A.2.11.3 Attachment A UES 16 Ed Final 18Feb2021.pdf
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- Solicitation number
- W9128A22R0013
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This solicitation is for a design-build repair project of a dining facility and vehicle maintenance facility located on Kwajalein Atoll in the Republic of the Marshall Islands. The Army Corps of Engineers Engineering District Honolulu seeks proposals to repair Building 703 Zamperini Dining Facility and Building 808 Vehicle Maintenance Facility. A pre-proposal teleconference will be held virtually on March 17th, 2022 from 1100 to 1200 Hawaii Standard Time to provide site information and for questions from interested offerors. Proposals must be submitted in response to Solicitation Number W9128A22R0013 by the dates specified in the solicitation documents. The work involves a design-build project to repair the two buildings located at the U.S. Army Garrison on Kwajalein Atoll.
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Text version
Environmental Standards and Procedures for
United States Army Kwajalein Atoll (USAKA)
Activities in the Republic of the Marshall Islands
Sixteenth Edition January 2021
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
THIS PAGE LEFT BLANK INTENTIONALLY
ENVIRONMENTAL STANDARDS AND PROCEDURES
FOR
UNITED STATES ARMY KWAJALEIN ATOLL (USAKA)
ACTIVITIES IN THE
REPUBLIC OF THE MARSHALL ISLANDS
SIXTEENTH EDITION
REVISED MAY 2019
APPROVED JANUARY 2021
ACKNOWLEDGMENTS
The following people participated in the development of the USAKA Environmental Standards and Procedures as members of the USAKA Environmental Standards Project Team. The Project
Team was co-chaired by the U.S. Army Space and Strategic Defense Command and the U.S.
Environmental Protection Agency, Region IX.
Dennis R. Gallien (Co-chair), USASSDC
Norman Lovelace (Co-chair), USEPA
John Cady (Legal Advisor), USASSDC
Lt. Col. Kevin Call (Legal Advisor), USBMDO
Gayle Chestnut, USAEDPO
Elizabeth Harding (Legal Counsel), RMIEPA
Kasuo Helgenberger (General Manager), RMIEPA
Kathleen Kirkpatrick Nash, USAKA
Eugene Nitta, NMFS
Dr. Donald Ott, USAKA
John J. Resta, USACHPPM
Robert Smith, USFWS
Kenneth Stansell, USFWS
Charles F. Streck, USAEDPO
Helene Takemoto, USAEDPO
Lt. Col. Michael Van Zandt (Legal Advisor), USBMDO
Robert Ward, USEPA
The Project Team operated in consultation with the Office of Pacific Island Affairs, U.S.
Department of State. The personal involvement of Colonel John M. Cole and Jeffrey D. Kovar was instrumental in the successful accomplishment of this effort.
Special thanks are due to those people who encouraged and supported the efforts of the Project
Team: the Honorable Jiba Kabua, Secretary of Foreign Affairs, RMI; the Honorable David C.
Fields, former U.S. Ambassador to the RMI; the Honorable Susan Livingstone, former Assistant
Secretary of the Army (Installations, Logistics and Environment); William Carroll, former
General Counsel, BMDO; and past and present Commanders and Deputy Commanders of
USASSDC and USAKA.
The Project Team expresses its appreciation to Major General J. A. Van Prooyen for his cooperation, advice, and support during the development of the Standards.
For the work in preparing and revising these Standards, the Project Team gratefully acknowledges the dedicated involvement of Dikran Kashkashian of CH2MHILL, and Frank J.
Chapuran, Jr. of Teledyne Brown Engineering.
ADOPTION
INITIAL U.S. AND RMI UES IMPLEMENTATION SIGNATURES (1995)
SUMMARY OF REVISIONS
DATE REVISION CHANGE
Jan & Feb
1; 2nd Ed
Clarifications - Procedures and Technical Sections.
Final approval Sep 1997
Dec 1997 2; 3rd Ed Clarifications - Procedures and Technical Sections.
Final approval May 1998
Nov 1998 3; 4th Ed Clarifications - Procedures and Technical Sections.
Final approval May 1999
Nov 1999 4; 5th Ed Clarifications – Procedures and Technical Sections.
Final approval May 2000
Nov 2000 5; 6th Ed Clarifications – Procedures and Technical Sections.
Final approval Jul 2001
Feb 2002 6; 7th Ed Major Revision and Reorganization.
Final approval Nov 2002
Apr 2003 7; 8th Ed Clarifications – Procedures and Technical Sections.
Final approval May 2004
Apr 2004 8; 9th Ed Clarifications – Procedures and Technical Sections.
Final approval Jan 2005
Feb 2005 9; 10th Ed Clarifications – Procedures and Technical Sections.
Final approval Jan 2006
Apr 2007 10; 11th Ed Clarifications – Procedures and Technical Sections.
Final approval Sep 2009
Feb 2010 11; 12th Ed Clarifications – Procedures and Technical Sections.
Final approval Aug 2011
May 2012 12; 13th Ed Clarifications – Procedures and Technical Sections.
Final approval Oct 2014
Nov 2014 13; 14th Ed Clarifications – Procedures and Technical Sections.
Final approval Sep 2016
Jun 2017 14; 15th Ed Clarifications – Procedures and Technical Sections.
Final approval Sep 2018
May 2019 15; 16th Ed Clarifications – Procedures and Technical Sections.
Final approval Jan 2021
TABLE OF CONTENTS
Page i
PART 1 EXECUTIVE SUMMARY
1-1 INTRODUCTION
1-2 BACKGROUND
1-2.1 LEGISLATIVE
1-2.2 USAKA ENVIRONMENTAL IMPACT STATEMENT
1-2.3 PROJECT TEAM
1-3 APPROACH
1-4 ORGANIZATION AND ORIGIN
1-5 SUMMARY OF STANDARDS
1-5.1 INTRODUCTION
1-5.2 PROCEDURES
1-5.3 AIR QUALITY
1-5.4 WATER QUALITY AND REEF PROTECTION
1-5.5 DRINKING WATER QUALITY
1-5.6 ENDANGERED SPECIES AND WILDLIFE RESOURCES
1-5.7 OCEAN DISPOSAL
1-5.8 MATERIAL AND WASTE MANAGEMENT
1-5.9 CULTURAL RESOURCES
1-6 FORMAL ADOPTION
PART 2 PROCEDURES
2-1 INTRODUCTION
2-2 SCOPE
2-3 AUTHORITY
2-4 SUMMARY OF CHANGES
2-5 USAG-KA RESPONSIBILITIES
2-6 APPROPRIATE AGENCIES, AGENCY REPRESENTATIVES AND PROJECT
TEAM
2-6.1 APPROPRIATE AGENCIES
2-6.2 AGENCY REPRESENTATIVES
2-6.3 PROJECT TEAM
2-7 REPORTING AND NOTIFICATION REQUIREMENTS
2-7.1 REPORTS, INVENTORIES AND PLANS: FREQUENCY AND
DISTRIBUTION
2-7.1.1 Reports on Air Quality (Section 3-1) 2-7.1.2 Reports on Water Quality, Reef Protection and Reclaimed Water
(Section 3-2) 2-7.1.3 Reports on Drinking Water (Section 3-3) ii
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
2-7.1.4 Reports on Endangered Species and Wildlife Resources (Section
3-4) 2-7.1.5 Reports on Ocean Disposal (Section 3-5) (Reserved) 2-7.1.6 Reports on Materials and Waste Management (Section 3-6)
2-7.1.7 Reports on Cultural Resources (Section 3-7)
2-7.2 NOTIFICATION TO APPROPRIATE AGENCIES
2-7.2.1 Activities or Actions Requiring Notification 2-7.2.2 Reporting Information
2-7.3 EMERGENCY AND PUBLIC NOTIFICATIONS
2-7.3.1 Emergency Notifications
2-7.3.2 Public Notifications
2-8 MONITORING
2-9 (Reserved)
2-10 DOCUMENTATION OF EMPLOYEE TRAINING
2-11 (Reserved)
2-12 (RESERVED)
2-13 RECORDS KEEPING
2-13.1 RECORD AVAILABILITY, STORAGE AND RETENTION
2-13.2 RECORD RETENTION
2-14 (Reserved)
2-15 (Reserved)
2-16 ENVIRONMENTAL COMPLIANCE ASSESSMENTS: INTERNAL AND
EXTERNAL
2-16.1 PROTOCOLS FOR CONDUCTING ASSESSMENTS
2-16.1.1 Internal 2-16.1.2 External
2-16.2 REVIEW OF ASSESSMENTS
2-16.2.1 Internal 2-16.2.2 External
2-17 COMPLIANCE ASSURANCE
2-17.1 GENERAL
2-17.2 AGENCY REVIEW AND COMMENT
2-17.3 DOCUMENT OF ENVIRONMENTAL PROTECTION
2-17.3.1 Activities and Findings Requiring a Document of Environmental
Protection 2-17.3.2 Notice of Proposed Activity 2-17.3.3 Notice of Continuing Activity
2-17.3.4 Existing Sources and Activities 2-17.3.5 Environmental Comments and Recommendations (ECR) 2-17.3.6 Submittal, Approval and Processing of a Document of
Environmental Protection 2-17.3.7 Imminent Need to Proceed iii
2-17.3.8 Use of NEPA Documents in the Document of Environmental
Protection Process
2-17.4 INSPECTIONS
2-18 OVERSIGHT
2-18.1 GENERAL
2-18.2 NOTICE OF DEFICIENCY (NOD)
2-18.3 RESOLUTION OF A NOD
2-19 CONFLICT RESOLUTION
2-19.1 GENERAL
2-19.2 DISPUTES BETWEEN AND AMONG U.S. GOVERNMENT
AGENCIES
2-19.2.1 First Level 2-19.2.2 Second Level
2-19.3 DISPUTES INVOLVING THE RMI AS A PARTY
2-19.3.1 First Level 2-19.3.2 Second Level - Environmental Advisory Panel (EAP)
2-19.3.3 No Resolution
2-19.4 RIGHTS UNDER THE COMPACT
2-20 CLIMATE CHANGE
2-21 TECHNICAL SUPPORT
2-22 EFFECTIVE DATE AND PERIODIC REVIEW OF STANDARDS
2-22.1 EFFECTIVE DATE
2-22.2 PERIODIC REVIEWS
2-22.3 SPECIAL REVIEWS
2-22.4 ANNUAL CONSULTATIONS
2-22.5 APPROVAL OF REVISIONS
2-23 SEVERABILITY
2-24 FUNDING
2-25 EXEMPTIONS
2-26 RELINQUISHMENT OF DEFENSE SITE
PART 3 STANDARDS
3-1 AIR QUALITY
3-1.1 INTRODUCTION
3-1.2 DERIVATION
3-1.3 SUMMARY OF CHANGES
3-1.4 PLANS (RESERVED)
3-1.5 PERFORMANCE STANDARDS
3-1.5.1 Protection of Ambient Air Quality
3-1.5.2 New Sources
3-1.5.3 Existing Sources iv
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
3-1.5.4 Modification of Sources 3-1.5.5 Motor Vehicles
3-1.6 DISCHARGE LIMITS, EMISSION STANDARDS, POLLUTION
CONTROL
3-1.6.1 Ambient Air Quality Standards (Criteria Pollutants)
3-1.7 PROHIBITIONS
3-1.7.1 Open Burning 3-1.7.2 Ozone-Depleting Chemicals 3-1.7.3 Protection of Ambient Air Quality
3-1.7.4 Emission of Air Pollutants
3-1.7.5 Motor Vehicles
3-1.8 TREATMENT OR CONTROL (RESERVED)
3-1.9 STORAGE (RESERVED)
3-1.10 DISPOSAL ( RESERVED)
3-1.11 SPECIAL REQUIREMENTS
3-1.11.1 Air Toxics Reporting and Control 3-1.11.2 Ozone-Depleting Chemicals
3-1.11.3 Inventory of Stationary-Source Emissions 3-1.11.4 Beryllium (Be) and Depleted Uranium (DU) Standards
3-2 WATER QUALITY AND REEF PROTECTION
3-2.1 INTRODUCTION
3-2.2 DERIVATION
3-2.3 SUMMARY OF CHANGES
3-2.4 WATER CLASSIFICATIONS
3-2.4.1 Classification of Coastal Water Uses 3-2.4.2 Classification of Groundwater
3-2.5 PLANS
3-2.5.1 Water Quality Management Plan
3-2.6 PERFORMANCE STANDARDS
3-2.6.1 Groundwater
3-2.6.2 Groundwater Anti-degradation
3-2.6.3 Water Quality Standards for Surface Water 3-2.6.4 Surface Water Anti-degradation
3-2.7 DISCHARGE LIMITS, EMISSION STANDARDS, POLLUTION
CONTROL
3-2.7.1 Point Source Discharges 3-2.7.2 Reef Protection and Dredging, Quarrying, and Discharge of
Dredged or Fill Materials 3-2.7.3 Non-Point Source Discharge 3-2.7.4 Discharge of Ballast Water
3-2.7.5 (Reserved)
3-2.7.6 Reclaimed Water
3-2.8 PROHIBITIONS
v
3-2.8.1 Class AA Coastal Waters
3-2.8.2 Class A Coastal Waters 3-2.8.3 Groundwater 3-2.8.4 Discharges of Oil 3-2.8.5 Dredged or Fill Material 3-2.8.6 Control of Sewage from Vessels
3-2.8.7 Reclaimed Water 3-2.8.8 Point Source Discharges
3-2.9 TREATMENT OR CONTROL (RESERVED)
3-2.10 STORAGE (RESERVED)
3-2.11 DISPOSAL (RESERVED)
3-2.12 SPECIAL REQUIREMENTS
3-2.12.1 Water Quality Monitoring
3-3 DRINKING WATER QUALITY
3-3.1 INTRODUCTION
3-3.2 DERIVATION
3-3.3 SUMMARY OF CHANGES
3-3.4 GENERAL REQUIREMENTS
3-3.4.1 Document of Environmental Protection
3-3.4.2 Operator Certification and Operation and Maintenance 3-3.4.3 Sanitary Surveys 3-3.4.4 Approved Laboratories and Alternate Analytical Techniques
3-3.4.5 Record Maintenance for Public Water Systems
3-3.5 DRINKING WATER QUALITY STANDARDS
3-3.5.1 Inorganic Contaminants
3-3.5.2 Organic Chemicals other than Disinfectants and Disinfection
Byproducts
3-3.5.3 Disinfectants and Disinfection Byproducts and Precursors 3-3.5.4 Turbidity Requirements 3-3.5.5 Microbiological Contaminants
3-3.5.6 Radium-226, Radium-228, Uranium, Gross Alpha Particle
Radioactivity, Beta Particle Radioactivity and Photon
Radioactivity from Man-Made Radionuclides
3-3.6 TREATMENT AND CONTROL
3-3.6.1 Use of Non-centralized Treatment Devices 3-3.6.2 Filtration and Disinfection Treatment Techniques
3-3.6.3 Treatment Technique for Control of Disinfection Byproduct
Precursors 3-3.6.4 Identification of Best Technology, Treatment Techniques, or
Other Methods Generally Available for Organic and Inorganic
Chemicals, and Radionuclides vi
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
3-3.7 MAXIMUM CONTAMINANT LEVEL GOALS AND DESIRABLE
CONTAMINANT LEVELS
3-3.7.1 Maximum Contaminant Level Goals for Organic Contaminants 3-3.7.2 Maximum Contaminant Level Goals for Microbiological
Contaminants 3-3.7.3 Maximum Desirable Contaminant Levels Affecting Drinking
Water Aesthetics 3-3.7.4 Maximum Contaminant Level Goals for Disinfection Byproducts
3-3.8 PUBLIC NOTIFICATION AND INFORMATION
3-3.8.1 Public Notifications
3-3.8.2 Consumer Confidence Reports
3-3.9 PROHIBITIONS
3-3.9.1 Prohibition on Use of Lead Pipes, Solder, and Flux
3-4 ENDANGERED SPECIES AND WILDLIFE RESOURCES
3-4.1 INTRODUCTION
3-4.2 DERIVATION
3-4.3 SUMMARY OF CHANGES
3-4.4 PLANS (RESERVED)
3-4.5 PERFORMANCE STANDARDS: CONSULTATION
3-4.5.1 Consultation Species and Habitats (Threatened and Endangered
Species, Marine Mammals, RMI-Protected Species and Habitats)
3-4.5.2 (Reserved) 3-4.5.3 Consultation: Procedures for Implementing
3-4.6 PERFORMANCE STANDARDS: COORDINATION
3-4.6.1 Coordination Species and Habitats (Migratory Birds, Corals, Mollusks, Reef Fish, Other Wildlife Species and Habitats) 3-4.6.2 (Reserved)
3-4.6.3 Coordination: Procedures for Implementing
3-4.7 (RESERVED)
3-4.8 PROHIBITIONS
3-4.9 SPECIAL REQUIREMENTS
3-5 OCEAN DISPOSAL
3-5.1 INTRODUCTION
3-5.2 DERIVATION
3-5.3 SUMMARY OF CHANGES
3-5.4 PLANS (RESERVED)
3-5.5 PERFORMANCE STANDARDS
3-5.5.1 Selection and Designation of Disposal Sites 3-5.5.2 Modification of the Use of Disposal Sites 3-5.5.3 Case-by-Case Authorization for Ocean Disposal
3-5.5.4 General Requirements for Authorized Ocean Disposal 3-5.5.5 Exclusions vii
3-5.6 PROHIBITIONS
3-5.6.1 General 3-5.6.2 Specific Prohibited Materials
3-5.7 SPECIAL REQUIREMENTS
3-5.7.1 DEP Requirements 3-5.7.2 Records Keeping 3-5.7.3 Disposal Site Monitoring
3-6 MATERIAL AND WASTE MANAGEMENT
3-6.1 INTRODUCTION
3-6.1.1 Objective of Standards and Goal of Management Strategy 3-6.1.2 Material Management
3-6.2 DERIVATION
3-6.3 SUMMARY OF CHANGES
3-6.4 PLANS
3-6.4.1 Kwajalein Environmental Emergency Plan 3-6.4.2 Hazardous Material Management Plan 3-6.4.3 Hazardous Materials Procedures
3-6.5 PERFORMANCE STANDARDS
3-6.5.1 Introduction, Identification, and Classification of Materials; and
Documentation of Employee Training 3-6.5.2 Transportation of HMWPP 3-6.5.3 Storage 3-6.5.4 Use and Operation 3-6.5.5 Collection of Wastes
3-6.5.6 Characterization of Wastes 3-6.5.7 Treatment and Disposal
3-6.5.8 Restoration
3-6.6 PROHIBITIONS
3-6.6.1 Importation
3-6.6.2 Storage of Hazardous Waste
3-6.6.3 Underground Storage Tanks 3-6.6.4 Distribution Outside USAKA 3-6.6.5 Treatment of Hazardous Waste 3-6.6.6 Disposal of PCB Wastes 3-6.6.7 Disposal of Asbestos
3-6.6.8 Discharge of Ballast
3-7 CULTURAL RESOURCES
3-7.1 INTRODUCTION
3-7.2 DERIVATION
3-7.3 SUMMARY OF CHANGES
3-7.4 PLANS
3-7.4.1 Historic Preservation Plan viii
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
3-7.5 PERFORMANCE STANDARDS
3-7.5.1 General 3-7.5.2 Document of Environmental Protection
3-7.5.3 Identifying Cultural Resources 3-7.5.4 Assessing Potential for Effects on Cultural Resources 3-7.5.5 Determining If an Effect Is Adverse 3-7.5.6 When the Effect Is Determined to be Adverse 3-7.5.7 Resources Discovered During an Undertaking
3-7.5.8 Emergency Undertakings 3-7.5.9 Documentation Requirements
3-7.6 SPECIAL REQUIREMENTS
3-7.6.1 Surveys of Cultural Resources 3-7.6.2 Management of Cultural Resources
3-7.6.3 Protection of Cultural and Archaeological Resources 3-7.6.4 Eligibility Criteria for National Register
3-8 DEFINITIONS
ABBREVIATIONS AND ACRONYMS
APPROVALS
INDEX
APPENDICES Page ix
APPENDIX 3-1A SUBSTANCES REQUIRING A DOCUMENT OF ENVIRONMENTAL
PROTECTION IF EMISSIONS EXCEED 10 TONS PER YEAR OF A
SINGLE SUBSTANCE OR 25 TONS PER YEAR OF COMBINATION
OF HAZARDOUS AIR POLLUTANTS
APPENDIX 3-1B OZONE-DEPLETING CHEMICALS
APPENDIX 3-1C STANDARDS FOR INCINERATORS ACCEPTING REGULATED
MEDICAL WASTE
APPENDIX 3-1D EMISSION STANDARDS FOR APPLICATION, DEMOLITION, OR
RENOVATION OF ASBESTOS
APPENDIX 3-2A CLASSIFICATION OF COASTAL WATER USES
APPENDIX 3-2B CLASSIFICATIONS OF GROUNDWATER
APPENDIX 3-2C SPECIFIC WATER QUALITY CRITERIA FOR SURFACE WATER ...121
APPENDIX 3-2D GROUNDWATER QUALITY
APPENDIX 3-2E (RESERVED)
APPENDIX 3-2F (RESERVED)
APPENDIX 3-2G (RESERVED)
APPENDIX 3-2H (RESERVED)
APPENDIX 3-2I (RESERVED)
APPENDIX 3-2J RECLAIMED WATER STANDARDS AND MONITORING
APPENDIX 3-2K RECLAIMED WATER SYSTEM CHEMICAL COMPOUND
MONITORING LIST
APPENDIX 3-4A SPECIES LISTED UNDER PROVISION OF UES SECTION 3-5.5.1
THAT MAY TRIGGER USAKA ENVIRONMENTAL STANDARDS
CONSULTATION PROCEDURES
APPENDIX 3-4B CRITICAL HABITATS DESIGNATED UNDER REPUBLIC OF THE
MARSHALL ISLANDS STATUTES THAT CAN TRIGGER USAKA
ENVIRONMENTAL STANDARDS CONSULTATION
PROCEDURES (RESERVED)
APPENDIX 3-4C SPECIES LISTED UNDER PROVISION OF UES SECTION 3-4.6.1
THAT MAY TRIGGER USAKA ENVIRONMENTAL COORDINATION
PROCEDURES
APPENDIX 3-4D HABITATS LISTED UNDER PROVISION OF UES SECTION 3-4.6.1
THAT MAY TRIGGER USAKA ENVIRONMENTAL STANDARDS
COORDINATION PROCEDURES
APPENDICES Page x
APPENDIX 3-5A ENVIRONMENTAL IMPACT CRITERIA FOR OCEAN DISPOSAL .265
APPENDIX 3-6A DEFINITIONS OF SOLID AND HAZARDOUS WASTES
APPENDIX 3-6B CHARACTERISTICS OF HAZARDOUS WASTES AND LISTS OF
HAZARDOUS WASTES
APPENDIX 3-6C HAZARDOUS MATERIALS LIST
APPENDIX 3-6D EXAMPLES OF POTENTIALLY INCOMPATIBLE WASTE
APPENDIX 3-8A KWAJALEIN ATOLL - MID-ATOLL CORRIDOR
FIGURES Page xi
Figure 2-17.3 Procedure for Document of Environmental Protection
Figure 2-19.1 Procedure for Conflict Resolution
Figure 3-2A.1 Kwajalein Vicinity: Classification of Coastal Water Use
Figure 3-2A.2 Roi Namur Vicinity: Classification of Coastal Water Use
Figure 3-2A.3 Meck Vicinity: Classification of Coastal Water Use
Figure 3-2A.4 Omelek Vicinity: Classification of Coastal Water Use
Figure 3-2A.5 Ennylabegan Vicinity: Classification of Coastal Water Use
Figure 3-2A.6 Legan Vicinity: Classification of Coastal Water Use
Figure 3-2A.7 Illeginni Vicinity: Classification of Coastal Water Use
Figure 3-2A.8 Gagan Vicinity: Classification of Coastal Water Use
Figure 3-2A.9 Gellinam Vicinity: Classification of Coastal Water Use
Figure 3-2A.10 Eniwetak Vicinity: Classification of Coastal Water Use
Figure 3-2A.11 Ennugarret Vicinity: Classification of Coastal Water Use
Figure 3-2B.1 Groundwater Classification for Kwajalein Island
Figure 3-2B.2 Groundwater Classification for Roi-Namur
Figure 3-4.5 Procedures for Consultation on Endangered Resources
Figure 3-4.6 Procedures for Coordination on Other Wildlife Resources
Figure 3-4D.1A Kwajalein: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Terrestrial
Figure 3-4D.1B Kwajalein: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Marine
Figure 3-4D.2A Roi Namur: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Terrestrial
Figure 3-4D.2B Roi Namur: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Marine
Figure 3-4D.3A Meck: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Terrestrial
Figure 3-4D.3B Meck: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Marine
Figure 3-4D.4A Omelek: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Terrestrial
Figure 3-4D.4B Omelek: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Marine
Figure 3-4D.5A Ennylabegan: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Terrestrial
Figure 3-4D.5B Ennylabegan: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Marine
Figure 3-4D.6A Legan: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Terrestrial
Figure 3-4D.6B Legan: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Marine
FIGURES Page xii
Figure 3-4D.7A Illeginni: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Terrestrial
Figure 3-4D.7B Illeginni: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Marine
Figure 3-4D.8A Gagan: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Terrestrial
Figure 3-4D.8B Gagan: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Marine
Figure 3-4D.9A Gellinam: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Terrestrial
Figure 3-4D.9B Gellinam: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Marine
Figure 3-4D.10A Eniwetak: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Terrestrial
Figure 3-4D.10B Eniwetak: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Marine
Figure 3-4D.11A Ennugarret: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Terrestrial
Figure 3-4D.11B Ennugarret: Locations of Other Wildlife Habitats for DEP Coordination
Procedure; Marine
Figure 3-4D.12 Mid-Atoll Corridor: Locations of Other Wildlife Habitats for DEP
Coordination Procedure; Marine
Figure 3-5.1 Ocean Disposal
Figure 3-6.1.2 USAKA Material-Management Strategy
Figure 3-6.1.3 Hazardous Waste Management
Figure 3-6.1.4 Regulated Medical Waste Management
Figure 3-6.1.5 PCB Management
Figure 3-6.1.6 Asbestos Management
Figure 3-6.1.7 Used Oil Management
Figure 3-6.1.8 Pesticide Management
Figure 3-6.1.9 Compressed Gas Cylinder Management
Figure 3-6.1.10 Solid Waste Management (Non-Hazardous)
Figure 3-6.1.11 Ground-Water Monitoring and Corrective Measures for Solid Waste
Landfills
Figure 3-6.5.4 Caution – Kauwatata-Contains PCBs
Figure 3-6.5.5 Caution – Kauwatata-Contains Asbestos
Figure 3-6.5.6 Biohazard Symbol
Figure 3-6.5.7 Caution – Kauwatata-Asbestos Waste
Figure 3-6.5.8 Environmental Restoration and Emergency Response Decision
Process……
Figure 3-6A Determination of Non-Hazardous and Hazardous Waste Subject to Chapter 3-6.5.7
TABLES Page xiii
Table 1-2.2 U.S. Environmental Statutes Applied to the 1989 EIS
Table 1-3 Statutes and Agreements Consulted During Development of USAKA
Standards
Table 1-4 Organization and Origin of the Standards
Table 2-22.1 USAKA Health-Based Standards
Table 3-1.5.2 Pollutant Thresholds for Major Stationary Sources
Table 3-1.6.1 Ambient Air Quality Standards (Criteria Pollutants)
Table 3-1A Hazardous Air Pollutants
Table 3-1B.1 Class I Controlled Substances
Table 3-1B.2 Class II Controlled Substances
Table 3-2C.1 Water Quality Criteria for Water Classifications
Table 3-2C.2 Water Quality Criteria for Pollutants
Table 3-2D.1 Primary Standards for Groundwater Quality
Table 3-2D.2 Secondary Standards for Groundwater Quality
Table 3-2D.3 Groundwater Monitoring List
Table 3-2K.1 Organics
Table 3-2K.2 Inorganics
Table 3-3.5.1 Maximum Contaminant and Action Levels for Inorganic
Contaminants
Table 3-3.5.2.1 Maximum Contaminant Levels for Organic Contaminants
Table 3-3.5.3.1 Maximum Contaminant Levels (MCL) and Maximum Residual
Disinfectant Levels (MRDL) for Disinfectants and Disinfection
Byproducts
Table 3-3.5.3.4 IDSE Compliance Deadlines
Table 3-3.5.5.1 E. coli MCL Violation Occurs with the Following Sample Result
Combination
Table 3-3.5.6.1 Average Annual Concentrations Assumed to Produce a Total Body or
Organ Dose of 4 Millirems Per Year
Table 3-3.5.6.2A Detection Limits for Gross Alpha Particle Activity, Radium 226, Radium 228, and Uranium
Table 3-3.5.6.2B Detection Limits for Man-Made Beta Particle and Photon Emitters
Table 3-3.6.2.4 Bin Classification and Cryptosporidium Treatment Requirements
Table 3-3.6.3 Required TOC Percent Removal Requirements
Table 3-3.6.4.1 Best Available Technology for Organic Chemicals
Table 3-3.6.4.2 Best Available Technology for Inorganic Chemicals
Table 3-3.6.4.3 Best Technology, Treatment Techniques, or Other Methods Generally
Available for Disinfection Byproducts
Table 3-3.6.4.5 Best Available Technology for Radionuclides
Table 3-3.7.1 Maximum Contaminant Level Goals for Organic Contaminants
Table 3-3.7.2 Maximum Contaminant Level Goals for Microbiological Contaminants ..194
TABLES Page xiv
Table 3-3.7.3 Maximum Desirable Contaminant Levels for Drinking Water
Aesthetics
Table 3-3.7.4 Maximum Contaminant Level Goals for Disinfection Byproducts
Table 3-3.8.1 Violations of Drinking Water Regulations Requiring Public Notice
Table 3-6.5.7 Waste Petroleum Product Specifications
Table 3-6.5.7(d) Pollutant Concentrations
Table 3-6B.1 Maximum Concentration of Contaminants for Toxicity Characteristic
Table 3-6B.2(b) Listed Hazardous Wastes from Nonspecific Sources
Table 3-6B.2(c)(5) Acutely Hazardous Wastes (H)
Table 3-6B.2(c)(6) Toxic Wastes (T)
Table 3-6C Hazardous Materials/Hazardous Waste
Table 3-6D Examples of Potentially Incompatible Waste
PART 1 EXECUTIVE SUMMARY
1-1 INTRODUCTION
1-2 BACKGROUND
1-2.1 LEGISLATIVE
1-2.2 USAKA ENVIRONMENTAL IMPACT STATEMENT
1-2.3 PROJECT TEAM
1-3 APPROACH
1-4 ORGANIZATION AND ORIGIN
1-5 SUMMARY OF STANDARDS
1-5.1 INTRODUCTION
1-5.2 PROCEDURES
1-5.3 AIR QUALITY
1-5.4 WATER QUALITY AND REEF PROTECTION
1-5.5 DRINKING WATER QUALITY
1-5.6 ENDANGERED SPECIES AND WILDLIFE RESOURCES
1-5.7 OCEAN DISPOSAL
1-5.8 MATERIAL AND WASTE MANAGEMENT
1-5.9 CULTURAL RESOURCES
1-6 FORMAL ADOPTION
[1-1]
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
PART 1 EXECUTIVE SUMMARY
1-1 INTRODUCTION
This executive summary presents an overview of the development and organizational structure of the Environmental Standards and Procedures for United States Army Kwajalein
Atoll (USAKA) Activities in the Republic of the Marshall Islands (Standards). The standards and procedures in the Standards apply to all activities of the United States (U.S.) Government that occur on the U.S. Army Garrison-Kwajalein Atoll (USAG-KA)/Ronald Reagan Ballistic
Missile Defense Test Site (RTS) controlled islands and the Mid-Atoll Corridor, as well as all
USAG-KA/RTS controlled activities within the Republic of the Marshall Islands (RMI), including the territorial waters of the RMI. The legislative background, the approach to the development of the Standards, the organization and origin, a summary of the Standards, and the formal adoption process are discussed briefly. The Standards are also known as the USAKA
Environmental Standards (UES).
The USAKA Environmental Standards have been in legal effect since 4 December 1995.
During much of that time, USAKA was under the command of the U.S. Army Space and Missile
Defense Command (USASMDC) [initially Space and Strategic Defense Command, and formerly
U.S. Army Space and Missile Defense Command /Army Forces Strategic Command
(USASMDC/ARSTRAT)]. On October 1, 2013, responsibility for USAKA was transferred from
USASMDC/ARSTRAT to U.S. Army Installation Management Command (IMCOM), which assumed full operational control over base activities. The installation was renamed the U.S.
Army Garrison-Kwajalein Atoll (USAG-KA). On March 1, 2019, IMCOM became a major subordinate command of U.S. Army Materiel Command (AMC). The USASMDC is the Senior
Command for USAKA. The UES 14th Edition changed the term "USAKA" to "USAG-KA" where appropriate. The roles and responsibilities of the Commander, USAG-KA, are the same as those held by the Commander, USAKA, in earlier UES editions, and are set forth at Section 2-
5. The terms "USAG-KA" and "USAKA" are defined in the Standards at Section 3-8. The term
"USAKA" has been retained throughout the UES as a geographical designation that includes
USAG-KA and all tenants including RTS.
1-2 BACKGROUND
1-2.1 LEGISLATIVE
The Compact of Free Association Between the United States of America and the
Republic of the Marshall Islands (Compact), entered into force in 1986 (48 U.S.C. 1901). The
Compact established the framework for administering governmental, economic, security, and defense relations between the Government of the Republic of the Marshall Islands, which formerly was a part of the Trust Territory of the Pacific Islands (TTPI) and is now a sovereign nation, and the United States Government. The Compact and its subsidiary agreements were subsequently amended; the Compact, as amended entered into force on May 1, 2004 [48 U.S.C.
1921].
In Title One, Article VI of the Compact, the United States and the Republic of the
Marshall Islands (Marshall Islands) declared it their policy to promote efforts to prevent or eliminate damage to the environment and biosphere and to enrich understanding of the natural resources of the Marshall Islands. Subject to other provisions contained in Article VI, it obligated the U.S. Government and the Government of the Marshall Islands to mutual and reciprocal undertakings. Specifically, it obligated the U.S. Government to (1) continue to apply
[1-2.1]
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
the environmental controls in effect before the effective date of the Compact (U.S.
environmental laws that applied to the TTPI) to the continuing activities of the U.S. Government until those controls are modified as specified in the Compact; (2) apply the National
Environmental Policy Act of 1969 (NEPA) to U.S. Government activities under the Compact and its subsidiary agreements as if the Marshall Islands were the United States; (3) comply, for all U.S. Government activities requiring the preparation of an environmental impact statement
(EIS) under Section 161(a)(2) of the Compact, extending the application of NEPA to U.S.
activities in the Marshall Islands under the Compact and its subsidiary agreements, with environmental standards that are substantially similar to those required by the following laws of the United States, taking into account the particular environment of the Marshall Islands: Toxic
Substances Control Act (TSCA); Resource Conservation and Recovery Act (RCRA); Marine
Protection, Research, and Sanctuaries Act (MPRSA, Title I, which includes and is referred to as the “Ocean Dumping Act” (ODA)); Clean Water Act (CWA); Clean Air Act (CAA); and
Endangered Species Act (ESA); and to other environmental protection laws of the United States as agreed upon by the U.S. Government and the Government of the Marshall Islands; and (4) develop, prior to conducting any activity requiring the preparation of an EIS under Section
161(a)(2) of the Compact, appropriate mechanisms, including regulations or other judicially reviewable standards and procedures to regulate all U.S. Government activities governed by
Section 161(a)(3) in the Marshall Islands in a manner appropriate to the special governmental relationship set forth in the Compact.
The Government of the Marshall Islands agreed to develop standards and procedures to protect its environment. As a reciprocal obligation to the undertakings of the U.S. Government under Title One, Article VI of the Compact, the Government of the Marshall Islands, taking into account its particular environment, shall develop standards for environmental protection substantively similar to those required of the U.S. Government by Section 161(a)(3) prior to its conducting activities in the Marshall Islands substantively equivalent to activities conducted there by the U.S. Government and, as a further reciprocal obligation, shall enforce those standards.
Following the adoption of the Compact, from 1990-1995, the standards and procedures required under Section 161(a)(3) and (4) were negotiated and developed by the U.S. Government and Government of the Marshall Islands. Those requirements were called the “Environmental
Standards and Procedures for United States Army Kwajalein Atoll Activities in the Republic of the Marshall Islands” (the UES).
In the Compact, as amended, Title One, Article VI, the parties reiterated their policy to promote efforts to prevent or eliminate damage to the environment and biosphere and to enrich understanding of the natural resources of the Marshall Islands, and agreed to the mutual and reciprocal undertaking specified in that Article. Among these undertakings and subject to other provisions contained in Article VI, the U.S. Government agreed that, for its activities controlled by the U.S. Army at Kwajalein Atoll and in the Mid-Atoll Corridor and for U.S. Army Kwajalein
Atoll activities in the Marshall Islands, the U.S. Government shall continue to apply the
Environmental Standards and Procedures for United States Army Kwajalein Atoll Activities in the Republic of the Marshall Islands, unless and until those Standards or Procedures are modified by mutual agreement of the U.S. Government and the Government of the Marshall Islands. The
Amended Compact reiterates that the U.S. Government shall apply the National Environmental
[1-2.2]
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
Policy Act of 1969, 83 Stat. 852, 42 U.S.C. 4321 et seq., to its activities under the Compact, as amended, and its related agreements as if the Marshall Islands were the United States.
The U.S. Government further agreed that it shall, prior to conducting any activity not described in Section 161(a)(1) of the Compact, as amended (the UES), requiring the preparation of an Environmental Impact Statement under Section 161(a)(2), develop, as agreed with the
Government of the Marshall Islands, written environmental standards and procedures to implement the substantive provisions of the laws made applicable to U.S. Government activities in the Marshall Islands, pursuant to Section 161(a)(3).
The Government of the Marshall Islands also agreed that it shall continue to develop and implement standards and procedures to protect its environment. As a reciprocal obligation to the undertakings of the U.S. Government under Article VI of the Compact, as amended, the Marshall
Islands, taking into account its particular environment, agreed to continue to develop and implement standards for environmental protection substantively similar to those required of the
U.S. Government by Section 161(a)(3) prior to its conducting activities in the Marshall Islands, substantively equivalent to activities conducted there by the U.S. Government and, as a further reciprocal obligation, shall enforce those standards.
In the development of the standards and procedures and in all subsequent revisions, the particular environments of the Marshall Islands and the historical and current relationship between the U.S. Government and the Government of the Marshall Islands were considered.
The Government of the Marshall Islands was consulted in developing the standards and procedures to ensure that regulatory requirements are consistent with the needs of the Marshall
Islands and the environment. The Compact also provides that the Government of the Marshall
Islands and the U.S. Government may agree to modify or supersede any environmental standard or procedure developed and applied under the authority of the Compact, and the Standards shall be reviewed periodically and revised as appropriate.
1-2.2 USAKA ENVIRONMENTAL IMPACT STATEMENT
In 1989, the U.S. Army completed an EIS under NEPA (Final Environmental Impact
Statement, Proposed Actions at U.S. Army Kwajalein Atoll, USASSDC, October 1989) for continuing and planned activities at USAKA. The environmental statutes considered in the EIS were derived in a three-step process. First, U.S. statutes and regulations that applied to USAKA when the RMI was part of the Trust Territory of the Pacific Islands were reviewed to determine which were to be considered for continuing activities. Second, the Compact was reviewed to determine which statutes were relevant for new activities after the trusteeship ended for the RMI.
Third, a wider range of environmental controls and statutes were reviewed to ensure the protection of public health and safety and the environment at USAKA. The U.S. Army applied the controls of the six U.S. statutes specified in Section 161(a)(3) of the Compact. Because the
EIS showed that new activities planned for USAKA expanded the scope of ongoing activities, as a matter of policy, the U.S. Army considered seven additional environmental statutes determined to be relevant to planned USAKA activities. The 13 statutes are listed in Table 1-2.2. The 13 statutes were used to evaluate the potential effects of the proposed activities and ensure the protection of public health and safety, and the environment at USAKA. Among other things, the
1989 EIS and the subsequent record of decision (ROD) identified and amplified the need for the
U.S. Government to develop the environmental standards and procedures required under the
Compact.
[1-2.3]
Table 1-2.2
U.S. ENVIRONMENTAL STATUTES APPLIED TO THE 1989 EIS
7 U.S.C. 136
15 U.S.C. 2601
16 U.S.C. 470
16 U.S.C. 469
16 U.S.C. 1531
33 U.S.C. 1251
33 U.S.C. 1401-1445
42 U.S.C. 300f-300j
42 U.S.C. 4901-4918
42 U.S.C. 6901-6992k
42 U.S.C. 7401
42 U.S.C. 9601-9675
42 U.S.C. 1801
Federal Insecticide, Fungicide, and Rodenticide Act
Toxic Substances Control Act
National Historic Preservation Act
Archaeological and Historic Preservation Act
Endangered Species Act of 1973
Clean Water Act
Ocean Dumping Act
Safe Drinking Water Act
Noise Control Act
Resource Conservation and Recovery Act/Solid Waste Disposal Act
Clean Air Act
Comprehensive Environmental Response, Compensation, and
Liability Act
Hazardous Material Transportation Act
1-2.3 PROJECT TEAM
The U.S. Army Space and Missile Defense Command was charged with organizing an effort to develop the required standards and procedures for activities at USAKA0F
. A Project
Team was formed to prepare a draft of the Standards for formal approval by the U.S.
Government and the RMI. The Project Team was co-chaired by USASMDC and the U.S.
Environmental Protection Agency (USEPA), Region IX. The Project Team consists of representatives from the following agencies:
U.S. Army Space and Missile Defense Command (USASMDC) (Co-Chair)
U.S. Environmental Protection Agency (USEPA), Region IX (Co-Chair)
U.S. Fish and Wildlife Service (USFWS)
U.S. Army Corps of Engineers, Pacific Ocean Honolulu (USACE-POH)
U.S. Army Garrison-Kwajalein Atoll (USAG-KA) [formerly U. S. Army Kwajalein Atoll
(USAKA)]
National Marine Fisheries Service (NMFS)
Republic of the Marshall Islands, Environmental Protection Authority (RMIEPA)
Technical Advisors
Army Public Health Center (APHC) [formerly U.S. Army Public Health Command (USAPHC)]
An effort to develop the required procedures and standards had been initiated by Region IX of the U.S.
Environmental Protection Agency and the U.S. Army Corps of Engineers at the request of the Department of State.
Because of resource constraints, however, progress was limited.
[1-3]
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
1-3 APPROACH
The Project Team took a comprehensive approach in developing the environmental standards and procedures for USAKA, and the team endeavored to prepare an integrated set of standards and procedures that would incorporate the substantive requirements of U.S. and RMI environmental statutes and regulations that are necessary for protecting public health and safety and the environment. In certain areas, standards were developed to provide additional protection for the fragile and limited environmental resources of the RMI. In other areas, standards were developed to provide protection that is appropriate for the particular environment of USAKA.
Finally, procedures were developed to ensure full review of activities potentially affecting the environment at USAKA while simplifying many of the administrative provisions of existing U.S.
statutes and regulations.
In reviewing U.S. and RMI statutes and regulations for appropriate environmental controls, the Project Team identified applicable substantive and procedural requirements for developing the Standards. Provisions that are currently inapplicable, such as the Noise Control
Act, were identified and were retained for future consideration, and procedural commonalities were combined to eliminate redundancy. The review resulted in the formation of a common section specifying the procedural and administrative framework for implementing the Standards
(Part 2), and seven major resource categories were combined in a single technical section (Part 3) of the Standards. The Project Team agreed that health-based standards at USAKA would be at least as stringent as comparable U.S. statutes and regulations. Other U.S. regulatory requirements, such as technology-based standards, could be modified or eliminated if their underlying purpose of achieving an environmental objective was otherwise achieved in the
Standards. The reviews and decisions established the basis for drafting the standards and procedures for USAKA.
In developing the Standards, the Project Team focused on the 13 statutes (Table 1-2.2) used as the basis for analysis for the 1989 EIS and considered appropriate statutes and regulations of the RMI. All of those statutes except the Noise Control Act1F were adopted by the team. The team added the Fish and Wildlife Coordination Act (FWCA), the Migratory Bird
Treaty Act (MBTA), and the Marine Mammal Protection Act (MMPA). The addition of these three acts and the elimination of the Noise Control Act resulted in a total of 15 statutes being embodied in the Standards.
The U.S. and RMI environmental statutes and relevant international agreements consulted during this process are listed in Table 1-3.
The Project Team did not include the Noise Control Act because the regulatory controls of that statute focus on manufacturing sources, which do not apply at USAKA. The Standards incorporate the noise monitoring provisions of Chapter 7 of the Army Regulation (AR) 200-1.
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
Table 1-3
STATUTES AND AGREEMENTS CONSULTED DURING
DEVELOPMENT OF USAKA STANDARDS
United States Government Statutes Archaeological and Historic Preservation Act (AHPA), 16 U.S.C. 469 Clean Air Act (CAA), 42 U.S.C. 7401 et seq.
Clean Water Act (CWA), 33 U.S.C. 1251 et seq.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. 9601 et seq.
Endangered Species Act (ESA), 16 U.S.C. 1531 et seq.
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq.
Fish and Wildlife Coordination Act (FWCA), 16 U.S.C. 661 et seq.
Hazardous Materials Transportation Act (HMTA), 49 U.S.C. 1801 et seq.
Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361 et seq.
Marine Protection, Research, and Sanctuaries Act (MPRSA), Title I of which is the Ocean Dumping Act (ODA), 33 U.S.C. 1401 et seq.
Migratory Bird Treaty Act (MBTA), 16 U.S.C. 703-712 National Historic Preservation Act (NHPA), 16 U.S.C. 470 Noise Control Act, 42 U.S.C. 4901 et seq.
Resource Conservation and Recovery Act (RCRA) and Solid Waste Disposal Act (SWDA), 42 U.S.C. 6901 et seq.
Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq.
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
Table 1-3 (continued)
STATUTES AND AGREEMENTS CONSULTED DURING
DEVELOPMENT OF USAKA STANDARDS
Republic of Marshall Islands Statutes and Regulations
Coast Conservation Act 1988, 35 Marshall Islands Revised Code (MIRC), Chapter 4
RMIEPA Environmental Impact Assessment Regulations 1994
RMIEPA Regulations for the Sustainable Development of the Coastal Zone
Endangered Species Act 1975, 8 MIRC, Chapter 5
Historic Preservation Act 1991, 45 MIRC, Chapter 2
Littering Act 1982, 35 MIRC, Chapter 2
Marine Mammal Protection Act 1990, 33 MIRC, Chapter 5
Marine Resources Act, 33 MIRC, Chapter 1
Marine Resources (Trochus) Act 1983, 33 MIRC, Chapter 3
Marine Zones (Declaration) Act 1984, 33 MIRC, Chapter 2
Marshall Islands Marine Resources Authority Act 1988, 33 MIRC, Chapter 4
National Environmental Protection Act 1984, 35 MIRC, Chapter 1
RMIEPA Clean Air Regulations (Draft)
RMIEPA Earthmoving Regulations 1989 (Incorporating 1994 Amendments)
RMIEPA Marine Water Quality Regulations 1992
RMIEPA Marshall Islands Pollutant Discharge Elimination System (MIPDES) Regulations
RMIEPA Pesticides Regulations (Draft)
RMIEPA Public Water Supply Regulations 1994
RMIEPA Solid Waste Regulations 1989
RMIEPA Toilet Facilities and Sewage Disposal Regulations 1990
Public Health, Safety, and Welfare Act, 7 MIRC, Chapter 1
Public Lands and Resources Act, 9 MIRC, Chapter 1
International Agreements
Compact of Free Association Between the United States of America and the Republic of the Marshall Islands (Compact)
Convention for the Protection of the Natural Resources and Environment of the South Pacific and Related Protocols (MARPOL, 73/78)
Convention for the Protection of the Natural Resources and Environment of the South Pacific Region, 1990
Convention on International Trade in Endangered Species (CITES)
Convention on the Continental Shelf, 1958
Convention on the Law of the Sea, 1982
Convention on the Territorial Sea and Contiguous Zone, 1958
London Dumping Convention
[1-4]
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
1-4 ORGANIZATION AND ORIGIN
The Standards are organized into one procedures section (Part 2) and one technical standards section (Part 3) containing seven environmental categories. The major areas covered in the procedures section include: agency representatives and Project Team; reporting and notification; monitoring; employee training; record retention; environmental compliance assessments; compliance assurance; oversight; conflict resolution; review of standards; and exemptions. The environmental categories are air quality, water quality and reef protection, drinking water quality, endangered species and wildlife resources, ocean disposal, material and waste management, and cultural resources.
The organization of the Standards and the U.S. statutes from which they are primarily derived are shown in Table 1-4. RMI statutes and regulations and the international agreements listed in Table 1-4 also were consulted to consider appropriate provisions.
1-5 SUMMARY OF STANDARDS
To conform to Section 161 of the Compact, all standards, whether modified or adopted unchanged, were developed with the intent of protecting public health and safety and the environment. The Project Team interpreted that language to mean that the standards developed for USAKA would provide environmental protection that is equivalent to the public health and safety and environmental protection provided by the applicable U.S. statutes and regulations, taking into consideration the particular environment of USAKA and the special relationship between the RMI and the United States. Applicable RMI statutes and regulations and international conventions also were considered.
1-5.1 INTRODUCTION
Generally, U.S. statutes and regulations that address grant programs, implementation by state or local governments, enforcement procedures, or other areas not applicable to USAKA
(such as provisions for Indian tribes) were not considered. Specific requirements of U.S. statutes and regulations that provide basic public health and safety considerations have been incorporated into the Standards. Many protocols for testing, analysis, and sampling also have been included through incorporation by reference. Where U.S. regulations allow exceptions to specific requirements, a process for obtaining the exception has been incorporated into the substantive sections of the Standards in certain cases. Other substantive provisions of U.S. statutes and regulations have been adapted to reflect the particular environment of USAKA. Finally, a set of procedural requirements was developed to streamline the administrative and compliance assurance process and recognize the relationship between the RMI and U.S.
A summary of the Standards is presented in Sections 1-5.2 through 1-5.9 and is organized on the basis of the procedures and the environmental categories. The sections on the procedures and the environmental categories include a discussion of the U.S. statutes and regulations from which the Standards are derived, a description of the environmental conditions at USAKA, and a summary of the principal differences between the Standards and the applicable U.S. statutes and regulations.
[1-5.2]
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
Table 1-4
ORGANIZATION AND ORIGIN OF THE STANDARDS
STANDARDS
U.S. STATUTE FROM WHICH
PRIMARILY DERIVED
Part 1 Executive Summary All Statutes Listed
Part 2 Procedures All Statutes Listed
Part 3 Standards
3-1 Air Quality Clean Air Act
3-2 Water Quality and Reef Protection Clean Water Act
3-3 Drinking Water Quality Safe Drinking Water Act
3-4 Endangered Species and
Wildlife Resources
Endangered Species Act
Fish and Wildlife Coordination Act
Marine Mammal Protection Act
Migratory Bird Treaty Act
3-5 Ocean Disposal Marine, Protection, Research, and
Sanctuaries Act, which includes the
Ocean Dumping Act
Clean Water Act
3-6 Material and Waste Management Resource Conservation and
Recovery Act and Solid Waste
Disposal Act
Toxic Substances Control Act
Federal Insecticide, Fungicide, and
Rodenticide Act
Comprehensive Environmental
Response, Compensation, and
Liability Act
Hazardous Material Transportation Act
3-7 Cultural Resources National Historic Preservation Act
Archaeological and Historic
Preservation Act
1-5.2 PROCEDURES
The procedures in Part 2 were drafted to ensure that activities potentially affecting the environment at USAKA are fully disclosed to the Appropriate Agencies2F
(Section 2-6.1) and that each Appropriate Agency has an opportunity to review and comment on activities potentially affecting the environment. The procedures replace a wide variety of requirements in more than a dozen U.S. environmental regulations, as referenced in Table 1-4, and emphasize the participation of the Appropriate Agencies and the public in reviewing environmental information.
“Appropriate Agencies” are the U.S. Environmental Protection Agency, the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, the U.S. Army Corps of Engineers and the RMI Environmental Protection
Authority.
[1-5.2]
USAKA ENVIRONMENTAL STANDARDS, SIXTEENTH EDITION
The procedural standards accommodate two factors. The first is the fragile environmental condition of the islands and the surrounding marine environment. The second is the relationship between the U.S. and RMI governments as specified in the Compact.
Rather than establishing separate procedural standards for each of the seven environmental categories the Standards establish a consolidated and comprehensive approach to compliance. The procedures streamline the management structure for the environmental categories to protect the USAKA environment while giving the Appropriate Agencies an opportunity to review and influence activities potentially affecting the environment. In addition, the interaction among the U.S. Government and the RMI Government is defined, and an administrative process for conflict resolution has been designed to ensure that disputes are resolved in a fair manner. The procedures are similar to U.S. statutes and regulations in that they require USAG-KA to produce reports on existing or potential environmental conditions. USAG-
KA also must develop and maintain studies and plans that are subject to periodic review to ensure accuracy and completeness. Procedural mechanisms to document and obtain agreement on activities before they are initiated and resolve non-compliance are included.
USAG-KA is required to conduct periodic internal environmental compliance assessments of the facilities and programs that have the potential to affect public health and safety or the environment. The assessments are intended to ensure compliance with environmental standards by instituting self-inspection programs. Reports on the status of compliance must reveal all identified problems and present recommendations and schedules for corrective action to the Appropriate Agencies. In addition to the internal assessments, USAG-
KA must undergo an external environmental compliance assessment conducted by an independent agency every three years. The Appropriate Agencies are allowed to conduct compliance inspections at any time, subject to mission and security considerations.
A “Document of Environmental Protection” (DEP) is a procedural mechanism that provides a forum for the Appropriate Agencies and the public to review and comment on the activities proposed by USAG-KA that have the potential to affect the USAKA environment.
USAG-KA is responsible for seeking Appropriate Agency…
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