bluuebunny/crossref_metadata_2025 huggingface dataset:
Supercritical oxidation in water and carbon dioxide
Authors: Kruse Andrea , Schmieder Helmut
Published: February 2007

Supercritical water oxidation (SCWO) is a promising technology for the incineration of hazardous compounds in aqueous solutions. Even though the entire oxidation process in carbon dioxide is still somewhat unknown, this would be the optimum way of completely oxidizing the hazardous compounds which are first extracted by supercritical carbon dioxide. Results of high‐pressure oxidation of model compounds (ethanol, methanol, toluene) in carbon dioxide compared to SCWO are reported. Such comparisons will help to clarify the role of the reaction medium in high‐pressure oxidation.

Under optimum conditions, oxidation in CO2 leads to the same excellent TOC conversion of more than 99.9% as in H2O for methanol and ethanol, and of more than 98% for toluene. Under certain conditions, a reaction mixture containing carbon dioxide ignites at a lower temperature than the comparable reaction mixture with water.
Hydrothermal oxidation of model molecules and industrial wastes
Authors: Cansell François , Beslin Patrick , Berdeu Bernard
Published: February 2007

The environmental regulation evolution and the increasing wastewater disposal costs led to a new concept for the complete destruction of toxic substances and sludges. Hydrothermal oxidation of wastes was developed as an alternative technique in order to limit the risks of secondary pollution.

After a brief presentation of previous works dealing with hydrothermal oxidation and supercritical water properties, results concerning two model molecules: methanol and glucose are presented. The oxidation kinetics of methanol is modeled and by‐products of glucose characterized.

Results concerning industrial wastes such as paper mill sludges, mechanical wastewaters and cutting oils are examined. The influence of various parameters controlling the trans‐formation such as pressure, temperature and residence time are investigated.
New developments in base‐closure law and regulation
Authors: Swenson Raymond Takashi
Published: February 2007

In an article appearing in this journal a year ago, the author predicted that each year would see additional changes in laws and regulations affecting the base‐closure and redevelopment process.1 This new article shows how that has been fulfilled with two new statutes and a revised regulation that will each have significant impacts on how military bases are converted to civilian use. These include: (1) the new law providing DOD funding and a statutory role for Restoration Advisory Boards in base cleanup, (2) revisions to the DOD regulations governing economic development conveyances of base property to Local Redevelopment Authorities (LRAs), and (3) the second major change to the McKinney Homeless Assistance Act in as many years, designed to reconcile aid to the homeless with economic redevelopment.
Federal facilities and release reporting under CERCLA section 103(a)
Authors: Rudolph Thomas E.
Published: February 2007

Federal facility environmental managers must be aware of, and comply with, numerous federal statutes that require the reporting of “spills” or “releases” of “hazardous substances” and other types of substances into the environment. By far, the most important release reporting requirement is Section 103(a) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).1 Section 103(a) of CERCLA provides: “Any person in charge of a vessel or a facility shall, as soon as he has knowledge of any release (other than a federally permitted release) of a hazardous substance from such vessel or facility in quantities greater than or equal to [reportable quantities] immediately notify the National Response Center of such release.”2 This article shows how federal facilities are required under the CERCLA waiver of sovereign immunity to comply with this requirement3.
Development of the EPA radiation site cleanup regulation
Authors: Newman Amy
Published: February 2007

The U.S. EPA is developing a proposed rule that will establish a uniform standard for cleaning up radioactively contaminated sites. The rule will apply to federal facility sites and to sites licensed by the Nuclear Regulatory Commission (NRC) or an Agreement State. The cleanup standard must be met if a site is to be released for public use. The regulation will not mandate the cleanup of any sites or provide remedy selection criteria on when cleanup is appropriate.

EPA has coordinated the development of the rule with a wide range of governmental organizations and affected groups. A regulatory impact analysis of the rule's economic effects is underway, and the Agency plans to develop implementation guidance to help agencies responsible for radiation site cleanups meet the cleanup standard.

This article discusses the latest technical and policy developments for the radiation site cleanup rule. The information presented is preliminary in nature and is subject to change as the regulatory development process continues. It is intended to be used primarily to maximize discussion and comment with interested parties.
Environmental monitoring at DOE's pantex plant in Amarillo, Texas
Authors: Gray Robert H. , McGrath Daniel A.
Published: February 2007

Environmental monitoring for radionuclides and some chemicals has been conducted at DOE's Pantex Plant for over 20 years. Monitoring for a comprehensive suite of chemicals is more recent. Resulting data are used to calculate the radiological dose to the public and to assess the environmental effects of plant operations. Monitoring data show that concentrations of airborne radionuclides at the plant perimeter are in compliance with applicable standards. Radionuclide levels in soil and vegetation from both on‐ and off‐site locations are generally attributable to naturally occurring radioactivity and worldwide fallout. The radiological dose potentially received by an individual at the plant boundary, using worst‐case assumptions for all routes of exposure, was 0.00057 mrem in 1993, well below the DOE radiation limit of 100 mrem/yr to the public. No contamination has been found in the Ogallala aquifer beneath the plant or downgradient in a well field operated by the City of Amarillo. This article reviews the Pantex Plant monitoring program, summarizes the existing database, and discusses the changes needed to satisfy today's environmental regulations and to answer questions posed by a knowledgeable public.
A modest proposal: Reforming base reuse law
Authors: Swenson Raymond Takashi
Published: February 2007

The United States is currently conducting a massive experiment in shrinking its military establishment, demobilizing facilities at the highest rate since the immediate post‐World War II era. As problems have arisen in the process, Congress has responded with changes in the laws governing military base closure and reuse, but there is still room for improvement.
NEPA mitigation: An effective strategy for implementing mitigation plans
Authors: Abbott John C.
Published: February 2007

Mitigation measures are required by the National Environmental Policy Act (NEPA) to lessen the severity of potential impacts to the environment from a proposed project. But the real concern is seeing that these measures are actually implemented. NEPA does not have any specific guidance on how to implement mitigation measures, leaving this up to each lead agency. Mitigation measures are not being ignored. Several federal agencies are concerned about mitigation measures being implemented and have produced similar yet varying types of regulations on the implementation of mitigation measures. These range from the DOE's largely procedural guidance to the U.S. Department of the Army's detailed regulations on the monitoring and implementation of mitigation measures. This article offers guidance for implementing a strategy for mitigation plans. A mitigation plan is not an end in itself, but it should bridge the gap between paperwork and fieldwork.
Science in a Fishbowl: Public involvement in the hanford environmental dose reconstruction project
Authors: Shipler Dillard B.
Published: February 2007

The Hanford Environmental Dose Reconstruction (HEDR) Project was initiated in response to public, state, and Native American concerns about the potential health effects from the historical releases of radioactive materials from the Hanford Site. To allay concerns that DOE, the site owner and operator, was controlling the study, an independent Technical Steering Panel (TSP)—made up of technical specialists and public, state, and Native American representatives—was formed to direct the study. The TSP instituted a management process based on complete openness and public involvement in all aspects of the project including the definition of scope, budget, and priorities. This open approach—which could be called conducting “science in a fishbowl”—required more time and energy to ensure that concerns were understood and that stakeholders understood the radiation dose reconstruction process and results.
Citizen suits under federal environmental laws
Authors: Tobe Roslyn T. , Battle Laura C.
Published: February 2007

One of the important enforcement mechanisms of federal environmental laws is the citizen suit provision in each of the various pollution control laws. Eachyear, many citizens avail themselves of these provisions and sue federal facilities to ensure compliance with environmental laws. For example, under the Clean Water Act (CWA) there were 137 citizen suits brought against the government from May 1984 to September 1988.1 During the same time period there were 502 suits filed against private industry. The dollar amounts of penalties under citizen suits can be up to $25,000 per day per violation. In addition, the prevailing party may also recover attorney fees. The cost of defending a citizen suit can be staggering. For example, a CWA enforcement proceeding between Bethlehem Steel and two environmental organizations, NRDC and the Chesapeake Bay Foundation, cost Bethlehem Steel $500,000 in attorney fees and litigation expenses.2 Even settlement of these cases can involve large amounts of money, as UNOCAL discovered when it paid $5.5 million to settle a CWA citizen suit filed by the Sierra Club Legal Defense Fund.3 Payments of this magnitude can have a significant impact on operations at any facility; therefore, facility managers should acknowledge the likelihood of citizen suits and develop a strategy to prevent and respond to them.

In the case of a suit against a federal facility, the court‐ordered payments may come out of either the Judgment Fund4 or the agency's funds. By comparison, environmental penalties are typically paid from the agency's appropriated budget rather than the Judgment Fund. Beyond monetary expenditures, a citizen suit may place extensive time‐labor demands on agency personnel at all levels. Facility personnel may be required to search and catalogue records, be available for depositions and hearings, and prepare reports related to the lawsuit. If a planned facility project is the subject of the suit, the litigation can often delay a project or hamper operations until the funding and/or support for the project die. Finally, litigation often carries the risk of bad publicity. Facility managers should be aware that media coverage of a citizen suit may expose the facility's entire environmental compliance record to public scrutiny.
McClellan air force base: Initial efforts in the environmental leadership program
Authors: Geissinger Linda
Published: February 2007

McClellan Air Force Base, Sacramento, California, was selected by EPA as one of 12 in the nation (ten private sector and two federal facilities) to participate in their Environmental Leadership Program. This program identifies and draws on the expertise of “top performers” in environmental compliance and pollution prevention to establish a long‐term leadership program.
Future land use and the selection of remedies under federal and state environmental cleanup laws
Authors: Rudolph Thomas E.
Published: February 2007

Ever since the passage of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) in 1980, many legislators and commentators have stated that CERCLA and other similar environmental restoration laws should consider “future land use” in the remedy selection process. It may surprise many people to learn that there already is legal authority which allows consideration of future land use when selecting remedies under CERCLA or the Resource Conservation and Recovery Act (RCRA) “Corrective Action” rules. In addition, a number of states have recently enacted environmental restoration laws that consider future land use when selecting a remedy. This article provides an overview of the legal authority under CERCLA, RCRA, and other laws which allow future land use consideration when selecting a remedy. In addition, this article discusses two recent EPA administrative initiatives which could have a profound impact on the remedy selection process under both CERCLA and RCRA.
Data management system selection, design, and implementation: A case study
Authors: Silfer Andrew T. , Fountain Mark A.
Published: February 2007

This article discusses the development of a data management system for a federal Superfund project in southwest Michigan that includes approximately 70 miles of river and lakes. Past efforts at the site have focused primarily on polychlorinated biphenyls (PCBs) in the sediments, floodplain soils, surface water, and biota of the area. Project requirements necessitated the collection of over 2,000 environmental samples for various laboratory scans. Project‐scale, topography, and terrain considerations posed the challenge of how to cost‐effectively gather accurate position information and how best to spatially manage the resulting analytical and observational data to facilitate analyses that will be necessary during the project.

After careful consideration and evaluation of several options, a management system was developed for the project including features such as: automatic import of digital analytical data; capability to remotely enter field observational data; capability to generate analytical data tables, thus reducing redundant keypunching and potential transcription errors; a risk analysis program that compares analytical data to various risk assessment criteria; a sample tracking mechanism; ability to integrate results of data validation activities; and capability to export position and analytical data to a variety of software mapping and analysis programs including AutoCAD (including use of “smart drawings”), various geostatistical software, WordPerfect, and Quattro Pro. With these and other benefits, the project team was able to cost‐effectively provide an efficient data management system to serve as the central repository of both observational and analytical data collected during the remedial investigation at the site.
An analysis of EPA's current approach to ecological risk assessments at military base closure sites
Authors: Fox Catherine A.
Published: February 2007

This article presents an overview and qualitative analysis of ecological risk assessments at base closure sites nationwide. Much of the information presented was obtained from interviews, over a two‐year period beginning in the spring of 1994, with managers and staff from EPA Headquarters and Regions, Remedial Project Managers and Superfund Ecological Risk Assessment Support Staff involved with the daily operation of the Base Realignment and Closure (BRAC) program. Individuals from the National Oceanic and Atmospheric Administration (NOAA), the Department of the Army, three states (Texas, California, and South Carolina), and one public interest group (Environmental and Energy Study Institute) also provided input to this study. This albeit small sample of scientists, attorneys, and others who participated in this study were chosen randomly. Their opinions, along with those of the author, do not represent the official policies of the organizations they represent. In addition, it should also be noted that the analyses and conclusions drawn in this article represent the views of the author and do not represent the opinions of all participants in this study.

Included in this article is an overview of the regulatory requirements for ecological risk assessments at BRAC sites, and descriptions of the roles of various stakeholders in the process. Based on interviews with federal and state environmental decision makers, this article discusses technical and policy issues related to current ecological risk assessment activities at military base closure sites across the country. It also presents examples of ongoing ecological risk assessment studies to help illustrate the issues that must be resolved for successful risk characterization and environmental cleanup to take place. The article ends with a discussion of various options and recommendations for improving ecological risk assessments at current and future BRAC sites. These recommendations, based partly on interviews with study participants, are presented in the hopes of improving the overall cost and resource effectiveness of the program, financial as well as ecological. After all, it was evident throughout this study that the parties involved share the same goal–to clean up and transfer safe and valuable property as soon as possible so that community revitalization can occur. This article will show, however, that this goal may not be achieved unless the current system is significantly changed.
Determining the scope and level of detail appropriate for a programmatic environmental impact statement
Authors: Eccleston Charles H.
Published: February 2007

Since the inception of the National Environmental Policy Act (NEPA) in 1969, no definitive guidance has been established for determining the scope of issues or the level of detail suitable for presentation within a Programmatic Environmental Impact Statement (P‐EIS). Lacking such guidance, an inordinate amount of time and resources are often consumed in determining the issues and level of detail that are most appropriately addressed within a P‐EIS versus the more detailed scope and level of detail best reserved for lower‐tier documents. Experience indicates that P‐EISs are often over bloated and unnecessarily complex. Consequently, there is a great deal of inconsistency in the preparation of P‐EISs among federal agency programs.

A paradigm for assisting decision makers in making such determinations is presented below. This model expedites the preparation of P‐EISs by providing a systematic approach for determining the scope and level of detail that are most appropriately addressed at the programmatic level. Thus, the model provides agencies with an excellent means for streamlining the NEPA process by descoping needless and unnecessary issues from the P‐EIS.
Implementing air force policy favoring seps: Are they a nonstarter fiscally?
Authors: Carey Chris
Published: February 2007

Increasingly, facilities that have been assesed a penalty for a violation of an environmental law have sought to reduce the amount of their penalty by agreeing to execute supplemental environmental project (SEPs). A SEP is defined by EPA as an “environmentally beneficial project which a defendant/respondent agrees to undertake in settlement of an enforcement action, but which the defendant/respondent is not otherwise legally required to perform.”1 SEPs are used by both the EPA and state regulatory authorities as an enforcement tool that provides affirmative environmental benefits beyond the deterrence and prevention that can be secured through the usual administrative and judicial mechanisms (e.g., penalties and injunctions).
The corps of engineers: Balancing regulatory and contracting authorities
Authors: Chionuma Bettye Y. Mims
Published: February 2007

The performance and administration of a government contract are intertwined with contractor compliance with environmental laws. This presents a complex myriad of concerns for both the regulating federal agency, the federal agency administering the contract, and the contractor. This article examines the unique situation in which the U.S. Army Corps of Engineers (Corps) must exercise its sovereign obligations under Section 404 of the Clean Water Act (CWA) and Section 10 of the Rivers and Harbors Act of 1899 (RHA), while administering a fixed‐priced construction contract in its proprietary capacity.
Superfund reforms and impacts on the army cleanup program
Authors: DeVeaux Jennie S.
Published: February 2007

The Army environmental cleanup program is largely governed by the Superfund process established by the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). This article examines relevant Superfund reform legislative proposals and their potential impact on future Army cleanup efforts. The provisions that are likely to have the greatest impact on the cleanup and transfer of Army properties are those that streamline the remedy selection process and allow greater flexibility in determining cleanup targets and types of remedies selected, expand state authorization, increase public participation in remedy and land‐use decisions, and confine the natural resource damage program. Funding impacts of these changes are difficult to estimate with precision but could be significant depending on implementing regulations and guidance. Although the enactment of comprehensive Superfund reform seems likely to be a casualty of Presidential election‐year politics, the Army may benefit from a number of piecemeal changes incorporated into the fiscal year 1997 National Defense Authorization Act that should facilitate the cleanup and economic reuse of base closure property.
Implementing relative risk site evaluations at air force installations
Authors: Sharma Sanjeev K. , Mardini Kamel , Paradkar Subhash
Published: February 2007

In April 1994, the Department of Defense issued management guidance directing the Services to begin developing their environmental restoration program guidance using a relative risk evaluation framework. The resulting Relative Risk Site Evaluation Framework categorizes sites and areas of concern in the Defense Environmental Restoration Program (DERP) into high, medium, and low relative risk groups to facilitate the prioritization of funding allocations. This article examines the Air Force's implementation of this guidance through the development of the Relative Risk Site Evaluation Framework at base closure sites managed by the Air Force Base Conversion Agency and by the Army Corps of Engineers in the restoration of formerly used defense sites (FUDS). Installations have the choice of two automated applications to assist them in the implementation of relative risk: the Relative Risk Site Evaluation Program (RRSEP) and the Relative Risk Mapinfo Interface (RRMI). Together, these user‐friendly automated systems provide installations with a flexible means of creating and managing remediation data to implement relative risk evaluation and communicate results of the evaluation to the stakeholders.
Wolves and the white sands missile range: The army's changing attitude toward its role under the endangered species act
Authors: Webster Joseph H.
Published: February 2007

The requirements of the Endangered Species Act (ESA) and greater emphasis on ecosystem management of natural resources on federal lands has presented some difficult challenges to the Department of Defense (DOD). Unlike most other agencies managing federal lands, DOD's national security mission requires the extensive use of its lands to conduct realistic training and the testing of military weapons and equipment. This article examines the Army's experience in attempting to reconcile these requirements involving the proposed reintroduction of the endangered Mexican gray wolf on the White Sands Missile Range. The Army's initial opposition to the proposed reintroduction of the Mexican gray wolf resulted in prolonged litigation that actually reduced the Armys ability to influence the outcome. Drawing on this experience and the experiences at other installations like Fort Bragg, North Carolina, the Army has issued new guidance directing base commanders to actively seek to incorporate conservation into their missions to ensure that environmental programs involving Army land are entered into as a matter of mutual consent, rather than through the imposition by judicial decree.
Ecological risk assessments in CERCLA: Evidence from DON's installation restoration program
Authors: Speer Paul E. , Filadelfo Ronald J.
Published: February 2007

This article discusses the utility of ecological risk assessments in the CERCLA remedial process based on analysis of risk assessments conducted at 80 sites from 17 Department of the Navy (DON) installations. The authors find that the level of ecological risk at the DON sites they reviewed was not very high, even though 15 of the 17 sites were listed on the National Priority List. Further the basic limitations of the ecological risk assessment process limit its utility in the selection of remedies. The article concludes with recommendations for how these risk assessments could be incorporated in the RI/FS process given current limitations in risk assessment methodology. In particular, the article argues for restricting the scope and refocusing the type of investigations now used in the marine/estuarine ecological risk assessments.
Stretching the $$$$$$
Authors: Bottorff David E.
Published: February 2007

The U.S. Department of Defense (DOD) sholders some of the world's most daunting remediation responsibilities. Despite the technical expertise of thousands of people and the expenditure of billions of dollars, the efficiency of DOD remedial efforts too often is compromised by problems tied less to technology than to bureaucracy and administrative procedure. The result is lost time, lost money, and, increasingly, lost confidence by the American public. Some observers insist that to “fix the system” is to dismantle the DOD remedial program and replace it with a “new and improved version.” In contrast to that belief, the author suggests several modifications to discrete program elements. These modifications are offered from a unique perspective of long‐term service within the public sector, combined with recent work in the private sector, and reflect hands‐on familiarity with the issues—and potential solutions—associated with DOD's remedial program.
Environmental audits at federal facilities: EPA policy or state audit statutes
Authors: Miller Joseph L.
Published: February 2007

Because EPA and several states have taken different approaches to providing incentives for regulated entities that perform environmental audits, federal agency counsel face a dilemma on how to advise their clients. EPA recently promulgated its policy which offers penalty mitigation, and restraint from referral for criminal prosecution and from routinely requesting audit reports. On the other hand, 18 states have adopted laws that provide either privilege or immunity protections or both. This article examines the advantages and disadvantages of relying on state audit laws in light of EPA's policy. Without advocating one approach over the other, it raises the issues counsel must consider before rendering advice concerning environmental audits at federal facilities.
Advancing an environmental legislative agenda: Two navy successes
Authors: Quinn John P.
Published: February 2007

The 104th Congress enacted two pieces of environmental legislation long sought by the Navy. The first amended the Clean Water Act (CWA) to require the Department of Defense (DOD) and the U.S. Environmental Protection Agency (EPA) to promulgate joint Uniform National Discharge Standards (UNDS) governing liquid discharges from armed forces' vessels. The other legislation amended the Act to Prevent Pollution from Ships (APPS) to authorize the use by certain warships of pulper and shredder technology for disposal of solid waste in ocean areas internationally designated as “special areas.” In both of these initiatives, the Navy faced initial skepticism in other federal agencies, in the states, and among environmental interest groups. By advancing reasonable proposals, the need for which could be clearly demonstrated, and through a carefully designed strategy of coordination and outreach, the Navy was able to build the consensus necessary to bring these initiatives to successful conclusion. This article outlines the need for these amendments and details the process through which the Navy was able to achieve these two noteworthy successes. These endeavors may serve as a model for other legislative efforts by the military services and other federal agencies.
“Keeping everyone talking”: An approach for nepa documentation in the base disposal and reuse process
Authors: Tronolone Paul J.
Published: February 2007

Under the National Environmental Policy Act (NEPA), as applied under the 1990 Base Closure and Realignment Act, military departments are required to document the environmental consequences of a local community's proposed reuse of a military installation scheduled for closure and disposal. In turn, to facilitate rapid disposal of closed installations so they can be redeveloped for job creation to offset the economic effects of their closure, federal regulations requriure the completion of such documentation for base disposal and resuse actions is subject to several potential problems and delays, given the nature of these actions, the entities responsible for their implementation, and the multiplicity of agencies involved with disposal and reuse planning. This article presents an approach for conducting NEPA documentation for base disposal and reuse projects. It involves creating a free flow of information among the military department, the local community, and applicable regulatory agencies, as well as coordinating the various components of reuse planning, environmental cleanup, and NEPA documentation activities. A case study of the application of the approach is presented for the NEPA documentation being conducted for the disposal and reuse of Naval Air Station (NAS) Cecil Field in Jacksonville, Florida.
The transfer and reuse of contaminated BRAC property—the myth of the CERCLA covenant
Authors: Hurley Gregory F.
Published: February 2007

This article warns base closure land reuse authorities (LRAs) and sublessees about the “myth” that the CERCLA covenant indemnification protection under Section 330 of the National Defense Authorization Act, 1993, and EPA “comfort letters” provide open‐ended protection against future liability arising from contamination on base closure property. In fact, each of these mechanisms is based on “risk sharing” between LRAs and the federal government involving the future reuse of base closure property. On the one hand, the federal government will protect LRAs and sublessees against injury arising from contamination from past federal activities. On the other hand, LRAs and sublessees must not contribute to existing contamination and abide by use restrictions designed to protect human health and the environment from residual contamination on base closure property. Accordingly, the LRA needs to understand the legal limitations of the CERCLA Section 120(h) covenant and Section 330 indemnification promise, as well as the significance of the restrictions that attach to the contaminated property they receive. Equally important is that the LRA and its ultimate sublessees understand these risks and take them into account in proposed operations, and address them in their leases.
Considering biodiversity in integrated natural resource management plans
Authors: Southerland Mark T.
Published: February 2007

Ecosystem management is now widely recognized as the central integrating concept in natural resources management. Sherri Goodman has stated that “On DOD installations, ecosystem management will be achieved by developing and implementing integrated natural resource management plans [INRMPs] and ensuring that they remain current.” This article argues that sustaining biodiversity is the central premise of ecosystem management, and that without an operational understanding of biodiversity, natural resource management will continue to be fragmented. The Council on Environmental Quality (CEQ) has endorsed 11 general principles for incorporating biodiversity into management. Military fish and wildlife managers can incorporate these principles into INRMPs and meet the requirements of the National Environmental Policy Act (NEPA) by (1) focusing on habitats and maximizing their contribution to regional diversity and (2) characterizing, maintaining, and restoring the natural processes connecting DOD lands to regional ecosystems.
Another perspective on United States v. Colorado
Authors: Connor Mark J.
Published: February 2007

Currently, both the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) can be used to regulate the cleanups of hundreds of highly contaminated hazardous waste sites located throughout the country. The regulatory overlap between the statutes creates the potential for conflict between federal and state authorities over which sovereign will control these cleanups. Where the federal property is an “enclave,” however, state hazardous waste laws should not apply, thereby precluding such conflicts from occurring.
Expectation clarification: The key to effectively managing complex federal projects
Authors: Rampertaap Autar , Canepa Alfred P.
Published: February 2007

This article discusses the U.S. Department of Energy's (DOE's) adoption of the expectation clarification (EC) approach for environmental restoration project management at Rocky Flats, Colorado. This shift of decision making from DOE Headquarters to the field sought to address problems in DOE management of environmental restoration projects stemming from DOE's organizational complexity and the technical complexity of the projects themselves. The Rocky Flats experience demonstrated that team‐based development and use of EC guidance documents foster teamwork, a disciplined approach to task completion, dedication to quality and, ultimately, success in the management of federal projects.
DOD international environmental activities
Authors: Vest Gary D.
Published: February 2007

In this exclusive interview to the Journal, Mr. Gary D. Vest outlines the development of Department of Defense (DOD) international environmental activities over the past two decades and assesses their implications in terms of U.S. national security and environmental policy making. He discusses how these activities fit within former Secretary of Defense William J. Perry's concept of preventive defense to foster global stability and peace by enhancing environmental quality and quality of life. Working with the militaries of other nations, Mr. Vest explains how DOD's environmental expertise is being used to promote democratic institutions and respect for civilian control, as well as laying the groundwork for effective military environmental programs. He also explains how DOD's international environmental activities have improved coordination among relevant federal agencies and various international bodies in addressing regional environmental problems and paving the way for more coherent and effective working relationships in the future. Also addressed is the participation of the U.S. environmental industry in recent DOD international environmental activities and how this may translate into a greater share of a growing global market. He stresses that one of the most important aspects for a larger U.S. role in international environmental developments is that they may well end up being the driving force in the development of future U.S. environmental policy standards, not what the U.S. government or Congress is doing.
Early title transfer of contaminated base closure property: Caveat emptor
Authors: Steinberg Barry P. , Peper Jennifer L.
Published: February 2007

This article discusses the recent enactment of Section 334 of the National Defense Authorization Act for Fiscal Year 1997, which amended Section 120(h)(3)(B) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to allow the transfer by deed of contaminated federal property before cleanup was complete or the remedy was in place and operating. The authors examine the legislative context of Section 334, the rationale behind its incorporation in the Administration's omnibus legislative package, and the concerns that were raised and addressed during congressional deliberations. The potentially significant implications for local communities considering the acquisition or reuse of contaminated property and private‐sector investors seeking to acquire title are covered in detail. Equally important, the article focuses on what local communities should do to minimize the risk and liability associated with the transfer of contaminated federal property in accordance with Section 334. Where environmental risk is low and the potential for economic development and profit is high, some communities will be willing to accept deferral of cleanup of military property. Ultimately, the effectiveness of this new tool will be determined by the nature of the property, its environmental condition, and the willingness of the parties to allocate risk wisely and establish a purchase price which recognizes the impact of continuing contamination.
You know your environmental contractor is out of control when …
Authors: Hippensteel David L.
Published: February 2007

Far too often private industry is caught in situations where they become responsible for environmental characterization and remediation projects. The processes involved in successfully completing such tasks may be foreign to the responsible industry. In such cases, an environmental contractor is hired to perform the necessary work. While many environmental contractors claim a high level of ethics and customer orientation, the very essence of their jobs should make the responsible industrial client wary. Far too often, environmental characterizations and remediations become too drawn out and costly. Far too often, environmental contractors need “just a little more data” to complete otherwise simple tasks. To guard against the phenomenon of “never‐ending environmental work,” responsible industrial clients that do not have environmental expertise on their staff would do well to retain a senior level independent environmental contractor to watch out for the best interests of the responsible industry. While the hiring of a contractor to watch a contractor may seem redundant and cost inefficient, the truth of the matter is the exact opposite. By bringing in an expert in environmental characterization and remediation, the responsible industrial client essentially hires another technical employee. It is best to hire this person as a member of the company to avoid additional overhead costs. If such an “environmental guardian” cannot be hired or found, then the responsible industrial client must learn to recognize the warning signs of an environmental characterization or remediation project that is out of control and should be stopped and regrouped. These warning signs become more apparent as time goes on (and money is spent). Having an experienced independent environment contractor “look over the shoulder” of another contractor is just good business sense. One could say that it is the “Potentially Responsible Party's” (PRP's) right to a second opinion.
Piloting the federal government's course to environmentally preferable purchasing
Authors: Davis Laura , Heikkinen Ruth , Hourcle Laurent R.
Published: February 2007

While the concept of environmentally preferable purchasing by federal agencies is not a new initiative by any means, it has been pursued with never‐before‐seen vigor under the Clinton Administration. The concept goes back in law to at least the 1976 amendments to the Solid Waste Disposal Act, more commonly known as the Resource Conservation and Recovery Act (RCRA). Section 6002 of that statute created a dual approach by which EPA designated items with recycled content and buying federal agencies had an obligation to buy the designated goods. These are sometimes called “guideline goods.” For almost 20 years, however, only a handful of products (cement containing fly ash, re‐refined oil, retread tires, paper and building insulation materials) were designated, and even then, the federal agencies were essentially left to their own devices as to when purchase of guideline items would be in their interest.
The normalization of the abnormal: Early transfer of contaminated base closure property
Authors: Steinberg Barry P.
Published: February 2007

The continuing dialogue on title transfer of military base closure property is representative of the difficult public policy considerations associated with balancing economic and environmental concerns at closed or closing military installations. With the recent announcement by the secretary of defense that the Department of Defense (DOD) would seek two more rounds of base closure, the impediments to reuse of former military property that continue to plague local communities will be subjected to further scrutiny. Mr. Swenson examines the benefits of Section 334 of the National Defense Authorization Act for Fiscal Year 1997 with respect to Tooele Army Depot and by implication, the application of those benefits to other base closure property. This analysis addresses that optimistic examination.
Toward protection of the marine environment: Uniform national discharge standards for military vessels
Authors: Deason Jonathan P. , Corl Craig A.
Published: February 2007

On February 10, 1996, President Clinton signed into law a new mechanism for controlling discharges from military vessels. Section 325 of the 1996 Defense Authorization Act requires that Uniform National Discharge Standards(UNDS) be developed for vessels of the armed forces. The three primarily responsible agencies (Navy, Environmental Protection Agency (EPA), and Coast Guard) recently have undertaken a process to implement the new statute. Since the implementation process will determine the manner in which control of discharges from all U.S. military vessels will change over the next few years, it is a key activity in terms of protecting the quality of our marine environment. Information on the implementation process may assist state representatives, stakeholders and others in achieving more effective participation in it. The process also will guide major new environmental investments necessary to meet the evolving requirements and thus may be of interest to a variety of environmental contractors.
Conserving biodiversity on military lands
Authors: Douglas Ripley J. , Leslie Michele
Published: February 2007

This article provides a brief overview of biodiversity on military lands, highlights a number of biodiversity conservation success stories that serve as models for aspects of an ecosystem‐based natural resource management approach, and offers perspectives on conditions for the broader implementation of ecosystem management approaches by the Department of Defense (DOD).
Streamlining oversight: Moving beyond partnering to change the cleanup process at federal facilities
Authors: Rastatter Clem L.
Published: February 2007

This article describes the results of an innovative “reinvention” project designed to build on the foundation of management efficiencies created by partnering and to change the bureaucratic, document‐laden processes that typically drive federal facility cleanup activity. Called Streamlined Oversight (originally Variable Oversight), this new process combines a variety of common‐sense communication tools with partnering to produce a cleanup process that is focused on decisions, not deliverables, that has already demonstrated significant time and cost savings.

The implementation of this process requires that the organizations involved and the people who work for them change the fundamental way they conduct business. It demands attention to forms and formats of communication that are not always easy for engineers and scientists to master. This kind of change is not easy. This article describes both the successes seen in the implementation of Streamlined Oversight and the impediments to implementing this new process. In the discussion of impediments, Streamlined Oversight challenges managers at federal facilities, regulatory agencies, and in the contracting organizations and firms that support them to provide the leadership necessary to implement the more efficient cleanup process demanded by the public and Congress.
New paradigms in environmental compliance: A case study of progress by an aerospace contractor
Authors: Greenberg Stanley , Lamb Bernard , Johnson Russ , Robertson Gary , Topalian John
Published: February 2007

Federal and local regulations have placed a heavy burden on defense contractors to maintain cost‐effective design and production practices that eliminate the use of prohibited chlorofluorocarbons (CFCs) and minimize the use of volatile organic compounds (VOCs). Aerospace companies not only have had to identify replacement materials, but also to develop efficient new processes and controls that frequently entail capital‐intensive acquisition and qualification of new facilities. The transition has been further complicated because many existing contractual documents contain detailed specifications and requirements mandating the use of newly prohibited materials. At the same time, the Environmental Protection Agency (EPA) has targeted 17 hazardous chemicals for elimination or reduction. Modification of production processes and qualification of replacement materials would resolve only part of the environmental compliance dilemma. The final action for long‐range solution resides in fostering a cultural change of the fundamental design and manufacturing practices that address life‐cycle environmental impacts as front‐end requirements. A case study is presented for GenCorp Aerojet, documenting an effective strategy for compliance and implementation of Design/Manufacture‐for‐the Environment procedures.
Reducing excess capacity in environmental contracting
Authors: O'Brien Daniel D. , Grubbs John H.
Published: February 2007

In 1995 as much as 80 percent of environmental funding was allocated to contracts. Given the outsource emphasis and current funding restraints, the Army needs to ensure that environmental contracting policies and procedures are efficient and effective. Numerous agencies, including the U.S. General Accounting Office, U.S. Army Audit Agency, DOD Inspector General, Society of American Military Engineers, USMA Center for Environmental and Geographic Sciences (CEGS), and Department of Energy Contract Reform Team, have reported shortcomings in environmental contracting. Environmental contracting differs significantly from construction contracting because of the uncertainty in estimating remediation costs, determining specific environmental requirements, predicting health risks of different alternatives, and operating in an ever‐changing regulatory climate. Although this article advocates that DOD organize specific reform regarding environmental contracting, there are actions the contracting community can take to reduce excess contracting capacity and improve efficiencies in environmental contracting.