TEXAS ON CLOSURE CLEANUP/STANDARDS

[Lenny Siegel <lsiegel@igc.org>]

MORALES BACKS CLEANUP FUNDING, STANDARDS

 On December 29, 1994, Texas Attorney General Dan 
Morales sent a letter to Sherri Wasserman Goodman, Deputy 
Undersecretary of Defense for Environmental Security, opposing 
reported proposed cuts in the Defense cleanup budget and 
arguing for strong environmental standards in base closure 
cleanup. Morales, a member of the Defense Environmental 
Response Task Force (DERTF), submitted his comments for the 
Task Force's 1994 Annual Report.

 Morales questioned efforts by the Defense Comptroller's 
office to cut Goodman's budget by hundreds of millions of 
dollars. He warned, "I firmly believe that it would be unlawful if 
it is the case that all of the legal requirements facing the DoD 
[Department of Defense] could not be met (as a financial or 
budgeting matter) in accordance with Executive Order 12088 
(Federal Compliance with Pollution Control Standards (Oct. 10, 
1978)) and the many federal facility and state cleanup 
agreements entered into in GOOD FAITH by the DoD. While 
saving taxpayers' money and ensuring military readiness are 
surely critically important objectives, the compliance by DoD 
with all applicable laws purposed at protecting our citizens' 
health and safety is also extremely important. Unfortunately, 
DoD appears to be sliding towards the purposeful disregard of its 
cleanup obligations."

 He added that cleanup funding was necessary to protect 
service men and women, as well as their families, and historical 
victims of environmental injustice. He also warned, "If ... the DoD 
and the federal government do not comply with all applicable 
cleanup laws, the other entities may begin to question why they 
should comply with cleanup laws."

 Morales also addressed issues more directly under 
consideration of the task force. He wrote, "As my office has 
frequently stated during the DERTF proceedings, attempts to 
subsidize economic redevelopment of bases by allowing the 
cleanup standards to be loosened may be problematic in the long 
run for our communities, citizens, and base transferees, as well 
as short-sighted for DoD." He suggested that transfer and 
redevelopment of closing bases will be hampered unless DoD 
makes "every effort to harmonize, to the extent allowed by law, 
its investigative, remedial, and transfer practices with private 
sector practices." Morales argued that Federal law NOT be 
changed to allow property to be transfered before remedial 
actions are conducted. Finally, he asked that DERTF further 
review the indemnification of recipients of contaminated, former 
military properties.