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Update on DOD Environmental Plans and Programming

Update on DOD Environmental Plans and Programming. John Conger, ADUSD (Installations & Environment), DOD Joint Meeting of the ECOS Federal Facilities and the ECOS-DoD Sustainability Work Group September 21, 2009. Since the Last Annual ECOS Meeting. New Administration with New Priorities

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Update on DOD Environmental Plans and Programming

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  1. Update on DOD Environmental Plans and Programming John Conger, ADUSD (Installations & Environment), DOD Joint Meeting of the ECOS Federal Facilities and the ECOS-DoD Sustainability Work Group September 21, 2009

  2. Since the Last Annual ECOS Meeting • New Administration with New Priorities • Those related to ECOS include • Energy, Climate Change, Sustainability • Transparency • Partnerships • New DoD Leadership in Place • Dr. Ashton Carter, USD (Acquisition, Technology and Logistics) • Dr. Dorothy Robyn, DUSD (Installations and Environment) • John Conger, ADUSD (Installations and Environment) • New Leadership for ECOS Federal Facilities and the ECOS-DoD Sustainability Work Group

  3. Today • Update on Issues of Interest to ECOS • Defense and State Memorandum of Agreement (DSMOA) Program • Military Munitions • Land Use Controls (LUCs) • Formerly Used Defense Sites (FUDS) • Potential Areas for ECOS Dialogue/Action • Uniform Federal Policy for Quality Assurance Project Plans • Anti-Degradation Issues (follows emerging contaminants efforts) • Renewable Energy Regulation

  4. Defense and State Memorandum of Agreement (DSMOA) Program Background Broad participation 54 State & territories DoD policy issued To re-establish Steering Committee and clarify eligibility of state activities (Dec 2008) Steering Committee met in May and Sept 2009: Prepared charter Identified issues – Dispute resolution Eligibility, Joint Execution Plans (JEPs) Issues Resolved or Process Exists to Resolve

  5. Military Munitions Response Program Background on Issues • Communication: • Participating in State-led Munitions Response Forum • Association of State and Territorial Solid Waste Management Officials (ASTSWMO) • Risk: • Land Use Controls • Site Inspection – Remedial Investigation Interim Safety Concerns • Additional Work After Response Complete • Sequencing of Response Actions: • Clarifying Roles • Protocol versus “Other Factors” • Underwater Munitions: • Environmental Impact • DERA eligibility • Cleanup? – how deep? • Many Issues Involved • Making Good Progress • Working with regulatory community thru the state-led Munitions Response Forum, ECOS and ASTSWMO we can resolve issues.

  6. Land Use Controls (aka LUCs) Background States and local laws govern land use and property transfer Uniform Environmental Covenants Act (UECA) Drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL) Likely to serve as springboard for future dialogue on transferring properties. • Continuing dialogue with states is key to achieve following goals: • Assess the LUC “state of play.” • Identify practical and innovative approaches to long-term management of LUCs. • Promote information sharing on effective approaches to LUC management. • Share intergovernmental tools for LUC management. 6

  7. Formerly Used Defense Sites Forum DoD plans to re-establish Forum in 2010 Proposed Forum participants: DoD, Army, EPA and States 5 regional meetings to identify and resolve site specific and technical issues 1 HQ workgroup to address policy issues • Background • Previously operated from 2001 – 2007 • ASTSWMO resolution on re-establishing the FUDS Forum • FY09 (actual) and FY10 (proposed) budgets 7

  8. Opportunities for Joint Dialogue & Action • Identified in August 2009 by ECOS leadership, ECOS staff and Senior DoD Staff • Uniform Federal Policy for Quality Assurance Project Plans • Anti-Degradation Issues (follows emerging contaminants efforts) • Others • Renewable Energy Regulations • Others? Lets Discuss!

  9. Uniform Federal Policy for Quality Assurance Project Plans Background • EPA and DoD adopted a process for developing quality assurance project plans (QAPP) at Federal environmental restoration sites. • Comprehensive planning document to ensure collection and sampling of environmental data meets its intended purpose. • Establishes consistency in project development and improves efficiency in regulator review. • After review, endorsement by ECOS could facilitate adoption by states and could improve cleanup at federal hazardous waste sites.

  10. Resolving Recurrent Anti-Degradation Issues • Need to reach consensus on conditions that may require a remedial action for a contaminant in groundwater. • Establish a working group to reach consensus on a common sense approach consistent with applicable laws Background • Emerging Contaminants (ECs) Task Group addressed “action triggers” and how to select toxicity values for addressing ECs • Tabled groundwater anti-degradation issue as its scope is greater than ECs • Issue: What triggers a remedial action for a contaminant in groundwater? • There are two schools of thought: • A remedial action is only triggered when the human health risk assessment indicates an unacceptable risk • A remedial action can be triggered by exceedence of a Maximum Contaminant Level (MCL) or anti-degradation law regardless of the risk assessment

  11. Sum Up • New Leadership • Opportunities • Need to figure out how to efficiently pursue joint dialogue and resolution on these issues • Other ideas?

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