[Federal Register Volume 62, Number 134 (Monday, July 14, 1997)]
[Notices]
[Pages 37567-37568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18361]


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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.

No Action Alternative

    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 provides 
for 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 [email protected]. Comments regarding the PEIS may be 
sent via Internet e-mail to: [email protected]
    Internet: World-Wide Web (WWW): http://www.acq.osd.mil/ens/ or 
http: 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 [email protected].

    Dated: July 9, 1997.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 97-18361 Filed 7-11-97; 8:45 am]
BILLING CODE 5000-04-M