DOD's Proposed Sweeping New Exemptions from Federal Laws Would Remove Virtually Any Independent Oversight of Critical Threats to Public Health and the Environment

The Pentagon has a long history of denying that its operations will endanger the health of military personnel and neighbors, then opposing measures demanded by communities to protect their health once contamination is documented. Extensive toxic contamination both on and off DOD facilities and the history of the Pentagon's insensitivity to the public health and environmental consequences of its operations demonstrate that independent oversight is essential. DOD seeks to block the use of the very tools that communities and states have employed to protect their health and the environment in the face of Pentagon denials and stonewalling.

DOD and other federal agencies have proven that independent oversight and accountability is essential to protect public health and the environment

An abundance of history demonstrates that at federal facilities in general ­ and DOD facilities in particular ­ EPA, states, and communities must have means to enforce compliance and protect public health and the environment. DOD is responsible for over 28,000 contaminated sites costing at least $39 billion to clean up. Up to 16 million acres of land already transferred to other agencies and the public may be contaminated with unexploded ordnance and toxic munitions constituents.

DOD facilities account for 129 of the 165 federal facilities on the Superfund National Priorities List. DOD accounted for 71% of EPA enforcement actions against federal agencies in FY 1997. Seventy-nine of the 124 federal facilities reporting to the Toxic Release Inventory in 1997 were DOD facilities.

Rates of compliance with major environmental laws also demonstrate the need for independent oversight and accountability. In 1992, Congress completely and unequivocally waived federal immunity from the Resource Conservation and Recovery Act (RCRA), making federal agencies subject to penalties for violations. In contrast, federal facilities continue to be immune from penalties for violating the Clean Water Act (CWA). Federal compliance with RCRA has since risen dramatically (and actually rose above the compliance rate of non-federal facilities), while compliance with the CWA has plummeted.

Federal facility compliance with RCRA Federal facility compliance with CWA
(federal agencies ARE subject to penalties) (federal agencies NOT subject to penalties)

FY 1993 55.4% FY 1993 94.2%
FY 2000 93.6% FY 1998 61.5%
DOD compliance with the Clean Water Act is even worse than for the federal government as a whole. In 1999, EPA found that the Navy had violated its CWA National Pollution Discharge Elimination System (NPDES) permit to discharge ordnance into waters around the island of Vieques 102 times in five years. The Marine Corps' Camp Pendleton in California accumulated over 14,000 water discharge, monitoring, and reporting violations, and spilled 3 million gallons of raw sewage into the Santa Margarita River and Lagoon.

The Pentagon's resistance to compliance with environmental and public health laws is not limited to the Clean Water Act. DOD has refused to pay penalties for violations of state requirements regarding underground storage tanks; challenged EPA's attempt to calculate penalties for Clean Air Act violations at military facilities in the same manner as for private facilities; and opposed attempts by EPA and states to require that the Department take responsibility for maintaining institutional controls (deed restrictions, fences, and other tools used in place of complete cleanup) at contaminated sites. DOD has fought in particular against state authority to regulate cleanup of contamination at federal facilities, and has attempted to assert its immunity from public health and environmental laws at every opportunity.

DOD's record on munitions contamination demands independent oversight

Toxic munitions contamination of drinking water, groundwater, soil, and air at both of the sites profiled below ­ and thousands of others ­ would likely be exempted from virtually any independent oversight if the Pentagon's sweeping new exemptions are enacted.

ARMY RENEGES ON SIGNED CLEANUP AGREEMENTS
Badger Army Ammunition Plant - Baraboo, Wisconsin

At the Badger Army Ammunition Plant in Baraboo, Wisconsin, the Army is backing out of signed agreements to clean up toxic munitions contamination of groundwater and soil. Construction of Badger began in 1942 and the plant operated intermittently over a 33-year period, producing single- and double-based propellants for cannon, rocket, and small arms ammunition.

Open burning of propellant-contaminated wastes and solvents, discharge of process water into open ditches and ponds, landfilling of wastes, and chemical spills caused extensive contamination of soils, surface water, sediments, and groundwater. Two plumes of contamination have migrated beyond the facility boundaries. In 1990, high levels of carbon tetrachloride and other carcinogens were discovered in private drinking water wells at levels 15 times above health standards. The Army estimates that these drinking water supplies were contaminated for at least 15 years.

In September 1993, a Restoration Advisory Board was organized, including community members, local government, workers, regulators, and the military, resulting in a consensus cleanup plan that was formally approved by all parties - including the Army - in 1995. The federal RCRA permit specified a timeline and required a level of cleanup that would ensure water was safe to drink and the land was once again productive and useful for agriculture and other desired future use.

But now that the time has come to actually clean up the toxic contamination, the Army is backing out of approved cleanup remedies at virtually every major contaminated site at Badger. Signed agreements to restore contaminated soils and groundwater have been replaced with plans to avoid cleanup and remedies like metal fencing to restrict access. Last June, the Army abandoned the approved plan to remove subsurface soils contaminated with toxic munitions constituents and instead covered the leaking unlined site with a landfill cap. Even now, decades later, explosives and other toxins continue to migrate to groundwater, flowing beyond the fence to the Wisconsin River several miles away.

DOD DENIES THAT MUNITIONS WILL CONTAMINATE DRINKING WATER
Massachusetts Military Reservation - Cape Cod, Massachusetts

Ninety years of operations at MMR have wreaked havoc on the environment and human health in the Upper Cape. There are at least 11 major plumes of groundwater contamination both on and off the base, emanating from over 75 contaminated sites including munitions impact, firing and disposal areas. Hazardous contaminants include munitions constituents such as lead, propellants, and the explosive compounds RDX, HMX, and TNT. The site was placed on the National Priorities List ­ the list of the most contaminated and dangerous sites in the country ­ in 1989.

MMR sits atop the Sagamore Lens, the recharge area for the Upper Cape's sole source drinking water aquifer - the only source of drinking water for 500,000 permanent and seasonal residents. Decades of munitions firing and disposal, along with other activities, have contaminated over 66 billion gallons of the aquifer. More recently, the munitions constituent perchlorate was found in drinking water supply wells in the town of Bourne, forcing the shutdown of several wells. Perchlorate contamination at up to 311 parts per billion has been detected in the southeast corner of the base near the most productive part of the aquifer.

The extent of contamination at MMR was only discovered because of independent oversight by the community, the state, and EPA. In fact, military officials refused to address unexploded ordnance (UXO) at MMR until it had been proven to have caused harm, and maintained that the chance of UXO contaminating the environment at MMR was "virtually zero." Fortunately, EPA Region 1 had independent authority to force DOD to investigate soil and groundwater contamination. As a result of these investigations, explosives contamination has been found in about half of the 200 monitoring wells installed on Camp Edwards (one part of MMR); contamination in 53 exceeds EPA's health advisory levels. The toxic explosive compound RDX has been detected in groundwater at up to 370 parts per billion (EPA's standard is 2 parts per billion). Region 1's Betsy Higgins stated "they're finding a lot more contamination than anyone ever thought we would find."

The true scope of MMR's impact on the health of its neighbors will not be known for some time, if ever. There is already evidence that the impact may be severe and that women in particular may be in danger. In 1991, A Boston University study found as association between artillery and mortar firing positions and lung and breast cancer in people living nearby. The authors recommended an end to the practice of burning excess propellant in the open air at firing positions (a practice which would be exempt from regulation under RCRA if DOD's exemption proposals are enacted). Between 1969 and 1993, women in the Upper Cape died of lung cancer at a rate 33% higher than the state average. From 1982-1990, women in the Upper Cape were 47% more likely to be diagnosed with lung cancer than women in the rest of the state. Women in the Lower Cape were only 14% more likely to be diagnosed with lung cancer. The rate was even higher in census tracts near MMR, 64% greater than the rest of the state. These findings suggest exposure to airborne contamination, which MMR produced in abundance through burning of propellant, open burning/open detonation of munitions, and live fire training.

Military Toxics Project		
Networking for Environmental Justice		
(207) 783-5091 (phone)
(207) 783-5096 (fax)
www.miltoxproj.org					
mtp@miltoxproj.org