The Colorado Department of Public Health and the Environment’s (CDPHE) Hazardous Materials and Waste Management Division filed a lawsuit in U.S. District Court in April to compel the U.S. Army to comply with standards set by Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly known as Superfund. There are “four claims for relief” that range from lack of dewatering of the Shell Trenches to demanding the Army provide a plan concerning surface water standards for former Basin E.
A copy of the lawsuit is located here: RMA_19cv1105_CDPHE sues Army_April2019
A newish CRS report titles Human-Induced Earthquakes from Deep-Well Injection briefly discusses the Army Chemical Corps decision to dispose of its wastes through deep-well injection. The CRS report describes the process, that lead to
an M 4.8 earthquake that struck northeast Denver, on August 9, 1967 was generally accepted as the largest recorded human-induced earthquake in the United States. The M 4.8 earthquake was part of a series of earthquakes that began within several months of the 1961 start of deep-well injection of hazardous chemicals produced at the Rocky Mountain Arsenal defense plant. The earthquakes continued after injection ceased in February 1966.21 The disposal well was drilled through the flat-lying sedimentary rocks into the underlying older crystalline rocks more than 12,000 feet deep, and injection rates varied from 2 million gallons per month to as much as 5.5 million gallons per month.
I recently came across this short film titled The Devil’s Bargain created by students whose school is in proximity to RMA:
Confusing letters between the RMA Subcommittee and the EPA on 10 x -6 risk and Superfund.
Readers are advised to scan over 40 CFR 300 before reading our letters; our assumption was that cleanup standards/cancer risk for RMA would follow 10 x -6 as outlined in the National Contingency Plan, not 10 x -4 as applied to the Arsenal and in many CERCLA cleanups.
History, lots of history…
- The Blue Book (Parts 1 and 3 not included).
- CDPHE  Citizen Health Summary.
- CDPHE press release on the 10th Circuit decision.
- Chemical Agent Program History [no author – a contractor doc?].
- City and County of Denver comments on the Onpost proposed plan.
- Colorado Dept. of Health , Chemicals & Spills.
- Colorado Dept. of Health , Concerns, Offpost Proposed Plan.
- Conceptual_Agreement, Sierra Club comments, .
- Corrective Action Management Unit, Sierra Club comments to CDPHE, : The Arsenal was one of the first federal facilities to reinvent cleanup via the CAMU. It is my understanding the original intent of the CAMU was to provide a framework for the development and use of alternative and innovative technologies by allowing flexibility in the Resource Conservation and Recovery Act (RCRA) Land Disposal Rule (LDRs). But at one time, the use of CAMU subverted the LDRs rule by allowing untreated dioxin laden waste landfilled without treatment. This capricious misapplication of the rule is contrary to the law, and was not the intent of Congress, the EPA and the Colorado Hazardous Waste Commission which promulgated LDRs. EPA changed requirements in 2002 [see 3.3 of this EPA doc].
- Department of the Army , Review and Analysis.
- Draft EIS, USFWS wildlife refuge, Sierra Club comments to USFWS .
- Daigle v. Shell Oil.
- EPA Factsheet on RMA,  | EPA Q&A on the SQI [Submerged Quench Incinerator].
- EPA , Operation of the Basin F Liquid Incinerator.
- Hazardous Spills and Leaks .
- History of Basin F.
- History of Building 1727.
- History of the Complex Trenches.
- History of the Hydrazine Blending and Storage Facility [owned by the Air Force but operated by RMA from 1962-82].
- History of the M1 Settling Basins.
- History of the Motor Pool area.
- History of the NW Boundary System.
- History of Rocky Mountain Arsenal .
- Installation Action Plan [March, 1997; no author].
- Kuznear, Casimir and Trautmann, William L. History of Pollution Sources and Hazards at Rocky Mountain Arsenal [September 1980].
- Labaton, Stephen. [1987, Nov. 16]. Business and the Law; Big Courtroom For Toxic Web. The New York Times.
- Larry Land testimony [100th Congress, 1st session, H.R. 816 allowing rancher Larry Land, to bring suit against the Army for DIMP (diisopropylmethyl phosphonate, a byproduct of Sarin) contamination and related health problems].
- Rep. Pat Schroeder  requesting waste history from the Army.
- RMA waste to Fountain Landfill [n.d.].
- Program Manager for Demil of Chemical Materiel, Project Eagle, Phase II, Disposal of Bulk GB, M34 Cluster .
- Program Manager RMA Contamination Cleanup, Rocky Mountain Arsenal: An Organizational Historical Perspective .
- Program Manager for Rocky Mountain Arsenal, Authorized Access to and Allowable Activities at Rocky Mountain Arsenal .
- South Plants Remediation Survey.
- State of Colorado comments on the endangerment assessment.
- State of Colorado’s Conceptual Cleanup Agreement press release from Lt. Gov. Gail Schoettler .
- Toxic Tours at Rocky Mountain Arsenal [Sierra Club, 1998] | Sierra Club Rocky Mountain Arsenal Subcommittee letter regarding school tours to view wildlife during Superfund cleanup activities.
- Use and Storage of 2,4-D Spraying History.
- Waste Disposal, A National Problem [author unknown; info on deep well injection, the basins, and pollution].
- Why We Need Good Info to Cleanup Bad Places.
Perhaps the most controversial party to RMA cleanup, on April 30, 1952, Shell Oil purchased Julius Hyman & Company, which manufactured “high-potency insecticides.” Hyman officially became integrated into Shell on January 1, 1955 [see Kendall Beaton’s Enterprise in Oil: A History of Shell in the United States, Appleton-Century-Crofts, 1957].
A few scanned files:
- Ben Nighthorse Campbell  calls for Shell to cleanup RMA | Shell responds
- The (infamous) Blue Book (Parts 1 and 3 not included).
- Colorado Department of Health to Shell: Cease and Desist, 
- Colorado Department of Health to Shell regarding “unauthorized discharge of pollutants” 
- Congresswoman Pat Schroeder asking the Secretary of the Army for records on Shell releases 
- Cooperative Agreement between the Colorado Wildlife Federation, the National Fish and Wildlife Federation, Shell Oil Company, the U.S. Army Program Manager’s Office at the Rocky Mountain Arsenal, and the U.S. Fish and Wildlife Service
- Diana Hembree and William Kistner’s Shell Game article on No Pest [Vapona] strips that were once manufactured at RMA [E Magazine, December 1992] | Denver Post article written by Mark Obmascik Vapona & testing on infants [missing the second page, so head to your local library]
- Maret, Why We Need Good Info to Cleanup Bad Places
- Shell, Declaration of Covenants 
- Shell Oil Co. v. Winterthur Swiss Ins. Co and “willful acts.”
- Shell responds to reporter Mark Obmascik’s Denver Post articles on cleanup costs | Holmes, Roberts & Owen’s letter to the editor defending Shell’s involvement as a Principle Responsible Party (PRP)
- Shell’s Concepts in Remediation 
- Shell’s Statement of Settlement Issues [September, 1994]
In 2000, a press release was drafted from us gals in Sierra Club and the Chem Weapons Working Group (CWWG ) asking the Army to consider alternate means of disposing of sarin bomblets. At the time, the Army was using open detonate “technology” for dealing with potentially unstable materiel, setting off the bomblets in the Arsenal acreage. While we understood the volatility of these weapons and urgency of disposal, open air detontation of Sarin bomblets compromised air quality, public health, and the safety of neighborhoods surrounding RMA.
After much discussion between Colorado Department of Health and Environment (CDPHE), Army, and the U.S. Army Chemical Materials Agency’s Non-Stockpile Chemical Materiel Project (NSCMP), the Explosive Device System (EDS) was brought to the Arsenal from its testbed in Porton Down, UK, as an alternative technology to replace open detonation of bomblets and crude air and weather monitoring.
A huge part of the EDS story involves the NSCMP in providing me with an on the ground education in understanding programmatic authority and other issues involved in using the EDS at RMA. Below are behind the scenes conversations between the CDPHE and myself about the bomblets, NSCMP authority, and the EDS:
Also relevant to the EDS discussion is the NSCMP’s Survey and Analysis Report, (2nd ed.); note the section on the Arsenal, but yet the NSCMP’s role was relegated to observer status in Arsenal cleanup. This was of constant amazement (and consternation) to many citizens who served on the Arsenal’s Restoration Advisory Board and the Site Specific Advisory Board. The existence of this report – issued BEFORE the Arsenal’s Record of Decision – would have influenced a better informed cleanup and indeed strengthened the programmatic authority of the NSCMP in working on other nonstockpile sites throughout the country. The history of NSCMP participation on former chem weapons sites remains compelling case study into (I think) DoD, and specifically, Army culture.
- Army on the Integrated Endangerment Assessment,1993
- Avian Mortality, 1952
- Biota Remedial Investigation and Comprehensive Monitoring Summary [CDPHE to the Army, 1992] | another doc on the subject 
- Building 111 bird deaths [Rec’d via FOIA, 1994] | USFSW to the Army on Building 111 bird deaths, 1994
- Cooperative Agreement between the Colorado Wildlife Federation, Shell, U.S. Army, and U.S. Fish and Wildlife Service
- EPA to the Army on the Endangerment Assessment
- EPA to the USFWS and USFWS on the Detailed Analysis of Alternatives [somehow these docs melded together during scanning]
- Final EIS Wildlife Refuge [TOC & summary only] | Sierra Club comments
- Fortuitous samples, [obtained under FOIA, 1993]
- Fortuitous sampling chart, USFWS ; by species, probable cause of death.
- Kestrel Briefing Statement, USFWS
- Necropsy study [1993, obtained under FOIA].
- Restoration Advisory Board [RAB] April 6,1995 minutes that contains good info on fortuitous sampling
- Rocky Mountain Arsenal National Wildlife Refuge Act of 1992
- Sciple, Study of avian mortality on three lakes @ RMA, [1952)]
- Shell on fortuitous sampling, 
- USFWS letter to EPA regarding biomonitoring, 
- U.S. Fish and Wildlife Eagle and Wildlife Property Repository: Draft EA for a crematorium @ RMA
Some interesting historical things from my files; At its peak, the Arsenal employed 3,100 civilians, including WAC officers assigned to do war work.
- Larsen (1969, March). Women protest nerve gas shipments, Denver Post.
- Mettert, (1943). Women’s effective war work requires good posture.
- Rocky Mt. Arsenal, Chemical Warfare Service (1943). Miscell docs on RMA women workers, including injuries and safety shoes.
- War Food Administration, U.S. Dept. of Agriculture, (1945). The women’s land army works for victory.
- Women’s War Bureau, (1941). Safety clothing for women in industry.
- Ziegler, (1942). Women’s employment in artillery ammunition plants.