Introduction: This EP presents procedures for developing and implementing Five-Year Review requirements for military munitions response projects. The purpose of Five-Year Reviews is to determine if a response action continues to minimize explosive safety hazards and continues to be protective of human health, safety, and the environment. Five-Year Reviews are typically conducted under the Long Term Management phase once a project achieves Response Complete or Remedy In Place. In situations where the Remedial Action- Construction or Remedial Action-Operation phases are expected to exceed five years, the review may be required during those phases. Five-Year Reviews are a requirement under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
a. Responsibility for executing Five-Year Reviews for a military munitions response action depends on whether the site is a Formerly Used Defense Site (FUDS) or an active or transferring installation.
(1) FUDS. For FUDS, as defined in ER 200-3-1, Five-Year Reviews are conducted under the Defense Environmental Restoration Program (DERP). Authority for executing military munitions response actions at FUDS has been delegated to the United States Army Corps of Engineers (USACE) by DoD through Headquarters, Department of the Army (HQDA). It is the responsibility of the USACE district, which serves as the Project Manager (PM), to execute Five-Year Reviews for military munitions response actions at FUDS.
(2) Active or Transferring Installations. Military munitions response actions at active installations are conducted under the Military Munitions Response Program (MMRP). Military munitions response actions at transferring installations are conducted under the Base Realignment and Closure (BRAC) program. Five-year reviews will be conducted in accordance with customer requirements; however, the procedures described in this pamphlet may be helpful for conducting Five-Year Reviews at active or transferring installations.
b. Military munitions response actions are planned, managed, and executed using the CERCLA remedial process. Further information on this topic is provided in EP 200-1-19, Military Munitions Response Process. For FUDS, Engineer Regulation (ER) 200-3-1, Formerly Used Defense Sites Program Guidance, provides additional guidance. If further assistance is needed with regards to this issue, contact the Environmental and Munitions Center of Expertise (EM CX).
