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Unexploded Ordnance Management Principles

THE DEPARTMENT OF DEFENSE
AND
THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC

SUBJECT: Unexploded Ordnance Management Principles

The Department of Defense (DoD) and the Environmental Protection Agency (EPA) have completed work on a set of management principles to address UXO at Closed, Transferring, and Transferred Ranges. The consensus document, Interim Final Management Principles for Implementing Response Actions at Closed Transferring, and Transferred Ranges, was developed jointly by DoD and EPA. The principles provide interim guidance for ongoing response actions and will be in effect until the final version of the Range Rule is promulgated. DoD and EPA will conduct discussions with the States and Tribes on the DoD management principles.

Sherri W. Goodman
Deputy, Under Secretary of Defense
(Environmental Security)
Department of Defense

Timothy Fields, Jr.
Assistant Administrator for the
Office of Solid Waste and Emergency Response
U.S. Environmental Protection Agency


Attachment

DoD and EPA
Management Principles for Implementing Response Actions at Closed, Transferring, and Transferred (CTT) Ranges

Preamble

Many closed, transferring, and transferred (CTT) military ranges are now or soon will be in the public domain. DoD and EPA agree that human health, environmental and explosive safety concerns at these ranges need to be evaluated and addressed. On occasion, DoD, EPA and other stakeholders, however, have had differing views concerning what process should be followed in order to effectively address human health, environmental, and explosive safety concerns at CTT ranges. Active and inactive ranges are beyond the scope of these principles.

To address concerns regarding response actions at CTT ranges, DoD and EPA engaged in discussions between July 1999 and March 2000 to address specific policy and technical issues related to characterization and response actions at CTT ranges. The discussions resulted iii the development of this Management Principles document, which sets forth areas of agreement between DoD and EPA on conducting response actions at CTT ranges.

These principles are intended to assist DoD personnel, regulators, tribes, and other stakeholders to achieve a common approach to investigate and respond appropriately at CTT ranges.

General Principles

DoD is committed to promulgating the Range Rule as a framework for response actions at CTT military ranges. EPA is committed to assist in the development of this Rule. To address specific concerns with respect to response actions at CTT ranges prior to implementation of the Range Rule, DoD and EPA agree to the following management principles:

1. State and Tribal Participation

DoD and EPA are fully committed to the substantive involvement of States and Indian Tribes throughout the response process at CTT ranges. In many cases, a State or Indian Tribe will be the lead regulator at a CTT range. In working with the State or Indian Tribe, DoD will provide them opportunities to:

2. Response Activities under CERCLA

DoD Components may conduct CERCLA response actions to address explosives safety hazards, to include UXO, on CTT military ranges per the NCP. Response activities may include removal actions, remedial actions, or a combination of the two.

3. Characterization and Response Selection

Adequate site characterization at each CTT military range is necessary to understand the conditions, make informed risk management decisions, and conduct effective response actions.

4. UXO Technology

Advances in technology can provide a significant improvement to characterization at CTT ranges. This information will be shared with EPA and other stakeholders.

5. Land Use Controls

Land use controls must be clearly defined, established in coordination with affected parties (e.g., in the case of FUDS, the current owner; in the case of BRAC property, the prospective transferee), and enforceable.

6. Public Involvement

Public involvement in all phases of the CTT range response process is crucial to effective implementation of a response.

7. Enforcement

Regulator oversight and involvement in all phases of CTT range investigations are crucial to an effective response, increase credibility of the response, and promote acceptance by the public. Such oversight and involvement includes timely coordination between DoD components and EPA, state, or tribal regulators, and, where appropriate, the negotiation and execution of enforceable site-specific agreements.

8. Federal-to-Federal Transfers

DoD will involve current and prospective Federal land managers in addressing explosives safety hazards on CTT ranges, where appropriate.

9. Funding for Characterization and Response

DoD should seek adequate funding to characterize and respond to explosives safety hazards (particularly UXO) and other constituents at CTT ranges when necessary to address human health and the environment.

10. Standards for Depths of Clearance

Per DoD 6055.9-STD, removal depths are determined by an evaluation of site-specific data and risk analysis based on the reasonably anticipated future land use.

11. Other Constituent (OC) Hazards

CTT ranges will be investigated as appropriate to determine the nature and extent of Other Constituents contamination.

References

  1. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 5 9601 et seq.

  2. National Oil and Hazardous Substances Pollution Contingency Plan (more commonly called the National Contingency Plan), 40 C.F.R. 5 300 et seq.

  3. Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 5 6901 et seq.

  4. Military Munitions Rule: Hazardous Waste Identification and Management; Explosives Emergencies; Manifest Exception for Transport of Hazardous Waste on Right-of-Ways on Contiguous Properties; Final Rule, 40 C.F.R. 5 260, et al.

  5. Defense Environmental Restoration Program, 10 U.S.C. § 2701 -2708, 2810.

  6. Department of Defense Explosives Safety Board, 10 U.S.C. § 172

  7. Executive Order (E.O.) 12580, Superfund Implementation, January 13, 1987, and E.O. 1301 6, Amendment to Executive Order 12580, August 28, 1996.

  8. DoD Ammunition and Explosives Safety Standards, DoD Directive 6055.9-STD, dated July 1999

Web page maintained by the Federal Facilities Restoration and Reuse Office
Send comments to: comments_ffrro@epa.gov


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