The Defense Logistics Agency is resuming transfer, donation and sale of excess military equipment covered by a national security exemption to the Clean Air Act. Equipment covered by this exemption, which includes certain diesel vehicles and diesel power generators, was put on hold in June in order to consult with EPA to ensure that no clean air violations were occurring.
After discussions, EPA decided it would continue to recognize national security exemptions for transferred equipment, and the DLA dispensation program is resuming. Recipients of the excess property include law enforcement agencies and firefighting organizations, as well as state and local governments.
DLA Disposition Services, the DLA field activity that manages excess property, resumed the flow of all authorized equipment for firefighters and law enforcement July 9 through the Law Enforcement Support Office and the U.S. Department of Agriculture’s National Forest Service programs for firefighters. The transfer to federal agencies, donations to state and local governments, and public sale will resume as soon as computerized property listings can be reset, which is expected next week. Rules on ownership of items and accountability standards will also continue as before.
In June, DLA Disposition Services found that some military diesel engines were approved for use only under an EPA national security exemption. DLA, out of an abundance of caution, halted dispensing relevant excess equipment in order to ensure that there was no potential CAA violation that resulted from transferring items with national security exemptions.
On Aug. 12, the issue was fully resolved when EPA officials told DLA that after fully studying the issue, the agency will continue to recognize the national security exemptions for transferred equipment based on DLA Disposition Services’ current disposal procedures.