bluuebunny/crossref_metadata_2025_split huggingface dataset:
Ecological risk assessments in CERCLA: Evidence from DON's installation restoration program
Authors: Speer Paul E. , Filadelfo Ronald J. 
Published: February 2007

AbstractThis 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

AbstractThe 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

AbstractBecause 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

AbstractThe 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

AbstractUnder 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

AbstractThis 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

AbstractEcosystem 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

AbstractCurrently, 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

AbstractThis 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

AbstractIn 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

AbstractThis 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

AbstractFar 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

AbstractWhile 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

AbstractThe 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

AbstractOn 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.
Streamlining oversight: Moving beyond partnering to change the cleanup process at federal facilities
Authors: Rastatter Clem L. 
Published: February 2007

AbstractThis 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

AbstractFederal 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

AbstractIn 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.