CHAPTER 9 DEFENSE ENVIRONMENTAL RESTORATION PROGRAM

9-1. PURPOSE.

The purpose of the Defense Environmental Restoration Program (DERP) is to identify, assess, and cleanup or control hazardous waste contamination that originated from past DoD activities, operations or spills. This chapter provides current DLA policy, guidance, and procedures for the DERP to those who are responsible for its implementation. Guidance on response to environmental contamination caused by current operations is provided at chapter 2, Spill Prevention and Response.

9-2. BACKGROUND.

Given the nature and extent of its operations, DLA has been involved with toxic and hazardous materials for many years. These materials, if released into the environment, could lead to significant damage of important natural resources. Although wastes from our operations were disposed of by the commonly accepted practices of the times, such practices may have nevertheless resulted in risks to public health and the environment. Because of these and other similar concerns, an Installation Restoration Program (IRP) was initiated in 1975 within the DoD to identify past activities involving hazardous materials and to restore contaminated properties.

As part of the IRP, Installation Assessments (IAs) were conducted at DLA-managed installations from the late 1970s through the early 1980s. The purpose of the IAs was to assess current and past activities involving toxic and hazardous materials and to define conditions that may adversely affect public health or welfare. During this time period, geohydrologic studies and consultations were also conducted at DLA Defense Fuel Support Points (DFSPs) for the same purpose. The IAs involved a detailed investigation of past activities, including examination of pertinent records and files and the systematic conducting of interviews with both current and retired employees who had knowledge of past installation activities. The IA reports are the best available source of information concerning past activities that could result in environmental concerns.

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) authorized Federal action to respond to releases of hazardous substances. A trust fund referred to as the Superfund was created to finance Government actions to respond to the releases. Similarly, The Defense Environmental Restoration Account (DERA) was established by the Superfund Amendments and Reauthorization Act of 1981 (SARA), which amended CERCLA, to pay the cost of environmental restoration at DoD facilities.

As a result of SARA, DoD environmental restoration activities and terminology were required to be consistent with EPA procedures and guidance. This prompted a DoD review of previous studies to determine, on a site-by-site basis, which CERCLA requirements, if any, were not attained by work previously performed under the IRP. Also as a result of SARA, DLA cooperated with the Environmental Protection Agency (EPA) in the preparation of a Federal Agency Hazardous Waste Compliance Docket listing all Federal installations subject to the law. DLA furnished the required Preliminary Assessments of its activities, which were used by EPA for ranking Federal installations under the Hazard Ranking System (HRS) and for adding appropriate Federal installations to the National Priorities List (NPL). DLA activities that were added to the NPL were DGSC, DDOU, DDRW (Tracy), and DDRW (Sharpe). For each NPL site, Federal agencies must negotiate and enter into an interagency agreement (IAG) with EPA setting forth arrangements to conduct response actions in a timely and well coordinated manner. SARA provides for joint selection of the remedy at a NPL site by EPA and the Federal agency, or selection by EPA alone if there is disagreement. Requirements and procedures in the National Contingency Plan (NCP) (40 CFR 300) must be followed.

9-3. POLICY

a. DLA will comply with the requirements of CERCLA in the same manner and to the same extent, both procedurally and substantively, as any non-Governmental entity.

b. Environmental contamination caused by past activities will be cleaned up.

c. The Defense Environmental Restoration Account (DERA) will be used to finance removal and response activities.

d. The Defense Priority Model (DPM) will be used to determine relative priorities for the use of DERA funds for remedial actions.

e. At NPL sites, DLA will enter into three-party agreements, where possible, with EPA Regions and state agencies concerning environmental restoration activities. Where three-party agreements are not possible, DLA will enter into two-party agreements with EPA Regions.

f. DERA funds will only be used in a manner consistent with the procedures set forth in DoD guidance and in this chapter.

g. Environmental restoration activities will be conducted in accordance with the National Contingency Plan (NCP)(40 CFR 300) and the procedures in this chapter.

9-4. RESPONSIBILITIES

a. The Staff Director, Office of Installation Services and Environmental Protection, DLA (DLA-W) will:

(1) Serve as the DLA Executive Program Manager for the Defense Environmental Restoration Program (DERP) with authority to redelegate as appropriate.

(2) Prepare an annual DERA budget for DLA; approve modifications or adjustments to the DERA budget.

(3) Periodically modify or update procedures in this chapter, including DERA Management Guidance.

b. Heads of DCSC, DESC, DFSC, DGSC, DPSC, DDMT, DDOU, DDRW, DIPEC, DNSC, and DRMS will:

(1) Perform all work necessary to identify, investigate, and cleanup contamination, with respect to releases of hazardous substances from past activities.

(2) Perform all required notifications to Federal, state, and local regulatory agencies.

(3) Select preferred alternatives for remedial action.

(4) Select remedial action in agreement with EPA.

(5) Sign and execute Records of Decision (RODs) and comparable documents.

(6) Sign and execute agreements with EPA Regions, states or other Government agencies, or agreements involving removal or remedial actions with private parties.

(7) Implement a Community Relations Plan in support of DLA response actions.

(8) Maintain an administrative record at a location conveniently accessible to interested members of the public for DLA response actions.

c. The Commander of the Defense Reutilization and Marketing Service, DRMS, in addition to the above, will:

(1) Research instances where a DRMS field activity has been notified by a Federal or state regulator that it is a potentially responsible party (PRP) at a Superfund site to determine the extent and exact nature of DLA involvement.

(2) Participate in PRP committees in a manner which protects DLA's interest including, but not limited to, determining DLA's fair share of any required studies, removal or remedial actions.

(3) Coordinate with other involved DoD PRPs, and act as the DoD representative on PRP committees as required by DoD guidance and the circumstances in agreements with the other DoD PRPs.

(4) Request adequate funding in the DERA from DLA-WE for all PRP response actions.

(5) Perform all work necessary to identify, investigate, and cleanup contamination with respect to releases of hazardous substances for which EPA has issued an Administrative Order (AO) or for which DLA has agreed to perform such actions as part of an agreement with PRPs or Federal, state, or local regulatory agencies.

9-5. PROCEDURES

a. Environmental Restoration Guidance

(1) Removal and Remedial Actions. Under the NCP, response actions encompass both removal actions and remedial actions. Removal action refers to the removal of oil or hazardous substances, or the taking of other actions as may be necessary to minimize or mitigate damage to the public health or welfare, or to the environment. Removal actions can include installation of security fencing to limit public access, provision for alternative water supplies, and disposal of removed material. Removal actions are often short-term responses to address immediate and significant dangers at a hazardous waste site but are not necessarily final solutions. Remedial actions are those actions consistent with a permanent remedy to prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to the public health or welfare or the environment in the present or in the future. The term includes such measures as storage, confinement, perimeter dikes, cleanup of released substances, and onsite treatment or incineration. The remedial action process is summarized in the following table.

(2) Remedial Action Process

(a) RCRA/CERCLA Overlap. RCRA and CERCLA overlap in some respects. The overlap may be interpreted differently by different EPA regional offices and by different states. Of particular note is Section 3004(u) of RCRA, by which EPA or the state may require the cleanup or a schedule for investigation and cleanup of releases of hazardous substances or constituents at solid waste management units (SWMUs) on an installation seeking a RCRA permit for current hazardous waste operations. Cleanup under RCRA standards may be different than under CERCLA. Therefore, in cases where the installation is required to comply with a RCRA corrective action permit, both IRP cleanup schedules and standards may be affected. DLA activities should work with both Federal and state agencies to reach agreement to cleanup sites in a manner which simultaneously achieves compliance with CERCLA and satisfies RCRA corrective action obligations.

(b) Executive Orders. Though Federal facilities were not separately addressed in the original CERCLA or the NCP, three Executive Orders provided Federal agencies with the authority to cleanup their facilities. Executive Order 12088 (13 Oct 1978) delegated Federal agencies the responsibility of ensuring that pollution was prevented, controlled, and abated. Executive Order 12316 (14 Aug 1981) delegated to Federal agencies the responsibility and authority for conducting CERCLA response actions at their facilities. Executive Order 12580 (23 Jan 1987) revoked 12316 and delegated the President's authority under CERCLA and SARA to various Federal agencies, including DoD.

(c) Applicable or Relevant and Appropriate Requirements (ARARs). ERCLA/SARA provides that standards under other Federal environmental laws and promulgated standards under state environmental laws that are more stringent than Federal standards be considered in determining the standard that the remedial action must attain.

REMEDIAL ACTION PROCESS FLOW CHART (not available at this time)

(d) EPA Terminology. In accordance with CERCLA 120(a)(2) and DLA policy, all Environmental Restoration actions will be accomplished in compliance with applicable requirements of CERCLA. Terminology used by the Environmental Restoration Program will be consistent with that used in CERCLA and the NCP. When conducting Environmental Restoration actions, DLA activities will refer to and use guidance documents issued by EPA for conducting superfund financed response actions. Although EPA policy and guidance is not mandatory and does not carry the same weight as regulations, it should be consulted in determining the reasonable interpretation and application of the regulations. Some key terms and acronyms are as follows:

Installation Restoration Acronyms

ATSDR		Agency for Toxic Substances and Disease Registry
CERCLA		Comprehensive Environmental Response, Compensation and Liability Act, as amended
CFR		Code of Federal Regulations
DERA		Defense Environmental Restoration Account
DERP		Department of Defense Environmental Restoration Program
EPA		U.S. Environmental Protection Agency
FR		Federal Register
HRS		Hazard Ranking System
IAG		Interagency Agreement
IR		Installation Restoration
NCP		National Contingency Plan
NPL		National Priorities List
NRC		National Response Center
PA/SI		Preliminary Assessment/Site Inspection
RCRA		Resource Conservation and Recovery Act
RD/RA		Remedial Design/Remedial Action
RI/FS		Remedial Investigation/Feasibility Study
ROD		Record of Decision
SARA		Superfund Amendments and Reauthorization Act of 1986

(e) Legal Basis. The SARA amendments to CERCLA clarify that Federal agencies must comply with CERCLA and regulations published under CERCLA. Section 120(a)(1) of CERCLA requires each Federal agency to comply with the Act "in the same manner and to the same extent, both procedurally and substantively, as any non-Governmental entity." Exceptions to this requirement pertain to applicable time periods for Federal facilities and requirements relating to bonding, insurance, or financial responsibility (CERCLA 120(a)(3)). The Act further states that applicable state laws concerning removal and remedial actions shall apply to Federal facilities not listed on the National Priorities List (NPL) (CERCLA 120(a)(4)). For DLA facilities listed on the NPL, the Head of the Activity must enter into an IAG with the EPA Region to conduct remedial action. Although the state is not the primary regulator in these circumstances, state cleanup standards may still be used.

(f) EPA Program. The EPA is responsible for implementing CERCLA by developing and enforcing appropriate regulations. Many of the regulations issued for CERCLA compliance are found in the National Contingency Plan (NCP). The NCP sets forth the following general procedures for initiating and carrying out the remedial process at CERCLA sites:

(1) Site Discovery and Notification

(2) Preliminary Assessment/Site Inspection (PA/SI)

(3) National Priorities List (NPL) Ranking and Listing

(4) Remedial Investigation/Feasibility Study (RI/FS)

(5) Record of Decision (ROD)

(6) Remedial Design/Remedial Action (RD/RA)

(7) Operation and Maintenance (O&M)

(8) Long-Term Monitoring (LTM).

(g) Site Discovery and Notification. There is an obligation to immediately notify the National Response Center (NRC) as soon as there is knowledge of any release (other than a Federally-permitted release) of a hazardous substance, in quantities equal to or greater than the reportable quantity, into the environment (CERCLA 103). This applies to any DLA employee in charge of a facility, including supervisory personnel with responsibility for the operation of a facility and extending from maintenance foreman to the Head of the Activity. A "release" is defined in CERCLA 101(22). The hazardous substances and their reportable quantities are listed at 40 CFR 302. The reporting requirement goes into effect as soon as the employee has knowledge of the release. This means that the activity must give prompt notice of such information to the NRC, similar to the telephone calls or short messages that activities now give to the NRC concerning spills. Chapter 2, Spill Prevention and Response, provides information and format for reporting. It is imperative that a followup confirming letter be sent to the appropriate agency in addition to the verbal telephone notice. CERCLA 103(b) provides that the employee who fails to immediately notify the appropriate agency as soon as there is knowledge of such release or submits any information which is known to be false or misleading is subject to fines or imprisonment. Under the Environmental Restoration Program, notification of a release is accomplished when the Head of the Activity forwards a Preliminary Assessment/Site Inspection (PA/SI) report to EPA and state regulatory agencies. If the activity discovers a release, and that release has not previously been reported in an IA or PA/SI, then it should be reported immediately to the appropriate agency. DLA-WE should then be requested to investigate the problem. If an activity, in reviewing its records, discovers information that a potential disposal site exists that was not previously investigated, then the activity should report this information to DLA-WE for further guidance. It need not be immediately reported to the NRC as it is a potential site which will be reported to EPA upon confirmation.

(h) Preliminary Assessment/Site Inspection (PA/SI) and NPL Listing. Preliminary Assessments are done after site discovery and notification, or after an activity has been listed on the Federal Agency HW Compliance Docket. A PA is developed from readily available existing information and includes: (1) identification of the source and nature of the release, (2) evaluation of the magnitude of the potential threat, and (3) evaluation of factors necessary to determine if immediate removal is necessary. The PA is used to determine if additional investigation of the site is required. The PA is forwarded to EPA and state regulatory agencies by the Head of the Activity. If additional investigation is required, actual samples are collected and analyzed in a Site Inspection (SI). At the conclusion of the SI, the total PA/SI package is sent to EPA and state regulatory agencies by the Head of the Activity. The following is an outline of the PA process:

PRELIMINARY ASSESSMENT

The following is an outline of the SI process:

SITE INSPECTION

Data from the PA/SI are used for scoring hazardous waste sites. Using the Hazard Ranking System (HRS), EPA must score hazardous waste sites by their potential to affect human health, welfare, and the environment. The HRS is a means of applying uniform technical judgement regarding the potential hazards presented by a facility relative to other facilities. It does not address the feasibility, desirability or degree of cleanup. Hazardous waste sites receiving the highest scores (i.e., having the highest potential for affecting human health, welfare, and the environment) are put on the NPL (40 CFR 300, appendix B). At the current time, a site is proposed for the NPL if the site score is 28.5 or higher. Sites on the NPL will receive the highest priority within the DERA Management Guidance of this chapter.

(i) Remedial Investigation/Feasibility Study (RI/FS). Sites identified in the PA/SI as potential threats to human health or the environment receive a comprehensive investigation called an RI/FS. Any RI/FS prepared by a DLA activity will be consistent with the EPA's Guidance for Conducting Remedial Investigations and Feasibility Studies Under CERCLA. Under the RI/FS process, all contaminants and their migration pathways are defined, potential risks to public health and the environment are assessed, and a comprehensive, quantitative risk assessment is carried out. The RI serves as the mechanism for collecting data for site and waste characterization to evaluate the performance and cost of the treatment technologies and support the design of selected remedies. The FS serves as the mechanism for the development, screening, and detailed evaluation of potential remedial alternatives. The purpose is to evaluate the threat to public health before remedial actions, to develop cleanup performance goals, and to compare the health risks of the cleanup alternatives. Although many criteria are to be used in selecting remedial actions, protection of public health and the environment is paramount (CERCLA 121 (d)). DLA PLFAs will conduct an RI/FS at both NPL sites and non-NPL sites in accordance with EPA guidelines. CERCLA requires an RI/FS be commenced within 6 months of a site being listed on the NPL. The RI/FS is considered to be commenced when a notice is provided to the appropriate regional EPA office that a contract to conduct the RI/FS has been awarded. RI/FSs at non-NPL sites will be accomplished as expeditiously as possible in accordance with DoD priorities.

(j) Elements of the RI. The RI is the mechanism for collecting data to characterize site conditions, determine the nature of the waste, and assess the risk to human health and the environment. The RI and the FS are conducted concurrently and data collected in the RI influences the development of remedial alternatives in the FS. Upon initiation of the RI, it is appropriate for the PLFA project manager to establish a Technical Review Committee as discussed in subparagraph a(2)(q) below, and an Administrative Record as discussed in subparagraph a(2)(o) below. The primary elements of the RI are Scoping and Site Characterization. The following is an outline of the scoping process:

SCOPING

Purposes		Describe type and content of studies needed to undertake response actions Determine need for removal actions Determine appropriate response mechanisms and authorities Identify preliminary RI/FS study area Set priorities for implementation of removal actions, operable units and RI/FS phases
End Points		Site characterization Development of alternatives Removal actions Operable units
Tasks		Prepare Work Plan, Prepare Sampling and Analysis Plan, Prepare Health and Safety Plan, Prepare Community Relations Plan, Determine preliminary ARARs, Begin to formulate likely remedial alternatives
Documentation		Work Plan Sampling and Analysis Plans, Health and Safety Plan, Community Relations Plan, Statement of Work for RI/FS phases
Project Manager		Establish local information repository and administrative record Establish Technical Review Committee Request preliminary state ARARs

The following is an outline of the Site Characterization process:

SITE CHARACTERIZATION

Purposes		Determine extent of threat to human health or the environment. Provide basis for determining types of response actions to be considered
End Points		Additional field investigations, Development of alternatives (may be concurrent)
Tasks		Implement Sampling and Analysis Plan Redefine RI/FS study area Review ARARs Initiate baseline public health evaluation Scoring for Defense Prioritization System

(k) Elements of the FS. The FS is the mechanism for the development, screening, and detailed evaluation of alternative remedial actions. Key elements of the FS are the Development of Alternatives, Screening of Alternatives, and the Detailed Analysis of Alternatives. Field investigation to obtain further site characterization data may also occur during this process. The following is an outline of Development of Alternatives:

DEVELOP ALTERNATIVES

Purposes		Determine need for remedial action including the use of operable units Identify potential remedial action alternatives
End Points		Screen alternatives
Tasks		Identify potential treatment technologies Evaluate technologies Assemble suitable technologies into alternative remedial actions

The following is an outline of Screening of Alternatives:

SCREEN ALTERNATIVES

Purposes		Narrow list of potential remedial alternatives for detailed analysis
End Points		Field investigations Detailed analysis of alternatives
Tasks		Screen alternatives for: - Effectiveness - Implementability - Cost
Project Manager		Notify state of final alternatives for action specific ARARs

The following is an outline of Detailed Analysis of Alternatives:

DETAILED ANALYSIS OF ALTERNATIVES

Purposes		Evaluate alternatives for effectiveness, implementability, and cost Compare alternatives Solicit public and Federal and state regulatory agency comment
End Points		Selection of remedy
Tasks		Performance, reliability, implementability and safety evaluation Institutional requirements evaluation Public health evaluation Cost analysis Formulate preferred alternative Implement community relations requirements for draft Feasibility Study
Documentation		Draft Feasibility Study Environmental assessment Notice of Draft Feasibility Study Brief analysis of proposed plan and alternatives Transcript of public meeting Response to comments
Project Manager		Request state to finalize identification of ARARs

(l) Health Assessments. The Agency for Toxic Substances and Disease Registry (ATSDR) must perform a health assessment for each facility proposed for the NPL. It is expected that ATSDR will do this using available information from IR studies and from site visits. To the maximum extent possible, ATSDR must complete a health assessment before the completion of the RI/FS. Installations should cooperate with ATSDR by providing requested information. The results of ATSDR's analysis should be used in the RI/FS as appropriate. ATSDR health assessments will be funded by DLA-WE with DERA funds.

(m) Record of Decision (ROD). A ROD must be prepared for both NPL and non-NPL sites to document the decision making process whenever remedial action or no action alternative is selected. The activity will prepare a ROD in coordination with DLA-WE at the conclusion of an RI/FS. The Head of the Activity must carefully review the proposed ROD and the administrative record. The PLFA must provide reasonable opportunity for public review and comment before adoption of any plan for remedial action. Any significant comments, criticisms, and new data submitted by the public should be responded to by the activity and be made available to the public before commencement of any remedial action. For NPL sites, the ROD is forwarded to the EPA region for concurrence. If no agreement can be reached on selection of a remedial action for NPL sites with EPA, then selection is by the EPA Administrator (CERCLA 120 (e)). As the lead agency for DLA activities under Executive Order 12580, DLA has final decision authority for non-NPL sites, as long as all "applicable, relevant and appropriate" Federal and state standards were taken into account. However, if state superfund laws exist, they must be complied with under CERCLA 120 (a)(4). The following is a summary of the selection of the remedy:

SELECTION OF REMEDY

Purposes		Select remedial action
End Points		No action Interagency Agreement (NPL sites) Remedial design Operable units
Tasks		Select remedial action
Documentation		Documentation Record of Decision including responses to comments Notice of ROD availability

(n) Remedial Design/Remedial Action. After the record of decision has been signed, remedial design and remedial action should be commenced. For NPL sites, Federal activities must commence "substantial continuous physical onsite remedial action" not later than 15 months after completion of the RI/FS (CERCLA 120 (e)). This means actual full-scale drilling, excavation, or construction, not merely contract award or groundbreaking. Remedial actions should be completed as expeditiously as possible, whether at NPL or non-NPL sites.

(o) Administrative Record. Federal facilities must establish an administrative record for all IR sites. This forms the basis for the Head of the Activity to make a selection of a response action. The administrative record must be made available to the public at or near the facility at issue (CERCLA 113 (k)). In any judicial action under CERCLA, a court will look at the administrative record to determine whether DLA's decision in selecting a response action was arbitrary or capricious. Unless the objecting party can demonstrate, based on the record, that the decision was not based on an adequate record, was "arbitrary and capricious," or otherwise not in accordance with the law (CERCLA 113 (j)), the decision will be upheld. DLA activities will establish and maintain the administrative record and send copies and updates to the state and EPA. Activities must ensure that the administrative record is available to the public. QA/QC'd raw data (e.g., results of QC runs, chromatograms, mass spectra) and chain of custody forms are part of the record and available to the public, but need not be in the same physical location as the record in the regional office or in the information repository at or near the site. Guidance documents and technical sources may be kept in a central compendium by the docket clerk. They need not be in each site-specific record. The index to the record should reference titles of relevant guidance documents and technical sources. The following are the type of records that should be included in an administrative record:

a. Documents for Removal Actions

- QA/QC'd raw data

- Removal Preliminary Assessment Report

- Site Investigation Report

- Any other factual data relating to reasons why a particular removal action at the site was selected

- Chain of custody forms

- Engineering evaluations

- Cost analysis documents

- Final data summary sheets of technical models used to evaluate the site

- ATSDR health assessment (draft versions not included)

- Memoranda on major site-specific policy and legal interpretations (e.g., offsite disposal availability, compliance with other environmental statues, special coordination needs), (e.g., dioxin provisions for state participation)

- Assumption of post-removal site control

- Information from telephone logs relied on in selecting response

- New technical information presented by PRPs during negotiations

- Guidance documents and technical sources

- Community Relations Plan

- Public comments, if any

- Responses to significant comments

- Copies of any notices, including notices to PRP, states, Natural Resources Trustees, notices of availability of information

- Documentation of meetings during which the public and PRPs present information upon which the Agency bases its decision on selection of a removal action (may be after-the-fact restatement of issues raised)

- Administrative Orders

- Consent decree(s), comments and responses to comments on the consent decree

- Affidavits or other sworn statements of expert witnesses

- Documentation of opportunity for consultation with the state on the scope of the removal action; comments from state, if any, and responses to substantive comments

- Index of documents in the record b. Documents for Remedial Actions

- Preliminary Assessment Report

- Site Investigation Report

- Any relevant removal documents (if removal action completed or ongoing at site

- QA/QC'd raw data

- Data summary sheets (usually part of the FS)

- Chain of custody forms

- Quality Assurance Program Plan (QAPP)

- Initial work plan and any amendments thereto

- RI/FS (final deliverable released for public comment)

- Any other factual data relating to reasons for selecting the remedial action at the site

- Memoranda on site-specific major policy and legal interpretations, (e.g., offsite disposal availability)

- Information from telephone logs relied on in selecting response

- Guidance documents and technical sources

- Community Relations Plan

- Proposed plan and brief analysis of plan

- Feasibility Study (final deliverable released for public comment)

- Endangerment Assessment or other public health assessment

- ATSDR Health Assessment (draft versions not included)

- Copies of any notices, including notices to PRPs, states, Natural Resources Trustees, notices of availability of information

- Public comments (including a late comments section)

- Documentation of meetings during which the public and PRPs present information upon which the Agency bases its decision on selection of a remedial action (may be after-the-fact restatement of issues raised)

- New technical information presented by PRPs during negotiations

- Documents relating to state involvement (e.g., ARAR determinations, opportunity to comment on screening of alternatives, FS, proposed plan, selected remedy)

- Responses to substantive comments

- Transcript of required public meeting(s) on the proposed plan

- Record of Decision (ROD), including statement of basis and purpose of selected action; summary of alternatives considered; an explanation of why the preferred alternative was chosen; explanation of any statutory preferences under Section 121(b) of CERCLA not met; explanation of significant differences between the Proposed Plan and ROD

- Amendments to the ROD, information which caused decisions to be changed, comments and responses to those comments

- Relevant documents generated during a RCRA corrective action proceeding at the site, if applicable

- Interagency Agreements, comments and responses to comments

- Affidavits or other sworn statements of expert witnesses

- Index of documents in the record

- Consent decree(s), comments and responses to comments

(p) Retention of Records. CERCLA 103 (d) requires that any person who must provide notice of releases under Section 103 (c) of CERCLA must also retain records of the facility and any hazardous substance contained or deposited in the facility for 50 years after the Act was enacted (2030), or for 50 years after the record was established, whichever is later. The records must include information on the location, title, and condition of the facility and the identity, characteristics, quantity, origin or condition (including containerization and previous treatment) of any hazardous substances contained or deposited on the facility. It is unlawful for anyone to destroy, mutilate, conceal, or falsify such records. EPA is authorized to promulgate rules and regulations with respect to the records that should be retained, but has not done so to date. Pending any future guidance, each installation should retain the appropriate records for at least the statutory time period or apply to EPA for appropriate waivers. Costs for maintaining these records will come from activity operating funds.

(q) Technical Review Committee. The Head of the Activity must establish a Technical Review Committee (TRC) to disseminate information on IR actions and proposed actions, whenever possible and practical. The function of the TRC is to maintain a dialogue with concerned regulatory agencies, public interest groups and individuals, regarding the progress of the studies and ultimate cleanup. Invitations for participation should be sent to EPA, which is required to provide representation. Appropriate state and local agencies and appropriate public representatives of the community involved should also be invited (SARA 211). Generally, this will require that a technical review committee be formed at each activity with IR sites. Committee membership will facilitate aspects of the IR process, such as regulatory involvement and public participation.

(r) Community Relations Program. An active public information program will be implemented at the activity level for all IR sites and a formal written community relations plan will be prepared by each activity that has a site listed on the NPL. Community relations programs may also be established as considered necessary at non-NPL sites where community interest is anticipated. Programs will conform with community relation program guidance as published by EPA. The activity shall initiate and continue with the public information program throughout the life of the IRP at the activity. FLS-WE will be kept informed of all public affairs actions taken by the activity.

c. Defense Environmental Restoration Account (DERA) Management Guidance. DLA competes with the Services for available DERA funds on an annual basis. DLA receives its share based on identified funding requirements and a determination of priorities by DoD. The DLA Office of Installation Services and Environmental Protection, DLA-W, serves as Executive Program Manager for the DERP and will review all requests for DERA funds from DLA PLFAs and PSEs to determine whether the projects are eligible for DERA funding.

(1) Background. The Defense Environmental Restoration Program (DERP) provides centralized management for the cleanup of DoD hazardous waste sites consistent with the provisions of CERCLA/SARA and the NCP and Executive Order 12580. The goals of the DERP are stated in 10 USC 2701 and consist of the following:

(a) The identification, investigation, research and development, and cleanup of contamination from hazardous substances, pollutants and contaminants.

(b) Correction of other environmental damage (such as detection or disposal of unexploded ordnance) which creates an imminent and substantial endangerment to the public health or welfare or to the environment.

(c) Demolition and removal of unsafe buildings and structures, including buildings and structures of the DoD at sites formerly used by or under the jurisdiction of the Secretary of Defense.

(2) Executive Program Manager. DLA-W serves as the DLA Executive Program Manager for the DERP. Responsibilities include:

(a) Develop implementing instructions and management guidance for the DERP consistent with DoD policy. Monitor execution of the program.

(b) Prepare, submit, defend, and monitor execution of the budget consistent with OSD guidance and Defense appropriation language.

(c) Consult with DLA PLFAs regarding selection of preferred alternatives for remedial action at sites and execution of records of decision and comparable documents.

(d) Conduct studies and take action to prevent long-range environmental problems for which restoration would be required. This shall include, but not be limited to, waste reduction/minimization initiatives, and research, development and demonstration (RD&D) efforts with respect to hazardous waste.

(e) Identify funding requirements in each DERP sub-element and make determinations regarding their eligibility consistent with OSD policy guidance.

(f) Ensure coordination of program activities with the EPA and state agencies.

(g) Ensure that actions necessary to protect human health and the environment are taken prior to property transfer from the U.S. to any other person or entity in accordance with CERCLA, Section 120(h).

(h) Delegate functional authority to execute the DERP consistent with DoD guidance and this manual.

(3) Program Sub-elements and Priorities. The DERP is comprised of three prioritized sub-elements: Installation Restoration (IR), Other Hazardous Waste Operations (OHW) and Building Demolition and Debris Removal (BD/DR). All DERP requirements are assigned to a sub-element (IR, OHW, BD/DR) and priority ranking category (A, B, etc.), and within each category are ranked in descending order of precedence. These are further described below. Each sub-element has separate priority categories and is funded independently. DLA-W will adhere to these priorities to the maximum extent possible when selecting requirements for funding.

(4) DERA Priorities. The following priorities are established for IRP activities. In general, Priority A work should be funded before Priority B and C work. DLA-W will review annual work plans and develop a proposed budget which includes a mix of activities among the three priority levels, since some Priority B and C work must be funded.

IRP Priority A

o Removal actions upon discovery of an imminent threat due to hazardous or toxic substances or unexploded ordnance (UXO);

o Interim actions and stabilization measures taken to prevent site deterioration and achieve life cycle cost savings;

o Remedial Investigations/Feasibility Studies (RI/FS) at sites listed or proposed for listing on the National Priorities List and Remedial Designs/Remedial Actions (RD/RA) necessary to comply with CERCLA.

IRP Priority B

Other RI/FS and RD/RA work. (Includes response actions at solid waste management units which meet the definition of past disposal sites under CERCLA/SARA.)

IRP Priority C

Pre-remedial work for discovery and notification programs; inventory programs; non-site specific work, such as program management, RD&D of innovative and cost effective cleanup technology.

(5) Other Hazardous Waste Programs. This sub-element provides funds for hazardous waste reduction equipment, process changes, and other hazardous waste minimization initiatives; for RD&D of hazardous waste minimization technology, including UXO detection and range clearance; and for other one-time environmental restoration expenses related to the cleanup of contamination from hazardous substances. Operation and maintenance costs properly chargeable to base operations support are excluded. Environmental restoration program funds for implementing DoDD 4210.15, Hazardous Material Pollution Prevention, will be eventually phased out because of the integration of hazardous material management into DoD mission programs. Office of Management and Budget Circular A-106 forms shall be used to identify funding requirements.

OHW Priority A

o Procurement of equipment and conduct of studies for hazardous waste minimization that have broad DLA-wide applicability or substantially reduce waste within DLA; including data collection, training and technology transfer efforts in support of hazardous waste minimization. o Studies and support for toxicological data collection and methodology on risk exposure of hazardous waste generated by the DoD.

OHW Priority B

RD&D of hazardous waste management, treatment or disposal methods; including hazardous waste minimization (10 USC 2702).

OHW Priority C

DoD support to the Agency for Toxic Substances and Disease Registry for toxicological profiles for unregulated hazardous substances commonly found on DoD installations and DoD support to EPA for health advisories concerning drinking water contaminants, beyond that required by statute.

OHW Priority D

RD&D of UXO detection and range clearance technology.

OHW Priority E

Other OHW requirements not classified by the above categories.

(6) Building Demolition/Debris Removal Program. Includes demolition and removal of unsafe buildings or structures at current installations and at formerly-owned or used properties. This is the lowest priority for DERA funds.

(7) Defense Priority Model (DPM) and Defense Priority System (DPS). During FY 1989, DoD made improvements to the DPM based on comments received from regulatory agencies. The DPM will be used by DoD to assess the relative risk to human health and the environment of sites which are ready for Remedial Design/Remedial Action (RD/RA) under the IRP. PLFAs shall score all sites for which RD/RA (including interim actions taken during or post-RI/FS) could be executed during the upcoming fiscal year using the procedures described in "Defense Priority Model User's Manual." Prior to the start of each fiscal year, PLFAs should develop and provide to DLA-WE a list of executable RD/RA projects based on DPM site scores. The list should include the cost (for that fiscal year) for each project, and proposed amounts to be funded/unfunded under target funding levels. Lists will be reviewed by ODASD(E) and funding priorities will be determined jointly by the DASD(E) and Executive Program Managers.

(8) Military Construction (MILCON). Hazardous waste cleanup projects which, because of the type of work involved, are classified as military construction should be programmed and budgeted for in the normal military construction account. In those cases where use of normal military construction procedures will result in a substantial danger to public health, welfare or the environment, the project may be proposed for funding in DERP. These written requests should be submitted to DLA-W and be accompanied by: The justification for and current estimate of the cost of the project. The justification for carrying out that project under the DERP. These requests will be made only for current year DERP funding, since the budget year funding should be accommodated in the normal military construction budget process.

(9) Compliance with the National Environmental Policy Act (NEPA). Unless special circumstances exist, DLA activities which are providing public notices and obtaining public comment on proposals in accordance with a community relations program need not also prepare environmental assessments or environmental impact statements of such proposals as set forth in DLAR 1000.22, Environmental Considerations in DLA Actions in the United States.

(10) Activities Eligible for DERP

(a) Installation Restoration Program:

(1) Investigations to identify, confirm and determine the risk to human health and the environment; feasibility studies; remedial action plans and designs; and removal or remedial actions.

(2) Research, development, and technology demonstrations necessary to conduct cleanups.

(3) Expenses associated with cooperative multiparty cleanup plans and activities.

(4) Remedial actions to protect or restore natural resources damaged by contamination from past hazardous waste disposal activities.

(5) Cleanup of low-level radioactive waste sites which have been identified as IRP sites.

(6) Management expenses associated with the IRP, including civilian salaries and training.

(7) Operation and maintenance costs for the first 10 years of operation of remedial systems and monitoring systems.

(8) Immediate actions necessary to address health and safety concerns, such as providing alternative water supplies or treatment of contaminated drinking water, when the hazard results from a release from DoD property.

(9) Studies to locate underground tanks not used since January 1984 and activities to determine actual or potential contamination.

(10) Cleanup of contamination believed to be harming human health or the environment resulting from tanks not used since January 1984, unless such cleanup is incidental to tank replacement.

(11) Cleanup of contamination believed to be harming human health or the environment resulting from tank leaks which occurred prior to 1 March 1986, unless the cleanup is incidental to tank replacement. Components must have evidence that tanks were leaking prior to 1 March 1986. Note: Beginning in FY 92, components should program cleanups for currently operating tanks in other appropriations.

(12) CERCLA response actions necessary prior to base closure, realignment, or excess of real property assets.

(13) Response actions at solid waste-management units which would meet the definition of a past disposal site under CERCLA/SARA.

(14) Studies and support for RD&D of innovative and cost effective technologies for cleanup of hazardous waste sites, for DoD-unique wastes or other techniques widely applicable to DoD.

(15) Response actions at third party sites where DoD is in receipt of a Potentially Responsible Party (PRP) letter.

(16) State support services provided in accordance with a signed Interagency Agreement or a Cooperative Agreement under a DoD/State Memorandum of Agreement (DSMOA).

(11) Other Hazardous Waste Operations:

(a) Procurement of equipment and conduct of studies to minimize hazardous waste generation that have broad DLA-wide applicability or substantially reduce wastes at a single PLFA.

(b) Data collection, training, and technology transfer efforts which support waste minimization.

(c) Research, development, studies, and technology demonstrations related to hazardous waste minimization, recycling, treatment or disposal needs.

(d) Studies and support for toxicological data collection and methodology on risk of exposure to hazardous wastes.

(e) Studies and support for commonly found unregulated hazardous substances by HHS (ATSDR) and for DoD Health Advisories by the EPA.

(12) Building Demolition and Debris Removal:

(a) The demolition of buildings or the removal of debris which constitute a safety hazard on lands formerly used by the DoD, provided such lands were transferred to state or local governments or native corporations.

(b) The demolition of buildings or the removal of debris which constitute a safety hazard on active installations.

(c) Expenses incident to complete restoration, such as restoration of natural resources, are included if such expenses are clearly and directly related to the demolition and debris removal.

g. Activities Not Eligible for DERP

(1) Closing or capping sanitary landfills unrelated to a hazardous waste cleanup action.

(2) RCRA closures which are associated with current waste generation and disposal facilities do not meet the definition of a response action under CERCLA/SARA.

(3) Construction of hazardous waste storage, transfer, treatment or disposal facilities, except when part of a CERCLA/SARA response action.

(4) Demolition or debris removal as part of a new construction project.

(5) Testing or repair of active underground tanks.

(6) Costs of replacing leaking underground tanks.

(7) Cleanup of contamination believed to be harming health or the environment resulting from underground tanks in use after January 1984, unless there is evidence that contamination occurred prior to 1 March 1986.

(8) Costs of testing, storing, disposing or replacing PCB transformers.

(9) Costs of asbestos surveys, containment, removal or disposal, except where incidental to a DERP response action.

(10) Costs of recurring service contracts for waste reduction/minimization.

(11) Costs of spill prevention and containment measures for currently operating equipment and facilities.

(12) Cleanup costs of spills covered or required to be covered by spill prevention, containment and countermeasures (SPCC) plans.

(13) Costs of operation, maintenance or repair to hazardous waste treatment, storage, or disposal facilities which are currently in use.

(14) Costs of hazardous waste disposal operations, including associated management and operational costs, except when part of a DERP response action.

(15) Overseas Environmental Restoration activities.

(16) State support services prior to 17 October 1986, past state costs not reasonably documented, and state services in support of non-Environmental Restoration Program funded cleanup activities.