RANGE RULE ANNOUNCEMENT

[Lenny Siegel <lsiegel@igc.org>]

RANGE RULE ANNOUNCEMENT

Below is the Notice of Intent (NOI) for the Range Rule Programmatic
Environmental Impact Statement (PEIS). The notice appeared in the
Federal Register on July 14, 1997.

DEPARTMENT OF DEFENSE

Office of the Secretary

Programmatic Environmental Impact Statement for the Department of
Defense Range Rule

AGENCY: Department of Defense.

ACTION: Notice of Intent (NOI).

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SUMMARY: The Department of Defense (DoD) and its predecessor agencies
have long used military ranges to prepare and train men and women for
the defense of this country. The testing of munitions and training in
their use have occurred since pre-Revolutionary times and reached peaks
during the World Wars. Munitions sometimes fail to function as intended,
resulting in the presence of unexploded 
ordnance (UXO) on training and test ranges.

These munitions may be found on closed ranges possessed by DoD,
transferred ranges (including those in the Formerly Used Defense Sites
(FUDS) program, many of which were transferred following the World
Wars), and ranges associated with Base Realignment and Closure (BRAC)
activities and other property transfers to non-military entities.

The Department of Defense announces its intent to prepare a Programmatic
Environmental Impact Statement (PEIS) to consider the environmental
impacts associated with the promulgation of the Department of Defense
Rule on Closed, Transferred, and Transferring Ranges Containing Military
Munitions (hereafter called the DoD range rule). The PEIS will also
consider a reasonable range of alternatives to a DoD range rule. The
proposed action is to promulgate the DoD range rule. The promulgation of
the proposed rule is necessary for two reasons. First, the rule is
needed to ensure that public and worker safety issues are thoroughly
identified and considered in the decision making process for UXO
response actions. Second, the rule is needed to provide a rational,
consistent, and open process that effectively consolidates the several,
often disparate, authorities presently
 applicable to UXO response actions.

Alternatives To Be Considered

Proposed DoD Range Rule

The DoD proposes to adopt the DoD range rule. The draft proposed DoD
range rule is available upon request. Please refer to the addresses
section at the end of this NOI for information on how to obtain a copy.
The DoD range rule would establish a process for identifying,
evaluating, and choosing appropriate response actions on closed,
transferred, and transferring military ranges that are or have been
owned by, leased to, or otherwise possessed or used by the United States
and under the jurisdiction of the Secretary of Defense. Response actions
would address safety hazards as well as effects on human health and the
environment. The DoD Range Rule identifies a process that: (1)
Articulates DoD's statutory authority and responsibility; (2) recognizes
and draws upon DoD's unique expertise and experience; (3) provides for
consistency; (4) ensures response actions will adequately address
safety, human health, and the environment; and (5) provides for
cost-effective and efficient actions. Response activities on ranges
containing military munitions involve unique explosives safety concerns
that are not normally present during typical response activities. The
DoD Range Rule draws upon DoD's unique expertise and experience and is
designed to provide a process that will ensure the selection of response
actions that are protective of human health and the environment,
consistent with these overarching, unique safety concerns. Under the
proposed DoD Range rule, regulators and the public would be provided the
opportunity to participate in all site-specific decisions. The rule
provides the appropriate federal and state environmental remediation
regulatory agencies and American Indian Tribes with the opportunity to
concur and participate in the development of the various decision
documents under this rule. The rule also provides Federal Land Managers
having jurisdiction, custody, or control over property on which a range
response will occur, the opportunity to concur and otherwise
participate. If a nonoccurrence is received, dispute resolution
procedures are established by the proposed rule. Entities entitled to
invoke dispute resolution procedures will be established in the final
rule.

The no action alternative would continue the current condition or status
quo, which amounts to a case-by-case discussion concerning the
application of various environmental laws and regulations. The DoD's
response activities, on and off ranges have been variously subject to
the Defense Environmental Restoration Program (DERP), the Comprehensive
Environmental Response, Compensation and Liability Act (CERCLA), the
Resource Conservation and Recovery Act (RCRA), or a varying combination
thereof. This essentially ad hoc approach has resulted in: (1) A lack of
clear direction for the DoD to follow for addressing military munitions
responses; and (2) this confusion contributes to public and regulator
concern that military munitions are not being addressed adequately.

RCRA Corrective Action

It is DOD's position that UXO remaining on a closed, transferred, or
transferring range does not constitute solid waste subject to RCRA's
corrective action authorities. EPA has considered a contrary position
but it has not yet made any determination. The RCRA corrective action
process consists of a series of steps involved in the identification,
evaluation, and cleanup of solid waste management units. The application
of the corrective action process to closed, transferred, and
transferring military [[Page 37568]] ranges will be evaluated as a
possible alternative in development of the draft PEIS.

CERCLA Process

The implementation of the CERCLA process at closed, transferred, and
transferring ranges will also be initially considered as a potential
alternative in development of the draft PEIS. CERCLA providesfor the
identification, evaluation, and response to hazardous substances and
constituents released to the environment. CERCLA, as well as the
National Contingency Plan (NCP) and Executive Order 12580,identifies DoD
as the lead agency with respect to release from its facilities. Other
federal agencies have been delegated similar CERCLA authorities in E.O.
12580 in connection with facilities under their jurisdiction, custody,
or control. With respect to the application of CERCLA to closed,
transferred, and transferring ranges, DoD has identified some initial
concerns. For example, confusion exists as to the extent of EPA's
response authority, and the application of state applicable or relevant
and appropriate requirements (ARARs).

The Formerly Utilized Defense Sites Program

The FUDS Program was initiated to respond to lands once owned by DoD
that are now owned by other government agencies or private interests.
The DoD retains responsibility for the response to expended ordnance and
explosive waste on these lands. The U.S. Army Corps of Engineers is the
DoD Executive Agent for response actions on FUDS. The Corps' policy has
been to consider all FUDS ordnance response to be CERCLA actions and use
interim DoD Defense Environmental Restoration Program guidance to
develop an appropriate response action.

Public Participation

This notice initiates a period of public scoping that is intended to
invite the participation of all interested members of the public, as
well as other public agencies. Comments received during the scoping
period will be used to assist the DoD in identifying significant issues
of public concern regarding potential impacts on the quality of the
human environment. The scoping will also assist the Department of
Defense in developing a reasonable range of alternatives for
consideration in the draft PEIS. The draft PEIS will be published and
made available for public review and comment prior to its finalization.
After review of the draft PEIS, the DoD will address public comments in
a final PEIS that will be published prior to publication of a Record of
Decision (ROD). The ROD will identify the action chosen for
implementation based on those alternatives considered in the PEIS.

DATES: Written and oral comments on the proposed scope of the DoD Range
Rule PEIS are invited from the public. Comments will help to identify
issues of concern and to assist in development of alternatives
considered in the PEIS. To ensure consideration, comments must be
postmarked not later than August 13, 1997. An extension may be provided
upon written request to the extent practicable.

ADDRESSES: Copies of the draft proposed DoD Range Rule can be requested
through one of the toll free numbers below, or from the World-Wide Web
address below. Requests for information regarding the draft proposed DoD
Range Rule can be requested 24 hours a day by calling the toll-free
number at 1-800-870-6542. Comments may be sent via facsimile to
1-800-870-6547. A toll free number for the hearing impaired is available
at 1-800-870-6557. Comments or requests regarding to DoD Range Rule may
be sent via Internet e-mail to fbarrule@b-r.com. Comments regarding the
PEIS may be sent via Internet e-mail to: fbarreis@b-r.com, Internet:
World-Wide Web (WWW): http://www.acq.osd.mil/ens/, or
http://denix.cecer.army.mil/denix/denix.htm

FOR FURTHER INFORMATION CONTACT:

For general information on the DoD Range Rule National Environmental
Policy Act (NEPA) process, please contact: DoD Range Rule Information
Center, Post Office Box 3430, Gaithersburg, Maryland 20885-3430,
telephone 1-800-870-6542 or via Internet at fbarreis@b-r.com.

Lenny Siegel
Director, SFSU CAREER/PRO (and Pacific Studies Center)
c/o PSC, 222B View St., Mountain View, CA 94041
Voice: 415/961-8918 or 415/969-1545
Fax: 415/968-1126
lsiegel@igc.org