February 27, 2004
Arthur Stamoulis
(215) 567-4004 ext. 222

Health & Environmental Exemptions Sought for
Military Installations in Pennsylvania
Department of Defense Admits Exemptions Not Needed for Military Readiness

Philadelphia, PA - Pennsylvania environmental advocates and elected officials voiced concern today over Department of Defense (DoD) attempts to receive blanket exemptions from federal health and environmental laws. Despite having access to case-by-case exemptions that are rarely-utilized, DoD has sought blanket exemptions from the Resource Conservation and Recovery Act (RCRA), Superfund and the Clean Air Act.

"Last year, I voted against giving the Department of Defense blanket exemptions from standards designed to protect public health and the environment. I am not confident that the Bush administration can be trusted to safely use such exemptions," said Congressman Robert A. Brady (D-1st), a member of the House Armed Services Committee. "I will listen carefully to the administration's arguments in the coming days. Unfortunately, I don't hold out much hope that they will make their case."

Clean Air Council, a statewide environmental group, pointed to a document released this week that shows the environmental exemptions sought by DoD are not needed for military readiness. The document reveals that in a private December 2003 meeting with officials from several western states, "DoD acknowledged that there have not been any instances in which RCRA or CERCLA [Superfund] have impacted readiness" and that DoD's concern was "not a matter of readiness, but of control."

"The military has long done an excellent job of protecting the nation without blanket exemptions from health and environmental laws. So long as it doesn't impact readiness, the military should abide by the same public health rules as everybody else," said Joseph Otis Minott, Executive Director of Clean Air Council. "Pennsylvania's servicemen and women, their families and surrounding communities deserve the full protection that public health and environmental laws provide."

The DoD is currently required to adhere to environmental and public health laws, which include the cleanup of polluted military installations. The proposed exemptions would exclude at least 8,087 installations across the country, covering more than 24 million acres of land. According to DoD, this includes 10 installations in Pennsylvania with 116 operational ranges: Pittsburgh IAP ARS, Clinton Training Site, East Stroudsburg Armory, Fort Indiantown Gap - ARNG, Fort Mifflin, Indiana Range Wet Site, Keystone Training Site, Letterkenny Army Depot, Ridgeway and Scranton (Leach Range).

###
DOD SEEKS PUBLIC HEALTH EXEMPTIONS AS MATTER OF CONTROL

For the past three years, the Bush Administration and Department of Defense have sought exemptions from public health and environmental laws on the grounds of "military readiness." However, in meetings with officials from several states, representatives of the armed services said much more: These exemptions are not about military readiness - but control.

It's an Issue of Control - Not Readiness…
"DOD's view is that no external entity - including states and EPA - should have any authority to require any response action (i.e., any investigation or cleanup) within the external boundaries of the range (including groundwater beneath the surface of the range)."

"Ultimately, DOD stated that preempting state authority was 'not a matter of readiness, but of control.'"

"[R]egarding state authority, its [DOD] concern was not really a readiness issue, but a desire to maintain DOD exclusive control over its ranges."

Public Health Laws do not Impede Military Readiness…
"DOD acknowledged that there have not been any instances in which RCRA or CERCLA have impacted readiness, and specifically that no state has ever used its RCRA or state superfund authority in a manner that impacted readiness."

"Two citizen suits have been brought involving ranges; neither resulted in relief in favor of plaintiffs under either RCRA or CERCLA."

"DOD acknowledged that state remedial authorities have not caused any readiness impacts, but express concern that state interest in ranges was growing."

"DOD also acknowledged that states could exercise their remedial authorities in a manner that did not impact readiness."

Large Amounts of Land Exempted…
"[T]he legislative language is quite broad, and refers to land that has been 'designated' as a range…. DOD responded that it does not know the number."

"DOD representatives clarified that a range typically is comprised of impact areas, maneuver corridors, buffer zones, and safety fans. They also stated that parts of ranges (other than impact areas) may be open to public access for fishing, hunting or other recreational activities."