Documents / Official release

9606505: 7585721-20060527F-001-012-2023

· 16 pages · text from the file's own layer

This Clinton Presidential Library file holds National Security Council records on Presidential Determination No. 96-54, signed around September 28 to 30, 1996. The Determination renewed for one year an exemption under the Resource Conservation and Recovery Act. The exemption covers the Air Force's operating location near Groom Lake, Nevada, and applies to any requirement to disclose classified information, not to environmental standards. It was issued while the Kasza v. Browner and Frost v. Perry litigation was on appeal. Supporting memos from Anthony Lake, the Deputy Secretary of Defense and NSC staff recommend the renewal.

6505
THE WHITE HOUSE
WASH INGTON
ACTION
MEMORANDUM FOR THE PRESIDENT
THROUGH: THE EXECUTIVE CLERK
FROM: ANTHONY
SUBJECT:
Purpose
To continue
Background
Presidential Determination on RCRA Exemption for
the Operating Location at Groom Lake
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."
That ruling is now being appealed, as is plaintiffs' challenge to
the sufficiency of your original exemption. In the interim,
Deputy Secretary of Defense White and Secretary of the Air Force
Widnall recommend that you renew the exemption to provide
continued protection for national security information while the
matter is on appeal. EPA Administrator Browner and Department of
Justice, Environmental and Natural Resources Division concur in
this recommendation as does Katie McGinty. As with last year's
exemption, the attached document is worded narrowly, to exempt
the location only from disclosure requirements and not from
applicable environmental standards.
cc: Vice President
Chief of Staff
On September 29, 1995, you issued an exemption under the Resource
Conservation and Recovery Act (RCRA) protecting from disclosure
classified information regarding an Air Force facility 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 29. 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.

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Official release, from the nara collection. The PDF is mirrored here; the original link is above. 16 pages are in the text index: search them above, or from the library's search.