PART 179—MUNITIONS RESPONSE SITE PRIORITIZATION PROTOCOL (MRSPP) Authority: 10 U.S.C. 2710 et seq. Source: 70 FR 58028, Oct. 5, 2005, unless otherwise noted. § 179.1 Purpose. The Department of Defense (the Department) is adopting this Munitions Response Site Prioritization Protocol (MRSPP) (hereinafter referred to as the “rule”) under the authority of 10 U.S.C. 2710(b). Provisions of 10 U.S.C. 2710(b) require that the Department assign to each defense site in the inventory required by 10 U.S.C. 2710(a) a relative priority for response activities based on the overall conditions at each location and taking into consideration various factors related to safety and environmental hazards. § 179.2 Applicability and scope. (a) This part applies to the Office of the Secretary of Defense, the Military Departments, the Defense Agencies and the Department Field Activities, and any other Department organizational entity or instrumentality established to perform a government function (hereafter referred to collectively as the “Components”). (b) The rule in this part shall be applied at all locations: (1) That are, or were, owned by, leased to, or otherwise possessed or used by the Department, and (2) That are known to, or suspected of, containing unexploded ordnance (UXO), discarded military munitions (DMM), or munitions constituents (MC), and (3) That are included in the inventory established pursuant to 10 U.S.C. 2710(a). (c) The rule in this part shall not be applied at the locations not included in the inventory required under 10 U.S.C. 2710(a). The locations not included in the inventory are: (1) Locations that are not, or were not, owned by, leased to, or otherwise possessed or used by the Department, (2) Locations neither known to contain, or suspected of containing, UXO, DMM, or MC, (3) Locations outside the United States, (4) Locations where the presence of military munitions results from combat operations, (5) Currently operating military munitions storage and manufacturing facilities, (6) Locations that are used for, or were permitted for, the treatment or disposal of military munitions, and (7) Operational ranges. § 179.3 Definitions. This part includes definitions for many terms that clarify its scope and applicability. Many of the terms relevant to this part are already defined, either in 10 U.S.C. 101, 10 U.S.C. 2710(e), or the Code of Federal Regulations. Where this is the case, the statutory and regulatory definitions are repeated here strictly for ease of reference. Citations to the U.S. Code or the Code of Federal Regulations are provided with the definition, as applicable. Unless used elsewhere in the U.S. Code or the Code of Federal Regulations, these terms are defined only for purposes of this part. Barrier e.g. e.g. Chemical agent (CA) Chemical Agent (CA) Hazard e.g. Chemical Warfare Materiel (CWM) e.g. e.g. (1) CWM, explosively configured (2) CWM, nonexplosively configured (3) CWM, bulk container (4) CAIS Components Defense site Discarded military munitions (DMM) Explosive hazard e.g., e.g., Military munitions et seq. Military range Munitions and explosives of concern e.g., Munitions constituents Munitions response Munitions response area (MRA) Munitions response site (MRS) Operational range Range Range activities Unexploded ordnance (UXO) (1) Have been primed, fuzed, armed, or otherwise prepared for action; (2) Have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installations, personnel, or material; and (3) Remain unexploded, whether by malfunction, design, or any other cause. (10 U.S.C. 101(e)(5)) United States § 179.4 Policy. (a) In assigning a relative priority for response activities, the Department generally considers those MRSs posing the greatest hazard as being the highest priority for action. The priority assigned should be based on the overall conditions at each MRS, taking into consideration various factors relating to safety and environmental hazard potential. (b) In addition to the priority assigned to an MRS, other considerations ( e.g., (c) It is Department policy to ensure that U.S. EPA, other federal agencies (as appropriate or required), state regulatory agencies, tribal governments, local restoration advisory boards or technical review committees, and local stakeholders are offered opportunities to participate in the application of the rule in this part and making sequencing recommendations. § 179.5 Responsibilities. Each Component shall: (a) Apply the rule in this part to each MRS under its administrative control when sufficient data are available to populate all the data elements within any or all of the three hazard evaluation modules that comprise the rule. Upon further delineation and characterization of an MRA into more than one MRS, Components shall reapply the rule to all MRSs within the MRA. In such cases where data are not sufficient to populate one or two of the hazard evaluation modules ( e.g., (b) Ensure that the total acreage of each MRA is evaluated using this rule (i.e., ensure the all MRSs within the MRA are evaluated). (c) Ensure that EPA, other federal agencies (as appropriate or required), state regulatory agencies, tribal governments, local restoration advisory boards or technical review committees, local community stakeholders, and the current landowner (if the land is outside Department control) are offered opportunities as early as possible and throughout the process to participate in the application of the rule and making sequencing recommendations. (1) To ensure EPA, other federal agency, state regulatory agencies, tribal governments, and local government officials are aware of the opportunity to participate in the application of the rule, the Component organization responsible for implementing a munitions response at the MRS shall notify the heads of these organizations (or their designated point of contact), as appropriate, seeking their involvement prior to beginning prioritization. Records of the notification will be placed in the Administrative Record and Information Repository for the MRS. (2) Prior to beginning prioritization, the Component organization responsible for implementing a munitions response at the MRS shall publish an announcement in local community publications requesting information pertinent to prioritization or sequencing decisions to ensure the local community is aware of the opportunity to participate in the application of the rule. (d) Establish a quality assurance panel of Component personnel to review, initially, all MRS prioritization decisions. Once the Department determines that its Components are applying the rule in a consistent manner and the rule's application leads to decisions that are representative of site conditions, the Department may establish a sampling-based approach for its Components to use for such reviews. This panel reviewing the priority assigned to an MRS shall not include any participant involved in applying the rule to that MRS. If the panel recommends a change that results in a different priority, the Component shall report, in the inventory data submitted to the Office of the Deputy Under Secretary of Defense (Installations & Environment) (ODUSD[I&E]), the rationale for this change. The Component shall also provide this rationale to the appropriate regulatory agencies and involved stakeholders for comment before finalizing the change. (e) Following the panel review, submit the results of applying the rule along with the other inventory data that 10 U.S.C. 2710(c) requires be made publicly available, to the ODUSD(I&E). The ODUSD(I&E) shall publish this information in the report on environmental restoration activities for that fiscal year. If sequencing decisions result in action at an MRS with a lower MRS priority ahead of an MRS with a higher MRS priority, the Component shall provide specific justification to the ODUSD(I&E). (f) Document in a Management Action Plan (MAP) or its equivalent all aspects of the munitions responses required at all MRSs for which that MAP is applicable. Department guidance requires that MAP be developed and maintained at an installation (or Formerly Used Defense Site [FUDS] property) level and address each site at that installation or FUDS. For the FUDS program, a statewide MAP may also be developed. (g) Develop sequencing decisions at installations and FUDS with input from appropriate regulators and stakeholders ( e.g., (h) Ensure that information provided by regulators and stakeholders that may influence the priority assigned to an MRS or sequencing decision concerning an MRS is included in the Administrative Record and the Information Repository. (i) Review each MRS priority at least annually and update the priority as necessary to reflect new information. Reapplication of the rule is required under any of the following circumstances: (1) Upon completion of a response action that changes site conditions in a manner that could affect the evaluation under this rule. (2) To update or validate a previous evaluation at an MRS when new information is available. (3) To update or validate the priority assigned where that priority has been previously assigned based on evaluation of only one or two of the three hazard evaluation modules. (4) Upon further delineation and characterization of an MRA into MRSs. (5) To categorize any MRS previously classified as “evaluation pending.” § 179.6 Procedures. The rule in this part comprises the following three hazard evaluation modules. (a) Explosive Hazard Evaluation (EHE) module. (1) The EHE module provides a single, consistent, Department-wide approach for the evaluation of explosive hazards. This module is used when there is a known or suspected presence of an explosive hazard. The EHE module is composed of three factors, each of which has two to four data elements that are intended to assess the specific conditions at an MRS. These factors are: (i) Explosive hazard, Munitions Type Source of Hazard (ii) Accessibility, Location of Munitions, Ease of Access, Status of Property (iii) Receptors, which has the data elements Population Density, Population Near Hazard, Types of Activities/Structures, Ecological and/or Cultural Resources (2) Based on MRS-specific information, each data element is assigned a numeric score, and the sum of these score is the EHE module score. The EHE module score results in an MRS being placed into one of the following ratings. (See appendix A, table 10.) (i) EHE Rating A (Highest) (ii) EHE Rating B (iii) EHE Rating C (iv) EHE Rating D (v) EHE Rating E (vi) EHE Rating F (vii) EHE Rating G (Lowest) (3) There are also three other possible outcomes for the EHE module: (i) Evaluation pending. (ii) No longer required. (iii) No known or suspected explosive hazard. (4) The EHE module rating shall be considered with the CHE and HHE module ratings to determine the MRS priority. (5) MRSs lacking information for determining an EHE module rating shall be programmed for additional study and evaluated as soon as sufficient data are available. Until an EHE module rating is assessed, MRSs shall be rated as “evaluation pending” for the EHE module. (b) Chemical Warfare Materiel Hazard Evaluation (CHE) module. (1) The CHE module provides an evaluation of the chemical hazards associated with the physiological effects of CWM. The CHE module is used only when CWM are known or suspected of being present at an MRS. Like the EHE module, the CHE module has three factors, each of which has two to four data elements that are intended to assess the conditions at an MRS. (i) CWM hazard, CWM Configuration Sources of CWM (ii) Accessibility, Location of CWM, Ease of Access, Status of Property, (iii) Receptor, Population Density, Population Near Hazard, Types of Activities/Structures, Ecological and/or Cultural Resources (2) Similar to the EHE module, each data element is assigned a numeric score, and the sum of these scores ( i.e. (i) CHE Rating A (Highest) (ii) CHE Rating B (iii) CHE Rating C (iv) CHE Rating D (v) CHE Rating E (vi) CHE Rating F (vii) CHE Rating G (Lowest) (3) There are also three other potential outcomes for the CHE module: (i) Evaluation pending. (ii) No longer required. (iii) No known or suspected CWM hazard. (4) The CHE rating shall be considered with the EHE module and HHE module ratings to determine the MRS priority. (5) MRSs lacking information for assessing a CHE module rating shall be programmed for additional study and evaluated as soon as sufficient data are available. Until a CHE module rating is assigned, the MRS shall be rated as “evaluation pending” for the CHE module. (c) Health Hazard Evaluation (HHE) module. (1) The HHE provides a consistent Department-wide approach for evaluating the relative risk to human health and the environment posed by MC. The HHE builds on the RRSE framework that is used in the Installation Restoration Program (IRP) and has been modified to address the unique requirements of MRSs. The HHE module shall be used for evaluating the potential hazards posed by MC and other chemical contaminants. The HHE module is intended to evaluate MC at sites. Any incidental nonmunitions-related contaminants may be addressed incidental to a munitions response under the MMRP. (2) The module has three factors: (i) Contamination Hazard Factor (CHF), which indicates MC, and any nonmunitions-related incidental contaminants present; this factor contributes a level of High (H), Middle (M), or Low (L) based on Significant, Moderate, or Minimal contaminants present, respectively. (See appendix A to this part, table 21.) (ii) Receptor Factor (RF), which indicates the receptors; this factor contributes a level of H, M, or L based on Identified, Potential, or Limited receptors, respectively. (See appendix A, table 21.) (iii) Migration Pathway Factor (MPF), which indicates environmental migration pathways, and contributes a level of H, M, or L based on Evident, Potential or Confined pathways, respectively. (See appendix A, table 21.) (3) The H, M, and L levels for the CHF, RF, and MPF are combined in a matrix to obtain composite three-letter combination levels that integrate considerations of all three factors. (See appendix A, table 22.) (4) The three-letter combination levels are organized by frequency, and the resulting frequencies result in seven HHE ratings. (See appendix A, table 23.) (i) HHE Rating A (Highest) is assigned to MRSs with an HHE combination level of high for all three factors. (ii) HHE Rating B is assigned to MRSs with a combination level of high for CHF and RF and medium for MPF (HHM). (iii) HHE Rating C is assigned to MRSs with a combination level of high for the CHF and RF and low for MPF (HHL), or high for CHF and medium for the RF and MPF (HMM). (iv) HHE Rating D is assigned to MRSs with a combination level of high for the CHF, medium for the RF, and low for the MPF (HML), or medium for all three factors (MMM). (v) HHE Rating E is assigned to MRSs with a combination level of high for the CHF and low for the RF and MPF (HLL), or medium for the CHF and RF and low for the MPF (MML). (vi) HHE Rating F is assigned to MRSs with a combination level of medium for the CHF and low for the RF and MPF (MLL). (vii) HHE Rating G (Lowest) is assigned to MRSs with a combination level of low for all three factors (LLL). (5) The HHE three-letter combinations are replaced by the seven HHE ratings. (See appendix A, table 24.) (6) There are also three other potential outcomes for the HHE module: (i) Evaluation pending. (ii) No longer required. (iii) No known or suspected munitions constituent hazard. (7) The HHE module rating shall be considered with the EHE and CHE module ratings to determine the MRS priority. (8) MRSs lacking information sufficient for assessing an HHE module rating shall be programmed for additional study and evaluated as soon as sufficient data are available. Until an HHR module rating is assigned, the MRS shall be classified as “evaluation pending” for the HHE module. (d) Determining the MRS priority. (2) Each MRS is assigned to one of eight MRS priorities based on the ratings of the three hazard evaluation modules, where Priority 1 indicates the highest potential hazard and Priority 8 the lowest potential hazard. Under the rule in this part, only MRSs with CWM can be assigned to Priority 1 and no MRS with CWM can be assigned to Priority 8. (See appendix A to this part, table 25.) (3) An “evaluation pending” rating is used to indicate that an MRS requires further evaluation. This designation is only used when none of the three modules has a numerical rating ( i.e. (4) A “no longer required” rating is used to indicate that an MRS no longer requires prioritization. The MRS will receive this rating when none of the three modules has a numerical ( i.e. (5) A rating of “no known or suspected hazard” is used to indicate that an MRS has no known or expected hazard. This designation is used only when the hazard evaluation modules are rated as “no known or suspected explosive hazard,” “no known or suspected CWM hazard,” and “no known or suspected MC hazard.” (See appendix A, table 25.) § 179.7 Sequencing. (a) Sequencing considerations. (1) Concerns expressed by regulators or stakeholders. (2) Cultural and social factors. (3) Economic factors, including economic considerations pertaining to environmental justice issues, economies of scale, evaluation of total life cycle costs, and estimated valuations of long-term liabilities. (4) Findings of health, safety, or ecological risk assessments or evaluations based on MRS-specific data. (5) Reasonably anticipated future land use, especially when planning response actions, conducting evaluations of response alternatives, or establishing specific response action objectives. (6) A community's reuse requirements at Base Realignment and Closure (BRAC) installations. (7) Specialized considerations of tribal trust lands (held in trust by the United States for the benefit of any tribe or individual). The United States holds the legal title to the land and the tribe holds the beneficial interest. (8) Implementation and execution considerations ( e.g. e.g. (9) Mission-driven requirements. (10) The availability of appropriate technology ( e.g. (11) Implementing standing commitments, including those in formal agreements with regulatory agencies, requirements for continuation of remedial action operations until response objectives are met, other long-term management activities, and program administration. (12) Established program goals and initiatives. (13) Short-term and long-term ecological effects and environmental impacts in general, including injuries to natural resources. (b) Procedures and documentation for sequencing decisions. e.g. (2) In addition to the information on prioritization, the Components shall ensure that information provided by regulators and stakeholders that may influence the sequencing of an MRS is included in the Administrative Record and the Information Repository. (3) Components shall report the results of sequencing to ODUSD(I&E) (or successor organizations). ODUSD(I&E) shall compile the sequencing results reported by each Component and publish the sequencing in the report on environmental restoration activities for that fiscal year. If sequencing decisions result in action at an MRS with a lower MRS priority ahead of an MRS with a higher priority, specific justification shall be provided to the ODUSD(I&E). Appendix A to Part 179—Tables of the Munitions Response Site Prioritization Protocol The tables in this Appendix are solely for use in implementing 32 CFR part 179.