electric competition
pollution prevention

October 16, 1992
WTI: Hearing on West Virginia preliminary injunction concludes

         Important points revealed during the hearing:
  • Attorney Greer Goldman from the Department of Justice present throughout the injunction hearings even though she had no "client" to represent because Judge Frederick Stamp had dismissed the U.S. EPA as a codefendant with WTI more than a week before the hearings began.
  • It appeared that the DOJ was present in the courtroom in service for WTI. WTI was allowed to make use of DOJ Attorney/Client Privilege. As the attorneys for WV entered various EPA documents into evidence, the defendants raised objections. On at least one occasion, WTI attorney Chuck Waterman was seen directing DOJ Attorney Greer Goldman to use her "privilege", at which point she obeyed.
  • Department of Justice refused to authenticate many of EPA's own documents submitted by the state of West Virginia during the trial. Documents the DOJ refused to identify included an internal memo by Law Clerk Ignacio Arrazzola suggesting that the ownership of WTI may have changed, and a memo written by Assistant U.S. EPA Administrator Don Clay suggesting that top EPA officials had made a "predetermined" decision on the WTI ownership issue before looking at information regarding ownership that the company had provided.
  • Two veteran U.S. EPA regulations writers, William Sanjour and Hugh Kaufman, were scheduled to appear on behalf of the state of West Virginia. Kaufman and Sanjour have each worked with the Agency for over twenty years and each was involved in helping to write regulations for the Resource Conservation and Recovery Act (RCRA), which governs hazardous waste in the United States. Kaufman was also an investigator of hazardous waste sites. U.S. EPA employees who testified on behalf of the incinerator company were allowed complete freedom in their testimony and opinions, while EPA's Kaufman and Sanjour, testifying against WTI, answered questions for approximately five minutes apiece and were only allowed to answer questions with a simple "yes" or "no".
  • Martin Scott, Safety Manager at WTI, testified that he has never checked into the safety records of any other hazardous waste incinerators, nor has he ever visited or been on the site of any of the 17 currently operating hazardous waste incinerators. He further testified that he was not aware of what accidents have occurred at other hazardous waste incinerators.
  • Carol Braverman, a toxicologist at U.S. EPA admitted that WTI will violate its permitted emissions limits for lead even with only one kiln operating and that if both planned incinerators were to go online, "modifications" of some sort would have to be engineered in order to reduce those emissions. She expressed no concern for health problems with the excess lead, even for East Liverpool's children, whom she referred to as "sensitive emissions receptors."
  • Alfred Sigg, engineer for Von Roll, admitted that deadly dioxins would, in fact, be created inside the WTI incinerator during the cooling process and emitted. While no plans for testing levels of dioxins are currently proposed in the trial burn plan, Sigg said that the newest version of the trial burn plan now being negotiated with the EPA will call for "several hours" of dioxin sampling. When asked if any further dioxin sampling would be done, he said that, "further dioxin sampling would be inconvenient to say the least."
  • Dr. Paul Chrostowski, engineer for Clement International, a consulting firm hired by WTI, gave actual predictions for WTI's mercury emissions. He said that WTI's waste stream would contain 200 to 5000 parts per million of mercury. He further said that he expected air pollution control equipment to remove between 80 and 90 per cent of that mercury from smokestack emissions. Since WTI is permitted to dispose of 352 million pounds of hazardous waste per year, Dr. Chrostowski's analysis means that WTI will emit between 7,400 and 352,000 pounds of mercury per year. That means that, even using "bestcase" figures, WTI will violate its permitted limits on mercury emissions. WTI's permit allows for 2,560 pounds per year of mercury emissions. Dr. Chrostowski also testified that he was receiving $185.00 per hour for his testimony and had so far made approximately $12,000 consulting for WTI. Lawyers for the State of West Virginia entered a document into evidence also showing that Chrostowski's parent company, ICF Kaiser Engineers, was an engineering contractor for the incinerator firm. Chrostowski also said that WTI was the largest capacity hazardous waste incinerator in the world to the best of his knowledge.