Depleted
Uranium Munitions Action Plan
(see previous updates below)
Uranium Shipments Action Plan
Updated November 1, 2004 by Glen Milner
Exemption DOT-E 9649, which allows the secret shipment of depleted uranium
munitions, has not been renewed at this time. Statements may still
be made to the Department of Transportation.
The best thing to do is:
1. Ask for public hearings on this issue.
2. Ask elected officials to voice opposition to the secret shipment
of radioactive munitions, allowed by DOT-E 9649.
3. Ask the DOT why the likely accident scenario involving fire and the
burning of depleted uranium has not been addressed by the DOT. The Department
of Defense has well documented the hazards of burning depleted uranium but
has chosen not to submit this information. The DOT needs to address
known hazards involving a fire and radioactive munitions.
4. Do not give up. See below what our efforts mean to the Department
of Defense.
A number of documents received last week show concerns of the Department of
Defense regarding this exemption:
An e-mail message from Mr. Joseph Dugan of the Military Surface Deployment
and Distribution Command (SDDC), dated May 13, 2004, was sent to branches
of the military and numerous military officials regarding DOT-E 9649. The
message stated, “We have a serious problem with the renewal of DOT-E
9649, it will expire on 30 June 2004. There are several environmental
groups opposing the renewal of this exemption: they have generated a grass
roots opposition plan to engage DOT with the intent to place DOT in a position
where they must take an adverse action with respect to the granting of renewal
of the exemption. This group is attempting to force Public Hearings
be conducted by DOT, this is unusual and not normally part of the renewal
process… If we do not present a solid and informative response
this exemption may very well be cancelled and if this is the case any material
you may have stored in the various known locations will be very difficult
to transport at some time in the future.” (bold type added)
An e-mail message dated August 18, 2004 from Mr. David Tripp, of the Army
Field Support Command/Joint Munitions Command, stated, “If this exemption
is not approved, we will need to bring all DU munitions into a maintenance
line for restencilling and labeling before shipping. All inventory is
stenciled with “DOT-9649”. This would have to be obliterated
and replaced/restenciled with the word “RADIOACTIVE”. The
1999 cost estimate for this, for just the Tank Rounds, was in excess of 10
MILLION DOLLARS, so it is critical that we do this testing and provide the
report to DOT ASAP.” (capital letters by Mr. Tripp, bold type
added)
A 45 minute teleconference discussion was held on August 5, 2004 by 22 military
and civilian individuals representing various branches of the military, calling
itself the DOT-E 9649 Advisory Working Group. A summary statement of
the call said that “5 Congressional Inquires concerning DOT-E 9649”
have been made as a result of our efforts.
If you have submitted comments regarding DOT-E 9649, please go to the DOT
Document Management System website, http://dms.dot.gov, and make sure your
statement is posted.
In the past 10 months I have received 17 statements in which copies were sent
to info@gzcenter.org. Of these 17 statements, only 12 are posted, indicating
that as many as 29 percent of the statements against the renewal of DOT-E
9649 have been misplaced.
If your statement is not posted, please submit it again to the Department
of Transportation. Please send a copy to info@gzcenter.org.
Statements regarding DOT-E 9649, may be viewed on the Department of Transportation
Docket Management System website at http://dms.dot.gov. At the bottom
left side of the webpage, go to Simple Search and enter 18576 for the Docket
Number. This website is intended for public viewing.
The Depleted Uranium Munitions Action Plan is a national and international
effort to stop the renewal of a special U.S. Department of Transportation
(DOT) exemption, DOT-E 9649, which allows the shipment of depleted uranium
munitions without a DOT “RADIOACTIVE” placard displayed on the
shipment.
The exemption was first applied for in 1986 when the Department of Defense
became aware that the shipment and use of radioactive munitions would become
a controversial issue. The DOT exemption must be renewed every two years
by the Department of Defense and was scheduled to be renewed on June 30, 2004.
At this time, in November 2004, the exemption has not yet been renewed.
Please send correspondence regarding DOT-E 9649 to:
Mr. Delmer Billings DHM-31
Director, Office of Hazardous Materials
Exemptions and Approvals
Department of Transportation
400 7th St. SW
Washington, D.C. 20590
Fax: (202) 366-3308
E-mail: delmer.billings@rspa.dot.gov
Please share this information with others and local officials.
The Depleted Uranium Munitions Action Plan was initiated by Ground Zero Center
for Nonviolent Action in Washington, Traprock Peace Center in Massachusetts,
Military Toxics Project in Maine, and Nukewatch in Wisconsin, in November
2003. Organizations such as the Twin Cities Phil Berrigan DU Group,
the Port Townsend Depleted Uranium Study Team, and the "Depleted”
Uranium Weapons Network of the Hudson Mohawk Region, have joined in.
There are currently over 225 statements regarding the renewal of DOT-E 9649
on the DOT website, including some very interesting statements from government
officials, organizations and individuals, and the Department of Defense. Whether
or not the exemption is renewed this year, in 2004, the process is far from
over.
The complete action plan is posted at http://www.grassrootspeace.org/du_mun_action_plan.pdf
or please contact info@gzcenter.org
for a copy.
See sample
letters to Dept. of Transportation
Updated September 9, 2004 by Glen Milner
If you have submitted comments regarding DOT-E 9649, please go to the DOT
Document Management System website, http://dms.dot.gov, and make sure
your statement is posted.
In the past 10 months I have received 17 statements in which copies were
sent to info@gzcenter.org. Of these 17 statements, only 11 are posted,
indicating that as many as 35 percent of the statements against the
renewal of DOT-E 9649 have been misplaced.
If your statement is not posted, please submit it again to the Department
of Transportation. Please send a copy to info@gzcenter.org.
Statements regarding DOT-E 9649, may be viewed on the Department of
Transportation Docket Management System website at http://dms.dot.gov.
At the bottom left side of the webpage, go to Simple Search and enter
18576 for the Docket Number. Comments related to specific medical and
technical aspects regarding depleted uranium munitions shipments, with
references to sources, would still be very useful. This website is
intended for public viewing.
The Depleted Uranium Munitions Action Plan is a national and
international effort to stop the renewal of a special U.S. Department of
Transportation (DOT) exemption, DOT-E 9649, which allows the shipment of
depleted uranium munitions without a DOT “Radioactive” placard
displayed
on the shipment.
The exemption was first applied for in 1986 when the Department of
Defense became aware that the shipment and use of radioactive munitions
would become a controversial issue. The DOT exemption must be renewed
every two years by the Department of Defense and was scheduled to be
renewed on June 30, 2004. At this time, in September 2004, the exemption
has not yet been renewed.
The Depleted Uranium Munitions Action Plan was initiated by Ground Zero
Center for Nonviolent Action in Washington, Traprock Peace Center in
Massachusetts, Military Toxics Project in Maine, and Nukewatch in
Wisconsin, in November 2003. Organizations such as the Twin Cities Phil
Berrigan DU Group, the Port Townsend Depleted Uranium Study Team, and the
"Depleted” Uranium Weapons Network of the Hudson Mohawk Region
have
joined in.
There are currently over 210 statements regarding the renewal of DOT,
including some very interesting statements from government officials,
organizations and individuals, and the Department of Defense. Whether or
not the exemption is renewed this year, in 2004, the process is far from
over.
The complete action plan is posted at
http://www.grassrootspeace.org/du_mun_action_plan.pdf
or please contact
info@gzcenter.org
for a copy.
Updated August 15, 2004 by Sheree (issued
by Glen Milner)
(see previous updates below) for the “Depleted”
Uranium Weapons Network of the Hudson Mohawk Region (DUWNHMR)
See
also Hudson, NY newspaper story below
See sample
letters to Dept. of Transportation
DOT-E 9649 has not been renewed yet. The ball is now “in the
court” of the Department of Defense, who need to respond to the Department
of Transportation letter excerpted below.
The US is one of several countries that have DU weapons, one of the many weapons
banned under the Geneva Convention because they harm innocent civilians and
their hazards persist after hostilities. Worldwide attention to such threats
is crucial.
In the US, a current focus is on the Department of Transportation exemption,
DOT-E 9649, which permits the Department of Defense to ship DU munitions without
a “radioactive” placard. First responders to an explosive
accident involving DU shipments on rails and roads could be unknowingly at
risk of inhaling radioactive smoke, as well as any who breathed the exploded
or burned DU particles. The DOD appears to be ignoring or discounting
some well-known information (see excerpts from 8/13 letter to Senator Clinton)
in its application for a renewal of DOT-E 9649. The precautionary principle
provides sound advice: in the face of credible evidence of harm, rather than
perpetuating the risk of that harm while research is done to provide definitive
scientific certainty, the burden should be on the product capable of such
possible harm, to prove that it is not harmful. Cigarettes and lead
poisoning are both good examples: it took decades to prove certain harm, though
evidence abounded that both were likely hazards to health.
It is imperative that the truths be brought out in the open, not only for
our firefighters and paramedics, but also for all who are affected by DU.
What can we do? Perhaps we could speak truths to power, to swiftly and
efficiently inform the department commissioned to defend us, and thereby render
a service. Doubtless the DOD would not wish to be seen by the public
in purposeful ignorance and willful denial on an issue of such crucial importance
not only to firefighters and paramedics, but also US troops in harm’s
way, to name just a few of the groups affected by DU. I wrote to my
Senator; I would not limit your responses! At any rate, some excerpts
below might prove helpful to you, should you wish to continue the quest for
truth in action.
DOT’s Docket Management System has posted public comments as well as
DOT and DOD correspondence on DOT-E 9649 at http://dms.dot.gov. At the
bottom left side of the page, go to Simple Search and enter 18576 for the
Docket Number. The DOT will evaluate publicly the comments received,
as part of the renewal process. Comments related to specific medical
and technical aspects, with references to sources, would still be very useful.
Excerpts from 6/24/04 fax from US DOT to US DOD, available on Docket #18576
U.S. Department of Transportation, Research and Special Programs Administration
...
Mark P. Wyrosdick, Major, US Air Force, Chief of Safety, US. Department of
Defense
Military Surface Deployment and Distribution Command, Operations Center
661 Sheppard Place, Fort Eustis, VA 23604-1644
Dear Major Wyrosdick:
... The regulations governing the transportation of radioactive materials
were revised on January 26,2004 … Your application should be prepared
consistent with these revised regulations which become mandatory on October
1,2004. Please provide the information on the following items:
1. Given the radiation levels associated with your material, please explain
and justify the classification of the material as limited quantity rather
than low specific activity material, class I (LSA-I).
2. As noted above, a recent rulemaking significantly changed the communication
standards (marking, labeling, placarding, and shipper’s certification)
for both LSA-I material and limited quantity material. Your application should
clearly reflect the new standards for the material classification requested.
3. Your application must provide a description of all relevant shipping and
incident experience, identify any increase risk to safety or property that
may result if the exemption is renewed, and describe the compensatory measures
to be taken to address that risk.
...
Sincerely,
Robert A. McGuire, Associate Administrator for Hazardous Materials Safety
Excerpts from my letter dated 8/13/04 to Senator Clinton
(from Sheree, DUWNHMR: sheree@nycap.rr.com (518)286-0359:
I am concerned that The Dept. of Defense is not addressing
the issue of probable adverse health effects from long term low level internal
radiation, such as would be experienced by inhaling DU particles from the
use of DU weapons. Moreover, the over-reliance and over-generalization
of the DoD on the Baltimore VAstudy, which involved, I believe, shrapnel wounds,
not inhalation, is disturbing. Moreover, the DoD appears to equate
the low level of radiation OUTSIDE THE BODY with the claim that
DU, is, therefore, not very harmful. The route of exposure is critical. DU
exposure to skin is not the most damaging, by far, nor is exposure in the
skin itself, nor is ingesting it, wherein much of it is flushed out.
The key danger in exposure is when it is inhaled, where particles emit low
level radiation CONTINUOUSLY, over long periods of time, as even one particle
may remain lodged in the lungs for years.
I am in receipt of a copy of the 6/25/04 letter from you
forwarding the 4/7/04 reply from the Deputy Assistant Secretary of Defense, Force
Health Protection and Readiness, Ms. Ellen P. Embrey, which was a reply
to a letter to you on March 10, 2004, signed by several New York State
organizations and sent on their behalf by Ms. Michele Riddell (cc'd above)
and Ms. Stephanie Hardy. None of the above issues were addressed, and
it is of great importance that they be addressed, not only in the matter of
DOT-E 9649, to inform first responders and people downwind in the event of
an explosive accident on highways or rails, but for our troops in harm's way
now, even at this very moment.
The Depleted Uranium Munitions Action Plan has been acted upon across the
United States in an effort to prevent the renewal of a special U.S. Department
of Transportation (DOT) exemption, DOT-E 9649, which allows the shipment of
depleted uranium munitions without a DOT “Radioactive” placard
displayed on the shipment.
The expiration date for the exemption was June 30, 2004. The complete
action plan is posted at http://www.grassrootspeace.org/du_mun_action_plan.pdf
or contactinfo@gzcenter.org for a copy.
Organizations sponsoring the Depleted Uranium
Munitions Action Plan: Ground Zero Center for Nonviolent Action, Poulsbo,
Washington : www.gzcenter.org E-mail:
info@gzcenter.org;Traprock Peace Center,
Deerfield, Massachusetts : www.grassrootspeace.org
E-mail: traprock@crocker.com; Military
Toxics Project, Lewiston, Maine www.miltoxproj.org
Email: mtp@miltoxproj.org; Nukewatch,
Luck, Wisconsin www.nukewatch.com
E-mail: nukewatch@lakeland.ws
Updated July 30, 2004 by Glen Milner (download
complete action plan - pdf
file)
Depleted Uranium Munitions Action Plan
Department of Transportation Docket Management System statements are posted
regarding DOT-E 9649. If you have sent a statement to the DOT regarding
this exemption, please see if your statement has been properly entered in
the public record. Many statements have not been posted.
This information can be accessed by going to http://dms.dot.gov
At the bottom and left side of the page, go to Simple Search. Then enter
18576 for the Docket Number. This should bring up three pages listing
133 entries on DOT-E 9649.
If your statement is not listed, you may send your statement again.
In addition, the renewal process is still open. You may send additional
statements. It appears the DOT has not yet addressed our concerns of
burning depleted uranium in the case of an accident involving depleted uranium
munitions. The Department of Defense has submitted statements indicating
depleted uranium munitions are less radioactive than previously believed.
Please look at this public website, and resubmit your statement if it is not
posted. Please address technical and scientific issues involved in depleted
uranium munitions shipments if you are able to do so.
I have submitted five different statements to the DOT on DOT-E 9649.
Only one is posted, a request for public hearings. I will resubmit the
four other statements and a new one.
DOT-E 9649 has not been renewed. Letters may still be sent to the Department
of Transportation.
The Depleted Uranium Munitions Action Plan is an attempt by activists across
the United States to prevent the renewal of a special U.S. Department of Transportation
(DOT) exemption, DOT-E 9649, which allows the shipment of depleted uranium
munitions without a DOT “Radioactive” placard displayed on the
shipment.
The expiration date for the exemption was June 30, 2004. The complete
action plan is posted at http://www.grassrootspeace.org/du_mun_action_plan.pdf
or contactinfo@gzcenter.org
for a copy.
Organizations sponsoring the Depleted Uranium Munitions Action Plan: Ground
Zero Center for Nonviolent Action, Poulsbo, Washington :
www.gzcenter.org E-mail: info@gzcenter.org;Traprock
Peace Center, Deerfield, Massachusetts : www.grassrootspeace.org
E-mail: traprock@crocker.com; Military
Toxics Project, Lewiston, Maine www.miltoxproj.org
Email: mtp@miltoxproj.org; Nukewatch,
Luck, Wisconsin www.nukewatch.com
E-mail: nukewatch@lakeland.ws
July 20 update:
I spoke with Mr. Delmer Billings of the Department of Transportation today
on July 20, 2004. He stated they were having problems transferring information
they scanned onto the DOT docket management system. He thought they
would have to scan all documents again.
Delmer Billings said of the Department of Defense that “the ball is
in their court.” He said that things will remain unchanged for
at least another two weeks. We have this time, and possibly more time,
to submit new information regarding DOT-E 9649.
Delmer Billings is also processing a Freedom of Information Act request I
have submitted regarding this issue.
Delmer Billings, and others in the Exemptions and Approvals office of the
DOT, seem to be conscientious about their jobs. They appear to be understaffed
and overworked, but serious about public safety.
The following concerns previous discussions:
The following is updated information based on discussions with Mr. Delmer
Billings of the Department of Transportation on May 3, 2004 and July 9, 2004
and a letter from the U.S. Army to Congressman Jay Inslee dated July 6, 2004:
DOT-E 9649 has not been renewed. Mr. Delmer Billings of the DOT
stated on July 9, 2004 that his agency is waiting for further information
regarding the shipment of depleted uranium munitions. The U.S. Army
Military Surface Deployment and Distribution Command (SDDC, formerly MTMC),
which manages the shipment of depleted uranium munitions, has been granted
a time extension in order to provide information requested by the DOT.
Congressman Jay Inslee (north Seattle area) received a letter dated July
6, 2004 from Major General Ann Dunwoody, of the U.S. Army, SDDC, that stated,
"...the Department of Defense shipped depleted uranium munitions
in the United States and overseas in both 2003 and 2004. DOD used DOT-E
9649 for those shipments." This statement directly
contradicted a statement by Major Mark Wyrosdick, of the U.S. Army, SDDC,
in the March 2, 2004 renewal application for DOT-E 9649, which said, "There
were no shipments made by DOD using this exemption..."
Congressman Inslee also received a statement from the DOT dated July 6,
2004 which said the DOT is still reviewing the exemption.
Mr. Delmer Billings, Director of the Office of Hazardous Materials of the
Department of Transportation (DOT), stated on May 3, 2004 he thought he
had received approximately 50 to 75 statements against the exemption renewal
through e-mail and the postal service. It is likely activists have sent well over 100
letters or e-mail messages to Delmer Billings against the renewal of this
exemption.
Mr. Billings stated on July 9, 2004 that the DOT would soon be placing all
letters, messages and documents regarding the renewal of DOT-E 9649 on the DOT docket management system which will be available
for viewing online at http://dms.dot.gov. Mr. Delmer said the docket
number should be available around July 16, 2004.
Statements by activists may still be made to the Department of Transportation
regarding DOT-E 9649. Mr. Billings stated on July 9, 2004 that
he did not know why U.S. Army officers of the same military command, managing
depleted uranium shipments, would give contradicting statements about whether
the exemption is used. Mr. Billing also stated he could not deny the
application for renewal until the Department of Defense is given the chance
to respond to opposing allegations.
A related statement from 1998: A letter from the Chief of the Transportation
Operations Team, E. M. Jones, of the Department of the Army dated December
3, 1998, to the Commander of the Military Traffic Management Command stated
that DOT-E 9649, at that time, needed to be renewed. The
letter stated the current exemption expired on December 31, 1998. The
letter stated, "The requirements for military shipments of munitions
containing components made of depleted uranium has not changed."
The Chief of the Transportation Operations Team further stated, "Historically,
we have shipped millions
of tons of this type of ammunition without
incident under this exemption since this exemption was first approved." (emphasis added--note that just 2 million
tons over the 12 year period since DOT-E 9649 had been approved would average
166,000 tons of depleted uranium munitions shipped under this exemption each
year.)
I apologize for the delay in reporting on this issue. Congressman Inslee
had been trying since May 20, 2004 to obtain the statement from the U.S. Army
that the exemption is used by the military. I will post the docket
number for DOT-E 9649 when it is available.
I can be contacted at gkaajm@juno.com
or at (206) 365-7865. Glen Milner
The following is from the original Depleted Uranium Munitions Action Plan:
What to do:
Contact the Department of Transportation Exemptions division and ask that
the DOT immediately terminate and not
renew DOT-E 9649. Depleted uranium munitions should have a
"Radioactive" placard and an "Explosives" placard on shipments.
Depleted uranium is an extremely toxic material and much more dangerous when
shipped with an explosive propellant as in the case of DU munitions.
In case of a fire, first responders (local police and fire fighters) would
have no idea the shipment contained radioactive material. The public
has a right to know about hazardous shipments through their communities.
Send correspondence regarding DOT-E 9649 to: Mr. Delmer Billings
DHM-31
Director, Office of Hazardous Materials, Exemptions and Approvals
Department of Transportation 400 7th St. SW, Washington, D.C.
20590
Fax: (202) 366-3308 E-mail: delmer.billings@rspa.dot.gov
Please also (if you want) send a copy to info@gzcenter.org Please share this information with others and local officials.
Organizations sponsoring the Depleted Uranium Munitions
Action Plan:
Ground Zero Center for Nonviolent
Action, Poulsbo, Washington
: www.gzcenter.org
E-mail: info@gzcenter.org;Traprock
Peace Center, Deerfield,
Massachusetts : www.grassrootspeace.org E-mail: traprock@crocker.com;
Military Toxics Project,
Lewiston, Maine www.miltoxproj.org
Email: mtp@miltoxproj.org;
Nukewatch, Luck, Wisconsin www.nukewatch.com
E-mail: nukewatch@lakeland.ws
http://www.zwire.com/site/news.cfm?newsid=12402488&BRD=248&PAG=461&dept_id=462341&rfi=6
Nuke ammo transport worries county
By: JACK MABB
The Independent
07/20/2004
HUDSON-At any given time radioactive material in the form of depleted uranium
from nuclear power plants and munitions may be traveling the rails and roadways
of America.
And while local officials understand
the need for security surrounding these shipments, a growing number of them
also say the safety of local first responders, responding to a train or truck
accident involving these shipments, must be considered.
Last week, Columbia County supervisors
voiced their concerns on the subject following a request from the Ulster County
Legislature.
"We need to protect our first responders
at all cost. It isn't fair that they have no clue what they are dealing with,"
says Susan Zimet, a member of the Ulster County Legislature. She sponsored
a resolution in her county that calls on the federal Department of Transportation
not to renew DOT-E9649, a regulation that allows the Military Management Command
to transport explosives and radioactive material with only an "explosive"
placard affixed to the container. In the event of an accident that released
the material, first responders coming to the scene would have no knowledge
of the potential radioactive danger.
The regulation expired June 30 of this
year. And Ms. Zimet says the DOT has listened to those opposed to continuation
of the regulation and has not yet
renewed it. In May, the Ulster County
Legislature unanimously approved the resolution calling for the DOT to require
identification of radioactive cargoes. The Columbia County Board of Supervisors
adopted a similar resolution at its meeting last week.
While Columbia County seems far removed
from weapons production and nuclear power plants, the threads that link this
county with other vulnerable communities are the two CSX rail lines that pass
through eight towns here.
Ms. Zimet says Ulster's emergency management
director tried to find out the routes and times the material is shipped but
ran into a brick wall of silence.
She says federal officials were "not
forthcoming on information of the route or manner the material was transported
over." Ms. Zimet says at one point some radioactive material was produced
in the Albany suburb of Colonie, which leads here to believe "that material
passed though our counties at some time."
Opponents of the regulation describe
DU as "extremely toxic material," with the danger increased when
it is shipped as part of munitions. One group, Nukewatch, in Luck, Wis., says
an accident with these weapons could have the effect of igniting what the
federal government has described as "dirty bomb," a device the government
has said terrorist organizations might try to build and detonate.
County Fire Coordinator James Van Deusen
says it is a good idea to mark the containers to give first responders a fighting
chance. "If they get there and then discover what it is I think they
will be out of luck," he says. He adds that while firefighters are taught
to check the scene for their own safety first, the drive to help may overwhelm
that learned prudence.
"Know what you're getting into-we
teach it all the time. But in the heat of a call sometimes it's how fast can
you get there," he says.
While train transport is relatively safe,
the Department of Transportation reports that there are 2,000 derailments
and 7,300 train accidents annually.
The Military Management Command has said
that because of the risk of terrorism, a cask ruptured on purpose is essentially
a dirty bomb, and the government needs to keep security on the shipments tight.
Ms. Zimet understands the argument, but she wonders why in lieu of a placard
on the cars or trailer identifying radioactive materials local emergency management
offices couldn't be notified of nuclear materials transportation routes and
times.
"I believe that they believe they
need to keep this a secret, but that doesn't mean we stop worrying about our
first responders," she says.
Mr. Van Deusen agrees that prior notification
could work well as long as that notice is well ahead of the transport.
©The Independent 2004
Thanks, Sheree, for bringing this article to our attention.
July 12, 2004
