DOD RAB RULE PROPOSED

[Lenny Siegel <lsiegel@igc.org>]

From: Lenny Siegel <lsiegel@igc.org>

DEFENSE DEPARTMENT PROPOSES RAB RULE
In the August 6, 1996 Federal Register (pp. 40764-40772) the Department 
of Defense Environmental Cleanup office proposed "regulations on the 
characteristics, composition, funding, and establishment of Restoration 
Advisory Boards (RABs)." Under the Fiscal Year 1996 Defense 
Authorization Act, the Defense Deparment is required to develop this 
rule to continue providing funds for RABs after September 15, 1996. 
Comments on the proposal are due by November 4, 1996. Official contact, 
in the cleanup office, is Marcia Read, 703/697-9793.
The published background on the proposed rule includes a brief official 
history of the Federal Facilities Environmental Restoration Dialogue 
Committee (FFERDC), whose February, 1993 Interim Report triggered the 
formation of more than 200 RABs at over 230 active and closing military 
facilities. The Defense Department states - and as a member of FFERDC, 
I agree - "This proposal, developed consistent with the recommendations 
set forth in the FFERDC's Final Report, is consistent with existing DoD 
and EPA policy on RABs..." The Register notice adds, "DoD has 
structured this proposal to maximize flexibility for RAB members and 
installations nationwide."
Essentially, the proposed rule legally anchors, as federal regulations, 
the general processes of forming and operating restoration advisory 
boards. It does not attempt to solve some of the problems that have 
erupted at dysfunctional RABs. It does not promise that DOD will always 
do what communities neighboring their installations want. But it 
strengthens the expectation that this generally successful, expanded 
form of public oversight is around to stay.
I have not done a line-by-line comparison with the September, 1994 
joint DOD-EPA guidance, but I spotted one clause that I don't recall in 
the earlier document: "DoD will not limit the ability of community RAB 
members who have business interests to compete for DoD contracts, if 
proper and appropriate assurances to avoid any potential conflicts of 
interest are issued." Given the strong interest, in many base 
communities, for providing local jobs and contracts through the 
clean-up program, this is a welcome clarification.
Visibly absent from the current proposal is language establishing the 
TAPP (Technical Assistance for Public Participation) program, which is 
expected provide funds for providing independent technical support 
directly to community-based RAB members.. The cleanup office is working 
on this rule, building upon another key recommendation of FFERDC - and 
Congressional legislation - but it has had to restart its legal review 
based upon changes in the FY96 Authorization Act. DOD severed TAPP from 
the RAB rule in its effort to meet the Congressional deadline.
Lenny Siegel