Shoddy treatment of tribes comes back to bite CSEPP

Hermiston Herald Opinion
August 27, 2002
Reporter's Notebook
Frank Lockwood (F. Ellsworth Lockwood)

Several recent news articles have focused on the Confederated Tribes' relationship with the Chemical Stockpile Emergency Preparedness Program (CSEPP). I was present at the meeting when the CSEPP Governing Board was formed in August 2000, and gave the Confederated Tribes of the Umatilla Indian Reservation a shoddy welcome. Now the tribes want their own emergency center. No one should be surprised.

When Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Dale Klein met with local government officials on Aug. 13, Umatilla County Commissioner Dennis Doherty again expressed his dismay with the tribes: This time he feared that the tribes might be seeking more influence with CSEPP than in the past. "Undue influence," in fact.

But if, indeed, the tribes want their own program, Doherty can thank himself, at least in part, for that. The tribes got a cold welcome at best when the CSEPP Governing Board was formed, with Doherty as its chairman. Doherty and many others in the CSEPP community are correct if they say that the tribes should not require an emergency operations center, when their property lies only 10 miles beyond the one in Pendleton. They should not. Which is not to say, "they do not."

The CSEPP community, unanimously, if I recall correctly, denied to the tribes a full participation in the emergency planning during the very first month that CSEPP reorganized under Doherty's direction. What did the commissioner fear from the tribes? That their vote might sway the commission's direction? Not likely, in view of the strong consensus they normally reached when any issue came to a vote, and additionally, in view of the tribes' culture of always seeking to build consensus.

One of the arguments against including the tribes was that the tribes would make the board too large to come to deliberate. Yet the delibrations were short, with, it seemed to me, most of the meeting time going to reports from people who were not on the board.

There was also what I thought a rather weak argument, that including the tribes would encourage other entities to want representation.

So far as the large size of the board goes, the fact that it had at least seven members would have prevented any one member from being able to cancel any decision. But that was never an issue at any time I attended a meeting.

The votes were always unanimous or near unanimous.

So the decision to deny the tribes a vote was not made in order to keep the tribes from "making trouble" in terms of it coming down to a vote. Neither was it to silence the tribes' voice, since the tribes were allowed to sit at the table and even enter the discussion, they were only not allowed to vote.

And the fact that CSEPP allowed the tribes to voice their opinions while seated at the table shows that having the tribes there was not expected to make deliberations longer and more drawn out.

I don't pretend to know what the board members were thinking when they made that decision, can't claim to know how they felt. But I know how it felt to me: A put down. A keeping in place. Ifelt deflated. If it felt that way to me, I can only wonder what the impact was to the tribal representatives. The tribal representatives were very calm and meek about it. If I remember correctly, Minthorn told me it made him feel "sad."

In perhaps the most ludicrous reasoning of all, the board argued, "The CTUIR represents itself s a sovereign, parallel to the federal government, which is not a voting member." Imagine those on the board saying "Oh, but we are not Americans, we are from Umatilla County, or Morrow county, or from the fire department," and so-on.

The neighboring state has its role. As long ago as 1999, Benton County, Wash., received $1.5 million for preparedness efforts around Plymouth and Patterson. And what about other countries. If Pendleton were 10 miles from Canada, rather than 10 miles from the tribes, would the Canadian government then have nothing to say about our CSEPP project either, no role? As a matter of fact, international teams inspect our depot at least once a year as agreed to by international treaty.

Yet, the board reasoned with the (presumably rhetorical) question, "What does the CTUIR see as its role in doing the CSEPP mission?" Well, the tribes may soon have the opportunity to answer that question among themselves. As the governing board said, they are a sovereign body, what they do about their CSEPP program money, if they get any, is none of our business. But maybe will they consider letting someone from the county sit in on their discussions? Without any vote, of course.

Frank Lockwood is a reporter for The Hermiston Herald.

http://www.cwwg.org/hh08.27.02c.html

Army replaces key demilitarization personnel

 Hermiston Herald
Jan. 24, 2003:
By Frank Lockwood (F. Ellsworth Lockwood)
Staff writer

In a national shakeup of chemical demilitarization, several top Army officials, some of whom visited Hermiston last year, are being replaced, and agencies are being combined.

Amidst the changes, anti-incineration groups, now disillusioned with last year's leadership, have disclaimed Assistant Secretary of the Army Mario Fiori, welcoming the Army's decision earlier this month to remove oversight of chemical demilitarization from Fiori.

Resistance to a Umatilla-style CSEPP program was a factor: Intercepted e-mail revealed that Fiori had planned to force such a program into effect as part of the federal agenda for Alabama, but his plan backfired.

Only a year ago, oversight of chemical demilitarization was moved to the Army's Environmental Office, which was under Fiori. Incineration opponents had hoped at the time that they would make progress in their anti-incineration agenda with Fiori in charge. The Army had charged Fiori with the mission of building strong, collaborative partnerships with appropriate Federal agencies, State and local regulatory agencies, and other stakeholders.

"Our objective is to streamline management of the Chemical Demilitarization Program by eliminating ... layers of oversight, clarifying responsibility, and improving accountability," the 2001 orders read. And Chemical Weapons Working Group welcomed Fiori in pubic announcements as he took over programs. Now, however, unhappy over what they view as too-little public input, too-secret information, the CWWG have changed their opinion.

"We thought putting de-mil in the Army Environmental Office made sense at the time," said Craig Williams, director of the Chemical Weapons Working Group, "but we didn't count on a management style based on covert operations and the total exclusion of public participation."

Williams sided with Alabama officials after, in October, news came out of the Army's plan to "challenge" Anniston, Alabama emergency planners to join in a series of monthly, emergency training sessions. Via e-mail, Army officials had discussed ways to implement a Umatilla-style CSEPP readiness
program.

Since then, a major leadership shakedown has occurred. On Jan. 15, the secretary of the Army ordered the chemical weapons disposal program moved out from under Fiori and the Army's Environmental Office, back under back under Acquisitions, Logistics and Technology where it had been a year earlier.

Representing another break from the past, the Office of Acquisitions, Logistics and Technology will manage both storage and disposal. In the past those were handled by separate entities. Both will soon be under Assistant Secretary Claude Bolton, Jr., and Army Materiel Command Gen. Paul Kern, a four-star general.

E-mail War Shakes up Program
In a much publicized E-mail War or, as a Birmingham News opinion called it, the "perverse public relations war," e-mail messages revealed wide a difference of opinions between federal emergency managers and elected Alabama officials concerning how they should approach emergency training.

The rift widened as the e-mail became public, revealing what appeared to many to be a plan to embarrass the Anniston, Ala., CSEPP community into monthly emergency drills whether they wanted them or not.

The e-mail war, reported by newspapers including Birmingham News, Anniston Star, and Tri-City Herald, was, ostensibly, an attempt to document the Army's efforts to help the Anniston community prepare for an accident at the incinerator. E-mail circulated by CWWG cited Lawrence Skelly, a special assistant with the Pentagon, as having written, "This (CSEPP) model has worked exceptionally well at the Umatilla site and we believe it will work in Anniston too."

But critics described it instead as a plot to discredit recalcitrant local officials, and Calhoun County officials objected to spending time and money on the training exercises when they had not received necessary equipment such as protective suits.

Sen. Richard Shelby, R-Ala., wrote Army Secretary White calling the plan, "a perverse and irresponsible attempt to deflect attention away from the Army's failures." The Anniston Star called the federal move an "Army ambush" and a "scheme" whereby the Army could "launch into a frontal public relations assault."

Bolton in Charge of "One Roof"
In a Jan. 15 memorandum, Secretary of the Army Thomas White directed Assistant Secretary Claude Bolton, Jr. to take over the Chemical Demilitarization Program and, along with the Army Materiel Command's General Kern, to establish an agency to "execute chemical demilitarization plant construction, operation, and closure, as well as chemical weapons storage."

As Williams remarked, "This will put the stockpile storage and disposal responsibilities under one roof." In the past, the Soldier and Biological Chemical Command has been in charge of storage, with the Program Manager for Chemical Demilitarization over the destruction of chemical weapons. Personnel changes, both national and local, had been anticipated for some time. Nationally, Jim Dires has replaced Lawrence Skelly, who was the target of criticism over the E-mail War.

In the past, CSEPP Governing board members have expressed a concern that future Army administrators might not remember promises and assurances made by the old guard they replace. In May last year, Denzel Fisher, a high-up from the office of the Deputy Assistant Secretary of the Army, and the one who negotiated for Umatilla's original FEMA money in 1988, visited the Oregon CSEPP Governing Board and told them, "The Army is responsible for the demilitarization program and always will be." He said, "Emergency preparedness will always have the Army's support, "regardless of who is calling the shots."

UMCD officials do not expect the change at the top to bring about any major, immediate changes in the day to day operations a UMCD, according to Mary Binder, the UMCD public information person.

Locally, Lt. Col. Fred Pellisier will rotate out of the command in July, but that is a routine command change, unrelated to larger events.

http://www.cwwg.org/hh01.24.03.html

CSEPP ... new tones

http://www.csepp.net/pressreleases/03Releases/jan28'03-CSEPPtochangesound.html

Panel doesn't want incineration held up

Hermiston Herald

06/19/01

By Frank (F. Ellsworth) Lockwood
Staff writer

HERMISTON -- The Governor's Executive Review panel Tuesday discussed redefining or eliminating tough "showstopper" standards, rather than risking the delay of incineration of chemical weapons at Umatilla Chemical Agent Disposal Facility.

Showstoppers are issues that the ERP says absolutely must be resolved before incineration can begin. Most showstoppers have been resolved, but two remain: monitoring, and tactical radio communications.

The Governor's Executive Review Panel met at the National Guard Armory where they reviewed the "Second Interim Report on the Status of Protection for Communities Surrounding the Umatilla Chemical Depot (UMCD)." In a May 8 CSEPP exercise designed to evaluate emergency preparedness, the surrounding communities had passed seven performance measures but failed another eight. Five of the failures were due to the lack of monitoring equipment. The measures failed by default. Others were caused by "minor" issues, panel members said.

The two "key components" of having an adequate emergency program were showstoppers and performance measures. Now some panel members are questioning both of those. Performance measures were a tough, "all or nothing" evaluation. If one evaluator raised an issue at one location, the measure was assessed as failing at the entire exercise.

An "all or nothing, pass/fail scheme" might be inappropriate to use for deciding what is an "adequate program," the panel concluded. "Showstoppers" were questioned as well. According to earlier ERP agreements, emergency preparedness showstoppers, if not resolved, would hold up incineration of chemical weapons.

Umatilla County Commissioner Dennis Doherty suggested a more flexible standard at Tuesday's meeting, but not all agreed. Doherty is the Chemical Stockpile Emergency Preparedness Governing Board's president.

Panel History
The Hazardous Waste Storage and Treatment Permit for the Umatilla Chemical Agent Disposal Facility states that the governor of Oregon must decide that an adequate emergency response program is in place before incineration of chemical weapons can begin.

Gov. John Kitzhaber appointed the 20 representatives to the Executive Review Panel in May 2000 to advise him when an adequate emergency preparedness program is in place and fully operational at UMCD. The panel reported in December that progress was being made.

To track emergency preparedness progress, the panel created a "Master List of Deficiencies." They also rated some elements of readiness as "critical." However, items can be on the critical list without becoming showstoppers. Incineration might go ahead even with unresolved items on the critical list. Not so with showstoppers. The panel had agreed that showstoppers, were essential elements and, if not resolved, would nix a good report.

Most showstoppers have been resolved, but the two remaining unresolved showstoppers were: 1) a tactical radio systems and 2) chemical agent monitoring. Radio tactical communications is in early stages of negotiation for contracting. And monitoring is not in place. Although some equipment purchases have been approved, the agent monitoring concept and equipment have yet to be put in place. Because it provides early warning of agent, monitoring is considered a necessary component of decontamination, evacuation assistance, and reentry into restricted areas.

The review panel goal was to be able to tell the governor in November that emergency preparedness is adequate, but members now worry the showstopper standards will upset their timetable.

Showstoppers Disputed
As the emergency preparedness target date draws nearer, the panel is asking, "Who came up with that list of showstoppers in the first place?" They discussed whether a showstopper really must stop the show, with Doherty suggesting they forget about using the word or the concept of "showstoppers," altogether.

Doherty argued instead for a continuum of desirable readiness indicators, which would allow them to make a positive report to the governor, even if not all showstoppers are resolved. Others questioned whether they could redefine the term, showstopper.

But Wanda Munn, from the state of Washington, said the term "showstoppers" means just that. You stop everything if those issues are not resolved. If items are not really showstoppers, they should be removed from the showstopper list, she said.

DEQ's Wayne Thomas suggested taking a vote on whether or not to have showstoppers, but Armand Minthorn, representing the Confederated Tribes of the Umatilla Indian Reservation, cautioned against that. The panel decided to continue the discussion at the Aug. 23 meeting.

Target Date Doubted
Panel member Robert Flournoy said the panel would not be able to make a positive recommendation in November, based on the standards the panel had developed. A volley of exchanges over the issue took place between Flournoy and the moderator Wayne Thomas of the DEQ.

Thomas: Is there a possibility that we can be ready in November?
Flournoy: No. There are certain elements that are not going to be ready.
Thomas: Do we know that right now?
Flournoy: Do we know what?
Thomas: Do we know that we are not going to be ready in November.
Flournoy: From everything that I have been told absolutely we will not be ready.
Thomas: Is there a possibility that we could be ready in November?
Flournoy: Not when you take into consideration all of the elements ... (unintelligible) there are certain elements, no, we will not be ready. And I
think the governor should know. The community should have to know.
Thomas then told Flournoy, "We are facing it optimistically."
"I will be optimistic then," Flournoy said.

Munn, looking at a calendar, expressed doubts similar to Flournoy's. "I am a little concerned," she noted, about the "enormous achievements" that needed to be accomplished in order to give the governor a positive report in November.

Doherty compared the desired new tactical radio system to a new Cadillac. If the old system works, he said, it can serve for a while if necessary, rather than hold up incineration, just as the old Chevrolet gets one to and from work while waiting for the Cadillac to be delivered.

A recent $500,000 upgrade was done on the existing communications system, and Doherty says that system is adequate until a better one, using a 450 megahertz design, can be put in place. Doherty says CSEPP has its list of priorities on which they are working, so does the Army. When the Army is ready to burn, he says, he hopes the Executive Review Panel will agree that preparation is adequate. The real danger is from continued storage, not from incineration, Doherty said.

2002: FEMA remarks catch Army off guard

Hermiston Herald
May 14, 2002
FEMA remarks catch Army off guard
HERMISTON - The Army is as committed to emergency preparedness as ever, despite reports that FEMA wants out of the chemical stockpile demilitarization business, Army officials said Monday.

Oregon Chemical Stockpile Emergency Preparedness Program determined Friday that they had passed performance measures. That success coincided with reports that FEMA wanted to cut its ties with CSEPP.

Federal Emergency Management Agency Director Joe Allbaugh reportedly requested that FEMA be relieved of its duties associated with CSEPP, and was quoted as saying "The Army should have the whole program."

Denzel Fisher from the office of the Deputy Assistant Secretary of the Army, attended Monday's Irrigon meeting of the Oregon CSEPP Governing Board, and gave a "history" of FEMA involvement. Friday's news had taken him off guard, he said, but FEMA has tried on two earlier occasions to be relieved of CSEPP responsibilities. The problems were worked out then and likely will be now as well, he said. At any rate, the Army has always been, and remains, committed to state and local government when critical emergency preparedness items were needed, he said.

"You will not find a time when the Army has failed to support the federal emergency program," he said. Instead, he said, "it was the Army's decision to create this program in the first place. I was the one who negotiated for the original money in 1988." In 1997, FEMA had tried to back out of CSEPP. "It has been a rocky road, but we have always been able to work through things, and this is not going to be an exception," he said.

"The Army's responsible for the demilitarization program and always will be," he said. If more money is needed, the Army will make requests to Congress and negotiate aggressively for it, he said. Emergency preparedness will always have the Army's support, "regardless of who is calling the shots," he said.

Board members asked whether they would be able to have input into any reorganization. Army Special Assistant Larry Skelley, who was also present Monday, said "If we have to reorganize, it will be done, I think, with complete and total participation by the state." As a measure of government commitment to preparedness, CSEPP is the only federal program he is aware of that is fully funded, Skelly told The
Hermiston Herald.

Although Fisher and Skelly were outspoken about the Army's commitment to CSEPP, no one at the meeting had information that would shed light on Allbaugh's comments. They did not know the context, or what Allbaugh meant by the statements, Skelly and Fisher said.

In other business, the Governing Board decided to recommend to today's meeting of the Governor's Executive Review Panel that the ERP's report to the governor say that emergency preparedness is adequate to start up the Umatilla Chemical Agent Disposal Facility, although they agreed the ERP report should be qualified with a letter explaining that there was unfinished necessary work to be done, including the purchase and implementation of a 450-megahertz radio system.

End

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Preserved by Chemcical Weapons Working Group, thank you CWWG (http://www.cwwg.org/hh05.14.02.html)