SR0211 97TH GENERAL ASSEMBLY

SR0211 LRB097 11802 KXB 55048 r

SENATE RESOLUTION

WHEREAS, The State of Illinois is committed to maintaining stringent standards for chemical and nuclear safety, and for the protection of workers, residents, and the environment; and

WHEREAS, The Honeywell International, Inc. Metropolis Works specialty chemicals facility in Metropolis is the only uranium conversion facility in the United States, and the only domestic producer of uranium hexafluoride, a key component in nuclear fuel; and

WHEREAS, Environmental Protection Agency Enforcement and Compliance records for the Honeywell International, Inc. site in Metropolis reveal non-compliance with the Clean Water Act during 10 of the last 12 quarters, non-compliance with the Resource Conservation and Recovery Act during 12 of the last 12 quarters, and non-compliance with the Clean Air Act during 6 of the last 12 quarters; and

WHEREAS, Honeywell International, Inc. pleaded guilty in federal district court on March 11, 2011 to one felony count of knowingly storing hazardous and radioactive waste in Metropolis without a permit and in violation of the Resource Conversation and Recovery Act and was sentenced to a criminal fine of $11.8 million and five years of probation; and

WHEREAS, The United States Environmental Protection Agency has stated that "Honeywell must account for its knowing violation of a federal law that protects the public from exposure to hazardous waste containing radioactive material," and that the company's illegal actions "put employees at risk of exposure to radioactive and hazardous materials"; and

WHEREAS, Illinois Attorney General Lisa Madigan reported on March 14, 2011 that Honeywell International, Inc. has agreed to pay a civil penalty of $690,000 to resolve a separate lawsuit stemming from its illegal storage of thousands of drums of radioactive and hazardous waste near Route 45 in Metropolis; and

WHEREAS, Honeywell International, Inc. reported on 2010 Tier Two forms that its specialty chemicals facility in Metropolis housed a daily average of 66,591,684 pounds of substances classified by the company as immediate health hazards, and 65,859,160 pounds of substances classified by the company as chronic health hazards in the event of exposure; and

WHEREAS, These substances include daily averages of 33,035,000 pounds of radioactive uranium ore and radioactive uranium chemical compounds, as well as 2,094,000 pounds of hydrogen fluoride, a chemical regulated as an Extremely Hazardous Substance under the Emergency Planning and Community Right-to-Know Act; and

WHEREAS, Honeywell International, Inc. has estimated that an accidental release of even a small portion of the hydrogen fluoride stored at the site could catastrophically impact up to 128,000 residents within a 25-mile radius of the Metropolis Works site; and

WHEREAS, On June 28, 2010, Honeywell International, Inc. locked out the experienced workforce that had been responsible for handling these hazardous chemicals, despite workers offering to remain on the job as contract negotiations continued, and in September of 2010 hired temporary replacement workers to resume operation of its uranium conversion facility; and

WHEREAS, The U.S. Nuclear Regulatory Commission mandated that these temporary replacement workers be evaluated prior to being allowed to operate the plant, and required that Honeywell International, Inc. "ensure no coaching occurs during the On-the-Job Evaluations (OJE)" and maintain "strict control" of "written examinations, related answer keys, examination banks, Job Performance Measures, and all other examination instruments"; and

WHEREAS, Honeywell International, Inc. was cited by the United States Nuclear Regulatory Commission (NRC) on November 10, 2010 for violating the rule that expressly forbade coaching when it, among other instances, "showed the candidate the locations of several components when the candidate was unable to locate them" and "helped the candidate follow the procedure when the candidate became confused"; and

WHEREAS, Honeywell International, Inc. was cited by the NRC for additional violations when it "failed to maintain strict control over examination materials," allowed candidates "to hear and listen to oral evaluation questions prior to their own examination," and further permitted "a number of operator candidates to observe another operator as he performed his OJE, thus compromising the task performance portion of the OJE"; and

WHEREAS, Honeywell International, Inc. has admitted to at least one release at the Metropolis site since its temporary replacement workers began operating the facility, specifically a release of hydrogen fluoride on December 22, 2010, which lasted approximately two hours and triggered emergency sirens and emergency mitigation systems; and

WHEREAS, The workers presently locked out by Honeywell International, Inc. possess numerous years of experience and training inside the Metropolis Works facility; therefore, be it

RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that we recognize the importance of utilizing experienced and highly trained workers for the operation of chemical and nuclear facilities that use, store, and produce radioactive or hazardous substances; and be it further

RESOLVED, That we condemn the actions of Honeywell International, Inc. with regard to the lockout of experienced workers at the Metropolis Works specialty chemicals facility in Metropolis and calls on Honeywell to promptly end its lockout; and be it further

RESOLVED, That we condemn the actions of Honeywell International, Inc. with regard to repeated instances of non-compliance with the Resource Conservation and Recovery Act, the Clean Water Act, and the Clean Air Act; and be it further

RESOLVED, That we urge the U.S. Environmental Protection Agency, the Nuclear Regulatory Commission, and all relevant regulatory bodies to define clear jurisdiction over the Metropolis Works facility, and to conduct comprehensive and ongoing investigations, including full multi-media inspections, to ensure that the facility is operated safely and in compliance with federal regulations; and be it further

RESOLVED, That suitable copies of this resolution be delivered to United States President Barack Obama, members of the Illinois Congressional Delegation, U.S. Nuclear Regulatory Commission Chairman Gregory Jaczko, U.S. EPA Administrator Lisa Jackson, Honeywell International, Inc. CEO David Cote, and Honeywell Metropolis Works Plant Manager Larry Smith.