A.2.11.3 Attachment A UES 16 Ed Final 18Feb2021.pdf

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

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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…