Ordnance and Explosives Emergency Response at a CERCLA Site: An Environmental Compliance Perspective

Abstract

AbstractThe management of ordnance and explosives (O/E) at military installations has traditionally been based on the premise that worker and community safety are paramount. While the Department of Defense (DOD) has a well‐defined collection of safety regulations and guidance documents for O/E recovery operations, the status of these operations with respect to federal and state environmental laws is somewhat complex. The U.S. Environmental Protection Agency's (EPA's) Military Munitions Rule, promulgated in 1997, defined when these items were legally considered to become a solid, potentially hazardous waste. The DOD/EPA document titled Unexploded Ordnance (UXO) Management Principles, dated March 7, 2000, clarified some of the complexities.Ordnance and explosives recovery operations at Rocky Mountain Arsenal (RMA), a Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) site in Colorado, present a unique application of existing rules. CERCLA allows for the substantive elements of applicable or relevant and appropriate regulations to be invoked in the conduct of response operations. This article addresses how a risk‐based approach has been developed to handle emergency scenarios involving O/E discovered in the process of a CERCLA response action. RMA personnel have taken the Resource Conservation and Recovery Act (RCRA) emergency response authorities, the Military Munitions Rule, and Departments of Army and Defense regulations and guidance and crafted a set of emergency response protocols that incorporate relevant regulations, protect human health and the environment, and satisfy the regulatory agencies. This article represents the approach taken at RMA and does not necessarily represent a valid approach at other installations. It is intended to provide readers with information and references that may be useful in developing their own set of site‐specific procedures. It should be noted that the DOD is reviewing and potentially revising materials referenced in this article. The approach described in this article may require amendment when modifications to DOD policy are made. © 2002 Wiley Periodicals, Inc.