| From: | isaswede@sfsu.edu |
| Date: | 08 Mar 1996 13:49:50 |
| Reply: | cpeo-military |
| Subject: | DOD Draft Range Rule--Summary |
From: Isabelle Englund-Geiger <isaswede@sfsu.edu> This is a multi-part message in MIME format. --------------6A755EA01F15 Content-Type: text/plain; charset=us-ascii Content-Transfer-Encoding: 7bit http://www.acq.osd.mil/ens/Munition/summary.html The following is DOD's summary of its preliminary Draft Range Rule. Aimee Houghton CAREER/PRO --------------6A755EA01F15 Content-Type: text/html; charset=iso-8859-1 Content-Disposition: inline; filename="summary.html" Content-Transfer-Encoding: quoted-printable <BASE HREF=3D"http://www.acq.osd.mil/ens/Munition/summary.html"> <HTML> <HEAD> <TITLE>Range Rule Summary</TITLE> </HEAD> <BODY> <BASEFONT SIZE=3D2> <center><h2>SUMMARY OF THE DEPARTMENT OF DEFENSE DRAFT RANGE RULE</h2><br= > <h3>For Management of Munitions on Closed,<br> Transferred or Transferring Military Ranges </h3></center> <br><br><br> <p>The Department of Defense has developed a draft Range Rule that identi= fies a process for appropriate response actions on closed, transferred and transferring= military ranges. These response actions would address safety, human health and the envir= onment on these ranges. Closed ranges are areas within military control that were once = used for range activities but have since been put to uses that are not compatible with = these activities. The rule would also apply to former ranges on areas transferring from D= epartment of Defense control under the Base Realignment and Closure program, and to f= ormer ranges on areas previously transferred from Department of Defense control. These = ranges were used by the four military services -- Navy, Army, Air Force and Marine Corps = -- to train personnel, or for research, development and testing of military munition= s and related equipment. Some former ranges are in areas transferred to federal and st= ate agencies, or to private citizens. =20 <br><br> <p>On November 8, 1995, the Environmental Protection Agency published a p= roposed Military Munitions Rule in the Federal Register (60 FR 56468). The EPA = proposed this regulation in response to Section 107 of the Federal Facility Compliance= Act. This section amended the Resource Conservation and Recovery Act (RCRA) and re= quired the EPA to propose a regulation identifying when chemical and conventional munit= ions become hazardous waste under RCRA. The EPA proposed that military munitions re= maining on closed, transferred and transferring ranges be considered a "solid waste" under = RCRA. However, the EPA=EDs proposal also recognized the Defense Department=EDs expertis= e in munitions safety and management, and its response authority under federal law. The EPA=ED= s proposed rule stated that if the Department issues a rule for managing munitions on c= losed, transferred and transferring ranges that is fully protective of human health and the= environment -- and allows for public involvement -- the Department=EDs own rule would t= ake the place of the EPA=EDs regulation of these ranges. The team involved with drafting the = Department=EDs Range Rule has expertise in munitions safety, environmental protection, enviro= nmental law and public affairs. =20 <br><br> <p>A formal 60-day public comment period will begin when the proposed rul= e is published in the Federal Register. Current plans call for publishing the proposed= rule in April. The Defense Department will consider all public comments submitted on th= e proposed rule and plans to issue its final Range Rule by October 1, 1996. The final r= ule would be effective one month after the date of its publication. <br>a,br> <p>As currently drafted, the Range Rule lays out the following process fo= r identifying, evaluating, and addressing all land and water areas potentially subject = to the rule: =20 <br><br><br> <h3>DOD RANGE RULE PROCESS OVERVIEW</h3><br> =09 <p>The process for addressing closed, transferred and transferring milita= ry ranges has five basic phases: (1) Range Identification, (2) Range Assessment/Presum= ptive Response (The technical term Presumptive Response is explained in the description= of that phase below.), (3) Range Evaluation/Site-Specific Response, (4) Recurrent Revi= ew, and (5) Final Range Close-out. Once the Range Rule is finalized, the Depart= ment of Defense would issue guidance to further specify how each phase is carried out. <br><br><br> <h3>RANGE IDENTIFICATION:</h3><br> <p>Under the Range Rule, the Department of Defense would oversee a progra= m to identify all land and water closed, transferred, and transferring ranges subject = to the rule. By definition in the draft rule, a military range is any designated lan= d, air or water area used for training with military munitions, or any area used for mun= itions research, development, testing or evaluation. The draft Range Rule defines the fo= llowing:<br><br> <h4>Closed Range:</h4> A closed range is one that is taken out of servic= e by the military and put to a new use that is not suited for range activities. A range i= s considered closed, for example, when construction of buildings in that area have m= ade it unsuited for range use. Closed ranges remain under the control of the military. <br><br> <h4>Transferred Range:</h4> A transferred range is one that has been rele= ased from military control. A number or areas were once controlled by the military and hav= e been released from Defense Department control. These areas are referred to as Formerl= y Used Defense Sites and include transferred ranges. Some of these ranges have been tr= ansferred to other federal agencies such as the Department of Interior or Department of Ene= rgy. Others have been transferred to state and local governments, and to private citizens= . =20 <br><br> <h4>Transferring Range:</h4> A number of military ranges are slated for = transfer outside of military control. These include ranges under the Department of Defen= se Base Realignment and Closure program, as well as other property transfer agreements. Tra= nsferring ranges remain under military control until they have been officially transferre= d to another party. <br> <br> <h4>Active and Inactive Ranges:</h4> Before becoming a transferring rang= e, a range could be in a closed, inactive or active status. An inactive range is one th= at is not currently being used but is held in reserve by the Department of Defense= in the event the Department has a change in mission that requires its use. The manag= ement of active and inactive ranges comes under existing Defense Department and service = regulations. The proper safety-based management guidelines for unexploded ordnance at act= ive and inactive ranges will be addressed in a forthcoming policy to be issued by the Dep= artment of Defense Explosives Safety Board. <br><br> <p>During the Range Identification, detailed information about the ranges= would be centrally recorded and used to establish a central tracking system for range manag= ement. In addition, the Defense Department would determine the priority of actions= to be taken at the ranges subject to its rule. Generally, the first group of ranges ad= dressed would be those already transferred from Defense Department control, followed by r= anges that are transferring and closed. During this phase, Transferred Range Land Reco= rds would be checked to ensure that a notice of the land=EDs prior use as a military = range is contained in official land records.=20 <br> <p>The Range Identification phase would also include public and state inv= olvement in identifying areas potentially subject to the Range Rule. One of the pri= mary goals of the rule is to assure public access to information on each range subject to = the rule. The Range Rule, as currently drafted, also proposes that interested parties = outside the Department of Defense submit documents identifying the location of close= d, transferred or transferring ranges. After verifying the accuracy of these documents= , the Department would enter the information into its central range tracking system. The = Defense Department also plans to provide information on the identified ranges to federal ag= encies that=20 develop and distribute official maps and charts.=20 <br><br><br> <h3>RANGE ASSESSMENT/PRESUMPTIVE RESPONSES:</h3> <br> <p>The first step following identification of a range is to assess any sa= fety, human health or environmental risks the range might pose. This assessment woul= d include=20 collection of existing information on such factors as soils and geology, = terrain, vegetation, climate, current and predicted land use, and other data used= to assess risk. The Range Assessment would be an investigation to distinguish between ra= nges where risks can be readily managed and those that warrant more detailed study and an= alysis. The Range Assessment may require a visual inspection of the range or some sampling= of soil, water, or air. <br> <p>If range conditions warrant a response, the Defense Department would f= irst opt for a readily available, proven method of addressing the risk. Large-scale d= etection and removal of unexploded ordnance cannot always be safely, efficiently or c= ost-effectively achieved because of limitations on current technology. Language in th= e draft Range Rule refers instead to Presumptive Responses. This is defined as any readily = available, proven method of addressing the immediate risk posed by military munitions, or = addressing the risk posed by materials used in connection with munitions. <br> <p>Some examples of a Presumptive Response include:<br><br> =20 <UL> <LI>posting signs warning of danger associated with a range<br> <li>erecting fences or taking other measures to control access<br> <li>starting community education and awareness programs<br> <li>installing monitoring wells to determine if substances are seeping in= to the water underground<br> <li>conducting surface sweeps for unexploded rounds<br> <li>using deed restrictions<br> </UL><br><br> <p>This is by no means a complete listing of the types of responses avail= able to address the risks posed by ranges. The Defense Department plans to develop deta= iled guidance on the responses that can address range hazards. <br> <p>The Department would use available information to determine what Presu= mptive Response is warranted. This would include, but would not be limited to, informat= ion about the types of munitions used, reported incidents involving munitions, and inf= ormation about the environmental setting of the range. The primary difference between t= his type of response and a more complex, site-specific response is the scope of thi= s evaluation. This phase would rely on the quality of the information obtained rathe= r than an extensive amount of data. Consultation with state agencies and public a= ccess to information, as well as a formal comment period, would play an important= part in selecting a Presumptive Response or determining that a more in-depth Range Evaluat= ion must occur. <br><br><br> <h3>RANGE EVALUATION:</h3> <br> <p>Range Evaluations are detailed investigations into the types of muniti= ons used on the range, materials associated with these munitions, and the environmental = setting. Information collected during this phase would be far more specific than= that collected during the range assessment. A greater amount of data would be collecte= d to refine the range assessment. The primary purpose of the Range Evaluation Phase is = to assess the=20 level of risk posed by the site and make an informed risk management deci= sion. The Range=20 Evaluation would be used to determine whether a site-specific response is= required. It is=20 also designed to provide an estimate of the overall risk posed by the ran= ge conditions, as=20 well as address the effectiveness of response options for a specific risk= .=20 <br> <p>Site Specific Response: At this point a determination would be made a= s to the need for a Site-Specific Response. The Site-Specific Response Evaluation would e= xamine various alternatives that address risks which have not been, or cannot be, effec= tively addressed by the types of response options previously described. Each alternative= would be examined in light of explosives safety requirements and nine criteria established= by the National Contingency Plan. These criteria are as follows: <br><br> <UL> <LI>overall protection of human health and the environment<br> <li>compliance with applicable requirements of federal and state law<br> <li>long-term effectiveness and permanence<br> <li>reduction in explosive safety hazards, toxicity, mobility, quantity o= r volume<br> <li>short-term effectiveness<br> <li>"implementability" (how feasible is it to implement the option?)<br> <li>cost<br> <li>acceptability to appropriate federal and state officials<br> <li>community acceptance<br> </UL><br><br> <p>It is important to note that safety is the overriding concern. Before= taking any action on a range, a Site Safety Plan must be submitted to the Department of De= fense Explosive Safety Board for approval. Consultation with state agencies and public = access to=20 information, as well as a formal comment period, would play an important = part in decision-making. Restoration Advisory Boards and similar citizens=ED ad= visory groups would be involved in the process leading to specific range response actions = Because this phase would involve a complex study, it would generally be a long-term = action. <br><br><br> <h3>RECURRENT REVIEWS:</h3> <br> <p>The purpose of Recurrent Reviews is to ensure that range response acti= ons continue to be effective, and to assure that they prevent off-range releases. The r= eview would also determine if additional evaluation is required. The focus of the review= would depend upon the original purpose and nature of the response. The Defense Department= proposes that Recurrent Review of closed, transferred, and transferring ranges start th= ree years after=20 a response action is taken, or as necessary to assure that a response act= ion is still=20 effective. The Recurrent Reviews would be conducted seven, 12 and 18 yea= rs after the=20 response action. There would be an immediate review if an emergency situ= ation is=20 identified. Consultation with state agencies and public access to inform= ation, as well as a formal comment period, would play an important part in drafting the= final report and decision document within this phase. <br><br><br> <h3>FINAL CLOSE-OUT/TERMINATION OF ACTIONS:</h3> <br> <p>Following review to ensure that the range is unlikely to pose further = risk, or that the response objectives were achieved, the Defense Department would end the = response action. However, if at some future date a problem is discovered, the Department = would address the problem as appropriate. Consultation with state agencies and public acc= ess to information, as well as a formal comment period, would play an important part in this= phase. <br><br><hr> <BR> <A HREF =3D "Munition.html"> <IMG SRC=3D"/images/gif/right-hand.gif"><B>Return to the Range Rule HomeP= age</A> <br> <A HREF =3D "ens.html"> <IMG SRC=3D"/images/gif/right-hand.gif"><B>Return to the Environmental Security USD(A&T) HomePage</B></A> <P> <A HREF=3D"http://www.acq.osd.mil/"> <IMG SRC=3D"/images/gif/right-hand.gif"><B>Return to the USD(A&T) HomePag= e </BODY> <BR> </BODY> </HTML> --------------6A755EA01F15-- | |
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