[Federal Register Volume 68, Number 163 (Friday, August 22, 2003)]
[Proposed Rules]
[Pages 50900-50941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21013]



[[Page 50899]]

-----------------------------------------------------------------------

Part IV





Department of Defense





-----------------------------------------------------------------------



32 CFR Part 179



Munitions Response Site Prioritization Protocol; Proposed Rule

  Federal Register / Vol. 68, No. 163 / Friday, August 22, 2003 / 
Proposed Rules  

[[Page 50900]]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 179


Munitions Response Site Prioritization Protocol

AGENCY: Department of Defense.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense (DoD) is proposing a rule that 
establishes the Munitions Response Site Prioritization Protocol 
(hereinafter referred to as the ``Protocol''). The purpose of the 
Protocol is to assign a relative priority for munitions responses to 
each location in the inventory of munitions response sites known or 
suspected of containing unexploded ordnance, discarded military 
munitions, or munitions constituents.

DATES: Written comments on this proposed rule will be accepted until 
November 20, 2003.

ADDRESSES: Written comments should be mailed to: Munitions Response 
Site Prioritization Protocol, P.O. Box 4231, McLean, Virginia 22103-
4231. Comments will also be accepted via electronic mail (``e-mail'') 
at [email protected] or via the World Wide Web at http://www.denix.osd/mil/MMRP. For comments submitted via electronic mail, 
please include in the subject line the statement ``Comments on Proposed 
Protocol.''

FOR FURTHER INFORMATION CONTACT: If there are specific questions, 
please contact Ms. Patricia Ferrebee, Office of the Deputy Under 
Secretary of Defense (Installations & Environment) (ODUSD(I&E)), 703-
695-6107. This proposed rule along with relevant background information 
is available on the World Wide Web at the Defense Environmental Network 
& Information eXchange Web site, http://www.denix.osd.mil/MMRP.

SUPPLEMENTARY INFORMATION:

I. Protocol

    The Protocol reflects the statement in 10 U.S.C. 2710(b)(2) that 
the priority assigned should be based on the overall conditions at each 
location, taking into consideration various factors relating to safety 
and environmental hazard potential. As required under 10 U.S.C. 
2710(b)(1), the priority assigned to each munitions response site will 
be included with the inventory information made publicly available. The 
requirement for an inventory of munitions response sites known or 
suspected of containing unexploded ordnance, DMM, or MCs is found at 10 
U.S.C. 2710(a). The assigned priority will be updated annually to 
reflect new information that becomes available.
    The Protocol evaluates the following potential explosive safety and 
environmental hazards:
    [sbull] Explosive hazards posed by unexploded ordnance (UXO) and 
discarded military munitions (DMM)
    [sbull] Hazards associated with the effects of chemical warfare 
materiel (CWM)
    [sbull] The chronic health and environmental hazards posed by 
munitions constituents (MC) or other chemical constituents.
    DoD recognizes the different hazards inherent to each class of 
materials. To address these differences, the Protocol has three hazard 
evaluation modules, each of which is specific to one type of hazard, 
specifically:
    [sbull] Explosive hazards are evaluated using the Explosives Hazard 
Evaluation (EHE) module.
    [sbull] CWM-related hazards are evaluated using the Chemical 
Warfare Materiel Hazard Evaluation (CHE) module.
    [sbull] Health and environmental hazards posed by MC are evaluated 
using the Relative Risk Site Evaluation (RRSE) module.
    DoD recognizes that sufficient data to apply all three of the 
hazard evaluation modules may not be immediately available for some 
munitions response sites. In such cases where data are available for 
only one or two of the modules, the priority will be assigned based on 
the modules for which sufficient data are available. This initial 
priority may change when additional data are collected and all three 
modules are evaluated. Modules for which there are insufficient data 
will be assigned a status of ``evaluation pending.''
    Upon completion of all necessary munitions responses at a munitions 
response site, the status ``prioritization no longer required'' will be 
assigned. The sequencing of munitions response sites for environmental 
restoration activities will be based primarily on the priority assigned 
using this Protocol, but may also reflect other relevant information, 
such as stakeholder concerns, economic issues, and program management 
considerations.
    DoD is proposing to promulgate this Protocol as a Federal 
regulation. When promulgated as a Federal regulation, per 10 U.S.C. 
2710(b)(3), the priority assigned to each munitions response site ``* * 
* shall not impair, alter, or diminish any applicable Federal or State 
authority to establish requirements for the investigation of, and 
response to, environmental problems'' at the munitions response site. 
It is also important to note that the priority assigned does not impact 
the actions taken during a munitions response. All munitions response 
sites known or suspected to contain UXO, DMM, or MC will be 
investigated and, as required by site-specific conditions, the UXO, 
DMM, or MC present will be addressed through removal actions, remedial 
actions, or a combination of removal and remedial actions.

II. Legal Authority

    This part is proposed under the authority of 10 U.S.C. 2710(b).

III. Background

    Through the Defense Environmental Restoration Program (DERP), the 
Department of Defense (DoD) is protecting human health and the 
environment at its active and closing installations, as well as at 
Formerly Used Defense Sites. In all 50 States, the District of 
Columbia, and U.S. territories, DoD is making measurable progress in 
cleaning up chemical contamination from past defense activities to 
protect its forces, their families, and civilian neighbors from 
environmental health and safety hazards. DoD is now beginning to 
undertake similar efforts under the DERP to address potential health 
and safety hazards associated with its past use of military munitions.

A. Scope of the Defense Environmental Restoration Program

    Section 211 of the Superfund Amendments and Reauthorization Act 
(SARA) of 1986 \1\ (codified at 10 U.S.C. 2701) established the DERP. 
Per the provisions in 10 U.S.C. 2701(a), the ``Secretary of Defense 
shall carry out a program of environmental restoration at facilities 
under the jurisdiction of the Secretary.'' The phrase ``under the 
jurisdiction of the Secretary'' is further described by 10 U.S.C. 
2701(c), which states: ``The Secretary shall carry out (in accordance 
with the provisions of this chapter and CERCLA) all response actions 
with respect to releases of hazardous substances from each of the 
following: (A) Each facility or site owned by, leased to, or otherwise 
possessed by the United States and under the jurisdiction of the 
Secretary. (B) Each facility or site which was under the jurisdiction 
of the Secretary and owned by, leased to, or otherwise

[[Page 50901]]

possessed by the United States at the time of actions leading to 
contamination by hazardous substances. (C) Each vessel owned or 
operated by the Department of Defense.''
---------------------------------------------------------------------------

    \1\ SARA was signed into law on October 17, 1986, amending the 
Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA) of 1980, 42 U.S.C. 9601 et seq. Related sections in 
Title 10 of the United States Code, 10 U.S.C. 2702-2710 and 2810-
2811, further define the DERP.
---------------------------------------------------------------------------

    The scope of the DERP is defined at 10 U.S.C. 2701(b), which 
states: ``Goals of the program shall include the following: (1) The 
identification, investigation, research and development, and cleanup of 
contamination from hazardous substances, and pollutants and 
contaminants. (2) Correction of other environmental damage (such as 
detection and disposal of unexploded ordnance) which creates an 
imminent and substantial endangerment to the public health or welfare 
or to the environment.* * *''

B. Military Munitions Use

    Military munitions are used in training for combat, in munitions 
testing, and in weapons research, development, testing, and evaluation. 
When a military munition is used, but remains unexploded either by 
malfunction, design, or any other cause, it is called unexploded 
ordnance (UXO) and may pose an explosive hazard. Other military 
munitions may have been disposed of or abandoned, becoming what is 
known as a discarded military munitions (DMM). DMM are sometimes 
disposed of or abandoned through an attempt at treatment by burning or 
open detonation; other times DMM are directly disposed of or abandoned. 
When UXO or DMM are present at a location where DoD no longer intends 
to use military munitions, there are potential hazards. DoD established 
the Military Munitions Response program (MMRP) as part of the DERP 
specifically to address potential explosive and environmental hazards 
associated with UXO, DMM, and the chemical constituents of these 
munitions (i.e., munitions constituents). The purpose of this Protocol 
is to assign a relative priority to locations where a munitions 
response is needed to mitigate these potential hazards.

C. Implementing Guidance for the DERP

    DoD's primary implementing guidance for the DERP is the Management 
Guidance for the Defense Environmental Restoration Program (September 
28, 2001), hereinafter referred to as the Management Guidance. The 
Management Guidance is issued by the Deputy Under Secretary of Defense 
(Installations & Environment) (DUSD (I&E)) and is available on the 
World Wide Web at http://www.dtic.mil/envirodod/Policies/PDDERP.html. 
The Management Guidance defines the basic program structure for DoD's 
environmental restoration activities and includes specific provisions 
addressing munitions responses. These provisions include:
    [sbull] Establishing the Military Munitions Response program 
category within the DERP to implement and track munitions responses
    [sbull] Defining munitions responses as actions, including 
investigation, removal actions, and remedial actions, to address the 
explosives safety, human health, or environmental risks presented by 
UXO, DMM, or MC
    [sbull] Directing the DoD Components to identify and establish an 
inventory of certain locations where a munitions response may be 
required
    [sbull] Requiring DoD Components to evaluate the hazards posed 
where the presence of UXO, DMM, or MC are known or suspected to be 
present, and to conduct an appropriate munitions response
    [sbull] Requiring the DoD Components to conduct munitions responses 
in accordance with the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), 
Executive Order (E.O.) 12580, Superfund Implementation (January 23, 
1986) and E.O. 13016 Superfund Amendments (August 28, 1996), and the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP) 
(40 CFR part 300).

D. The National Defense Authorization Act for Fiscal Year 2002

    As DoD began to implement these requirements, Congress passed and 
the President signed into law several new requirements related to UXO, 
DMM, and MC. These provisions, found in the National Defense 
Authorization Act for Fiscal Year 2002 (Public Law 107-107), Sections 
311-313, were codified 10 U.S.C. 2703 and 2710.
    One of these requirements, specifically 10 U.S.C. 2710(a), directed 
the Secretary of Defense to develop an inventory of munitions response 
sites that are known or suspected to contain UXO, DMM, or MC. Per 10 
U.S.C. 2710(b), DoD is also required to develop, in consultation with 
representatives of the States and Indian Tribes, a proposed protocol 
for assigning to each munitions response site in this inventory a 
relative priority for response activities related to UXO, DMM, and MC 
based on the overall conditions at the munitions response site. 
Further, after public notice and comment on the proposed protocol, DoD 
is to issue a final protocol and apply the final protocol to all 
munitions response sites listed on the inventory.
    The statute specifically excludes from the inventory required under 
10 U.S.C. 2710(a) and, therefore, from application of this Protocol all 
locations that are:
    [sbull] Not currently or were not previously owned by, leased to, 
or otherwise possessed or used by DoD (excluded because these locations 
do not meet the definition of a defense site)
    [sbull] Not known or suspected of containing UXO, DMM, or MC 
(excluded because these locations are not included in the inventory)
    [sbull] Outside the United States (excluded per 10 U.S.C. 
2710(d)(1))
    [sbull] Locations where the presence of military munitions is a 
result of combat operations (excluded per 10 U.S.C. 2710(d)(2))
    [sbull] An operating storage or manufacturing facility (excluded 
per 10 U.S.C. 2710(d)(3))
    [sbull] Used for, or were permitted for, the treatment or disposal 
of military munitions (excluded per 10 U.S.C. 2710(e)(1))
    [sbull] An operational range (excluded per 10 U.S.C. 2710(d)(4) and 
10 U.S.C. 2710(e)(1)).
    As of the end of FY02, DoD has identified 2,307 munitions response 
sites in the inventory, an increase of 553 from the number DoD 
initially reported at the end of FY01. The FY02 inventory is comprised 
of 1,691 munitions response sites at FUDS, 542 at active installations, 
and 74 at installations subject to closure as part of the Base 
Realignment and Closure program. The current estimate of the costs of 
munitions responses for munitions response sites in the inventory 
exceeds $11.5 billion. More detailed information on the inventory can 
be found in the Fiscal Year 2002 Defense Environmental Restoration 
Program Annual Report to Congress. This report can be accessed via the 
World Wide Web at http://www.dtic.mil/envirodod/DERP/DERP.htm.

IV. Development of the Protocol

    Soon after enactment of 10 U.S.C. 2710, the Office of the Deputy 
Under Secretary of Defense (Installations & Environment) convened a 
working group with representatives from the DoD Components 
knowledgeable in explosive safety or environmental restoration. This 
DoD work group led the effort to develop the Protocol for prioritizing 
munitions response sites, including conducting preliminary discussions 
and interviews, constructing and testing the Protocol, and consulting 
with stakeholders

[[Page 50902]]

throughout the process to gain their input and address their concerns.

A. Preliminary Interviews

    As part of the initial effort in the development of the Protocol, 
the DoD work group conducted a small number of preliminary interviews 
of people within and outside DoD, including representatives of the DoD 
Components, other Federal and State agencies, American Indian and 
Alaska Native Tribes, and the public. The intent of these preliminary 
interviews was to query a small number of people familiar with or 
interested in the prioritization of DoD's munitions response sites to 
establish a baseline for the development effort. Approximately 100 
people were interviewed.
    The interviews involved a standard questionnaire requiring a 
combination of structured (e.g., multiple choice) and narrative answers 
related to four areas the work group thought important to developing 
the Protocol:
    [sbull] General characteristics for the Protocol
    [sbull] The respondents' knowledge of the requirements for 
developing the Protocol, as those requirements were detailed in 10 
U.S.C. 2701(b)
    [sbull] The respondents' views on the importance of various data 
elements found in similar priority setting models, and
    [sbull] Whether or not the respondent had any additional comments 
not covered in the structured questions

In general, the responses indicated that the Protocol should:
    [sbull] Be simple in approach and operation
    [sbull] Be easy to understand
    [sbull] Have standardization of application
    [sbull] Provide consistent and repeatable results
    [sbull] Prioritize all munitions response sites into between 3 and 
6 categories, and
    [sbull] Keep the evaluation of the explosive hazards and the 
environmental hazards separate

The information gathered during these interviews provided the DoD work 
group with ideas for the initial characteristics that the Protocol 
should and should not contain. The work group considered these 
characteristics throughout the process of constructing the Protocol, 
including during the review of selected priority setting models.

B. Review of Selected Priority-Setting Models

    Reflecting on the preferred characteristics identified during the 
preliminary interviews, DoD reviewed six existing tools used to 
prioritize sites for environmental restoration activities and analyzed 
the characteristics of each. Among the characteristics reviewed, the 
DoD work group sought to understand the means each tool used to balance 
differing concerns so that no one type of information dominated the 
model. One characteristic that became readily apparent was the number 
of major factors considered. Adopting the term ``axis'' to describe 
each major factor in the construct of the models reviewed, the work 
group sought to determine the number of axes the Protocol should have 
as the number of axes determines or limits the weight that can be 
applied to any one type of information. To achieve sufficient 
differentiation among sites, it is important that no one axis dominate 
the method.
    Risk Assessment Code (RAC). Since 1990, the U.S. Army Corps of 
Engineers (USACE) has applied the RAC at both Formerly Used Defense 
Sites (FUDS) and Base Realignment and Closure installations as a tool 
for prioritizing ordnance and explosives response actions. In the 
Management Guidance, DoD adopted the RAC as an interim tool for 
prioritizing munitions response sites. The RAC is a two-axis model that 
assumes risk is a function of (1) exposure and (2) the hazard posed by 
the munitions present. The RAC assigns sites to one of five classes 
from high risk (RAC Score 1) to negligible risk (RAC score 5). It is a 
simple model that can be applied with limited information.
    Range Rule Risk Methodology (R3M). The R3M was developed during 
DoD's effort to promulgate the DoD Range Rule. The Qualitative Risk 
Evaluation (QRE) is the first of three evaluations under the R3M. It is 
a three-axis, qualitative system designed as a screening tool for 
determining which sites required additional risk evaluation for 
explosive hazards. Its three factors (i.e., axes) are UXO density, 
frequency of entry to the site, and UXO type. The Detailed and 
Streamlined Risk Evaluation (DRE and SRE) are the other two elements of 
the R3M and are applied to sites that were not screened out by the QRE. 
The SRE estimates the maximum quantitative degree of UXO risk to which 
receptors may be exposed. The DRE is a comprehensive assessment that 
uses site characterization data. The SRE and the DRE essentially are 
one-axis, quantitative models that focus on the probability of 
exposure.
    Former Lowry Bombing and Gunnery Range Prioritization Tool. USACE 
and stakeholders developed this site-specific model to prioritize sites 
that encompass a very large FUDS. It is a one-axis system with multiple 
data elements. It requires extensive information and input from 
internal and external stakeholders.
    Interim Range Rule Risk Methodology (IR3M) Baseline Explosives 
Hazard Evaluation. The IR3M baseline explosives risk evaluation tool 
was derived from the R3M and focused on the comparative evaluation of 
response alternatives against the baseline (i.e., the amount of 
potential risk prior to response). It is a three-axis system, which 
assigns sites to one of five classes. The three axes are accessibility, 
overall hazard, and exposure. Modeling has suggested that application 
of the IR3M to sites results in reasonable distribution among the five 
classes.
    Native American Lands Environmental Mitigation Program (NALEMP) 
Model. DoD developed this model to assist in prioritizing actions to be 
conducted under the NALEMP. It is a three-axis, quantitative system, 
specifically designed to consider risk and non-risk-based factors, such 
as life ways, programmatic, government-to-government, and economic 
considerations that are unique to Indian lands. The NALEMP model uses 
RRSE and RAC for the risk evaluation components. It also takes into 
consideration a range of potential impacts affecting traditional and 
customary uses of land and cultural and ecological resources vital to 
American Indian and Alaska Native life ways.
    Hazard Ranking System (HRS). The U.S. Environmental Protection 
Agency developed this system to score sites for inclusion on the 
National Priorities List. It is a quantitative system that assigns a 
numerical score to each site based on the contaminant hazards in the 
groundwater, surface water, soil, and air. The HRS requires extensive 
data to operate and does not address explosive hazards.
    While the USACE has used RAC for 13 years as a means of assigning a 
relative priority to FUDS, the DoD work group determined that neither 
RAC nor any of the other models reviewed provided the characteristics 
necessary to meet all the requirements in 10 U.S.C. 2710(b). The 
analysis of each model's strengths and weaknesses provided DoD with 
critical information regarding the characteristics the Protocol should 
possess. Based on information from this review and the preliminary 
interviews, the DoD work group began constructing a new model (i.e., 
the Protocol) to more effectively evaluate the explosive safety and 
environmental hazards posed by UXO, DMM, and MC at munitions response 
sites.

[[Page 50903]]

C. Consultation With States, Tribes, and Others

    As DoD worked to develop this Protocol, it engaged in extensive 
consultation with States, Tribes, and other Federal agencies. DoD also 
provided opportunity for interested members of the public to provide 
input during the development. DoD's efforts to engage stakeholders in 
the development process are summarized in a subsequent section. 
Although DoD notified all American Indian and Alaska Native Tribes of 
the Protocol development effort, DoD's consultation concentrated on 
those Tribes with interest in lands that are known or suspected of 
containing UXO, DMM, or MC.

V. Scope and Applicability

A. Terms Pertinent to the Protocol

    In developing the Protocol, DoD realized the need for a term to 
describe the universe of locations subject to inclusion in the 
inventory and prioritization using the Protocol. DoD is creating the 
term ``munitions response site'' for this purpose. Although 10 U.S.C. 
2710 had introduced the term ``defense site,'' this term is not 
considered appropriate for the purposes of prioritization as not all 
locations that meet the definition of defense sites are known or 
suspected to contain UXO, DMM, or MC. By definition, the term ``defense 
site'' refers to all locations that are or were owned, leased, or 
otherwise used by DoD (and contains several exclusions related to the 
types of activities occurring at the location). For a specific location 
to be included in the inventory (i.e., a munitions response site), it 
must be (1) a location that is, or was, owned by, leased to, or 
otherwise possessed or used by DoD (i.e., a defense site), and (2) 
known or suspected to contain UXO, DMM, or MC.
    DoD formally established its Military Munitions Response program, a 
subset of the DERP, in September 2001. DoD is working to build the MMRP 
into a robust program to address the safety and environmental hazards 
associated with UXO, DMM, and MC. With the exception of FUDS 
properties, which have been further characterized, DoD is just 
beginning to identify the locations where it knows of or suspects the 
presence of UXO, DMM, and MC remaining from its past use of military 
munitions. In many cases, the identified locations are large geographic 
areas, sometimes encompassing an entire former range. Former ranges, 
often comprising hundreds of thousands of acres, supported various 
activities on different parts of the range. These locations meet the 
criteria for inclusion in the inventory, as they are (1) defense sites, 
and (2) known or suspected to contain UXO, DMM, or MC. DoD proposes to 
use the term ``munitions response area (MRA)'' for these large 
locations. MRA is defined as ``. . . any area on a defense site that is 
known or suspected to contain UXO, DMM, or MC. Examples are former 
ranges or munitions burial areas. A munitions response area is 
comprised of one or more munitions response sites.''
    Because an MRA may be large and complex, DoD will work to 
characterize each MRA and subdivide it into discrete locations so that 
munitions responses specific to local conditions can be conducted. 
Subdivision of an MRA is not required, but permitted as needed for 
purposes of implementing a munitions response. A munitions response 
site (MRS) is defined as ``. . . a discrete location within an MRA that 
is known to require a munitions response.'' Because every MRA is 
associated with at least one MRS and the MRS is defined by the need for 
a munitions response, consistent with the statutory requirement to 
assign a priority for response activities, the Protocol will be applied 
to MRS.
    DoD will track the acreage of the MRA as well as each MRS to ensure 
that all acreage is accounted for regardless of whether or not an MRA 
is subdivided into more than one MRS. The total acreage of all MRS 
associated with the MRA must equal the total acreage of the MRA. 
Information about the size of each MRA and each MRS will be included 
with the other information in the inventory disclosed in response to 
the requirements of 10 U.S.C. 2710(a)(2).

B. Definitions

    This proposed rule includes definitions for terms that describe the 
scope and applicability of the Protocol as well as terms that are 
integral to the hazard evaluation modules that comprise the Protocol. 
These definitions, unless codified elsewhere in the U.S. Code or Code 
of Federal Regulations (CFR) apply only to this part. Many of the terms 
relevant to this part are already defined in 10 U.S.C. 2710(e) and the 
CFR. Where this is the case, the existing statutory and regulatory 
definitions will be adopted for use in this part and are repeated here 
strictly for ease of reference.
    American Indian and Alaska Native Tribes are any Federally 
recognized American Indian and Alaska Native tribal entity as defined 
by the most current Department of Interior/Bureau of Indian Affairs 
list of tribal entities published in the Federal Register pursuant to 
section 104 of the Federally Recognized Tribe Act.
    Barrier means a natural obstacle or obstacles (e.g., difficult 
terrain, dense vegetation, deep or fast moving water), a man-made 
obstacle or obstacles (e.g., fencing), or a combination of natural and 
man-made obstacles.
    Chemical agent identification sets (CAIS) are military training 
aids containing small quantities of various chemical warfare agents and 
other chemicals.
    Chemical warfare agents (CWA) are the V- and G-series nerve agents, 
H-series (i.e., ``mustard'' agents) and L-series (i.e., lewisite) 
blister agents, and certain industrial chemicals used by the military 
as weapons, including hydrogen cyanide (AC), cyanogen chloride (CK), or 
carbonyl dichloride (called phosgene or CG)). CWA do not include riot 
control agents (e.g., w-chloroacetophenone (CN) and o-
chlorobenzylidenemalononitrile (CS) tear gas), chemical herbicides, 
smoke or incendiary compounds, and industrial chemicals that are not 
configured as a military munition.
    Chemical Warfare Material (CWM) is a general term that includes 
four subcategories of specific materials:
    [sbull] CWM, explosively configured are all munitions that contain 
a CWA fill and any explosive component. Examples include M55 rockets 
with CWA, the M23 VX mine, and the M360 105-millimeter GB artillery 
cartridge.
    [sbull] CWM, nonexplosively configured are all munitions that 
contain a CWA fill but that do not include any explosive components. 
Examples include any chemical munition that does not contain an 
explosive component and VX or mustard agent spray canisters.
    [sbull] CWM, bulk container are all non-munitions-configured 
containers of CWA (e.g., a ton container).
    [sbull] Chemical agent identification sets (CAIS). All forms of 
CAIS are scored the same except for CAIS K941, toxic gas set M-1; and 
K942, toxic gas set M-2/E11, which are scored higher due to the 
relatively large quantities of agent they contain.
    In the Protocol, the general term ``CWM'' means all four 
subcategories. Where the name of one or more of the subcategories is 
used, the statement is specific to the subcategories specified.
    Cultural resources means there are recognized cultural, 
traditional, spiritual, religious, or historical features or properties 
(e.g., structures, artifacts, symbolism) on the munitions response 
site. For example, American Indians and Alaska Natives deem portions of 
or the entire munitions response site sacred.

[[Page 50904]]

Another example of cultural resources are areas that American Indians 
and Alaska Natives use for subsistence activities (e.g., hunting, 
fishing). (Note: Specific requirements for determining if a particular 
feature is a cultural resource may be found in the National Historic 
Preservation Act, Native American Graves Protection and Repatriation 
Act, Archeological Resources Protection Act, Executive Order 13007, and 
the American Indian Religious Freedom Act.).
    Defense site means locations that are or were owned by, leased to, 
or otherwise possessed or used by the Department of Defense. The term 
does not include any operational range, operating storage or 
manufacturing facility, or facility that is used for or was permitted 
for the treatment or disposal of military munitions. (10 U.S.C. 
2710(e)(1)).
    Department of Defense (DoD) Components means the Office of the 
Secretary of Defense, the Military Departments, the Defense Agencies, 
the DoD Field Activities, and any other DoD organizational entity or 
instrumentality established to perform a government function.
    Discarded military munitions (DMM) means military munitions that 
have been abandoned without proper disposal or removed from storage in 
a military magazine or other storage area for the purpose of disposal. 
The term does not include unexploded ordnance, military munitions that 
are being held for future use or planned disposal, or military 
munitions that have been properly disposed of, consistent with 
applicable environmental laws and regulations. (10 U.S.C. 2710(e)(2)).
    Ecological resources means: (1) A threatened or endangered species 
(designated under the Endangered Species Act (ESA)) is present on the 
munitions response site; or (2) the munitions response site is 
designated under the ESA as critical habitat for a threatened or 
endangered species; or (3) there are identified sensitive ecosystems 
such as wetlands or breeding grounds present on the munitions response 
site.
    Former (as in ``former range'') means the munitions response site 
is a location that was: (1) Closed by a formal decision made by the DoD 
Component with administrative control over the location, or (2) put to 
a use incompatible with the presence of UXO, DMM, or MC.
    Historical evidence means that the investigation: (1) Found written 
documents or records, or (2) documented interviews of persons with 
knowledge of site conditions, or (3) found and verified other forms of 
information.
    In the subsurface means the munition or CWM is: (1) Entirely 
beneath the ground surface, or (2) fully submerged in a water body.
    Military munitions means all ammunition products and components 
produced for or used by the armed forces for national defense and 
security, including ammunition products or components under the control 
of the Department of Defense, the Coast Guard, the Department of 
Energy, and the National Guard. The term includes confined gaseous, 
liquid, and solid propellants, explosives, pyrotechnics, chemical and 
riot control agents, smokes, and incendiaries, including bulk 
explosives and chemical warfare agents, chemical munitions, rockets, 
guided and ballistic missiles, bombs, warheads, mortar rounds, 
artillery ammunition, small arms ammunition, grenades, mines, 
torpedoes, depth charges, cluster munitions and dispensers, demolition 
charges, and devices and components thereof. The term does not include 
wholly inert items, improvised explosive devices, and nuclear weapons, 
nuclear devices, and nuclear components, except that the term does 
include non nuclear components of nuclear devices that are managed 
under the nuclear weapons program of the Department of Energy after all 
required sanitization operations under the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.) have been completed. (10 U.S.C. 2710(e)(3) and 
40 CFR 260.10)
    Military range means designated land and water areas set aside, 
managed, and used to research, develop, test, and evaluate military 
munitions, other ordnance, or weapon systems, or to train military 
personnel in their use and handling. Ranges include firing lines and 
positions, maneuver areas, firing lanes, test pads, detonation pads, 
impact areas, and buffer zones with restricted access and exclusionary 
areas. (40 CFR 266.201).
    Munitions constituents (MC) means any materials originating from 
unexploded ordnance, discarded military munitions, or other military 
munitions, including explosive and non-explosive materials, and 
emission, degradation, or breakdown elements of such ordnance or 
munitions. (10 U.S.C. 2710(e)(4))
    Munitions response means response actions, including investigation, 
removal actions, and remedial actions, to address the explosives 
safety, human health, or environmental risks presented by UXO, DMM, or 
MC.
    Munitions response area (MRA) means any area on a defense site that 
is known or suspected to contain UXO, DMM, or MC. Examples include 
former ranges or munitions burial areas. An MRA is comprised of one or 
more munitions response sites.
    Munitions response site (MRS) means a discrete location within an 
MRA that is known to require a munitions response.
    On the surface means the munition or CWM is: (1) Entirely or 
partially exposed above the ground surface, or (2) entirely or 
partially exposed above the surface of a water body (e.g., as a result 
of tidal activity).
    Operational range means a military range that is used for range 
activities, or a military range that is not currently being used but 
that is still considered by the Secretary to be a range area, is under 
the jurisdiction, custody, or control of the Department of Defense, and 
has not been put to a new use that is incompatible with range 
activities. (10 U.S.C. 2710(e)(5)).
    Physical evidence means: (1) Recorded observations from on-site 
investigations, such as finding intact UXO or DMM, or components, 
fragments, or other pieces of military munitions, or (2) the results of 
field or laboratory sampling and analysis procedures, or (3) the 
results of geophysical investigations.
    Practice munitions means munitions that contain an inert filler 
(e.g., wax, sand, concrete), a spotting charge (i.e., a pyrotechnic 
charge), and a fuze. For a munition to be classified as a ``practice 
munition,'' the fuze cannot be considered ``sensitive.''
    Range activities means research, development, testing, and 
evaluation of military munitions, other ordnance, and weapons systems; 
and the training of military personnel in the use and handling of 
military munitions, other ordnance, and weapons systems.
    Small arms ammunition means ammunition that is .50 caliber or 
smaller and shotgun shells.
    Unexploded ordnance (UXO) means military munitions that: (1) Have 
been primed, fuzed, armed, or otherwise prepared for action; (2) have 
been fired, dropped, launched, projected, or placed in such a manner as 
to constitute a hazard to operations, installations, personnel, or 
material; and (3) remain unexploded either by malfunction, design, or 
any other cause. (10 U.S.C. 2710(e)(9) and 40 CFR 266.201).
    United States means, in a geographic sense, the States, 
territories, and possessions and associated navigable waters, 
contiguous zones, and ocean waters of which the natural resources are 
under the exclusive management authority of the United States. (10 
U.S.C. 2710(e)(10).

[[Page 50905]]

I. Application of the Munitions Response Site Prioritization Protocol

A. General Requirements

    There are a number of activities that the DoD Components must 
undertake as part of the application of the Protocol. Among other 
requirements, the DoD Components will:
    (1) Ensure the total acreage of each MRA is evaluated and apply the 
Protocol to all MRS under their administrative control.
    (2) Involve the local community in the munitions response process 
as early as possible and seek continued involvement of the local 
community throughout the process.
    (3) Use a team approach, where each team includes members with the 
expertise needed to apply the Protocol at a specific MRS. Each team 
should be comprised of DoD Component representatives from required 
functional areas (e.g., explosives or chemical safety, environmental) 
and EPA, State regulators, and other Federal land managers, where 
appropriate. The DoD Component is also expected to seek involvement 
from American Indian or Alaskan Native Tribes when any portion of the 
MRS affects tribal lands, the affected local restoration advisory board 
(RAB) or technical review committee (TRC), and local stakeholders in 
the application of the Protocol. DoD is committed to working with 
Tribes on a government-to-government basis in recognition of their 
sovereignty and in a continuing effort to implement the 1998 DoD 
American Indian and Alaska Native Policy. To ensure American Indian and 
Alaskan Native Tribes, EPA, other Federal agency, State regulatory 
agencies, and local government officials are aware of the opportunity 
to participate in the application of the Protocol, the DoD Component 
organization responsible for implementing a munitions response at the 
MRS will send a certified letter to the heads of these organizations 
(or their designated point-of-contact), as appropriate, seeking their 
involvement. A copy of these letters will be placed in the 
Administrative Record and Information Repository for the MRS.
    (4) Develop and maintain records on the application of this 
Protocol for each MRS. At a minimum, the records will contain 
references to all information and documents used for the evaluation 
(e.g., data from preliminary assessments, worksheets). These records 
will be included in the Administrative Record and the Information 
Repository for the MRS.
    (5) Document in a Management Action Plan (MAP) or its equivalent 
all aspects of the munitions responses required at all MRS for which 
that MAP is applicable. DoD guidance requires that MAPs are developed 
and maintained at an installation (or FUDS property) level. For the 
FUDS program, a State-wide MAP may also be developed.
    (6) Establish a quality assurance panel to review all MRS 
prioritization decisions. To ensure objectivity, this panel will not 
include any person that was directly involved with the application of 
the Protocol to a specific MRS. If the panel concludes that a different 
priority should be assigned to a given MRS, the DoD Component will 
report the rationale for this change to ODUSD(I&E) with their inventory 
data. The DoD Component will also provide this rationale to the 
appropriate regulators and stakeholders for review and comment before 
finalizing the change.
    (7) Update the priority as necessary to reflect new information 
that has become available.
    (8) Following the panel review, report the priority for each MRS 
and the ratings for each hazard evaluation module to ODUSD (I&E) (or 
successor organizations) for inclusion in the inventory of MRS that is 
made publicly available.

A. Application of the Protocol

    Components will apply the Protocol at an MRS when there are 
sufficient data to populate all the data elements in at least one of 
the three hazard evaluation modules (i.e., the Explosive Hazard 
Evaluation, the CWM Hazard Evaluation, and Relative Risk Site 
Evaluation modules) that comprise the Protocol. It is expected that 
this will occur after the CERCLA preliminary assessment phase is 
completed but before the CERCLA site inspection phase is completed.
    Any hazard evaluation module for which there is insufficient 
information to complete the evaluation will be assigned the 
``evaluation pending'' rating for that module, and the MRS's relative 
priority will be assigned based on the ratings of the hazard evaluation 
modules for which sufficient data are available to complete the hazard 
evaluation. The Protocol will be reapplied as soon as the data to run 
the hazard evaluation modules assigned ``evaluation pending'' ratings 
becomes available.
    The Protocol will be reapplied at a MRS under the following 
circumstances:
    (1) Upon completion of a response action that could change the site 
conditions evaluated by the hazard evaluation modules at the MRS.
    (2) To update or validate a previously rated hazard evaluation 
module when new information is available.
    (3) To update or validate an MRS priority that was previously 
assigned based on evaluation of only one or two of the three hazard 
evaluation modules.
    (4) Upon further delineation and characterization of an MRA into 
MRS.
    (5) To categorize MRS previously classified as ``evaluation 
pending.''
    When a munitions response is fully completed and no additional 
munition response is required, as agreed to by appropriate Federal and 
State regulatory agencies, the MRS will be assigned the rating ``no 
longer required.''
    It is important to note that the Protocol is a prioritization tool 
only and does not impact the actions taken at an MRS. The responsible 
DoD Component will thoroughly investigate all MRS known or suspected to 
contain UXO, DMM, or MC and, as required by site-specific conditions, 
address any UXO, DMM, or MC through removal actions, remedial actions, 
or a combination or removal and remedial actions.

VII. The Hazard Evaluation Modules

    The three modules that evaluate the potential hazards present at an 
MRS are the central feature of the Protocol. Using a hazard evaluation 
module developed specifically to address the unique characteristics of 
each type of hazard, DoD will evaluate each MRS in three distinct 
areas:
    [sbull] Explosive hazards posed by UXO and DMM through the 
Explosives Hazard Evaluation (EHE) module,
    [sbull] Chemical hazards associated with the physiological effects 
of CWM through the Chemical Warfare Materiel Hazard Evaluation (CHE) 
module, and
    [sbull] Health and environmental hazards posed by MC using the 
Relative Risk Site Evaluation (RRSE) module.
    Each hazard evaluation module is constructed using three 
categories, or factors, of information. As discussed earlier in the 
Preamble, this is a three-axis construct as three primary factors of 
information are used to derive the results of each hazard evaluation 
module. This characteristic is important as it limits the influence of 
any one factor on the outcome. Although the specifics of the three 
factors vary for each of the three hazard evaluation modules, each 
module is comprised of standard factors for source of hazard, pathways 
for exposure, and receptors. Further, each factor is comprised of 
multiple data elements that are intended to capture site-specific 
information. While developing the data elements, the

[[Page 50906]]

DoD work group worked to ensure that each data element within the three 
modules was:
    [sbull] Essential for characterization of site conditions;
    [sbull] Easily collected during the early phases of the CERCLA 
process; and
    [sbull] Sufficiently defined to ensure consistent, repeatable, and 
supportable results for prioritizing an MRS.
    The structure, application, and output of each of these modules are 
discussed in detail in the following parts of this section. Figure 1 is 
an illustration of the structure of the Protocol.
BILLING CODE 5001-08-P

[[Page 50907]]

[GRAPHIC] [TIFF OMITTED] TP22AU03.001


[[Page 50908]]



A. The Explosive Hazard Evaluation (EHE) Module

    The EHE module is used to conduct a relative comparison of the 
potential explosive hazards posed by UXO or DMM at an MRS. The EHE 
module determines the explosive hazard through evaluation of three 
general factors (i.e., categories of information), each of which is 
comprised of two to four specific data elements. The factors comprising 
the EHE module are:
    [sbull] Explosive hazard, which has the elements Munitions Type and 
Source of Hazard and characterizes the cause of the hazard;
    [sbull] Accessibility, which has the elements Information on the 
Location of Munitions, Ease of Access, and Status of Property and 
characterizes the pathway or means by which a receptor can encounter 
the hazard; and
    [sbull] Receptors, which has the elements Population Density, 
Population Near Hazard, Types of Activities/Structures, and Ecological 
and/or Cultural Resources and accounts for any receptors likely to be 
impacted by exposure to the hazard.
    Each data element is assigned a maximum numerical value and 
consists of several classifications (each of which is assigned a 
numeric value ranging up to the maximum value of the data element) that 
are intended to capture certain site-specific conditions. The DoD work 
group developed these values based on the knowledge of technical 
experts within DoD and comments received from stakeholders. The values 
were adjusted based on the results of extensive testing of the Protocol 
and stakeholders' comments. The total value assigned to each data 
element as well as the value of the specific classifications within 
each element are relative evaluations of each element's contribution to 
the overall explosive hazard. The sum of these values is the EHE module 
score for the MRS, which is used to derive the EHE module hazard 
evaluation rating. Additional information on each factor and data 
element is provided in the text.
(1) Explosive Hazard Factor
    The Explosive Hazard factor of the EHE module is comprised of two 
data elements, Munitions Type and Source of Hazard, and constitutes 40 
percent of the numerical score of the EHE module.
    The Munitions Type data element classifies munitions according to 
their potential to detonate and their inherent explosive power. 
Portability, the ability for a munition to be readily transported, is 
indirectly accounted for in this element. The DoD work group initially 
considered including portability as a distinct data element under the 
Accessibility factor, but because UXO can be found in many different 
configurations (e.g., intact warheads, fuzes or other components that 
have separated from the munitions) that would be considered portable, 
DoD found it too difficult to define the criteria necessary to address 
portability separately in the EHE module.
    In developing the data elements within this factor, the DoD work 
group determined the need for separate classifications for many common 
munitions types but also recognized that there are exceptions to 
several categories. For example, although there is a separate 
classification for practice munitions, when the associated fuze is 
determined to be sensitive by a technically qualified individual, the 
munition will be classified as sensitive not as practice to more 
accurately reflect the greater explosive hazard presented by sensitive 
fuzes. Similarly, while the Protocol provides a separate classification 
for small arms ammunition to reflect the limited explosives hazard they 
posed because they lack an explosive charge. To select the small arms 
ammunition classification, there must be evidence that only small arms 
ammunition was used at the MRS. If there is evidence that munitions 
other than small arms ammunition were used or could be present on the 
MRS, the munition type with the highest numeric value (i.e., the 
greatest potential hazard) is used for the evaluation. DoD has also 
included an ``evidence of no munitions'' classification, which can only 
be used if, after investigation, there is physical or historical 
evidence that indicates there are no munitions present. The definition 
for ``evidence of no munitions'' is important as it requires DoD to 
investigate all MRS for the presence of UXO or DMM. Further, DoD 
adopted the criteria for physical and historical evidence as an 
affirmation that the DoD Components will collect information upon which 
to base decisions. This approach to physical or historical evidence is 
intended to preclude decisions based on the logic that ``* * * there is 
no physical/historical evidence of * * *,'' which could mean there is 
an absence of information on what physical or historical evidence is 
available.
    The classifications, the definition for each classification, and 
associated numerical scores for the Munitions Type data element are 
presented in Table 1.

    Table 1.--Classifications Within the EHE Module Type Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
Sensitive........................  [sbull] All UXO that are           30
                                    considered likely to
                                    function upon any
                                    interaction with
                                    exposed persons,
                                    including:
                                    submunitions, cluster
                                    munitions, 40mm high-
                                    explosive grenades,
                                    white phosphorus (WP)
                                    munitions (including
                                    practice munitions with
                                    sensitive fuzes, but
                                    excluding all other
                                    practice munitions),
                                    and high-explosive anti-
                                    tank (HEAT) munitions.
                                   [sbull] All hand
                                    grenades containing an
                                    explosive filler..
High explosive (used or damaged).  [sbull] All UXO                    25
                                    containing a high-
                                    explosive filler (e.g.,
                                    RDX, Composition B)
                                    that are not considered
                                    ``sensitive''.
                                   [sbull] All DMM
                                    containing a high-
                                    explosive filler that
                                    have been damaged by
                                    burning or detonation..
                                   [sbull] All DMM
                                    containing a high-
                                    explosive filler that
                                    have deteriorated to
                                    the point of
                                    instability..
Pyrotechnic......................  [sbull] All UXO                    20
                                    containing pyrotechnic
                                    fillers other than
                                    white phosphorous
                                    (e.g., flares, signals,
                                    simulators, smoke
                                    grenades).
                                   [sbull] All DMM
                                    containing pyrotechnic
                                    fillers other than
                                    white phosphorous
                                    (e.g., flares, signals,
                                    simulators, smoke
                                    grenades) that have
                                    been damaged by burning
                                    or detonation or that
                                    have deteriorated to
                                    the point of
                                    instability..

[[Page 50909]]

 
High explosive (unused)..........  [sbull] All DMM                    15
                                    containing a high-
                                    explosive filler that
                                    have not been damaged
                                    by burning or
                                    detonation..
                                   [sbull] All DMM
                                    containing a high
                                    explosive filler that
                                    are not deteriorated to
                                    the point of
                                    instability..
Propellant.......................  [sbull] All UXO                    15
                                    containing only a
                                    single-, double-, or
                                    triple-based
                                    propellant, or
                                    composite propellants
                                    (e.g., a rocket motor).
                                   [sbull] All DMM
                                    containing only a
                                    single-, double-, or
                                    triple-based
                                    propellant, or
                                    composite propellants
                                    (e.g., a rocket motor)..
Bulk HE, pyrotechnics, or          [sbull] Bulk high                  10
 propellant.                        explosives, including:
                                    demolition charges
                                    (e.g., C4 blocks), high
                                    explosives not
                                    contained in a
                                    munition, and
                                    concentrated mixtures
                                    of high explosives or
                                    other munitions
                                    constituents mixed with
                                    environmental media or
                                    debris in
                                    concentrations that
                                    result in the mixture
                                    being explosive (e.g.,
                                    ``explosive soil'').
                                   [sbull] All pyrotechnic
                                    material that is not
                                    contained in a munition
                                    (i.e., ``bulk
                                    pyrotechnics'')..
                                   [sbull] All single-,
                                    double-, or triple-
                                    based propellant, or
                                    composite propellants
                                    that are not contained
                                    in a munition (i.e.,
                                    ``bulk propellant'')..
Practice.........................  [sbull] All UXO that are            5
                                    a practice munition not
                                    associated with a
                                    sensitive fuze.
                                   [sbull] All DMM that are
                                    a practice munition not
                                    associated with a
                                    sensitive fuze that
                                    have been damaged by
                                    burning or detonation..
                                   [sbull] All DMM that are
                                    a practice munition not
                                    associated with a
                                    sensitive fuze that
                                    have deteriorated to
                                    the point of
                                    instability..
Riot control.....................  [sbull] All UXO or DMM              3
                                    containing only a riot
                                    control agent (e.g.,
                                    tear gas).
Small arms.......................  [sbull] All UXO or DMM              2
                                    that are classified as
                                    small arms ammunition.
                                    Evidence that no other
                                    munitions type (e.g.,
                                    grenades, subcaliber
                                    training rockets,
                                    demolition charges) was
                                    used or is present on
                                    the MRS is required for
                                    selection of this
                                    category.
Evidence of no munitions.........  [sbull] Following                  0
                                    investigation of the
                                    MRS, there is physical
                                    evidence there are no
                                    UXO or DMM present or
                                    there is historical
                                    evidence indicating
                                    that no UXO or DMM are
                                    present.
------------------------------------------------------------------------
Notes:
[sbull] Former (as in ``former range'') means the MRS is a location that
  was: (1) Closed by a formal decision made by the DoD Component with
  administrative control over the location, or (2) put to a use
  incompatible with the presence of UXO, DMM, or MC.
[sbull] Historical evidence means that the investigation: (1) Found
  written documents or records, or (2) documented interviews of persons
  with knowledge of site conditions, or (3) found and verified other
  forms of information.
[sbull] Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.
[sbull] Practice munitions means munitions that contain an inert filler
  (e.g., wax, sand, concrete), a spotting charge (i.e., a pyrotechnic
  charge), and a fuze.
[sbull] The term small arms ammunition means solid projectile ammunition
  that is .50 caliber or smaller and shotgun shells.

    The Source of Hazard data element considers the previous uses of 
the MRS. It reflects the type of munitions that may be present and the 
manner and extent munitions were used or disposed of at the MRS. The 
classifications provided are the common locations where a munition can 
be found during its lifecycle.
    The classification former range has the maximum value within the 
Source of Hazard data element. Former ranges will have supported live-
fire training and testing and consist of locations, such as impact 
areas, that are expected to contain large concentrations of UXO and, 
therefore, pose the greatest potential explosive hazard. Although some 
areas on a former range are not expected to contain high concentrations 
of UXO (e.g., the firing point), there is still a potential for UXO or 
DMM to be present. The DoD work group provided a distinct 
classification for firing points that are separated from other parts of 
a former range.
    Other classifications within Source of Hazard include 
manufacturing, storage, and transfer facilities--reflecting the early 
parts of the munition lifecycle--and treatment units and burial pits, 
which represent the end of the lifecycle. As with the Munitions Type 
data element, DoD has provided an ``evidence of no munitions'' 
classification for the Source of Hazard data element. This 
classification can only be selected if an investigation finds there is 
physical or historical evidence indicating there is no UXO or DMM 
present. The definition for ``evidence of no munitions'' is important 
as it requires DoD to investigate all MRS for the presence of UXO or 
DMM. Further, DoD adopted the criteria for physical and historical 
evidence as an affirmation that the DoD Components will collect 
information upon which to base decisions. This approach to physical or 
historical evidence is intended to preclude decisions based on the 
logic that ``* * * there is no physical/historical evidence of * * *'' 
which could mean there is an absence of information on what physical or 
historical evidence is available.
    The eleven classifications, the definition for each classification, 
and associated numerical scores for the Source of Hazard data element 
are presented in Table 2.

[[Page 50910]]



  Table 2.--Classifications Within the EHE Module Source of Hazard Data
                                 Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
Former range.....................  [sbull] The MRS is a               10
                                    former military range
                                    where munitions
                                    (including practice
                                    munitions with
                                    sensitive fuzes) have
                                    been used. Such areas
                                    include: impact or
                                    target areas,
                                    associated buffer and
                                    safety zones, firing
                                    points, and live-fire
                                    maneuver areas.
Former munitions treatment (i.e.,  [sbull] The MRS is a                8
 OB/OD) unit.                       location where UXO or
                                    DMM (e.g., munitions,
                                    bulk explosives, bulk
                                    pyrotechnic, or bulk
                                    propellants) were
                                    burned or detonated for
                                    the purpose of
                                    treatment prior to
                                    disposal.
Former practice munitions range..  [sbull] The MRS is a                6
                                    former range on which
                                    only practice munitions
                                    without sensitive fuzes
                                    were used.
Former maneuver area.............  [sbull] The MRS is a                5
                                    former maneuver area
                                    where no munitions
                                    other than flares,
                                    simulators, smokes, and
                                    blanks were used. There
                                    must be evidence that
                                    no other munitions were
                                    used at the location to
                                    place an MRS into this
                                    category.
Former burial pit or other         [sbull] The MRS is a                5
 disposal area.                     location where DMM were
                                    buried or disposed of
                                    (e.g., disposed of into
                                    a water body) without
                                    prior thermal treatment.
Former industrial operating        [sbull] The MRS is a                4
 facilities.                        location that is a
                                    former munitions
                                    manufacturing or
                                    demilitarization
                                    facility.
Former firing points.............  [sbull] The MRS is a                4
                                    firing point, when the
                                    firing point is
                                    delineated as an MRS
                                    separate from the rest
                                    of a former range.
Former missile or air defense      [sbull] The MRS is a                2
 artillery emplacements.            former missile defense
                                    or air defense
                                    artillery (ADA)
                                    emplacement not
                                    associated with a range.
Former storage or transfer points  [sbull] The MRS is a                2
                                    location where
                                    munitions were stored
                                    or handled for transfer
                                    between modes (e.g.,
                                    rail to truck, truck to
                                    weapon system).
Former small arms range..........  [sbull] The MRS is a                1
                                    former military range
                                    where only small arms
                                    were used. There must
                                    be evidence that no
                                    other type of munitions
                                    (e.g., grenades) were
                                    used or are present at
                                    the location to place
                                    an MRS into this
                                    category.
Evidence of no munitions.........  [sbull] Following                  0
                                    investigation of the
                                    MRS, there is physical
                                    evidence that no UXO or
                                    DMM are present, or
                                    there is historical
                                    evidence indicating
                                    that no UXO or DMM are
                                    present.
------------------------------------------------------------------------
Notes:
[sbull] Former (as in ``former range'') means the MRS is a location that
  was: (1) closed by a formal decision made by the DoD Component with
  administrative control over the location, or (2) put to a use
  incompatible with the presence of UXO, DMM, or MC.
[sbull] Historical evidence means that the investigation: (1) Found
  written documents or records, or (2) documented interviews of persons
  with knowledge of site conditions, or (3) found and verified other
  forms of information.
[sbull] Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.
[sbull] Practice munitions means munitions that contain an inert filler
  (e.g., wax, sand, concrete), a spotting charge (i.e., a pyrotechnic
  charge), and a fuze.
[sbull] The term small arms ammunition means solid projectile ammunition
  that is .50 caliber or smaller and shotgun shells.

(2) Accessibility Factor
    The Accessibility factor of the EHE module focuses on the potential 
for receptors to encounter the UXO or DMM that may be present on a MRS. 
This factor consists of three data elements that constitute 40 percent 
of the numerical score of the EHE module.
    The data element Information on the Location of Munitions is an 
evaluation of the following three conditions that were combined into 
one data element to best represent the potential for encountering 
munitions.
    [sbull] The confirmed or suspected presence of munitions based on 
physical evidence (e.g., presence or absence of munitions, fragments, 
firing records, anecdotal information)
    [sbull] The likelihood for direct contact with the munition based 
on its proximity to the surface
    [sbull] The potential for the munitions to be brought to the 
surface by dynamic site conditions (e.g., erosion).
    This data element differentiates among MRS where intact UXO or DMM 
are present, as opposed to the MRS where only munitions fragments are 
found. This data element also differentiates between ``confirmed'' 
versus ``suspected'' evidence. As with both data elements in the 
Explosive Hazard factor, this data element has an ``evidence of no 
munitions'' classification, which can only be used if, after 
investigation, there is physical or historical evidence that indicates 
there are no munitions present. The definition for ``evidence of no 
munitions'' is important as it requires DoD to investigate all MRS for 
the presence of UXO or DMM. Further, DoD adopted the criteria for 
physical and historical evidence as an affirmative that the DoD 
Components will collect information upon which to base decisions. This 
approach to physical or historical evidence is intended to preclude 
decisions based on the logic that ``* * * there is no physical/
historical evidence of * * *, which could mean there is an absence of 
information on what physical or historical evidence is available.
    The classifications, the definition for each classification, and 
associated numerical scores for the Information on the Location of 
Munitions data element are presented in Table 3.

 Table 3.--Classifications Within the EHE Information on the Location of
                         Munitions Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
Confirmed surface................  [sbull] Physical                   25
                                    evidence indicates
                                    there are UXO or DMM on
                                    the surface of the MRS.
                                   [sbull] Historical
                                    evidence (e.g., a
                                    confirmed incident
                                    report or accident
                                    report) indicates there
                                    are UXO or DMM on the
                                    surface of the MRS..

[[Page 50911]]

 
Confirmed, subsurface, active....  [sbull] Physical                   20
                                    evidence indicates the
                                    presence of UXO or DMM
                                    in the subsurface of
                                    the MRS and the
                                    geological conditions
                                    at the MRS are likely
                                    to cause UXO or DMM to
                                    be exposed in the
                                    future by naturally
                                    occurring phenomena
                                    (e.g., drought,
                                    flooding, erosion,
                                    frost, heat heave,
                                    tidal action), or there
                                    are on-going intrusive
                                    activities (e.g.,
                                    plowing, construction,
                                    dredging) at the MRS
                                    that are likely to
                                    expose UXO or DMM.
                                   [sbull] Historical
                                    evidence indicates that
                                    UXO or DMM are located
                                    in the subsurface of
                                    the MRS and the
                                    geological conditions
                                    at the MRS are likely
                                    to cause UXO or DMM to
                                    be exposed in the
                                    future by naturally
                                    occurring phenomena
                                    (e.g., drought,
                                    flooding, erosion,
                                    frost, heat heave,
                                    tidal action), or there
                                    are on-going intrusive
                                    activities (e.g.,
                                    plowing, construction,
                                    dredging) at the MRS
                                    that are likely to
                                    expose UXO or DMM.
Confirmed subsurface, stable.....  [sbull] Physical                   15
                                    evidence indicates the
                                    presence of UXO or DMM
                                    in the subsurface of
                                    the MRS and the
                                    geological conditions
                                    at the MRS are not
                                    likely to cause UXO or
                                    DMM to be exposed in
                                    the future by naturally
                                    occurring phenomena, or
                                    there are no intrusive
                                    activities occurring at
                                    the MRS that are likely
                                    to either occur, or if
                                    the activities do
                                    occur, are likely to
                                    cause UXO or DMM to be
                                    exposed.
                                   [sbull] Historical
                                    evidence indicates that
                                    UXO or DMM are located
                                    in the subsurface of
                                    the MRS and the
                                    geological conditions
                                    at the MRS are not
                                    likely to cause UXO or
                                    DMM to be exposed in
                                    the future by naturally
                                    occurring phenomena, or
                                    there are no intrusive
                                    activities occurring at
                                    the MRS that are likely
                                    to either occur, or if
                                    the activities do
                                    occur, are likely to
                                    cause UXO or DMM to be
                                    exposed.
Suspected (physical physical       [sbull] There is                   10
 evidence).                         physical evidence other
                                    than the documented
                                    presence of UXO or DMM,
                                    indicating that UXO or
                                    DMM may be present at
                                    the MRS.
Suspected (historical evidence)..  [sbull] There is                    5
                                    historical evidence
                                    indicating that UXO or
                                    DMM may be present at
                                    the MRS.
Subsurface, physical constraint..  [sbull] There is                    2
                                    physical or historical
                                    evidence indicating the
                                    UXO or DMM may be
                                    present in the
                                    subsurface, but there
                                    is a physical
                                    constraint (e.g.,
                                    pavement, water depth
                                    over 120 feet)
                                    preventing direct
                                    access to the UXO or
                                    DMM.
Small arms (regardless of          [sbull] The presence of             1
 location).                         small arms ammunitions
                                    is confirmed or
                                    suspected, regardless
                                    of other factors such
                                    as geological
                                    stability. There must
                                    be evidence that no
                                    other types of
                                    munitions (e.g.,
                                    grenades) were used or
                                    are present at the MRS
                                    to include it in this
                                    category.
Evidence of no munitions.........  [sbull] Following                  0
                                    investigation of the
                                    MRS, there is physical
                                    evidence there are no
                                    UXO or DMM present or
                                    there is historical
                                    evidence indicating
                                    that no UXO or DMM are
                                    present.
------------------------------------------------------------------------
Notes:
[sbull] Historical evidence means that the investigation: (1) Found
  written documents or records, or (2) documented interviews of persons
  with knowledge of site conditions, or (3) found and verified other
  forms of information.
[sbull] Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.
[sbull] In the subsurface means the munition (i.e., a DMM or UXO) is (1)
  entirely beneath the ground surface, or (2) fully submerged in a water
  body.
[sbull] On the surface means the munition (i.e., a DMM or UXO) is: (1)
  entirely or partially exposed above the ground surface, or (2)
  entirely or partially exposed above the surface of a water body (e.g.,
  as a result of tidal activity).
[sbull] The term small arms ammunition means solid projectile ammunition
  that is .50 caliber or smaller and shotgun shells.

    The Ease of Access data element focuses on the means for a receptor 
to encounter a munition based on the extent of controls preventing 
access or entry to the MRS. Both natural obstacles (e.g., dense 
vegetation, rugged terrain, water) and man-made controls (e.g., 
fencing) are considered in this analysis. DoD initially deliberated 
over numerous data elements and associated definitions to best capture 
these conditions. DoD found the conditions within this data element 
difficult to capture, especially for large MRS that have not been fully 
characterized and have varying conditions across the MRS (e.g., short 
grass and dense swamp).
    The classifications, the definition for each classification, and 
associated numerical scores for the Ease of Access element are 
presented in Table 4.

  Table 4.--Classifications Within the EHE Ease of Access Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
No barrier.......................  [sbull] There is no                10
                                    barrier preventing
                                    access to all parts of
                                    the MRS (i.e., all
                                    parts of the MRS are
                                    accessible).
Barrier to MRS access is           [sbull] There is a                  8
 incomplete.                        barrier preventing
                                    access to parts of the
                                    MRS but not the entire
                                    MRS.
Barrier to MRS access is complete  [sbull] There is a                  5
 but not monitored.                 barrier preventing
                                    access to all parts of
                                    the MRS, but there is
                                    no surveillance (e.g.,
                                    by a guard) to ensure
                                    that the barrier is
                                    effectively preventing
                                    access to all parts of
                                    the MRS.

[[Page 50912]]

 
Barrier to MRS access is is        [sbull] There is a                 0
 complete and monitored.            barrier preventing
                                    access to all parts of
                                    the MRS, and there is
                                    active, continual
                                    surveillance (e.g., by
                                    a guard, video
                                    monitoring) to ensure
                                    that the barrier is
                                    effectively preventing
                                    access to all parts of
                                    the MRS.
------------------------------------------------------------------------
Notes: Barrier means a natural obstacle or obstacles (e.g., difficult
  terrain, dense vegetation, deep or fast moving water), a man-made
  obstacle or obstacles (e.g., fencing), or a combination of natural and
  man-made obstacles.

    The last data element in the Accessibility factor is Status of 
Property. Its purpose is to differentiate between MRS that DoD controls 
and MRS that DoD does not control. Based on input received during the 
development of the Protocol, DoD revised the definition of Non-DoD 
control to specifically include all Indian lands (i.e., trust lands, 
allotments, and Alaska Native Claims Settlement Act (ANCSA)-conveyed 
property). DoD also included property transferring from DoD control 
within 3 years in this data element to address those MRS that may be 
currently controlled by DoD but are planned for transfer to non-DoD 
entities in the near future. There are three property classifications, 
DoD control, Scheduled for transfer from DoD control, and Non-DoD 
control.
    The classifications, the definition for each classification, and 
associated numerical values for the Status of Property data element are 
presented in Table 5.

Table 5.--Classifications Within the EHE Status of Property Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
Non-DoD control..................  [sbull] The MRS is at a             5
                                    location that is no
                                    longer owned by, leased
                                    to, or otherwise
                                    possessed or used by
                                    the DoD. Examples are
                                    privately owned land or
                                    water bodies; land or
                                    water bodies owned or
                                    controlled by American
                                    Indian or Alaskan
                                    Native Tribes, or State
                                    or local governments;
                                    and lands or water
                                    bodies managed by other
                                    Federal agencies.
Scheduled for transfer from DoD    [sbull] The MRS is on               3
 control.                           land or is a water body
                                    that is owned, leased,
                                    or otherwise possessed
                                    by DoD, and DoD plans
                                    to transfer that land
                                    or water body to the
                                    control of another
                                    entity (e.g., a State,
                                    American Indian,
                                    Alaskan Native, or
                                    local government; a
                                    private party; or
                                    another Federal agency)
                                    within 3 years from the
                                    date the Protocol is
                                    applied.
DoD control......................  [sbull] The MRS is on               0
                                    land or is a water body
                                    that is owned, leased,
                                    or otherwise possessed
                                    by the DoD. With
                                    respect to property
                                    that is leased or
                                    otherwise possessed,
                                    DoD must control access
                                    to the MRS 24-hours per
                                    day, every day of the
                                    calendar year.
------------------------------------------------------------------------

(3) Receptor Factor
    The Receptor factor focuses on the human and ecological populations 
that may be impacted by the presence of UXO or DMM. Its four data 
elements constitute 20 percent of the numerical score of the EHE 
module.
    The Population Density data element is used to assess the number of 
persons that could potentially access the MRS and potentially be at 
risk from any known or suspected UXO or DMM present. Using U.S. Census 
Bureau statistics, Population Density is based on the number of people 
per square mile in the county in which the MRS is located. If the MRS 
is located in more than one county, DoD will use the largest population 
value among the counties. DoD selected county population density for 
this data element because city population information was not 
consistently available for all MRS, especially those in rural or remote 
locations. If the MRS is within or borders on city limits, the 
population density of the city should be used instead of the county 
population density. During consultation with States, Tribes, and other 
Federal agencies, some agencies expressed a desire to use alternate and 
other readily available data (e.g., daily visitor counts to national 
recreational areas) in place of census data. DoD considered this 
approach but, for consistency in the Protocol's application, determined 
that such site-specific data would best be addressed through 
implementation guidance or possibly considered as ``risk plus'' or 
``other'' factors when determining the sequencing for MRS. DoD also 
initially considered differentiating between on-site and off-site 
populations but found such an approach unworkable.
    The classifications, the definition for each classification, and 
associated numerical scores for the Population Density data element are 
presented in Table 6.

Table 6.--Classifications Within the EHE Population Density Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
 500 persons per        [sbull] There are more              5
 square mile.                       than 500 persons per
                                    square mile in the
                                    county in which the MRS
                                    is located, based on
                                    U.S. Census Bureau data.
100-500 persons per square mile..  [sbull] There are 100 to            3
                                    500 persons per square
                                    mile in the county in
                                    which the MRS is
                                    located, based on U.S.
                                    Census Bureau data.
< 100 persons per square mile....  [sbull] There are fewer            1
                                    than 100 persons per
                                    square mile in the
                                    county in which the MRS
                                    is located, based on
                                    U.S. Census Bureau data.
------------------------------------------------------------------------
Notes: If an MRS is in more that one county, the DoD Component will use
  the largest population value among the counties. If the MRS is within
  or borders a city or town, the population density for the city or town
  instead of the county population density is used.


[[Page 50913]]

    The Population Near Hazard data element is estimated based on the 
number of inhabited structures \2\ on the MRS and within a 2-mile 
distance, extending out from the boundary of the MRS. Although this 
data element is defined based on the number of inhabited structures, 
DoD's focus is on the potential for people to be present in the 
structures, not on the structures themselves.
---------------------------------------------------------------------------

    \2\ Under the DoD Explosives Safety Standards, inhabited 
structures are considered as structures, including schools, 
churches, residences, aircraft passenger terminals, stores, shops, 
factories, hospitals, and theaters, other than DoD munitions-related 
structures, routinely occupied for any portion of the day, both 
within and outside of DoD facilities. Occupied temporary structures 
are also included.
---------------------------------------------------------------------------

    The classifications, the definition for each classification, and 
associated numerical scores for the Population Near Hazard data element 
are presented in Table 7.

  Table 7.--Classifications Within the EHE Population Near Hazard Data
                                 Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
26 or more structures............  [sbull] There are 26 or             5
                                    more inhabited
                                    structures located up
                                    to 2 miles from the
                                    boundary of the MRS,
                                    within the boundary of
                                    the MRS, or both.
16 to 25.........................  [sbull] There are 16-25             4
                                    inhabited structures
                                    located up to 2 miles
                                    from the boundary of
                                    the MRS, within the
                                    boundary of the MRS, or
                                    both.
11 to 15.........................  [sbull] There are 11-15             3
                                    inhabited structures
                                    located up to 2 miles
                                    from the boundary of
                                    the MRS, within the
                                    boundary of the MRS, or
                                    both.
6 to 10..........................  [sbull] There are 6-10              2
                                    inhabited structures
                                    located up to 2 miles
                                    from the boundary of
                                    the MRS, within the
                                    boundary of the MRS, or
                                    both.
1 to 5...........................  [sbull] There are 1-5               1
                                    inhabited structures
                                    located up to 2 miles
                                    from the boundary of
                                    the MRS, within the
                                    boundary of the MRS, or
                                    both.
0................................  [sbull] There are no               0
                                    inhabited structures
                                    located up to 2 miles
                                    from the boundary of
                                    the MRS, within the
                                    boundary of the MRS, or
                                    both.
------------------------------------------------------------------------
Notes: The term inhabited structures means permanent or temporary
  structures, other than DoD munitions-related structures, that are
  routinely occupied by one or more persons for any portion of a day.

    The Types of Activities/Structures data element is used to assess 
the nature of the population near the hazard. Through this element, DoD 
strives to address multiple factors, including the amount, type, and 
intrusiveness of activities that may result in an encounter with UXO or 
DMM and the likelihood of people to congregate on-site and within a 2-
mile radius of the MRS. Residential and recreational areas are weighted 
highest to reflect the greater number and types of activities and 
population that may be in their vicinity. In response to Tribal 
comments, DoD also included subsistence issues in the highest 
classification.
    The classifications, the definition for each classification, and 
associated numerical scores for the Types of Activities/Structures data 
element are presented in Table 8.

 Table 8.--Classifications Within the EHE Types of Activities/Structures
                              Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
Residential, educational,          [sbull] Activities are              5
 commercial, or subsistence.        conducted or inhabited
                                    structures are located
                                    up to 2 miles from the
                                    MRS's boundary or,
                                    within the MRS's
                                    boundary that are
                                    associated with any of
                                    the following purposes:
                                    residential,
                                    educational, child
                                    care, critical assets
                                    (e.g., hospitals, fire
                                    and rescue, police
                                    stations, dams),
                                    hotels, commercial,
                                    shopping centers, play
                                    grounds, community
                                    gathering areas,
                                    religious sites, or
                                    sites used for
                                    subsistence hunting,
                                    fishing, and gathering.
Parks and recreational areas.....  [sbull] Activities are              4
                                    conducted or inhabited
                                    structures are located
                                    up to 2 miles from the
                                    MRS's boundary or
                                    within the MRS's
                                    boundary that are
                                    associated with parks,
                                    nature preserves or
                                    other recreational uses.
Agricultural, forestry...........  [sbull] Activities are              3
                                    conducted or inhabited
                                    structures are located
                                    up to 2 miles from the
                                    MRS's boundary or
                                    within the MRS's
                                    boundary that are
                                    associated with
                                    agriculture or forestry.
Industrial or warehousing........  [sbull] Activities are              2
                                    conducted or inhabited
                                    structures are located
                                    up to 2 miles from the
                                    MRS's boundary or
                                    within the MRS's
                                    boundary that are
                                    associated with
                                    industrial activities
                                    or warehousing.
No known or recurring activities.  [sbull] There are no               1
                                    known or recurring
                                    activities occurring up
                                    to 2 miles from the
                                    MRS's boundary or
                                    within the MRS's
                                    boundary.
------------------------------------------------------------------------
Notes:
[sbull] The term inhabited structures means permanent or temporary
  structures, other than DoD munitions-related structures, are routinely
  occupied by one or more persons for any portion of a day.

    Through the Ecological and/or Cultural Resources data element, DoD 
recognizes the importance of ecological and cultural resources present 
on an MRS. This data element considers threatened and endangered 
species, critical habitat, sensitive ecosystems, natural resources, 
historical sites, historic properties, cultural items, archaeological 
resources, and American Indian and Alaska Native sacred sites. 
Requirements for determining if a particular feature is a cultural 
resource are found in the National Historic Preservation Act, Native 
American Graves Protection and Repatriation Act, Archaeological 
Resources Protection Act, Executive Order 13007, and the

[[Page 50914]]

American Indian Religious Freedom Act. The greatest weight is awarded 
to MRS with both cultural and ecological resources.
    The classifications, the definition for each classification, and 
associated numerical scores for the Ecological and/or Cultural 
Resources data element are presented in Table 9.

   Table 9.--Classifications Within the EHE Ecological and/or Cultural
                         Resources Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
Ecological and cultural resources  [sbull] There are both              5
 present.                           ecological and cultural
                                    resources present on
                                    the MRS.
Ecological resources present.....  [sbull] There are                   3
                                    ecological resources
                                    present on the MRS.
Cultural resources present.......  [sbull] There are                   3
                                    cultural resources
                                    present on the MRS.
No ecological or cultural          [sbull] There are no               0
 resources present.                 ecological resources or
                                    cultural resources
                                    present on the MRS.
------------------------------------------------------------------------
Notes:
[sbull] Ecological resources means that: (1) A threatened or endangered
  species (designated under the Endangered Species Act (ESA)) is present
  on the MRS; or (2) the MRS id designated under the ESA as critical
  habitat for a threatened or endangered species; or (3) there are
  identified sensitive ecosystems such as wetlands or breeding grounds
  present on the MRS.
[sbull] Cultural resources means there are recognized cultural,
  traditional, spiritual, religious, or historical features (e.g.,
  structures, artifacts, symbolism) on the MRS. For example, American
  Indians or Alaska Natives deem the MRS to be of religious significance
  or there are areas that are used by American Indians or Alaska Natives
  for subsistence activities (e.g., hunting, fishing). Requirements for
  determining if a particular feature is a cultural resource are found
  in the National Historic Preservation Act, Native American Graves
  Protection and Repatriation Act, Archaeological Resources Protection
  Act, Executive Order 13007, and the American Indian Religious Freedom
  Act.

(4) EHE Module Rating
    As described earlier in discussion of the EHE module, each data 
element provides a numeric value that contributes to the EHE module 
score. The sum of the nine data elements is the EHE module score.
    There are seven EHE module ratings derived from the EHE module 
scores, as illustrated in Table 10, plus three alternatives to account 
for the explosive hazard potential at an MRS.

     Table 10.--Determining the EHE Rating From the EHE Module Score
------------------------------------------------------------------------
           Overall EHE Module Score                    EHE Rating
------------------------------------------------------------------------
The MRS has an overall EHE module score from   EHE Rating A
 92 to 100.
The MRS has an overall EHE module score from   EHE Rating B
 82 to 91.
The MRS has an overall EHE module score from   EHE Rating C
 71 to 81.
The MRS has an overall EHE module score from   EHE Rating D
 60 to 70.
The MRS has an overall EHE module score from   EHE Rating E
 48 to 59.
The MRS has an overall EHE module score from   EHE Rating F
 38 to 47.
The MRS has an overall EHE module score less   EHE Rating G
 than 38.
------------------------------------------------------------------------

    In addition, there are three other possible outcomes:
    [sbull] Evaluation pending. This category is used when UXO or DMM 
are believed or known to be present at an MRS, but sufficient 
information is not available to conduct the evaluation.
    [sbull] No longer required. Within the EHE module, this category is 
reserved for MRS that no longer require evaluation for an explosives 
hazard potential because DoD has conducted a response, all response 
objectives set out in the decision document for the MRS have been 
achieved, and no further action, except for long-term management and 
recurring reviews, is required.
    [sbull] No known or suspected explosive hazard. This category is 
reserved for MRS that do not require evaluation under the EHE module 
because no potential explosive hazard was identified.

B. The Chemical Warfare Materiel Hazard Evaluation (CHE) Module

    The second hazard evaluation module comprising an MRS priority is 
evaluation of the chemical hazards associated with the physiological 
effects of chemical warfare materiel (CWM). The CHE module is used only 
when CWM are known or suspected of being present at an MRS.
    CWM is a general term that is comprised of four subcategories:
    [sbull] CWM, explosively configured are all munitions that contain 
a CWA fill and any explosive component. Examples are M55 rockets with 
CWA, the M23 VX mine, and the M360 105-millimeter GB artillery 
cartridge.
    [sbull] CWM, nonexplosively configured are all munitions that 
contain a CWA but that do not include any energetic material. Examples 
are any chemical munition that does not contain explosive components 
(e.g., a burster, fuze), and VX or mustard agent spray canisters.
    [sbull] CWM, bulk container are all non-munitions-configured 
containers of CWA (e.g., ton containers).
    [sbull] Chemical agent identification sets (CAIS) are military 
training aids containing small quantities of various CWA and other 
chemicals. All forms of CAIS are scored the same in this Protocol, 
except CAIS K941, toxic gas set M-1; and K942, toxic gas set M-2/E11, 
which are scored higher due to the relatively large quantities of agent 
they contain.
    The CWA contained in each of the subcategories of CWM are chemicals 
chosen for military applications, and are intended to kill, seriously 
injure, or incapacitate a person through physiological effects. CWA is 
comprised of V- and G-series nerve agents, H-series (i.e., ``mustard'' 
agents) and L (i.e., lewisite) blister agents, and certain industrial 
chemicals used by the military as weapons, including phosgene, hydrogen 
cyanide (AC), cyanogen chloride (CK), or carbonyl dichloride (called 
phosgene or CG). CWA does not include riot control agents (e.g., w-
chloroacetophenone (CN) and o-chlorobenzylidenemalononitrile (CS) tear 
gas), chemical herbicides, smoke or incendiary compounds, and

[[Page 50915]]

industrial chemicals that are not configured as military munitions.
    Some CWM will be UXO (e.g., a fired Stoke's mortar round that 
contains a phosgene fill); some will be DMM (e.g., a discarded munition 
containing a chemical fill, or CAIS that were buried as a means of 
disposal).
    This module is not used to evaluate environmental media and debris 
containing chemical warfare agents (i.e., CWA-media and CWA-debris), as 
they are evaluated using the Relative Risk Site Evaluation module.
    Under the CHE module, nine data elements of MRS information 
comprising three areas are evaluated: CWM Hazard, Accessibility, and 
Receptors. The CWM Hazard factor is structured to evaluate the unique 
characteristics of CWM. The data elements in the Accessibility factor 
and Receptor factor are identical with those in the EHE module.
(1) CWM Hazard Factor
    The CWM Hazard factor is comprised of two data elements, CWM 
Configuration and Sources of CWM, and constitutes 40 percent of the CHE 
module score. The CWM Hazard factor is similar to the Explosive Hazard 
factor of the EHE module, but has been modified to address the unique 
characteristics of CWM.
    The CWM Configuration data element estimates the potential hazard 
based on the amount of CWA that may be contained in the munition, its 
likelihood to be dispersed, and the condition of the munition. Similar 
to the Munitions Type data element in the EHE module, DoD has also 
included an ``evidence of no CWM'' classification, which can only be 
used if, after investigation, there is physical or historical evidence 
that indicates there is no CWM present. The definition for ``evidence 
of no CWM'' is important as it requires DoD to investigate all MRS for 
the presence of CWM. Further, DoD's adoption of the criteria for 
physical and historical evidence serves as an affirmation that the DoD 
Components will collect information upon which to base decisions. This 
approach to physical or historical evidence is intended to preclude 
decisions based on the logic that ``* * * there is no physical/
historical evidence of * * *'' where the phrase could mean that there 
is an absence of information on what physical or historical evidence is 
available.
    The classifications, the definition for each classification, and 
associated numerical scores for the CWM Configuration data element are 
presented in Table 11.

Table 11.--Classifications Within the CHE CWM Configuration Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
CWM, explosive configuration,      The CWM known or                   30
 either UXO or damaged DMM.         suspected of being
                                    present at the MRS is:.
                                   [sbull] Explosively
                                    configured CWM that are
                                    UXO (i.e., CWM/UXO)..
                                   [sbull] Explosively
                                    configured CWM that are
                                    DMM that have been
                                    damaged (CWM/DMM).
CWM mixed with UXO...............  [sbull] The CWM known or           25
                                    suspected of being
                                    present at the MRS are
                                    CWM/DMM that are co-
                                    mingled with
                                    conventional munitions
                                    that are UXO.
CWM, explosive configuration that  [sbull] The CWM known or           20
 are DMM (unused).                  suspected of being
                                    present at the MRS are
                                    explosively configured
                                    CWM/DMM that have not
                                    been damaged.
CWM, not-explosively configured    The CWM known or                   15
 or CWM, bulk container.            suspected of being
                                    present at the MRS is:.
                                   [sbull] Non-explosively
                                    configured CWM/DMM.
                                   [sbull] Bulk CWM/DMM
                                    (e.g., ton container).
CAIS K941 and CAIS K942..........  [sbull] The CWM/DMM                12
                                    known or suspected of
                                    being present at the
                                    MRS is CAIS K941-toxic
                                    gas set M-1 or CAIS
                                    K942-toxic gas set M-2/
                                    E11.
CAIS (chemical agent               [sbull] The CWM known or           10
 identification sets).              suspected of being
                                    present at the MRS are
                                    only CAIS/DMM. The CAIS
                                    present cannot include
                                    CAIS K941, toxic gas
                                    set M-1; and K942,
                                    toxic gas set M-2/E11
                                    for the MRS to be
                                    assigned this rating.
Evidence of no CWM...............  [sbull] Following                  0
                                    investigation, the
                                    physical evidence
                                    indicates that CWM are
                                    not present at the MRS,
                                    or the historical
                                    evidence indicates that
                                    CWM are not present at
                                    the MRS.
------------------------------------------------------------------------
Notes:
[sbull] The notation CWM/DMM means CWM that are DMM.
[sbull] The term CWM /UXO means CWM that are UXO.
[sbull] Historical evidence means that the investigation: (1) Found
  written documents or records, or (2) documented interviews of persons
  with knowledge of site conditions, or (3) found and verified other
  forms of information.
[sbull] Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.

    The Sources of CWM data element addresses the type of activities 
that were conducted at the MRS and how and to what extent CWM were used 
or may be present. The source expected to pose the greatest hazard is a 
range that supported live-fire testing or training using explosively 
configured CWM. MRS where chemical munitions were only stored or 
transferred during transport pose the least hazard. As with the CWM 
Configuration data element, DoD has provided an ``evidence of no CWM'' 
classification for the Sources of CWM data element.
    The classifications, the definition for each classification, and 
associated numerical scores for the Sources of CWM data element are 
presented in Table 12.

[[Page 50916]]



  Table 12.--Classifications Within the CHE Sources of CWM Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
Live-fire involving CWM..........  [sbull] The MRS is a               10
                                    range that supported
                                    live-fire of
                                    explosively configured
                                    CWM, and the CWM/UXO
                                    are known or suspected
                                    of being present on the
                                    surface or in the
                                    subsurface
                                   [sbull] The MRS is a
                                    range that supported
                                    live-fire with
                                    conventional munitions,
                                    and CWM/DMM are on the
                                    surface or in the
                                    subsurface co-mingled
                                    with conventional
                                    munitions that are UXO.
Damaged CWM/DMM or CAIS/DMM,       [sbull] There are                  10
 surface or subsurface.             damaged CWM/DMM on the
                                    surface or in the
                                    subsurface at the MRS
Undamaged CWM/DMM or CAIS/DMM,     [sbull] There are                  10
 surface.                           undamaged CWM/DMM on
                                    the surface at the MRS
Undamaged CWM/DMM, or CAIS/DMM,    [sbull] There are                   5
 subsurface.                        undamaged CWM/DMM in
                                    the subsurface at the
                                    MRS
Production facilities of CWM or    [sbull] The MRS is a                3
 CAIS.                              facility that engaged
                                    inproduction of CWM,
                                    and there are CWM/DMM
                                    suspected of being
                                    present on the surface
                                    or in the subsurface
Research, Development, Testing,    [sbull] The MRS is at a             3
 and Evaluation (RDT&E) facility    facility that was
 using CWM or CAIS.                 involved in non-live
                                    fire RDT&E activities
                                    (including static
                                    testing) involving CWM,
                                    and there are CWM/DMM
                                    suspected of being
                                    present on the surface
                                    or in the subsurface
Training facility using CWM or     [sbull] The MRS is a                2
 CAIS.                              location that was
                                    involved in training
                                    activities involving
                                    CWM and/or CAIS (e.g.,
                                    training in recognition
                                    of CWA, decontamination
                                    training), and CWM/DMM
                                    are suspected of being
                                    present on the surface
                                    or in the subsurface
Storage or transfer points of CWM  [sbull] The MRS is a                1
                                    former storage facility
                                    or transfer point
                                    (e.g., inter-modal
                                    transfer) for CWM
Evidence of no CWM...............  [sbull] Following                  0
                                    investigation, the
                                    physical evidence
                                    indicates that CWM are
                                    not present at the MRS,
                                    or the historical
                                    evidence indicates that
                                    CWM are not present at
                                    the MRS
------------------------------------------------------------------------
Notes:
[sbull] The notation CWM/DMM means CWM that are DMM.
[sbull] The term CWM /UXO means CWM that are UXO.
[sbull] Historical evidence means that the investigation: (1) Found
  written documents or records, or (2) documented interviews of persons
  with knowledge of site conditions, or (3) found and verified other
  forms of information.
[sbull] Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.
[sbull] In the subsurface means the CWM (e.g., a DMM or UXO) is: (1)
  Entirely beneath the ground surface, or (2) fully submerged in a water
  body.
[sbull] On the surface means the CWM (i.e., a DMM or UXO) is: (1)
  Entirely or partially exposed above the ground surface, or (2)
  entirely or partially exposed above the surface of a water body (e.g.,
  as a result of tidal activity).

(2) Accessibility Factor
    The Accessibility factor of the CHE module focuses on the potential 
for receptors to encounter the CWM known or suspected to be present on 
a MRS. This factor consists of three elements that constitute 40 
percent of the CHE module numerical score.
    The data element Information on the Location of CWM is an 
evaluation of the following three conditions that were combined into 
one data element to best represent the potential for encountering CWM:
    [sbull] The confirmed or suspected presence of CWM based on 
physical evidence (e.g., presence or absence of munitions fragments, 
firing records, anecdotal information)
    [sbull] The likelihood for direct contact with CWM based on its 
proximity to the surface
    [sbull] The potential for the CWM to reach the surface due to 
dynamic site conditions (e.g., erosion).
    This data element attempts to differentiate MRS where a true hazard 
is present opposed to the numerous MRS where only CWM fragments remain 
or where CWM were only transferred or stored. It also differentiates 
between ``known'' versus ``suspected'' evidence.
    The classifications, the definition for each classification, and 
associated numerical scores for the Information on the Location of CWM 
element are presented in Table 13.

Table 13.--Classifications Within the CHE Information on the Location of
                            CWM Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
Confirmed surface................  [sbull] Physical                   25
                                    evidence indicates
                                    there are CWM on the
                                    surface of the MRS.
                                   [sbull] Historical
                                    evidence (e.g., a
                                    confirmed incident
                                    report or accident
                                    report) indicates there
                                    are CWM on the surface
                                    of the MRS..
Confirmed subsurface, active.....  [sbull] Physical                   20
                                    evidence indicates the
                                    presence of CWM in the
                                    subsurface of the MRS
                                    and the geological
                                    conditions at the MRS
                                    are likely to cause CWM
                                    to be exposed in the
                                    future by naturally
                                    occurring phenomena
                                    (e.g., drought,
                                    flooding, erosion,
                                    frost, heat heave,
                                    tidal action), or there
                                    are on-going intrusive
                                    activities (e.g.,
                                    plowing, construction)
                                    at the MRS that are
                                    likely to expose CWM.
                                   [sbull] Historical
                                    evidence indicates that
                                    CWM are located in the
                                    subsurface of the MRS
                                    and the geological
                                    conditions at the MRS
                                    are likely to cause CWM
                                    to be exposed in the
                                    future by naturally
                                    occurring phenomena
                                    (e.g., drought,
                                    flooding, erosion,
                                    frost, heat heave,
                                    tidal action), or there
                                    are on-going intrusive
                                    activities (e.g.,
                                    plowing, construction,
                                    dredging) at the MRS
                                    that are likely to
                                    cause CWM..

[[Page 50917]]

 
Confirmed subsurface, stable.....  [sbull] Physical                   15
                                    evidence indicates the
                                    presence of CWM in the
                                    subsurface of the MRS
                                    and the geological
                                    conditions at the MRS
                                    are not likely to cause
                                    CWM to be exposed in
                                    the future by naturally
                                    occurring phenomena, or
                                    there are no intrusive
                                    activities occurring at
                                    the MRS that are likely
                                    to either occur, or if
                                    the activities do
                                    occur, are likely to
                                    cause CWM to be
                                    exposed..
                                   [sbull] Historical
                                    evidence indicates that
                                    CWM are located in the
                                    subsurface of the MRS
                                    and the geological
                                    conditions at the MRS
                                    are not likely to cause
                                    CWM to be exposed in
                                    the future by naturally
                                    occurring phenomena, or
                                    there are no intrusive
                                    activities occurring at
                                    the MRS that are likely
                                    to either occur, or if
                                    the activities do
                                    occur, are likely to
                                    cause CWM to be
                                    exposed..
Suspected (physical evidence)....  [sbull] There is                   10
                                    physical evidence other
                                    than the documented
                                    presence of CWM,
                                    indicating that CWM may
                                    be present at the MRS.
Suspected (historical evidence)..  [sbull] There is                   10
                                    historical evidence
                                    indicating that CWM may
                                    be present at the MRS.
Subsurface, physical constraint..  [sbull] There is                    2
                                    physical or historical
                                    evidence indicating the
                                    CWM may be present in
                                    the subsurface, but
                                    there is a physical
                                    constraint (e.g.,
                                    pavement, water depth
                                    over 120 feet)
                                    preventing direct
                                    access to the CWM.
Evidence of no CWM...............  [sbull] Following                  0
                                    investigation of the
                                    MRS, there is physical
                                    evidence there is no
                                    CWM present, or there
                                    is historical evidence
                                    indicating that no CWM
                                    are present.
------------------------------------------------------------------------
Notes:
[sbull] Historical evidence means that the investigation: (1) found
  written documents or records, or (2) documented interviews of persons
  with knowledge of site conditions, or (3) found and verified other
  forms of information.
[sbull] Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.
[sbull] In the subsurface means the munition (i.e., a DMM or UXO) is (1)
  entirely beneath the ground surface, or (2) fully submerged in a water
  body.
[sbull] On the surface means the CWM (e.g., a DMM or UXO) is (1)
  entirely or partially exposed above the ground surface, or (2)
  entirely or partially exposed above the surface of a water body (e.g.,
  as a result of tidal activity).
[sbull] The term small arms ammunition means solid projectile ammunition
  that is .50 caliber or smaller and shotgun shells.

    The Ease of Access data element focuses on the means for an 
encounter with CWM based on the extent of controls preventing access or 
entry to the MRS. Both natural obstacles (e.g., dense vegetation, 
rugged terrain, water) and man-made controls (e.g., fencing) are 
considered in this analysis. DoD deliberated over numerous data 
elements and associated definitions to best capture these conditions. 
DoD found the conditions within this data element difficult to capture, 
especially for large MRS that have not been characterized and had 
varying conditions across the MRS (e.g., short grass and dense swamp).
    The classifications, the definition for each classification, and 
associated numerical scores for the Ease of Access data element are 
presented in Table 14.

  Table 14.--Classifications Within the CHE Ease of Access Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
No barrier.......................  [sbull] There is no                10
                                    barrier preventing
                                    access to all parts of
                                    the MRS (i.e., all
                                    parts of the MRS are
                                    accessible).
Barrier to MRS access is           [sbull] There is a                  8
 incomplete.                        barrier preventing
                                    access to parts of the
                                    MRS but not the entire
                                    MRS.
Barrier to MRS access is complete  [sbull] There is a                  5
 but not monitored.                 barrier preventing
                                    access to all parts of
                                    the MRS, but there is
                                    no surveillance (e.g.,
                                    by a guard) to ensure
                                    that the barrier is
                                    effectively preventing
                                    access to all parts of
                                    the MRS.
Barrier to MRS access is complete  [sbull] There is a                 0
 and monitored.                     barrier preventing
                                    access to all parts of
                                    the MRS, and there is
                                    active continual
                                    surveillance (e.g., by
                                    a guard, video
                                    monitoring) to ensure
                                    that the barrier is
                                    effectively preventing
                                    access to all parts of
                                    the MRS.
------------------------------------------------------------------------
Notes: Barrier means a natural obstacle or obstacles (e.g., difficult
  terrain, dense vegetation, deep or fast moving water), a man-made
  obstacle or obstacles (e.g., fencing), or a combination of natural and
  man-made obstacles.

    The last data element in the Accessibility factor is Status of 
Property. Its purpose is to differentiate between MRS that DoD controls 
and MRS that DoD does not control. Based on comments received during 
the consultation with the Tribes, DoD revised the definition of Non-DoD 
control to specifically include all Indian lands (i.e., trust lands, 
allotments, and Alaska Native Claims Settlement Act (ANCSA)-conveyed 
property). DoD also included property transferring from DoD control 
within 3 years in this data element to address those MRS that may be 
currently controlled by DoD but are planned for transfer to non-DoD 
entities in the near future. There are three classifications, DoD 
control, Scheduled for transfer from DoD control, and Non-DoD control.
    The classifications, the definition for each classification, and 
associated numerical scores for the Status of Property data element are 
presented in Table 15.

[[Page 50918]]



    Table 15.--Classifications Within the CHE Status of Property Data
                                 Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
Non-DoD control..................  [sbull] The MRS is at a             5
                                    location that is no
                                    longer owned by, leased
                                    to, or otherwise
                                    possessed or used by
                                    the DoD. Examples are
                                    privately owned land or
                                    water bodies; land or
                                    water bodies owned or
                                    controlled by American
                                    Indian or Alaskan
                                    Native Tribes, or State
                                    or local governments;
                                    and lands or water
                                    bodies managed by other
                                    Federal agencies.
Scheduled for transfer from DoD    [sbull] The MRS is on               3
 control.                           land or is a water body
                                    that is owned, leased,
                                    or otherwise possessed
                                    by control DoD, and DoD
                                    plans to transfer that
                                    land or water body to
                                    control of another
                                    entity (e.g., a State,
                                    American Indian,
                                    Alaskan Native, or
                                    local government; a
                                    private party; another
                                    Federal agency) within
                                    3 years from the date
                                    the Protocol is applied.
DoD control......................  [sbull] The MRS is on               0
                                    land or is a water body
                                    that is owned, leased,
                                    or otherwise possessed
                                    by the DoD. With
                                    respect to property
                                    that is leased or
                                    otherwise possessed,
                                    DoD controls access to
                                    the property 24-hours
                                    per day, every day of
                                    the calendar year.
------------------------------------------------------------------------

(3) Receptor Factor
    The Receptor factor focuses on the human and ecological populations 
that may be impacted by the presence of CWM. Its four data elements 
constitute 20 percent of numerical score of the CHE module.
    The Population Density data element is used to both assess the 
number of persons that could potentially access the MRS and potentially 
be at risk from known or suspected CWM present at the MRS. Using U.S. 
Census Bureau data, it is based on the number of people per square mile 
in the county in which the MRS is located. If the MRS is located in 
more than one county, DoD will use the largest population value among 
the counties. DoD selected county population density for this element 
because city population information was not consistently available for 
all MRS, especially those in more rural or remote locations. If the MRS 
is within or borders on city limits, the population density of the city 
should be used instead of the county population density. During 
consultation with States, Tribes, and other Federal agencies, some 
agencies expressed a desire to use alternate and other readily 
available data (e.g., daily visitor counts to national recreational 
areas) in place of census data. DoD considered this approach but, for 
consistency in the Protocol's application, determined that such site-
specific data would best be addressed in implementation guidance or 
considered as ``risk plus'' or ``other'' factors when determining the 
sequencing for MRS. DoD also initially considered differentiating 
between on-site and off-site populations but found such an approach 
unworkable.
    The classifications, the definition for each classification, and 
associated numerical scores for the Population Density data element are 
presented in Table 16.

    Table 16.--Classifications Within the CHE Population Density Data
                                 Element
------------------------------------------------------------------------
          Classification                  Definition            Score
------------------------------------------------------------------------
 500 persons per        [sbull] There are more              5
 square mile.                       than 500 persons per
                                    square mile in the
                                    county in which the MRS
                                    is located, based on
                                    U.S. Census Bureau data.
100-500 persons per square mile..  [sbull] There are 100 to            3
                                    500 persons per square
                                    mile in the county in
                                    which the MRS is
                                    located, based on U.S.
                                    Census Bureau data.
< 100 persons per square mile....  [sbull] There are fewer            1
                                    than 100 persons per
                                    square mile in the
                                    county in which the MRS
                                    is located, based on
                                    U.S. Census Bureau data.
------------------------------------------------------------------------
Notes:
[sbull] If an MRS is in more that one county, the DoD Component will use
  the largest population value among the counties. If the MRS is within
  or borders a city or town, the population density for the city or town
  instead of the county population density is used.

    The Population Near Hazard data element is estimated based on the 
number of inhabited structures \3\ on the MRS and within a 2-mile 
distance extending out from the boundary of the MRS. Although this 
element is defined based on the number of inhabited structures, DoD's 
focus is on the potential for human populations within the structures, 
not on the structures themselves.
---------------------------------------------------------------------------

    \3\ Under the DoD Explosive Safety Standards, inhabited 
structures are considered as structures, including schools, 
churches, residences, aircraft passenger terminals, stores, shops, 
factories, hospitals, and theaters, other than DoD munitions-related 
structures, routinely occupied for any portion of the day, both 
within and outside of DoD facilities. Occupied temporary structures 
are also included.
---------------------------------------------------------------------------

    The classifications, the definition for each classification, and 
associated numerical scores for the Population Near Hazard data element 
are presented in Table 17.

  Table 17.--Classifications Within the CHE Population Near Hazard Data
                                 Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
26 or more structures............  [sbull] There are 26 or             5
                                    more inhabitated
                                    structures located up
                                    to 2 miles from the
                                    boundary of the MRS,
                                    within the boundary of
                                    the MRS, or both.
16 to 25.........................  [sbull] There are 16 --             4
                                    25 inhabitated
                                    structures located up
                                    to 2 miles from the
                                    boundary of the MRS,
                                    within the boundary of
                                    the MRS, or both.

[[Page 50919]]

 
11 to 15.........................  [sbull] There are 11 --             3
                                    15 inhabitated
                                    structures located up
                                    to 2 miles from the
                                    boundary of the MRS,
                                    within the boundary of
                                    the MRS, or both.
6 to 10..........................  [sbull] There are 6 --              2
                                    10 inhabited structures
                                    located up to 2 miles
                                    from the boundary of
                                    the MRS, within the
                                    boundary of the MRS, or
                                    both.
1 to 5...........................  [sbull] There are 1 --5             1
                                    inhabited structures
                                    located up to 2 miles
                                    from the boundary of
                                    the MRS, within the
                                    boundary of the MRS, or
                                    both.
0................................  [sbull] There are no
                                    inhabited structures
                                    located up to 2 miles
                                    from the boundary of
                                    the MRS, within the
                                    boundary of the MRS, or
                                    both .
------------------------------------------------------------------------
Notes: The term inhabited structures means permanent or temporary
  structures, other than DoD munitions-related structures, that are
  routinely occupied by one or more persons for any portion of a day.

    The Types of Activities/Structures data element is used to assess 
information about the population and activities near the hazard. 
Through this data element, DoD strives to address multiple factors, 
including the amount, type, the intrusiveness of activities, and the 
likelihood of people to congregate onsite and within a 2-mile radius of 
the MRS. Consideration is made to reflect the nature of the activities 
that may result in an encounter with CWM. Residential and recreational 
areas are weighted highest to reflect the types of activities and 
population (e.g., children) that may be in their vicinity. In response 
to Tribal comments, DoD included subsistence issues in the highest 
classification.
    The classifications, the definition for each classification, and 
associated numerical scores for the Types of Activities/Structures 
element are presented in Table 18.

Table 18.--Classifications Within the CHE Types of Activities/Structures
                              Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
Residential, educational,          [sbull] Activities are              5
 commerical, or subsistence.        conducted or inhabited
                                    structures are located
                                    up to 2 miles from the
                                    MRS's boundary, or
                                    within the MRS's
                                    boundary that are
                                    associated with any of
                                    the following purposes;
                                    residential,
                                    educational, child
                                    care, critical assets
                                    (e.g., hospitals, fire
                                    and rescue, police
                                    stations, dams),
                                    hotels, commercial
                                    shopping centers,
                                    playgrounds, community
                                    gathering areas,
                                    religious sites or
                                    sites used for
                                    subsistence hunting,
                                    fishing, and gathering.
Parks and recreational areas.....  [sbull] Activities are              4
                                    conducted or inhibited
                                    structures are located
                                    up to 2 miles from the
                                    MRS's boundary or
                                    within the MRS's
                                    boundary that area
                                    associated with parks,
                                    nature preserves or
                                    other recreational uses.
Agricultural, forestry...........  [sbull] Activities are              3
                                    conducted or inhabited
                                    structures are located
                                    up to 2 miles from the
                                    MRS's boundary, within
                                    the MRS's boundary that
                                    are associated with
                                    agriculture or forestry.
Industrial or warehousing........  [sbull] Activities are              2
                                    conducted or inhabited
                                    structures are located
                                    up to 2 miles from the
                                    MRS's boundary, within
                                    the MRS's boundary that
                                    are associated with
                                    industrial activities
                                    or warehousing.
No known or recurring activities.  [sbull] There are no               1
                                    known of recurring
                                    recurring activities
                                    occurring up to 2
                                    activities miles from
                                    the MRS's boundary or
                                    within the MRS's
                                    boundary.
------------------------------------------------------------------------
Notes: The term inhabited structures means permanent or temporary
  structures, other than DoD munitions-related structures, are routinely
  occupied by one or more persons for any portion of a day.

    Through the Ecological and/or Cultural Resources data element, DoD 
recognizes the importance of the ecological and cultural resources 
present on an MRS. This data element considers threatened and 
endangered species, critical habitat, sensitive ecosystems, natural 
resources, historical sites, historic properties, cultural items, 
archeological resources, and American Indians or Alaska Natives 
spiritual sites (e.g., the MRS is deemed by American Indian or Alaska 
Natives to be of spiritual significance, or there are areas that are 
used by American Indian and Alaska Natives for subsistence activities, 
such as hunting or fishing). Requirements for determining if a 
particular feature is a cultural resource are found in the National 
Historic Preservation Act, Native American Graves Protection and 
Repatriation Act, Archeological Resources Protection Act, Executive 
Order 13007, and the American Indian Religious Freedom Act. The 
greatest weight is awarded to MRS with both cultural and ecological 
resources.
    The classifications, the definition for each classification, and 
associated numerical scores for the Ecological and/or Cultural 
Resources data element are presented in Table 19.

  Table 19.--Classifications Within the CHE Ecological and/or Cultural
                         Resources Data Element
------------------------------------------------------------------------
          Classification                  Description           Score
------------------------------------------------------------------------
Ecological and cultural resources  [sbull] There are both              5
 present.                           ecological and cultural
                                    resources present on
                                    the MRS.
Ecological resources present.....  [sbull] There are                   3
                                    ecological resources
                                    present on the MRS.
Cultural resources present.......  [sbull] There are                   3
                                    cultural resources
                                    present on the MRS.

[[Page 50920]]

 
No ecological or cultural          [sbull] There are no               0
 resources present.                 ecological resources or
                                    cultural resources
                                    present on the MRS.
------------------------------------------------------------------------
Notes:
[sbull] Ecological resources means that: (1) A threatened or endangered
  species (designated under the Endangered Species Act (ESA)) is present
  on the MRS; or (2) the MRS is designated under the ESA as critical
  habitat for a threatened or endangered species; or (3) there are
  identified sensitive ecosystems such as wetlands or breeding grounds
  present on the MRS.
[sbull] Cultural resources means there are recognized cultural,
  spiritual, traditional, religious, or historical features (e.g.,
  structures, artifacts, symbolism) on the MRS. For example, American
  Indians or Alaska Natives deem the MRS to be of spiritual significance
  or there are areas that are used by American Indians or Alaska Natives
  for subsistence activities (e.g., hunting, fishing). Requirements for
  determining if a particular feature is a cultural resource are found
  in the National Historic Preservation Act, Native American Graves
  Protection and Repatriation Act, Archeological Resources Protection
  Act, Executive Order 13007, and the American Indian Religious Freedom
  Act.

(4) CHE Module Rating
    As described earlier in discussion of the CHE module, each data 
element provides a numeric value that contributes to the CHE module 
score. The sum of the nine data elements is the CHE module score.
    There are seven CHE module ratings derived from the CHE module 
scores, as illustrated in Table 20, plus three alternatives to account 
for the chemical hazard potential at an MRS.

     Table 20.--Determining the CHE Rating From the CHE Module Score
------------------------------------------------------------------------
         Overall CHE module score                    CHE rating
------------------------------------------------------------------------
The MRS has an overall CHE module score     CHE Rating A
 from 92 to 100.
The MRS has an overall CHE module score     CHE Rating B
 from 82 to 91
The MRS has an overall CHE module score     CHE Rating C
 from 71 to 81
The MRS has an overall CHE module score     CHE Rating D
 from 60 to 70
The MRS has an overall CHE module score     CHE Rating E
 from 48 to 59
The MRS has an overall CHE module score     CHE Rating F
 from 38 to 47
The MRS has an overall CHE module score     CHE Rating G
 less than 38
------------------------------------------------------------------------

    In addition, there are three other possible outcomes:
    [sbull] Evaluation pending. This category is used when CWM is 
believed or known to be present but sufficient information is not 
available to conduct the evaluation.
    [sbull] No longer required. This category is reserved for MRS that 
no longer require an evaluation for a potential CWM hazard because DoD 
has conducted a response, all response objectives set out in the 
decision document for the MRS have been achieved, and no further 
action, except for long-term management and recurring reviews, is 
required.
    [sbull] No known or suspected CWM Hazard. This category is reserved 
for MRS that do not require evaluation under the CHE module.

C. The Relative Risk Site Evaluation (RRSE) Hazard Module

    In 1994, the DoD Inter-Service Relative Risk Working Group, 
comprised of representatives from the DoD Components, developed the 
RRSE framework for use in prioritizing sites under the Installation 
Restoration program (IRP) category of the DERP. The RRSE framework 
addresses chronic health and environmental effects of many of the 
chemicals known to have been released into the environment from 
activities at DoD installations and FUDS. The RRSE was revised in 1997, 
to address questions, comments, and DoD initiatives that arose during 
the first twenty months of implementation.
    DoD will use the RRSE module to evaluate the potential hazards 
posed by munitions constituents or CWA at a MRS relative to the hazard 
potential at other MRS. The grouping of MRS into high, medium, or low 
relative risk categories is not a substitute for a baseline risk 
assessment or health assessment, nor is it a means for selecting a 
remedy or placing MRS into a Response Complete/No Further Action 
category.
    DoD has elected to apply the RRSE framework to evaluate the 
potential chronic health and environmental effects of munitions 
constituents at MRS because it has been successfully used at sites in 
the IRP. Using the same framework to evaluate IRP sites and MRS ensures 
consistency in the approach taken to evaluate chronic health and 
environmental effects of chemicals released to the environment.
    In the RRSE module, MRS with releases of munitions constituents or 
CWA are grouped in high, medium, and low priority categories based on 
an evaluation of MRS information using three factors and four media and 
their exposure endpoints:
    [sbull] Factors:
    --Contaminant hazard factor (CHF)
    --Migration pathway factor (MPF)
    --Receptor factor (RF)
    [sbull] Endpoints:
    --Groundwater, considering only a human receptor endpoint
    --Surface water, using both a human and an ecological endpoint
    --Sediments, using both a human and an ecological endpoint
    --Surface soils (i.e., soils in the depth range of 0-6 inches) 
using a human endpoint.
    Each environmental medium is evaluated using three factors that 
relate to the three structural components of the conceptual site model 
used in environmental risk assessments: source, pathway, and receptor. 
In the RRSE, the CHF (relationship of contaminants to comparison 
values) is the source term; MPF (likelihood/extent of contaminant 
migration) is the pathway term; and RF (likelihood of receptor exposure 
to contamination) is the receptor term.
    Each of these three factors is rated on a scale of three values 
(e.g., the scale for the contaminant hazard factor is significant, 
moderate, or minimal) based on up-to-date and representative MRS 
information. For each environmental medium, factor ratings are combined 
to determine the environmental medium-specific rating of high, medium, 
or low. The MRS is then placed in an overall priority category of high, 
medium, or low, based on the highest medium-specific rating.
(1) Contaminant Hazard Factor
    The CHF is based on the ratio of the maximum concentration of a 
contaminant detected in an environmental medium to an established risk-
based comparison value for the contaminant in that medium. The CHF is 
rated significant, moderate or minimal. A significant rating is given 
when the sum of ratios of the maximum concentration of a contaminant 
detected

[[Page 50921]]

to the comparison value is greater than 100. A moderate rating is given 
when the ratios are greater than 2 but less than 100. A minimal rating 
is assigned when the ratios are less than 2. The framework uses 
available site information to evaluate three media of concern: 
groundwater, surface water and sediment, and surface soils.
    The calculation is shown in Figure 2.
    [GRAPHIC] [TIFF OMITTED] TP22AU03.002
    
    The comparison values used for this evaluation are provided in the 
Relative Risk Site Evaluation Primer (Summer 1997, Revised Edition), 
which can be referenced through the World Wide Web in the publications 
sections at http://www.dtic.mil/envirodod. DoD will update these values 
on an as needed basis to reflect the latest information available from 
sources such as the Integrated Risk Information System (IRIS) 
maintained by the EPA or the EPA Region IX Preliminary Remediation 
Goals (PRGs).
(2) Migration Pathway Factor
    The MPF represents the likelihood of transport of contaminants 
through groundwater, surface water and sediment, and soil. The MPF is 
determined by matching available site information on pathways with the 
corresponding definitions about the likelihood of contaminant 
migration. The MPF is rated evident, potential, or confined according 
to the following definitions about the likelihood of contaminant 
migration for each environmental medium:
    (a) Groundwater
    [sbull] Evident--Analytical data or observable evidence indicates 
that contamination in the groundwater is moving or has moved away from 
the source area.
    [sbull] Potential--Contamination in the groundwater has moved only 
slightly beyond the source (i.e., tens of feet), could move but is not 
moving appreciably, or information is not sufficient to make a 
determination of Evident or Confined.
    [sbull] Confined--Information indicates that the potential for 
contaminant migration from the source via the groundwater is limited 
(due to geological structures or physical controls).
    (a) Surface Water and Sediment
    [sbull] Evident--Analytical data or observable evidence indicates 
that contamination in surface water and/or sediment is present at, 
moving toward, or has moved to a point of exposure.
    [sbull] Potential--Contamination in surface water or sediment has 
moved only slightly beyond the source (i.e., tens of feet), could move 
but is not moving appreciably, or information is not sufficient to make 
a determination of Evident or Confined.
    [sbull] Confined--Information indicates a low potential for 
contaminant migration from the surface water or sediment source to a 
potential point of exposure (could be due to presence of geological 
structures or physical controls).
    (c) Soils
    [sbull] Evident--Analytical data or observable evidence that 
contamination in the soil is present at, is moving toward, or has moved 
to a point of exposure.
    [sbull] Potential--Contamination in the soil has moved only 
slightly beyond the source (i.e., tens of feet), could move but is not 
moving appreciably, or information is not sufficient to make a 
determination of Evident or Confined.
    [sbull] Confined--Information indicates a low possibility for 
contamination to be present at or migrate to a point of exposure.
(3) Receptor Factor
    Information about the present or future likelihood of receptors for 
each MRS is summarized as the Receptor Factor (RF). RF of identified, 
potential, or limited are determined by analysis of available 
information on receptors at MRS. Human and ecological receptors (i.e., 
endpoints for exposure) to be considered are as follows:
    (a) Groundwater
    Human receptors include those individuals that may be exposed to 
groundwater contamination via onsite and down gradient water supply 
wells used for human consumption or in food production. Groundwater is 
classified using the EPA's Guidelines for Groundwater Classification 
Under the EPA Groundwater Protection Strategy, Office of Groundwater 
Protection, 1986. Ecological receptors are not evaluated.
    (b) Surface Water and Sediment
    These two media are discussed together since they potentially 
affect the same receptors. Human receptors for

[[Page 50922]]

surface water and sediment share the same migration pathway and, 
therefore, include those individuals that may be exposed to surface 
water or sediment contamination through onsite and down gradient water 
supplies and recreational areas. Receptors include down gradient water 
supplies used for drinking water, irrigation of food crops, watering of 
livestock, aquaculture, and recreational activities such as fishing. 
Ecological receptors for surface water and sediment are limited to 
critical habitats and other similar environments that are reasonably 
expected to be impacted by a MRS.
    (c) Surface Soil.
    Human receptors include residents, people in schools and daycare, 
and workers who have direct access to contamination on a frequent 
basis. Ecological receptors are not considered for evaluation of the 
surface soil since ecological standards are generally not available for 
the CHF calculation; however, ecological receptors may be incorporated 
into the soil evaluation if ecological standards become available.
(4) Calculation of the RRSE Module Rating
    For each medium at a MRS, the CHF, MPF, and RF are combined to 
obtain the relative risk (high, medium, or low) for that medium. The 
highest RRSE result for a medium determines the RRSE designation for 
the MRS. If there is insufficient information to complete the RRSE 
evaluation, the MRS is assigned a value of ``evaluation pending.'' DoD 
will determine each MRS's relative priority after combining its RRSE 
rating with the ratings determined from the EHE and CHE modules.
    The matrix for assigning the overall RRSE hazard rating is provided 
in Table 21.

                          Table 21.--Relative Risk Site Evaluation Module Hazard Rating
----------------------------------------------------------------------------------------------------------------
                                                                   Migration pathway
    Contaminant hazard factor and     --------------------------------------------------------------------------
           receptor factor                     Evident                 Potential                 Confined
----------------------------------------------------------------------------------------------------------------
Significant:
    Identified.......................  High...................  High...................  Medium.
    Potential........................  High...................  High...................  Medium.
    Limited..........................  Medium.................  Medium.................  Low.
Moderate:
    Identified.......................  High...................  High...................  Low.
    Potential........................  High...................  Medium.................  Low.
    Limited..........................  Medium.................  Low....................  Low.
Minimal:
    Identified.......................  High...................  Medium.................  Low.
    Potential........................  Medium.................  Low....................  Low.
    Limited..........................  Low....................  Low....................  Low.
----------------------------------------------------------------------------------------------------------------

D. Assigning the MRS Priority--Integrating the EHE, CHE, and RRSE 
Module Ratings

    As illustrated in Table 22, DoD proposes a MRS prioritization 
concept for comment that considers the results of the three hazard 
evaluation modules. The concept involves comparing the individual 
evaluation of the EHE, CHE, and RRSE modules using Table 22. Once the 
appropriate ratings are selected for each hazard evaluation module, the 
module with the lowest numerical value (e.g., Priority 1 versus 
Priority 5) determines the MRS priority. For example, if the EHE module 
rating for an MRS is Hazard Rating A, the CHE module rating is Hazard 
Rating E, and the RRSE module rating is medium, the MRS would be 
assigned to Priority 2, based on the EHE module rating.

                    Table 22.--MRS Priority Based on Highest Hazard Evaluation Module Rating
----------------------------------------------------------------------------------------------------------------
         EHE module rating           Priority     CHE module rating    Priority    RRSE module rating   Priority
----------------------------------------------------------------------------------------------------------------
                                     ........  Hazard Evaluation A            1
                                                (Highest).
Hazard Evaluation A (Highest)......         2  Hazard Evaluation B...         2  High (highest).......         2
Hazard Evaluation B................         3  Hazard Evaluation C...         3                         ........
Hazard Evaluation C................         4  Hazard Evaluation D...         4                         ........
Hazard Evaluation D................         5  Hazard Evaluation E...         5  Medium...............         5
Hazard Evaluation E................         6  Hazard Evaluation F...         6                         ........
Hazard Evaluation F................         7  Hazard Evaluation G            7                         ........
                                                (Lowest).
Hazard Evaluation G (Lowest).......         8  ......................  ........  Low..................         8
No Longer Required.................  ........  No Longer Required....  ........  No Longer Required...  ........
Evaluation Pending.................  ........  Evaluation Pending....  ........  Evaluation Pending...  ........
No Known or Suspected Explosive      ........  No Known or Suspected   ........  .....................       N/A
 Hazard.                                        CWM Hazard.
----------------------------------------------------------------------------------------------------------------

    Each MRS will ultimately be assigned one of eight MRS priorities 
based on the ratings of the three hazard evaluation modules. Only MRS 
with a potential CWM hazard can be assigned to Priority 1, and no MRS 
with CWM can be assigned to Priority 8. A ``prioritization no longer 
required'' designation is used to indicate that a MRS no longer 
requires prioritization. This designation is used only when all three 
hazard evaluation modules are rated as ``no longer required'' or ``no 
known or suspected explosive hazard'' or ``no known or suspected CWM 
hazard.''
    As described previously, any hazard evaluation module for which 
there is insufficient information to complete the hazard evaluation 
will be placed into an ``evaluation pending'' rating for that

[[Page 50923]]

module, and the MRS priority will be assigned based on the modules (if 
any) for which sufficient data were available for a complete evaluation 
of the hazard. The Protocol will be reapplied to the MRS when data to 
complete evaluation of the remaining modules is obtained.
    DoD Components will review each MRS priority at least annually and 
update the priority as necessary to reflect new information that has 
become available. The Protocol will be reapplied at a MRS under the 
following circumstances:
    (1) Upon completion of a response action that could change the site 
conditions evaluated by the hazard evaluation modules at the MRS.
    (2) To update or validate a previous module evaluation at an MRS 
when new information is available.
    (3) To update or validate an MRS priority that was previously 
assigned based on evaluation of only one or two of the three hazard 
evaluation modules.
    (4) Upon further delineation and characterization of an MRA into 
MRS.
    (5) To categorize MRS previously classified as ``evaluation 
pending.''
    DoD Components are directed to develop and maintain records on the 
application of the Protocol for each MRS. At a minimum, the records 
shall contain references to all information and documents used for the 
evaluation (e.g., field logs, data from preliminary assessments, site 
inspections, or remedial investigations/feasibility studies, risk 
assessments), evaluation documentation (e.g., worksheets), and database 
records. These records will be included in the Administrative Record 
for the MRS.
    DoD Components will also report the MRS priority and the ratings 
for each hazard evaluation module to the Office of the Deputy Under 
Secretary of Defense (Installations & Environment) for inclusion in the 
DERP Annual Report to Congress.

IX. Schedule for Application of the Protocol and for Addressing MRS 
Assigned a Rating of ``Evaluation Pending''

    DoD intends that the Protocol be applied to any given MRS as soon 
as the information required to populate any of the modules is 
available. Where a DoD Component has some, but not all the data to 
apply any of the modules, DoD believes it appropriate to establish 
programmatic goals and specific milestones for applying the Protocol. 
For example, the Formerly Used Defense Sites (FUDS) program has most of 
the data required for application of the EHE and CHE modules at a 
significant number of FUDS. This is known because FUDS have been 
evaluated using the risk assessment code, one of the two interim tools 
DoD adopted to prioritize munitions responses. There are also a much 
smaller number of sites that have been evaluated using the RRSE tool, 
the other interim tool DoD adopted in the Management Guidance to 
prioritize munitions responses. DoD also realizes that it does not have 
any of the data required to apply the Protocol at other MRS. These MRS 
will be initially assigned the rating of ``evaluation pending.''
    DoD intends to establish specific milestones for applying the 
Protocol that differentiate among MRS that have undergone a RAC or RRSE 
evaluation, MRS with a status of ``evaluation pending,'' and MRS 
identified after May 31, 2003. While DoD does not intend to include 
such goals and milestones in the final regulation, DoD believes that 
input from interested parties may prove valuable in determining an 
appropriate time frame for application of this Protocol to the MRS in 
the inventory, and suggests the following goals are appropriate:
    [sbull] For each MRS in the inventory as of May 31, 2003, that has 
not been evaluated using the RAC or RRSE tools and which is assigned a 
status of ``evaluation pending:''
    --A priority will be assigned based on an evaluation using at least 
one hazard evaluation module by May 31, 2007.
    --A priority will be assigned based on an evaluation using all 
hazard evaluation modules by May 31, 2012.
    [sbull] For each MRA or MRS identified after May 31, 2003:
    --A priority will be assigned based on an evaluation using at least 
one hazard module within 2 years of identification or by May 31, 2007, 
whichever is later.
    --A priority will be assigned based on an evaluation using all 
hazard modules within 4 years of identification or by May 31, 2012, 
whichever is later.

X. Protocol Testing Methodology

    In developing the Protocol, DoD conducted extensive testing of 
various alternative constructions. This testing helped DoD develop the 
numeric values for the data elements and factors, achieve consistent 
and repeatable results, ensure an appropriate spread of MRS across the 
priority outcomes, and ensure MRS were assigned appropriate outcomes 
based on site conditions.

A. Selection of Sites

    During development of the Protocol, more than 70 MRS were tested 
using the Protocol. The majority of MRS selected for testing were FUDS 
because DoD had the most data for these MRS. Within FUDS, MRS ranging 
from a minimal hazard to the highest hazard were tested. In addition, 
DoD selected MRS known to contain multiple hazards (i.e., EHE, CHE, 
and/or RRSE) as a means to test the logic of the evaluation of each 
hazard module and the overall Protocol.

B. Testing Format

    DoD tested the Protocol on numerous occasions. Testing was 
completed during presentations to stakeholders, during weekly internal 
working group meetings, and during several concentrated testing 
sessions with DoD personnel. Testing working groups typically consisted 
of a small group of DoD experts knowledgeable in munitions response and 
environmental restoration. The majority of testing was conducted by a 
core group of participants to promote consistency.
    The group testing the model typically scored three to five MRS at a 
time, reviewing available data and documenting their findings in a 
worksheet developed specifically for the testing. Worksheets were 
developed specific to each module. Other personnel compiled the scores 
as the group testing the model completed each grouping of MRS. The 
compiled scores facilitated discussion held after every three to five 
MRS to give the group a chance to discuss any significant issues or 
problems encountered. As revisions were made to the Protocol, 
additional testing was performed to ensure the validity of the changes.

C. Testing Conclusions

    After the final testing session, DoD performed a detailed data 
analysis on both the results received from hands-on testing, as well 
extensive modeling analysis. Testing was completed to ensure that there 
was a logical spread across MRS, and that the scores themselves were 
logical for each MRS. Modeling was conducted as a final step to analyze 
the logic in the scorings and weightings. Upon completion of the 
analysis, the DoD work group discussed the results and made the 
necessary modifications.
    DoD is confident that the testing conducted indicated the Protocol 
provides a useful tool for prioritizing MRS. The testing and the 
comments received from stakeholders were critical in assisting DoD with 
developing this proposal.

[[Page 50924]]

XI. Determination of Site Sequencing

    DoD believes that the sequencing of MRS for implementation of 
response actions should be based primarily on the relative priority 
assigned by the Protocol, but may also consider other factors. This 
approach to decision making is embodied in the current Management 
Guidance and grew out of the recommendations of the Federal Facilities 
Environmental Restoration Dialogue Committee (FFERDC). One of the main 
issues the Committee considered was need to set priorities due to the 
magnitude of the challenge of environmental restoration at Federal 
facilities. The Committee believed that priority setting and funding 
allocation must be done in a manner that stakeholders perceive fair and 
inclusive. The Committee developed consensus policy recommendations 
aimed at improving the process by which Federal facility environmental 
restoration decisions are made, such that these decisions reflect the 
priorities and concerns of all stakeholders. In the area of 
consideration of human health and environmental risk and other factors 
in Federal facility environmental restoration decision making, the 
Committee made the following recommendation:
    Risk to human health and the environment is an important and 
well-established factor that should continue to be a primary 
consideration in Federal facility cleanup decision making, including 
setting environmental cleanup priorities and milestones. However:
    (a) Human health and environmental risk assessments and other 
analytical tools used to evaluate risks to human health (including 
non-cancer as well as cancer health effects) and the environment all 
have scientific limitations and require assumptions in their 
development. As decision-aiding tools, risk assessments should only 
be used in a manner that recognizes those limitations and 
assumptions. Moreover, risk assessments ought not be used by any 
party as a basis for unilaterally setting aside legal requirements 
that embody public health principles and other important societal 
values.
    (b) In addition to human health and environmental risk, other 
factors that warrant consideration in setting environmental cleanup 
priorities and milestones include:
    [sbull] Cultural, social, and economic factors, including 
environmental justice considerations,
    [sbull] Short-term and long-term ecological effects and 
environmental impacts in general, including damage to natural 
resources and lost use,
    [sbull] Making land available for other uses,
    [sbull] Acceptability of the action to regulators, Tribes, and 
public stakeholders,
    [sbull] Statutory requirements and legal agreements,
    [sbull] Life cycle costs,
    [sbull] Pragmatic considerations, such as the ability to execute 
cleanup projects in a given year, and the feasibility of carrying 
out the activity in relation to other activities at the facility,
    [sbull] Overall cost and effectiveness of a proposed activity, 
and
    [sbull] Actual and anticipated funding availability.

    The sequencing process described in this regulation builds on DoD's 
experience in implementing the FFERDC recommendations over the past 10 
years. In addition, DoD received comments from a wide range of 
stakeholders supporting a decision making process that considers other 
factors in making sequencing decisions.
    Generally, MRS that present a greater relative risk to human 
health, safety, or the environment will be addressed before MRS that 
present a lesser risk; however, in evaluating other factors as part of 
making sequencing decisions, DoD will consider a broad range of 
factors. These ``risk-plus'' or ``other management'' factors do not 
influence or change the prioritization results but may influence the 
sequence in which MRS are addressed. Specific examples of factors DoD 
may consider include:
    [sbull] Concerns expressed by stakeholders.
    [sbull] Cultural and social factors.
    [sbull] Economic factors, including economic considerations 
pertaining to environmental justice issues, economies of scale, 
evaluation of total lifecycle costs, and estimated valuations of long-
term liabilities.
    [sbull] The reasonably anticipated future land use, especially when 
planning response actions, conducting evaluations of response 
alternatives, or establishing specific response action objectives.
    [sbull] Community reuse requirements at BRAC installations.
    [sbull] Implementation and execution considerations (e.g., funding 
availability; the availability of the necessary equipment and people to 
implement a particular action; examination of alternatives to responses 
that entail significant capital investments, a lengthy period of 
operation, or costly maintenance; considering alternatives to removal 
or treatment of contamination when existing technology cannot achieve 
established standards, such as maximum contaminant levels.
    [sbull] The availability of technology to detect, discriminate, 
recover, and destroy UXO or DMM.
    [sbull] Implementing standing commitments including those in formal 
agreements with regulatory agencies, requirements for continuation of 
remedial action operations until response objectives are met, other 
long-term management activities, and program administration.
    [sbull] Tribal trust lands, which are lands held in trust by the 
United States for the benefit of any Indian Tribe or individual. The 
United States holds the legal title to the land and the Tribe holds the 
beneficial interest.
    [sbull] Established program goals and initiatives.
    [sbull] Short-term and long-term ecological effects and 
environmental impacts in general, including injuries to natural 
resources.
    DoD uses its process for developing and updating Management Action 
Plans (MAP) or an equivalent document as the vehicle for making 
sequencing decisions. Each installation or FUDS is required to develop 
and maintain a MAP or its equivalent. MAPs are required to be updated 
on at least an annual basis. Guidance on preparing and updating the MAP 
is provided in the Management Guidance. Sequencing decisions at 
installations and FUDS are developed with input from stakeholders, such 
as the regulatory and community members of an installation's RAB, and 
are documented in the MAP.
    During the annual update of the MAP, installation or FUDS personnel 
will be required to publish an announcement in a local community 
publication notifying the public of the following:
    (1) The existence of MRS, including a brief description of each MRS 
addressed, the conditions, and assigned priority,
    (2) The intention to develop or update the MAP for the MRS,
    (3) The intention to apply the Protocol to each MRS,
    (4) The specific means the public or Tribes can use to submit 
information about each MRS that may influence the priority assigned or 
the funding sequence assigned, and
    (5) The name and contact information for the designated DoD 
spokesperson for each MRS.
    Final sequencing may also be impacted by DoD Component program 
management considerations. If the sequencing of any MRS is changed from 
the sequencing reflected in the current MAP, the DoD Component will 
provide information to the stakeholders documenting the reasons for the 
sequencing change and will request their review and comment on that 
decision.
    In addition, DoD Components will ensure that all information 
influencing the sequencing of an MRS is included in the Administrative 
Record and the Information Repository. On a

[[Page 50925]]

programmatic level, DoD Components will report the results of 
sequencing to the ODUSD (I&E).

XII. Consultation

    The provisions of 10 U.S.C. 2710 required the DoD to develop this 
proposed Protocol in consultation with States and Tribes. DoD has 
followed Congress' direction, specifically working with States, Tribes, 
and other interested stakeholders throughout the development process. 
DoD appreciates the involvement and contributions of these stakeholders 
in the development process. Many of the comments received were 
incorporated into the Protocol. Some of the actions DoD took include:
    A. Advanced Notice of Proposed Rulemaking. On March 20, 2002, DoD 
published an Advanced Notice of Proposed Rulemaking in the Federal 
Register to inform stakeholders of DoD's efforts to develop a tool for 
prioritizing MRS and to request suggestions on current prioritizing 
methods in use and factors to consider in developing the Protocol. DoD 
has reviewed all comments received and has considered them in its 
development of the Protocol.
    B. DENIX Web site. Beginning in March 2002, DoD established a 
Website specific to the Protocol development effort on the Defense 
Environmental Network & Information eXchange. DoD provided information 
on the Protocol regarding background and status of development efforts 
as well as an opportunity for stakeholders to submit comments 
electronically.
    C. Consultation with other Federal Agencies. In December 2002 and 
February 2003, ODUSD (I&E) personnel met with representatives from the 
U.S. Department of Agriculture, U.S. Department of Interior, and EPA to 
discuss their concerns and comments on the Protocol.

D. Consultation With States

    (1) Formal Notice for Protocol Development. Although DoD discussed 
the Protocol with State representatives at meetings of various 
organizations, the Deputy Under Secretary of Defense (Environment) 
(ADUSD(E)) sent a letter to the head (e.g., Secretary, Commissioner, 
Director) of the environmental agency for each State and U.S. territory 
providing notification and background on the Protocol development 
effort and requesting a point of contact for future correspondence. DoD 
received formal responses from 15 States and territories. DoD 
considered all submitted comments during its development of the 
Protocol.
    (2) State Meeting. To facilitate State involvement in the 
development of the Protocol, in November 2002 and February 2003, DoD 
invited representatives from the 50 States and U.S. territories to 
attend a meeting to discuss State concerns. Participants reviewed the 
Protocol and discussed their comments with representatives from the 
ODUSD (I&E)) and DoD Components.
    (3) Munitions Response Committee. DoD established the Munitions 
Response Committee (MRC) to coordinate, identify and synchronize 
efforts among DoD, other Federal agencies, the States, and Tribes to 
ensure munitions responses at locations on other than operational 
ranges are conducted in a manner that protects public health and the 
environment while allowing the military to fulfill its mission. DoD 
worked with the Association of State and Territorial Solid Waste 
Management Officials (ASTSWMO) and National Association of Attorneys 
General (NAAG) to determine how best to achieve representation of State 
interests and concerns on the MRC. Delegates from the ASTSWMO Board of 
Directors and Committees served as representatives expressing potential 
State concerns in managing activities at MRS. DoD also engaged the 
National Congress of American Indians (NCAI) to participate in the MRC. 
DoD discussed its Protocol development efforts with the MRC at meetings 
held in March, May, July, and November 2002, as well as through 
numerous teleconferences. The July meeting was conducted in conjunction 
with the annual Defense and State Memorandum of Agreement Conference.
    (4) ASTSWMO. In addition to coordination with the Association of 
State and Territorial Solid Waste Management Officials (ASTSWMO) 
through the MRC, DoD also sought to engage ASTSWMO members directly. In 
October 2002 and April 2003, DoD representatives participated in 
ASTSWMO's annual meeting--presenting a brief update at a breakout 
session and individually discussing the Protocol with members.

E. Consultation With Tribes

    DoD is committed to working with Tribes on a government-to-
government basis in recognition of their sovereignty and in a 
continuing effort to implement the 1998 DoD American Indian and Alaska 
Native Policy. In recognition of this commitment and policy and to 
fulfill congressional requirements, DoD consulted with Tribes 
throughout the development of the Protocol.
    (1) Formal Notice for Protocol Development. In April 2002, the 
ADUSD(E) sent a letter to each Tribal leader of the 586 Federally-
recognized Tribes notifying them of the effort to develop the Protocol 
to prioritize MRS known or suspected to have UXO, DMM, or MC, inviting 
them to participate in the effort, and requesting of them any 
information regarding the presence of UXO, DMM, or MC on their lands.
    (2) National Tribal Conference on Environmental Management. In June 
2002, DoD participated in the 6th National Tribal Conference on 
Environmental Management. DoD representatives briefed interested 
conference attendees on the background and develop of the Protocol and 
requested comments and factors to consider in its development. DoD 
asked several interested Tribal members to participate in a subsequent 
MRC meeting.
    (3) Tribal Consultation Meetings. In September 2002 and April 2003, 
DoD hosted meetings specifically for Tribes whose lands may be impacted 
by UXO, DMM, or MC. The meeting was intended to ensure that DoD fully 
considers concerns specific to Tribes in the Protocol. DoD briefed the 
Tribal participants on the status of the development efforts and 
discussed their comments and concerns.
    (4) National Congress of American Indians. In November 2002, DoD 
attended the 59th Annual Session of the National Congress of American 
Indians. DoD briefed conference participants in a breakout session on 
the draft Protocol construct and requested participants to provide 
their comments and concerns.
    (5) Native American Lands Environmental Mitigation Program Meeting. 
DoD provided materials for distribution to interested Tribal members at 
the annual meeting of the Native American Lands Environmental 
Mitigation Program in November of 2002 in Juneau, Alaska.

F. DoD Response to Preliminary Comments

    In developing this Protocol, DoD actively solicited ideas from 
interested stakeholders on the scope, structure, and specific features 
of a Protocol for prioritizing MRS. In addition to the Federal Register 
notice announcing development of the Protocol and requesting input from 
interested parties, DoD set up a Web site where parties could submit 
comments and ideas. DoD also actively sought ideas in numerous meetings 
with other Federal agencies, States, Tribes, and the public.
    DoD was pleased with the response to its request for ideas, having 
received comments and ideas from other Federal agencies, States, 
Tribes, and members of

[[Page 50926]]

the public. The comments and ideas received were in five general areas, 
including:
    [sbull] Definitions. Most of these comments and ideas submitted 
addressed recommendations that would provide greater clarity in the 
definitions.
    [sbull] Factors or Data Elements. Most of these comments and ideas 
addressed the need for a specific data element that the commenter 
thought should be included in the Protocol. Other comments addressed 
the scores for each of the data elements and factors included in one of 
the deliberative drafts provided to stakeholders during the development 
process.
    [sbull] Policy. In general, the comments and ideas in this area 
related to questions or recommendations related to the scope and 
application of the Protocol.
    [sbull] Other Protocols. These comments and ideas focused primarily 
on other Protocols or tools that DoD should evaluate for their utility 
as a prioritization tool. Other comments addressed specific features 
(e.g., data elements) of other tools that the commenter thought DoD 
should consider in developing this Protocol.
    [sbull] Other Issues. The comments and ideas in this area were 
unrelated to the development of this Protocol. Examples include 
comments regarding the inventory of MRS required under 10 U.S.C. 
2710(a) and funding policy.
    DoD carefully reviewed and considered each of the comments 
submitted. The value of these comments and ideas is shown by the fact 
that this Protocol incorporates many of the ideas provided by 
interested parties. DoD would like to express its gratitude to all who 
gave of their time and effort by submitting comments and ideas. To 
ensure that DoD did consider each of the comments or ideas submitted, a 
matrix was developed, each comment tracked, and DoD's response to the 
comment documented. A summary of the comments and DoD's responses can 
be found at http://www.denix.mil/MMRP_Protocol/comments.html.

XIII. Notice of Proposed Rulemaking

    DoD now solicits comments from the public on this Protocol. In 
particular, DoD seeks comment on the form and workability of the 
Protocol, the data elements considered in each module, the factors 
considered in each module, the rating system for each module, the 
weight afforded to each module in determining its evaluation hazard 
score, and the rating system for each MRS priority.

XIV. Summary

    The Protocol developed by DoD in consultation with States and 
Tribes is proposed for public comment for subsequent codification in 
the Code of Federal Regulations. DoD developed the Protocol to meet the 
requirements set out in the 10 U.S.C. 2710 to consider and assign 
relative priorities to MRS based on environmental and explosive 
hazards. These hazards are evaluated in three areas:
    [sbull] The explosive hazards posed by any UXO or DMM present at 
the MRS,
    [sbull] The hazards posed by any CWM present at the MRS, and
    [sbull] The health and environmental hazards posed by any MC at the 
MRS.
    The priority assigned to each MRS, as well as the ratings of each 
of the three hazard evaluation modules (i.e., Explosive Hazard 
Evaluation, Chemical Warfare Materiel Hazard Evaluation, and Relative 
Risk Site Evaluation) will be reported in an inventory.

XV. Administrative Requirements

A. Regulatory Impact Analysis Under Executive Order 12866

    Executive Order 12866, (58 FR 51735 (October 4, 1993)) requires 
each Agency taking regulatory action to determine whether that action 
is ``significant.'' The Agency must submit any regulatory actions that 
qualify as ``significant'' to the Office of Management and Budget (OMB) 
for review, assess the costs and benefits anticipated as a result of 
the proposed action, and otherwise ensure that the action meets the 
requirements of the Executive Order. The Order defines ``significant 
regulatory action'' as one that is likely to result in a rule that may: 
(1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities; (2) create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in the Executive 
Order.
    DoD has determined that today's Protocol is not a significant rule 
under Executive Order 12866 because it is not likely to result in a 
rule that will meet any of the four prerequisites.
    (1) The Protocol will not have an annual effect on the economy of 
$100 million or more or adversely affect in a material way the economy, 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or Tribal 
governments or communities.
    The primary effect on the economy will be the necessity for State 
and/or local governments to conduct oversight of the environmental 
restoration activities. The Department of Defense has determined it 
would not place a burden in excess of $100 million each year on State, 
local, and Tribal governments from implementing the Protocol.
    In completing (in FY02) the initial inventory of MRS known or 
suspected to contain UXO, DMM, or MC, the DoD Components identified 
2,307 MRS. The current estimate of the costs of munitions responses is 
in excess of $11.5 billion, which will be expended over many years. 
Although this is a significant expenditure, the proposed rule will not 
increase or decrease response costs, it will only prioritize the 
response effort among sites.
    In determining the total burden placed on State oversight as a 
result of applying the Protocol at these MRS, a number of specific 
oversight steps are assumed. Assumptions regarding individual steps in 
Protocol application and the estimated time necessary to complete each 
step were based on experience gained during Protocol testing as well as 
DoD's experience in the application of other priority-setting models, 
such as the Risk Assessment Code (RAC) applied to FUDS and BRAC 
installations, the Range Rule Risk Methodology (R3M) used to screen 
explosives hazards, as well as other models. In addition, DoD has 
developed a significant body of experience in conducting activities 
similar to those required in application of the Protocol during the 
course of its execution of the DERP. DoD estimates that State 
regulators, when applying the Protocol to MRS, will first perform a 
preliminary document review. It is assumed that this step would include 
reviewing the Protocol materials and guidance; reviewing existing site 
background documents, such as USACE Archive Search Reports or State and 
local property records; and preparing materials for a site inspection. 
DoD assumes this step to take between 2 and 8 hours. DoD then assumes 
State regulators would perform a non-invasive site inspection, 
including a site walkthrough and various interviews with personnel 
familiar with the site. DoD assumes an after-action report, detailing 
the findings and results of the site inspection, would then be written

[[Page 50927]]

by the State regulators. For the site inspection, interviews, and after 
action report, DoD estimates this step to require between 3 and 24 
hours. The final step in State oversight of applying the Protocol would 
be for the regulators to meet with DoD personnel to discuss and apply 
the Protocol to MRS using the available information. DoD estimates this 
step would require between 3 and 8 hours. In total, between 8 and 40 
hours would be required for State oversight at each site.
    An average labor cost of $24.25 per hour for oversight is assumed. 
To arrive at this average, DoD assumed an average yearly salary as 
$50,000, with 2,060 business hours per year. For the purposes of this 
estimate, DoD assumes a State would use a three-person team to 
accomplish all requirements of overseeing the application of the 
Protocol within their State. To this end, DoD estimates the approximate 
average per MRS cost for State oversight of administering the Protocol 
is between $194 and $2,910. These low and high site estimates translate 
into an estimated oversight cost of between $340,276 and $10,208,280 
for the entire munitions response site inventory. In addition, since 
DoD reimburses States for the costs incurred as a result of oversight 
through the Defense and State Memorandum of Agreement (DSMOA) program, 
the overall impact to a State is further reduced.
    Otherwise, the Protocol will not adversely affect the economy as a 
whole, any particular sector of the economy, productivity, competition, 
or jobs since the Protocol does not establish any new spending amounts. 
Rather, the Protocol merely provides guidance on allocating funds among 
the MRS.
    The Protocol does not have a direct adverse effect on the 
environment, public health, and safety even though certain sites will 
be designated as a low priority and, as a result, not see response 
activities begin in the near-term. Any adverse effects were either a 
result the actions that caused the UXO, DMM, or MC to be present at the 
site (e.g., use as a range, treatment of waste military munitions, all 
of which pre-date the application of the Protocol) or are the result of 
the munitions response activities that are implemented after the 
application of the Protocol. In the former instance, any effects should 
have been evaluated as part of the decision to undertake the actions. 
In the latter case, munitions response activities are undertaken under 
CERCLA and the NCP. The evaluation of response alternatives under 
CERCLA and the NCP has been determined by the U.S. Department of 
Justice (DOJ) to be the functional equivalent of an assessment under 
the National Environmental Policy Act (NEPA).
    The Protocol also does not have any adverse affect on the economy, 
environment, public health, and/or safety programs of State, local, or 
Tribal governments or communities near a MRS. Again, any adverse 
effects were either a result of the actions that caused the UXO, DMM, 
or MC to be present at the site (e.g., use as a range, treatment of 
waste military munitions, all of which pre-date the application of the 
Protocol) or are the result of the munitions response activities that 
are implemented after the application of the Protocol. With respect to 
impacts occurring as a result of the munitions response at the MRS, 
State, local, or Tribal governments are offered the opportunity to be 
involved in the planning and execution of the munitions response. The 
DoD has estimated that the cost of engaging or overseeing munitions 
response activities is not significant, as that measure is defined by 
Executive Order 12866. Further, DoD believes that the resources 
expended on oversight will be returned in the form of benefits to the 
community through reuse of the property.
    For these reasons, DoD has determined that the Protocol will not 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or Tribal governments or 
communities.
    (2) The Protocol will not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency.
    Implementation of the Protocol will not create a serious 
inconsistency or otherwise interfere with another agency's action 
because DoD has lead authority for administering the DERP under 10 
U.S.C. 2701(a)(1). The DERP statute delineates the responsibilities of 
DoD and authority of EPA to some extent. The DoD is required by 10 
U.S.C. 2701(a)(3) to consult with the EPA in its administration of the 
environmental restoration program. Further, Section 2701(c)(2) of the 
statute gives DoD the responsibility of conducting environmental 
restoration activities on all properties owned or leased by it, except 
those for which EPA has entered into a settlement with a potentially 
responsible party. The Protocol ranking system will not interfere with 
the Hazard Ranking System (HRS) maintained by the EPA because each 
serves its own purpose. EPA uses the HRS to place uncontrolled waste 
sites on the National Priorities List (NPL). EPA does not use the HRS 
to determine the priority in funding EPA remedial response actions. The 
DoD will use the Protocol to rank the risks posed by each site, 
relative to other sites, and may use the Protocol as a basis for 
determining which sites will receive funding. The DoD's use of the 
Protocol generally will not interfere with EPA's use of the HRS. DoD 
action may interfere with EPA action in a situation where EPA decides 
to pursue response action at a site that DoD has designated as a low 
priority. Where this occurs, DoD will cooperate with EPA to the extent 
possible and rely on existing interagency processes to reach agreement 
on site priorities and response actions. Based on the above reasoning, 
DoD has determined that there is minimal potential for inconsistencies 
or interference with action by any other agency.
    (3) The Protocol does not materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs or the rights and 
obligations of recipients thereof.
    The Protocol will not materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs, or the rights and 
obligations of recipients thereof because no entitlements, grants, user 
fees, or loan programs are invoked through prioritization of sites for 
response activities.
    (4) The Protocol will not raise novel legal or policy issues 
arising out of legal mandates, the President's priorities, or the 
principles set forth in the Executive Order.
    Finally, the Protocol does not raise novel legal or policy issues 
arising out of legal mandates, the President's priorities, or the 
principles set forth in the Regulatory Impact Analysis. Congress has 
already established the requirement for environmental restoration of 
MRS and for DoD's development of a Protocol for prioritization of MRS. 
The Protocol is merely a method for DoD to determine a relative 
priority of MRS for response action. DoD has identified no novel legal 
or policy issues that this Protocol will create on either a MRS-
specific basis or overall. Nor has DoD identified any novel legal or 
policy issues arising out of the President's priorities or principles 
set forth in the Regulatory Impact Analysis.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996), requires that an agency conduct a regulatory flexibility 
analysis when

[[Page 50928]]

publishing a notice of rulemaking for any proposed or final rule. The 
regulatory flexibility analysis determines the impact of the rule on 
small entities (i.e., small businesses, small organizations, and small 
governmental jurisdictions). SBREFA amended the Regulatory Flexibility 
Act to require Federal agencies to state the factual basis for 
certifying that a rule will not have a significant economic impact on a 
substantial number of small entities.
    DoD hereby certifies that the Protocol will not have a significant 
economic impact on a substantial number of small entities. The nature 
of the Protocol here provides the factual basis for a determination 
that no regulatory flexibility analysis is required. The Protocol 
merely provides a procedure by which DoD may prioritize MRS for 
remediation. No costs are directly imposed on small entities, nor is 
any action directly required of small entities through this Protocol. 
Because DoD bears the financial responsibility for remediating MRS, and 
the source of its funding is Congress, implementation of the Protocol 
will not directly affect small entities in a financial manner. For the 
foregoing reasons, DoD believes that this proposed rule, if 
promulgated, would not have a significant economic impact on a 
substantial number of small entities.

C. Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, requires Federal agencies to assess the effects of their 
regulatory actions on State, local, and Tribal governments and the 
private sector. Section 202 of the UMRA requires that, prior to 
promulgating proposed and final rules with ``Federal mandates'' that 
may result in expenditures by State, local, and Tribal governments, in 
the aggregate, or by the private sector, of $100 million or more in any 
one year, the Agency must prepare a written statement, including a 
cost-benefit analysis of the rule. Under section 205 of the UMRA, DoD 
must also identify and consider a reasonable number of regulatory 
alternatives to the rule and adopt the least costly, most cost-
effective, or least burdensome alternative that achieves the objectives 
of the rule. Certain exceptions to section 205 exist. For example, when 
the requirements of section 205 are inconsistent with applicable law, 
section 205 does not apply. In addition, an Agency may adopt an 
alternative other than the least costly, most cost-effective, or least 
burdensome in those cases where the Agency publishes with the final 
rule an explanation of why such alternative was not adopted. Section 
203 of the UMRA requires that the Agency develop a small government 
agency plan before establishing any regulatory requirements that may 
significantly or uniquely affect small governments, including Tribal 
governments. The small government agency plan must include procedures 
for notifying potentially affected small governments, providing 
officials of affected small governments with the opportunity for 
meaningful and timely input in the development of regulatory proposals 
with significant Federal intergovernmental mandates, and informing, 
educating, and advising small governments on compliance with the 
regulatory requirements.
    The DoD has determined that this rule does not contain a Federal 
mandate that may result in expenditures of $100 million or more for 
State, local, and Tribal governments in the aggregate, or by the 
private sector in any one year. The term ``Federal mandate'' means any 
provision in statute or regulation or any Federal court ruling that 
imposes ``an enforceable duty'' upon State, local, or Tribal 
governments, and includes any condition of Federal assistance or a duty 
arising from participation in a voluntary Federal program that imposes 
such a duty. The Protocol does not contain a Federal mandate because it 
imposes no enforceable duty upon State, Tribal or local governments. 
DoD is responsible for funding munitions responses and imposes no costs 
on other entities by prioritizing MRS using this Protocol. DoD 
recognizes that the State, local or Tribal government may expend funds 
to conduct oversight of the response activities. The Protocol, however, 
does not require such oversight. To the degree such oversight is 
required, it is required by pre-existing law on which the Protocol has 
no effect.

D. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., 
prohibits a Federal agency from conducting or sponsoring a collection 
of information that requires OMB approval, unless such approval has 
been obtained, and the collection request displays a currently valid 
OMB control number. Nor is any person required to respond to an 
information collection request that has not complied with the PRA. The 
term ``collection of information'' includes collection of information 
from ten or more persons. The DoD has determined that the PRA does not 
apply to this regulatory action because, although DoD will collect 
information on the MRS, it will not use people who are not agency 
personnel as the source of such information. Therefore, the PRA does 
not apply to this Protocol.

E. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272 
note), directs Federal agencies to use voluntary consensus for 
technical standards in its regulatory activities, except in those cases 
in which using such standards would be inconsistent with applicable law 
or otherwise impractical. ``Technical standards'' means performance-
based or design-specific technical specifications and related 
management systems practices. Voluntary consensus means that the 
technical standards are developed or adopted by voluntary consensus 
standards organizations. In those cases in which a Federal agency does 
not use voluntary consensus standards that are available and 
applicable, the agency must provide OMB with an explanation.
    Proposal of this Protocol does not involve performance-based or 
design-specific technical specifications or related management systems 
practices. The values for relative risk used in the Relative Risk Site 
Evaluation module, to the extent they qualify as technical standards, 
were formed through consensus. The Protocol is therefore in compliance 
with the NTTAA.

F. Executive Order 12898: Environmental Justice

    Under Executive Order 12898, ``Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations,'' a Federal agency must, where practicable and 
appropriate, collect, maintain, and analyze information assessing and 
comparing environmental and human health risks borne by populations 
identified by race, national origin, or income. To the extent practical 
and appropriate, Federal agencies must then use this information to 
determine whether their activities have disproportionately high and 
adverse human health or environmental effects on minority populations 
and low-income populations.
    DoD believes that implementation of this Protocol will address 
environmental justice concerns in several ways. First, the Protocol 
will address environmental justice by ensuring that prioritization is 
based primarily on risk to the human health and environment of all 
populations. The DoD recognizes that prioritization of MRS for response 
action could result a

[[Page 50929]]

low-priority designation for some MRS located in low-income or minority 
neighborhoods. Under the risk-based approach, however, such 
prioritization would result in environmental injustice only if low-
income and minority populations were disproportionately located near 
low-risk MRS. If this is, in fact, the case, DoD will reassess its 
Protocol once an initial ranking is conducted. Second, DoD has reserved 
a step in the Protocol for consideration of environmental justice 
concerns, having supplemented the risk-based prioritization decision 
with consideration of whether low-income or minority populations are 
near the MRS. Third, because the Protocol will provide DoD with an 
established method for choosing which MRS to address first, it will 
ensure uniformity among decisions and eliminate the potential for 
intentional discrimination against low-income and minority populations. 
Finally, DoD's engagement with various stakeholders, most notably 
Native American governments, in developing the Protocol, has helped to 
build consideration of environmental justice concerns into the 
Protocol.
    DoD plans to continue to study the environmental justice effects 
once the Protocol is implemented. Until that time, no data exists 
regarding whether low-income and minority populations live near high-
risk MRS as opposed to low-risk MRS. As such, there is currently no way 
of determining whether generally focusing response efforts first at 
those MRS that pose a relatively higher risk will in any way adversely 
affect these segments of the population. DoD decided to include 
environmental justice considerations in the body of the Protocol as a 
precautionary measure, but will examine the effect of the Protocol on 
low-income and minority populations once DoD has implemented it and has 
data from which to draw.
    At this time, DoD believes that no action will directly result from 
the proposed rule that will have a disproportionately high and adverse 
human health and environmental effect on any segment of the population. 
DoD will examine, however, the effects of implementation to ensure that 
no disproportionately high and adverse human health or environmental 
effect occurs.

G. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), establishes certain requirements for Federal agencies 
issuing regulations, legislative comments, proposed legislation, or 
other policy statements or actions that have ``Federal implications.'' 
Under the Executive Order, any of these agency documents or actions 
have ``Federal implications'' when they have ``substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.'' Section 6 of 
the Executive Order prohibits any agency from issuing a regulation that 
has Federal implications, imposes substantial direct compliance costs 
on State and local governments, and is not required by statute. Such a 
regulation may only be issued if the Federal government provides the 
funds necessary to pay the direct compliance costs incurred by State 
and local governments, or the agency consults with State and local 
officials early in the process of developing the proposed regulation. 
Further, a Federal agency may issue a regulation that has Federalism 
implications and preempts State law only if the agency consults with 
State and local officials early in the process of developing the 
proposed regulation.
    This proposed rule does not have Federalism implications because it 
will not have substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. The statute authorizing DoD's environmental restoration 
program, 10 U.S.C. 2701, clearly defines the role and responsibilities 
of DoD with respect to State and local governments. The role and 
primary responsibility of DoD is to implement an appropriate 
environmental restoration program at MRS. The DoD funds environmental 
restoration activities and does not directly affect States in any 
manner. The only potential dispute regarding distribution of power may 
arise where the State attempts to require DoD to remediate its property 
under a State hazardous waste law, and DoD has not ranked the MRS as a 
high priority or allocated funding for environmental restoration of the 
MRS. Such a situation, however, would be dealt with per established 
legal principles regarding the relationship of States to the Federal 
government. The Protocol does not alter this relationship. 
Additionally, it would not be appropriate for this proposed rule to 
attempt to assign roles to DoD or any State because such assignment of 
roles is outside the scope of the statutory mandate. The Protocol does 
not impose direct compliance costs on State or local governments 
because DoD funds environmental restoration activities. Nevertheless, 
DoD consulted with State and local officials throughout development of 
this Protocol. Finally, development of a Protocol for prioritizing 
action at MRS was specifically required by statute. The requirements of 
section 6 of the Executive Order therefore do not apply to this rule.

List of Subjects in 32 CFR Part 179

    Government property; Military personnel; Hazardous substances; 
Environmental protection.

    Accordingly, 32 CFR part 179 is proposed to be added to Chapter 1, 
Subchapter H to read as follows:

PART 179--MUNITIONS RESPONSE SITE PRIORITIZATION PROTOCOL

Sec.
179.1 Purpose.
179.2 Applicability and scope.
179.3 Definitions.
179.4 Policy.
179.5 Responsibilities.
179.6 Procedures.
179.7 Sequencing.

Appendix A to 32 CFR part 179--Tables of the Munitions Response Site 
Prioritization Protocol

    Authority: 10 U.S.C. 2710 et seq.


Sec.  179.1  Purpose.

    The Department of Defense (DoD) is adopting this Munitions Response 
Site Prioritization Protocol (hereinafter referred to as the 
``Protocol'') under the authority of 10 U.S.C. 2710. Provisions of 10 
U.S.C. 2710 require that DoD assign to each munitions response site in 
the inventory required by 10 U.S.C. 2710(a) a relative priority for 
response activities based on the overall conditions at each location 
and taking into consideration various factors related to safety and 
environmental hazards.


Sec.  179.2  Applicability and scope.

    (a) This part applies to the Office of the Secretary of Defense, 
the Military Departments, the Defense Agencies and the DoD Field 
Activities, and any other DoD organizational entity or instrumentality 
established to perform a government function (hereafter referred to 
collectively as the ``DoD Components'').
    (b) This part and the Protocol described herein shall be applied at 
all locations:
    (1) That are, or were, owned by, leased to, or otherwise possessed 
or used by the DoD, and
    (2) That are known to, or suspected of, containing unexploded 
ordnance

[[Page 50930]]

(UXO), discarded military munitions (DMM), or munitions constituents 
(MC), and
    (3) That are included in the inventory established pursuant to 10 
U.S.C. 2710(a).
    (c) This part and the Protocol described herein shall not be 
applied at the locations not included in the inventory required under 
10 U.S.C. 2710(a). The locations not included in the inventory are:
    (1) Locations that are not, or were not, owned by, leased to, or 
otherwise possessed or used by the DoD,
    (2) Locations not known to, or suspected of, containing UXO, DMM, 
or MC,
    (3) Locations outside the United States,
    (4) Locations where the presence of military munitions resulted 
solely from combat operations,
    (5) Operating military munitions storage and manufacturing 
facilities,
    (6) Locations that are used for, or were permitted for, the 
treatment or disposal of military munitions, and
    (7) Operational ranges.


Sec.  179.3  Definitions.

    This part includes definitions for many terms that clarify its 
scope and applicability. Many of the terms relevant to this part are 
already defined, either in 10 U.S.C. 2710(e) or the Code of Federal 
Regulations. Where this is the case, the statutory and regulatory 
definitions are repeated here strictly for ease of reference. Unless 
used elsewhere in the U.S. Code or the Code of Federal Regulations, 
these terms are defined only for purposes of this part.
    Barrier means a natural obstacle or obstacles (e.g., difficult 
terrain, dense vegetation, deep or fast moving water), a man-made 
obstacle or obstacles (e.g., fencing), and combinations of natural and 
man-made obstacles.
    Chemical warfare agents (CWA) means the V- and G-series nerve 
agents, H-series (i.e., ``mustard'' agents) and L (i.e., lewisite) 
blister agents, and certain industrial chemicals used by the military 
as weapons, including hydrogen cyanide (AC), cyanogen chloride (CK), or 
carbonyl dichloride (called phosgene or CG). CWA does not include riot 
control agents (e.g., w-chloroacetophenone (CN) and o-
chlorobenzylidenemalononitrile (CS) tear gas), chemical herbicides, 
smoke or incendiary compounds, and industrial chemicals that are not 
configured as a military munition.
    Chemical Warfare Material (CWM) is a general term that is comprised 
of four subcategories of specific materials:
    (1) CWM, explosively configured are all munitions that contain a 
CWA fill and any explosive component. Examples are M55 rockets with 
CWA, the M23 VX mine, and the M360 105-mm GB artillery cartridge.
    (2) CWM, nonexplosively configured are all munitions that contain a 
CWA fill but that do not contain any explosive components. Examples are 
any chemical munition that does not contain an explosive components and 
VX or mustard agent spray canisters.
    (3) CWM, bulk container are all non-munitions-configured containers 
of CWA (e.g., a ton container).
    (4) Chemical agent identification sets (CAIS) are military training 
aids containing small quantities of various CWA and other chemicals. 
All forms of CAIS are scored the same in this Protocol, except CAIS 
K941, toxic gas set M-1; and K942, toxic gas set M-2/E11, which are 
scored higher due to the relatively large quantities of agent they 
contain.
    Defense site means locations that are or were owned by, leased to, 
or otherwise possessed or used by the Department of Defense. The term 
does not include any operational range, operating storage or 
manufacturing facility, or facility that is used for or was permitted 
for the treatment or disposal of military munitions. (10 U.S.C. 
2710(e)(1))
    Department of Defense (DoD) Components means the Office of the 
Secretary of Defense, the Military Departments, the Defense Agencies, 
the DoD Field Activities, and any other DoD organizational entity or 
instrumentality established to perform a government function.
    Discarded military munitions (DMM) means military munitions that 
have been abandoned without proper disposal or removed from storage in 
a military magazine or other storage area for the purpose of disposal. 
The term does not include unexploded ordnance, military munitions that 
are being held for future use or planned disposal, or military 
munitions that have been properly disposed of, consistent with 
applicable environmental laws and regulations. (10 U.S.C. 2710(e)(2))
    Military munitions means all ammunition products and components 
produced for or used by the armed forces for national defense and 
security, including ammunition products or components under the control 
of the Department of Defense, the Coast Guard, the Department of 
Energy, and the National Guard. The term includes confined gaseous, 
liquid, and solid propellants, explosives, pyrotechnics, chemical and 
riot control agents, smokes, and incendiaries, including bulk 
explosives and chemical warfare agents, chemical munitions, rockets, 
guided and ballistic missiles, bombs, warheads, mortar rounds, 
artillery ammunition, small arms ammunition, grenades, mines, 
torpedoes, depth charges, cluster munitions and dispensers, demolition 
charges, and devices and components thereof. The term does not include 
wholly inert items, improvised explosive devices, and nuclear weapons, 
nuclear devices, and nuclear components, except that the term does 
include nonnuclear components of nuclear devices that are managed under 
the nuclear weapons program of the Department of Energy after all 
required sanitization operations under the Atomic Energy Act of 1954 
(42 U.S.C. 2011 et seq.) have been completed. (10 U.S.C. 2710(e)(3) and 
40 CFR 260.10)
    Military range means designated land and water areas set aside, 
managed, and used to research, develop, test, and evaluate military 
munitions, other ordnance, or weapon systems, or to train military 
personnel in their use and handling. Ranges include firing lines and 
positions, maneuver areas, firing lanes, test pads, detonation pads, 
impact areas, and buffer zones with restricted access and exclusionary 
areas. (40 CFR 266.201)
    Munitions constituents means any materials originating from 
unexploded ordnance, discarded military munitions, or other military 
munitions, including explosive and non-explosive materials, and 
emission, degradation, or breakdown elements of such ordnance or 
munitions. (10 U.S.C. 2710(e)(4))
    Munitions response means response actions, including investigation, 
removal actions, and remedial actions, to address the explosives 
safety, human health, or environmental risks presented by unexploded 
ordnance (UXO), discarded military munitions (DMM), or munitions 
constituents (MC).
    Munitions response area (MRA) means any area on a defense site that 
is known or suspected to contain UXO, DMM, or MC. Examples are former 
ranges or munitions burial areas. An MRA is comprised of one or more 
munitions response sites.
    Munitions response site (MRS) means a discrete location within an 
MRA that is known to require a munitions response.
    Operational range means a military range that is used for range 
activities, or a military range that is not currently being used but 
that is still considered by the Secretary to be a range area, is under 
the jurisdiction, custody, or control of the Department of Defense, and 
has not been put to a new use that is

[[Page 50931]]

incompatible with range activities. (10 U.S.C. 2710(e)(5))
    Range activities means research, development, testing, and 
evaluation of military munitions, other ordnance, and weapons systems; 
and the training of military personnel in the use and handling of 
military munitions, other ordnance, and weapons systems.
    Unexploded ordnance (UXO) means military munitions that:
    (1) Have been primed, fuzed, armed, or otherwise prepared for 
action;
    (2) Have been fired, dropped, launched, projected, or placed in 
such a manner as to constitute a hazard to operations, installations, 
personnel, or material; and
    (3) Remain unexploded either by malfunction, design, or any other 
cause. (10 U.S.C. 2710(e)(9) and 40 CFR 266.201)
    United States means, in a geographic sense, the States, 
territories, and possessions and associated navigable waters, 
contiguous zones, and ocean waters of which the natural resources are 
under the exclusive management authority of the United States. (10 
U.S.C. 2710(e)(10))


Sec.  179.4  Policy.

    (a) In assigning a relative priority for response activities, DoD 
generally considers those MRS posing the greatest hazard as having the 
highest priority for action. The priority assigned should be based on 
the overall conditions at each location, taking into consideration 
various factors relating to safety and environmental hazard potential.
    (b) It is DoD policy to ensure that EPA, other Federal agencies (as 
appropriate or required), State regulatory agencies, Native American or 
Alaskan Native Tribes, local restoration advisory boards (RABs) or 
technical review committees (TRCs), and local stakeholders are offered 
opportunities to participate in the application of the Protocol and 
making sequencing decisions.


Sec.  179.5  Responsibilities.

    For the MRS in the inventory required under 10 U.S.C. 2710(a), each 
DoD Component shall:
    (a) Apply the Protocol to each MRS:
    (1) Under its administrative control.
    (2) Within an MRA such that the total acreage of each MRA is 
evaluated.
    (3) When sufficient data are available to populate all the data 
elements within at least one of the three hazard evaluation modules 
that comprise the Protocol.
    (i) In such cases where data are not sufficient to populate one or 
two of the hazard evaluation modules (e.g., there is no constituent 
sampling data for the relative risk site evaluation module), DoD 
Components will assign an MRS priority based on the hazard evaluation 
modules evaluated and reapply the Protocol once sufficient data to run 
the remaining hazard evaluation modules are available.
    (ii) When an MRS comprises the total area of its MRA (i.e., the MRA 
has either not been characterized such that more than one MRS has been 
delineated, or characterization has determined that further delineation 
is not necessary), DoD Components shall apply the Protocol to that MRS 
when sufficient data are available to populate all the data elements 
within at least one of the three hazard evaluation modules. Upon 
further delineation and characterization of the MRA into more than one 
MRS, Components shall reapply the Protocol to all MRS within the MRA.
    (b) Ensure that EPA, other Federal agencies (as appropriate or 
required), State regulatory agencies, Native American or Alaskan Native 
Tribes, local RABs or TRCs, and local community stakeholders are 
offered opportunities as early as possible and throughout the process 
to participate in the application of the Protocol and making sequencing 
decisions.
    (1) To ensure EPA, other Federal agencies, State regulatory 
agencies, Native American and Alaskan Native Tribes, and local 
government officials are aware of the opportunity to participate in the 
initial application of the Protocol, the DoD Component organization 
responsible for implementing a munitions response at the MRS shall send 
a certified letter to the heads of these organizations (or their 
designated point-of-contact), as appropriate, seeking their 
involvement. A copy of these letters will be placed in the 
Administrative Record and Information Repository for the MRS.
    (2) To ensure the local community is aware of the opportunity to 
participate in the initial application of the Protocol, the DoD 
Component organization responsible for implementing a munitions 
response at the MRS shall publish an announcement in a local community 
publication requesting information pertinent to prioritization or 
sequencing decisions.
    (c) Establish a quality assurance panel to review all MRS 
prioritization decisions. This panel will not include any participant 
involved in applying the Protocol to the MRS. If the panel recommends a 
change that results in a different priority, the DoD Component shall 
report, in the inventory data submitted to the Office of the Deputy 
Under Secretary of Defense (Installations & Environment), the rationale 
for this change. The DoD Component shall also provide this rationale to 
the appropriate regulatory agencies and involved stakeholders for 
comment before finalizing the change.
    (d) Following the panel review, submit the results of applying the 
Protocol along with the other inventory data that 10 U.S.C. 2710(c) 
requires be made publicly available, to the ODUSD (I&E). ODUSD (I&E) 
shall publish this information in the Defense Environmental Restoration 
Program Annual Report to Congress for that fiscal year. If sequencing 
decisions result in action at an MRS with a lower MRS priority ahead of 
an MRS with a higher MRS priority, the DoD Component shall provide 
specific justification to ODUSD (I&E).
    (e) Document in a Management Action Plan (MAP) or its equivalent 
all aspects of the munitions responses required at all MRS for which 
that MAP is applicable. DoD guidance requires that MAPs are developed 
and maintained at an installation (or Formerly Used Defense Site (FUDS) 
property) level. For the FUDS program, a State-wide MAP may also be 
developed.
    (f) Sequencing decisions at installations and FUDS shall be 
developed with input from stakeholders, such as the regulatory and 
community members of an installation's RAB or TRC, and be documented in 
the MAP. Final sequencing may be impacted by DoD Component program 
management considerations. If the sequencing of any MRS is changed from 
the sequencing reflected in the current MAP, the DoD Component shall 
provide information to the stakeholders documenting the reasons for the 
sequencing change and shall request their review and comment on that 
decision.
    (g) Ensure that information provided by stakeholders that may 
influence the MRS priority assigned or sequencing decision concerning 
an MRS is included in the Administrative Record and the Information 
Repository.
    (h) Review each MRS priority, at least annually, and update the 
priority as necessary, to reflect new information. Reapplication of the 
Protocol is required under any of the following circumstances:
    (1) Upon completion of a response action that could change site 
conditions evaluated by the hazard evaluation modules at the MRS.
    (2) To update or validate a previous module evaluation at an MRS 
when new information is available.

[[Page 50932]]

    (3) To update or validate an MRS priority that was previously 
assigned based on evaluation of only one or two of the three hazard 
evaluation modules.
    (4) Upon further delineation and characterization of an MRA into 
MRS.
    (5) To categorize any MRS previously classified as ``evaluation 
pending.''


Sec.  179.6  Procedures.

    The Protocol is comprised of the following three hazard evaluation 
modules.
    (a) Explosive Hazard Evaluation (EHE) Module. (1) The EHE module 
provides a single, consistent, DoD-wide approach for the evaluation of 
explosive hazards. This module is used when there is a known or 
suspected presence of an explosive hazard. The EHE module is composed 
of three factors, each of which is comprised of two to four data 
elements that are intended to assess the specific conditions at an MRS. 
These factors are:
    (i) Explosive hazard, which has the data elements Munitions Type 
and Source of Hazard (see Appendix A to this part, Tables 1 and 2) and 
comprises 40 percent of the EHE module score.
    (ii) Accessibility, which has the data elements Location of 
Munitions, Ease of Access, and Status of Property (see Appendix A to 
this part, Tables 3, 4, and 5) and comprises 40 percent of the EHE 
module score.
    (iii) Receptors, which has the data elements Population Density, 
Population Near Hazard, Types of Activities/Structures, and Ecological 
and/or Cultural Resources (see Appendix A to this part, Tables 6, 7, 8, 
and 9) and comprises 20 percent of the EHE module score.
    (2) Based on MRS-specific information, each data element is 
assigned a numeric value, and the sum of these values is the EHE module 
score. The EHE module score results in an MRS being placed into one of 
the following ratings (See Appendix A to this part, Table 10):
    (i) Hazard Evaluation A (Highest) is assigned to MRS with an EHE 
module score of more than 91.
    (ii) Hazard Evaluation B is assigned to MRS with an EHE module 
score between 82 and 91.
    (iii) Hazard Evaluation C is assigned to MRS with an EHE module 
score between 71 and 81.
    (iv) Hazard Evaluation D is assigned to MRS with an EHE module 
score of between 60 and 70.
    (v) Hazard Evaluation E is assigned to MRS with an EHE module score 
of between 48 and 59.
    (vi) Hazard Evaluation F is assigned to MRS with an EHE module 
score between 38 and 47.
    (vii) Hazard Evaluation G (Lowest) is assigned to MRS with an EHE 
module score less than 38.
    (3) There are also three other possible outcomes for the EHE 
module:
    (i) Evaluation pending. This category is used when there are known 
or suspected UXO or DMM, but sufficient information is not available to 
populate the nine data elements of the EHE module.
    (ii) No longer required. This category is reserved for MRS that no 
longer require an assigned priority because DoD has conducted a 
response, all objectives set out in the decision document for the MRS 
have been achieved, and no further action, except for long-term 
management and recurring reviews, is required.
    (iii) No Known or Suspected Explosive Hazard. This rating is 
reserved for MRS that do not require evaluation under the EHE module.
    (4) The EHE module rating shall be considered with the CHE and RRSE 
module ratings to determine the MRS priority.
    (5) MRS lacking information for determining an EHE module rating 
shall be programmed for additional study and evaluated as soon as 
sufficient data are available. Until an EHE module rating is assessed, 
MRS shall be rated as ``evaluation pending'' for the EHE module.
    (b) Chemical Warfare Materiel Hazard Evaluation (CHE) Module. (1) 
The CHE module provides an evaluation of the chemical hazards 
associated with the physiological effects of CWM. The CHE module is 
used only when CWM are known or suspected of being present at an MRS. 
Like the EHE module, the CHE module is comprised of three factors, each 
of which is comprised of two to four data elements that are intended to 
assess the conditions at an MRS.
    (i) The CWM Hazard factor is comprised of two data elements, CWM 
Configuration and Sources of CWM, and constitutes 40 percent of the CHE 
score. (See Appendix A to this part, Tables 11 and 12.)
    (ii) The Accessibility factor focuses on the potential for 
receptors to encounter the CWM known or suspected to be present on an 
MRS. This factor consists of three data elements, Location of CWM, Ease 
of Access, and Status of Property, and constitutes 40 percent of the 
CHE score. (See Appendix A to this part, Tables 13, 14, and 15.)
    (iii) The Receptor factor focuses on the human and ecological 
populations that may be impacted by the presence of CWM. It has the 
data elements Population Density, Population Near Hazard, Types of 
Activities/Structures, and Ecological and/or Cultural Resources and 
constitutes 20 percent of the CHE score. (See Appendix A to this part, 
Tables 16, 17, 18, and 19.)
    (2) Similar to the EHE module, each data element is assigned a 
numeric value, and the sum of these values (i.e., the CHE module score) 
is used to determine the CHE rating (See Appendix A to this part, Table 
20):
    (i) Hazard Evaluation A (Highest) is assigned to MRS with a CHE 
score greater than 91.
    (ii) Hazard Evaluation B is assigned to MRS with a CHE score 
between 82 and 91.
    (iii) Hazard Evaluation C is assigned to MRS with a CHE score 
between 71 and 81.
    (iv) Hazard Evaluation D is assigned to MRS with a CHE score 
between 60 and 70.
    (v) Hazard Evaluation E is assigned to MRS with a CHE score between 
48 and 59.
    (vi) Hazard Evaluation F is assigned to MRS with a CHE score 
between 38 and 47.
    (vii) Hazard Evaluation G (Lowest) is assigned to MRS with a CHE 
score less than 38.
    (3) There are also three other potential outcomes for the CHE 
module:
    (i) Evaluation pending. This category is used when there are known 
or suspected CWM, but sufficient information is not available to 
populate the nine data elements of the CHE module.
    (ii) No longer required. This category is reserved for MRS that no 
longer require an assigned priority because DoD has conducted a 
response, all objectives set out in the decision document for the MRS 
have been achieved, and no further action, except for long-term 
management and recurring reviews, is required.
    (iii) No Known or Suspected CWM Hazard. This category is reserved 
for MRS that do not require evaluation under the CHE module.
    (4) The CHE rating shall be considered with the EHE module and RRSE 
module ratings to determine the MRS priority.
    (5) MRS lacking information for assessing a CHE module rating shall 
be programmed for additional study and evaluated as soon as sufficient 
data are available. Until a CHE module rating is assigned, MRS shall be 
rated as ``evaluation pending'' for the CHE module.
    (c) Relative-Risk Site Evaluation (RRSE). (1) The RRSE, described 
in the Relative-Risk Site Evaluation Primer (Summer 1997, Revised 
Edition) provides a single, consistent DoD-wide

[[Page 50933]]

approach for evaluating the relative risk to human health and the 
environment posed by chemical contamination present at an MRS (the RRSE 
Primer can be found in the publications section at http://www.dtic.mil/envirodod). The RRSE module shall be used for evaluating the potential 
hazards posed by munitions constituents (MC) and other chemical 
contaminants.
    (2) Evaluation of three factors--contaminants present, 
environmental migration pathways, and receptors--applied to four 
media--soil, surface water, groundwater, and sediments--results in the 
placement of MRS into RRSE module ratings of ``high,'' ``medium,'' or 
``low.'' (See Table 21 of Appendix A to this part.)
    (3) The RRSE module rating shall be considered with the EHE and CHE 
module ratings to determine the MRS priority.
    (4) There are also two other potential outcomes for the RRSE 
module:
    (i) Evaluation pending. This category is used when there are known 
or suspected MC or chemical contaminants, but sufficient information is 
not available to determine the RRSE module rating.
    (ii) No longer required. This category is reserved for MRS that no 
longer require an assigned MRS priority because DoD has conducted a 
response, all objectives set out in the decision document for the MRS 
have been achieved, and no further action, except for long-term 
management and recurring reviews, is required.
    (iii) MRS lacking information sufficient for assessing an RRSE 
module rating shall be programmed for additional study and evaluated as 
soon as sufficient data are available. Until an RRSE module rating is 
assigned, MRS shall be classified as ``evaluation pending'' for the 
RRSE module.
    (d) Determining the MRS Priority. (1) An MRS priority is determined 
based on the ratings from the EHE, CHE, and RRSE modules (see Appendix 
A to this part, Table 22). Until all three hazard evaluation modules 
have been evaluated, the MRS priority shall be based on the results of 
the modules completed.
    (2) Each MRS is assigned to one of eight MRS priorities based on 
the ratings of the three hazard evaluation modules, where Priority 1 
indicates the highest potential hazard and Priority 8 the lowest 
potential hazard. Under the Protocol, only MRS with CWM can be assigned 
to Priority 1 and no MRS with CWM can be assigned to Priority 8.
    (3) Where there is insufficient information to assess any of the 
three hazard evaluation modules, MRS shall receive an ``evaluation 
pending'' rating for that module. DoD shall develop program metrics 
focused on reducing the number of MRS with a status of ``evaluating 
pending'' for any of the three modules.
    (4) A ``prioritization not required'' rating is used to indicate 
that a MRS no longer requires prioritization. This designation is used 
only when all three hazard evaluation modules are rated as ``no longer 
required'' or ``no known or suspected explosive hazard'' or ``no known 
or suspected CWM hazard.''


Sec.  179.7  Sequencing.

    (a) Sequencing considerations. The sequencing of MRS for action 
shall be based primarily on the MRS priority determined through 
applying the Protocol. Generally, MRS that present a greater relative 
hazard to human health, safety, or the environment will be addressed 
before MRS that present a lesser relative hazard. Other factors, 
however, may warrant consideration when determining the sequencing for 
specific MRS. In evaluating other factors in its sequencing decisions, 
DoD will consider a broad range of issues. These ``risk-plus'' or 
``other'' factors do not influence or change the MRS priority but may 
influence the sequencing for action. Examples of factors that DoD may 
consider are:
    (1) Concerns expressed by stakeholders
    (2) Cultural and social factors
    (3) Economic factors, including economic considerations pertaining 
to environmental justice issues, economies of scale, evaluation of 
total lifecycle costs, and estimated valuations of long-term 
liabilities
    (4) The findings of health, safety, or ecological risk assessments 
or evaluations based on MRS-specific data
    (5) The reasonably anticipated future land use, especially when 
planning response actions, conducting evaluations of response 
alternatives, or establishing specific response action objectives
    (6) Community reuse requirements at BRAC installations
    (7) Tribal trust lands, which are lands held in trust by the United 
States for the benefit of any Indian Tribe or individual. The United 
States holds the legal title to the land and the Tribe holds the 
beneficial interest.
    (8) Implementation and execution considerations (e.g., funding 
availability; the availability of the necessary equipment and people to 
implement a particular action; examination of alternatives to responses 
that entail significant capital investments, a lengthy period of 
operation, or costly maintenance; considering alternatives to removal 
or treatment of contamination when existing technology cannot achieve 
established standards (e.g., maximum contaminant levels)
    (9) For responses to address UXO or DMM, the availability of 
technology to detect, discriminate, recover, and destroy the UXO or DMM
    (10) Implementing standing commitments including those in formal 
agreements with regulatory agencies, requirements for continuation of 
remedial action operations until response objectives are met, other 
long-term management activities, and program administration
    (11) Established program goals and initiatives
    (12) Short-term and long-term ecological effects and environmental 
impacts in general, including injuries to natural resources.
    (b) Procedures and documentation for sequencing decisions. (1) Each 
installation or FUDS is required to develop and maintain a MAP or its 
equivalent. Sequencing decisions, which will be documented in the MAP, 
at installations and FUDS shall be developed with input from 
stakeholders, such as the regulatory and community members of an 
installation's RAB or TRC. If the sequencing of an MRS is changed from 
the sequencing reflected in the current MAP, information documenting 
the reasons for the sequencing change will be provided for inclusion in 
the MAP. Notice of the change in the sequencing shall be provided to 
those stakeholders that provided input to the sequencing process.
    (2) In addition to the information on prioritization, DoD 
Components shall ensure that information provided by stakeholders that 
may influence the sequencing of a MRS is included in the Administrative 
Record and the Information Repository.
    (3) DoD Components shall report the results of sequencing to ODUSD 
(I&E) (or successor organizations). ODUSD (I&E) shall compile the 
sequencing results reported by each DoD Component and publish the 
sequencing in the Defense Environmental Restoration Program Annual 
Report to Congress. If sequencing decisions result in action at an MRS 
with a lower MRS priority ahead of MRS with a higher priority, specific 
justification shall be provided to ODUSD (I&E).

[[Page 50934]]

Appendix A to 32 CFR Part 179--Tables of the Munitions Response Site 
Prioritization Protocol

    The tables in this Appendix are solely for use in implementing 
32 CFR part 179.

   Table 1.--Classifications Within the EHE Module Munitions Type Data
                                 Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
Sensitive:
    All UXO that are considered likely to function upon any           30
     interaction with exposed persons (i.e., submunitions,
     cluster munitions, 40mm high-explosive grenades, white
     phosphorus (WP) munitions (including practice munitions
     with sensitive fuzes, but excluding all other practice
     munitions), and high explosive anti-tank (HEAT) munitions..
    All hand grenades containing an explosive filler............      30
High explosive (used or damaged):
    All UXO containing a high-explosive filler (e.g., RDX,            25
     Composition B) that are not considered ``sensitive''.......
    All DMM containing a high-explosive filler that have been         25
     damaged by burning or detonation...........................
    All DMM containing a high-explosive filler that have              25
     deteriorated to the point of instability...................
Pyrotechnic:
    All UXO containing pyrotechnic fillers other than white           20
     phosphorous (e.g., flares, signals, simulators, smoke
     grenades)..................................................
    All DMM containing pyrotechnic fillers other than white           20
     phosphorous (e.g., flares, signals, simulators, smoke
     grenades) that have been damaged by burning or detonation
     or that have deteriorated to the point of instability......
High explosive (unused):
    All DMM containing a high-explosive filler that have not          15
     been damaged by burning or detonation......................
    All DMM containing a high explosive filler that are not           15
     deteriorated to the point of instability...................
Propellant:
    All UXO containing only a single-, double-, or triple-based       15
     propellant, or composite propellants (e.g., a rocket motor)
    All DMM containing only a single-, double-, or triple-based       15
     propellant, or composite propellants (e.g., a rocket motor)
Bulk HE, pyrotechnics, or propellant:
    Bulk high explosives, including: demolition charges (e.g.,        10
     C4 blocks), high explosives not contained in a munition,
     and concentrated mixtures of high explosives or other
     munitions constituents mixed with environmental media or
     debris in concentrations that result in the mixture being
     explosive (e.g., ``explosive soil'').......................
    All pyrotechnic material that is not contained in a munition      10
     (i.e., ``bulk pyrotechnics'')..............................
    All single-, double-, or triple-based propellant, or              10
     composite propellants that is not contained in a munition
     (i.e., ``bulk propellant'')................................
Practice:
    All UXO that are a practice munition not associated with a         5
     sensitive fuze.............................................
    All DMM that are a practice munition not associated with a         5
     sensitive fuze that have been damaged by burning or
     detonation.................................................
    All DMM that are a practice munition not associated with a         5
     sensitive fuze that have deteriorated to the point of
     instability................................................
Riot control: All UXO or DMM containing only a riot control            3
 agent (e.g., tear gas).........................................
Small arms: All UXO or DMM that are classified as small arms           2
 ammunition. Evidence that no other munitions type (e.g.,
 grenades, subcaliber training rockets, demolition charges) was
 used or is present on the MRS is required for selection of this
 category.......................................................
Evidence of no munitions: Following investigation of the MRS,         0
 there is physical evidence there are no UXO or DMM present or
 there is historical evidence indicating that no UXO or DMM are
 present........................................................
------------------------------------------------------------------------
Notes:
Former (as in ``former range'') means the MRS is a location that was:
  (1) closed by a formal decision made by the DoD Component with
  administrative control over the location, or (2) put to a use
  incompatible with the presence of UXO, DMM, or MC.
Historical evidence means that the investigation: (1) Found written
  documents or records, or (2) documented interviews of persons with
  knowledge of site conditions, or (3) found and verified other forms of
  information.
Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.
Practice munitions means munitions that contain an inert filler (e.g.,
  wax, sand, concrete), a spotting charge (i.e., a pyrotechnic charge),
  and a fuze.
The term small arms ammunition means solid projectile ammunition that is
  .50 caliber or smaller and shotgun shells.


  Table 2.--Classifications Within the EHE Module Source of Hazard Data
                                 Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
Former range: The MRS is a former military range where munitions      10
 (including practice munitions with sensitive fuzes) have been
 used. Such areas include: impact or target areas, associated
 buffer and safety zones, firing points, and live-fire maneuver
 areas..........................................................
Former munitions treatment (i.e., OB/OD) unit: The MRS is a            8
 location where UXO or DMM (e.g., munitions, bulk explosives,
 bulk pyrotechnic, or bulk propellants) were burned or detonated
 for the purpose of treatment prior to disposal.................
Former practice munitions range: The MRS is a former range on          6
 which only practice munitions without sensitive fuzes were used
Former maneuver area: The MRS is a former maneuver area where no       5
 munitions other than flares, simulators, smokes, and blanks
 were used. There must be evidence that no other munitions were
 used at the location to place an MRS into this category........
 Former burial pit or other disposal area: The MRS is a location       5
 where DMM were buried or disposed of (e.g., disposed of into a
 water body) without prior thermal treatment....................
Former industrial operating facilities: The MRS is a location          4
 that is a former munitions manufacturing or demilitarization
 operating facility.............................................
Former firing points: The MRS is a firing point, when the firing       4
 point is delineated as an MRS separate from the rest of a
 former range...................................................
Former missile or air defense artillery emplacements: The MRS is       2
 a former missile defense or air defense artillery (ADA)
 emplacement not associated with a range........................
Former storage or transfer points: The MRS is a location where         2
 munitions were stored or handled for transfer between different
 modes of transportation (e.g., rail to truck, truck to weapon
 system)........................................................

[[Page 50935]]

 
Former small arms range: The MRS is a former military range            1
 where only small arms were used. There must be evidence that no
 other type of munitions (e.g., grenades) were used or are
 present at the location to place an MRS into this category.....
Evidence of no munitions: Following investigation of the MRS,         0
 there is physical evidence that no UXO or DMM are present, or
 there is historical evidence indicating that no UXO or DMM are
 present........................................................
------------------------------------------------------------------------
Notes:
Former (as in ``former range'') means the MRS is a location that was:
  (1) closed by a formal decision made by the DoD Component with
  administrative control over the location, or (2) put to a use
  incompatible with the presence of UXO, DMM, or MC.
Historical evidence means that the investigation: (1) Found written
  documents or records, or (2) documented interviews of persons with
  knowledge of site conditions, or (3) found and verified other forms of
  information.
Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.
Practice munitions means munitions that contain an inert filler (e.g.,
  wax, sand, concrete), a spotting charge (i.e., a pyrotechnic charge),
  and a fuze.
The term small arms ammunition means solid projectile ammunition that is
  .50 caliber or smaller and shotgun shells.


 Table 3.--Classifications Within the EHE Information on the Location of
                         Munitions Data Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
Confirmed surface:
    Physical evidence indicates there are UXO or DMM on the           25
     surface of the MRS.........................................
    Historical evidence (e.g., a confirmed incident report or         25
     accident report) indicates there are UXO or DMM on the
     surface of the MRS.........................................
Confirmed subsurface, active:
    Physical evidence indicates the presence of UXO or DMM in         20
     the subsurface of the MRS and the geological conditions at
     the MRS are likely to cause UXO or DMM to be exposed in the
     future by naturally occurring phenomena (e.g., drought,
     flooding, erosion, frost, heat heave, tidal action), or
     there are on-going intrusive activities (e.g., plowing,
     construction, dredging) at the MRS that are likely to
     expose UXO or DMM..........................................
    Historical evidence indicates that UXO or DMM are located in      20
     the subsurface of the MRS and the geological conditions at
     the MRS are likely to cause UXO or DMM to be exposed in the
     future by naturally occurring phenomena (e.g., drought,
     flooding, erosion, frost, heat heave, tidal action), or
     there are on- going intrusive activities (e.g., plowing,
     construction, dredging) at the MRS that are likely to
     expose UXO or DMM..........................................
Confirmed subsurface, stable:
    Physical evidence indicates the presence of UXO or DMM in         15
     the subsurface of the MRS and the geological conditions at
     the MRS are not likely to cause UXO or DMM to be exposed in
     the future by naturally occurring phenomena, or there are
     no intrusive activities occurring at the MRS that are
     likely to either occur, or if the activities do occur, are
     likely to cause UXO or DMM to be exposed...................
    Historical evidence indicates that UXO or DMM are located in      15
     the subsurface of the MRS and the geological conditions at
     the MRS are not likely to cause UXO or DMM to be exposed in
     the future by naturally occurring phenomena, or there are
     no intrusive activities occurring at the MRS that are
     likely to either occur, or if the activities do occur, are
     likely to cause UXO or DMM to be exposed...................
Suspected (physical evidence): There is physical evidence other       10
 than the documented presence of UXO or DMM, indicating that UXO
 or DMM may be present at the MRS...............................
Suspected (historical evidence): There is historical evidence          5
 indicating that UXO or DMM may be present at the MRS...........
Subsurface, physical constraint: There is physical or historical       2
 evidence indicating the UXO or DMM may be present in the
 subsurface, but there is a physical constraint (e.g., pavement,
 water depth over 120 feet) preventing direct access to the UXO
 or DMM.........................................................
Small arms (regardless of location): The presence of small arms        1
 ammunitions is confirmed or suspected, regardless of other
 factors such as geological stability There must be evidence
 that no other types of munitions (e.g., grenades) were used or
 are present at the MRS to include it in this category..........
Evidence of no munitions: Following investigation of the MRS,         0
 there is physical evidence there are no UXO or DMM present or
 there is historical evidence indicating that no UXO or DMM are
 present........................................................
------------------------------------------------------------------------
Notes:
Historical evidence means that the investigation: (1) Found written
  documents or records, or (2) documented interviews of persons with
  knowledge of site conditions, or (3) found and verified other forms of
  information.
Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.
In the subsurface means the munition (i.e., a DMM or UXO) is (1)
  entirely beneath the ground surface, or (2) fully submerged in a water
  body.
On the surface means the munition (i.e., a DMM or UXO) is: (1) entirely
  or partially exposed above the ground surface, or (2) entirely or
  partially exposed above the surface of a water body (e.g., as a result
  of tidal activity).
The term small arms ammunition means solid projectile ammunition that is
  .50 caliber or smaller and shotgun shells.


  Table 4.--Classifications Within the EHE Ease of Access Data Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
No barrier: There is no barrier preventing access to all parts        10
 of the MRS (i.e., all parts of the MRS are accessible).........
Barrier to MRS access is incomplete: There is a barrier                8
 preventing access to parts of the MRS but not the entire MRS...
Barrier to MRS access is complete but not monitored: There is a        5
 barrier preventing access to all parts of the MRS, but there is
 no surveillance (e.g., by a guard) to ensure that the barrier
 is effectively preventing access to all parts of the MRS.......

[[Page 50936]]

 
Barrier to MRS access is complete and monitored: There is a           0
 barrier preventing access to all parts of the MRS, and there is
 active, continual surveillance (e.g., by a guard, video
 monitoring) to ensure that the barrier is effectively
 preventing access to all parts of the MRS......................
------------------------------------------------------------------------
Note: Barrier means a natural obstacle or obstacles (e.g., difficult
  terrain, dense vegetation, deep or fast moving water), a man-made
  obstacle or obstacles (e.g., fencing), or a combination of natural and
  man-made obstacles.


Table 5.--Classifications Within the EHE Status of Property Data Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
Non-DoD control: The MRS is at a location that is no longer            5
 owned by, leased to, or otherwise possessed or used by the DoD.
 Examples are privately owned land or water bodies; land or
 water bodies owned or controlled by American Indian or Alaskan
 Native Tribes or State or local governments; and lands or water
 bodies managed by other Federal agencies.......................
Scheduled for transfer from DoD control: The MRS is on land or         3
 is a water body that is owned, leased, or otherwise possessed
 by DoD, and DoD plans to transfer that land or water body to
 the control of another entity (e.g., a State, American Indian,
 Alaskan Native, or local government; a private party; another
 Federal agency) within 3 years from the date the Protocol is
 applied........................................................
DoD control: The MRS is on land or is a water body that is             0
 owned, leased, or otherwise possessed by the DoD. With respect
 to property that is leased or otherwise possessed, DoD must
 control access to the MRS 24-hours per day, every day of the
 calendar year..................................................
------------------------------------------------------------------------


Table 6.--Classifications Within the EHE Population Density Data Element
------------------------------------------------------------------------
                  Classification and definition                    Score
------------------------------------------------------------------------
 500 persons per square mile There are more than 500        5
 persons per square mile in the county in which the MRS is
 located, based on U.S. Census Bureau data......................
100-500 persons per square mile: There are 100 to 500 persons          3
 per square mile in the county in which the MRS is located,
 based on U.S. Census Bureau data...............................
< 100 persons per square mile: There are fewer than 100 persons       1
 per square mile in the county in which the MRS is located,
 based on U.S. Census Bureau data...............................
------------------------------------------------------------------------
Note: If an MRS is in more than one county, the DoD Component will use
  the largest population value among the counties. If the MRS is within
  or borders a city or town, the population density for the city or town
  instead of the county population density is used.


  Table 7.--Classifications Within the EHE Population Near Hazard Data
                                 Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
26 or more structures: There are 26 or more inhabited structures       5
 located up to 2 miles from the boundary of the MRS, within the
 boundary of the MRS, or both...................................
16 to 25: There are 16-25 inhabited structures located up to 2         4
 miles from the boundary of the MRS, within the boundary of the
 MRS, or both...................................................
11 to 15: There are 11-15 inhabited structures located up to 2         3
 miles from the boundary of the MRS, within the boundary of the
 MRS, or both...................................................
6 to 10: There are 6-10 inhabited structures located up to 2           2
 miles from the boundary of the MRS, within the boundary of the
 MRS, or both...................................................
1 to 5: There are 1-5 inhabited structures located up to 2 miles       1
 from the boundary of the MRS, within the boundary of the MRS,
 or both........................................................
0: There are no inhabited structures located up to 2 miles from       0
 the boundary of the MRS, within the boundary of the MRS, or
 both...........................................................
------------------------------------------------------------------------
Note: The term inhabited structures means permanent or temporary
  structures, other than DoD munitions-related structures, that are
  routinely occupied by one or more persons for any portion of a day.


 Table 8.--Classifications Within the EHE Types of Activities/Structures
                              Data Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
Residential, educational, commercial, or subsistence: Activities       5
 are conducted or inhabited structures are located up to 2 miles
 from the MRS's boundary or, within the MRS's boundary that are
 associated with any of the following purposes: residential,
 educational, child care, critical assets (e.g., hospitals, fire
 and rescue, police stations, dams), hotels, commercial,
 shopping centers, play grounds, community gathering areas,
 religious sites, or sites used for subsistence hunting,
 fishing, and gathering.........................................
Parks and recreational areas: Activities are conducted or              4
 inhabited structures are located up to 2 miles from the MRS's
 boundary or within the MRS's boundary that are associated with
 parks, nature preserves or other recreational uses.............
Agricultural, forestry: Activities are conducted or inhabited          3
 structures are located up to 2 miles from the MRS's boundary or
 within the MRS's boundary that are associated with agriculture
 or forestry....................................................
Industrial or warehousing: Activities are conducted or inhabited       2
 structures are located up to 2 miles from the MRS's boundary or
 within the MRS's boundary that are associated with industrial
 activities or warehousing......................................
No known or recurring activities: There are no known or               1
 recurring activities occurring up to 2 miles from the MRS's
 boundary or within the MRS's boundary..........................
------------------------------------------------------------------------
Note: The term inhabited structures means permanent or temporary
  structures, other than DoD munitions-related structures, are routinely
  occupied by one or more persons for any portion of a day.


[[Page 50937]]


   Table 9.--Classifications Within the EHE Ecological and/or Cultural
                         Resources Data Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
Ecological and cultural resources present: There are both              5
 ecological and cultural resources present on the MRS...........
Ecological resources present: There are ecological resources           3
 present on the MRS.............................................
Cultural resources present: There are cultural resources present       3
 on the MRS.....................................................
No ecological or cultural resources present: There are no              0
 ecological resources or cultural resources present on the MRS..
------------------------------------------------------------------------
Notes: Ecological resources means that: (1) A threatened or endangered
  species (designated under the Endangered Species Act (ESA)) is present
  on the MRS; or (2) the MRS is designated under the ESA as critical
  habitat for a threatened or endangered species; or (3) there are
  identified sensitive ecosystems such as wetlands or breeding grounds
  present on the MRS.
Cultural resources means there are recognized cultural, traditional,
  spiritual, religious, or historical features (e.g., structures,
  artifacts, symbolism) on the MRS. For example, American Indians or
  Alaska Natives deem the MRS to be of religious significance or there
  are areas that are used by American Indians or Alaska Natives for
  subsistence activities (e.g., hunting, fishing). Requirements for
  determining if a particular feature is a cultural resource are found
  in the National Historic Preservation Act, Native American Graves
  Protection and Repatriation Act, Archeological Resources Protection
  Act, Executive Order 13007, and the American Indian Religious Freedom
  Act.


     Table 10.--Determining the EHE Rating From the EHE Module Score
------------------------------------------------------------------------
           Overall EHE module score                    EHE rating
------------------------------------------------------------------------
The MRS has an overall EHE module score from   EHE Rating A
 92 to 100.
The MRS has an overall EHE module score from   EHE Rating B
 82 to 91.
The MRS has an overall EHE module score from   EHE Rating C
 71 to 81.
The MRS has an overall EHE module score from   EHE Rating D
 60 to 70.
The MRS has an overall EHE module score from   EHE Rating E
 48 to 59.
The MRS has an overall EHE module score from   EHE Rating F
 38 to 47.
The MRS has an overall EHE module score less   EHE Rating G
 than 38.
------------------------------------------------------------------------


Table 11.--Classifications Within the CHE CWM Configuration Data Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
CWM, explosive configuration, either UXO or damaged DMM:
    The CWM known or suspected of being present at the MRS is:
        Explosively configured CWM that are UXO (i.e., CWM/UXO).      30
        Explosively configured CWM that are DMM that have been        30
         damaged (CWM/DMM)......................................
CWM mixed with UXO: The CWM known or suspected of being present       25
 at the MRS are CWM/DMM that are co-mingled with conventional
 munitions that are UXO.........................................
CWM, explosive configuration that are DMM (unused): The CWM 20        20
 known or suspected of being present at the MRS are explosively
 configured CWM/DMM that have not been damaged..................
CWM, not-explosively configured or CWM, bulk container:
    The CWM known or suspected of being present at the MRS is:
        Non-explosively configured CWM/DMM......................      15
        Bulk CWM/DMM (e.g., ton container)......................      15
CAIS K941 and CAIS K942: The CWM/DMM known or suspected of being      12
 present at the MRS is CAIS K941-toxic gas set M-1 or CAIS K942-
 toxic gas set M-2/E11..........................................
CAIS (chemical agent identification sets): The CWM known or           10
 suspected of being present at the MRS are only CAIS/DMM. The
 CAIS present cannot include CAIS K941, toxic gas set M-1; and
 K942, toxic gas set M-2/E11 for the MRS to be assigned this
 rating.........................................................
Evidence of no CWM: Following investigation, the physical             0
 evidence indicates that CWM are not present at the MRS, or the
 historical evidence indicates that CWM are not present at the
 MRS............................................................
------------------------------------------------------------------------
Notes:
The notation CWM/DMM means CWM that are DMM.
The term CWM/UXO means CWM that are UXO.
Historical evidence means that the investigation: (1) Found written
  documents or records, or (2) documented interviews of persons with
  knowledge of site conditions, or (3) found and verified other forms of
  information.
Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.


  Table 12.--Classifications Within the CHE Sources of CWM Data Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
Live-fire involving CWM:
    The MRS is a range that supported live-fire of explosively        10
     configured CWM and the CWM/UXO are known or suspected of
     being present on the surface or in the subsurface..........
    The MRS is a range that supported live-fire with                  10
     conventional munitions, and CWM/DMM are on the surface or
     in the subsurface co-mingled with conventional munitions
     that are UXO...............................................
Damaged CWM/DMM or CAIS/DMM, surface or subsurface: There are         10
 damaged CWM/DMM on the surface or in the subsurface at the MRS.
Undamaged CWM/DMM or CAIS/DMM, surface: There are undamaged CWM/      10
 DMM on the surface at the MRS..................................
Undamaged CWM/DMM, or CAIS/DMM, subsurface: There are undamaged        5
 CWM/DMM in the subsurface at the MRS...........................
Production facilities of CWM or CAIS: The MRS is a facility that       3
 engaged in production of CWM, and there are CWM/DMM suspected
 of being present on the surface or in the subsurface...........

[[Page 50938]]

 
Research, Development, Testing, and Evaluation (RDT&E) facility        3
 using CWM or CAIS: The MRS is at a facility that was involved
 in non-live fire RDT&E activities (including static testing)
 involving CWM, and there are CWM/DMM suspected of being present
 on the surface or in the subsurface............................
Training facility using CWM or CAIS: The MRS is a location that        2
 was involved 2 in training activities involving CWM and/or CAIS
 (e.g., training in recognition of CWA, decontamination
 training) and CWM/DMM are suspected of being present on the
 surface or in the subsurface...................................
Storage or transfer points of CWM: The MRS is a former storage         1
 facility or transfer point (e.g., inter-modal transfer) for CWM
Evidence of no CWM: Following investigation, the physical             0
 evidence indicates that CWM are not present at the MRS, or the
 historical evidence indicates that CWM are not present at the
 MRS............................................................
------------------------------------------------------------------------
Notes:
The notation CWM/DMM means CWM that are DMM.
The term CWM/UXO means CWM that are UXO.
Historical evidence means that the investigation: (1) Found written
  documents or records, or (2) documented interviews of persons with
  knowledge of site conditions, or (3) found and verified other forms of
  information.
Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.
In the subsurface means the CWM (i.e., a DMM or UXO) is (1) Entirely
  beneath the ground surface, or (2) fully submerged in a water body.
On the surface means the CWM (i.e., a DMM or UXO) is: (1) Entirely or
  partially exposed above the ground surface, or (2) entirely or
  partially exposed above the surface of a water body (e.g., as a result
  of tidal activity).


Table 13.--Classifications Within the CHE Information on the Location of
                            CWM Data Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
Confirmed surface:
    Physical evidence indicates there are CWM on the surface of       25
     the MRS....................................................
    Historical evidence (e.g., a confirmed incident report or         25
     accident report) indicates there are CWM on the surface of
     the MRS....................................................
Confirmed subsurface, active:
    Physical evidence indicates the presence of CWM in the            20
     subsurface of the MRS and the geological conditions at the
     MRS are likely to cause CWM to be exposed in the future by
     naturally occurring phenomena (e.g., drought, flooding,
     erosion, frost, heat heave, tidal action), or there are on-
     going intrusive activities (e.g., plowing, construction,
     dredging) at the MRS that are likely to expose CWM.........
    Historical evidence indicates that CWM are located in the         20
     subsurface of the MRS and the geological conditions at the
     MRS are likely to cause CWM to be exposed in the future by
     naturally occurring phenomena (e.g., drought, flooding,
     erosion, frost, heat heave, tidal action), or there are on-
     going intrusive activities (e.g., plowing, construction,
     dredging) at the MRS that are likely to expose CWM.........
Confirmed subsurface, stable:
    Physical evidence indicates the presence of CWM in the            15
     subsurface of the MRS and the stable geological conditions
     at the MRS are not likely to cause CWM to be exposed in the
     future by naturally occurring phenomena, or there are no
     intrusive activities occurring at the MRS that are likely
     to either occur, or if the activities do occur, are likely
     to cause CWM to be exposed.................................
    Historical evidence indicates that CWM are located in the         15
     subsurface of the MRS and the geological conditions at the
     MRS are not likely to cause CWM to be exposed in the future
     by naturally occurring phenomena, or there are no intrusive
     activities occurring at the MRS that are likely to either
     occur, or if the activities do occur, are likely to cause
     CWM to be exposed..........................................
Suspected (physical evidence): There is physical evidence other       10
 than the documented presence of CWM, indicating that CWM may be
 present at the MRS.............................................
Suspected (historical evidence): There is historical evidence          5
 indicating that CWM may be present at the MRS..................
Subsurface, physical constraint: There is physical or historical       2
 evidence indicating the CWM may be present in the subsurface,
 but there is a physical constraint (e.g., pavement, water depth
 over 120 feet) preventing direct access to the CWM.............
Evidence of no CWM: Following investigation of the MRS, there is      0
 physical evidence there is no CWM present or there is
 historical evidence indicating that no CWM are present.........
------------------------------------------------------------------------
Notes:
Historical evidence means that the investigation: (1) Found written
  documents or records, or (2) documented interviews of persons with
  knowledge of site conditions, or (3) found and verified other forms of
  information.
Physical evidence means: (1) Recorded observations from on-site
  investigations, such as finding intact UXO or DMM, or components,
  fragments, or other pieces of military munitions, or (2) the results
  of field or laboratory sampling and analysis procedures, or (3) the
  results of geophysical investigations.
In the subsurface means the CWM (i.e., a DMM or UXO) is (1) entirely
  beneath the ground surface, or (2) fully submerged in a water body.
On the surface means the CWM (i.e., a DMM or UXO) is (1) entirely or
  partially exposed above the ground surface, or (2) entirely or
  partially exposed above the surface of a water body (e.g., as a result
  of tidal activity).
The term small arms ammunition means solid projectile ammunition that is
  .50 caliber or smaller and shotgun shells.


  Table 14.--Classifications Within the CHE Ease of Access Data Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
No barrier: There is no barrier preventing access to all parts        10
 of the MRS (i.e., all parts of the MRS are accessible).........
Barrier to MRS access is incomplete: There is a barrier                8
 preventing access to parts of the MRS but not the entire MRS...
Barrier to MRS access is complete but not monitored: There is a        5
 barrier preventing access to all parts of the MRS, but there is
 no surveillance (e.g., by a guard) ensure that the barrier is
 effectively preventing access to all parts of the MRS..........

[[Page 50939]]

 
Barrier to MRS access is complete and monitored: There is a           0
 barrier preventing access to all parts of the MRS, and there is
 active continual surveillance (e.g., by a guard, video
 monitoring) to ensure that the barrier is effectively
 preventing access to all parts of the MRS......................
------------------------------------------------------------------------
Notes: Barrier means a natural obstacle or obstacles (e.g., difficult
  terrain, dense vegetation, deep or fast moving water), a man-made
  obstacle or obstacles (e.g., fencing), or a combination of natural and
  man-made obstacles.


    Table 15.--Classifications Within the CHE Status of Property Data
                                 Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
Non-DoD control: The MRS is at a location that is no longer            5
 owned by, leased to, or otherwise possessed or used by the DoD.
 Examples are privately owned land or water bodies; land or
 water bodies owned or controlled by American Indian or Alaskan
 Native Tribes, or State or local governments; and lands or
 water bodies managed by other Federal agencies.................
Scheduled for transfer from DoD control: The MRS is on land or         3
 is a water body that is owned, leased, or otherwise possessed
 by control DoD, and DoD plans to transfer that land or water
 body to control of another entity (e.g., a State, American
 Indian, Alaskan Native, or local government; a private party;
 another Federal agency) within 3 years from the date the
 Protocol is applied............................................
DoD control: The MRS is on land or is a water body that is             0
 owned, leased, or otherwise possessed by the DoD. With respect
 to property that is leased or otherwise possessed, DoD controls
 access to the property 24-hours per day, every day of the
 calendar year..................................................
------------------------------------------------------------------------


    Table 16.--Classifications Within the CHE Population Density Data
                                 Element
------------------------------------------------------------------------
                  Classification and definition                    Score
------------------------------------------------------------------------
 500 persons per square mile: There are more than 500       5
 persons per square mile in the county in which the MRS is
 located, based on U.S. Census Bureau data......................
100-500 persons per square mile: There are 100 to 500 persons          3
 per square mile in the county in which the MRS is located,
 based on U.S. Census Bureau data...............................
< 100 persons per square mile: There are fewer than 100 persons       1
 per square mile in the county in which the MRS is located,
 based on U.S. Census Bureau data...............................
------------------------------------------------------------------------
Note: If an MRS is in more that one county, the DoD Component will use
  the largest population value among the counties. If the MRS is within
  or borders a city or town, the population density for the city or town
  instead of the county population density is used.


  Table 17.--Classifications Within the CHE Population Near Hazard Data
                                 Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
26 or more structures: There are 26 or more inhabited structures       5
 located up to 2 miles from the boundary of the MRS, within the
 boundary of the MRS, or both...................................
16 to 25: There are 16-25 inhabited structures located up to 2         4
 miles from the boundary of the MRS, within the boundary of the
 MRS, or both...................................................
11 to 15: There are 11-15 inhabited structures located up to 2         3
 miles from the boundary of the MRS, within the boundary of the
 MRS, or both...................................................
6 to 10: There are 6-10 inhabited structures located up to 2           2
 miles from the boundary of the MRS, within the boundary of the
 MRS, or both...................................................
1 to 5: There are 1-5 inhabited structures located up to 2 miles       1
 from the boundary of the MRS, within the boundary of the MRS,
 or both........................................................
0: There are no inhabited structures located up to 2 miles from       0
 the boundary of the MRS, within the boundary of the MRS, or
 both...........................................................
------------------------------------------------------------------------
Note: The term inhabited structures means permanent or temporary
  structures, other than DoD munitions-related structures, that are
  routinely occupied by one or more persons for any portion of a day.


Table 18.--Classifications Within the CHE Types of Activities/Structures
                              Data Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
Residential, educational, commercial, or subsistence: Activities       5
 are conducted or inhabited structures are located up to 2 miles
 from the MRS's boundary or within the MRS's boundary that are
 associated with any of the following purposes: residential,
 educational, child care, critical assets (e.g., hospitals, fire
 and rescue, police stations, dams), hotels, commercial,
 shopping centers, play grounds, community gathering areas,
 religious sites or sites used for subsistence hunting, fishing,
 and gathering..................................................
Parks and recreational areas: Activities are conducted or              4
 inhabited structures are located up to 2 miles from the MRS's
 boundary or within the MRS's boundary that are associated with
 parks, nature preserves or other recreational uses.............
Agricultural, forestry: Activities are conducted or inhabited          3
 structures are located up to 2 miles from the MRS's boundary,
 within the MRS's boundary that are associated with agriculture
 or forestry....................................................
Industrial or warehousing: Activities are conducted or inhabited       2
 structures are located up to 2 miles from the MRS's boundary,
 within the MRS's boundary that are associated with industrial
 activities or warehousing......................................
No known or recurring activities: There are no known or               1
 recurring activities occurring up to 2 miles from the MRS's
 boundary or within the MRS's boundary..........................
------------------------------------------------------------------------
Notes: The term inhabited structures means permanent or temporary
  structures, other than DoD munitions-related structures, are routinely
  occupied by one or more persons for any portion of a day.


[[Page 50940]]


  Table 19.--Classifications Within the CHE Ecological and/or Cultural
                         Resources Data Element
------------------------------------------------------------------------
                 Classification and description                    Score
------------------------------------------------------------------------
Ecological and cultural resources present: There are both              5
 ecological and cultural resources present on the MRS...........
Ecological resources present: There are ecological resources           3
 present on the MRS.............................................
Cultural resources present: There are cultural resources present       3
 on the MRS.....................................................
No ecological or cultural resources present: There are no            10
 ecological resources or cultural resources present on the MRS..
------------------------------------------------------------------------
Notes:
 Ecological resources means that: (1) A threatened or endangered species
  (designated under the Endangered Species Act (ESA)) is present on the
  MRS; or (2) the MRS is designated under the ESA as critical habitat
  for a threatened or endangered species; or (3) there are identified
  sensitive ecosystems such as wetlands or breeding grounds present on
  the MRS.
 Cultural resources means there are recognized cultural, spiritual,
  traditional, religious, or historical features (e.g., structures,
  artifacts, symbolism) on the MRS. For example, American Indians or
  Alaska Natives deem the MRS to be of spiritual significance or there
  are areas that are used by American Indians or Alaska Natives for
  subsistence activities (e.g., hunting, fishing). Requirements for
  determining if a particular feature is a cultural resource are found
  in the National Historic Preservation Act, Native American Graves
  Protection and Repatriation Act, Archeological Resources Protection
  Act, Executive Order 13007, and the American Indian Religious Freedom
  Act.


     Table 20.--Determining the CHE Rating From the CHE Module Score
------------------------------------------------------------------------
           Overall CHE module score                    CHE rating
------------------------------------------------------------------------
The MRS has an overall CHE module score from   CHE Rating A
 92 to 100.
The MRS has an overall CHE module score from   CHE Rating B
 82 to 91.
The MRS has an overall CHE module score from   CHE Rating C
 71 to 81.
The MRS has an overall CHE module score from   CHE Rating D
 60 to 70.
The MRS has an overall CHE module score from   CHE Rating E
 48 to 59.
The MRS has an overall CHE module score from   CHE Rating F
 38 to 47.
The MRS has an overall CHE module score less   CHE Rating G
 than 38.
------------------------------------------------------------------------


                          Table 21.--Relative Risk Site Evaluation Module Hazard Rating
----------------------------------------------------------------------------------------------------------------
                                                                   Migration pathway
    Contaminant hazard factor and     --------------------------------------------------------------------------
           receptor factor                     Evident                 Potential                 Confined
----------------------------------------------------------------------------------------------------------------
Significant:
    Identified.......................  High...................  High...................  Medium
    Potential........................  High...................  High...................  Medium
    Limited..........................  Medium.................  Medium.................  Low
Moderate:
    Identified.......................  High...................  High...................  Low
    Potential........................  High...................  Medium.................  Low
    Limited..........................  Medium.................  Low....................  Low
Minimal:
    Identified.......................  High...................  Medium.................  Low
    Potential........................  Medium.................  Low....................  Low
    Limited..........................  Low....................  Low....................  Low
----------------------------------------------------------------------------------------------------------------


                    Table 22.--MRS Priority Based on Highest Hazard Evaluation Module Rating
----------------------------------------------------------------------------------------------------------------
                                                                            RRSE module
       EHE module rating         Priority  CHE module rating   Priority        rating             Priority
----------------------------------------------------------------------------------------------------------------
                                .........  Hazard Evaluation          1                     ....................
                                            A (Highest).
Hazard Evaluation A (Highest).          2  Hazard Evaluation          2  High (highest)...                     2
                                            B.
Hazard Evaluation B...........          3  Hazard Evaluation          3
                                            C.
Hazard Evaluation C...........          4  Hazard Evaluation          4
                                            D.
Hazard Evaluation D...........          5  Hazard Evaluation          5  Medium...........                     5
                                            E.
Hazard Evaluation E...........          6  Hazard Evaluation          6
                                            F.
Hazard Evaluation F...........          7  Hazard Evaluation          7
                                            G (Lowest).
Hazard Evaluation G (Lowest)..          8  .................  .........  Low..............                     8
No Longer Required............  .........  No Longer          .........  No Longer
                                            Required.                     Required
Evaluation Pending............  .........  Evaluation         .........  Evaluation
                                            Pending.                      Pending
No Known or Suspected           .........  No Known or        .........  .................                   N/A
 Explosive Hazard.                          Suspected CWM
                                            Hazard.
----------------------------------------------------------------------------------------------------------------



[[Page 50941]]

    Dated: August 11, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.

[FR Doc. 03-21013 Filed 8-21-03; 8:45 am]
BILLING CODE 5001-08-C