RACHEL’s Hazardous Waste News #156

=======================Electronic Edition========================

RACHEL’S HAZARDOUS WASTE NEWS #156
—November 21, 1989—
News and resources for environmental justice.
——
Environmental Research Foundation
P.O. Box 5036, Annapolis, MD 21403
Fax (410) 263-8944; Internet: erf@igc.apc.org
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THAT BREAKFAST MEETING BETWEEN REILLY
AND BUNTROCK: WHO’S COVERING UP WHAT?

The investigation of EPA (U.S. Environmental Protection Agency)
chief William Reilly for possible criminal conduct (RHWN #151)
seems to have entered a phase of denial and coverup, just as
happened with Watergate. There have been several new developments
in the case. We believe it is now clear that three officials of
Waste Management, Inc. lied to federal investigators about their
attempts to reverse national environmental policy by lobbying Mr.
Reilly, and lying in such circumstances is a felony. Yet EPA
investigators continue to insist the case is closed. We believe
it is time for a special prosecutor to open an independent
investigation.

Background

EPA employees Hugh Kaufman and William Sanjour filed a formal
complaint May 17, 1989, with EPA’s Inspector General John Martin,
asking for an investigation of charges that Reilly reversed
important EPA policies in response to special pleadings by four
top officials of Waste Management, Inc. (WMI), the nation’s
largest waste hauler. The alleged lobbying occurred at a private
breakfast meeting March 16 arranged by Jay Hair, president of the
National Wildlife Federation (NWF). Dean Buntrock, president of
WMI, sits on the Board of Directors of NWF. Hair and Reilly are
close friends, so Hair easily arranged the Figure 1: Jay Hair
invites Bill Reilly to breakfast to discuss the “national
implications” of state waste restrictions (see Figure 2) “and to
get to know Dean better.” breakfast between Reilly and Buntrock.
Buntrock showed up for breakfast with three of his top assistants
bearing “briefing papers.”

Figure 2 is a WASHINGTON POST story Jay Hair attached to a
hand-written invitation to Reilly. Figure 1 is the invitation
itself. Figure 2 clearly establishes the agenda for the breakfast
meeting that occurred March 16: to discuss events surrounding
South Carolina (SC) action in late February, 1989, to restrict
waste imports into SC. What had caused South Carolina to act was
an earlier move by North Carolina (NC) to restrict the quantities
of wastes that could be dumped into NC’s rivers and streams. The
NC law was so strict that it prevented at least one large waste
hauler (GSX) from building a facility on the Lumber River. South
Carolina’s governor then said states unwilling to build their own
facilities could no longer dump in SC. The overriding issue is
the right of states to assert control over the waste industry and
interstate shipments of waste. State control of interstate waste
shipments would spell serious trouble for Waste Management, Inc.
and other waste haulers who have targeted the south and the
midwest as national dumping grounds for the chemical industry.

The nut of the whole issue was EPA’s initial hostile reaction to
the state of North Carolina, which had passed a law in late 1987
severely restricting the quantities of chemical wastes that could
be dumped into that state’s rivers and streams–a clear, direct
challenge to the power of the waste industry. Under the Reagan
administration, EPA initially announced it would retaliate
against NC by holding a public hearing as the first step in
rescinding that state’s privilege of administering its own
hazardous waste regulatory program under RCRA, the federal
Resource Conservation and Recovery Act; it was a bald attempt by
EPA to force NC to revoke its law by threatening to take over
NC’s RCRA program, completely stripping NC of all control over
the industry, essentially leaving the state defenseless. However,
opposition developed quickly in Congress, and EPA backed off, set
up study committees, and hired consultants to evaluate the
matter; finally EPA announced Figure 2. Copy of the WASHINGTON
POST story Jay Hair sent to Bill Reilly suggesting they discuss
its “national implications” with Dean Buntrock, chief executive
officer of Waste Management, Inc. at a private breakfast (see
Figure 1). Dec. 23, 1988, it was officially abandoning its effort
to take away NC’s RCRA regulatory authority. It was an important
victory, shoring up a state’s right to protect itself against
chemical poisoners.

EPA considered the matter closed. However, the waste hauling
industry couldn’t let go, especially Waste Management, Inc.,
because EPA’s North Carolina decision had stirred action in other
states. Shortly after EPA abandoned its effort to punish North
Carolina, South Carolina announced (in February, 1989), that it
would forbid import of hazardous wastes from 32 states that
refused to manage their own wastes. (See Figure 2.) After SC
acted, Alabama legislators said they might follow suit. In March,
1989, the Alabama legislature was scheduled to consider a total
ban on out-of-state dumping in Alabama. The largest hazardous
waste dump in America is owned and operated by Waste Management,
Inc. at Emelle, Alabama; the Emelle site accepts wastes from all
over the country. WMI therefore needed EPA to reverse its North
Carolina policy, to prevent a domino effect among renegade
Southern states. WMI has literally billions of dollars at stake
in this issue.

Three Waste Management officials have subsequently denied to
investigators that they wanted EPA’s policies changed. Dean
Buntrock went so far as to tell an investigator that his company
had no interest in even discussing these matters with EPA
officials. Lying to a federal officer investigating a crime is,
itself, a felony.

From the Citizens Clearinghouse for Hazardous Waste in Arlington,
VA, we have obtained a copy of a “briefing paper” prepared by
Waste Management, Inc., a copy of which was handed to Reilly by
James Range, WMI’s vice president for governmental affairs at the
breakfast. It is a smoking gun.

[Continued next week.]
–Peter Montague, Ph.D.

Descriptor terms: epa; william reilly; investigations; wmi; nwf;
jay hair; dean buntrock; hugh kaufman; william sanjour;
washington post; gsx; nc; sc; al; rcra; waste disposal industry;
waste trade; policies; emelle, al;

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