News of the Arroyo


Title:

Toxic soil cleanup may see setback

Subtitle:

Date:

2003-05-11

Summary:

May 11, 2003 - Proposed federal legislation that would lift environmental regulations affecting the Department of Defense could have local impacts.

Author:

Gary Scott, Staff Writer

Publication:

Pasadena Star News

Content:

Proposed legislation could hinder local efforts against perchlorate

PASADENA -- Proposed legislation that would exempt the U.S. Defense Department from federal environmental laws could hamper efforts to clean up perchlorate contamination in the San Gabriel Valley, critics of the legislation say.

The measure, called the Readiness and Range Preservation Initiative, and supported by the Bush administration, would set aside laws governing the cleanup of contaminants related to munitions testing at facilities operated by the Defense Department or one of its contractors.

It is being considered as part of the larger Defense Department reauthorization act making its way through the GOP-controlled Congress.

Rep. Adam Schiff, D-Pasadena, said he is concerned the proposal could be made retroactive, thereby affecting cleanup at places like Jet Propulsion Laboratory. As a result of decades-ago rocket testing at JPL, perchlorate has leached into the water supply for Pasadena and Altadena.

While JPL is now run by the National Aeronautics and Space Administration not part of the Defense Department it was managed by the U.S. Army at the time most of the perchlorate was deposited.

\"This is not a done deal, but I think it is alarming that the Department of Defense would even be proposing this,\' Schiff said. \"I don\'t like the precedent of it anyway, but it could very well have an impact close to home.\'

Nine wells have been shut down since perchlorate was found in 1997. The city is trying to get NASA to fund a $15 million water-treatment facility so two of the wells can resume pumping, according to Phyllis Currie, Pasadena Water and Power general manager. The larger issue of soil remediation is still being addressed.

Perchlorate, an ingredient in solid rocket propellant, interferes with the thyroid gland and is especially dangerous for pregnant women and newborns, according to the Environmental Protection Agency.

\"With regard to the current perchlorate cleanup effort, this probably won\'t affect us,\' Currie said. \"In the future, it could have an impact on us.\'

NASA officials would not comment, saying they do not discuss pending legislation.

Whether the exemptions will be retroactive appears to hinge on the definition of \"operational range.\' As the legislation is written, exemptions only apply to operational ranges, but the term is not defined.

Schiff said he thinks the proposal is designed to be retroactive, an opinion shared by Sen. Barbara Boxer, D-Calif., a vocal critic of the legislation.

But officials in Rep. David Dreier\'s office disagree. The Glendora Republican helped enact legislation to clean up a perchlorate plume in the East San Gabriel Valley that is blamed, in part, on testing by defense contractor Aerojet.

\"The provisions in that version of the Department of Defense legislation will not affect groundwater cleanup,\' said Jo Powers, spokeswoman for Dreier. \"It does not lift liability for the DOD or any current or previous contractor.\'

Powers said Dreier would oppose any exemption affecting past contamination and is following the bill closely as it moves through the House.

Timothy Brick, Pasadena\'s representative on the Metropolitan Water District board, said he has concerns the legislation will hinder cleanup of perchlorate now leaching into the Colorado River.

The river provides water for the majority of Southern California\'s residents.

Brick said the legislation leaves it unclear who pays for cleanup. The issue of shifting liability to state or local taxpayers is cited by several opposition groups, including water associations, the National Association of Attorneys General and the Environmental Council of States.

\"These provisions could greatly impact the safety of water supplies throughout the country and force consumers to bear the costs for cleanup of DOD-related contamination,\' writes a consortium of water agencies, including the Association of Metropolitan Water Agencies and the Association of California Water Agencies.

The consortium concludes that an operational range would include retired training or research sites. \"The broader definition would provide too many opportunities for DOD to block EPA, its state partners or even water systems from interceding to protect a water source threatened with contamination.\'

Supporters of the legislation contend it is needed to ensure military readiness at a time of heightened national defense concerns.

\"The department has made what I believe is a compelling case that the current inflexible framework for compliance with federal environmental laws result in an increasingly adverse impact on military readiness,\' said Rep. Duncan Hunter, R-El Cajon, chairman of the House Armed Services Committee. His committee began discussing the reauthorization act last week.

Gary Scott can be reached at (626) 578-6300, Ext. 4458, or by e-mail at gary.scott@sgvn.com.


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