[CPEO-MEF] new Army perchlorate guidance

[Lenny Siegel <lsiegel@cpeo.org>]

On June 27, 2003, the Army Assistant Chief of Staff for Installation
Management issued a "Guidance for Addressing Potential Perchlorate
Contamination," implementing the Defense Department's November 13, 2002
"Perchlorate Assessment Policy." The intent of the guidance is "to
provide the Army with a consistent framework for addressing potential
perchlorate contamination resulting from ongoing activities, as well as
past practices." It applies to active and former Army installations as
well as to Formerly Used Defense Sites.

I have pasted below the heart of the guidance. The entire document,
cover memorandum, and the November 13 policy may be downloaded as a 1
megabyte PDF file from
http://www.cpeo.org/pubs/HQDA%20Perchlorate%20Guidance.pdf.

The document instructs Army personnel to report sampling and detection
on operational training ranges, but it does NOT carve out any other
special treatment of perchlorate response on active and inactive ranges.

I will comment on this guidance in a separate message.

Lenny Siegel

***



3.  The Army will adhere to, and comply with, any federal legal
requirement to sample, assess, or otherwise respond to suspected
perchlorate contamination.  The Army will also adhere to and comply with
any state legal requirement to sample, assess, or otherwise respond to
suspected perchlorate contamination to the extent that Congress has
clearly and unambiguously authorized a waiver of sovereign immunity for
this purpose.  The Garrison Commander for active installations, BRAC
Field Office Director for BRAC/excess properties, or the USACE District
Commander for FUDS property will determine, in consultation with legal
counsel, if any federal, state or local statutes and/or regulations are
applicable to the defense site.  Any perchlorate sampling or response
required by federal, state, or local laws and regulations should be
implemented, to the extent possible, consistent with the guidance below,
to include the reporting of data.

4.  In the absence of an applicable legal driver, Army may respond to
possible perchlorate contamination if all the following conditions are satisfied:

  a.  A reasonable basis exists to suspect a potential release of
perchlorate that is associated with DoD activities at the defense site;
  b.  A pathway exists for the potential contamination to threaten
public health;
  c.  Authorization is received from HQDA,/DAIM-ED (ODEP), HQDA,/DAIM-BO
(BRACO), or HQUSACE (CEMP-R) by using the USACE FUDS program management
chain of command.

5.   Determining the potential for perchlorate contamination: 
Installations may have the potential for perchlorate contamination if
the installation has a history of perchlorate use.  This includes the
manufacture of missiles, rockets and/or munitions containing
perchlorates; using perchlorate-containing munitions, such as performing
"hog-out" of rockets and missiles containing solid propellant, or
conducting open burn/open detonation (OB/OD) operations; and other
operations where the likelihood of a perchlorate release exists. 
Information on munitions containing perchlorate will be made available
on DENIX during summer 2003.  To the extent possible, information should
be gleaned on the perchlorate related activity, intensity of activity
and likelihood of a perchlorate release.  The Garrison Commander, BRAC
Field Office Director or USACE District Commander for FUDS is
responsible for determining current and historical uses of perchlorate
related activities for installations and tenant activities.

6.  Determining Potential Pathways for Perchlorate Presence:  The public
may encounter perchlorate contamination in the environment through
exposure to groundwater, surface water, soil, or sediment.  Perchlorate
may reach human receptors via several pathways.  To determine whether a
pathway exists, defense sites will:

a.  Determine if there is any drinking water source that may be impacted
by groundwater or surface water on or leaving the defense site.
b.  Determine if any drinking water systems on or near the defense site
are listed in the EPA Unregulated Contaminants database and determine if
the drinking water system has sampled for or detected perchlorate.  EPA
Unregulated Contaminants database link: http://www.epa.gov/ogwdw000/data/ucmrgetdata.html
c.  Determine through record searches if any soil or sediment
potentially contaminated with perchlorate is being used for fill
material, topsoil, or other uses that may threaten public health.
d.  Review existing documentation of environmental and/or
hydrogeological investigations performed at the defense site.
e.  Work with regulators and the public, as appropriate, to identify
potential exposure scenarios and pathways.



-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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