May 16, 2003

The Honorable Donald H. Rumsfeld
Secretary
Department of Defense
The Pentagon
Washington, D.C. 20301

Dear Secretary Rumsfeld:

In the spring of 2001, the Department of Defense (DOD) compiled a survey to identify the potential for perchlorate contamination at all active and closed DOD facilities. The survey description stated that "early identification is critical in order to help evaluate potential risks to soils, groundwater, and drinking water." It further stated that "all DOD facilities (active and closed) dating back to 1950 which could have had perchlorate exposure must be identified as quickly as possible."

The U.S. Air Force Research Laboratory, Aerospace Expeditionary Force Technologies Division, Tyndall AFB, Florida was tasked with conducting the perchlorate survey with the assistance of contractor personnel at Applied Research Associates, Incorporated.

Some of the questions that each DOD facility was asked to respond to were:

1. Have you ever sampled for perchlorate in groundwater, soil, sediment, and/or surface water?

2. Have you ever had activities such as open-burn or open-deterioration propellant removal, propellant test and analysis laboratories; ordnance and/or rocket motor testing, or ordnance and/or rocket motor maintenance at your facility?

3. What are your reasons for not sampling for perchlorate?

4. If sampling occurred, has the perchlorate plume been mapped?

5. Are you currently involved in any remediation activities at your facility?

The DOD also indicated that it was contracting separately to get the information listed on an interactive map.

More than two years have passed and DOD has not provided this comprehensive information on perchlorate contamination to the Environmental Protection Agency (EPA) officials who requested it nor to the public at large. In fact, we understand that the EPA withheld issuing information requests to DOD under Section 104(e) of the Comprehensive Environmental Response, Compensation and Liability Act in reliance on DOD assurances that it would voluntarily provide comprehensive information on perchlorate contamination.

It appears that the DOD has adopted a policy of covering up and hiding information about the nature and magnitude of the serious perchlorate contamination that exists at its facilities. As a result, the existence of groundwater contamination from perchlorate at DOD facilities is often first discovered after drinking water wells and supplies are already affected. As the drinking water utility associations have recently informed Congress, such a policy of acting only after the damage has been done will incur unnecessary public health risks, unacceptable losses of water sources, and high costs to clean up water supplies and/or secure alternate sources.

Therefore, we request that you provide us with copies of all of the responses that were submitted by DOD facilities to the perchlorate survey that was initiated in the Spring of 2001, and a copy of the interactive map. We would appreciate receiving this material by Friday, June 6, 2003.

Further, with respect to the 131 DOD facilities that are listed on the Superfund National Priorities List, please indicate which of those facilities used equipment, munitions, or weaponry believed to contain perchlorate, the type of equipment, munitions, or weaponry, whether sampling for perchlorate has occurred, and the results of any such sampling, including the level detected. We would appreciate receiving this information by Friday, June 13, 2003.

Finally, we are concerned that the November 13, 2002, memorandum entitled "Perchlorate Assessment Policy," issued by Assistant Deputy Under Secretary of Defense John Woodley to the Services, is too restrictive to identify contamination of groundwater or surface-water that may be potential sources of drinking water or that may be used for other beneficial uses such as crop irrigation. Before DOD Components can ascertain and assess for perchlorate, that policy appears to require "a pathway on their installations where it could threaten public health." Please state whether this policy would restrict testing and assessment for perchlorate contamination of groundwater that is not currently a source of drinking water but may be a potential source in the future or groundwater that could be used for other beneficial uses such as crop irrigation. We also request any information that has been generated or gathered by DOD installations under the "Perchlorate Assessment Policy." We would also appreciate receiving this information by Friday, June 13, 2003.

If you have any questions about these requests, please contact us or have your staff contact Richard A. Frandsen, Committee on Energy and Commerce Democratic staff, at 202-225-3641 or Heather Taylor of Representative Solis’s office at 202-226-9883. Thank you for your attention to this request.

Sincerely,

JOHN D. DINGELL
RANKING MEMBER
COMMITTEE ON ENERGY AND COMMERCE

HILDA L. SOLIS
RANKING MEMBER
SUBCOMMITTEE ON ENVIRONMENT
AND HAZARDOUS MATERIALS

cc: The Honorable W. J. "Billy" Tauzin, Chairman
        Committee on Energy and Commerce

        The Honorable Paul E. Gillmor, Chairman
        Subcommittee on Environment and Hazardous Materials

        The Honorable Christine Todd Whitman, Administrator
        Environmental Protection Agency