|From:||Lenny Siegel <email@example.com>|
|Date:||Fri, 11 Aug 2000 15:16:51 -0700 (PDT)|
|Subject:||[CPEO-MEF] Legislation Creates Problematic UXO "Definition"|
U.S. EPA is reportedly warning that a section in the Fiscal Year 2001 Defense Authorization Act, still in conference committee, creates an implied definition that could undermine the ability of environmental agencies to oversee the investigation and remediation of unexploded ordnance (UXO) contamination. Section 2812 of the bill, "Enhanced Lease Authority" contains language which lists "unexploded ordnance" as distinct from "hazardous substances, pollutants, or contaminants." EPA's concern is that the Defense Department will argue that unexploded ordnance is not subject to hazardous waste laws, through which EPA, as well as state and tribal regulatory agencies, are likely to assert oversight, because it is a distinct category. The relevant language, which appears more than once, is "the release or threatened release of any hazardous substance, pollutant or contaminant, petroleum or petroleum derivative, or unexploded ordnance." There is no need, in the context of Section 2812, to use this unusual language. Critics at EPA says that the Defense Department supplied the language to the Senate after EPA and the Justice Department reportedly blocked similar language in definitions within the Range Rule, now under consideration at the Office of Management and the Budget. This seems like an obscure legislative section with minimal impact, but people who have been in the trenches fighting for a workable regulatory framework for UXO consider this a big deal! Before the legislation in finalized Congress should either drop the offending language or clarify that it is not intended to have the broader impact that critics fear. Lenny -- Lenny Siegel Director, Center for Public Environmental Oversight c/o PSC, 222B View St., Mountain View, CA 94041 Voice: 650/961-8918 or 650/969-1545 Fax: 650/968-1126 firstname.lastname@example.org http://www.cpeo.org ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ You can find archived listserve messages on the CPEO website at http://www.cpeo.org/lists/index.html. If this email has been forwarded to you and you'd like to subscribe, please send a message to: email@example.com ___________________________________________________________ T O P I C A The Email You Want. http://www.topica.com/t/16 Newsletters, Tips and Discussions on Your Favorite Topics
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