Response to Benson Letter

[Aimee Houghton <aimeeh@igc.org>]

 Jack W. McGraw (Deputy Regional Administrator at EPA)
 response to Lt. Col. Benson:
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 March 27, 1995

 Lieutenant Colonel N. John Benson, Jr.
 Department of the Army
 Office of the Judge Advocate General
 Environmental Law Division
 901 North Stuart Street
 Arlington, VA 22203-1837

 Dear Colonel Benson:

 This is in response to your letter dated March 15, 1995, to the
 members of the Rocky Mountain Arsenal Steering and Policy Committee. In
 that letter, you describe in some detail the Army's financial
 considerations, which you have termed "limitations." Your letter appears
 to imply that the Army is limited in the remedial alternatives it may
 consider because of budgetary constraints and that the Army may restrict
 funding for this project further if "settlement" is not reached quickly.

 You should be aware, however, that the statutory mandate of the
 Environmental Protection Agency requires us to place paramount importance
 on the protection of human health and the environment and we cannot
 subjugate that goal to the Army's budget planning. The NCP does not allow
 EPA or any other lead agency to define protectiveness by the amount of
 funds available at hand. While we agree that the selected remedy must be
 cost effective, in accordance with the NCP, that the remedy must first meet
 the criteria of protecting human health and the environment, complying with
 ARARs.

 In accordance with the FFA, the Army is required to present its
 funding requirements for the Rocky Mountain Arsenal to Congress. EPA
 believes that the funding request presented to Congress should reflect the
 cost of a remedy that meets the NCP evaluation criteria, and not simply the
 budgetary forecasts of the Army.

 This does not mean that EPA is inflexible in considering remedial
 alternatives. We remain willing to work with you on the challenging task
 of developing a remedy that will meet the necessary statutory requirements
 and also be acceptable to the many, and sometimes competing interests
 involved in the Rocky Mountain Arsenal.

 Sincerely,
 Jack W. McGraw
 Deputy Regional
 Administrator