Re: [CPEO-MEF] Military bows to water rules

[Lenny Siegel <lsiegel@cpeo.org>]

While it is always difficult to force the Defense Department to do
something that it doesn't want to do, it's my understanding that
cleanups conducted under CERCLA (the Comprehensive Environmental
Response, Compensation, and Liability Act, or Superfund Law) must
conform to legally promulgated state standards, even if those standards
are more stringent than federal (U.S. EPA) requirements. That is, the
Defense Department has agreed to fulfill its existing legal obligations!

This is why many of us are concerned about the Defense Department's
proposed CERCLA exemption, contained in the Readiness and Range
Preservation Initiative. There is spirited debate among government
attorneys over the actual scope of those exemptions - that is, whether
they would cover private facilities and former Defense facilities, as
well as "operational ranges" - my reading of the proposal is that it
would in most cases eliminate the applicability of state standards at
properties covered by the legislation.

Lenny




_From the article:

"The new agreement was significant, Berchtold said, because states have
limited authority in compelling federal agencies such as the Defense
Department to take action based on state standards. 

"'We can ask them and if they refuse, we don't have a lot of recourse,'
Berchtold said."

CPEO Moderator wrote:
> 
> The Press-Enterprise requires registration to view this article.
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> _____________________________________________________________________
> California
> PRESS-ENTERPRISE
> Military bows to water rules
> INLAND: The agreement boosts hopes for cleaning up perchlorate, which
> has contaminated many wells.
> By Jennifer Bowles and David Danelski
> 08/08/2003
> 
> In an apparent about-face, the U.S. military will abide by stringent
> California rules in cleaning up pollution that has fouled Inland water
> supplies, federal officials said Thursday.
> 
> Sen. Barbara Boxer, D-Calif., and a Defense Department official
> announced an agreement under which the military will follow a state
> drinking water standard for the chemical perchlorate, used in rocket
> fuel and explosives. The standard is scheduled to be adopted in January.
> 
...

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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