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Current Environmental Issues Affecting the Readiness of the Department of Defense

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Current Environmental Issues Affecting the Readiness of the Department of Defense CURRENT ENVIRONMENTAL ISSUES AFFECTING THE READINESS OF THE DEPARTMENT OF DEFENSE JOINT HEARING BEFORE THE SUBCOMMITTEE ON COMMERCE, TRADE, AND CONSUMER PROTECTION AND THE SUBCOMMITTEE ON ENERGY AND AIR QUALITY OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTH CONGRESS SECOND SESSION APRIL 21, 2004 Serial No. 108–119 Printed for the use of the Committee on Energy and Commerce ( Available via the World Wide Web: http://www.access.gpo.gov/congress/house U.S. GOVERNMENT PRINTING OFFICE 93–306PDF WASHINGTON : 2004 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 09:34 Nov 12, 2004 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 93306.TXT HCOM1 PsN: HCOM1 COMMITTEE ON ENERGY AND COMMERCE JOE BARTON, Texas, Chairman W.J. ‘‘BILLY’’ TAUZIN, Louisiana JOHN D. DINGELL, Michigan RALPH M. HALL, Texas Ranking Member MICHAEL BILIRAKIS, Florida HENRY A. WAXMAN, California FRED UPTON, Michigan EDWARD J. MARKEY, Massachusetts CLIFF STEARNS, Florida RICK BOUCHER, Virginia PAUL E. GILLMOR, Ohio EDOLPHUS TOWNS, New York JAMES C. GREENWOOD, Pennsylvania FRANK PALLONE, Jr., New Jersey CHRISTOPHER COX, California SHERROD BROWN, Ohio NATHAN DEAL, Georgia BART GORDON, Tennessee RICHARD BURR, North Carolina PETER DEUTSCH, Florida ED WHITFIELD, Kentucky BOBBY L. RUSH, Illinois CHARLIE NORWOOD, Georgia ANNA G. ESHOO, California BARBARA CUBIN, Wyoming BART STUPAK, Michigan JOHN SHIMKUS, Illinois ELIOT L. ENGEL, New York HEATHER WILSON, New Mexico ALBERT R. WYNN, Maryland JOHN B. SHADEGG, Arizona GENE GREEN, Texas CHARLES W. ‘‘CHIP’’ PICKERING, KAREN MCCARTHY, Missouri Mississippi, Vice Chairman TED STRICKLAND, Ohio VITO FOSSELLA, New York DIANA DEGETTE, Colorado STEVE BUYER, Indiana LOIS CAPPS, California GEORGE RADANOVICH, California MICHAEL F. DOYLE, Pennsylvania CHARLES F. BASS, New Hampshire CHRISTOPHER JOHN, Louisiana JOSEPH R. PITTS, Pennsylvania TOM ALLEN, Maine MARY BONO, California JIM DAVIS, Florida GREG WALDEN, Oregon JANICE D. SCHAKOWSKY, Illinois LEE TERRY, Nebraska HILDA L. SOLIS, California MIKE FERGUSON, New Jersey CHARLES A. GONZALEZ, Texas MIKE ROGERS, Michigan DARRELL E. ISSA, California C.L. ‘‘BUTCH’’ OTTER, Idaho JOHN SULLIVAN, Oklahoma BUD ALBRIGHT, Staff Director JAMES D. BARNETTE, General Counsel REID P.F. STUNTZ, Minority Staff Director and Chief Counsel SUBCOMMITTEE ON COMMERCE, TRADE, AND CONSUMER PROTECTION CLIFF STEARNS, Florida, Chairman FRED UPTON, Michigan JANICE D. SCHAKOWSKY, Illinois ED WHITFIELD, Kentucky Ranking Member BARBARA CUBIN, Wyoming CHARLES A. GONZALEZ, Texas JOHN SHIMKUS, Illinois EDOLPHUS TOWNS, New York JOHN B. SHADEGG, Arizona SHERROD BROWN, Ohio Vice Chairman PETER DEUTSCH, Florida GEORGE RADANOVICH, California BOBBY L. RUSH, Illinois CHARLES F. BASS, New Hampshire BART STUPAK, Michigan JOSEPH R. PITTS, Pennsylvania GENE GREEN, Texas MARY BONO, California KAREN MCCARTHY, Missouri LEE TERRY, Nebraska TED STRICKLAND, Ohio MIKE FERGUSON, New Jersey DIANA DEGETTE, Colorado DARRELL E. ISSA, California JIM DAVIS, Florida C.L. ‘‘BUTCH’’ OTTER, Idaho JOHN D. DINGELL, Michigan, JOHN SULLIVAN, Oklahoma (Ex Officio) JOE BARTON, Texas, (Ex Officio) (II) VerDate 11-MAY-2000 09:34 Nov 12, 2004 Jkt 000000 PO 00000 Frm 00002 Fmt 6011 Sfmt 0486 93306.TXT HCOM1 PsN: HCOM1 SUBCOMMITTEE ON ENERGY AND AIR QUALITY RALPH M. HALL, Texas, Chairman CHRISTOPHER COX, California RICK BOUCHER, Virginia RICHARD BURR, North Carolina (Ranking Member) ED WHITFIELD, Kentucky TOM ALLEN, Maine CHARLIE NORWOOD, Georgia HENRY A. WAXMAN, California JOHN SHIMKUS, Illinois EDWARD J. MARKEY, Massachusetts Vice Chairman FRANK PALLONE, Jr., New Jersey HEATHER WILSON, New Mexico SHERROD BROWN, Ohio JOHN B. SHADEGG, Arizona ALBERT R. WYNN, Maryland CHARLES W. ‘‘CHIP’’ PICKERING, GENE GREEN, Texas Mississippi KAREN MCCARTHY, Missouri VITO FOSSELLA, New York TED STRICKLAND, Ohio GEORGE RADANOVICH, California LOIS CAPPS, California MARY BONO, California MIKE DOYLE, Pennsylvania GREG WALDEN, Oregon CHRIS JOHN, Louisiana MIKE ROGERS, Michigan JIM DAVIS, Florida DARRELL E. ISSA, California JOHN D. DINGELL, Michigan, C.L. ‘‘BUTCH’’ OTTER, Idaho (Ex Officio) JOHN SULLIVAN, Oklahoma JOE BARTON, Texas, (Ex Officio) (III) VerDate 11-MAY-2000 09:34 Nov 12, 2004 Jkt 000000 PO 00000 Frm 00003 Fmt 6011 Sfmt 0486 93306.TXT HCOM1 PsN: HCOM1 C O N T E N T S Page Testimony of: Becker, S. William, Executive Director, State and Territorial Air Pollu- tion Program, Administrators/Association of Local Air Pollution Control Officials .......................................................................................................... 113 Benevento, Douglas H., Executive Director, Colorado Department of Pub- lic Health and Environment ........................................................................ 47 Brown, Steven, Executive Director, Environmental Commissioners of the States ............................................................................................................. 104 DuBois, Raymond, Deputy Under Secretary for Installations and Environ- ment, Department of Defense, accompanied by Ben Cohen, Deputy General Counsel for Environment and Installations ................................. 25 Ensminger, Jerry, Camp Lejeune ................................................................... 79 Gastelum, Ronald, President and CEO, Metropolitan Water District of Southern California ...................................................................................... 109 Horinko, Hon. Marianne Lamont, Assistant Administrator for Solid Waste and Emergency Response, accompanied by Hon. Jeffrey R. Holmstead, Assistant Administrator for Air and Radiation, Environ- mental Protection Agency ............................................................................ 44 Kunich, John C., Associate Professor of Law, Roger Williams University School of Law ................................................................................................ 127 Lowrance, Sylvia K., the National Environmental Trust, accompanied by David Baron, Earth Justice Legal Defense Fund ................................. 118 Miller, Dan, First Assistant Attorney General, Natural Resources and Environmental Section, Colorado Department of Law .............................. 82 Weber, Brig. Gen. Louis W., Director of Training, Department of the Army, accompanied by Col. Richard A. Hoeftert, Director, Army Envi- ronmental Programs ..................................................................................... 38 Material submitted for the record by: Dingell, Hon. John D., letter dated to June 4, 2004, to Robert S. Taylor, enclosing a question for the record, and response to same ....................... 149 Encroachment Impacts on Training and Readiness at Marine Corps Base Camp Pendleton, white paper entitled ........................................................ 152 (V) VerDate 11-MAY-2000 09:34 Nov 12, 2004 Jkt 000000 PO 00000 Frm 00004 Fmt 0486 Sfmt 0486 93306.TXT HCOM1 PsN: HCOM1 CURRENT ENVIRONMENTAL ISSUES AFFECT- ING THE READINESS OF THE DEPARTMENT OF DEFENSE WEDNESDAY, APRIL 21, 2004 HOUSE OF REPRESENTATIVES, COMMITTEE ON ENERGY AND COMMERCE, SUBCOMMITTEE ON ENVIRONMENT AND HAZARDOUS MATERIALS, JOINT WITH THE SUB- COMMITTEE ON ENERGY AND AIR QUALITY, Washington, DC. The subcommittee met, pursuant to notice, at 10 a.m. , in room 2123, Rayburn House Office Building, Hon. Ralph M. Hall (chair- man) presiding. Members present from the Subcommittee on Environment and Hazardous Materials: Representatives Gillmor, Hall, Issa, Otter, Sullivan, Barton (ex officio), Solis, Pallone, Wynn, Capps, Allen, Schakowsky, Gonzalez, Rush, Stupak, Green, and Dingell (ex offi- cio). Members present from the Subcommittee on Energy and Air Quality: Representatives Hall, Cox, Burr, Whitfield, Shimkus, Shadegg, Pickering, Walden, Issa, Otter, Sullivan, Boucher, Barton (ex officio), Allen, Waxman, Markey, Pallone, Brown, Wynn, Green, McCarthy, Capps, and Dingell (ex officio). Staff present: Mark Menezes, majority counsel; Robert Meyers, majority counsel; Jerry Couri, policy coordinator; Bob Rainey, fel- low; Thomas Hasenbloeher, majority counsel; Richard Frandsen, minority counsel; Michael Goo, minority counsel; and Jeff Donofrio, minority staff assistant. Mr. HALL. The subcommittees will come to order. I will start out with an opening statement and then we will hear from Chairman Gillmor from Ohio of the Subcommittee on Environment and Haz- ardous Materials. Others can make an opening statement if they want to but I think it would take from the time that our guests have. We run a pretty lose operation for people to ask the questions they want and extract the answers. We thank each of you because we know what you have gone through and the time it is taken and ability to be prepared to come here before this committee. We thank all of you for it. I will just get underway here and I want to, of course, welcome all the witnesses to today’s hearing on current environmental issues that are affecting the readiness of the Department of De- fense. As President Bush has indicated the other night during his press conference, the simple fact of the matter is we are at war. We are at war in Iraq and Afghanistan and more broadly in our (1) VerDate 11-MAY-2000 09:34 Nov 12, 2004 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 93306.TXT HCOM1 PsN: HCOM1 2 continuing effort to
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