[Federal Register Volume 62, Number 134 (Monday, July 14, 1997)]
[Notices]
[Pages 37567-37568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18361]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Programmatic Environmental Impact Statement for the Department of
Defense Range Rule
AGENCY: Department of Defense.
ACTION: Notice of Intent (NOI).
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SUMMARY: The Department of Defense (DoD) and its predecessor agencies
have long used military ranges to prepare and train men and women for
the defense of this country. The testing of munitions and training in
their use have occurred since pre-Revolutionary times and reached peaks
during the World Wars. Munitions sometimes fail to function as
intended, resulting in the presence of unexploded ordnance (UXO) on
training and test ranges.
These munitions may be found on closed ranges possessed by DoD,
transferred ranges (including those in the Formerly Used Defense Sites
(FUDS) program, many of which were transferred following the World
Wars), and ranges associated with Base Realignment and Closure (BRAC)
activities and other property transfers to non-military entities.
The Department of Defense announces its intent to prepare a
Programmatic Environmental Impact Statement (PEIS) to consider the
environmental impacts associated with the promulgation of the
Department of Defense Rule on Closed, Transferred, and Transferring
Ranges Containing Military Munitions (hereafter called the DoD range
rule). The PEIS will also consider a reasonable range of alternatives
to a DoD range rule.
The proposed action is to promulgate the DoD range rule. The
promulgation of the proposed rule is necessary for two reasons. First,
the rule is needed to ensure that public and worker safety issues are
thoroughly identified and considered in the decision making process for
UXO response actions. Second, the rule is needed to provide a rational,
consistent, and open process that effectively consolidates the several,
often disparate, authorities presently applicable to UXO response
actions.
Alternatives To Be Considered
Proposed DoD Range Rule
The DoD proposes to adopt the DoD range rule. The draft proposed
DoD range rule is available upon request. Please refer to the addresses
section at the end of this NOI for information on how to obtain a copy.
The DoD range rule would establish a process for identifying,
evaluating, and choosing appropriate response actions on closed,
transferred, and transferring military ranges that are or have been
owned by, leased to, or otherwise possessed or used by the United
States and under the jurisdiction of the Secretary of Defense. Response
actions would address safety hazards as well as effects on human health
and the environment. The DoD Range Rule identifies a process that: (1)
Articulates DoD's statutory authority and responsibility; (2)
recognizes and draws upon DoD's unique expertise and experience; (3)
provides for consistency; (4) ensures response actions will adequately
address safety, human health, and the environment; and (5) provides for
cost-effective and efficient actions.
Response activities on ranges containing military munitions involve
unique explosives safety concerns that are not normally present during
typical response activities. The DoD Range Rule draws upon DoD's unique
expertise and experience and is designed to provide a process that will
ensure the selection of response actions that are protective of human
health and the environment, consistent with these overarching, unique
safety concerns.
Under the proposed DoD Range rule, regulators and the public would
be provided the opportunity to participate in all site-specific
decisions. The rule provides the appropriate federal and state
environmental remediation regulatory agencies and American Indian
Tribes with the opportunity to concur and participate in the
development of the various decision documents under this rule. The rule
also provides Federal Land Managers having jurisdiction, custody, or
control over property on which a range response will occur, the
opportunity to concur and otherwise participate. If a nonoccurrence is
received, dispute resolution procedures are established by the proposed
rule. Entities entitled to invoke dispute resolution procedures will be
established in the final rule.
No Action Alternative
The no action alternative would continue the current condition or
status quo, which amounts to a case-by-case discussion concerning the
application of various environmental laws and regulations. The DoD's
response activities, on and off ranges have been variously subject to
the Defense Environmental Restoration Program (DERP), the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA), the
Resource Conservation and Recovery Act (RCRA), or a varying combination
thereof. This essentially ad hoc approach has resulted in: (1) A lack
of clear direction for the DoD to follow for addressing military
munitions responses; and (2) this confusion contributes to public and
regulator concern that military munitions are not being addressed
adequately.
RCRA Corrective Action
It is DOD's position that UXO remaining on a closed, transferred,
or transferring range does not constitute solid waste subject to RCRA's
corrective action authorities. EPA has considered a contrary position
but it has not yet made any determination. The RCRA corrective action
process consists of a series of steps involved in the identification,
evaluation, and cleanup of solid waste management units. The
application of the corrective action process to closed, transferred,
and transferring military
[[Page 37568]]
ranges will be evaluated as a possible alternative in development of
the draft PEIS.
CERCLA Process
The implementation of the CERCLA process at closed, transferred,
and transferring ranges will also be initially considered as a
potential alternative in development of the draft PEIS. CERCLA provides
for the identification, evaluation, and response to hazardous
substances and constituents released to the environment. CERCLA, as
well as the National Contingency Plan (NCP) and Executive Order 12580,
identifies DoD as the lead agency with respect to release from its
facilities. Other federal agencies have been delegated similar CERCLA
authorities in E.O. 12580 in connection with facilities under their
jurisdiction, custody, or control. With respect to the application of
CERCLA to closed, transferred, and transferring ranges, DoD has
identified some initial concerns. For example, confusion exists as to
the extent of EPA's response authority, and the application of state
applicable or relevant and appropriate requirements (ARARs).
The Formerly Utilized Defense Sites Program
The FUDS Program was initiated to respond to lands once owned by
DoD that are now owned by other government agencies or private
interests. The DoD retains responsibility for the response to expended
ordnance and explosive waste on these lands. The U.S. Army Corps of
Engineers is the DoD Executive Agent for response actions on FUDS. The
Corps' policy has been to consider all FUDS ordnance response to be
CERCLA actions and use interim DoD Defense Environmental Restoration
Program guidance to develop an appropriate response action.
Public Participation
This notice initiates a period of public scoping that is intended
to invite the participation of all interested members of the public, as
well as other public agencies. Comments received during the scoping
period will be used to assist the DoD in identifying significant issues
of public concern regarding potential impacts on the quality of the
human environment. The scoping will also assist the Department of
Defense in developing a reasonable range of alternatives for
consideration in the draft PEIS. The draft PEIS will be published and
made available for public review and comment prior to its finalization.
After review of the draft PEIS, the DoD will address public comments in
a final PEIS that will be published prior to publication of a Record of
Decision (ROD). The ROD will identify the action chosen for
implementation based on those alternatives considered in the PEIS.
DATES: Written and oral comments on the proposed scope of the DoD Range
Rule PEIS are invited from the public. Comments will help to identify
issues of concern and to assist in development of alternatives
considered in the PEIS. To ensure consideration, comments must be
postmarked not later than August 13, 1997. An extension may be provided
upon written request to the extent practicable.
ADDRESSES: Copies of the draft proposed DoD Range Rule can be requested
through one of the toll free numbers below, or from the World-Wide Web
address below.
Requests for information regarding the draft proposed DoD Range
Rule can be requested 24 hours a day by calling the toll-free number at
1-800-870-6542. Comments may be sent via facsimile to 1-800-870-6547. A
toll free number for the hearing impaired is available at 1-800-870-
6557. Comments or requests regarding to DoD Range Rule may be sent via
Internet e-mail to fbarrule@b-r.com. Comments regarding the PEIS may be
sent via Internet e-mail to: fbarreis@b-r.com
Internet: World-Wide Web (WWW): http://www.acq.osd.mil/ens/ or
http: http://denix.cecer.army.mil/denix/denix.htm
FOR FURTHER INFORMATION CONTACT:
For general information on the DoD Range Rule National Environmental
Policy Act (NEPA) process, please contact: DoD Range Rule Information
Center, Post Office box 3430, Gaithersburg, Maryland 20885-3430,
telephone 1-800-870-6542 or via Internet at fbarreis@b-r.com.
Dated: July 9, 1997.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-18361 Filed 7-11-97; 8:45 am]
BILLING CODE 5000-04-M
