Re: EPA GIVES IN TO DOD ON CLOSED RANGES

[Lenny Siegel <lsiegel@igc.org>]

MORE ON THE MUNITIONS RULE

The Proposed Munitions Rule is appearing in the Federal Register today, 
November 8, so the deadline for comments will be January 7, 1996.

In addition to the proposal to impose a "sunset" on external oversight 
of closed ranges, the proposal contains at least two other significant 
proposals not included in earlier drafts.

First, as an alternative to EPA's preferred option, the creation of a 
new subpart "EE" in its hazardous waste regulations, EPA is now 
considering a Defense Department alternative for "deferral." Under this 
proposal, "EPA would defer regulating the storage of waste military 
munitions under RCRA [the Resource Conservation and Recovery Act] and 
subject them only to the explosives safety standards developed by DDESB 
[the Defense Department Explosives Safety Board] and the Services." EPA 
adds, "The first alternative [deferral] differs from the other two 
options in one important respect: under this alternative, EPA and 
authorized States would have no enforcement or regulatory roles in the 
storage of waste munitions."

Under all the options, standards would be based on DDESB's own 
standards, but the military once again is arguing that it should not be 
subject to external oversight.

Second, EPA has agreed to consider, "in addition to the standard RCRA 
approach to state authorization, an approach that would prohibit States 
from enforcing broader or more stringent requirements with respect to 
military munitions." DOD wants uniform national standards, but the 
states have always argued - usually successfully - that they need the 
option of imposing more stringent rules to meet their particular 
situations." This proposal is likely to antagonize state regulators, 
who along with DOD have been taking part in the consultations that led 
up to the proposed rule.

Lenny Siegel