[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Proposed Rules]
[Pages 27460-27463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12628]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 203
Technical Assistance for Public Participation
AGENCY: Department of Defense, Office of the Deputy Under Secretary of
Defense for Environmental Security (DUSD(ES)).
ACTION: Notice of request for comments.
-----------------------------------------------------------------------
SUMMARY: Consistent with section 326 of The National Defense
Authorization Act for Fiscal Year 1995 (NDAA-95), the Department of
Defense intends to publish interim rules for providing technical
assistance funding to citizens affected by the environmental
restoration of Department of Defense facilities. This request for
comments discusses and solicits comments on several options the
Department of Defense is considering for providing assistance to
community members of Technical Review Committee (TRCs) and Restoration
Advisory Boards (RABs) to obtain technical advisors and facilitate the
participation of these members and affected citizens in environmental
restoration activities at their associated installations. The
Department of Defense will consider these comments in formulating an
Interim Final Rule.
DATES: Written comments must be received on or before July 24, 1995.
[[Page 27461]] ADDRESSES: Send written comments to the Office of the
Deputy Under Secretary of Defense for Environmental Security/Cleanup,
3400 Defense Pentagon, Washington, DC 20301-3400.
FOR FURTHER INFORMATION CONTACT: Patricia Ferrebee or Marcia Read,
telephone (703) 697-7475.
SUPPLEMENTARY INFORMATION: Today's request for comments has the
following sections:
I. Background
II. Options for Providing Assistance
III. Requests for Comments
I. Background
The Department of Defense is engaged in environmental
investigations, removal actions, treatability studies, community
relations efforts, interim remedial actions, cleanups, and operation
and maintenance activities at approximately 1800 active installations,
70 closing installations, and 2200 formerly utilized defense properties
in the United States under the Defense Environmental Restoration
Program (DERP, 10 USC Chapter 160).
The Department of Defense has issued policy for establishing
Restoration Advisory Boards (RABs) at all installations. On September
9, 1993, the Department of Defense issued policy for establishing RABs
at installations designated for closure or realignment under Base
Realignment and Closure (BRAC) Acts of 1988 and 1990 where property
will be available for transfer the community. On April 14, 1994, the
Department of Defense issued RAB policy for non-closing installations
as part of Management Guidance for Execution of the FY94/95 and
Development of the FY96 Defense Environmental Restoration Program. The
policy called for the establishment of RABs at Department of Defense
installations where there is sufficient, sustained community interest.
Criteria for determining sufficient interest are: (1) A government
requests that a RAB be formed; (2) fifty local residents sign a
petition requesting that a RAB be formed; or (3) an installation
determines that a RAB is needed. On September 27, 1994, the Department
of Defense and the Environmental Protection Agency (EPA) issued joint
RAB guidelines on how to develop and implement a RAB. The guidelines
are now in effect for all installations.
The purpose of a RAB is to bring together people who reflect the
diverse interests within the local community, enabling the early and
continual flow of information between the affected community, the
military installation, and environmental oversight agencies. The
Department of Defense has established, or is in the process of
establishing, RABs to ensure that all stakeholders have a voice and can
actively participate in a timely and thorough manner in the review of
environmental restoration activities and projects at an intallation.
RAB community members provide advice as individuals to the decision-
makers on restoration issues. This forum is used for the expression and
careful consideration of diverse points of view. The RAB complements
other community involvement efforts, but does not replace them.
On October 5, 1994, Congress passed the National Defense
Authorization Act for Fiscal Year 1995 (NDAA-95, Public Law 103-337),
which contained specific provisions for RABs (amending 10 USC 2705
which contains requirements for Technical Review Committees (TRCs)
under the Superfund Amendments and Reauthorization Act). Section 326(a)
[Section 2705(d)(2)] of the NDAA-95 requires the Secretary of Defense
to prescribe regulations on the characteristics, composition, funding,
and establishment of RABs. Section 326(b) of the NDAA [Section
2705(e)(2)(C)] authorizes the Department of Defense to make funds
available to community members of TRCs and RABs to: (1) Obtain
technical assistance in interpreting scientific and engineering issues
with regard to the nature of environmental hazards at an installation
and the restoration activities proposed for or conducted at the
installation; and (2) assist such members and affected citizens to
participate more effectively in environmental restoration activities at
the installation. Section 326(b) [Section 2705(e)(3)(A) and (B)]
specifies that funds for community members of TRCs and RABs at closing
and non-closing installations be provided from the BRAC and Defense
Environmental Restoration Account (DERA), respectively, and that the
total amount of funds from these accounts not exceed $7,500,000. This
paragraph [Section 2705(e)(2)(B) and (C)] further states that funding
can be given to TRC and RAB members only if they reside in the vicinity
of the installation and are not potentially responsible parties.
The Department of Defense has developed a number of options for
providing technical and public participation assistance to community
members of TRCs and RABs. The Department of Defense is issuing this
request for comments to notify the public of its efforts, and to
solicit comments on a number of promising funding options. The
Department of Defense will publish an interim rule specifying available
funding mechanisms after considering any comments received.
II. Options for Providing Assistance
The Department of Defense is seeking to provide technical and
public participation assistance to community members of TRCs and RABs
at its facilities in the most efficient manner. Technical assistance
under this program means the provision of technical advisors,
facilitators, mediators, and educators. Public participation assistance
means the provision of training and related expenses. Three options are
being considered for providing expeditious assistance to TRCs and RABs.
These options are described separately in the following sections, but
are not mutually exclusive.
Option A: Use EPA TAG and TOSC Mechanisms
This option for providing assistance to community members of TRCs
and RABs at Department of Defense facilities involves the use of
existing vehicles under EPA's Technical Assistance Grant (TAG) and
Technical Outreach Services to Communities (TOSC) program. The TAG
program provides funds for qualified citizens' groups affected by a
site on EPA's National Priorities List (NPL) to hire independent
technical advisors to help interpret and comment on site-related
information. Under this option, the Department of Defense and EPA would
sign a Memorandum of Understanding (MOU) authorizing EPA to provide
additional assistance to community organizations subject to existing
TAG regulations. EPA Regional TAG specialists would provide outreach to
community members of TRCs, RABs, or other members of the community
desiring technical assistance and would assist them throughout the
application process and during the post-award administration phase. The
Department of Defense would reimburse EPA for all awarded TAGs at
Department of Defense facilities. Under this option, community members
at NPL installations would obtain funds directly for technical
assistance. Under this option, the TAG regulations published in the
Federal Register on October 1, 1992, page 45311 through 45321, and
recorded in 40 CFR Part 35, Subpart M, would be followed. These
regulations allow for one TAG award per NPL facility but would not
preclude the same community group from applying for additional
technical assistance.
The TOSC is a pilot program funded by EPA to provide communities
affected by hazardous waste sites with a variety of technical support
services. The TOSC [[Page 27462]] program complements EPA's TAG program
by serving as a mechanism for providing technical assistance to
communities near non-NPL hazardous waste sites. The TOSC program
provides services to communities through five geographically-based
Hazardous Substance Research Centers (HSRCs) created in 1986. Each HSRC
is a consortium of universities which supports two EPA Regions (i.e.
Regions 1&2, 3&4, 5&6, 7&8, 9&10). Each HSRC provides independent
technical resources and services that are flexible and tailored to the
identified needs of a community. HSRC researchers and professionals are
available to conduct technical and educational programs in a community,
assist in the review of technical documents, provide comments on
proposed actions, and answer questions. Under this option, the
Department of Defense and EPA would sign an MOU that makes the TOSC
program available to community members of TRCs, RABs, and other
community groups through EPA Superfund Regional Community Relations
Staff. EPA Regional Community Relations Staff would provide outreach
near a Department of Defense facility to community members desiring
TOSC support, would review proposals for assistance from community
members, and would work with them throughout the approval and post-
approval process. The Department of Defense would reimburse EPA for
TOSC service rendered. Under this option, community members of TRCs and
RABs at non-NPL installations would obtain technical advisors and
related services from designated HSRCs.
Option B: Procure One or More Technical Assistance Providers
This option would involve the competitive procurement of one or
more independent technical assistance providers to provide technical
and public participation assistance to community members of TRCs and
RABs at Department of Defense facilities. This assistance would be
above the administrative support to TRCs and RABs already provided by
the installations. One or more technical assistance providers would
provide this assistance and would carry out many of the administrative
and financial management requirements associated with a technical and
public participation assistance program. An announcement, a procurement
for technical assistance providers, would be made via the Federal
Register in conjunction with the publication of the Interim Final Rule
mentioned in Section I. Actual awards to one or more qualified
technical assistance providers would be made via grants or cooperative
agreements based on the results of an independent selection process.
Recent experience with a similar grants process in the Department of
Defense suggests that this option will involve a five or six month
procurement process beginning with a formal announcement of a
competition in the Federal Register and ending with awards to technical
assistance providers.
At a later date, the Department of Defense plans a Federal Register
announcement requesting expressions of interest to serve as a technical
assistance provider. As indicated in that announcement, the technical
assistance provider would provide technical assistance and public
participation assistance to community members of TRCs and RABs. The
provider would be responsible for receiving, evaluating, and making
recommendations on applications from RABs for support and for providing
the applications to the appropriate DoD approving official based on DoD
established criteria. Once the approving official has selected the
applications, the technical assistance provider would assume full
responsibility for ensuring that the technical services and public
participation support provided are delivered in a timely and effective
manner to community members of TRCs and RABs, and that all funds are
managed and dispersed in full compliance with appropriate Department of
Defense regulations. The technical assistance provider would be
responsible for supporting TRC and RAB requests nationwide or within a
particular geographic area. Minimum qualifications for a technical
assistance provider are:
(1) Perceived as neutral and credible.
(2) Either have or be able to obtain an interdisciplinary staff
with demonstrated expertise in hazardous substance remediation,
investigation, management and/or research.
(3) Management capability, for both financial and scientific
management, and a demonstrated skill in planning and scheduling
projects of comparable magnitude to that discussed in this
Announcement.
(4) Ability to provide facilitation and mediation services.
(5) Knowledge and experience in environmental restoration
activities preferably at federal facilities.
(6) A demonstrated ability to disseminate results of hazardous
substance information through an interdisciplinary program to locally
affected and concerned citizens.
(7) The ability to perform the required tasks either nationally or
within a defined geographic area.
(8) Not-for-profit.
Under this option, community members of TRCs and RABs would be
responsible for making requests to the community co-chair or designated
members of the TRC or RAB responsible for applying to the designated
technical assistance provider for assistance and for preparing facility
specific statements describing the type and level of support requested.
The technical assistance provider would be responsible for allocating
available resources among these competing requests using general
guidelines and established criteria provided by Department of Defense.
Option C: Issue Purchase Orders to Assistance Providers
This option would involve the issuance of purchase orders to
technical and public participation assistance providers up to the
allowable government purchase limit per purchase order (now at
$25,000). If multiple purchase orders were needed to assist community
members of a particular TRC or RAB, the combined sum of these purchase
orders could not exceed a specified allotment. Qualified assistance
providers would be selected by the community members of a TRC or RAB at
each Department of Defense facility using guidelines provided by the
Department of Defense. Under this option, community members of the TRC
or RAB would provide a description of the services it is requesting to
a Department of Defense contracting office, along with a cost estimate,
and would identify the assistance provider and the provider's statement
of qualifications. A minimum set of organizational qualifications for
receiving a purchase order would be specified under this option by the
Department of Defense. These qualifications would be promulgated as
part of an Interim Final Rule.
Under all options described in the preceding sections, the local
installations will continue to be responsible for providing
administrative support in accordance with joint EPA and Department of
Defense Restoration Advisory Board Implementation Guidelines issued
September 27, 1994.
III. Requests for Comments
Today the Department of Defense solicits comments on the options
for providing technical and public participation assistance to
community members of RABs or TRCs. Each of the options described in
Section II of this notice have strengths and weaknesses.
[[Page 27463]] Option A is the most timely option with the advantage of
using existing EPA mechanisms to provide support, but also has the
attached limitations of the TAG and TOSC programs as to the type of
support which could be provided. Option B would procure independent
technical assistance providers for the program and would relieve
community members of TRCs and RABs of much of the administrative burden
associated with managing government grants; however, it requires the
time needed for a competitive procurement and does not provide the
funds directly to community members of TRCs and RABs. Option C allows
greater control and flexibility by community members, but imposes
greater administrative burdens on community members of TRCs and RABs
and on the contracting office issuing the purchase order. The
Department of Defense is interested in determining the opinions of
affected citizens and groups on these options. This would include
preferences for particular options over others. It would also include
comments on the individual options and the components of those options
as described in Section II. There also exists the possibility of
combining one or more of the Section II options. The Department of
Defense solicits any comments or suggestions regarding option
combinations. The Department of Defense also solicits comments on
specific aspects of each option as well as on additional options
desired to provide for technical and public participation assistance.
Within the options are specific items for which the Department of
Defense solicits comments. These include the qualifications given for
the independent technical assistance providers described in Option B.
Comments on either the list of qualifications provided or on additional
qualifications which should be added are encouraged. Both Options A and
B have provisions for the division of the country into geographic areas
with different service providers for each area. Do those commenting
have preferences regarding nationwide versus regionalized coverage by
service providers for these options? All options will be subject to an
allotment cap. Do those commenting have suggestions as to the size of
such a cap or the criteria which should be use to establish a cap? The
Department of Defense has developed a list of public participation
services it believes should be provided under Options B and C in
addition to hiring technical advisors, facilitators, mediators and
educators. These services are: translation and interpretation;
training; transportation to meetings; and payment of approved travel.
Comments on these or other services to be included under Options B and
C are encouraged.
Dated: May 18, 1995.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-12628 Filed 5-23-95; 8:45 am]
BILLING CODE 5000-04-M
