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120359204
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WTI [Waste Technologies Industries]-Applegate Amendment
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120359204
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WTI [Waste Technologies Industries]-Applegate Amendment
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Records of the Council on Environmental Quality (Clinton Administration)
Kathleen McGinty's Files
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FOIA Number: 2012-0769-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the William J. Clinton
Presidential Library Staff.
Collection/Record Group:
Clinton Presidential Records
Subgroup/Office of Origin:
Council on Environmental Quality
Series/Staff Member:
Kathleen (Katie) McGinty
Subseries:
OA/ID Number:
2888
FolderID:
Folder Title:
WTI [Waste Technologies Industries] - Applegate Amendment
Stack:
Row:
Section:
Shelf:
Position:
S
61
5
10
1
JUL 30 '92 11:50
FROM GREENPEACE, USA-D.C.
PAGE. 002
SUPPORT APPLEGATE/TRAFICANT EAST LIVERPOOL INCINERATOR AMENDMENT
July 29, 1992
Dear Representative,
If the House considers the reauthorization of the Resource
Conservation and Recovery Act (RCRA) in the coming weeks, the
organizations listed below urge you to support an amendment to be
offered by Representatives Douglas Applegate (D-OH) and James
Traficant (D-OH). As you know, the RCRA bill (H.R. 3865) that was
reported out of the Energy and Commerce Committee is completely
unacceptable. Among the bill's deficiencies is its failure to
address any hazardous waste issues. For over a decade, the
residents of Ohio, West Virginia, and Pennsylvania have been
battling the proposal, construction, and possible operation of the
Waste Technologies Industries (WTI) hazardous waste incinerator
located on the Ohio River, 1,100 feet from an elementary school in
East Liverpool, Ohio. Last week an EPA Environmental Appeals board
acknowledged irregularities in the EPA's permitting process of this
incinerator but also cleared the way for a test burn of waste at
the facility as early as this summer.
The Applegate/Traficant amendment would prohibit operation of the
WTI incinerator until a study by the General Accounting Office was
completed. With the poor history of compliance at hazardous waste
incinerators and outstanding questions regarding the permitting
process at the WTI facility, this amendment is the least Congress
should do for this community. We urge you to support this
amendment by allowing it to be in order when RCRA is moved to the
floor and to vote for it at that time.
There have been many environmental and legal questions raised
regarding this facility. There are potential illegalities involved
in the manner in which the permits for this facility were obtained.
There are also questions about its siting; the facility is on a
flood plain of the Ohio River, over two aquifers which are sources
of water for millions of households, 1100 feet from an elementary
school and a college, 300 feet from the nearest home, in a valley
where air inversions (occurring two out of every three days) and
valley stagnation can trap toxic emissions. The stack barely
clears the rooftops of many homes up hill from the facility.
While Ohio's Governor George Voinovich has proposed a moratorium on
new hazardous waste incinerators in the state, he has exempted the
East Liverpool facility from his proposal. Yet the Governor's own
press release protests the fact that Ohio already has 20 percent of
the nation's capacity for hazardous waste incineration and he does
not want more out of state waste brought in. WTI's incinerator,
with the largest capacity in the world on the border of West
JUL 30 '92 11:51 FROM GREENPEACE, USA-D.C.
PAGE. 003
Virginia and Pennsylvania, ewould attract huge amounts of new waste
from other states.
Numerous appeals and investigations are currently in process.
Yet, the Environmental Protection Agency is allowing the facility
to proceed. This is clearly a slap in the face of the residents of
the Ohio, West Virginia, Pennsylvania tri-State area and democracy
everywhere:
Thank you for your consideration of this important amendment.
Sincerely,
Phil Clapp/Ken Brown
Carl Casebolt
Clean Water Action
National Council of Churches
Lisa Collaton
Rhona Kisch
Environmental Action
Natural Resources Defense Council
Nikki Roy
Daniel Weiss
Environmental Defense Fund
Sierra Club
Rick Hind
Carolyn Hartmann
Greenpeace
U.S. Public Interest Research Group
Marchant Wentworth
will Collette
Izaak Walton League of America
Western Organization of Resource
Councils
Ross Bluestein
National Toxics Campaign
JUL 30 '92 11:52 FROM GREENPEACE, USA-D.C.
PAGE. 004
ENVIRONMENTALISTS, CHURCHES AND LABOR SUPPORT
THE METZENBAUM INCINERATOR AMENDMENT
May 19, 1992
Dear Senator,
The undersigned organizations support strict conditions on any
new hazardous waste incinerators and other hazardous waste
combustors. An amendment to be offered by Senator Metzenbaum this
week will not allow the operation of the world's largest proposed
hazardous waste incinerator in East Liverpool, Ohio until all state
and Federal administrative or court actions and appeals have been
exhausted. This is an important first step in setting conditions
on hazardous waste incinerators.
We strongly urge you to vote for the Metzenbaum amendment this
Wednesday, May 20 in the RCRA mark up. Even if this amendment is
included in S. 976, the bill would still have no meaningful impact
on the rest of the nation's solid waste problems.
Sincerely,
Phil Clapp
Ed Hopkins
Clean Water Action
Ohio Citizen Action
David Gardiner
Rick Ramm
Sierra Club
Communications Workers of
America, Local 4300
Terri Swearingen
Tri-State Envrionmental
Lisa Collaton
Council
Environmental Action
Karen Florini
Carolyn Hartmann
Environmental Defense Fund
U.S. Public Interest
Research Group
Rick Hind
Greenpeace
Dave Kimmel
United Auto Workers
Carl Casebolt
Local 1714
National Council of Churches
Ross Bluestein
Lawrence R. Mallas
National Toxics Campaign
United Steelworkers of America
Local 1190
Linda Greer
Natural Resources Defense Fund
JUL 30 '92 11:52
FROM GREENPEACE, USA-D.C.
PAGE 005
THE NEW YORK TIMES NATIONAL FRIDAY. MAY 8. 1992
2 Admit E.P.A. Violated Hazardous Waste Law in Issuing Permit
By KEITH SCHNEIDER
Special: The New York Times
WASHINGTON, May 8 - The Envi-
ronmental Protection Agency admitted
today that it violated the nation's haz-
ardous waste law when it issued an
operating permit in 1983 for an Ohio
toxic waste incinerator owned by a
financier who has been an important
campaign contributor to both major
political parties.
The admission came at a public
hearing by a House Judiciary subcom-
mitter examining the agency's role in
permitting a consortium of American
and European investors to build the
incincrator, one of the nation's largest,
on a flood plain along the Ohio River in
East Liverpool, 400 feet from houses
and 1,100 feet from an elementary
school.
The investor who started the project
in 1980 was Jackson T. Stephens. chair-
man of Stephens Inc., one of the na-
tion's largest investment banking com-
nes, in Little Rock, Ark. Mr. Ste-
phens has been close to President Bush
influential in the campaigns of
Gov. Bill Clinton of Arkansas.
No evidence was presented at to-
day's hearing to suggest that Mr. Ste-
phens had pressured the Government
to grant the permit.
An Incomplete Permit
Under questioning by Representa-
ave Barney Frank, a Massachusetts
Bemocrat who heads the House Judi-
clary Subcommittee on Administrative
Law and Governmental Relations, two
officials from the environmental agen-
Jose R. Laper The New York Times
Y's regional office in Chicago admit-
ted that the Government had violated
A House Judiciary subcommittee yesterday heard
incinerator in Ohio. Appearing before the panel
are hazardous waste law in 1983 by
the Environmental Protection Agency admit it had
were Hugh Kaufman, an E.P.A. engineer. and
Issuing the operating permit, even
acted illegally in issuing a permit for a waste
Terri Swearingen, an environmental activist.
though the permit was incomplete.
-The officials said the omission was
afinor and technical But critics at the
sue the investigation. "It looks like
health threats, including dangerous by
hearing today, including residents of
Regulators are
there was an undue eagerness to issue
products emitted into the air and tho:
deighboring communities and Hugh
this permit." he said. "At the very
sands of tons of toxic ash that must t
man, an engineer for the environ-
termed too cozy
least, what happened is offensive to our
disposed of anyway in special landfill
mental agency who helped write the
concept of law. More than that. it raises
Mr. Stephens has raised $100,000 ft
said the Government's eagerness
@ grant the permit was evidence of
with industry.
questions that have not been answered
the Clinton Presidential campaign an
here and need to be."
has extended $2 million in credit to th
ceziness between the agency and the
in 1984, six months after the environ-
campaign through a bank partly owne
industrial companies it regulates.
mental agency granted the construc-
by his family. He also contribute
"Omitted from the permit was the
another violation of the law.
tion and operating permit in East Liv.
$100,000 to the Republican Party an
name of the owner of the land on which
Ms. Ginsburg and Mr. Muno said-the
erpool. Ohio legislators established
he and his wife were hosts to an Ina
the incinerator was to be built, the
violations of the hazardous waste law
new rules that forbid commercial haz-
gural party for President Bush in 198
Columbiana County Port Authority in
were minor "technical mistakes" that
ardous waste installations as flood
in 1990 he sold his interest in th
Ohio. The 1976 Resource Conservation
would not affect the safety of the incin-
plains or so close to homes and schools.
East Liverpool incinerator, accordir
and Recovery Act, the nation's hazard-
erator or the Government's ability to
There are 18 commercial hazardous
to a spokesman for his company
ous waste law, expressly directs all
oversee its operation. The officials said
waste incinerators operating in the
Little Rock. The incinerator, whic
Sazardous waste permits to include the
they had no intention of asking the
United States. and more than a dozen
could generate revenues of $50 millic
name of land owners to identify those
company to reapply for the permit.
others are planned or close to going
10 $100 million annually, is now sole
liable in case of an accident
Mr. Kaufman, an engineer who
into operation, according to the envi-
owned by Von Roll America. the Ame
"The two E.P.A. efficials. William
helped to write the hazardous waste
ronmental agency. in addition, more.
ican subsidiary of Von Roll A.G.
Muno, an associate division director,
law, said the alteration of the operating
than 100 smaller incinerators are pri-
Swiss engineering company. The plan
and Gail Ginsburg, the agency's re-
permit was a violation of the Resource
vately operated around the country by
is nearly finished and will be ready (
gional counsel in Chicago, said that
Conservation and Recovery Act. He
chemical companies disposing of their
begin operating this summer, said D.
while the port authority's officials had
called for a special prosecutor to inves-
own wastes.
Blake Marshall, president of Von Ro
repeatedly made clear that they did not
tigate
The Bush and Reagan Administra-
Inc.
Nant to be named on the permit, appar-
"This case is a symptom of a nation-
tions have backed incineration as one
But the plant's future is still unce
eatly to avoid potential liability, the
al problem that demonstrates that the
of the favored technologies for treating
tain. West Virginia has filed a lawsu
edvironmental agency this year wrote
E.P.A. process for regulating the waste
texic waste. calling it safer than dispos-
against the Federal agency. the Stat
the authority's name on the permit
disposal industry is riddled with-deceit
ing of such waste in the ground. But a
of Ohio and the plant's owners, asser
anyway to fix the earlier omission
and deception at best, and fraud at
growing number of critics, including
ing that the operating permit is illege
Ms. Ginsburg said the permit was
worst,' Mr Kaufman said.
environmental scientists. say incinera-
and the incinerator is a potential three
modified without any nublic comment
Mr Frink said his namel would our-
tion leads to new ecological and public
10 citizens in the Ohio River Valley.
**
OTAL PAGE. 005 **