BASE CLOSURE: ASBESTOS, LEAD, RADON

[Lenny Siegel <lsiegel@igc.org>]

CLOSING BASES: ASBESTOS, LEAD PAINT, AND RADON

 The obligation of the Defense Department to clean up
asbestos, lead-based paint, and radon sources in buildings at closing
military bases has always been unclear. These are hazards that are
not covered by the same regulatory statutes or environmental
budgets as groundwater or soil contamination.

 In October, the Defense Department - based upon
consultation among several internal offices - issued policies
designed to clarify the DOD position. They new policies appears to
say that the armed services will not remediate potential lead paint,
asbestos, or radon hazards in residential structures unless they were
1) planning to do so even if the facility was not slated for closure or
2) direct to do so by Congress.

ASBESTOS

 "unless it is determined by a competent authority that the
ACM [asbestos-containing material] in the property does pose a
threat to human health at the time of transfer, all property containing
ACMwill be conveyed, leased, or otherwise disposed of AS IS
[emphasis added] through the Base Realignment and Closure
(BRAC) process.

 Remediation will take place only if there is a health hazard or
if the ACM's type and condition is out of compliance with laws,
regulations, and standards. If demolition is planned, remediation
will not take place.

 Detailed information about asbestos shall be incorporated
into the Environmental Baseline Survey.

LEAD-BASED PAINT

 In general, the military is responsible for inspecting housing
built before 1978 for lead-based paint hazards, but it is required to
abate such hazards only for housing built before 1960. Inspection
and abatement are not required when the building is scheduled for
demolition or non-residential use.

 The results of inspections "will be provided to prospective
purchasers or transferees of BRAC property...."

 The policy also notes that on January 1, 1995, new Federal
regulations, developed through the Residential Lead-Based Paint
Hazard Reduction Act of 1992, take effect. Under that act, Federal
agencies will become subject to state and local rules: "Therefore,
there may be more stringent local requirements applicable to Federal
property transfers."

RADON

 The Defense Department has conducted a study of radon
levels in a representative sample of its buildings. Any radon
assessment data pertaining to BRAC property "shall be included in
property transfer documents." In addition, "DOD policy is not to
perform radon assessment and mitigation prior to transfer to BRAC
property unless otherwise required by applicable law.