[CPEO-MEF] Last Minute DOD Ammendment

[Aimee Houghton <aimeeh@cpeo.org>]

CPEO has recently discovered that DOD is circulating a last minute 
amendment to revoke EPA's lead agency authority under CERCLA for FUDS and 
turn it over to DOD.  Specifically the language would amend 10 U.S. Code 
Section 2705 (b)(2) by adding the following after the last sentence:

Following the provision of the notice required in (a)(3) of this section, 
the Administrator or the Governor of the State in which the facility or 
site is located shall have thirty (30) days notice to provide the Secretary 
a specific request that the Secretary not proceed with the proposed 
response action in order that the Administrator or Governor of the State 
may undertake such action pursuant to their authorities.  Absent the 
Secretary's receipt of such specific request, the proposed response action 
shall be carried out under the jurisdiction of the Secretary.

The issue of lead agency authority is one of long standing debate between 
DOD, EPA and the states and one of the issues at the heart of the range 
rule debate.

Currently we do not know which legislative package this will be attached 
to.  We'll update as we know more

Aimee



Please note new phone number and address below.
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Aimee R. Houghton
Associate Director, CPEO
1101 Connecticut Avenue, NW, Suite 1000
Washington, DC  20036
tel: 202-452-8039; fax: 202-452-8095
Email: aimeeh@cpeo.org
www.cpeo.org
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