Review of the Army Non-Stockpile Chemical Materiel Disposal Program Disposal of Chemical Agent Identification Sets (1999) / Chapter Skim
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Appendix D: Legal Context for CAIS Disposal
Appendix D: Legal Context for CAIS Disposal
Pages 125-135
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From page 125... ...
One of the primary factors that the Arrny believes contributes to the high costs of CAlS disposal is the legal restriction on the use of federal funds to transport or dispose of lethal chemical warfare agents (50 U.S.C.
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From page 126... ...
In disposing of chemical warfare materiel (CWM) , the Army must use "adequate and safe facilities" designed "solely for the destruction of lethal chemical agents and munitions" (50 U.S.C.
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From page 127... ...
Several similar, but different, statutory definitions could apply to CATS and, indeed, to much of the non-stockpile and stockpile chemical agents. Similar, but slightly different, terms (lethal chemical warfare agent, lethal chemical agents and munitions, lethal chemical weapons and munitions, chemical agents and munitions, chemical munitions, chemical weapons, toxic chemicals, chemical warfare materiel, and chemical agents)
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From page 128... ...
Lethal chemical agent annears not to be intended to 0__= ~ _w wow rr~~^~ ^~~~ ~~ I ^~ include chemical agents used for testing. The definition of munition or warfare materiel seems to be inextricably linked to the intent in designing the device.
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From page 129... ...
Thus, EPA already considers that the federal hazardous waste regulatory disposal requirements are appropriate for handling chemical agents safely. Therefore, nothing in the federal hazardous waste regulations prohibits the processing of CAlS commercially as hazardous waste.
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From page 130... ...
As a practical matter, therefore, EPA and/or the state regulatory body are likely to require a site-specific permit modification. MAXIMUM PROTECTION OF HUMAN HEALTH Introduction The statutory scheme for the disposal of stockpile chemical agents requires that the Army provide "maximum protection for the environment, the general public, and the personnel who are involved in the destruction of the lethal chemical agents and munitions" (50 U.S.C.
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From page 131... ...
642; NRDC v. EPA, 6Natural Resources Defense Council, Supplemental Comments of NRDC on the Environmental Protection Agency National Emissions Standards for Hazardous Air Pollutants: Proposed Standards for Benzene, 1989, p.
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From page 132... ...
EPA, a state, or other regulatory body can impose additional health and safety requirements on permitted facilities receiving CAIS for Reagent. EPA distinguishes between wastes left in situ and wastes that have been excavated and moved out of the area of contamination at a Superfund or hazardous waste corrective-action site.
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From page 133... ...
Thus, the RRS must meet federal and state hazardous waste permitting requirements. EPA or a state can also impose additional health and safety requirements governing the treatment in place of CAlS through the permit process.
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From page 134... ...
Whether public notification prior to accepting CAIS materiel at a cornrnercial facility is required is a complex question. However, failure to notify the public near the commercial facility that the facility is considering accenting CAIS could present si significant nrnhlem~ ~ __ , _ _ ~,,~.__^ .,,e, a- -- -- cat ~ ~ rip o~~~~~~~~~~ or EPA, the state, and other regulatory bodies can impose additional health and safety requirements on permitted facilities receiving CAlS for treatment.
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From page 135... ...
1988b. National emission standards for hazardous air pollutants; benzene emissions from maleic anhydride plants, ethylbenzene/styrene plants, benzene storage vessels, benzene equipment leaks, and coke by-product recovery plants.
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