9706404 — Page 2023

2006-0527-F FOI MARKER Document ID: 9706404 Row: 46 Shelf: 3 A A. Position: 3 Stack: v Section: 6 This is not a textual record. This is used as an administrative marker by the Clinton Presidential Library Staff. Original OA/ID Number: 3240 ▲ » CHRON FILE FROM: PRESIDENT KEYWORDS: SECURITY BAKERPERSONS: SUBJECT: STATUS: C DUE DATE: 27 SEP 97 ACTION: PRESIDENT SGD PD 97-35 9700698 LOGREF: 9700471 STAFF OFFICER: BAKER CODES: FILES: WH NSCP: DISTRIBUTION DOCUMENT FOR CONCURRENCE FOR ACTION COMMENTS: W/ATTCH BY HAND DATE DISPATCHED BY 4 OF 4 DOC CLOSED BY: NSGP OPENED BY: NSSWD UNCLASSIFIED « UNCLASSIFIED NSC/RMO PROFILE TO: WIDNALL, S BROWNER, C PD ON CLASSIFIED INFO CONCERNING AIR FORCE OPERATING LOCATION NEAR GROOM LAKE DOC DATE: 26 SEP 97 SOURCE REF: RECORD ID: 9706404 RECEIVED: 22 SEP 97 14 FOR INFO BAKER NSC CHRON » RECORD ID: 9706404 CAO ASSIGNED ACTION REQUIRED DOC ACTION OFFICER DISPATCH DATA SUMMARY REPORT DISPATCH FOR INFO DISPATCH FOR ACTION DATE DOC UNCLASSIFIED WIDNALL, S BROWNER, C Z Z Z Z X 002 002 003 003 004 004 004 004 970924 970924 970925 970925 970926 970926 970926 970926 UNCLASSIFIED ACTION DATA SUMMARY REPORT 97092320 FWD TO PRESIDENT FOR SIGNATURE 97092408 FOR SIGNATURE 97092522 FOR FURTHER ACTION 97092522 FOR SIGNATURE 97092910 PRESIDENT SGD PD 97-35 VICE PRESIDENT WH CHIEF OF STAFF VICE PRESIDENT WH CHIEF OF STAFF BURNS, W CONROY, R DUSAULT, P SAUNDERS, T 001 BERGER 002 PRESIDENT 002 EXECSEC 003 PRESIDENT 004 LOG»_ PROOFED BY: NSC INT ARSSYSTEM (PRS URGENT NOT PROOFED: AJO DOCLOG BYPASSED WW DESK: b DISPOSITION SEQUENCE TO Cosgriff Rice Davies Kerrick Steinberg a Berger Situation Room West Wing Desk I MM -27 Records Mgt. D N = No Further Action R = Retain D = Dispatch I = Information A = Action cc: COMMENTS: i Exec Sec Office has disket National Security Council The White House 5 ^s) INITIAUDATE V I Mi t LOG#_i PROOFED BY: NSC INT ARS SYSTEM (Pi URGENT NOT PROOFED: A/O DOCLOG BYPASSED WW DESK: DISPOSITION INITIAUDATE SEQUENCE TO Cosgriff Rice I Davies A Kerrick Steinberg Berger 2 Situation Room 2, West Wing Desl Records Mgt, N = No Further Action R = Retain D = Dispatch I = Information A = Action cc: COMMENTS: Exec Sec Office has diskette « National Security Council The White House is r ’97 SEP 23 p« 7:21 . GC----- - . t 1 * T-£ HOUSE /. a s H i '-j 3 r o N Co V\ &- ■ - ^HSr?. v<£x^J 3J- ^©.beue-i A,.,St’c^/oc fvO>(<uJ* loSO, X 6O£_ S.G^£ Cegl^ lrhsi_zkKXc^-A K_C-«_6->-''*- A. Ci ire- mS-yCt- cw-Gy. , £» a-«Q vf^rO VO ^Csjd‘tv)<4 K oc£. j™ii< £)■> X SUBJECT: near Nothing herein is intended to: persons; or (b) limit tne appiicaoii±uy — requirement of law applicable to the Air Force s operating is authorized and directed to The Secretary of the Air Force publish this determination in the Federal Register. THE WHITE HOUSE WAS HINGTO N September 26, 1997 Presidential Determination No.________97-35___________ MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE Presidential Determination on Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada I find that it is in the paramount interest of the United States to exempt the United States Air Force's operating location near Groom Lake, Nevada (the subject of litigation in Kasza Browner (D. Nev. CV-S-94-795-PMP) and Frost v. Perry (D Nev. CV-S-94-714-PMP)), from any applicable requirement for tne disclosure to unauthorized persons of classified information concerning that operating location. Therefore, pursuant to 42 U.S.C. 6961(a), I hereby exempt the Air Force s operating location near Groom Lake, Nevada, from any Federal, State, interstate, or local provision respecting control and abatement of solid waste or hazardous waste disposal that would require the disclosure of classified information concerung that operating location to any unauthorized person. This exemption shall be effective for the full one-year statutory period. Nothing herein is intended to: (a) imply that in the absence of such a Presidential exemption, the Resource Conservation and Recovery Act (RCRA) or any other provision of law permits or requires disclosure of classified information to unauthorize persons; or (b) limit the applicability or enforcement of any requirement of law applicable to the Air Force s operating location near Groom Lake, Nevada, except those provisions, if any, that would require the disclosure of classified information. suuii a Conservation and Recovery^Act^(RCRA) or any other provision of law permits or 6404 < THE WHITE HOUSE WAS HIN GTO N September 25, 1997 ACTION MEMORANDUM FOR THE PRESIDENT THROUGH: THE EXECUTIVE CLERK FROM:SAMUEL R. BERGE SUBJECT: Purpose Background Presidential Determination on RCRA Exemption for the Operating Location at Groom Lake To continue to exempt the Air Force from public disclosure requirements concerning the inspection and inventory of hazardous waste at the Air Force "operating location near Groom Lake." cc: Vice President Chief of Staff Continuation of this exemption does not prejudge our review of the health and environmental record at the Air Force location. General Kerrick and Jamie Baker are scheduled to visit the ^res'c/ent. You have twice issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information concerning an Air Force location near Groom Lake, Nevada. By statute, the exemption is effective for one year, unless renewed. As a result, the attached exemption should be signed by September 27. The exemption was necessitated by litigation over RCRA compliance at the facility. While ruling that the information in question was appropriately classified, the Federal district court ruled that under RCRA classified information could only be protected from public disclosure pursuant to a Presidential exemption. That ruling remains under appeal. In the interim, Deputy Secretary of Defense Hamre and Secretary of the Air Force Widnall recommend that you renew the exemption to provide continued protection for national security information. EPA Administrator Browner and the Department of Justice's Environmental and Natural Resources Division concur in this recommendation as does Katie McGinty. As with last year's exemption, the attached document is worded to exempt the location only from disclosure requirements and not from applicable environmental standards. 2 RECOMMENDATION That you sign the exemption at Tab A. Tab A Tab B Attachments Presidential Determination Incoming Correspondence from the Deputy Secretary of Defense location in mid-October. As you know, Secretary Cohen is also taking an interest in the matter. We will report back to you, and to Bill, after General Kerrick's trip. .u»/zz/9 i MU[\ 18:45 FAX 703B939355 @002 SAF GC DEPUTY SECRETARY OF DEFENSE 2d SEP 149/ MEMORANDUM FOR SUBJECT: nil PRESIDENT CLINTON THROUGH: MR. BERGER Attachment: SECAF Memo Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada I note that EPA Administrator Browner and the Justice Department’s Environment and Natural Resources Division concur in this recommendation. On September 28, 1996, you issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information concerning an Air Force operating location near Groom Lake, Nevada. By statute, the exemption is effective for one year, unless renewed. The exemption was necessitated by a Federal district court ruling that held that classified information could not be withheld from public disclosure under RCRA absent such an exemption. That ruling is now being appealed. In the meantime, and for reasons addressed in the attached memorandum from Secretary Widnall, I concur in her request and recommendation that you renew the exemption to provide continued protection for the full one-year statutory period while the matter is on appeal. 1010 DEFENSE PENTAGON WASHINGTON, DC 20301-1010 / I I .u»/zzza/ MUrt 18:45 FAA 7036939355 SAF GC 0003 SEP I 9 1997 MEMORANDUM FOR THE DEPUTY SECRETARY OF DEFENSE ( SUBJECT: PURPOSE: Protect classified information concerning the operating location near Groom Lake ITFS OtJXidM As discussed in the memoranda requesting the exemption the last two years, the activities undertaken at the operating location near Groom Lake are crucial to national security. The nature of the activities requires that virtually all information about the location remain classified. To protect national security in the pending litigation, I have made a formal claim of the military and state secrets privilege, which the court has found procedurally and substantively proper. FROM: SECRETARY OF THE AIR FORCE, SHEILA E. WIDN. Prepared by: Mr. Slater, SAF/GC, 697-4406 In the ruling at issue, the court nonetheless held that classified information must be produced pursuant to the public disclosure provisions of Section 3007(b) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6927(b), unless an exemption is granted by the President pursuant to Section 6001(a) of RCRA, 42 U.S.C. § 6961(a). EP A, through briefs filed by the Justice Department, has contested that construction, arguing that RCRA is properly interpreted as not mandating disclosure of classified information, which is consistent with other statutes, the common law, and separation of powers considerations. That issue is now on appeal. To protect classified information concerning the operating location near Groom Lake while the issue is litigated, the President granted such an exemption on September 29,1995, which he renewed on September 28, 1996. To ensure continued protection of the information during the appeal process, a further renewal is required now. DISCUSSION: I recommend and request that you seek from the President a renewal of the exemption he issued on September 28, 1996, protecting from public disclosure classified information concerning an Air Force operating location near Groom Lake in the Nellis Range Complex in Nevada. By statute, the exemption granted last year is effective for one year, unless renewed. The exemption was prompted by a judicial decision in a lawsuit against the Environmental Protection Agency, Kasza v. Browner, which is now on appeal to the U.S. Court of Appeals for the Ninth Circuit. In the meantime, continued protection through a renewed exemption is necessary. Renewal of Presidential Exemption for Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada - ACTION MEMORANDUM SECRETARY OF THE AIR FORCE WASHINGTON sol J @004 SAF GC OSD/GC RECOMMENDATION: I recommend you send to the President the enclosed memorandum and proposed Presidential Determination. COORDINATION: As was true last year, EPA Administrator Browner concurs in this request for exemption, as does the Department of Justice’s Environment and Natural Resources Division, which is defending EPA in the pending litigation. DEPSECDEF DECISION: ____________ Approved ____________Disapproved ____Other Attachment: A/S The text of the proposed exemption is the same as that granted last year. It exempts the Air Force’s operating location near Groom Lake from any provision of hazardous waste law that might require disclosure of classified information concerning the operating location. It also makes clear that other environmental obligations are not diminished. We ask that the exemption be executed and made effective on (but in all events not later than) September 28, 1997, the one- year anniversary of the previous exemption. . »1UA ia:4b FAA /036939355 1U.1 / r.-u i u o o y J b d bAfr GU @005 SUBJECT: The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register. Presidential Determination on Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE ( I find that it is in the paramount interest of the United States to exempt the United States Air Force’s operating location near Groom Lake, Nevada (the subject of litigation in Kasza v. Browner (D. Nev. CV-S-94-795-PMP) and Frost v. Perry (D. Nev. CV-S-94- 714-PMP)) from any applicable requirement for the disclosure to unauthorized persons of classified information concerning that operating location. Therefore, pursuant to 42 U.S.C. 6961(a), I hereby exempt the Air Force’s operating location near Groom Lake, Nevada, from any Federal, State, interstate or local provision respecting control and abatement of solid waste or hazardous waste disposal that would require the disclosure of classified information concerning that operating location to any unauthorized person. This exemption shall be effective for the full one-year statutory period. Nothing herein is intended to: (a) imply that in the absence of such a Presidential exemption, the Resource Conservation and Recovery Act (RCRA) or any other provision of law permits or requires disclosure of classified information to unauthorized persons; or (b) limit the applicability or enforcement of any requirement of law applicable to the Air Force’s operating location near Groom Lake, Nevada, except those provisions, if any, that would require the disclosure of classified information. Presidential Determination No. September 24, 1997 ACTION MEMORANDUM FOR SAMUEL R. BERGER THROUGH: ALAN KRECZKO FROM: JAMES E. BAKER SUBJECT: Concurrence by: RECOMMENDATION That you sign the attached memorandum to the President. Attachments Tab I Tab A Tab B NATIONAL SECURITY COUNCIL WASHINGTON, D C. 20504 Continuation of RCRA Exemption for Operating Location Near Groom Lake Subsequent to receiving concurrence on the attached memorandum to the President, we have added a paragraph noting that execution of this determination does not prejudge our review of the health record and current conditions at the location and that you will report back to the President after General Kerrick's trip. Memorandum for the President Presidential Determination Incoming Correspondence from the Deputy Secretary of Defense The President has twice exempted the "Operating Location near Groom Lake" from the public disclosure requirements of the Resource Conversation Recovery Act in order to protect national security information. By statute, the exemption is effective for one year. 6404 Redo -■'p With the concurrence of EPA and Justice, the Deputy Secretary of Defense is recommending that the President renew the exemption. Katie McGinty concurs as well. As with last year's exemption, the continuation expressly notes that it is not intended to limit the applicability or enforcement of any requirement of law applicable to the facility except those concerning the disclosure of classified information. To ensure continued protection of classified information the President should sign the attached exemption by September 27. Bob Bell and David Sandalow UM/ Z ZI 9 I HUA is :4a FAX 7036939355 SAF GC ' S 00 1 FACSIMILE COVER SHEET DATE: 5 SUBJECT: 6icoc>m COMMENTS: PAGES INCLUDING THIS COVER PAGE: I CERTIFY THAT THE MATERIAL BEING TRANSMITTED IS UNCLASSIFIED AND FOR OFFICIAL USE ONLY AIR FORCE GENERAL COUNSEL SAF/GC 1740 AIR FORCE PENTAGON WASHINGTON, DC 20330-1740 FROM: COMPANY: SAF/GC PHONE: 703-697-0941 (DSN: 2270941) FAX: 703-693-9355 (DSN: 223-9355) c&Z- VSl' Illi Zo 2- TO: rja.tri<L BcbK.ejt Company: Phone: Fax: 6404 THE WHITE HOUSE ’97 SEP 2$ am8:27 WASH INGTON September 24, 1997 ACTION MEMORANDUM FOR THE PRESIDENT THROUGH: SAMUEL R. BERGER FROM: SUBJECT: Purpose Background While ruling To continue to exempt the Air Force from public disclosure requirements concerning the inspection and inventory of hazardous waste at the Air Force "operating location near Groom Lake." Presidential Determination on RCRA Exemption for the Operating Location at Groom Lake cc: Vice President Chief of Staff You have twice issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information concerning an Air Force location near Groom Lake, Nevada. By statute, the exemption is effective for one year, unless renewed. As a result, the attached exemption should be signed by September 27. The exemption was necessitated by litigation over RCRA compliance at the facility. that the information in question was appropriately classified, the Federal district court ruled that under RCRA classified information could only be protected from public disclosure pursuant to a Presidential exemption. THE EXECUTIVE CLERK © That ruling remains under appeal. In the interim, Deputy Secretary of Defense Hamre and Secretary of the Air Force Widnall recommend that you renew the exemption to provide continued protection for national security information. EPA Administrator Browner and the Department of Justice's Environmental and Natural Resources Division concur in this recommendation as does Katie McGinty. As with last year's exemption, the attached document is worded to exempt the location only from disclosure requirements and not from applicable environmental standards. 2 RECOMMENDATION That you sign the exemption at Tab A. Tab A Tab B Attachments Presidential Determination Incoming Correspondence from the Deputy Secretary of Defense SUBJECT: The Secretary of the Air Force is authorized and directed to publish this Determination in the Federal Register. THE WHITE HOUSE WASHINGTON Presidential Determination on Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada I find that it is in the paramount interest of the United States to exempt the United States Air Force's operating location near Groom Lake, Nevada (the subject of litigation in Kasza v. Browner (D. Nev. CV-S-94-795-PMP) and Frost v. Perry (D. Nev. CV-S-94- 714-PMP) from any applicable requirement for the disclosure to unauthorized persons of classified information concerning that operating location. Therefore, pursuant to 42 U.S.C. 6961(a), I hereby exempt the Air Force's operating location near Groom Lake, Nevada from any Federal, State, interstate or local provision respecting control and abatement of solid waste or hazardous waste disposal that would require the disclosure of classified information concerning that operating location to any unauthorized person. This exemption shall be effective for the full one-year statutory period. MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE Nothing herein is intended to: (a) imply that in the absence of such a Presidential exemption, the Resource Conservation and Recovery Act (RCRA) or any other provision of law permits or requires disclosure of classified information to unauthorized persons; or (b) limit the applicability or enforcement of any requirement of law applicable to the Air Force's operating location near Groom Lake, Nevada, except those provisions, if any, that would require the disclosure of classified information. Presidential Determination No. Xv 2d SEP IM? MEMORANDUM FOR SUBJECT: * ill Attachment: SECAF Memo PRESIDENT CLINTON THROUGH: MR. BERGER DEPUTY SECRETARY OF DEFENSE 1010 DEFENSE PENTAGON WASHINGTON. DC 20301-1010 Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada I note that EPA Administrator Browner and the Justice Department’s Environment and Natural Resources Division concur in this recommendation. On September 28, 1996, you issued an exemption under the Resource Conservation and Recovery Act (RCRA) protecting from disclosure classified information concerning an Air Force operating location near Groom Lake, Nevada. By statute, the exemption is effective for one year, unless renewed. The exemption was necessitated by a Federal district court ruling that held that classified information could not be withheld from public disclosure under RCRA absent such an exemption. That ruling is now being appealed. In the meantime, and for reasons addressed in the attached memorandum from Secretary Widnall, I concur in her request a^id recommendation that you renew the exemption to provide continued protection for the full one-year statutory period while the matter is on appeal. SECRETARY OF THE AIR FORCE WASHINGTON MEMORANDUM FOR THE DEPUTY SECRETARY OF DEFENSE FROM: SECRET ARY OF THE AIR FORCE, SHEILA E. WION Prepared by: Mr. Slater, SAF/GC, 697-4406 SEP I 9 /997 SUBJECT: Renewal of Presidential Exemption for Classified Information Concerning the Air Force's Operating Location Near Groom Lake, Nevada - ACTION MEMORANDUM PURPOSE: Protect classified information concerning the operating location near Groom Lake DISCUSSION: I recommend and request that you seek from the President a renewal of the �xemption he issued on September 28, 1996, protecting from public disclosure classified information concerning an Air Force operating location near Groom Lake in the Nellis Range Complex in Nevada. By statute, the exemption granted last year is effective for one year, unless renewed. The exemption was prompted by a judicial decision in a lawsuit against the Environmental Protection Agency, Kasz.a v. Browner, which is now on appeal to the U.S. Court of Appeals for the Ninth Circuit. In the meantime, continued protection through a renewed exemption is necessary. As discussed in the memoranda requesting the exemption the last two years, the activities undertaken at the operating location near Groom Lake are crucial to national security. The nature of the activities requires that virtually all information about the location remain classified. To protect national security in the pending litigation., I have made a formal claim of the military and state secrets privilege, which the court has found procedurally and substantively proper. In the ruling at issue, the court nonetheless held that classified information must be produced pursuant to the public disclosure provisions of Section 3007(b) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6927(b), unless an exemption is granted by the President pursuant to Section 600l(a) of RCRA, 42 U.S.C. § 696l(a). EPA, through briefs filed by the Justice Department, has contested that construction, arguing that RCRA is properly interpreted as not mandating disclosure of classified information, which is consistent with other statutes, the common law, and separation of powers considerations. That issue is now on appeal. To protect classified information concerning the operating location near Groom Lake while the issue is litigated, the President granted such an exemption on September 29, 1995, which he renewed on September 28, 1996. To ensure continued protection of the information during the appeal process, a further renewal is required now. OSD/GC Air Force s operating location near Groom Lake from any provision of hazardous waste law that makes clear that other environmental obligations are not diminished. We ask that the exemption RECOMMENDATION: I recommend you send to the President the enclosed memorandum and proposed Presidential Determination. DEPSECDEF DECISION: ____________Approved ____________Disapproved Other Attachment: A/S The text of the proposed exemption is the same as that granted last year. It exempts the might require disclosure of classified information concerning the operating location. It also be executed and made effective on (but in all events not later than) September 28. 1997, the^one- year anniversary of the previous exemption. COORDINATION: As was true last year, EPA Administrator Browner concurs in this request for exemption, as does the Department of Justice’s Environment and Natural Resources Division, which is defending EPA in the pending litigation. SUBJECT: The Secretary of the Air Force is authorized and directed to publish this determination in the Federal Register. MEMORANDUM FOR THE ADMINISTRATOR OF THE ENVIRONMENTAL PROTECTION AGENCY THE SECRETARY OF THE AIR FORCE Nothing herein is intended to: (a) imply that in the absence of such a Presidential exemption, the Resource Conservation and Recovery Act (RCRA) or any other provision of law permits or requires disclosure of classified information to unauthorized persons; or (b) limit the applicability or enforcement of any requirement of law applicable to the Air Force’s operating location near Groom Lake, Nevada, except those provisions, if any, that would require the disclosure of classified information. Presidential Determination on Classified Information Concerning the Air Force’s Operating Location Near Groom Lake, Nevada I find that it is in the paramount interest of the United States to exempt the United States Air Force’s operating location near Groom Lake, Nevada (the subject of litigation in Kasza v. Browner (D. Nev. CV-S-94-795-PMP) and Frost v. Perry (D. Nev. CV-S-94- 714-PMP)) from any applicable requirement for the disclosure to unauthorized persons of classified information concerning that operating location. Therefore, pursuant to 42 U.S.C. 6961(a), I hereby exempt the Air Force’s operating location near Groom Lake, Nevada, from any Federal, State, interstate or local provision respecting control and abatement of solid waste or hazardous waste disposal that would require the disclosure of classified information concerning that operating location to any unauthorized person. This exemption shall be effective for the full one-year statutory period. Presidential Determination No. 6404 September 22, 1997 ACTION © r^- MEMORANDUM FOR S7XMUEL R. BERGER THROUGH: FROM: SUBJECT: Concurrence by: RECOMMENDATION That you sign the attached memorandum to the President. Attachments Tab I Tab A Tab B NATIONAL SECURITY COUNCIL WASHINGTON, D.C. 20504 Continuation of RCRA Exemption for Operating Location Near Groom Lake Memorandum for the President Presidential Determination Incoming Correspondence from the Deputy Secretary of Defense With the concurrence of EPA and Justice, the Deputy Secretary of Defense is recommending that the President renew the exemption. As with last year's exemption, the continuation expressly notes that it is not intended to limit the applicability or enforcement of any requirement of law applicable to the facility except those concerning the disclosure of classified information. To ensure continued protection of classified information the President should sign the attached exemption by September 27. The President has twice exempted the "Operating Location near Groom Lake" from the public disclosure requirements of the Resource Conversation Recovery Act in order to protect national security information. By statute, the exemption is effective for one year. Katie McGinty concurs in this recommendation. Bob Bell and David Sandalow ALAN KRECZKO^b- JAMES E. BAKER^ 6404 THE WHITE HOUSE WASHINGTON ACTION MEMORANDUM FOR THE PRESIDENT THE EXECUTIVE CLERK THROUGH: SAMUEL R. BERGER FROM: SUBJECT: Purpose Background teirib' /Com] n^/- . laAs with To continue to exempt the Air Force from requirements concerning the inspection cc: Vice President Chief of Staff Presidential Determination on RCRA Exemption for the Operating Location at Groom Lake protectio Browner a Resources Divisio McGinty. word' and/ ublic disclosure d inventory of hazardous waste at the Air Force "operating location near Groom Lake." That ruling regains under appeal. Secretary of /D(----- --- recommend that you renew the exemption to provide continued /for national security information. EPA Administrator d^Department of Justice^ Environmental and Natural j--—‘-concur in this recommendation as does Katie ast year's exemption, the attached document is zTto exempt the location only from disclosure requirements ot from applicable environmental standards. You have twice issued an exemption under the Resource Conservation and Recovery Act (XCRA) protecting from disclosure classified information concerning an Air Force location near Groom Lake, Nevada. By statidte, the exemption is effective for one year, unless renewed. As a result, the attached exemption should be signed by September 27. The exemption was necessitated by litigation over RCRA/Compliance at the facility. While ruling that the information ih question was appropriately classified, the Federal district/court ruled that under RCRA classified information could only be protected from public disclosure pursuant to a Presidential exemption. In the interim, ±h«^Deputy efense Hamre and Secretary of the Air Force Widnall