|Date:||25 Apr 2002 14:32:28 -0000|
|Subject:||[CPEO-MEF] Pentagon Proposals: A response to R.S. Taylor|
========================================================== Extra! Extra! Read all about it! Get the latest weather, sports, and lifestyle news you can't afford to miss, all at a price you can afford to pay! Click now! http://click.topica.com/caaacQXaVxieSa3Z0qoa/TopOffers ========================================================== Dear Folks,Robert S. Taylor (rst), thinks my recent note on Pentagon proposed changes in environmental law was referring to the Safe Drinking Water Act (SDWA). In fact, I made no mention of SDWA. The first sentence of my note asserted:
"The proposed change in CERCLA by the Pentagon is obscure to the point of being deceptive."Most people on the CPEO list know that CERCLA is not SWDA. Weakening the protections of the public under CERCLA is itself intolerable. There are situations in which CERCLA, rather than SWDA, might be the appropriate instrument to control the extremely hazardous emissions that are an inescapable consequence of bombing, artillery and mortar firing and use of rockets. Moreover, if the illogical changes demanded by the Pentagon are enacted relative in CERCLA, then SWDA could be the next target.
Mr. Taylor writes: "Then why, you might ask, did the Pentagon propose this change? The reason is to ensure that the use of a range for its intended purpose is not treated as if that very use were a bad act -- like an unpermitted release of contaminants on the ground."
The acts in question are "bad" in and of themselves, independent of "intended purpose". The "release of contaminants on the ground", is simply a bad act, no matter who is doing it, particularly when such releases may enter groundwater or be associated with contamination of the air. Moreover, it seems particularly ridiculous to permit such releases on one piece of earth, but to remediate them on adjacent land--especially when the contaminants have migrated from the one to the other.
To follow this discussion, readers need easy access to the Pentagon paragraphs in question:
"(b)(1) Definition of Release. - (1) The term 'release,' as used in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601 et seq.), includes the deposit off an operational range, or the migration off an operational range, of any explosives, unexploded ordnance, munitions, munitions fragments, or constituents thereof.
"(2) The term 'release,' as used in the Comprehensive EnvironmentalResponse, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601 et seq.), does not include the deposit or presence on an
operational range of any explosives, unexploded ordnance, munitions, munitions fragments, or constituents thereof that are or have been deposited thereon incident to their normal and expected use." For a healthier and more peaceful world, Joel Feigenbaum -- Joel Feigenbaum 24 Pond View Drive E. Sandwich MA 02537 (508)-833-0144 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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