Re: SENATE PROVISION TARGETS CAPE COD ACTION

[Aimee Houghton <aimeeh@igc.org>]

[I received the following response to our postings on the Senate 
proposal to allow DOD to delay administrative actions like the Cape Cod 
order against munitions training. I would welcome a response from 
critics of that ruling, as well. Lenny.]

 Proposed Sec. 363 would prevent EPA emergency orders to abate an 
imminent and substantial endangerment to public health. 

 Congress should defer to EPA's expertise in determining existence of 
environmental endangerments, or emergency threats to public health. 

 Sec. 363 would undermine or eliminate the preventative approach the 
Congress has taken to environmental endangerments in all significant 
environmental laws. 

 The Defense Authorization Bill is not an appropriate vehicle for a 
major, de facto amendment of the endangerment provisions of all 
significant environmental laws. The issue should be subject to a much 
broader public airing and debate. 

 Sec. 363 was prompted by a May 19, 1997, EPA administrative order at 
one of the largest National Guard training areas in the Northeast in an 
effort to protect Cape Cod's drinking water from contamination. In that 
order, EPA's own administrative procedures afforded the Department of 
Defense more than 30 days to consult with the top level of the agency 
prior to the effective date of the order. Region 1 originally on April 
10, 1997, ordered Army National Guard (NGB) to suspend all training 
activities at Camp Edwards on the Massachusetts Military Reservation 
(MMR) that could release contaminants to the air, soil, and water on 
Upper Cape Cod. 

 NGB asked EPA headquarters to overturn the Region's cease-fire order, 
warning that it could ``jeopardize the readiness of National Guard 
units on the East Coast.'' On May 16, 1997, however, EPA deputy 
administrator Fred Hansen rejected the appeal, calling the firing 
ranges ``an imminent and substantial endangerment. '' He said only 
critical components, meaning certain troops that need to be ready for 
deployment to Bosnia or other hot spots should be exempted from the 
cease-fire. 

 The restrictions on training imposed in EPA's order were necessary. It 
was vital that the activities suspended by the April 10 order cease 
immediately both in order to conduct a study and in order to protect 
this sensitive area at the top of the aquifer. Hazardous constituents 
of propellants in soils and groundwater have already been found 
underneath the impact area, which lies at the top of Upper Cape Cod's 
sole-source aquifer. Four towns around the base--Falmouth, Mashpee, 
Bourne, and Sandwich -- have no alternative to the affected region for 
new water supplies to replace those already lost to groundwater 
pollution emanating from the southern part of the base. 

 The Cape Cod aquifer is sole drinking water source for approximately 
200,000 permanent and 520,000 seasonal residents of Cape Cod. The MMR 
Training Range and Impact Area is directly above most productive 
groundwater recharge area of aquifer, the Sagamore Lens. Groundwater 
flows radially in all directions from Training Range and Impact Area. 

 The CERCLA cleanup at MMR has identified plumes that have polluted 
roughly 66 billion gallons of water -- an amount that could supply 
drinking water needs for all of Cape Cod for 7.5 years. Each day 
approximately 6-8 million gallons of groundwater are contaminated 
because of rapid movement of plumes through subsurface soils. The 
unusually high cancer rate in Upper Cape communities surrounding MMR -- 
24% higher than the statewide average -- heightened the public's 
concern about MMR 

 Substances found in the area affected by EPA's order include several 
associated with artillery and mortar explosives, propellants and 
pyrotechnics, and small arms firing: lead, Royal Demolition Explosive, 
hexahydro-1,3,5-trinitro-1,3,5-triazine (RDX), dinitro toluene (2,4-DNT 
and 2,6-DNT) and trinitrotoluene (TNT).