Lungren Alone in Opposing Waste Bill : Environment: All other state attorneys general support measure requiring federal facilities to comply with laws on cleanup of hazardous materials.

On the eve of a key congressional vote, California Atty. Gen. Dan Lungren is the only state attorney general objecting to a bill that would require military bases and other federal facilities to comply with environmental laws regulating the handling of hazardous wastes.

A letter signed by the nation’s other 49 attorneys general and released Friday supports the measure, which is expected to come to a vote in the House on Monday. In addition, a spokeswoman in Washington for Gov. Pete Wilson said the legislation is supported by the governor, who voted for a similar measure as a U.S. senator.

In their joint letter, the 49 attorneys general said the legislation is necessary to allow states to hold federal agencies accountable under environmental laws. Environmental groups argue that the bill is the only way to force federal facilities to comply with the same regulations that cover business and other potential polluters.

Lungren’s staff contacted the offices of at least two Republican congressmen this week to voice his objections to the measure. Lungren followed up with a letter to all members of Congress expressing his opposition.

In the letter, he expressed general support for the intent of the legislation, but raised objections to specific provisions and sought amendments to change their effect. Lungren complained that violations that occurred before laws were enacted would result in unfair fines and that vital defense activities could be hampered.

The Republican attorney general cited five GOP senators who had raised questions about the bill. But all five voted for the measure in 1990 and again last month.

Lungren’s press secretary, Dave Puglia, said his boss personally reviewed the legislation and generally supports it.

“Dan Lungren is in full agreement with the other 49 attorneys general that states should be able to hold federal agencies accountable for hazardous waste violations and should be able to impose fines and penalties as a deterrent to other violations,” said Puglia. “He just wants to ensure that Congress closely examines the issue of making such fines retroactive to time periods when there was no law covering these types of violations. And in a general sense, he wants to make sure Congress takes into account valid national security concerns.”

The federal government has been labeled the nation’s worst polluter. Under current law, states and the U.S. Environmental Protection Agency have difficulty enforcing environmental regulations against federal agencies.

The problem is acute in California, which has more contaminated sites at federal facilities than any other state, according to recent studies. The latest Defense Department figures show there are 2,041 contaminated sites at 141 military installations in the state.

Daniel Weiss, director of environmental quality for the Sierra Club, said Lungren’s objections to the measure are not valid.

“This is probably the most important tool we can give to states to make sure that federal facilities within their borders don’t contaminate their citizens,” he said. “Perhaps Atty. Gen. Lungren is carrying water for the White House.”

The Bush Administration opposes the legislation, arguing among other things that it could be too costly for the federal government to clean up its facilities. Puglia denied that Lungren is acting on behalf of the Administration.

The bill was passed overwhelmingly in the House last year and passage is expected again on Monday. Similar legislation is pending in the Senate.

Frantz reported from Washington and Jacobs from Sacramento.