Re: CERCLA Exemptions

[Aimee Houghton <aimeeh@cpeo.org>]

Peter,

You are correct that Oakland Army Base is not listed on the NPL, but I 
believe
the majority of CERCLA sites are not. The DOD has generally committed to
following CERCLA policies for its sites.

You are correct that the State is the lead regulatory agency at the Oakland
Army Base. But the Army is the lead agency and both the EPA and state are in
advisory roles only - as at every base where no Federal Facilities and Site
Restoration Agreement has been signed to establish different rules. The only
legal power the state and EPA have is to refuse to sign the ROD for the
cleanup - thus delaying land transfer. At Fort Benjamin Harrison, the State
of Indiana warned the local reuse authority that if they accepted transfer of
some lead contaminated property the Army refused to cleanup, the local agency
would then be responsible for cleaning up the lead.

Appreciate your response. And the State angle is worth pursuing - but the
State role to date has been extremely weak at the Oakland Army Base.

Bill Smith
Sierra Club Federal Facilities Task Force