Administration
Mining Regulations and Reclamation
Water Pollution Control
Facismile 687-5856

Air Quality
Water Quality Planning
Facismile 687-6396

Gerald Johnson, Manager
Nevada Operations Office
Department of Energy
P.O. Box 98518
Las Vegas, NV 89193-8518

Dear Mr. Johnson:

This office has received verbal and written inquires from Nevada business interests about a proposal to process and dispose of Napalm munitions that are currently stored in southern California. We also have reason to suspect that lands and facilities in Nevada that are under the jurisdiction of the U.S. Department of Energy and/or the Department of Interior, Bureau of Land Management are being considered for this activity.

   The Napalm in question belongs to the U.S. Navy, Southwest Division, Naval Facilities Engineering Command. They currently store this "Vietnam era" Napalm at the Navy's Weapons Support Facility in Fallbrook, California. Fallbrook is approximately 60 miles north of San Diego. The inventory consists of about 34,000 aluminum canisters packaged in individual wooden crates. The canisters contain a total of 23,000,000 lbs. of Napalm or 3.3 million gallons. (Napalm is composed of [46%] polystyrene, [33%] gasoline and [21%] benzene.)

   Federal authorities are regulating the current "removal action" for disposition of the Napalm and associated materials under CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act). The owner of the material and lead federal agency is the Department of the Navy, however, the Department of Energy (DOE), through the Battelle Laboratory (PNNL), is providing certain technical and management functions for the removal actions. The current plan calls for on-site demilitarization and separation (at the Navy's facility in Fallbrook) resulting in three hazardous waste streams, i.e., wood, Napalm and contaminated aluminum scrap.

   The Navy had planned to ship the Napalm to Chicago, Indiana (via truck to Camp Pendleton CA, and then rail to Chicago) for treatment "conversion" into a substitute fuel by Pollution Control Industries (PIC). The fuel was to be used in various cement manufacturing facilities. The aluminum scrap was slated for "treatment" through solvent cleaning before recycling, and the wood crates for burning at an energy a co-generation facility in Oklahoma.

   Press reports now say that Pollution Control Industries Inc. in East Chicago has "bowed out of the contract" in the face of political and community pressure. Critics have stated that the Navy failed to reveal its intentions to residents along the shipping routes or in the community that is home to PIC Inc. Needless to say, the entire issue has gained notoriety through both local and national media coverage.

   While the State of Nevada has not received a formal request concerning a disposition program for the referenced waste streams, we do suspect that facilities on the Nevada Test Site, the Tonopah Test Range and/or on other public/private lands in Nevada are being considered for such an activity. If this is the case, we fully expect to be formally notified by the lead federal agency(s) involved. Such notification would be required to discuss several programmatic issues such as legal "land use" constrains, mandatory state regulatory requirements, and federal compliance with public disclosure and alternative assessments per the National Environmental Policy Act. Such notification should be directed to the Nevada State Clearinghouse.

   In a related matter, State officials in Nevada are aware that the preferred mode of transport for the referenced waste streams would be by rail. As you know, the Nevada Test Site and the Tonopah Test Range are devoid of rail access. Furthermore, Clark County along with the cities of Las Vegas, North Las Vegas and Boulder City have passed resolutions requesting that DOE not ship Low-Level Radioactive Waste (LLW) through the Las Vegas Valley. While Napalm is not LLW, there is no reason to believe that public perceptions about the hazards associated with the transportation of these noxious materials will differ. In fact, the negative imagery associated with exploding Napalm may exceed public fears about things "radioactive".

   In any event, when considering the volume of rail/to truck shipments (500+) that would be need to move the Napalm waste stream, State officials believe Nevadans will experience the same "perceived" risks over the transport of this material as recently depicted in the national media (i.e., the rail shipments from California to Chicago IN ).

   If we can be of further assistance concerning any conceptual discussions and/or initial coordination of this or other proposals involving Department of Energy facilities in Nevada please contact me (702 -687-4670 ext 3039) or John B. Walker (ext 3027) of my staff.

Sincerely,

Paul J. Liebendorfer, P.E.
Bureau of Federal Facilities

PL/jbw
cc:

Governor Bob Miller
Nevada Congressional Delegation
Pete Morros\Lew Dodgion\ Allen Biaggi, Dept. C&NR
Robert R. Loux, Governor's Office - NWPO
Maud Naroll, Nevada State Clearinghouse
Lee H Saunders, U.S. Navy (SD-NFEC)
Colonel Michael Fukey, Nellis AFB
EPA Region IX
State Director, Nevada BLM
Local Governments
Terry A. Vaeth, VEI Enterprises