Memorandum for the Administrator of the Environmental Protection Agency
Presidential Determination No. 2003-39
The Secretary of the Air Force
http://www.whitehouse.gov/news/releases/2003/09/20030916-4.html

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