[CPEO-MEF] EPA Policy on Formerly Used Defense Sites

[Lenny Siegel <lsiegel@cpeo.org>]

In April, U.S. EPA finalized it "Policy Towards Privately-Owned Formerly
Used Defense Sites." The 13-page document may be downloaded, as a 432K
PDF file, from
http://www.epa.gov/swerffrr/doc/EPA_FUDS_Policy_Final.pdf.

Though EPA uses the term "privately-owned," the policy addresses all
non-federal Formerly Used Defense Sites (FUDS). In fact, one element,
directing the EPA regions to create FUDS inventories including
properties which are currently owned by civilian federal agencies, as
well as non-federal FUDS.

The policy explains to EPA staff how they will inventory, screen,
assess, and oversee contaminated properties formerly owned by the U.S.
military. EPA has decided to take a more systematic approach to FUDS,
but in most instances it expects to defer leadership and regulatory
responsibility to the Army Corps of Engineers, which executes the
Defense Department's FUDS program, and state regulatory agencies. The
policy appears designed to keep properties from "falling through the
cracks." For example, it reserves the right to take enforcement action
to force cleanup at properties where the Army Corps has determined that
no further Defense Department action is indicated. EPA is also prepared
to take action to require other responsible parties - that is,
non-military entities also responsible for polluting FUDS - to take or
pay for cleanup action.

Lenny

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Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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