DOD's RRPI 2004 Fact Sheet on Live Fire Training

[Lenny Siegel <lsiegel@cpeo.org>]

Military Live Fire Training and RCRA/CERCLA*
Source: Department of Defense

The military needs certainty in the application of hazardous waste and
cleanup laws relative to the use or presence of military munitions on
operational military ranges.  Clarification of the role of RCRA and
CERCLA provides a clear demarcation for the application of these laws.

Background:   All branches of the U.S. military require land, air, or
sea space to conduct live-fire maneuvers and weapons training.  Aerial
gunnery and bombardment, artillery practice, naval gunfire, small arms
fire, and mining/de-mining operations are but a few of the skills our
forces need to hone for potential combat use.  DoD's RCRA and CERCLA
legislative provisions are intended to clarify that certain provisions
of these laws cannot be used to shut down testing and training
activities on our operational ranges.  Military munitions, deposited on
the operational range incident to their normal and expected use, are not
solid wastes and are not "releases" subject to regulation under
environmental laws.  This effort to clarify the application of these
laws does not diminish DoD's commitment to environmental stewardship on
our operational ranges.  Rather, these proposals evidence DoD's intent
to achieve the kind of balance that will allow it to meet both of these
important national priorities.

Discussion:  The legislation would:
* Preclude the use of RCRA and CERCLA to shut down munitions testing and
training on operational ranges.
* NOT apply to ranges that are no longer operational ranges (e.g.,
closed, transferred (Formerly Used Defense Sites or FUDS), or
transferring (BRAC)).
* NOT apply to traditional waste management activities (e.g., disposal
by Open Burn/Open Detonation), EVEN IF those activities involve
munitions and occur on operational ranges.
* NOT apply to munitions or munitions constituents that migrate off range.
* NOT apply to any DoD activities, on or off-range, except munitions
test and training.
* NOT apply to DoD contractor facilities.
* NOT amend the Safe Drinking Water Act, which empowers state and
federal regulators to protect drinking water sources even on operational ranges.
* Strengthen EPA's authority to address an imminent and substantial
endangerment from munitions use even ON the operational range.
* NOT affect State and citizen suit authority to address an imminent and
substantial endangerment off the operational range.

Impacts and Facts in Support:  Enactment of these provisions will not
change the overlapping protections of the Safe Drinking Water Act, the
Clean Water Act, the National Environmental Policy Act, and the
Endangered Species Act against environmentally harmful activities at
operational military ranges.  EPA's CERCLA Section 106 authority to
address imminent and substantial endangerment on operational military
bases is explicitly noted.  The legislation clarifies and confirms the
applicability of both RCRA and CERCLA to migration of munitions
constituents off-range.  Finally, the legislation does not modify DoD's
existing cleanup responsibilities at closed, closing, or transferring
ranges, other areas that may have munitions, or current operational
bases that may close in the future.

*RCRA - Resource Conservation and Recovery Act
 CERCLA - Comprehensive Environmental Response, Compensation, and
Liability Act


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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