army has agreed to pay a fine to resolve environmental violations at the now-closed nerve agent disposal plant on Johnston Atoll in the Pacific Ocean, the Honolulu Advertiser reported yesterday (see GSN, April 30).

According to the EPA, the Army has agreed to pay a fine of $91,125 to resolve alleged violations that arose from a December 2000 discovery of VX in a bin of incinerator ash, according to the Advertiser.  The Army has also agreed to spend more than $180,000 to restore native plants on part of the atoll. 

The Johnston Atoll nerve agent disposal facility was closed in 2001 (Jan TenBruggencate, Honolulu Advertiser, Aug. 5).

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United States IV:  Odor Concerns May Slow Treatment of CW Disposal Byproducts

Concerns about bad smells have prompted an Ohio air pollution control agency to demand improvements at a Dayton waste treatment plant before that facility receives a byproduct from the planned chemical weapon disposal operation at the U.S. Army’s Newport Chemical Depot in Indiana (see GSN, July 16).

The Regional Air Pollution Control Agency said the plant, operated by Perma-Fix Environmental Services Inc., has violated regulations.  Until it address concerns, the company should not accept a U.S. Army contract to dispose of 300,000 gallons of hydrolysate, which is created through the neutralization of VX, said agency Director John Paul.

“They need to convince us they can operate odor-free right now before they bring in new products that have a high probability of more odor,” Paul said.

Perma-Fix officials said they have worked to reduce emissions from the plant and are installing new equipment to control odors (Associated Press, Aug. 6).

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United States:  Groups Appeal to Courts to Stop Chemical Incineration

Environmental and public interest groups asked a U.S. court yesterday to block the incineration of chemical weapons at the Anniston weapons disposal facility in Alabama (see GSN, Aug. 1).

The U.S. Army is set to begin destroying sarin-filled rockets tomorrow.  The coalition asked for an injunction from the U.S. District Court for the District of Columbia, Reuters reported.

“It is no secret that this community is grossly unprepared for an incident with these weapons of mass destruction,” said Craig Williams, director of the Chemical Weapons Working Group, part of the coalition seeking the injunction.  “We are confident that when presented with the facts, a judge will come to that same conclusion,” he added (Verna Gates, Reuters/Planet Ark, Aug. 5).

To address local concerns about the impending incineration, county officials are distributing gas masks, portable air filters, plastic sheets and duct tape to the 35,000 residents who live closest to the depot.

“I’m nervous,” said Haley Joiner, an area hairstylist.  “People make mistakes.  What if they drop something?  Then what?  We’re dead,” she added (Ken Ellingwood, Los Angeles Times, Aug. 5).

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