EP 1110-1-18
24 Apr 00
present the benefits of applying the waiver, if approved. The letter should be submitted to the
OC supporting the OE MCX for resolution.
c. Execution of OE Response Activities. DOD is the lead agency for all OE response
actions. Responsibility for executing an OE response action depends on whether the site is a
FUDS or an active or transferring installation.
(1) FUDS.
(a) OE response actions at sites that were contaminated while under the jurisdiction of
DOD, but which subsequently have been transferred out of DOD control (i.e., FUDS) are
conducted under the Defense Environmental Restoration Program-FUDS (DERP-FUDS). OE
response actions at FUDS are the subject of this pamphlet.
(b) Authority for executing OE response actions at FUDS has been delegated to USACE by
DOD through Headquarters, Department of the Army (HQDA).
(2) Active and Transferring Installations. USACE may or may not be involved in OE
response actions at active and transferring installations. This pamphlet does not discuss these
programs specifically; however, the phases of an OE response action at these sites may be similar
to those discussed for the FUDS program, depending on the installation's requirements.
1-3. OE Response Regulatory Authorities.
a. Major Subordinate Commands (MSC), district commands, OE Design Centers, and the
OE MCX will comply with all applicable laws and regulations. The district, which serves as the
Project Manager (PM), will provide general legal services. For FUDS projects, the determination
of the laws and regulations governing environmental aspects for any specific OE project will be
made in consultation with the OC supporting the OE MCX. In the event of any sort of dispute
with a regulator over the governing laws on a FUDS project, the district providing general legal
services will represent the agency in negotiations or adversary proceedings. For non-FUDS
projects performed by the USACE under a different program or authority (i.e., BRAC, IR, Work
for Others), the appropriate legal representative of the sponsoring agency will be the lead counsel
for all legal matters, although USACE counsel will be available for consultation. OE response
actions will be executed in compliance with 40 CFR Part 260 et al - Military Munitions Rule; the
OE requirements of DOD 6055.9-STD; Army Regulation (AR) 385-61; AR 385-64; Department
of the Army Pamphlet (DA Pam) 385-61; HQDA LTR 385-98-1 "Explosives Safety Policy for
Real Property Containing Conventional Ordnance and Explosives"; and any other applicable OE
publications listed at Appendix A. All USACE elements will comply with DOD and DA safety
and health regulations and procedures. The following paragraphs present an overview of the
legal authorities governing OE response actions.
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