Re: LAND USE & REMEDY SECTION - RFF

[Lenny Siegel <lsiegel@igc.org>]

I was able to download the RFF report using Adobe reader. I concur that
the report is comprehensive, timely and thoughtful. One of the most
significant issues to be resolved if land use restrictions are to
effective with respect to DoD and DoE property is the disconnect between
local land use authority and Federal authority. The Feds make the
decision on remedy selection but the enforceability is a local land use
matter. Notwithstanding the NCP guidance on remedy selection, the
ultimate decision is with the Federal agency, which in the case of DoD
and DoE, is made by them as a result of the delegation of authority in
Executive Order 12580. 

How about a change to the Executive Order for
these two agencies, requiring concurrence by the local land use authority
for any remedy which includes an institutional control. Not a perfect
fix, but it would increase the role of the local community in the remedy
selection process and it would not require legislation. I can
envision the objections, such as encroachment on the sovereign
authority of the United States, but this could be written as a
condition of the delegation. If the Departments do not want to do it,
then there would be no delegated authority and EPA would select the
remedy. There are several base closure communities which are presently in
dispute with the military services over institutional controls selected
as part of the remedy over community objection.

Barry Steinberg
kutak_r@ix.netcom.com