Ft. Wingate propellant disposal

[Lenny Siegel <lsiegel@cpeo.org>]

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On July 29, 2004, the New Mexico Environment Department (NMED) sent a
letter to the Army and its Ft. Wingate, New Mexico tenant, TPL Inc. (not
to be confused with the Trust for Public Land), seeking information
pertaining to the disposal of ordnance at the closed Army base. The
heart of the letter states:

"On April 9-12, 2002, NMED staff members conducted a Compliance
Evaluation Inspection of the Facility. During the inspection, HWB
[Hazardous Waste Bureau] staff members observed, in addition to a number
of violations of the HWA [Hazardous Waste Act] and its implementing
regulations, approximately 12 million pounds of propellant and
approximately 800 105mm Howitzer practice rounds stored at the Facility.
Furthermore, TPL employees informed NMED that TPL had burned or
detonated propellant, products containing propellant, and other military
munitions at the Facility. Since the inspection, TPL has burned or
detonated propellant, products containing propellant, and other military
munitions at the Facility and at sites outside the Facility boundaries.

"TPL claims that the propellant (including Category C and D propellant)
and Howitzer rounds stored at the Facility are not solid waste as
defined under 40 CFR [section]266.202 because they can be and are being
recycled and are thus exempt from RCRA [Resource Conservation and
Recovery Act] regulation. In addition, TPL claims that the burning
and/or detonation of propellant, products containing propellant, and/or
other military munitions on- and off-site is also exempt from RCRA
permit regulations because it is done either to respond to an immediate
threat pursuant to 40 CFR [section]270.1(c)(3)(i)(D), to train
personnel, or for purposes of research, development and testing.

"To date, however, neither TPL nor Army has substantiated, through the
submission of appropriate information to NMED, that the storage and
alleged recycling of propellant and 105mm Howitzer practice rounds and
the burning and/or detonation of propellant, products containing
propellant, and other military munitions are exempt activities under
RCRA. NMED therefore requests that TPL and Army provide the following
information and supporting documentation to NMED ..."

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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