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[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Proposed Rules]
[Pages 27460-27463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12628]

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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 203

Technical Assistance for Public Participation

AGENCY: Department of Defense, Office of the Deputy Under Secretary of 
Defense for Environmental Security (DUSD(ES)).

ACTION: Notice of request for comments.

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SUMMARY: Consistent with section 326 of The National Defense 
Authorization Act for Fiscal Year 1995 (NDAA-95), the Department of 
Defense intends to publish interim rules for providing technical 
assistance funding to citizens affected by the environmental 
restoration of Department of Defense facilities. This request for 
comments discusses and solicits comments on several options the 
Department of Defense is considering for providing assistance to 
community members of Technical Review Committee (TRCs) and Restoration 
Advisory Boards (RABs) to obtain technical advisors and facilitate the 
participation of these members and affected citizens in environmental 
restoration activities at their associated installations. The 
Department of Defense will consider these comments in formulating an 
Interim Final Rule.

DATES: Written comments must be received on or before July 24, 1995.

[[Page 27461]] ADDRESSES: Send written comments to the Office of the 
Deputy Under Secretary of Defense for Environmental Security/Cleanup, 
3400 Defense Pentagon, Washington, DC 20301-3400.

FOR FURTHER INFORMATION CONTACT: Patricia Ferrebee or Marcia Read, 
telephone (703) 697-7475.

SUPPLEMENTARY INFORMATION: Today's request for comments has the 
following sections:

I. Background
II. Options for Providing Assistance
III. Requests for Comments

I. Background

    The Department of Defense is engaged in environmental 
investigations, removal actions, treatability studies, community 
relations efforts, interim remedial actions, cleanups, and operation 
and maintenance activities at approximately 1800 active installations, 
70 closing installations, and 2200 formerly utilized defense properties 
in the United States under the Defense Environmental Restoration 
Program (DERP, 10 USC Chapter 160).
    The Department of Defense has issued policy for establishing 
Restoration Advisory Boards (RABs) at all installations. On September 
9, 1993, the Department of Defense issued policy for establishing RABs 
at installations designated for closure or realignment under Base 
Realignment and Closure (BRAC) Acts of 1988 and 1990 where property 
will be available for transfer the community. On April 14, 1994, the 
Department of Defense issued RAB policy for non-closing installations 
as part of Management Guidance for Execution of the FY94/95 and 
Development of the FY96 Defense Environmental Restoration Program. The 
policy called for the establishment of RABs at Department of Defense 
installations where there is sufficient, sustained community interest. 
Criteria for determining sufficient interest are: (1) A government 
requests that a RAB be formed; (2) fifty local residents sign a 
petition requesting that a RAB be formed; or (3) an installation 
determines that a RAB is needed. On September 27, 1994, the Department 
of Defense and the Environmental Protection Agency (EPA) issued joint 
RAB guidelines on how to develop and implement a RAB. The guidelines 
are now in effect for all installations.
    The purpose of a RAB is to bring together people who reflect the 
diverse interests within the local community, enabling the early and 
continual flow of information between the affected community, the 
military installation, and environmental oversight agencies. The 
Department of Defense has established, or is in the process of 
establishing, RABs to ensure that all stakeholders have a voice and can 
actively participate in a timely and thorough manner in the review of 
environmental restoration activities and projects at an intallation. 
RAB community members provide advice as individuals to the decision-
makers on restoration issues. This forum is used for the expression and 
careful consideration of diverse points of view. The RAB complements 
other community involvement efforts, but does not replace them.
    On October 5, 1994, Congress passed the National Defense 
Authorization Act for Fiscal Year 1995 (NDAA-95, Public Law 103-337), 
which contained specific provisions for RABs (amending 10 USC 2705 
which contains requirements for Technical Review Committees (TRCs) 
under the Superfund Amendments and Reauthorization Act). Section 326(a) 
[Section 2705(d)(2)] of the NDAA-95 requires the Secretary of Defense 
to prescribe regulations on the characteristics, composition, funding, 
and establishment of RABs. Section 326(b) of the NDAA [Section 
2705(e)(2)(C)] authorizes the Department of Defense to make funds 
available to community members of TRCs and RABs to: (1) Obtain 
technical assistance in interpreting scientific and engineering issues 
with regard to the nature of environmental hazards at an installation 
and the restoration activities proposed for or conducted at the 
installation; and (2) assist such members and affected citizens to 
participate more effectively in environmental restoration activities at 
the installation. Section 326(b) [Section 2705(e)(3)(A) and (B)] 
specifies that funds for community members of TRCs and RABs at closing 
and non-closing installations be provided from the BRAC and Defense 
Environmental Restoration Account (DERA), respectively, and that the 
total amount of funds from these accounts not exceed $7,500,000. This 
paragraph [Section 2705(e)(2)(B) and (C)] further states that funding 
can be given to TRC and RAB members only if they reside in the vicinity 
of the installation and are not potentially responsible parties.
    The Department of Defense has developed a number of options for 
providing technical and public participation assistance to community 
members of TRCs and RABs. The Department of Defense is issuing this 
request for comments to notify the public of its efforts, and to 
solicit comments on a number of promising funding options. The 
Department of Defense will publish an interim rule specifying available 
funding mechanisms after considering any comments received.

II. Options for Providing Assistance

    The Department of Defense is seeking to provide technical and 
public participation assistance to community members of TRCs and RABs 
at its facilities in the most efficient manner. Technical assistance 
under this program means the provision of technical advisors, 
facilitators, mediators, and educators. Public participation assistance 
means the provision of training and related expenses. Three options are 
being considered for providing expeditious assistance to TRCs and RABs. 
These options are described separately in the following sections, but 
are not mutually exclusive.

Option A: Use EPA TAG and TOSC Mechanisms

    This option for providing assistance to community members of TRCs 
and RABs at Department of Defense facilities involves the use of 
existing vehicles under EPA's Technical Assistance Grant (TAG) and 
Technical Outreach Services to Communities (TOSC) program. The TAG 
program provides funds for qualified citizens' groups affected by a 
site on EPA's National Priorities List (NPL) to hire independent 
technical advisors to help interpret and comment on site-related 
information. Under this option, the Department of Defense and EPA would 
sign a Memorandum of Understanding (MOU) authorizing EPA to provide 
additional assistance to community organizations subject to existing 
TAG regulations. EPA Regional TAG specialists would provide outreach to 
community members of TRCs, RABs, or other members of the community 
desiring technical assistance and would assist them throughout the 
application process and during the post-award administration phase. The 
Department of Defense would reimburse EPA for all awarded TAGs at 
Department of Defense facilities. Under this option, community members 
at NPL installations would obtain funds directly for technical 
assistance. Under this option, the TAG regulations published in the 
Federal Register on October 1, 1992, page 45311 through 45321, and 
recorded in 40 CFR Part 35, Subpart M, would be followed. These 
regulations allow for one TAG award per NPL facility but would not 
preclude the same community group from applying for additional 
technical assistance.
    The TOSC is a pilot program funded by EPA to provide communities 
affected by hazardous waste sites with a variety of technical support 
services. The TOSC [[Page 27462]] program complements EPA's TAG program 
by serving as a mechanism for providing technical assistance to 
communities near non-NPL hazardous waste sites. The TOSC program 
provides services to communities through five geographically-based 
Hazardous Substance Research Centers (HSRCs) created in 1986. Each HSRC 
is a consortium of universities which supports two EPA Regions (i.e. 
Regions 1&2, 3&4, 5&6, 7&8, 9&10). Each HSRC provides independent 
technical resources and services that are flexible and tailored to the 
identified needs of a community. HSRC researchers and professionals are 
available to conduct technical and educational programs in a community, 
assist in the review of technical documents, provide comments on 
proposed actions, and answer questions. Under this option, the 
Department of Defense and EPA would sign an MOU that makes the TOSC 
program available to community members of TRCs, RABs, and other 
community groups through EPA Superfund Regional Community Relations 
Staff. EPA Regional Community Relations Staff would provide outreach 
near a Department of Defense facility to community members desiring 
TOSC support, would review proposals for assistance from community 
members, and would work with them throughout the approval and post-
approval process. The Department of Defense would reimburse EPA for 
TOSC service rendered. Under this option, community members of TRCs and 
RABs at non-NPL installations would obtain technical advisors and 
related services from designated HSRCs.

Option B: Procure One or More Technical Assistance Providers

    This option would involve the competitive procurement of one or 
more independent technical assistance providers to provide technical 
and public participation assistance to community members of TRCs and 
RABs at Department of Defense facilities. This assistance would be 
above the administrative support to TRCs and RABs already provided by 
the installations. One or more technical assistance providers would 
provide this assistance and would carry out many of the administrative 
and financial management requirements associated with a technical and 
public participation assistance program. An announcement, a procurement 
for technical assistance providers, would be made via the Federal 
Register in conjunction with the publication of the Interim Final Rule 
mentioned in Section I. Actual awards to one or more qualified 
technical assistance providers would be made via grants or cooperative 
agreements based on the results of an independent selection process. 
Recent experience with a similar grants process in the Department of 
Defense suggests that this option will involve a five or six month 
procurement process beginning with a formal announcement of a 
competition in the Federal Register and ending with awards to technical 
assistance providers.
    At a later date, the Department of Defense plans a Federal Register 
announcement requesting expressions of interest to serve as a technical 
assistance provider. As indicated in that announcement, the technical 
assistance provider would provide technical assistance and public 
participation assistance to community members of TRCs and RABs. The 
provider would be responsible for receiving, evaluating, and making 
recommendations on applications from RABs for support and for providing 
the applications to the appropriate DoD approving official based on DoD 
established criteria. Once the approving official has selected the 
applications, the technical assistance provider would assume full 
responsibility for ensuring that the technical services and public 
participation support provided are delivered in a timely and effective 
manner to community members of TRCs and RABs, and that all funds are 
managed and dispersed in full compliance with appropriate Department of 
Defense regulations. The technical assistance provider would be 
responsible for supporting TRC and RAB requests nationwide or within a 
particular geographic area. Minimum qualifications for a technical 
assistance provider are:
    (1) Perceived as neutral and credible.
    (2) Either have or be able to obtain an interdisciplinary staff 
with demonstrated expertise in hazardous substance remediation, 
investigation, management and/or research.
    (3) Management capability, for both financial and scientific 
management, and a demonstrated skill in planning and scheduling 
projects of comparable magnitude to that discussed in this 
Announcement.
    (4) Ability to provide facilitation and mediation services.
    (5) Knowledge and experience in environmental restoration 
activities preferably at federal facilities.
    (6) A demonstrated ability to disseminate results of hazardous 
substance information through an interdisciplinary program to locally 
affected and concerned citizens.
    (7) The ability to perform the required tasks either nationally or 
within a defined geographic area.
    (8) Not-for-profit.
    Under this option, community members of TRCs and RABs would be 
responsible for making requests to the community co-chair or designated 
members of the TRC or RAB responsible for applying to the designated 
technical assistance provider for assistance and for preparing facility 
specific statements describing the type and level of support requested. 
The technical assistance provider would be responsible for allocating 
available resources among these competing requests using general 
guidelines and established criteria provided by Department of Defense.

Option C: Issue Purchase Orders to Assistance Providers

    This option would involve the issuance of purchase orders to 
technical and public participation assistance providers up to the 
allowable government purchase limit per purchase order (now at 
$25,000). If multiple purchase orders were needed to assist community 
members of a particular TRC or RAB, the combined sum of these purchase 
orders could not exceed a specified allotment. Qualified assistance 
providers would be selected by the community members of a TRC or RAB at 
each Department of Defense facility using guidelines provided by the 
Department of Defense. Under this option, community members of the TRC 
or RAB would provide a description of the services it is requesting to 
a Department of Defense contracting office, along with a cost estimate, 
and would identify the assistance provider and the provider's statement 
of qualifications. A minimum set of organizational qualifications for 
receiving a purchase order would be specified under this option by the 
Department of Defense. These qualifications would be promulgated as 
part of an Interim Final Rule.
    Under all options described in the preceding sections, the local 
installations will continue to be responsible for providing 
administrative support in accordance with joint EPA and Department of 
Defense Restoration Advisory Board Implementation Guidelines issued 
September 27, 1994.
III. Requests for Comments

    Today the Department of Defense solicits comments on the options 
for providing technical and public participation assistance to 
community members of RABs or TRCs. Each of the options described in 
Section II of this notice have strengths and weaknesses. 
[[Page 27463]] Option A is the most timely option with the advantage of 
using existing EPA mechanisms to provide support, but also has the 
attached limitations of the TAG and TOSC programs as to the type of 
support which could be provided. Option B would procure independent 
technical assistance providers for the program and would relieve 
community members of TRCs and RABs of much of the administrative burden 
associated with managing government grants; however, it requires the 
time needed for a competitive procurement and does not provide the 
funds directly to community members of TRCs and RABs. Option C allows 
greater control and flexibility by community members, but imposes 
greater administrative burdens on community members of TRCs and RABs 
and on the contracting office issuing the purchase order. The 
Department of Defense is interested in determining the opinions of 
affected citizens and groups on these options. This would include 
preferences for particular options over others. It would also include 
comments on the individual options and the components of those options 
as described in Section II. There also exists the possibility of 
combining one or more of the Section II options. The Department of 
Defense solicits any comments or suggestions regarding option 
combinations. The Department of Defense also solicits comments on 
specific aspects of each option as well as on additional options 
desired to provide for technical and public participation assistance.
    Within the options are specific items for which the Department of 
Defense solicits comments. These include the qualifications given for 
the independent technical assistance providers described in Option B. 
Comments on either the list of qualifications provided or on additional 
qualifications which should be added are encouraged. Both Options A and 
B have provisions for the division of the country into geographic areas 
with different service providers for each area. Do those commenting 
have preferences regarding nationwide versus regionalized coverage by 
service providers for these options? All options will be subject to an 
allotment cap. Do those commenting have suggestions as to the size of 
such a cap or the criteria which should be use to establish a cap? The 
Department of Defense has developed a list of public participation 
services it believes should be provided under Options B and C in 
addition to hiring technical advisors, facilitators, mediators and 
educators. These services are: translation and interpretation; 
training; transportation to meetings; and payment of approved travel. 
Comments on these or other services to be included under Options B and 
C are encouraged.

    Dated: May 18, 1995.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-12628 Filed 5-23-95; 8:45 am]
BILLING CODE 5000-04-M
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