Cal/EPA on FUTURE LAND USE

[Lenny Siegel <lsiegel@igc.org>]

From: Lenny Siegel <lsiegel@igc.org>

Cal/EPA ON FUTURE LAND USE
After consulting with local reuse authorities within the state, on 
December 12 the California Environmental Protection Agency (Cal/EPA) 
Department of Toxic Substances Control (DTSC) has submitted its 
comments of the Defense Department (DoD) cleanup office on Defense's 
draft policy on future land use and cleanup. Here are key excerpts of 
that letter:
"Our experience in California has shown that it is essential that the 
cleanup meets the needs of the community reuse plan. In light of the 
draft policy indicating that DoD does not intend to return to perform 
further remediation when there is a change in land use, it is 
imperative that, whenever practicable, the military honor the 
community's reuse needs when planning the cleanup and that this 
approach be clearly communicated to the military service branches.
"Land use is a local decision. Thus, we would expect that the military 
would remediate the property to the desired future land use. If the 
military is unable to remediate the property to the planned future use 
for some specific reason, how does DoD intend to handle this situation? 
How does DoD plan to resolve a conflict such as this with a local reuse 
authority.
"Since the advent of the Base Realignment and Closure (BRAC) Act, 
California has worked actively with DoD and other policy making 
entities to develop policies and guidance to expedite the cleanup and 
reuse of closing bases. OMF [the DTSC Office of Military Facilities] 
has also worked within the BRAC Cleanup Teams to ensure property at the 
closing bases is remediated to a level consistent with the future 
reuse. OMF believes that DoD's draft policy is important as it 
clarifies DoD's position as to how it intends to respond to cleanup 
requests in the future, once the property has been remediated and 
transferred.
"However, to implement a remedial alternative which does not meet a 
residential risk exposure standard, that is, cleanup to an industrial 
or commercial cleanup level, it is necessary to ensure long term 
operation and maintenance of the remedy, including institutional 
controls (i.e. deed restrictions). Cal/EPA and the local reuse 
authorities are concerned about the resources available to maintain and 
monitor institutional controls on a long term basis. How will the DoD 
address the issue? Please consider this responsibility in redrafting 
the final policy."