TE-DPW_004_USAGKA_Environmental_Standards_(UES)_.pdf

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ENVIRONMENTAL STANDARDS AND PROCEDURES

FOR

UNITED STATES ARMY KWAJALEIN ATOLL (USAKA)

ACTIVITIES IN THE

REPUBLIC OF THE MARSHALL ISLANDS

THIRTEENTH EDITION

REVISED MAY 2012

APPROVED OCTOBER 2014

USAKA ENVIRONMENTAL STANDARDS, THIRTEENTH EDITION

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

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

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 USAKA 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)

PART 2 PROCEDURES (continued) Page ii

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

PART 2 PROCEDURES (continued) Page iii

2-17.3.7 Imminent Need to Proceed 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 (Reserved)

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

3-1.5 PERFORMANCE STANDARDS

PART 3 STANDARDS (continued) Page iv

3-1.5.1 Protection of Ambient Air Quality 3-1.5.2 New Sources 3-1.5.3 Existing Sources 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

3-1.9 STORAGE

3-1.10 DISPOSAL

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 v

3-2.7.3 Non-Point Source Discharges 3-2.7.4 Discharge of Ballast Water 3-2.7.5 (Reserved) 3-2.7.6 Reclaimed Water

3-2.8 PROHIBITIONS

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

3-2.10 STORAGE

3-2.11 DISPOSAL

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 vi

3-3.6.4 Identification of Best Technology, Treatment Techniques, or Other Methods Generally Available for Organic and Inorganic Chemicals, and Radionuclides

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

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

3-5.5 PERFORMANCE STANDARDS

3-5.5.1 Selection and Designation of Disposal Sites vii

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

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 Transportation 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 viii

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

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 Archaeological Resources 3-7.6.4 Eligibility Criteria for National Register

3-8 DEFINITIONS

Abbreviations and Acronyms

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 ...119

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

APPENDIX 3-4A SPECIES PROTECTED UNDERGOVERNMENT OF THE UNITED

STATES AND REPUBLIC OF THE MARSHALL ISLANDS STATUTES

THAT CAN 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

APPENDIX 3-4C SPECIES OF SIGNIFICANT BIOLOGICAL IMPORTANCE ON LANDS

AND WATERS UNDER CONTROL OF USAKA, REPUBLIC OF THE

MARSHALL ISLANDS, WHICH CAN TRIGGER USAKA

ENVIRONMENTAL STANDARDS COORDINATION

PROCEDURES

APPENDICES Page x

APPENDIX 3-4D HABITATS AND FEATURES OF SIGNIFICANT BIOLOGICAL

IMPORTANCE ON LANDS AND WATERS UNDER CONTROL OF

USAKA, REPUBLIC OF THE MARSHALL ISLANDS, POTENTIALLY

SUBJECT TO DOCUMENT OF ENVIRONMENTAL PROTECTION

COORDINATION PROCEDURES

APPENDIX 3-5A ENVIRONMENTAL IMPACT CRITERIA FOR OCEAN DISPOSAL ..259

APPENDIX 3-6A DEFINITIONS OF SOLID AND HAZARDOUS WASTES

APPENDIX 3-6 B 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: Classification of Coastal-Water Use

Figure 3-2A.2 Kwajalein Vicinity: Classification of Coastal-Water Use

Figure 3-2A.3 Roi Namur: Classification of Coastal-Water Use

Figure 3-2A.4 Meck: Classification of Coastal-Water Use

Figure 3-2A.5 Omelek: Classification of Coastal-Water Use

Figure 3-2A.6 Ennylabegan: Classification of Coastal-Water Use

Figure 3-2A.7 Legan: Classification of Coastal-Water Use

Figure 3-2A.8 Illeginni: Classification of Coastal-Water Use

Figure 3-2A.9 Gagan: Classification of Coastal-Water Use

Figure 3-2A.10 Gellinam: Classification of Coastal-Water Use

Figure 3-2A.11 Eniwetak: 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 3-4H.1 Kwajalein: Locations of Other Wildlife Habitats for DEP Coordination Procedure

Figure 3-4H.2 Roi Namur: Locations of Other Wildlife Habitats for DEP Coordination Procedure

Figure 3-4H.3 Meck: Locations of Other Wildlife Habitats for DEP Coordination Procedure

Figure 3-4H.4 Omelek: Locations of Other Wildlife Habitats for DEP Coordination Procedure

Figure 3-4H.5 Ennylabegan: Locations of Other Wildlife Habitats for DEP Coordination Procedure

Figure 3-4H.6 Legan: Locations of Other Wildlife Habitats for DEP Coordination Procedure

Figure 3-4H.7 Illeginni: Locations of Other Wildlife Habitats for DEP Coordination Procedure

Figure 3-4H.8 Gagan: Locations of Other Wildlife Habitats for DEP Coordination Procedure

Figure 3-4H.9 Gellinam: Locations of Other Wildlife Habitats for DEP Coordination Procedure

FIGURES Page xii

Figure 3-4H.10 Eniwetak: Locations of Other Wildlife Habitats for DEP Coordination Procedure

Figure 3-4H.11 Ennugarret: Locations of Other Wildlife Habitats for DEP Coordination Procedure

Figure 3-5.1 Ocean Disposal

Figure 3-6.1.2 USAKA Matrial-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

Figure 3-6.5.5 Biohazard Symbol

Figure 3-6.5.8 Environmental Restoration and Emergency Response Decision Process ..359

Figure 3-6A Determination of Nonhazardous 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 3-3.5.6.1 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

TABLES Page xiv

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 ..199

Table 3-3.7.3 Maximum Desirable Contaminant Levels for Drinking Water Aesthetics 200

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 3-4G.1 Species List Derived From Republic Of Marshall Islands Native Species Protected Under The Convention on International Trade In Endangered Species of Wild Fauna and Flora (CITES)

Table 3-4G.2 Other Marine and Terrestrial Species of Significant Biological Importance on Lands Under Lease to USAKA

Table 3-4G.3 Marine and Terrestrial Habitats of Significant Biological Importance on Lands Under Lease to USAKA

Table 3-4H.1 Description Of Other Wildlife Resource Habitats Potentially Subject To DEP Coordination Procedure

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 ...365

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

[1-1]

USAKA ENVIRONMENTAL STANDARDS, THIRTEENTH 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 Government that occur on the USAKA-controlled islands and the Mid-Atoll Corridor, as well as all USAKA-controlled activities within the Republic of the Marshall Islands (RMI), including the territorial waters of the RMI. Throughout this document, references to USAKA include the Ronald Reagan Ballistic Missile Defense Test Site, which is under the command of USAKA.

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).

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, 48 U.S.C. 1681 (Compact), which became effective on October 21, 1986, under Presidential Proclamation No. 5564, November 3, 1986, establishes the framework for administering governmental, economic, security, and defense relations between the RMI, 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 (U.S. Government).

Title One, Article VI, of the Compact obligates the U.S. Government to develop environ-mental standards and procedures and to apply them to its activities in the RMI. Specifically, (1) environmental controls in effect before the effective date of the Compact (U.S. environmental laws that applied to the TTPI) shall be applied to the continuing activities of the U.S.

Government until those controls are modified under the authority of the Compact; (2) the National Environmental Policy Act of 1969 (NEPA) shall be applied to all U.S. Government activities within the RMI as if the RMI were part of the United States; (3) for all U.S.

Government activities requiring the preparation of an environmental impact statement (EIS) under NEPA, the U.S. Government shall comply with environmental standards that protect public health and safety and the environment that are comparable to the following U.S. statutes:

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 statutes as agreed upon by the U.S. Government and the RMI; and (4) judicially reviewable standards and procedures shall be developed to regulate all U.S. Government activities at USAKA requiring the preparation of an EIS.

In the development of the standards and procedures, the particular environments of the RMI and the historical and current relationship between the U.S. Government and the RMI were

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USAKA ENVIRONMENTAL STANDARDS, THIRTEENTH EDITION

considered. The RMI was consulted in developing the standards and procedures to ensure that regulatory requirements are consistent with the needs of the RMI and the environment. The Compact also provides that the RMI 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.

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

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USAKA ENVIRONMENTAL STANDARDS, THIRTEENTH EDITION

1-2.3 PROJECT TEAM

The U.S. Army Space and Missile Defense Command/Army Forces Strategic Command (USASMDC/ARSTRAT) (formally Space and Strategic Defense Command) was charged with organizing an effort to develop the required standards and procedures for activities at USAKA.

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/ARSTRAT 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/ Army Forces Strategic Command (USASMDC/ARSTRAT) (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 Honolulu District (USACE)

U.S. Army Kwajalein Atoll (USAKA)

National Marine Fisheries Service (NMFS)

Republic of the Marshall Islands, Environmental Protection Authority (RMIEPA)

Technical Advisors

U.S. Army Public Health Command [USAPHC] [formerly the Army Center for Health Promotion and Preventive Medicine (CHPPM)]

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)

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.

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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 Act were adopted by the team. The team added the Fish and Wildlife Coordination Act (FWCA), the Migratory Bird Conservation Act (MBCA), 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.

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 Conservation Act (MBCA), 16 U.S.C. 715 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.

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 200-1.

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USAKA ENVIRONMENTAL STANDARDS, THIRTEENTH 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

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USAKA ENVIRONMENTAL STANDARDS, THIRTEENTH 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.

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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 Conservation 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 all Appropriate Agencies (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.

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USAKA ENVIRONMENTAL STANDARDS, THIRTEENTH 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 USAKA to produce reports on existing or potential environmental conditions. USAKA 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.

USAKA 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 U.S. and RMI agencies. In addition to the internal assessments, USAKA 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 USAKA that have the potential to affect the USAKA environment.

USAKA is responsible for seeking agency agreement on the proposed activity and completing a DEP that includes all the comments and recommendations of the Appropriate Agencies raised during the review process. The activities requiring a DEP are listed in Section 2-17.3.1. Before submitting a DEP, USAKA must furnish to the Appropriate Agencies sufficient information on the potential effects of the project on the environment in the form of a Notice of Proposed Activity (NPA) or a Notice of Continuing Activity (NCA). If the Appropriate Agencies find that the submittal is incomplete, USAKA may respond to the findings by furnishing additional data to the requesting agencies, clarifying the content of the furnished information, or notifying the Appropriate Agencies of its disagreement with their findings. The Appropriate Agencies may respond to USAKA’s assessment of the effects of a proposed activity by submitting Environmental Comments and Recommendations (ECR), which include recommendations for mitigating the environmental effects of an activity.

The DEP must include, at a minimum, documentation of the review process, descriptions of the proposed activity and the associated potential environmental effects of the activity, and applicable procedures for monitoring, notification, and reporting. Appropriate Agencies sign the DEP to indicate agreement with the proposed activity and associated mitigation and reporting

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USAKA ENVIRONMENTAL STANDARDS, THIRTEENTH EDITION

measures. If disputes arise concerning USAKA compliance with the Standards, any Appropriate Agency or USAKA may initiate the formal process for conflict resolution that is defined in Section 2-19.

Conflict resolution (Section 2-19) is a procedural mechanism for expediting resolution of disputes among the Appropriate Agencies (Section 2-6) and USAKA about compliance with an environmental standard. The intent of establishing procedures specific to disputes that may arise is to give all agencies a way of resolving disputes before they escalate and impede implementation of environmental standards at USAKA. Conflict resolution procedures establish a formal approach to resolving disputes so that disagreements among parties are addressed at the point of origin or the lowest administrative level possible. If disputes cannot be resolved using the conflict resolution procedures, the RMI Government retains the right, as specified in Section 162 of the Compact, to seek judicial review of USAKA’s actions.

1-5.3 AIR QUALITY

The standards for air quality (Section 3-1) are derived from applicable sections of 40 CFR 50 through 87, which establish air quality regulations according to the CAA.

Because of the relatively small numbers and types of air-pollution sources, the dispersion caused by trade winds, and the lack of topographic features that inhibit dispersion, air quality at USAKA is considered good (i.e., well below the maximum levels established for air quality in the United States). The primary activities at USAKA contributing to air pollution are generation of power, incineration of solid waste, storage and handling of fuel, transportation, and rocket launches. The majority of sources are combustion sources that produce particulates, nitrous oxide, sulfur dioxide, carbon monoxide, and hydrocarbon emissions.

The air quality standards and procedures accomplish the fundamental purposes of the Clean Air Act (CAA) but do not necessarily incorporate many of the procedural or mandatory technology-based requirements established under the CAA. The air quality standards are designed to maintain the current air quality at USAKA. Ambient air concentrations for criteria pollutants are not allowed to be increased above the level predicted to exist on the effective date of these Standards by more than an increment of 25 percent of the U.S. Ambient Air Quality Standard for the criteria pollutant. In no case shall ambient air quality concentrations for a criteria pollutant be allowed to exceed 80 percent of any U.S. Ambient Air Quality Standard. In general, the Standards gauge effectiveness and acceptance in terms of ambient air quality effects rather than through application of technology-based controls. All significant stationary sources of criteria pollutants, hazardous air pollutants and activities covered by a U.S. National Emission Standard for Hazardous Air Pollutants (NESHAPS) must be governed by a Document of Environmental Protection (DEP), which is subject to review by U.S. and RMI agencies as well as public review. NESHAPS categories that are applicable or potentially applicable at USAKA are presented in Appendices 3-1C and 3-1D, and all current NESHAPS are adopted by reference.

General provisions are included for maintaining inventories of emission sources, reporting, eliminating or reducing the use of chemicals associated with hazardous air pollutants, and eliminating or reducing the use of ozone-depleting substances.

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1-5.4 WATER QUALITY AND REEF PROTECTION

The standards for water quality, reef protection and reclaimed water (Section 3-2) standards are derived from 40 CFR 100-140 and 400-403, which establish regulations implementing provisions of the CWA, as amended. The Marine Water Quality and Earthmoving Regulations of the RMI also were consulted. The Standards apply to surface water, groundwater, and coastal marine water, including coastal reefs. Reclaimed water standards are derived from USEPA guidelines and state regulations. The Safe Drinking Water Act and the Primary and Secondary Drinking Water Regulations were consulted for groundwater quality standards.

Freshwater resources at USAKA consist of rainwater obtained from catchments and groundwater lenses beneath the larger islands. Marine resources include both lagoons and the ocean, which furnish habitats in the shallow marine water for plants and animals. Numerous species are of subsistence value to the Marshallese.

Except for several point and non-point sources, the marine water around USAKA is generally free of pollution. Water quality is maintained by the natural conditions of tidal and trade-wind currents that dilute and transport pollutants. Water quality can be degraded by wastewater, thermal discharges, stormwater runoff, sandblasting and construction debris, solid waste disposal, and landfill leachate.

The water quality and reef protection standards deviate from 40 CFR 100-140 and 400-403 in that they address only substantive controls or requirements. Provisions relating to state program requirements, reporting, grants and delegations are not included. In addition, these Standards establish provisions for protecting groundwater quality that go beyond those established by U.S. statutes and regulations. The water quality and reef protection standards are applicable to all functions and facilities at USAKA without exception.

The Standards require USAKA to submit to the Appropriate Agencies a water quality management plan similar in content to that required under U.S. statutes and regulations. The plan must identify wetland and coastal areas where dredging, quarrying, or discharge of dredged or fill material is prohibited; non-point sources of pollution; sources of groundwater contamination; reef resources and the management and control practices necessary for protecting them; and water bodies that do not comply with the Standards. The plan also must assess the nature and extent of stormwater discharges and include a discussion of management and control practices that ensure compliance with water quality standards.

A DEP must be prepared before new point sources are constructed or begin discharging to the waters of…