Re: DEFENSE TECHNICAL ASSISTANCE PROPOS

[Lenny Siegel <lsiegel@igc.org>]

DEPARTMENT OF DEFENSE (DOD)
32 CFR Part 203
Technical Assistance for Public Participation
*Proposed Rules*
(FEDREGISTER 60 FR 27460 05/24/95; 346 lines.)
Item Key: 12963
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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.
[p27461]

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 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. [p27462]

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. 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. [p27463]

 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]

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