EP 1110-1-24
15 Dec 00
proceedings. For non-FUDS projects performed by the USACE under a different program or
authority (i.e., Base Realignment and Closure [BRAC], Installation Restoration [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.
b. OE response actions will be executed in compliance with the OE requirements of Department
of Defense (DOD) 6055.9-STD; Army Regulation (AR) 385-61; AR 385-64; Department of the Army
Pamphlet (DA Pam) 385-61; Headquarters, Department of the Army (HQDA) LTR 385-98-1
"Explosives Safety Policy for Real Property Containing Conventional Ordnance and Explosives"; ER
1110-1-8153 "Ordnance and Explosives Response"; "Safety and Health Requirements for Ordnance
and Explosives Response Actions" to be published in ER 385-1-95; 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.
c. The regulatory authorities governing the establishment and maintenance of institutional controls
during OE response actions include: Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA); National Oil and Hazardous Substance Contingency Plan (NCP); Defense
Environmental Restoration Program (DERP); BRAC; Resource Conservation and Recovery Act
(RCRA); and 40 CFR Part 260 et al - Military Munitions Rule. These regulatory authorities are
discussed in detail in Engineer Pamphlet (EP) 1110-1-18, Ordnance and Explosives Response. Since
the BRAC process has dealt with issues of transferring or leasing land that may contain residual OE
contamination, Appendix B provides a general overview of the BRAC process. It is necessary to have
a basic understanding of this process in order to understand the scope of institutional controls that may
be used at transferring or transferred military properties.
1-4. Responsibilities. It is the responsibility of all USACE personnel involved with the OE Program to
safely execute OE response projects and to comply with applicable laws, regulations, and policies. A
detailed discussion of USACE organizational responsibilities for OE response projects is presented in
Engineer Regulation (ER) 1110-1-8153, Ordnance and Explosives Response.
1-5. Functional Roles. The following section provides a description of the functional roles for USACE
elements regarding the establishment and maintenance of institutional controls during OE response
projects. A more comprehensive description of the functional roles for the organizations during OE
response projects discussed below is provided in ER 1110-1-8153.
a. Headquarters, US Army Corps of Engineers. HQUSACE is responsible for monitoring the
Engineering Evaluation and Cost Analysis (EE/CA) report, a component of which is the Institutional
Control Plan. In the Institutional Control Plan, the establishment and maintenance of institutional
controls for a specific site are discussed.
1-2
Previous Page
