[Federal Register Volume 67, Number 247 (Tuesday, December 24, 2002)]
[Notices]
[Pages 78425-78426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32334]


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DEPARTMENT OF DEFENSE


Presidential Determination on Classified Information Concerning 
the Air Force's Operating Location Near Groom Lake, NV

AGENCY: Department of the Air Force, DOD.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the President has exempted the 
United States 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 to any 
unauthorized persons.

FOR FURTHER INFORMATION CONTACT: Mr. W. Kipling At Lee, Jr., Deputy 
General Counsel (Military Affairs), Office of the Secretary of the Air 
Force, Washington DC 20330; telephone (703) 695-5663.

SUPPLEMENTARY INFORMATION: 42 U.S.C. 6961 makes each department, agency 
and instrumentality of the executive, legislative, and judicial 
branches of the Federal Government (1) having jurisdiction over any 
solid waste management facility or disposal site, or (2) engaged in any 
activity resulting, or which may result, in the disposal or management 
of solid waste or hazardous waste subject to all Federal, State, 
interstate, and local requirements, both substantive and procedural 
(including any requirement for permits or reporting or any provisions 
for injunctive relief and such sanctions as may be imposed by a court 
to enforce such relief), respecting control and abatement of solid 
waste or hazardous waste disposal and management in the same manner, 
and to the same extent, as any person is subject to such requirements, 
including the payment of reasonable service charges. 42 U.S.C. 6961 
also states that the President may exempt any solid waste management 
facility of any department, agency, or instrumentality in the executive 
branch from compliance with such a requirement if he determines it to 
be in the paramount interest of the United States to do so and that any 
exemption shall be for a period not in excess of one year.

[[Page 78426]]

    On September 13, 2002, the President exempted the Air Force's 
operating location near Groom Lake, Nevada from any Federal, State, 
interstate, or local provisions 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. Therefore, the text of the Memorandum from 
the President to the Secretary of the Air Force is set forth below.

Pamela D. Fitzgerald,
Air Force Federal Register Liaison Officer.

Presidential Determination No. 2002-30
September 13, 2002
Memorandum for Administrator of the Environmental Protection Agency 
[and] the Secretary of the Air Force
Subject: 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 the 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.
    The Secretary of the Air Force is authorized and directed to 
publish this determination in the Federal Register.

George W. Bush

[FR Doc. 02-32334 Filed 12-23-02; 8:45 am]
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