Formerly Used Defense Sites
The U.S. Army Corps of Engineers Needs to Improve Its Process for Reviewing Completed Cleanup Remedies to Ensure Continued Protection Gao ID: GAO-10-46 October 29, 2009The Department of Defense (DOD) estimates that cleaning up known hazards at the over 4,700 formerly used defense sites (FUDS)--sites transferred to other owners before October 1986--will require more than 50 years and cost about $18 billion. This estimate excludes any additional needed cleanup of emerging contaminants--generally, those not yet governed by a health standard. DOD delegated FUDS cleanup responsibility to the U.S. Army Corps of Engineers (Corps). In addition to FUDS, DOD is responsible for cleaning up about 21,500 sites on active bases and 5,400 sites on realigned or closed bases. The House Armed Services Committee directed GAO to examine (1) the extent to which the Corps reevaluates sites to identify emerging contaminants; (2) how DOD allocates cleanup funds; (3) how the Corps prioritizes FUDS for cleanup; and (4) FUDS program overhead costs. GAO analyzed nationwide FUDS property and project data; policies, guidance and budget documents; and interviewed DOD and Corps officials.
The Corps has not often re-examined sites after they have been cleaned up to determine whether emerging contaminants are present or need to be addressed. Generally, the Corps reevaluates sites only when requested by states or others, or when reviewing the completed remedy to ensure its continuing protectiveness. Such reviews are required every 5 years for sites where the chosen remedy does not allow for unlimited use and unrestricted exposure. Corps officials said that they had not received many requests to re-examine sites and few FUDS had required 5-year reviews. Reports on the 15 5-year reviews completed as of May 2009 within four Corps divisions indicated that the Corps has not consistently (1) conducted required 5-year reviews on time, (2) conducted reviews when they are not required but may be appropriate, as EPA recommends, and (3) submitted reports on these reviews for technical evaluation, as required by Corps policy. Also, DOD and the Corps lack accurate, complete information on the status of these reviews. Without timely, accurate, and complete reviews, the Corps cannot ensure that remedies continue to protect human health and the environment. DOD proposes funding to clean up defense sites based on the department's environmental restoration goals and obligations are generally proportional to the number of sites in each site category. Funding is directed toward reducing risks to human health and the environment, among other goals. The Army, Navy, Marine Corps, Air Force, and Defense Logistics Agency each determine the funding requirements to clean up sites based on these goals. The Corps prioritizes individual FUDS for cleanup on the basis of risk and other factors. The Corps assigns each site a risk level, considering such factors as the presence of hazards, the potential for human contact, and the concentrations of contaminants and their potential for migrating, among others. According to DOD officials, sites' risk levels are the single most important criterion in determining cleanup priorities. However, the Corps also takes into account specific FUDS program goals, and other factors--such as regulators' and the public's concerns--that can influence the Corps' decisions about which sites to address first. Consequently, high risk sites are not always addressed before low risk sites. Direct program management and support costs for the FUDS program have decreased slightly in recent years, mostly due to structural changes in the program. The Corps' obligations for FUDS direct program management and support costs have declined from 11.0 percent of total program obligations in fiscal year 2004 to 9.0 percent in fiscal year 2008. In addition, to further reduce certain components of these costs to make more funds available for FUDS cleanup, the Corps reduced the number of employees managing the program and the number of districts responsible for FUDS from 22 to 14. Furthermore, Corps officials told GAO that they have implemented a number of controls--such as assigning tracking codes--to ensure that program management and support funds are spent only on approved items.
RecommendationsOur recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.
Director: Team: Phone:GAO-10-46, Formerly Used Defense Sites: The U.S. Army Corps of Engineers Needs to Improve Its Process for Reviewing Completed Cleanup Remedies to Ensure Continued Protection
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Report to the Committee on Armed Services, House of Representatives:
United States Government Accountability Office:
GAO:
October 2009:
Formerly Used Defense Sites:
The U.S. Army Corps of Engineers Needs to Improve Its Process for
Reviewing Completed Cleanup Remedies to Ensure Continued Protection:
GAO-10-46:
GAO Highlights:
Highlights of GAO-10-46, a report to the Committee on Armed Services,
House of Representatives.
Why GAO Did This Study:
The Department of Defense (DOD) estimates that cleaning up known
hazards at the over 4,700 formerly used defense sites (FUDS)”sites
transferred to other owners before October 1986”will require more than
50 years and cost about $18 billion. This estimate excludes any
additional needed cleanup of emerging contaminants”generally, those not
yet governed by a health standard. DOD delegated FUDS cleanup
responsibility to the U.S. Army Corps of Engineers (Corps).
In addition to FUDS, DOD is responsible for cleaning up about 21,500
sites on active bases and 5,400 sites on realigned or closed bases. The
House Armed Services Committee directed GAO to examine (1) the extent
to which the Corps reevaluates sites to identify emerging contaminants;
(2) how DOD allocates cleanup funds; (3) how the Corps prioritizes FUDS
for cleanup; and (4) FUDS program overhead costs. GAO analyzed
nationwide FUDS property and project data; policies, guidance and
budget documents; and interviewed DOD and Corps officials.
What GAO Found:
The Corps has not often re-examined sites after they have been cleaned
up to determine whether emerging contaminants are present or need to be
addressed. Generally, the Corps reevaluates sites only when requested
by states or others, or when reviewing the completed remedy to ensure
its continuing protectiveness. Such reviews are required every 5 years
for sites where the chosen remedy does not allow for unlimited use and
unrestricted exposure. Corps officials said that they had not received
many requests to re-examine sites and few FUDS had required 5-year
reviews. Reports on the 15 5-year reviews completed as of May 2009
within four Corps divisions indicated that the Corps has not
consistently (1) conducted required 5-year reviews on time, (2)
conducted reviews when they are not required but may be appropriate, as
EPA recommends, and (3) submitted reports on these reviews for
technical evaluation, as required by Corps policy. Also, DOD and the
Corps lack accurate, complete information on the status of these
reviews. Without timely, accurate, and complete reviews, the Corps
cannot ensure that remedies continue to protect human health and the
environment.
DOD proposes funding to clean up defense sites based on the department‘
s environmental restoration goals and obligations are generally
proportional to the number of sites in each site category. Funding is
directed toward reducing risks to human health and the environment,
among other goals. The Army, Navy, Marine Corps, Air Force, and Defense
Logistics Agency each determine the funding requirements to clean up
sites based on these goals.
The Corps prioritizes individual FUDS for cleanup on the basis of risk
and other factors. The Corps assigns each site a risk level,
considering such factors as the presence of hazards, the potential for
human contact, and the concentrations of contaminants and their
potential for migrating, among others. According to DOD officials,
sites‘ risk levels are the single most important criterion in
determining cleanup priorities. However, the Corps also takes into
account specific FUDS program goals, and other factors”such as
regulators‘ and the public‘s concerns”that can influence the Corps‘
decisions about which sites to address first. Consequently, high risk
sites are not always addressed before low risk sites.
Direct program management and support costs for the FUDS program have
decreased slightly in recent years, mostly due to structural changes in
the program. The Corps‘ obligations for FUDS direct program management
and support costs have declined from 11.0 percent of total program
obligations in fiscal year 2004 to 9.0 percent in fiscal year 2008. In
addition, to further reduce certain components of these costs to make
more funds available for FUDS cleanup, the Corps reduced the number of
employees managing the program and the number of districts responsible
for FUDS from 22 to 14. Furthermore, Corps officials told GAO that they
have implemented a number of controls”such as assigning tracking codes”
to ensure that program management and support funds are spent only on
approved items.
What GAO Recommends:
GAO recommends that the Corps conduct 5-year reviews for sites with
emerging contaminants and is making recommendations for better
management of these reviews. DOD generally agreed with the
recommendations, but did not agree to conduct reviews not specifically
required by law. We continue to believe additional reviews are needed,
consistent with EPA guidance.
View [hyperlink, http://www.gao.gov/products/GAO-10-46] or key
components. For more information, contact John B. Stephenson at (202)
512-3841 or stephensonj@gao.gov.
[End of section]
Contents:
Letter:
Background:
The Corps Uses the CERCLA Process to Address Emerging Contaminants at
FUDS, but Has Gaps in its 5-Year Review Procedures:
DOD Proposes Funding for Cleanup at FUDS, Active Sites, and BRAC Sites
Based on DERP Goals, and Funding Is Proportional to Site Inventories:
The Corps Uses Risk-Based Criteria to Prioritize FUDS for Cleanup, but
Also Considers Other Factors:
The Corps Has Reduced Direct Management and Support Costs for the FUDS
Program and Implements Accountability Measures for these Costs:
Conclusions:
Recommendations:
Agency Comments and Our Evaluation:
Appendix I: Status of Cleanup Actions at the Former Almaden Air Force
Radar Station:
Appendix II: Scope and Methodology:
Appendix III: Occurrence of Emerging Contaminants at Formerly Used
Defense Sites with Hazardous, Toxic, and Radioactive Waste:
Appendix IV: Perchlorate and Trichloroethylene Contamination at
Formerly Used Defense Sites:
Appendix V: Completion Status of Department of Defense Sites by Program
Category and Military Component:
Appendix VI: Department of Defense Obligations and Estimated Costs to
Complete Environmental Restoration by Military Component and Program
Category:
Appendix VII: Department of Defense's Inventory of Sites and Number of
High Risk Sites by Military Component and Program Category:
Appendix VIII: Formerly Used Defense Sites Program Costs Details:
Appendix IX: Comments from the Department of Defense:
Appendix X: GAO Contact and Staff Acknowledgments:
Tables:
Table 1: DOD's Action and Watch Lists of Emerging Contaminants:
Table 2: Summary of DERP Goals for IRP and MMRP:
Table 3: Completion Status of Sites, FY 2008:
Table 4: Inventory of Sites, Obligations, and Proportions, FY 2008:
Table 5: High-Priority FUDS Receiving Funding From Corps Headquarters:
Table 6: Response Complete Rates by Project Category, FY 2008:
Table 7: Components of Direct and Indirect Program Management and
Support Costs:
Table 8: FUDS Obligations, FY 2004 through 2008:
Table 9: Program Management and Support Obligations for FUDS, FY 2004
though 2008:
Table 10: Program Management and Support Proportions for FUDS, FY 2004
through 2008:
Table 11: Maximum Detected Concentrations of Emerging Contaminants in
Groundwater at HTRW FUDS:
Table 12: Maximum Detected Concentrations of Emerging Contaminants in
Surface Water at HTRW FUDS:
Table 13: Maximum Detected Concentrations of Emerging Contaminants in
Soil at HTRW FUDS:
Table 14: Maximum Detected Concentrations of Emerging Contaminants in
Sediment at HTRW FUDS:
Table 15: Perchlorate Detections at FUDS, June 2006 to April 2008:
Table 16: Active Sites Cleanup Completion Status for FY 2004 through
2008:
Table 17: BRAC Sites Cleanup Completion Status for FY 2004 through
2008:
Table 18: FUDS Sites Cleanup Completion Status for FY 2004 through
2008:
Table 19: DOD Obligations for Cleanup at Active Sites under the IRP,
MMRP and BD/DR, FY 2004 through 2008:
Table 20: DOD's Obligations for Cleanup at BRAC Sites under the IRP and
MMRP, FY 2004 through 2008:
Table 21: DOD's Obligations for Cleanup at FUDS under the IRP, MMRP and
BD/DR, FY 2004 through 2008:
Table 22: DOD's Estimated Costs to Complete Environmental Cleanup for
Active, BRAC, and FUDS sites by Program Category, FY 2004 through 2008:
Table 23: Inventory for Active DOD Sites, FY 2004 through 2008:
Table 24: Inventory for BRAC Sites, FY 2004 through 2008:
Table 25: Inventory for FUDS, FY 2004 through 2008:
Table 26: Total FUDS Program Obligations by Cost Component, FY 2004
through 2008:
Table 27: FUDS Program Cost Components as a Percentage of Total FUDS
Obligations, FY 2004 through 2008:
Figure:
Figure 1: DERP Program Categories and Project Types at FUDS:
Abbreviations:
ARAR: applicable or relevant and appropriate requirements:
BD/DR: building demolition and debris removal:
BRAC: Base Realignment and Closure:
CERCLA: Comprehensive Environmental Response, Compensation, and
Liability Act:
CON/HTRW: containerized hazardous, toxic, and radioactive waste:
Corps: U.S. Army Corps of Engineers:
DERP: Defense Environmental Restoration Program:
DOD: Department of Defense:
DSMOA: Defense State Memorandum of Agreements:
EPA: Environmental Protection Agency:
FUDS: formerly used defense sites:
FUDSMIS: Formerly Used Defense Sites Management Information System:
FY: fiscal year:
HTRW: hazardous, toxic, and radioactive waste:
IRIS: Integrated Risk Information System:
IRP: Installation Restoration Program:
MMRP: Military Munitions Response Program:
MROSD: Midpeninsula Regional Open Space District:
MRSPP: munitions response site prioritization protocol:
NCP: National Oil and Hazardous Substance Pollution Contingency Plan:
PPB: parts per billion:
RIP/RC: remedy in place or response complete:
RRSE: relative risk site evaluation:
SMAP: Statewide Management Action Plan:
TCE: trichloroethylene:
[End of section]
United States Government Accountability Office:
Washington, DC 20548:
October 29, 2009:
The Honorable Ike Skelton:
Chairman:
The Honorable Howard P. "Buck" McKeon: Ranking Member:
Committee on Armed Services:
House of Representatives:
The U.S. Army Corps of Engineers (Corps) has invested about $4.4
billion since fiscal year (FY) 1984 to address contamination and
hazards at formerly used defense sites (FUDS). These sites are located
on properties that were under the jurisdiction of the Department of
Defense (DOD) and owned by, leased to, or otherwise possessed by the
United States prior to October 17, 1986, but have since been
transferred to states, local governments, federal entities, and private
parties.[Footnote 1] They can range in size from less than an acre to
many thousands of acres and are used as parks, airports, industrial and
commercial facilities, schools, and homes, among other uses. FUDS can
include hazards such as unsafe buildings, toxic and radioactive wastes,
hazardous wastes in storage containers, ordnance, and explosive
compounds. Under the Defense Environmental Restoration Program (DERP),
DOD is authorized to identify, investigate, and clean up certain
environmental contamination and address other hazards at both FUDS and
active installations. In the case of some FUDS, they have been outside
DOD jurisdiction for more than 100 years. DOD delegated its authority
for administering the cleanup of FUDS to the Department of the Army,
which, in turn, delegated its execution to the Corps. As of September
30, 2008, the Corps had identified over 4,700 sites that are eligible
for cleanup under the program.
The Corps estimates that, at current funding levels, cleaning up known
DOD contamination and hazards at FUDS will take more than 50 years and
cost about an additional $18 billion. However, this timeline and cost
estimate may expand if further cleanup at FUDS is required due to
changes in regulations, or if 5-year reviews of site cleanup reveal the
need for additional actions, such as to address emerging contaminants.
[Footnote 2] DOD defines an emerging contaminant as a contaminant that
(1) has a reasonably possible pathway to enter the environment; (2)
presents a potential unacceptable human health or environmental risk;
and (3) either does not have regulatory standards based on peer-
reviewed science or has regulatory standards that are evolving due to
new science, detection capabilities, or exposure pathways.[Footnote 3]
The House Armed Services Committee report accompanying the National
Defense Authorization Act for FY 2009 directed us to conduct a study of
DOD's efforts to clean up FUDS. As discussed with the committee staff,
we examined (1) how the Corps addresses emerging contaminants at FUDS,
and the extent to which the Corps reevaluates sites during 5-year
reviews or other circumstances to determine the need to address
emerging contaminants; (2) DOD's process for proposing funding for
cleanup at FUDS and other sites in the defense cleanup program; (3) the
Corps' criteria for prioritizing FUDS for cleanup and how closely the
Corps follows these criteria; and (4) the components and total amounts
of management and support costs for the FUDS program, how these costs
have changed over time, and the Corps' accountability measures for
these costs. In addition, at the request of the committee, this report
provides information on the status of the Corps' cleanup efforts at the
former Almaden Air Force Station, a FUDS located near San Jose,
California (see appendix I).
In conducting our work, we reviewed program information obtained from
officials with DOD's DERP; the Department of the Army; the Corps'
headquarters; the Corps' Environmental and Munitions Center of
Expertise; 4 of the 7 Corps military divisions; and 4 of the 14
districts responsible for FUDS program execution. We selected the 4
divisions based on geographic dispersion, the number of FUDS within a
division, and planned obligations for FY 2009. Within these divisions,
we selected four districts with FUDS program management
responsibilities. To evaluate the Corps' process for addressing
emerging contaminants and prioritizing sites for cleanup, we reviewed
and analyzed the nationwide property and project data in the Corps'
FUDS Management Information System (FUDSMIS) through September 30,
2008. We assessed the reliability of relevant fields in this database.
When we found inconsistencies, we worked with DOD and Corps officials
to correct the discrepancies before conducting our analyses. We
determined that the data needed for our analyses were sufficiently
reliable for the purposes of our report. We reviewed relevant sections
of key laws, regulations, policies, guidance, DOD budget justification
documents, and DOD's Defense Environmental Programs Annual Report to
Congress. We also obtained information on the Corps' completed and
planned 5-year reviews. In addition, we interviewed officials of the
Environmental Protection Agency (EPA) and two state organizations--the
National Governors Association and the Association of State and
Territorial Solid Waste Management Officials--to obtain their
perspectives on FUDS cleanup.
We conducted this performance audit from September 2008 through October
2009, in accordance with generally accepted government auditing
standards. Those standards require that we plan and perform the audit
to obtain sufficient, appropriate evidence to provide a reasonable
basis for our findings and conclusions based on our audit objectives.
We believe that the evidence obtained provides a reasonable basis for
our findings and conclusions based on our audit objectives. A more
detailed description of our scope and methodology is presented in
appendix II.
Background:
Under DERP, DOD is required to carry out a program of environmental
restoration activities at sites located on former and active defense
installations that were contaminated while under DOD's jurisdiction.
The goals of the program include the identification, investigation,
research and development, and cleanup of contamination from hazardous
substances, pollutants, and contaminants; the correction of other
environmental damage (such as detection and disposal of unexploded
ordnance) which creates an imminent and substantial endangerment to
public health or welfare or the environment; and demolition and removal
of unsafe buildings and structures. To that end, DOD has established
performance measures and goals and identified over 31,600 sites that
are eligible for cleanup, including about 4,700 FUDS, 21,500 sites on
active installations, and 5,400 sites on installations that have been
closed or are designated to be closed or realigned under the Base
Realignment and Closure (BRAC) process.[Footnote 4] The DERP was
established by section 211 of the Superfund Amendments and
Reauthorization Act of 1986 which amended the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980. In implementing the DERP, DOD is required to carry out its
activities addressing hazardous substances, pollutants, or contaminants
in a manner consistent with section 120 of CERCLA.[Footnote 5] Funding
for DERP cleanup activities comes from the Environmental Restoration
and BRAC accounts. The Environmental Restoration accounts fund cleanup
activities at FUDS and active sites and the BRAC accounts fund cleanup
activities at certain closing or realigning installations.[Footnote 6]
To carry out the DERP at FUDS, DOD has established three major program
categories: the Installation Restoration Program, the Military
Munitions Response Program, and the Building Demolition/Debris Removal
Program. Specifically:
* Installation Restoration Program (IRP). DOD established the IRP in
1985 to address the release of hazardous substances, pollutants, or
contaminants resulting from past practices that pose environmental
health and safety risks on both active sites and FUDS. For FUDS, the
IRP includes (1) hazardous, toxic, and radioactive waste (HTRW) sites
and (2) containerized hazardous, toxic, and radioactive waste (CON/
HTRW) sites, such as sites with transformers and aboveground or
underground storage tanks. In FY 2008, 2,621 FUDS were included in the
IRP. DOD has developed performance measures to assess progress toward
the agency's IRP goals. These goals are based on the achievement of
certain CERCLA cleanup phases and include progress toward achieving DOD
milestones of "remedy in place" and/or "response complete" at
installations, and progress in reducing overall risks. Specific IRP
targets are included in DOD's annual report to the Congress.
* Military Munitions Response Program (MMRP). DOD established the MMRP
in September 2001 as a separate program to focus on addressing
potential explosive and environmental hazards associated with munitions
sites on both active installations and FUDS, due to the unique issues
associated with munitions sites. The MMRP includes sites with munitions
and explosives of concern, munitions constituents, and chemical warfare
materiel.[Footnote 7] In FY 2008, 1,661 FUDS were included in the MMRP.
The objectives of the program include compiling a comprehensive
inventory of military munitions sites, establishing a prioritization
protocol for cleanup work at these sites, and establishing program
goals and performance measures to evaluate progress. In December 2001,
shortly after DOD established the program, the Congress passed the
National Defense Authorization Act for FY 2002, which, among other
things, required DOD to develop, by May 31, 2003, an initial inventory
of defense sites, other than military ranges still in operation, that
are known or suspected to contain military munitions and to provide
annual updates thereafter, among other requirements. DOD provides these
updates as part of its Defense Environmental Programs Annual Report to
Congress.
* Building Demolition/Debris Removal Program (BD/DR). To address the
demolition and removal of unsafe buildings or structures, DOD
established the BD/DR Program. In FY 2008, the Corps had 423 FUDS in
the BD/DR program. Because of the small number of FUDS in the BD/DR
Program, DOD measures and reports cleanup progress at BD/DR sites with
the IRP program.[Footnote 8]
Figure 1 shows these three program categories and the types of cleanup
projects within each category at FUDS. A FUDS property may have
multiple types of cleanup projects, which we refer to as "sites." For
example, a single FUDS property could have a munitions site; a building
demolition/debris removal site; and a hazardous, toxic, and radioactive
waste site.
Figure 1: DERP Program Categories and Project Types at FUDS:
[Refer to PDF for image: illustration]
Defense Environmental Restoration at FUDS:
IRP:
* Hazardous toxic and radioactive waste.
MMRP:
* Munitions and explosives of concern and munitions constituents;
- Chemical warfare materiel.
BD/DR Program:
* Unsafe buildings and structures.
Source: GAO analysis of DOD information.
[End of figure]
DOD is responsible for cleaning up its releases of hazardous substances
under DERP, in accordance with CERCLA.[Footnote 9] The remedy chosen
for such a release must meet certain standards for contaminants set
under state or federal laws or regulations.[Footnote 10] If there is no
standard for a given contaminant, DOD must still achieve a degree of
cleanup, which at a minimum, assures protection of human health and the
environment. Thus, the absence of a federal or state standard for the
cleanup of a particular hazardous substance does not negate DOD's
responsibility to clean up releases of that substance.
Currently, all seven of the Corps' geographic military divisions and 14
of its 45 districts within these divisions have responsibilities for
identifying, investigating, and cleaning up hazards at FUDS. The Corps'
Environmental and Munitions Center of Expertise provides specialized
technical assistance to help the Corps' divisions and districts execute
their responsibilities. The Corps' FUDS program policy follows DERP
management guidance, provides specific policy and guidance for managing
and executing the FUDS program, and applies to all Corps elements
engaged in FUDS program activities.[Footnote 11] Depending on the types
of hazards involved and their severity, either a state environmental
regulatory agency or EPA is the lead regulator at a FUDS. The lead
regulator is responsible for providing regulatory oversight of the
Corp's actions to clean up FUDS. In general, EPA is the lead regulator
for all sites, including FUDS properties, on EPA's list of some of the
most contaminated sites in the country--the National Priorities List.
Most FUDS are not on the National Priorities List, and states are
typically the lead regulators for these FUDS properties.[Footnote 12]
To be eligible for FUDS cleanup under the DERP and FUDS program policy,
a property must have been under the jurisdiction of DOD and owned by,
leased to, or otherwise possessed by the United States at the time of
actions leading to contamination by hazardous substances or other
hazards prior to October 17, 1986. In deciding which actions, if any,
need to be taken at FUDS, the Corps uses the process outlined in the
National Oil and Hazardous Substance Pollution Contingency Plan (NCP)
for identifying, investigating, and cleaning up releases of hazardous
substances under CERCLA.[Footnote 13] The Corps describes its usual
process in the following, generally sequential, phases:
* Preliminary assessment--The Corps uses available information,
including a search of historical records, to determine whether the
property was ever under the jurisdiction of DOD and owned or controlled
by the United States, and if hazards caused by DOD's use may be
present. If the Corps determines that the property was under the
jurisdiction of DOD and owned or controlled by the United States, but
does not find evidence of any hazards caused by DOD, it designates the
property as "no DOD action indicated." If, however, the Corps
determines that hazards caused by DOD prior to October 17, 1986, may be
present, the Corps begins further study.
* Site inspection--The Corps inspects the site to confirm the presence
and possible sources of hazards; to confirm that a release has
occurred; or eliminate from further consideration those sites that pose
no significant threat to public health or the environment. The site
inspection builds upon the preliminary assessment and involves sampling
to determine the nature of contamination, potential pathways of
exposure, and recommendations for further action.
* Remedial investigation--The Corps conducts more rigorous sampling and
analysis to determine the nature and extent of the release, evaluates
the baseline risk to human health and the environment posed by the
release, and determines if further response action is required to
respond to an unacceptable risk.
* Feasibility study--The Corps analyses the feasibility of alternative
remedies to respond to the release using the CERCLA remedy selection
criteria and establishes the cleanup criteria for the remedial action.
* Proposed plan--The Corps proposes to the public and the lead
regulator its recommendation for a remedial action to respond to the
release and explains how it will satisfy the remedy selection criteria
of CERCLA and the NCP.
* Remedy selection--The Corps issues a record of decision or decision
document signed by an authorized agency official to formally select the
remedial action to be taken to respond to the release and explains the
elements of the remedy and the basis for its selection using the remedy
selection criteria of CERCLA and the NCP.
* Remedial design--The Corps designs the remedy selected by the
feasibility study.
* Remedial action construction--The Corps constructs the selected
remedy. At the end of construction, the DOD's milestone "remedy-in-
place" is met when testing of the remedy shows that it will function as
designed.
* Remedial action operation--The Corps operates the selected remedy
until the cleanup objective is achieved. At the end of operation, the
DOD's milestone, "response complete" is met.
* Long-term management--The Corps may conduct ongoing environmental
management for a number of years to ensure that the remedy continues to
provide the protection it was designed to achieve for human health,
safety, and the environment. Examples of long-term management
activities are monitoring of a groundwater treatment system,
maintenance of a landfill cap, and enforcement of land use controls. In
addition, the NCP requires that the Corps, as the agency responsible
for FUDS cleanup, conduct "5-year reviews" of sites not less than every
5 years after the start of remedial action, when the chosen remedy does
not allow for unlimited use and unrestricted exposure. The Corps
continues long-term management activities until they are no longer
required.
DOD has also established a three-tiered process for identifying and
evaluating changes in the information about emerging contaminants or
how these contaminants are regulated that may affect DOD's actions or
decisions in several areas, including cleanup of contaminated sites.
DOD's Chemical and Material Risk Management Directorate manages this
process, called "scan-watch-action," and has developed watch and action
lists of emerging contaminants (see table 1). The watch list identifies
chemicals for which there is a potential for a regulatory change that
may affect DOD and the action list includes chemicals for which there
is significant potential for regulatory change that may affect DOD.
Table 1: DOD's Action and Watch Lists of Emerging Contaminants:
Action List contaminants:
* Beryllium;
* Hexavalent chromium (Chromium VI);
* Naphthalene;
* Perchlorate;
* Royal Demolition Explosive;
* Sulfur hexafluoride[A];
* Trichloroethylene (TCE).
Watch List contaminants:
* 1,4-dioxane;
* Cadmium and compounds;
* Cerium and compounds;
* Cobalt and compounds;
* Dioxins;
* Lead compounds;
* Manganese and compounds;
* Nanomaterials[A];
* Nickel;
* Perfluorooctanoic acid;
* Perfluorooctyle sulfonate;
* Di-nitrotoluene;
* Tetrachloroethylene;
* Tungsten;
* Tungsten alloys.
Source: DOD.
[A] DOD officials told us that sulfur hexafluoride and nanomaterials
are not relevant to FUDS.
[End of table]
The Corps Uses the CERCLA Process to Address Emerging Contaminants at
FUDS, but Has Gaps in its 5-Year Review Procedures:
According to DOD and Corps officials, the Corps addresses emerging
contaminants at FUDS the same way it does other contaminants--by using
the established CERCLA process. However, using this process has not
often led the Corps to re-examine sites after response actions are
completed to determine whether emerging contaminants are present or
need to be addressed. Further, our analysis of information on the 5-
year reviews completed in 4 divisions identified problems with the
Corps' 5-year review procedures. We found that (1) reviews were not
completed on time; (2) DOD and the Corps do not have accurate, complete
information on how many 5-year reviews are required, completed, or
planned; (3) divisions are inconsistent in their approaches to
conducting 5-year reviews for sites where they are recommended, but not
required; and (4) review reports did not always receive the technical
review by Corps experts required by Corps policy.
The Corps Uses the CERCLA Process for Investigating and Responding to
Emerging Contaminants:
The Corps identifies and addresses emerging contaminants at FUDS, as it
does other contaminants--using the CERCLA process for identifying,
investigating, and cleaning up releases of hazardous substances that is
outlined in the NCP. Corps officials told us that in their initial
evaluations of FUDS under CERCLA, the agency tested for most known
emerging contaminants at those sites where there was a reason to
suspect these contaminants were present and caused by DOD. They also
told us that the Corps would sample a site for a contaminant, if
appropriate, regardless of whether there is a federal or state standard
for it. Appendix III provides information on the occurrence of emerging
contaminants in groundwater, surface water, soil, and sediment at HTRW
FUDS, based on the samples taken as of September 30, 2008.
To make informed decisions on which contaminants to sample for at a
site, the Corps' districts review records of DOD's past use of the
site. In 2002, we reported that the Corps lacked comprehensive guidance
on the typical hazards that may be present at DOD properties as a
result of certain types of DOD activities.[Footnote 14] However, the
Corps subsequently developed guidance, and between 2003 and 2008,
issued a series of reports identifying potential chemicals that past
military activities may have released. District officials told us that
they use this guidance, called "Common Operations Reports," in
conjunction with historical information about a site to determine which
contaminants may have been released there. After sampling for
contaminants at a site, the Corps uses the sampling results and other
site-specific information to assign relative risk levels to sites.
These relative risk levels are not based on a comprehensive risk
assessment, but are a tool used to prioritize the site for cleanup
based on information collected early in the cleanup process.
After further defining the nature and extent of contamination at a
site, the Corps then uses scientific information on contaminants,
sampling results, and other site-specific data--such as information on
exposure pathways, potential receptors, and site use--to conduct more
comprehensive site-specific risk assessments that are to be used in
making cleanup decisions for the site. This requires the Corps to
identify and select appropriate contaminant toxicity values to use in
assessing risks to human health and the environment.[Footnote 15] The
identification of toxicity values is a crucial step that presents
special challenges for emerging contaminants, for which information on
human health effects may be insufficient, limited, or evolving. DOD's
and EPA's preferred source for the fundamental toxicity information
needed to develop human health risk assessments is EPA's Integrated
Risk Information System (IRIS), a database that contains EPA's
scientific position on the potential human health effects of exposure
to more than 540 chemicals. However, IRIS does not contain final
assessments for some emerging contaminants.[Footnote 16] For example:
* naphthalene, a component of jet fuel that has contaminated many
military bases;
* trichloroethylene (TCE), a solvent widely used in industrial and
manufacturing settings;
* cyclotrimethylenetrinitramine, which is also known as Royal
Demolition Explosive, a highly powerful explosive used by the U.S.
military in thousands of munitions;
* dioxin, a chemical that is often the byproduct of combustion and
other industrial processes; and:
* tetrachloroethylene, which is also known as perchloroethylene, a
manufactured chemical widely used for dry cleaning fabrics, metal
degreasing, and production of some consumer products and other
chemicals.
DOD worked with EPA and the Environmental Council of States (ECOS) to
develop a white paper in 2007 on the process to use for identifying and
selecting toxicity values when there are no values available from IRIS.
[Footnote 17] ECOS endorsed the white paper by a formal resolution of
the member states. DOD formalized the process outlined in this paper
with a June 2009 policy on emerging contaminants.[Footnote 18]
Using the site-specific risk assessments, the Corps develops site-
specific, risk-based cleanup levels for contaminants at FUDS. Under
CERCLA, the Corps must choose a cleanup alternative that, at a minimum,
assures protection of human health and the environment. In developing a
protective remedy, the Corps considers generally acceptable risk ranges
[Footnote 19] and must choose a remedy which will comply with the
applicable or relevant and appropriate requirements (ARAR) that have
been identified for the site. The Corps and most FUDS state regulators
identify ARARs based on site-specific factors such as the contaminants
present, site location and physical features, and response actions
being considered. Federal or state standards are not automatically
applied to a site--they must first be identified as ARARs for the site.
ARARs, which are used as a starting point to assess the protectiveness
of a remedy, consist of the following two sets of requirements:
* Applicable requirements are cleanup standards; standards of control;
and other substantive requirements, criteria, or limitations
promulgated under federal environmental or state environmental or
facility siting laws that specifically address a hazardous substance,
pollutant, contaminant, remedial action, location, or other
circumstance found at a CERCLA site. Only those state standards that
are identified by a state in a timely manner and that are more
stringent than federal requirements may be applicable.
* Relevant and appropriate requirements are requirements that do not
meet this definition of "applicable," but address situations
sufficiently similar to those encountered at a CERCLA site that their
use is well suited to the particular site. State standards must be
identified in a timely manner and be more stringent than federal
requirements to be considered relevant and appropriate.
If there are no ARARs for contaminants at a site, cleanup levels for
the contaminants are established based on the Corps' site-specific risk
assessments. In addition, as part of the ARAR identification process,
the Corps also identifies other information that may be considered
under CERCLA in establishing cleanup levels. This information is not
legally binding and can include nonpromulgated guidelines, advisories,
or guidance issued by states or the federal government--for example,
drinking water health advisories issued by EPA.
After the Corps selects a remedy under CERCLA, if the remedy results in
any hazardous substances, pollutants, or contaminants remaining at the
site, the Corps must review the remedy no less often than each 5 years
after the remedial action was initiated to assure that the remedy is
protecting human health and the environment. EPA, the primary
regulatory agency for CERCLA, interprets the 5-year review requirement
to apply when the remedy for a site will not clean up the site to a
level that allows for unlimited use and unrestricted exposure. In
addition, EPA guidance notes that 5-year reviews are appropriate, even
if not required, for sites where the cleanup will eventually allow
unlimited use and unrestricted exposure, but will require more than 5
years to complete.
EPA and Corps guidance recommend that 5-year review reports include,
among other things, a history of the site, a description of the
response actions, a summary of the review process, and certain
analysis. This analysis should identify whether (1) the response
action--for example, a groundwater treatment system to reduce
contaminant concentrations, or land use controls to prevent access to a
site--is functioning as intended; (2) assumptions--such as exposure
assumptions, toxicity of contaminants, and cleanup levels--used at the
time of selecting the response action are still valid; and (3) any new
information--such as on changes in the use and accessibility of the
site--that indicates the response action may no longer be protective of
human health, safety, and the environment[Footnote 20]. In addition,
although CERCLA does not require the collection of new samples to
determine the presence of additional contaminants during the 5-year
review, the review provides a mechanism to consider available evidence
of new contamination that is brought to the attention of the districts.
In this regard, EPA guidance instructs those conducting 5-year reviews
to consider whether new contaminants have been identified when
evaluating the continuing validity of the assumptions used at the time
of remedy selection. Finally, EPA and Corps guidance recommend that the
5-year review reports include recommendations for follow-up actions, if
necessary, to address identified deficiencies. The Corps may need to
modify the cleanup actions at a site if the 5-year review identifies
significant changes in contaminant or site information that call into
question the protectiveness of the remedy, as determined by a
comparison of site-specific risks with the generally acceptable risk
ranges.[Footnote 21]
In addition to using the CERCLA process, the Corps also uses EPA, DOD,
and Army policies or guidance specific to certain contaminants or
issues, including perchlorate and TCE, emerging contaminants that are
of particular concern to DOD because they have significant potential to
affect people or DOD's mission. Appendix IV provides more information
on these contaminants at FUDS.
The Corps Considers New Information on Contaminants in its 5-Year
Reviews, but Has Problems with its Review Procedures:
Our analysis of information on the Corps' 5-year reviews for FUDS in 4
divisions identified the following problems with the Corps' review
process: (1) the reviews were not completed on time; (2) DOD and the
Corps lack accurate, complete information on these reviews; (3) Corps
divisions are inconsistent in their approaches to conducting 5-year
reviews for sites where they are recommended, but not required; and (4)
the reports resulting from these reviews did not always receive the
technical review by Corps experts as required by Corps policy. These 5-
year reviews can be conducted in the remedial action construction,
remedial action operation, and long-term management phases. These
reviews provide a mechanism for identifying and responding to changes
that may occur, such as new scientific knowledge, regulation of
emerging contaminants, or the discovery of additional munitions at a
site. Corps officials told us that, to date, few FUDS have required 5-
year reviews, due to a variety of factors. For example:
* The Corps strives to clean up FUDS to a level that allows unlimited
use and unrestricted exposure, which does not require a 5-year review--
preventing exposure to contaminants left in place can be more difficult
at FUDS properties than active DOD installations because DOD no longer
owns or controls FUDS properties and does not have the same ability to
restrict land use.
* The Corps has completed cleanup at a higher percentage of building
demolition/debris removal sites and containerized waste sites than
hazardous, toxic, and radioactive sites. This is because, while cleanup
is under way at hazardous, toxic, and radioactive sites, these sites
are typically much more complex than building demolition/debris removal
sites and containerized waste sites, and significantly more time and
investment is required to complete cleanup. Building demolition/debris
removal sites do not generally require 5-year reviews because these
types of sites involve unsafe buildings, or structures and generally
not the hazardous substances, pollutants, or contaminants to which
CERCLA applies. Containerized waste sites can require 5-year reviews,
but Corps officials in 2 divisions told us that most of these sites
were cleaned up to a level that did not require 5-year reviews. In
addition, one division told us that most of the containerized waste
site cleanups completed by the Corps to date were for petroleum storage
tanks. Petroleum is not a hazardous substance, pollutant, or
contaminant under CERCLA,[Footnote 22] so 5-year reviews are not
required for actions to address petroleum contamination at FUDS.
[Footnote 23]
* In some divisions and for certain types of sites, the Corps has not
yet reached the point at which 5-year reviews become required. For
example, one division official told us that they have only recently
begun completing cleanup of HTRW sites, and another division official
said that most of the sites that might need a 5-year review have not
yet been cleaned up. Further, many munitions sites have not yet reached
the trigger date for 5-year reviews--the initiation of remedial
actions--because they are still in the investigation phase. Corps'
guidance states that all FUDS where an ordnance and explosives response
action is implemented require 5-year reviews.
Corps officials told us that the districts will be conducting more 5-
year reviews in the future. For example, officials in the 4 districts
we contacted told us that they will be responsible for completing a
total of 30 5-year reviews from FY 2009 through 2014. As of May 2009,
these districts had completed a total of 15 5-year reviews--5 for IRP
sites and 10 for MMRP sites. However, our examination of information on
these 15 reviews indicated that these districts have not consistently
implemented the 5-year review process in accordance with CERCLA or
Corps and EPA guidance. We found that:
* 5-year reviews were not always completed on time[Footnote 24]. For
example, all of the five 5-year reviews conducted for IRP sites and at
least five of the reviews for MMRP sites were completed late, with the
reports being late by 3 months to 9 year[Footnote 25]s. In addition,
for three of the five IRP sites for which 5-year reviews had been
completed, we determined that the Corps incorrectly identified the
trigger dates for initial 5-year reviews as the completion, rather than
initiation, of the remedial action.[Footnote 26] We also found that one
additional review for an IRP site is already overdue by more than 3
years, and at least 3 additional reviews for MMRP sites are overdue by
1 to 5 years.[Footnote 27] Corps officials cited a variety of reasons
for these delays, including turnover of program and project managers;
lack of internal staffing resources for conducting the reviews; and
multiple report iterations resulting from lengthy internal and external
reviews involving Corps staff, EPA headquarters and regional offices,
and state regulators. Officials also cited program budget and resource
constraints, with one district highlighting a higher programmatic
emphasis on meeting DOD's goal of completing site inspections for MMRP
sites by September 30, [Footnote 28]2010. In addition, the delay for
the 5-year review for an IRP site at the Former Weldon Spring Ordnance
Works in Missouri resulted from the discovery of additional
contamination during the Corps' activities to close the site.
* DOD and the Corps do not have accurate, complete information on how
many 5-year reviews are required, completed, or planned for the FUDS
program. DOD and the Corps rely on data from FUDSMIS for program-wide
information on the status of 5-year reviews at FUDS. To manage and
implement the FUDS program, DOD, the Army, and the Corps use FUDSMIS to
support planning, programming, budgeting, annual workplan development,
execution, and reporting requirements for the FUDS program. This system
includes data fields to indicate whether a 5-year review is required at
a site, record the actual date the 5-year review was completed, and
record the scheduled date of subsequent 5-year reviews, among other
things. Moreover, DOD uses these data from FUDSMIS to provide
information on the status of 5-year reviews at each FUDS property in
its Defense Environmental Programs Annual Report to Congress. Corps
policy requires the districts to enter this information in the
available data fields in FUDSMIS, and the divisions also have
responsibility for ensuring that the data are accurate and complete. In
addition, the accuracy and completeness of FUDSMIS data on 5-year
review planning is part of one of the FUDS Program Management
Indicators established by the Corps to evaluate divisions' and
districts' performance and to measure and demonstrate progress toward
cleaning up contamination at FUDS. However, we found that the three
divisions we spoke with did not consistently track 5-year reviews in
FUDSMIS. Of these three divisions, officials at one division were not
aware of the data fields in FUDSMIS related to 5-year reviews.
Officials at the remaining two divisions told us that neither they nor
their districts enter the required information on 5-year reviews
because there is no way for them to later retrieve that information in
a way that would be useful to them in managing their work, such as a
report listing sites that require such reviews. In addition, they noted
that improvements to the system are needed--particularly to (1) alert
them to upcoming reviews they need to conduct, (2) better track the
dates that trigger the reviews, and (3) enable the generation of
reports on 5-year reviews.
* Divisions are inconsistent in their approaches to conducting 5-year
reviews for sites where they are recommended but not required.
Officials in only one division told us that their districts would
conduct 5-year reviews for sites where the cleanup will eventually
allow unlimited use and unrestricted exposure, but where the cleanup
will require more than 5 years to complete--sites for which 5-year
reviews are recommended by EPA but not required. Conducting reviews
under these circumstances may be important for sites where cleanup may
require many years, during which information on emerging contaminants
may evolve. For example, the Corps estimates that cleanup of TCE in
groundwater at the former Nebraska Ordnance Plant will take more than
100 years. According to division officials, the district managing
cleanup of this FUDS is in the process of finalizing the site's first
IRP 5-year review, which will indicate that the remedy remains
protective of human health and the environment. The 5-year review will
recommend an evaluation of a newly identified exposure pathway--
intrusion of TCE vapors from the subsurface into buildings--at a
limited portion of the site that is currently residential. In addition,
the review discusses changes in toxicity data for carcinogenic and
noncarcinogenic effects of TCE. The 5-year review also evaluates the
potential long-term impacts of a newly identified exposure pathway at
the site--intrusion of TCE vapors from the subsurface into buildings--
on the protectiveness of the remedy. Conducting 5-year reviews at this
site in the future, although not required under CERCLA and the NCP,
will allow the Corps the opportunity to periodically identify whether
information on TCE has changed to a degree that may affect the
protectiveness of the remedy.
* 5-year review reports did not always receive the required technical
review by Corps' experts. Since 1999 and 2004, Corps policy has
required districts to provide their 5-year review reports for MMRP
sites and IRP sites, respectively, to the Corps' Center of Expertise
for comment. According to Corps officials, the Center of Expertise's
staff has up-to-date technical expertise that enables them to help the
districts identify and respond to potentially important changes that
may occur with respect to emerging contaminants--for example, changes
in contaminant standards, toxicity information, and exposure pathways,
such as vapor intrusion. When conducting their technical review of the
districts' 5-year review reports, specialists at the Center of
Expertise are to assess whether the reports are well-documented, follow
relevant guidance, such as EPA's 2001 guidance on conducting 5-year
reviews, and include the necessary statement on the protectiveness of
the response actions. They also are to evaluate how the reports address
whether the assumptions used at the time of selecting the response
action are still valid--such as exposure assumptions, toxicity of
contaminants, and cleanup levels. Nine of the ten 5-year reviews
completed for MMRP sites were completed after the Corps' 1999 policy
requiring submission of review reports was issued[Footnote 29];
however, we found that the districts in one division did not submit
three of their five reports to the Center of Expertise for technical
review and comment.[Footnote 30] In addition, four of the five 5-year
reviews completed for IRP sites were completed after the Corps' 2004
policy was issued, but we found that one of these four reports was not
submitted for technical review and comment.
The Corps Infrequently Re-examines FUDS Outside of the 5-Year Review
Process:
The Corps has reevaluated some sites outside the 5-year review process,
but these reevaluations have been infrequent, and officials told us
that they have generally not been for the purpose of addressing
emerging contaminants. Outside the 5-year review process, Corps
districts generally only reevaluate sites at the request of state
regulators or other stakeholders. For eligible FUDS properties that
were previously determined to have no FUDS eligible projects or no
further action required, Corps policy allows districts to re-examine up
to five FUDS properties per state per year upon request by states,
tribes, EPA, or other stakeholders. In responding to such requests, the
Corps may review the records or other original information for the
property, as well as any additional information provided by EPA, the
state, or tribe concerning potential DOD contamination. However, Corps
officials told us that they have not received many requests for re-
examination, and the requests received by the divisions and districts
we visited were generally not for the purpose of addressing emerging
contaminants. For example, officials in one district told us that their
re-examination of sites has mostly been in response to concerns about
petroleum contamination and munitions issues.
In addition, in some instances, the Corps reports that it has re-
examined certain FUDS on its own initiative. For example, in 2004, the
Corps re-examined certain munitions sites to assess the potential for
contamination from munitions constituents, particularly lead--an
emerging contaminant on DOD's watch list[Footnote 31]--and other heavy
metals. Corps officials note that this effort was in response to an
Army policy change requiring that munitions constituents be addressed
as part of MMRP cleanup projects. The Corps re-examined 196 FUDS
munitions sites--many of which were former small arms ranges with no
issues relating to munitions or explosives of concern--that had
previously been determined to have negligible risk and no need for DOD
action.[Footnote 32] We also found that one of the districts we
contacted is in the process of re-examining 513 sites, beginning with
records research in 2002.
While the Corps has not often re-examined FUDS outside the 5-year
review process to date, DOD and Corps officials told us that they would
reevaluate the need for additional response actions at sites if there
were changes in information on a contaminant. If a hazardous substance
release is discovered at a FUDS that was never previously addressed at
the site but occurred when the site was under DOD's jurisdiction, DOD
is responsible for addressing that release in accordance with the DERP
and CERCLA, regardless of whether the Corps has already completed
cleanup of other releases at the site. In addition, DOD may need to
initiate further response actions at a site where it has already
addressed some releases and no 5-year review is required, but new
information becomes available for a contaminant, to fulfill its
responsibility in accordance with the DERP and CERCLA. For example, new
standards may be established for such contaminants, or previously
existing standards or toxicity values may be revised. In addition, new
exposure pathways may be identified. Until fairly recently, vapor
intrusion--the migration of volatile chemicals such as TCE from
subsurface media into the indoor air of overlying buildings--was rarely
evaluated as part of human health risk assessments and was not well
understood. However, given the current inventory of FUDS still
requiring cleanup, there may be practical limitations to re-opening
sites for further cleanup. In addition, the need for DOD to re-open
FUDS to respond to changes in information or standards for contaminants
may also depend on agreements reached with EPA or state regulatory
agencies.
DOD Proposes Funding for Cleanup at FUDS, Active Sites, and BRAC Sites
Based on DERP Goals, and Funding Is Proportional to Site Inventories:
DOD uses the same method to propose funding for cleanup at FUDS, active
sites, and BRAC sites; cleanup funding is based on DERP goals and is
generally proportional to the number of sites in each of these
categories. Officials in the Military Departments, Defense Agencies,
and FUDS program who are responsible for executing the environmental
restoration activities at the sites for which they are responsible
formulate cleanup budget proposals based on instructions provided in
DOD's financial management regulation and DERP environmental
restoration performance goals.[Footnote 33] DOD's DERP goals include:
* reducing risk to human health and the environment;
* preparing BRAC properties to be environmentally suitable for
transfer;
* having final remedies in place and completing response actions; and:
* fulfilling other established milestones to demonstrate progress
toward meeting program performance goals.
DERP goals are target dates representing when the current inventory of
active and BRAC sites and FUDS are expected to complete the preliminary
assessment phase, site inspection phase, or achieve the remedy in place
or response complete (RIP/RC) milestone. In addition, Congress has
required the Secretary of Defense to establish specific performance
goals for MMRP sites.[Footnote 34] A summary of these goals for the IRP
and MMRP is shown in table 2.
Table 2: Summary of DERP Goals for IRP and MMRP:
Cleanup phase or milestone: Preliminary assessment;
Target Year for Completing Cleanup Phase or Milestone for All Sites:
IRP: Active: No goal[A];
Target Year for Completing Cleanup Phase or Milestone for All Sites:
IRP: BRAC: No goal[A];
Target Year for Completing Cleanup Phase or Milestone for All Sites:
IRP: FUDS: No goal[A];
Target Year for Completing Cleanup Phase or Milestone for All Sites:
MMRP: Active: 2007[B];
Target Year for Completing Cleanup Phase or Milestone for All Sites:
MMRP: BRAC: No goal;
Target Year for Completing Cleanup Phase or Milestone for All Sites:
MMRP: FUDS: 2007[B,F].
Cleanup phase or milestone: Site inspections;
Target Year for Completing Cleanup Phase or Milestone for All Sites:
IRP: Active: No goal[A];
Target Year for Completing Cleanup Phase or Milestone for All Sites:
IRP: BRAC: No goal[A];
Target Year for Completing Cleanup Phase or Milestone for All Sites:
IRP: FUDS: No goal[A];
Target Year for Completing Cleanup Phase or Milestone for All Sites:
MMRP: Active: 2010[B];
Target Year for Completing Cleanup Phase or Milestone for All Sites:
MMRP: BRAC: No goal;
Target Year for Completing Cleanup Phase or Milestone for All Sites:
MMRP: FUDS: 2010[B].
Cleanup phase or milestone: Remedy in place or response complete[C];
Target Year for Completing Cleanup Phase or Milestone for All Sites:
IRP: Active: 2014;
Target Year for Completing Cleanup Phase or Milestone for All Sites:
IRP: BRAC: 2014 (BRAC 2005)[D]; 2015 (Legacy BRAC)[D];
Target Year for Completing Cleanup Phase or Milestone for All Sites:
IRP: FUDS: 2020;
Target Year for Completing Cleanup Phase or Milestone for All Sites:
MMRP: Active: 2020;
Target Year for Completing Cleanup Phase or Milestone for All Sites:
MMRP: BRAC: 2009 (Legacy BRAC)[B,D]; 2017 (BRAC 2005)[B,D];
Target Year for Completing Cleanup Phase or Milestone for All Sites:
MMRP: FUDS: No goal[E].
Source: DOD-provided data, DOD Financial Management Regulation, 7000.14-
R, Vol. 2B, Ch. 13, October 2008.
[A] Because IRP is more mature than MMRP, DOD's goals for IRP are
focused on achieving remedy in place or response complete.
[B] Goals for MMRP sites contained in P.L. No. 109-364 § 313, 120 Stat.
2083, 2138; DOD Financial Management Regulation 7000.14-R, Vol. 2B, Ch.
13, October 2008; and DOD Defense Environmental Programs Annual Report
to Congress, FY 2008, Appendix K. The statute requires the Secretary of
Defense to set a RIP/RC date for active, BRAC 2005, and FUDS.
[C] Remedy in place or response complete goals apply to all IRP and
MMRP sites, with the exception of MMRP sites at FUDS, which do not have
a RIP/RC goal yet.
[D] Congress enacted legislation that instituted five separate BRAC
rounds in 1988, 1991, 1993, 1995, and 2005. "Legacy BRAC" refers to the
base closure rounds in 1988, 1991, 1993, and 1995. The most current
closures are being conducted under the "2005 BRAC" round.
[E] DOD has not yet set a RIP/RC date for FUDS MMRP sites. In FY 2009,
the Corps is beginning to develop a long-term strategy for MMRP sites
at FUDS.
[F] The Corps completed preliminary assessments at 99 percent of FUDS
MMRP sites by the end of FY 2008.
[End of table]
DOD components plan cleanup actions that are required to meet these
goals at the installation or site level. DOD requires components to
rank their inventory of sites by relative risk to help make informed
decisions about which sites to clean up first. Using these risk
rankings, as well as other factors, components set more specific
restoration targets each fiscal year to demonstrate progress and
prepare a budget to achieve those goals and targets. The Department of
the Army has established more specific performance goals for FUDS in
its Environmental Cleanup Strategic Plan. For example, the Corps' goals
for the FUDS IRP are to achieve RIP/RC at:
* 46 percent of all 357 high-risk sites containing HTRW by the end of
FY 2008,[Footnote 35]
* 48 percent of all 147 medium-risk HTRW sites by the end of FY 2011,
and:
* all low-risk HTRW sites by the end of FY 2020.
For the FUDS MMRP, the Corps' goals are to complete:
* 40 percent of the baseline site inspections by the end of FY 2008,
[Footnote 36]
* 55 percent of the baseline site inspections by the end of FY 2009,
* 100 percent of the baseline site inspections by the end of FY 2012,
and:
* all site inspections by the end of FY 2014.
Another factor that can influence the proposed budgets and obligations
among site categories is the need to fund long-term management
activities. While DOD uses the number of sites achieving RIP/RC status
as a primary performance metric, sites that have reached this goal may
still require long-term management and, therefore, additional funding
for a number of years. Table 3 shows the completion status for active
and BRAC sites and FUDS, as of the end of FY 2008. See appendix V for
the completion status of these sites by component for FY 2004 through
2008.
Table 3: Completion Status of Sites, FY 2008:
Status of sites: Sites that have reached response complete status;
Active: 16,810;
BRAC: 3,953;
FUDS: 2,682.
Status of sites: Sites that have not reached response complete status;
Active: 4,703;
BRAC: 1,492;
FUDS: 2,023.
Status of sites: Sites that have reached response complete status but
still require long-term management;
Active: 760;
BRAC: 440;
FUDS: 55.
Source: GAO analysis of DOD-provided data.
[End of table]
The data show that there are currently significantly fewer FUDS that
require long-term management--and, consequently, require less funding
for this activity--than do active and BRAC sites. Corps officials told
us that since FUDS are located on properties that have been transferred
outside DOD's control, they prefer to clean sites to allow unlimited
use and unrestricted exposure, when possible. However, Corps officials
also said that ongoing site inspections at FUDS MMRP sites indicates
that more of these sites may require long-term management in the
future.
DOD data show that, in applying the broad restoration goals,
performance goals, and targets, cleanup funding is generally
proportional to the number of sites in the active, BRAC, and FUDS site
categories. Table 4 shows the total DERP inventory of sites,
obligations, and proportions for FY 2008.
Table 4: Inventory of Sites, Obligations, and Proportions, FY 2008:
Total number of sites:
Active: Number/amount: 21,513;
Active: Percentage of total: 68;
BRAC: Number/amount: 5,445;
BRAC: Percentage of total: 17;
FUDS: Number/amount: 4,705;
FUDS: Percentage of total: 15;
Totals: Number/amount: 31,663;
Totals: Percentage of total: 100.
Amount obligated (in millions of dollars)[A]:
Active: Number/amount: 1,056.1;
Active: Percentage of total: 61;
BRAC: Number/amount: 440.2;
BRAC: Percentage of total: 25;
FUDS: Number/amount: 245.4;
FUDS: Percentage of total: 14;
Totals: Number/amount: 1,741.7;
Totals: Percentage of total: 100.
Source: GAO analysis of DOD provided data.
[A] The amounts obligated are for cleanup activities for each category
under the IRP, MMRP, and Building Demolition/Debris Removal programs.
[End of table]
Since DERP was established, approximately $18.4 billion dollars has
been obligated for environmental cleanup at individual sites on active
military bases, $7.7 billion for cleanup at sites located on
installations designated for closure under BRAC, and about $3.7 billion
to clean up FUDS sites. During FY 2004 through 2008, about $4.8 billion
was spent on environmental cleanup of sites on active bases, $1.8
billion for cleanup at BRAC sites, and $1.1 billion for FUDS sites.
[Footnote 37] Appendix VI provides DOD's funding obligations and
estimated costs to complete environmental cleanup by military component
and program category for FY 2004 through 2008.
The Corps Uses Risk-Based Criteria to Prioritize FUDS for Cleanup, but
Also Considers Other Factors:
The Corps uses risk-based criteria and other factors to prioritize FUDS
for cleanup. Since cleanup projects or phases of work cannot all be
completed in any given year with the funding the Corps receives for the
FUDS program, the Corps must prioritize sites for cleanup. Based on
sites' risks, as well as other factors, districts prepare annual work
plans prioritizing their projects and submit these to their division,
which combines the districts' work plans into a single division work
plan. Divisions send their annual work plans to the Corps'
headquarters, which sends the FUDS annual work plan to the Department
of the Army for approval. While the risk levels of sites are a
significant factor in determining cleanup priorities, high risk sites
are not always addressed before low risk sites. FUDS program data
indicate that, as of the end of FY 2008, 35 percent of high-risk MMRP
and HTRW sites (218 of 622 sites) had achieved response complete
status, compared to 28 percent of medium risk sites (86 of 303 sites)
and 21 percent of low-risk sites (110 of 530 sites).[Footnote 38]
Based on site-specific information, the Corps uses several methods to
assign risk-based priority levels to sites to categorize them for
cleanup. The method used depends on whether the site contains HTRW,
which fall under the IRP; munitions under the MMRP; or building debris
under the BD/DR program.[Footnote 39] Consequently, the Corps may use
multiple methods at a single FUDS property that contains multiple types
of sites--for example, a munitions site and a hazardous waste site.
According to DOD guidance, the components also use the same methods to
prioritize HTRW and MMRP sites at active and BRAC installations for
cleanup. Appendix VII provides information on the number of high-risk
sites at FUDS and active and BRAC installations, for FY 2004 through
2008.
At HTRW sites, the Corps uses the Relative Risk Site Evaluation (RRSE)
to assign a relative risk level of high, medium, or low, based on an
evaluation of three factors for four environmental media: sediment,
surface soil, surface water, and groundwater. These factors include
the:
* contaminant hazard factor, which compares the maximum concentrations
of contaminants detected to benchmark comparison values;[Footnote 40]
* migration pathway factor, which summarizes the likelihood that
contamination will migrate; and:
* receptor factor, which summarizes human or ecological receptors that
could be exposed to contamination.
At MMRP sites, the Corps uses the Munitions Response Site
Prioritization Protocol (MRSPP), which DOD began implementing in FY
2007 to assign sites a relative priority level of 1 (highest hazard) to
8 (lowest hazard) using three modules[Footnote 41]:
* Explosive hazard evaluation and chemical warfare materiel hazard
evaluation modules, which evaluate the presence and accessibility of
these hazards and the receptors that may be affected, and:
* A health hazard evaluation module, which evaluates chronic health and
environmental hazards associated with munitions constituents--as well
as incidental nonmunitions-related contaminants--and builds on the
framework established in the RRSE.
According to DOD and Corps officials, the Corps is in the process of
applying the MRSPP to FUDS, but as of the end of FY 2008, no FUDS had
been assigned a final MRSPP score.[Footnote 42] FUDS program data
available on the relative risk levels of MMRP sites are based on the
method used prior to implementation of the MRSPP--the Risk Assessment
Code, which the Corps used to assign munitions sites a risk-based score
of 1 (highest priority) to 5 (no DOD action necessary). This method
evaluated potential safety hazards associated with explosives based on
the severity and probability of the hazard. According to DOD and Corps
officials, Risk Assessment Code scores are no longer used and are being
replaced by the relative priority assigned by the MRSPP.
The Corps assigns a risk-based priority level to containerized waste
sites, based on the condition and location of the storage tanks. For
example, a site with known leaks or spills would have a priority of 1,
while sites with tanks that are not leaking and located in urban and
rural areas would have priority levels of 2 and 3, respectively. The
Corps assigns a risk-based priority level to building demolition and
debris removal sites, based on the location of the site and ease of
access to the site. For example, a site in an urban or densely
populated area and with unrestricted access would have a priority of 1,
while a site in a rural area or remote island with a guarded entrance
would have a priority of 9.
In addition, DOD and Corps officials told us that a small number of
high-priority FUDS receive separate funding from the Corps'
headquarters--in addition to the funds they receive from the relevant
district--to guarantee that cleanup at these sites is funded. These are
high-risk, high-visibility sites with cleanup costs high enough to
consume a district's entire budget. According to DOD and Corps
officials, the list of such sites may change from year to year. Table 5
identifies the FUDS that received such funding in FY 2008 and the
Corps' estimated costs to complete cleanup at these sites.
Table 5: High-Priority FUDS Receiving Funding From Corps Headquarters:
Dollars in millions:
FUDS: Waikoloa Maneuver Area, HI;
Costs through FY 2008: IRP: $0.810;
Costs through FY 2008: MMRP: $78.402;
Costs through FY 2008: Total: $79.212;
Estimated costs, FY 2009 to completion: IRP: $0.0;
Estimated costs, FY 2009 to completion: MMRP: $810.573;
Estimated costs, FY 2009 to completion: Total: $810.573;
Estimated total cost: $889.785.
FUDS: Spring Valley, Washington, D.C.;
Costs through FY 2008: IRP: $65.762;
Costs through FY 2008: MMRP: $89.243;
Costs through FY 2008: Total: $155.005;
Estimated costs, FY 2009 to completion: IRP: $9.701;
Estimated costs, FY 2009 to completion: MMRP: $16.177;
Estimated costs, FY 2009 to completion: Total: $25.878;
Estimated total cost: $180.883.
FUDS: Buckley Field, CO;
Costs through FY 2008: IRP: $0.543;
Costs through FY 2008: MMRP: $102.805;
Costs through FY 2008: Total: $103.348;
Estimated costs, FY 2009 to completion: IRP: $0.0;
Estimated costs, FY 2009 to completion: MMRP: $41.462;
Estimated costs, FY 2009 to completion: Total: $41.462;
Estimated total cost: $144.810.
FUDS: Camp Sibert, AL;
Costs through FY 2008: IRP: $5.134;
Costs through FY 2008: MMRP: $28.422;
Costs through FY 2008: Total: $33.556;
Estimated costs, FY 2009 to completion: IRP: $6.596;
Estimated costs, FY 2009 to completion: MMRP: $30.398;
Estimated costs, FY 2009 to completion: Total: $36.994;
Estimated total cost: $70.550.
Source: DOD.
[End of table]
DOD and Corps officials told us that in addition to considering a
site's risk level, the Corps sets cleanup priorities based on program
goals, which have evolved over time. In the past, according to these
officials, the Corps initially focused on addressing building
demolition and debris removal sites and containerized waste sites--FUDS
program data indicate that 81 percent of building demolition and debris
removal sites and 82 percent of containerized waste sites have reached
response complete status, compared to 54 percent of HTRW sites and 33
percent of MMRP sites without chemical warfare materiel. DOD officials
also said that the Corps has made significant progress in completing
cleanup at building demolition and debris removal sites and
containerized waste sites because they can be completed quickly and at
less cost. In contrast, they told us that hazardous, toxic, and
radioactive sites and MMRP sites are generally larger and more complex
than building demolition/debris removal sites and containerized waste
sites, and require more time and investment to clean up. Table 6 shows
the percentage of sites that have achieved response complete status by
project category, as of the end of FY 2008.
Table 6: Response Complete Rates by Project Category, FY 2008:
Program category: Building Demolition and Debris Removal;
Project category: [Empty];
Number of sites: 423;
Percentage at response complete: 81.
Program category: IRP;
Project category: Containerized hazardous, toxic, and radioactive
waste;
Number of sites: 1,278;
Percentage at response complete: 82.
Program category: IRP;
Project category: Hazardous, toxic, and radioactive waste;
Number of sites: 1,343;
Percentage at response complete: 54.
Program category: MMRP;
Project category: Without chemical warfare materiel;
Number of sites: 1,566;
Percentage at response complete: 33.
Program category: MMRP;
Project category: With chemical warfare materiel;
Number of sites: 95;
Percentage at response complete: 61.
Program category: Total;
Number of sites: 4,705;
Percentage at response complete: 57.
Source: GAO analysis of DOD data.
[End of table]
According to DOD and Corps officials, containerized waste and building
demolition/debris removal sites are now a low priority for the Corps
because it is trying to focus on meeting DOD's goals for the FUDS
program and these goals do not measure cleanup of containerized waste
and building demolition sites. Specifically:
* IRP: DOD's goal is to reduce risk, have a remedy in place, or achieve
response complete status at high, medium, and low risk sites by the end
of FY 2007, 2011, and 2020, respectively. According to DOD's FY 2008
Defense Environmental Programs Annual Report to Congress, DOD did not
meet its goal for high relative risk FUDS by the end of FY 2007, but is
working aggressively to complete required cleanup actions at these
sites, while mitigating potential threats to human health and the
environment.
* MMRP: The John Warner National Defense Authorization Act for FY 2007
specified the following two goals for adoption by DOD: complete
preliminary assessments by the end of FY 2007 and complete site
inspections by the end of FY 2010 and complete remedy in place or
response complete by a date set by the Secretary of Defense. However,
because the Corps centrally funds MMRP site inspections with a budget
established by the Corps' headquarters and Center of Expertise, other
sites do not compete with MMRP site inspections in cleanup
prioritization. By the end of FY 2008, DOD had completed preliminary
assessments for 99 percent of the FUDS MMRP sites, according to DOD's
FY 2008 Defense Environmental Programs Annual Report to Congress, and
will reevaluate current goals at the end of FY 2010. DOD has not yet
established a date for achieving remedy in place or response complete
status for FUDS MMRP sites.
The Corps' headquarters sets annual performance measures for its
divisions and districts--such as achieving remedy in place or response
complete status at a certain number of sites each year--that can also
play a role in how districts prioritize sites. For example, officials
at two districts we visited told us that in order to meet the remedy in
place or response complete measure, they try to focus on sites where
work is already in progress and cleanup can be completed. Officials at
one of these districts told us that it is not appropriate to use risk
rankings exclusively in deciding which sites to clean up and that they
cannot stop work on sites where actions are already under way because
they face pressure to meet the cleanup performance measures. Although
containerized waste sites are currently a low priority for the FUDS
program, officials at this district also told us they are working on
many such sites that are not high-risk, but are low-cost and can be
completed in a matter of months. Similarly, officials at another
district told us that once a site enters a phase of the CERCLA cleanup
process, they try to complete that phase before starting work on
another site. However, cleanup costs for sites can also influence the
order in which districts address sites. Officials at one district told
us that a high-cost site could consume the district's entire annual
budget. While certain high-risk sites with high costs may receive
additional funding from the Corps' headquarters, another district also
told us that they may delay a cleanup action until they can allocate
enough funds to complete that action.
The Corps also recognizes in its FUDS program policy and FUDS program
management plan for FY 2009 that the concerns of regulators, the
Congress, and the public can influence the Corps' decisions about which
sites to address first and can potentially result in decisions to fund
projects that are not high-risk. For example, the Corps' FUDS program
policy states that regulator involvement through Statewide Management
Action Plans (SMAP) is essential to the successful implementation of
the relative risk concept. The SMAP program at FUDS began in 2001, and
the primary purpose of a SMAP is to involve regulators in the
development of life-cycle plans for the investigation and cleanup of
all FUDS properties within a state. EPA, states, and the Corps may
participate in jointly developing the SMAP, which is a living document
that had, among its goals, determining a statewide cleanup priority for
each property and project. Of the 57 states and territories, over 30
had SMAPs or equivalent agreements, as of December 2008, according to
the Association of State and Territorial Solid Waste Management
Officials. In the spring of 2008, the association surveyed the states
about the effectiveness of SMAPs. Based on responses from 41 states, it
reported that the overall effectiveness of SMAPs varied with regard to
prioritizing and funding sites for cleanup, among other things.
In addition, the Defense and State Memorandum of Agreement (DSMOA),
which provides a mechanism for state or territory involvement in
environmental restoration activities at DOD installations--including
FUDS--and state laws and regulations play a role in how the Corps
prioritizes and funds sites for cleanup. The districts record certain
factors that may drive prioritization and funding of sites in the
"legal drivers" data fields in FUDSMIS. Our analysis of FUDS program
data for one of these legal drivers indicated that 72 percent of sites
with memorandum of agreement commitments--such as DSMOAs between the
Corps and state regulatory agencies--had reached response complete
status, compared to 56 percent of sites without such agreements.
Similarly, we found that 74 percent of sites subject to state laws and
regulations requiring a response within a specified period had reached
response complete status, compared to the 56 percent of sites not
subject to such requirements.[Footnote 43]
Community or public concerns, as well as owner or congressional
interest, also shape the Corps' decisions on which sites to address
first. In particular, officials at all four of the districts we
contacted noted that congressional interest can influence decisions on
the order in which sites are addressed. Officials at one district told
us that this would not lead a medium or low-risk site to be prioritized
and funded for cleanup above a high-risk site, but officials at another
district and the FUDS program management plan for FY 2009 note that
congressional interest could potentially result in a decision to fund a
site not considered high risk. However, our analysis of FUDS program
data for the congressional or owner interest legal driver showed that
59 percent of sites with this driver had reached response complete
status, compared to 57 percent of sites without this legal driver. In
addition, officials at one division told us that the Corps' past focus
on addressing containerized waste and building demolition and debris
removal projects was because these were the types of hazards that
politicians wanted addressed. Moreover, DOD and Corps officials told us
that the Corps may still work on these types of sites, which are
currently low risk priority, if Congress or other stakeholders, such as
state regulators were to demand it.
The Corps Has Reduced Direct Management and Support Costs for the FUDS
Program and Implements Accountability Measures for these Costs:
DOD and the Corps report what they consider to be management and
support costs for the FUDS program as part of their overall budget
proposal to the Congress. DOD and the Corps track program management
and support costs, such as salaries for FUDS personnel staffed at the
Corps' headquarters and the operating costs for FUDSMIS. Overall
management and support costs and direct management and support costs,
as a proportion of the total FUDS budget, have decreased slightly
between FY 2004 and 2008, largely due to a restructuring of FUDS
responsibilities among the Corps' field districts and specific DOD
direction to the Corps to lower certain costs. The Corps implements
several measures to ensure control over how these funds are spent, both
by restricting who records expenditures in the financial management
information system and assigning these funds a specific tracking code.
Federal agencies and programs are not required to use any specific
definition of overhead for budgeting or reporting purposes. However,
DOD's Financial Management Regulation for environmental restoration
programs--including FUDS--directs that administrative and overhead
expenses be identified under the "Program Management and Support"
element in budget justification materials.[Footnote 44] DOD submits a
three-part budget justification request to the Congress each year for
each DERP program. The first part of the budget submission is the
overall Program Management and Support budget, while the second part
includes all site-specific cleanup costs, and the third part includes
progress toward the DERP goals. DOD divides program management and
support funding for the FUDS program into direct and indirect costs.
The components of direct and indirect program management and support
costs are shown in table 7.
Table 7: Components of Direct and Indirect Program Management and
Support Costs:
Components of Direct Program Management and Support Costs:
Salaries for the Corps' headquarters staff and division personnel;
A limited amount of funding to district managers for program
management;
Operating costs for FUDSMIS Remedial Action Cost Engineering and
Requirements system used to calculate cost-to-complete estimates.
Components of Indirect Program Management and Support Costs:
Salaries for Army headquarters contractors;
Operating costs for:
* DSMOA[A];
* Agency for Toxic Substances and Disease Registry[B];
* SMAP[C];
* Restoration Advisory Boards/Technical Assistance for Public
Participation[D];
* MMRP realignment[E];
* FUDS Information Improvement Program.
Source: DOD.
[A] The DSMOA program allows states and territories to be reimbursed
for certain technical services in support of environmental restoration
efforts at the DOD installations within their boundaries. The DSMOA
provides a mechanism for state or territory involvement in
environmental restoration activities and establishes the terms and
conditions required to reimburse a state or territory for technical
support.
[B] The Agency for Toxic Substance and Disease Registry is a subagency
of the U.S. Department of Health and Human Services responsible for
conducting public health assessments at all sites on or proposed for
the National Priority List.
[C] SMAPs are used to identify and monitor environmental restoration
requirements, schedules, and estimates of cost, and serve as the basis
for identifying regulatory agency support requirements that fall under
the DSMOA program.
[D] Restoration Advisory Boards are established at installations or
FUDS properties that have sufficient and sustained public interest in
the cleanup process so that community members can provide meaningful
input in the remedy selection. The Technical Assistance for Public
Program allows DOD to purchase independent technical support for the
Restoration Advisory Board.
[E] MMRP realignment is a process that the Corps has undertaken to
realign MMRP projects with the definition of Munitions Response Sites.
As part of this process, the sites are being reduced in size to more
manageable areas that will show the progress of site cleanup more
effectively.
[End of table]
The following table shows the amounts obligated for all FUDS activities
from FY 2004 through 2008. See appendix VIII for more detailed cost
information for the FUDS program.
Table 8 FUDS Obligations, FY 2004 through 2008:
Dollars in millions:
FUDS obligations: IRP[A];
2004: $156.861;
2005: $126.718;
2006: $118.873;
2007: $116.522;
2008: $129.805.
FUDS obligations: MMRP;
2004: $82.806;
2005: $94.199;
2006: $91.482;
2007: $102.858;
2008: $115.545.
FUDS obligations: Total program management and support;
2004: $44.540;
2005: $44.756;
2006: $43.483;
2007: $43.393;
2008: $41.363.
FUDS obligations: Total obligations;
2004: $284.207;
2005: $265.673;
2006: $253.838;
2007: $262.773;
2008: $286.713.
Source: DOD-provided data.
[A] BD/DR obligations are included.
[End of table]
From FY 2004 through 2008, direct program management and support costs
for the FUDS program have generally decreased, both in dollar amount
and as a percentage of the overall dollars obligated for the FUDS
program, largely as a result of a restructuring effort by the Corps.
Table 9 shows the total amount that the Corps obligated for both direct
and indirect program management and support costs and Table 10 shows
both as a percentage of the total program management and support budget
and as a percentage of the overall amount obligated for the FUDS budget
from FY 2004 through 2008:
Table 9: Program Management and Support Obligations for FUDS, FY 2004
though 2008:
Dollars in millions:
Direct:
2004: $31.252;
2005: $25.837;
2006: $20.746;
2007: $26.161;
2008: $25.812.
Indirect:
2004: $13.288;
2005: $18.919;
2006: $22.737;
2007: $17.232;
2008: $15.551.
Total program management and support:
2004: $44.540;
2005: $44.756;
2006: $43.483;
2007: $43.393;
2008: $41.363.
Total FUDS:
2004: $284.207;
2005: $265.673;
2006: $253.838;
2007: $262.773;
2008: $286.713.
Source: GAO analysis of DOD data.
[End of table]
Table 10: Program Management and Support Proportions for FUDS, FY 2004
through 2008:
Program management and support obligations as a percentage of the total
management and support obligations:
Direct:
2004: 70.2%;
2005: 57.7%;
2006: 47.7%;
2007: 60.3%;
2008: 62.4%.
Indirect:
2004: 29.8%;
2005: 42.3%;
2006: 52.3%;
2007: 39.7%;
2008: 37.6%.
Program management and support obligations as a percentage of total
FUDS obligations:
Direct:
2004: 11.0%;
2005: 9.7%;
2006: 8.2%;
2007: 10.0%;
2008: 9.0%.
Indirect:
2004: 4.7%;
2005: 7.1%;
2006: 9.0%;
2007: 6.6%;
2008: 5.4%.
Total:
2004: 15.7%;
2005: 16.8%;
2006: 17.1%;
2007: 16.5%;
2008: 14.4%.
Source: GAO analysis of DOD data.
[End of table]
In FY 2006, the Deputy Assistant Secretary of the Army for
Environmental, Safety and Occupational Health directed the FUDS program
to reduce the program management and support costs of the program in
order to make more funds available for cleanup projects. In addition,
the Corps set goals which began taking effect in FY 2007 to reduce
direct program management and support funding from FY 2006 levels.
Under these goals, by the end of FY 2009, direct management and support
costs need to be reduced by 25 percent of the FY 2006 funding level,
and this level has to be maintained through FY 2010 and beyond. In
order to achieve these goals, the Corps restructured the way the FUDS
program was administered by reducing the number of districts with FUDS
responsibilities from 22 districts to 14 districts. These 14 districts
operate within 7 regional divisions, with 2 Corps districts with FUDS
program or project management responsibilities in each Corps division.
However, Corps officials told us they cannot determine the overall
savings they have achieved to reduce program management and support
costs. For example, they said the Corps cannot measure the reduction in
full-time employees assigned to FUDS program as a reduction in program
management and support costs because a variety of employees, such as
those who provide legal and real estate expertise at the district
level, must continue to charge their time to the FUDS program. In
addition, Corps officials in the divisions and districts we visited
told us that they now charge time to the FUDS program for activities
that they would have charged to program management and support prior to
the FUDS transformation.
Several factors help to ensure that overall program management and
support funds are spent only on items the Corps has approved. In this
regard, only resource managers at the Corps' headquarters are able to
add money to the Corps of Engineers Financial Management System which
is how money, including all program management and support funds, is
distributed for the FUDS program. The program management and support
funding is also assigned a specific code, which can be used to track
its expenditures in the financial system. Additionally, each division
receives only a relatively small amount of program management and
support funding in relation to their overall budget for the FUDS
program. Corps' officials in the divisions and districts we visited
told us that these funds are critical to their operations, because they
pay for manager's salaries, travel for training, and respond to
administrative requests from headquarters and state regulators. Due to
the limited amount of these funds, division and district FUDS managers
keep close watch on them, according to Corps officials, and vigorously
question any expenditure of these funds, which helps to ensure that
program management and support resources are spent only on the approved
items.
Conclusions:
Although the issues we identified regarding the Corps' 5-year review
process have implications for all FUDS where 5-year reviews are
required or may be appropriate, they are particularly relevant to sites
with emerging contaminants. As more FUDS begin to reach the cleanup
phase and knowledge on emerging contaminants continues to evolve, 5-
year reviews may play a more important role in identifying and
responding to changes in information used in FUDS cleanup decisions,
such as toxicity values and standards. The issues we identified raise
concerns about the extent to which the districts and divisions (1) will
record and review data on 5-year reviews in the Corps' information
management systems, (2) will conduct all required 5-year reviews on
time, and (3) will consistently conduct reviews when appropriate. In
addition, the lack of technical review of some of these reports by the
Corps' Center of Expertise raises concerns about the Corps' ability to
fully identify and appropriately respond to changes, such as evolving
knowledge and standards for emerging contaminants. Without timely,
accurate, and complete 5-year reviews for sites and reliable
information on the status of such reviews, the Corps cannot be certain
that remedies at FUDS remain protective of human health and the
environment and cannot adequately inform stakeholders--including the
Congress, the public, and regulators--regarding actual site conditions.
Recommendations:
To help ensure that the remedies at FUDS continue to protect human
health, safety, and the environment, we are making three
recommendations. We recommend that the Secretary of Defense direct the
Corps to:
* conduct 5-year reviews for sites where emerging contaminants are
present and the cleanup will eventually allow unlimited site use and
unrestricted exposure, but will require more than 5 years to complete,
consistent with EPA's guidance that such reviews are appropriate, even
if not required;
* modify its FUDS program information management system to allow
districts to more easily track information on 5-year reviews, and take
steps to ensure that the districts utilize this system to plan for 5-
year reviews and track progress on completing them; and:
* determine why districts have not always completed timely 5-year
reviews and provided all 5-year review reports to the Center of
Expertise for comment--consistent with Corps guidelines--and develop
procedures and controls to address these causes.
Agency Comments and Our Evaluation:
We provided a draft of this report to DOD for official review and
comment. DOD agreed with two of our recommendations and partially
agreed with one. Specifically, DOD agreed with our recommendation that
the Corps modify its FUDS program information management system to
allow districts to more easily track information on 5-year reviews, and
take steps to ensure that the districts utilize this system to plan for
5-year reviews and track progress on completing them. DOD stated that
the Army has initiated actions to modify the FUDS information
management system to address the recommendation. DOD also agreed with
our recommendation that the Corps determine why districts have not
always completed timely 5-year reviews and provided all 5-year review
reports to the Center of Expertise for comment--consistent with Corps
guidelines--and develop procedures and controls to address these
causes. DOD said it will ensure that the Corps conducts a review of the
FUDS 5-year review process, including management, tracking, and record
keeping procedures. DOD partially agreed with our recommendation that
the Corps conduct 5-year reviews at FUDS where emerging contaminants
are present and the cleanup will eventually allow unlimited site use
and unrestricted exposure, but will require more than 5 years to
complete, consistent with EPA guidance that such reviews are
appropriate, even if not required. DOD said that it will ensure that
the Corps conducts 5-years reviews where required by CERCLA, but did
not agree to conduct the additional precautionary reviews that are
recommended by EPA. We continue to believe that, particularly for sites
where emerging contaminants are present, it is important to conduct
reviews when the cleanup will eventually allow unlimited use and
unrestricted exposure, but will require more than 5 years to complete.
Over an extended cleanup period, information on these contaminants may
evolve, and these reviews may play an important role in identifying and
appropriately responding to such changes as revised toxicity values or
standards and new exposure pathways. If the Corps does not conduct
reviews under these circumstances, it is missing an important
opportunity to evaluate whether remedies remain protective of human
health and the environment and to fully inform stakeholders--including
the Congress, the public and regulators--regarding actual site
conditions. DOD also provided technical and clarifying comments, which
we incorporated as appropriate. DOD's letter is included in appendix
IX.
We are sending copies of this report to appropriate congressional
committees and the Secretary of Defense. In addition, the report will
be available at no charge on our Web site at [hyperlink,
http://www.gao.gov].
If you or your staffs have any questions about this report, please
contact me at (202) 512-3841 or stephensonj@gao.gov. Contact points for
our Offices of Congressional Relations and Public Affairs may be found
on the last page of this report. Key contributors to this report are
listed in appendix X.
Signed by:
John B. Stephenson:
Director, Natural Resources and Environment:
[End of section]
Appendix I: Status of Cleanup Actions at the Former Almaden Air Force
Radar Station:
Between 1958 and 1980, the United States Air Force operated a radar
station on approximately 100 acres atop Mt. Umunhum and Mt. Thayer near
San Jose, California. In 1986, the Midpeninsula Regional Open Space
District (MROSD), a California state government entity, acquired the
former Almaden Air Force Station.[Footnote 45] The property contained
various structures, including radar towers, operations buildings,
housing facilities, a power plant, above-and below-ground fuel storage
tanks, and a sewer treatment plant. MROSD staff occupied several
buildings from 1986 to 1998. A 1989 earthquake damaged some buildings,
transformers, and fuel tanks.
In 1991, the U.S. Army Corps of Engineers (Corps) determined that the
site was eligible for cleanup under the Formerly Used Defense Sites
(FUDS) program and ranked it as high risk due to the presence of
various contaminants in transformers, drums, and storage tanks. Between
1994 and 1996, the Corps removed transformers, above, and below-ground
fuel storage tanks and associated piping, and drums filled with
chemicals. After these removal actions, the Corps turned its attention
to other FUDS in the Corps District for a number of years. In 2006, the
Corps returned to remove more waste from buildings, pipes, generators,
and sumps. In 2007, the Corps initiated a site inspection to determine
if it had overlooked any contamination, particularly polychlorinated
biphenyls (PCB) from electrical transformers and petroleum from
underground storage tanks and to determine if any further remediation
action is needed. Corps officials anticipated completing the
investigation in 2009. From 1991 through 2008, the Corps spent $3.5
million investigating, removing materials, and taking remedial actions
at the site.
In addition to cleaning up any remaining contamination, MROSD also
wanted the Corps to demolish and remove all remaining structures--many
of which contain deteriorating lead-based paint and asbestos--so that
it may open the site to the public for recreational use. Department of
Defense (DOD) and Corps officials told us that no building demolition/
debris removal can be conducted at this property because the buildings
and structures were not unsafe at the time of transfer out of DOD
jurisdiction. They said that MROSD is responsible for maintaining all
buildings and structures on the property, beginning on the date they
took title. DOD and Corps officials also said the Defense Environmental
Restoration Program (DERP) authority does not extend to the removal of
buildings and structures that become unsafe after they are transferred
out of DOD jurisdiction and then not maintained by the subsequent
owner.[Footnote 46]
In fiscal year (FY) 2009, MROSD requested $4 million from Congress for
economic adjustment programs, including feasibility studies, legal
services, and other activities related to cleaning up the site and
language in the National Defense Authorization or Appropriations Acts
directing DOD to clean up the site under the Defense Base Closure and
Realignment Act of 1990. No language or funding regarding Almaden was
included in either law.
[End of section]
Appendix II: Scope and Methodology:
To determine how the U.S. Army Corps of Engineers (Corps) addresses
emerging contaminants at formerly used defense sites (FUDS), and the
extent to which the Corps reevaluates sites to determine the need to
address emerging contaminants, we reviewed key laws, regulations,
policy, and guidance for the Department of Defense (DOD), the
Department of the Army, the Corps, and the Environmental Protection
Agency (EPA). We interviewed officials from DOD's Office of the Deputy
Undersecretary of Defense for Installations and Environment and
Chemical and Material Risk Management Directorate; the Department of
the Army's Office of the Assistant Secretary of the Army for
Installations and Environment and Office of the Assistant Chief of
Staff for Installation Management, and the Corps Directorate of
Military Programs; and EPA's Office of Solid Waste and Emergency
Response and Federal Facilities Restoration and Reuse Office. We also
interviewed officials at two state associations--the National Governors
Association and the Association of State and Territorial Solid Waste
Management Officials--to obtain their perspectives on the approaches
DOD and the Corps use to address emerging contaminants. We reviewed
program information obtained from FUDS program managers in four of
seven Corps military divisions--the North Atlantic, Northwestern, South
Atlantic, and South Pacific divisions--and 4 of the 14 districts
responsible for executing the FUDS program--the New England, Omaha,
Sacramento, and Savannah districts--and technical experts at the Corps'
Environmental and Munitions Center of Expertise. We selected the four
divisions based on (1) geographic dispersion, (2) the number of FUDS
sites within each division, and (3) planned obligations for fiscal year
(FY) 2009, and, within these four divisions, we selected 4 of the 8
districts with FUDS program management responsibility. We reviewed
additional information from the Corps on their 5-year review process
from the South Atlantic division and districts in Kansas City and Los
Angeles, and examined the completed 5-year review reports from the
North Atlantic, Northwestern, and South Pacific divisions.
To evaluate the Corps' process for addressing emerging contaminants and
prioritizing sites for cleanup, we reviewed and analyzed the nationwide
property and project data in the Corps' Formerly Used Defense Sites
Management Information System (FUDSMIS) through September 30, 2008, the
end of their most recent reporting cycle. We assessed the reliability
of relevant fields in this database by electronically testing for
obvious errors in accuracy and completeness, reviewing information
about the data and the system that produced them, and interviewing
agency officials knowledgeable about the data. When we found
inconsistencies, we worked with DOD and Corp's officials to correct the
discrepancies before conducting our analyses. We determined that the
data needed for our analyses were sufficiently reliable for the
purposes of our report.
To assess DOD's process for determining funding levels for cleanup
among FUDS and other sites with defense waste, we spoke with officials
at the Office of the Deputy Undersecretary of Defense for Installations
and Environment and officials at Corps headquarters who manage the FUDS
program about how budget requirements are determined, and the targets
or goals that exist for the overall Defense Environmental Restoration
Program (DERP). We also reviewed DOD's budget justification documents
for FY 2004 through 2009 and budget data from officials at the Office
of the Deputy Undersecretary of Defense for Installations and
Environment and DOD's Defense Environmental Programs Annual Report to
Congress for FY 2004 through 2008.
In order to determine the Corps' criteria for prioritizing FUDS for
cleanup and how closely the Corps follows these criteria, we obtained
and reviewed relevant policy, guidance, laws, and regulations directing
DOD's cleanup activities, including relevant risk ranking protocols for
contaminated sites. We interviewed and obtained information from
officials from the Office of the Deputy Undersecretary of Defense for
Installation and Environment, Corps headquarters personnel in charge of
managing FUDS, three of seven Corps military divisions and 4 of 14
districts responsible for executing the FUDS program, and the Corps'
Environmental and Munitions Center of Expertise. We also gathered and
analyzed data from FUDSMIS, as well as the Defense Environmental
Programs Annual Reports to Congress. In addition, we interviewed
officials at two state associations--the National Governors Association
and the Association of State and Territorial Solid Waste Management
Officials--to obtain their perspectives on the approaches DOD and the
Corps uses to prioritize FUDS for cleanup.[Footnote 47]
To review the components and total amounts of management and support
costs for the FUDS program and how these costs have changed over time,
we reviewed DOD's budget justification documents for FY 2004 through
2009 and interviewed and obtained budget data from officials at the
Office of the Deputy Undersecretary of Defense for Installation and
Environment, who are in charge of compiling the overall DERP budget, as
well as Corps officials in charge of budgeting for the FUDS program. We
also reviewed relevant federal accounting standards, financial
management regulations, and guidance. To determine the Corps'
accountability measures for these costs, we interviewed Corps
headquarters personnel in charge of managing FUDS, and conducted
interviews and gathered data from three of seven Corps Divisions
responsible for executing the FUDS program, and 4 of 14 Corps
Districts. We did not conduct a financial audit of the FUDS program.
In addition, at the request of the committee, this report provides
information on the status of the Corps' cleanup efforts at the former
Almaden Air Force Station. We conducted interviews and obtained
information from the Corps district and division officials in charge of
cleanup at Almaden and, in addition, we visited the site and
interviewed and obtained detailed site information from the current
owners, the Midpeninsula Regional Open Space District.
We conducted this performance audit from September 2008 through October
2009, in accordance with generally accepted government auditing
standards. Those standards require that we plan and perform the audit
to obtain sufficient, appropriate evidence to provide a reasonable
basis for our findings and conclusions based on our audit objectives.
We believe that the evidence obtained provides a reasonable basis for
our findings and conclusions based on our audit objectives.
[End of section]
Appendix III: Occurrence of Emerging Contaminants at Formerly Used
Defense Sites with Hazardous, Toxic, and Radioactive Waste:
The Department of Defense (DOD) defines an emerging contaminant as a
contaminant that (1) has a reasonably possible pathway to enter the
environment; (2) presents a potential unacceptable human health or
environmental risk; and (3) either does not have regulatory standards
based on peer-reviewed science or has regulatory standards that are
evolving due to new science, detection capabilities, or exposure
pathways. Tables 10 through 13 provide information on the occurrence of
emerging contaminants in groundwater, surface water, soil, and sediment
at formerly used defense sites (FUDS) with hazardous, toxic, and
radioactive waste (HTRW). The tables are based on the sampling
information the U.S. Army Corps of Engineers used in assigning risk
levels to HTRW FUDS through its Relative Risk Site Evaluation (RRSE)
process.[Footnote 48] More specifically, they include the numbers of
HTRW sites where contaminants on DOD's action and watch lists[Footnote
49] were detected and the range of the maximum concentrations detected
across these sites.
The data shown in Tables 11 through 14 do not necessarily represent all
FUDS where these contaminants may have been detected, for several
reasons. For example:
Some sites do not have a relative risk score. Certain sites are
excluded, such as those with containerized hazardous, toxic, and
radioactive waste and those that have achieved the remedy-in-place or
response complete (RIP/RC) milestone. For other sites, the Corps has
not completed the relative-risk site evaluation process.
* Naturally occurring contaminants are not included in the RRSE if they
are detected within established background concentration ranges.
* The contaminant data used in the RRSE are collected in the early
phases of the cleanup process. Based on our interviews with selected
Corps divisions and districts, the extent to which districts update the
RRSE later is unclear.
* The Corps is testing for some of these contaminants at munitions
sites as part of the MMRP site inspections--those data are not included
in these tables and are not yet available.
Table 11: Maximum Detected Concentrations of Emerging Contaminants in
Groundwater at HTRW FUDS:
DOD status: Action list;
Chemical name: Beryllium;
Groundwater: Number of HTRW sites with detections: 34;
Groundwater: Range of maximum concentrations detected (parts per
billion): 0.9 to 5,100.
DOD status: Action list;
Chemical name: Chromium VI;
Groundwater: Number of HTRW sites with detections: [Empty].
Groundwater: Range of maximum concentrations detected (parts per
billion): [A].
DOD status: Action list;
Chemical name: Cyclotrimethylenetrinitramine;
Groundwater: Number of HTRW sites with detections: 12;
Groundwater: Range of maximum concentrations detected (parts per
billion): 1.8 to 13,000.
DOD status: Action list;
Chemical name: Naphthalene;
Groundwater: Number of HTRW sites with detections: 52;
Groundwater: Range of maximum concentrations detected (parts per
billion): 0.0041 to 98,000.
DOD status: Action list;
Chemical name: Perchlorate;
Groundwater: Number of HTRW sites with detections: DOD status: [Empty];
Groundwater: Range of maximum concentrations detected (parts per
billion): [A,B].
DOD status: Action list;
Chemical name: Trichloroethylene (TCE);
Groundwater: Number of HTRW sites with detections: 143;
Groundwater: Range of maximum concentrations detected (parts per
billion): 0.31 to 200,000.
DOD status: Watch list;
Chemical name: 1,4 dioxane;
Groundwater: Number of HTRW sites with detections: [Empty];
Groundwater: Range of maximum concentrations detected (parts per
billion): [A].
DOD status: Watch list;
Chemical name: Cadmium and compounds;
Groundwater: Number of HTRW sites with detections: 74;
Groundwater: 0.4 to 8,200.
DOD status: Watch list;
Chemical name: Cerium and compounds;
Groundwater: Number of HTRW sites with detections: [Empty];
Groundwater: Range of maximum concentrations detected (parts per
billion): [A].
DOD status: Watch list;
Chemical name: Cobalt and compounds;
Groundwater: Number of HTRW sites with detections: 14;
Groundwater: 0.01 to 103,000.
DOD status: Watch list;
Chemical name: Dinitrotoluene;
Groundwater: Number of HTRW sites with detections: 2;
Groundwater: 42 to 771.
DOD status: Watch list;
Chemical name: Dioxins;
Groundwater: Number of HTRW sites with detections: [Empty];
Groundwater: Range of maximum concentrations detected (parts per
billion): [A].
DOD status: Watch list;
Chemical name: Lead compounds;
Groundwater: Number of HTRW sites with detections: 219;
Groundwater: Range of maximum concentrations detected (parts per
billion): 0.02 to 129,000.
DOD status: Watch list;
Chemical name: Manganese and compounds;
Groundwater: Number of HTRW sites with detections: 76;
Groundwater: Range of maximum concentrations detected (parts per
billion): 0.86; to 3,320,000.
DOD status: Watch list;
Chemical name: Nickel;
Groundwater: Number of HTRW sites with detections: 43;
Groundwater: Range of maximum concentrations detected (parts per
billion): 0.04 to 273,000.
DOD status: Watch list;
Chemical name: Perfluorooctanoic acid;
Groundwater: Number of HTRW sites with detections: [Empty];
Groundwater: Range of maximum concentrations detected (parts per
billion): [A].
DOD status: Watch list;
Chemical name: Perfluorooctane sulfonic acid;
Groundwater: Number of HTRW sites with detections: [Empty];
Groundwater: Range of maximum concentrations detected (parts per
billion): [A].
DOD status: Watch list;
Chemical name: Sulfur hexafluoride;
Groundwater: Number of HTRW sites with detections: [Empty];
Groundwater: Range of maximum concentrations detected (parts per
billion): [A].
DOD status: Watch list;
Chemical name: Tetrachloroethylene;
Groundwater: Number of HTRW sites with detections: 36;
Groundwater: Range of maximum concentrations detected (parts per
billion): 0.29 to 170,000.
DOD status: Watch list;
Chemical name: Tungsten;
Groundwater: Number of HTRW sites with detections: [Empty];
Groundwater: Range of maximum concentrations detected (parts per
billion): [A].
DOD status: Watch list;
Chemical name: Tungsten alloys;
Groundwater: Number of HTRW sites with detections: [Empty];
Groundwater: Range of maximum concentrations detected (parts per
billion): [A].
DOD status: Watch list;
Chemical name: Nanomaterials;
Groundwater: Number of HTRW sites with detections: [Empty];
Groundwater: Range of maximum concentrations detected (parts per
billion): [A].
Source: GAO analysis of Corps data from the FUDS Management Information
System (FUDSMIS) on the maximum detected concentrations of contaminants
used in the RRSEs for HTRW sites, as of September 30, 2008.
[A] FUDSMIS contained no concentration data for some contaminants in
some environmental media. No information was available in FUDSMIS on
the extent to which the Corps had actually tested sites for those
contaminants.
[B] According to DOD and Corps officials, all but one FUDS where
perchlorate has been detected are military munitions sites, to which
the RRSE does not apply. However, Appendix IV provides information on
perchlorate sampling at FUDS.
[C] We analyzed FUDSMIS data on contaminants using the Chemical
Abstract Service numbers DOD provided for these chemicals. No such
numbers exist for dioxin compounds, tungsten alloys, or nanomaterials.
[End of table]
Table 12: Maximum Detected Concentrations of Emerging Contaminants in
Surface Water at HTRW FUDS:
DOD status: Action list;
Chemical name: Beryllium;
Surface water[A]: Number of HTRW sites with detections: 4;
Surface water[A]: Range of maximum concentrations detected (parts per
billion): 2.4 to 16.
DOD status: Action list;
Chemical name: Chromium VI;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [B].
DOD status: Action list;
Chemical name: Cyclotrimethylenetrinitramine;
Surface water[A]: Number of HTRW sites with detections: 1;
Surface water[A]: Range of maximum concentrations detected (parts per
billion): 1.8 to 1.8.
DOD status: Action list;
Chemical name: Naphthalene;
Surface water[A]: Number of HTRW sites with detections: 3;
Surface water[A]: Range of maximum concentrations detected (parts per
billion): 100 to 780.
DOD status: Action list;
Chemical name: Perchlorate;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [B,C].
DOD status: Action list;
Chemical name: Trichloroethylene (TCE);
Surface water[A]: Number of HTRW sites with detections: 13;
Surface water[A]: Range of maximum concentrations detected (parts per
billion): 1.4 to 9,950.
DOD status: Watch list;
Chemical name: 1,4 dioxane;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [B].
DOD status: Watch list;
Chemical name: Cadmium and compounds;
Surface water[A]: Number of HTRW sites with detections: 24;
Surface water[A]: Range of maximum concentrations detected (parts per
billion): 1.5 to 41,601,000.
DOD status: Watch list;
Chemical name: Cerium and compounds;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [B].
DOD status: Watch list;
Chemical name: Cobalt and compounds;
Surface water[A]: Number of HTRW sites with detections: 4;
Surface water[A]: Range of maximum concentrations detected (parts per
billion): 37 to 114.
DOD status: Watch list;
Chemical name: Dinitrotoluene;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [B].
DOD status: Watch list;
Chemical name: Dioxins;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [D].
DOD status: Watch list;
Chemical name: Lead compounds;
Surface water[A]: Number of HTRW sites with detections: 69;
Surface water[A]: Range of maximum concentrations detected (parts per
billion): 1.5 to 37,000.
DOD status: Watch list;
Chemical name: Manganese and compounds;
Surface water[A]: Number of HTRW sites with detections: 37;
Surface water[A]: Range of maximum concentrations detected (parts per
billion): 9.6 to 14,400.
DOD status: Watch list;
Chemical name: Nickel;
Surface water[A]: Number of HTRW sites with detections: 15;
Surface water[A]: Range of maximum concentrations detected (parts per
billion): 30.8 to 5,360.
DOD status: Watch list;
Chemical name: Perfluorooctanoic acid;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [B].
DOD status: Watch list;
Chemical name: Perfluorooctane sulfonic acid;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [B].
DOD status: Watch list;
Chemical name: Sulfur hexafluoride;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [B].
DOD status: Watch list;
Chemical name: Tetrachloroethylene;
Surface water[A]: Number of HTRW sites with detections: 2;
Surface water[A]: Range of maximum concentrations detected (parts per
billion): 8 to 1,180.
DOD status: Watch list;
Chemical name: Tungsten;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [B].
DOD status: Watch list;
Chemical name: Tungsten alloys;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [D].
DOD status: Watch list;
Chemical name: Nanomaterials;
Surface water[A]: Number of HTRW sites with detections: [Empty];
Surface water[A]: Range of maximum concentrations detected (parts per
billion): [D].
Source: GAO analysis of Corps data from FUDSMIS on the maximum detected
concentrations of contaminants used in the RRSEs for HTRW sites, as of
September 30, 2008.
[A] This includes multiple types of surface water. In the few instances
where a contaminant was detected in two of types of surface water, we
used the larger of the two maximum concentration values.
[B] FUDSMIS contained no concentration data for some contaminants in
some environmental media. No information was available in FUDSMIS on
the extent to which the Corps had actually tested sites for those
contaminants.
[C] According to DOD and Corps officials, all but one FUDS where
perchlorate has been detected are military munitions sites, to which
the RRSE does not apply. However, Appendix IV provides information on
perchlorate sampling at FUDS.
[D] We analyzed FUDSMIS data on contaminants using the Chemical
Abstract Service numbers DOD provided for these chemicals. No such
numbers exist for dioxin compounds, tungsten alloys, or nanomaterials.
[End of table]
Table 13: Maximum Detected Concentrations of Emerging Contaminants in
Soil at HTRW FUDS:
DOD status: Action list;
Chemical name: Beryllium; Soil:
Number of HTRW sites with detections: 60;
Soil: Range of maximum concentrations detected (parts per million):
0.0018 to 5.9.
DOD status: Action list;
Chemical name: Chromium VI;
Soil: Number of HTRW sites with detections: [Empty];
Soil: Range of maximum concentrations detected (parts per million):
[A].
DOD status: Action list;
Chemical name: Cyclotrimethylenetrinitramine;
Soil: Number of HTRW sites with detections: 8;
Soil: Range of maximum concentrations detected (parts per million):
0.00015 to 85,600.
DOD status: Action list;
Chemical name: Naphthalene;
Soil: Number of HTRW sites with detections: 58;
Soil: Range of maximum concentrations detected (parts per million):
0.0036 to 2,600.
DOD status: Action list;
Chemical name: Perchlorate;
Soil: Number of HTRW sites with detections: [Empty];
Soil: Range of maximum concentrations detected (parts per million):
[A,B].
DOD status: Action list;
Chemical name: Trichloroethylene (TCE);
Soil: Number of HTRW sites with detections: 42;
Soil: Range of maximum concentrations detected (parts per million):
0.0014 to; 6,300.
DOD status: Watch list;
Chemical name: 1,4 dioxane;
Soil: Number of HTRW sites with detections: [Empty];
Soil: Range of maximum concentrations detected (parts per million):
[A].
DOD status: Watch list;
Chemical name: Cadmium and compounds;
Soil: Number of HTRW sites with detections: 127;
Soil: Range of maximum concentrations detected (parts per million):
0.00054 to 22,800.
DOD status: Watch list;
Chemical name: Cerium and compounds;
Soil: Number of HTRW sites with detections: [Empty];
Soil: Range of maximum concentrations detected (parts per million):[A].
DOD status: Watch list;
Chemical name: Cobalt and compounds;
Soil: Number of HTRW sites with detections: 25;
Soil: Range of maximum concentrations detected (parts per million): 1.9
to 125.
DOD status: Watch list;
Chemical name: Dinitrotoluene;
Soil: Number of HTRW sites with detections: 4;
Soil: Range of maximum concentrations detected (parts per million):
0.0012 to 2,708.
DOD status: Watch list;
Chemical name: Dioxins;
Soil: Number of HTRW sites with detections: [Empty];
Soil: Range of maximum concentrations detected (parts per million):
[C].
DOD status: Watch list;
Chemical name: Lead compounds;
Soil: Number of HTRW sites with detections: 337;
Soil: Range of maximum concentrations detected (parts per million):
0.00152 to 1,080,000.
DOD status: Watch list;
Chemical name: Manganese and compounds;
Soil: Number of HTRW sites with detections: 64;
Soil: Range of maximum concentrations detected (parts per million):
0.584 to 1,940,000.
DOD status: Watch list;
Chemical name: Nickel;
Soil: Number of HTRW sites with detections: 62;
Soil: Range of maximum concentrations detected (parts per million):
0.013 to 1,270.
DOD status: Watch list;
Chemical name: Perfluorooctanoic acid;
Soil: Number of HTRW sites with detections: [Empty];
Soil: Range of maximum concentrations detected (parts per million):
[A].
DOD status: Watch list;
Chemical name: Perfluorooctane sulfonic acid;
Soil: Number of HTRW sites with detections: [Empty];
Soil: Range of maximum concentrations detected (parts per million):
[A].
DOD status: Watch list;
Chemical name: Sulfur hexafluoride;
Soil: Number of HTRW sites with detections: [Empty];
Soil: Range of maximum concentrations detected (parts per million):
[A].
DOD status: Watch list;
Chemical name: Tetrachloroethylene;
Soil: Number of HTRW sites with detections: 24;
Soil: Range of maximum concentrations detected (parts per million):
0.0014 to 12,000.
DOD status: Watch list;
Chemical name: Tungsten;
Soil: Number of HTRW sites with detections: [Empty];
Soil: Range of maximum concentrations detected (parts per million):
[A].
DOD status: Watch list;
Chemical name: Tungsten alloys;
Soil: Number of HTRW sites with detections: [Empty];
Soil: Range of maximum concentrations detected (parts per million):
[C].
DOD status: Watch list;
Chemical name: Nanomaterials;
Soil: Number of HTRW sites with detections: [Empty];
Soil: Range of maximum concentrations detected (parts per million):
[C].
Source: GAO analysis of Corps data from FUDSMIS on the maximum detected
concentrations of contaminants used in the RRSEs for HTRW sites, as of
September 30, 2008.
[A] FUDSMIS contained no concentration data for some contaminants in
some environmental media. No information was available in FUDSMIS on
the extent to which the Corps had actually tested sites for those
contaminants.
[B] According to DOD and Corps officials, all but one FUDS where
perchlorate has been detected are military munitions sites, to which
the RRSE does not apply. However, Appendix IV provides information on
perchlorate sampling at FUDS.
[C] We analyzed FUDSMIS data on contaminants using the Chemical
Abstract Service numbers DOD provided for these chemicals. No such
numbers exist for dioxin compounds, tungsten alloys, or nanomaterials.
[End of table]
Table 14: Maximum Detected Concentrations of Emerging Contaminants in
Sediment at HTRW FUDS:
DOD status: Action list;
Chemical name: Beryllium;
Sediment[A]: Number of HTRW sites with detection: 17;
Sediment[A]: Range of maximum concentrations detected (parts per
million): 0.51 to 85.
DOD status: Action list;
Chemical name: Chromium VI;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [B].
DOD status: Action list;
Chemical name: Cyclotrimethylenetrinitramine;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [B].
DOD status: Action list;
Chemical name: Naphthalene;
Sediment[A]: Number of HTRW sites with detection: 7;
Sediment[A]: Range of maximum concentrations detected (parts per
million): 0.38 to 210.
DOD status: Action list;
Chemical name: Perchlorate;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [B,C].
DOD status: Action list;
Chemical name: Trichloroethylene (TCE);
Sediment[A]: Number of HTRW sites with detection: 6;
Sediment[A]: Range of maximum concentrations detected (parts per
million): 0.015 to 9,900.
DOD status: Watch list;
Chemical name: 1,4 dioxane;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [B].
DOD status: Watch list;
Chemical name: Cadmium and compounds;
Sediment[A]: Number of HTRW sites with detection: 37;
Sediment[A]: Range of maximum concentrations detected (parts per
million): 0.00005 to 4,200.
DOD status: Watch list;
Chemical name: Cerium and compounds;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [B].
DOD status: Watch list;
Chemical name: Cobalt and compounds;
Sediment[A]: Number of HTRW sites with detection: 8;
Sediment[A]: Range of maximum concentrations detected (parts per
million): 6.4 to 251.
DOD status: Watch list;
Chemical name: Dinitrotoluene;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [B].
DOD status: Watch list;
Chemical name: Dioxins;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [D].
DOD status: Watch list;
Chemical name: Lead compounds;
Sediment[A]: Number of HTRW sites with detection: 76;
Sediment[A]: Range of maximum concentrations detected (parts per
million): 0.0032 to 43,000.
DOD status: Watch list;
Chemical name: Manganese and compounds;
Sediment[A]: Number of HTRW sites with detection: 30;
Sediment[A]: Range of maximum concentrations detected (parts per
million): 0.0214 to 7,900.
DOD status: Watch list;
Chemical name: Nickel;
Sediment[A]: Number of HTRW sites with detection: 24;
Sediment[A]: Range of maximum concentrations detected (parts per
million): 4.2 to 403.
DOD status: Watch list;
Chemical name: Perfluorooctanoic acid;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [B].
DOD status: Watch list;
Chemical name: Perfluorooctane sulfonic acid;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [B].
DOD status: Watch list;
Chemical name: Sulfur hexafluoride;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [B].
DOD status: Watch list;
Chemical name: Tetrachloroethylene;
Sediment[A]: Number of HTRW sites with detection: 2;
Sediment[A]: Range of maximum concentrations detected (parts per
million): 2.182 to 13.
DOD status: Watch list;
Chemical name: Tungsten;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [B].
DOD status: Watch list;
Chemical name: Tungsten alloys;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [D].
DOD status: Watch list;
Chemical name: Nanomaterials;
Sediment[A]: Number of HTRW sites with detection: [Empty];
Sediment[A]: Range of maximum concentrations detected (parts per
million): [D].
Source: GAO analysis of Corps data from FUDSMIS on the maximum detected
concentrations of contaminants used in the RRSEs for HTRW sites, as of
September 30, 2008.
[A] This includes multiple types of sediment. In the few instances
where a contaminant was detected in two of types of sediment, we used
the larger of the two maximum concentration values.
[B] FUDSMIS contained no concentration data for some contaminants in
some environmental media. No information was available in FUDSMIS on
the extent to which the Corps had actually tested sites for those
contaminants.
[C] According to DOD and Corps officials, all but one FUDS where
perchlorate has been detected are military munitions sites, to which
the RRSE does not apply. However, Appendix IV provides information on
perchlorate sampling at FUDS.
[D] We analyzed FUDSMIS data on contaminants using the Chemical
Abstract Service numbers DOD provided for these chemicals. No such
numbers exist for dioxin compounds, tungsten alloys, or nanomaterials.
[End of table]
[End of section]
Appendix IV: Perchlorate and Trichloroethylene Contamination at
Formerly Used Defense Sites:
Perchlorate:
Perchlorate is a chemical used in propellant for certain rockets and
missiles and is also found in fireworks, road flares, automobile air
bags, and other manufactured items. Perchlorate can also occur
naturally and is found in certain fertilizers. Exposure to perchlorate
can affect the thyroid gland by blocking the uptake of iodide and may
cause developmental impairments in fetuses of pregnant women.
Perchlorate has been found in drinking water sources nationwide,
although the extent of perchlorate contamination was not revealed until
1997, when new analytical methods enabled measurement of perchlorate at
low concentrations. According to the Environmental Protection Agency
(EPA), in testing of 3,865 public water supplies between 2001 and 2005,
approximately 160 systems (4.1 percent)--located in 26 states and 2
territories--had at least one detection of perchlorate at levels
greater than or equal to 4 micrograms per liter (µg/l, or parts per
billion (ppb)). In addition, the Food and Drug Administration and
Centers for Disease Control and Prevention have identified perchlorate
in a wide variety of foods, as well as commercially available powdered
infant formulas. There are currently no federal standards for the
presence of perchlorate in water.
DOD has used perchlorate in propellant for certain rockets and military
missiles since the 1940s. In 2003, DOD issued an Interim Policy on
Perchlorate Sampling, which directed DOD components to:
* sample for perchlorate at any previously unexamined sites--including
formerly used defense sites (FUDS)--where (1) there was a reasonable
basis to suspect that a release has occurred as a result of DOD
activities, and (2) a complete human exposure pathway was likely to
exist; and:
* consider, in determining the likelihood of perchlorate occurrence,
the volume of perchlorate used or disposed and/or the intensity of
perchlorate-related activities at the site.
Because of uncertainties as to the concentration at which perchlorate
should be regulated, DOD, the Department of Energy, the National
Aeronautics and Space Administration, and EPA asked the National
Research Council to assess the potential adverse health effects of
perchlorate. At the conclusion of its study in 2005, the Council
recommended a reference dose of 0.7 µg per kilogram of body weight per
day, which translates to a drinking water equivalent level of 24.5 ppb.
EPA adopted this recommended level and, in January 2006, directed its
regional offices to use this concentration as a preliminary remediation
goal when cleaning up sites under the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) and the National Oil
and Hazardous Substances Pollution Contingency Plan, the regulation
that implements CERCLA. In response to the Council's study and EPA's
new guidance, DOD updated its perchlorate policy in January 2006.
[Footnote 50] With regard to FUDS, the policy directed DOD to (1) test
for perchlorate, (2) conduct a site-specific risk assessment if
perchlorate levels in water exceed 24 ppb, and (3) prioritize the site
for risk management if the risk assessment indicates that the
perchlorate contamination could potentially result in adverse health
effects. According to DOD, the sampling requirement applied to all
media, and the "level of concern" of 24 ppb was intended to apply to
current and potential sources of drinking water.
In December 2008, EPA issued an Interim Drinking Water Health Advisory
for perchlorate, which established 15 ppb as the advisory level for
perchlorate in water.[Footnote 51] Unlike the previous level of 24.5
ppb, this new level incorporates exposure to perchlorate from food
sources. In January 2009, EPA directed its regional offices to use 15
ppb as a preliminary remediation goal when cleaning up sites under
CERCLA where there is an actual or potential drinking water exposure
pathway and no applicable or relevant and appropriate requirements
(ARAR) for perchlorate. In April 2009, DOD responded by again updating
its perchlorate policy, adopting a preliminary remediation goal of 15
ppb for perchlorate where (1) there is an actual or potential drinking
water exposure pathway, and (2) no ARARs exist under federal or state
laws.
While EPA has taken some steps to consider regulation of perchlorate
under the Safe Drinking Water Act, it issued a preliminary
determination in October 2008 not to regulate the chemical in drinking
water, citing the lack of a "meaningful opportunity for health risk
reduction" through a national drinking water regulation. As of August
2009, EPA is considering its final regulatory determination for
perchlorate and expects to issue a final health advisory concurrent
with the final regulatory determination. In the absence of a federal
perchlorate standard, some states have established standards for the
chemical--for example, Massachusetts[Footnote 52] and California have
promulgated drinking water standards for perchlorate. In addition, some
states have established nonregulatory action levels or advisories for
perchlorate.
The Corps has sampled, and is continuing to sample, for perchlorate at
FUDS. As of April 2008, the Corps had sampled 95 FUDS properties for
perchlorate. According to DOD data,[Footnote 53] sampling performed at
FUDS before June 2006 detected perchlorate at 13 of 32 FUDS properties
sampled,[Footnote 54] five of which had concentrations exceeding 4 ppb
in water.[Footnote 55] The Corps took action at 5 of the 13 FUDS
properties where perchlorate was detected[Footnote 56] and determined
that the remaining 8 FUDS properties did not require any actions to
address perchlorate. Table 15 presents data for the perchlorate
sampling conducted at FUDS between June 2006 and April 2008, by
environmental media.
Table 15: Perchlorate Detections at FUDS, June 2006 to April 2008:
Media: Groundwater;
Number of FUDS properties sampled: 28;
Number of FUDS properties with detections: 16;
Concentrations detected (ppb): Minimum: 0.061;
Concentrations detected (ppb): Maximum: 146.
Media: Surface Water;
Number of FUDS properties sampled: 28;
Number of FUDS properties with detections: 20;
Concentrations detected (ppb): Minimum: 0.009;
Concentrations detected (ppb): Maximum: 7.18.
Media: Drinking Water;
Number of FUDS properties sampled: 19;
Number of FUDS properties with detections: 13;
Concentrations detected (ppb): Minimum: 0.013;
Concentrations detected (ppb): Maximum: 1.8.
Media: Soil;
Number of FUDS properties sampled: 5;
Number of FUDS properties with detections: 2;
Concentrations detected (ppb): Minimum: 0.27;
Concentrations detected (ppb): Maximum: 3.
Source: GAO analysis of DOD data.
[End of table]
According to DOD, there are only two FUDS properties where DOD-caused
perchlorate concentrations in groundwater have exceeded EPA's and DOD's
current preliminary remediation goal of 15 ppb[Footnote 57].
Specifically:
* At the Spring Valley FUDS property in Washington, D.C., perchlorate
was detected in 45 of 51 groundwater samples between June 2006 and
April 2008 at concentrations ranging from 0.093 ppb to 146 ppb.
Perchlorate concentrations in six samples exceeded EPA's and DOD's
preliminary remediation goal of 15 ppb. During this period, perchlorate
was also detected in 22 of 23 surface water samples at concentrations
ranging from 0.361 ppb to 7.18 ppb.
* At the Boardman Air Force Range FUDS property in Oregon, perchlorate
was detected prior to June 2006 in seven of nine groundwater samples at
concentrations ranging from 0.2 ppb to 20.1 ppb, as well as at 0.34 ppb
in the single surface water sample collected.
The Corps is testing FUDS for perchlorate during the site inspections
currently being conducted under the Military Munitions Response Program
(MMRP), which DOD established in September 2001 to address potential
explosive and environmental hazards associated with munitions at active
installations and FUDS. The MMRP includes sites with munitions and
explosives of concern, munitions constituents, and chemical warfare
material. Many of the FUDS sampled prior to FY 2007 will be resampled
as part of the MMRP. According to DOD officials, sampling conducted as
part of the FUDS MMRP site inspections, as of July 2009, had identified
perchlorate in:
* 116 of 247 water samples analyzed, at concentrations ranging from
0.0088 ppb to 1.91 ppb. These samples were collected from 85 FUDS MMRP
sites.
* 9 of 38 soil samples analyzed, at concentrations ranging from 0.27
ppb to 3.0 ppb. These samples were collected from 6 FUDS MMRP
sites.[Footnote 58]
Trichloroethylene (TCE):
TCE has been widely used as a degreasing agent in metal cleaning for
industrial and maintenance processes since the 1950s. Low levels of
exposure to TCE have been documented to cause headaches and difficulty
concentrating. High-level exposure may cause dizziness, headaches,
nausea, unconsciousness, cancer, and possibly death. TCE in groundwater
can take decades to clean up--for example, cleaning up TCE at the
Former Nebraska Ordnance Plant site is estimated to take 130 years.
According to officials with the Corps' Center of Expertise, TCE is the
most significant emerging contaminant in terms of prevalence at FUDS
and is the most significant emerging contaminant in terms of the cost
of cleanup at FUDS. The Corps has detected TCE at a minimum of 166
sites--15 percent of the hazardous, toxic, and radioactive waste (HTRW)
sites--on 143 FUDS properties.[Footnote 59]
EPA has regulated TCE in drinking water since 1989 with a maximum
contaminant level of 5 ppb. However, concerns about this contaminant
have increased in recent years. For example, in 2006, NRC reported that
the evidence on carcinogenic risk and other health hazards from
exposure to TCE has strengthened since 2001. New information may lead
to changes in the toxicity values used to assess risks of TCE exposure.
In making cleanup decisions for FUDS, the Corps uses toxicity values
for contaminants in conducting assessments of a site's risks to human
health and the environment. EPA's Integrated Risk Information System
(IRIS), a database that contains EPA's scientific position on the
potential human health effects of exposure to more than 540 chemicals,
is DOD's and EPA's preferred source for the fundamental toxicity
information needed to develop human health risk assessments. However,
EPA has not finalized its IRIS assessment of the risks TCE may pose.
Given EPA's ongoing assessment and different preferences among
regulatory agencies, DOD has used a variety of different toxicity
values in assessing risks of TCE exposure at FUDS. In January 2009, EPA
issued interim guidance recommending toxicity values to use in
assessing potential cancer and noncancer risks from inhalation of or
oral exposure to TCE. However, EPA withdrew this guidance in April
2009, stating that the agency would further evaluate the
recommendations regarding the noncancer TCE toxicity value to use in
assessing the risk of inhalation exposures. DOD plans to use the
interim values in the withdrawn EPA guidance, but DOD officials noted
that an EPA regional office or state regulatory agency may press DOD to
use a value preferred by an individual risk assessor at that agency.
According to DOD, in these cases, DOD works with EPA and state
officials to develop an agreed-upon value.
In addition, intrusion of TCE vapors from soil or groundwater into
buildings is a relatively newly-identified exposure pathway. A federal
standard exists for TCE in indoor air at places of work, but not in
residences or other buildings. EPA, the Army, and DOD have issued
guidance on vapor intrusion, and officials told us that the Corps
evaluates the vapor intrusion pathway, when appropriate, through the
site-specific risk assessment. In 2002, EPA issued its Office of Solid
Waste and Emergency Response (OSWER) Draft Guidance for Evaluating the
Vapor Intrusion to Indoor Air Pathway from Groundwater and Soils
(Subsurface Vapor Intrusion Guidance), which has not been finalized
and, according to DOD, is not followed by all state health agencies. In
2006, the Army released its Interim Vapor Intrusion Policy for
Environmental Response Actions, which established environmental
response actions related to vapor intrusion modeling and investigation
for existing and future buildings. It also noted that potential vapor
intrusion risks in existing or future buildings will be evaluated as
part of the CERCLA Five-Year Review, consistent with the guidelines in
the policy, if these risks were not evaluated in the Record of Decision
or Decision Document for the site. In January 2009, DOD published its
Tri-Services Handbook for the Assessment of the Vapor Intrusion
Pathway, a technical guidance manual that discusses various approaches
for evaluating the vapor intrusion pathway, including information on
developing and interpreting vapor intrusion investigations.
As of July 2009, DOD was revising its 2001 Defense Environmental
Restoration Program Management Guidance, which will outline the
conditions under which the DOD components are instructed to evaluate
whether contamination in soil or groundwater poses a potential for
unacceptable risk from vapor intrusion into overlying or nearby
existing structures. The revisions call for appropriate response
actions for a vapor intrusion pathway in existing structures when the
potential for vapor intrusion exists and "a site-specific risk
assessment indicates an unacceptable risk to human health due to a
release to the environment that is the responsibility of DOD and not
the responsibility of any other party." In addition, the revisions note
that the DOD components are to notify non-DOD property owners in
writing of potential vapor intrusion risks and, as appropriate, include
this information in decision documents and/or transfer documents.
Further, the revisions state that a transferee will address the
potential for vapor intrusion in future structures at its own expense
by adding appropriate mitigating measures during construction, and that
these obligations are to be included in decisions documents and/or
transfer documents for the site.
[End of section]
Appendix V: Completion Status of Department of Defense Sites by Program
Category and Military Component:
Tables 16 through 18 show the completion status of Department of
Defense (DOD) sites and those that require long-term management under
the Installation Restoration Program (IRP), the Military Munitions
Response Program (MMRP) and the Building Demolition/Debris Removal (BD/
DR) Program by military component, for fiscal year (FY) 2004 through
2008.
Table 16: Active Sites Cleanup Completion Status for FY 2004 through
2008:
Number of sites:
Program category: IRP sites that have achieved response complete
status[A];
FY: 2004;
Military component: Army: 9,296;
Military component: Navy: 2,464;
Military component: Air Force: 3,173;
Military component: Defense Logistics Agency: 333;
Total: 15,266.
FY: 2005;
Military component: Army: 9,488;
Military component: Navy: 2,574;
Military component: Air Force: 3,311;
Military component: Defense Logistics Agency: 318;
Total: 15,691.
FY: 2006;
Military component: Army: 9,568;
Military component: Navy: 2,672;
Military component: Air Force: 3,471;
Military component: Defense Logistics Agency: 324;
Total: 16,035.
FY: 2007;
Military component: Army: 9,704;
Military component: Navy: 1,217;
Military component: Air Force: 3,854;
Military component: Defense Logistics Agency: 322;
Total: 15,097.
FY: 2008;
Military component: Army: 9,775;
Military component: Navy: 2,111;
Military component: Air Force: 4,049;
Military component: Defense Logistics Agency: 325;
Total: 16,260.
Program category: IRP sites that have not achieved response complete
status[A];
FY: 2004;
Military component: Army: 1,136;
Military component: Navy: 1,235;
Military component: Air Force: 2,061;
Military component: Defense Logistics Agency: 44;
Total: 4,476.
FY: 2005;
Military component: Army: 1,024;
Military component: Navy: 1,140;
Military component: Air Force: 1,978;
Military component: Defense Logistics Agency: 26;
Total: 4,168.
FY: 2006;
Military component: Army: 883;
Military component: Navy: 1,032;
Military component: Air Force: 1,855;
Military component: Defense Logistics Agency: 21;
Total: 3,791.
FY: 2007;
Military component: Army: 783;
Military component: Navy: 2,499;
Military component: Air Force: 1,436;
Military component: Defense Logistics Agency: 23;
Total: 4,741.
FY: 2008;
Military component: Army: 707;
Military component: Navy: 1,612;
Military component: Air Force: 1,243;
Military component: Defense Logistics Agency: 21;
Total: 3,583.
Program category: IRP sites that have achieved response complete status
but remain under long term management;
FY: 2004;
Military component: Army: 208;
Military component: Navy: 124;
Military component: Air Force: 368;
Military component: Defense Logistics Agency: 19;
Total: 719.
FY: 2005;
Military component: Army: 248;
Military component: Navy: 139;
Military component: Air Force: 285;
Military component: Defense Logistics Agency: 1;
Total: 673.
FY: 2006;
Military component: Army: 268;
Military component: Navy: 156;
Military component: Air Force: 274;
Military component: Defense Logistics Agency: 11;
Total: 709.
FY: 2007;
Military component: Army: 268;
Military component: Navy: 34;
Military component: Air Force: 317;
Military component: Defense Logistics Agency: 19;
Total: 638.
FY: 2008;
Military component: Army: 331;
Military component: Navy: 54;
Military component: Air Force: 351;
Military component: Defense Logistics Agency: 22;
Total: 758.
Program category: MMRP sites that have achieved response complete
status;
FY: 2004;
Military component: Army: 51;
Military component: Navy: 8;
Military component: Air Force: 52;
Military component: Defense Logistics Agency: 0;
Total: 111.
FY: 2005;
Military component: Army: 82;
Military component: Navy: 16;
Military component: Air Force: 60;
Military component: Defense Logistics Agency: 0;
Total: 158.
FY: 2006;
Military component: Army: 127;
Military component: Navy: 35;
Military component: Air Force: 64;
Military component: Defense Logistics Agency: 0;
Total: 226.
FY: 2007;
Military component: Army: 195;
Military component: Navy: 31;
Military component: Air Force: 111;
Military component: Defense Logistics Agency: 0;
Total: 337.
FY: 2008;
Military component: Army: 384;
Military component: Navy: 43;
Military component: Air Force: 123;
Military component: Defense Logistics Agency: 0;
Total: 550.
Program category: MMRP sites that have not achieved response complete
status;
FY: 2004;
Military component: Army: 751;
Military component: Navy: 204;
Military component: Air Force: 241;
Military component: Defense Logistics Agency: 0;
Total: 1,196.
FY: 2005;
Military component: Army: 739;
Military component: Navy: 197;
Military component: Air Force: 239;
Military component: Defense Logistics Agency: 0;
Total: 1,175.
FY: 2006;
Military component: Army: 658;
Military component: Navy: 186;
Military component: Air Force: 240;
Military component: Defense Logistics Agency: 0;
Total: 1,084.
FY: 2007;
Military component: Army: 631;
Military component: Navy: 208;
Military component: Air Force: 374;
Military component: Defense Logistics Agency: 0;
Total: 1,213.
FY: 2008;
Military component: Army: 512;
Military component: Navy: 214;
Military component: Air Force: 394;
Military component: Defense Logistics Agency: 0;
Total: 1,120.
Program category: MMRP sites that have achieved response complete
status but remain under long term management;
FY: 2004;
Military component: Army: 0;
Military component: Navy: 0;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 0.
FY: 2005;
Military component: Army: 1;
Military component: Navy: 0;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 1.
FY: 2006;
Military component: Army: 2;
Military component: Navy: 1;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 3.
FY: 2007;
Military component: Army: 2;
Military component: Navy: 0;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 2.
FY: 2008;
Military component: Army: 2;
Military component: Navy: 0;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 2.
Source: DOD data.
[A] BD/DR sites are included.
[End of table]
Table 17: BRAC Sites Cleanup Completion Status for FY 2004 through
2008:
Number of sites:
Program category: IRP sites that have achieved response complete
status[A];
FY: 2004;
Military component: Army: 1,710;
Military component: Navy: 899;
Military component: Air Force: 1,073;
Military component: Defense Logistics Agency: 153;
Total: 3,835.
FY: 2005;
Military component: Army: 1744;
Military component: Navy: 920;
Military component: Air Force: 1127;
Military component: Defense Logistics Agency: 157;
Total: 3,948.
FY: 2006;
Military component: Army: 1781;
Military component: Navy: 914;
Military component: Air Force: 1179;
Military component: Defense Logistics Agency: 157;
Total: 4,031.
FY: 2007;
Military component: Army: 1767;
Military component: Navy: 422;
Military component: Air Force: 1226;
Military component: Defense Logistics Agency: 157;
Total: 3,572.
FY: 2008;
Military component: Army: 1778;
Military component: Navy: 558;
Military component: Air Force: 1260;
Military component: Defense Logistics Agency: 157;
Total: 3,753.
Program category: IRP sites that have not complete status;
FY: 2004; Military component: Army: 181;
Military component: Navy: 164;
Military component: Air Force: 641;
Military component: Defense Logistics Agency: 11;
Total: 997.
FY: 2005; Military component: Army: 149;
Military component: Navy: 174;
Military component: Air Force: 587;
Military component: Defense Logistics Agency: 7;
Total: 917.
FY: 2006;
Military component: Army: 186;
Military component: Navy: 210;
Military component: Air Force: 576;
Military component: Defense Logistics Agency: 7;
Total: 979.
FY: 2007;
Military component: Army: 209;
Military component: Navy: 707;
Military component: Air Force: 583;
Military component: Defense Logistics Agency: 7;
Total: 1,506.
FY: 2008;
Military component: Army: 221;
Military component: Navy: 572;
Military component: Air Force: 549;
Military component: Defense Logistics Agency: 7;
Total: 1,349.
Program category: IRP sites that have achieved response complete status
but remain under long term management;
FY: 2004; Military component: Army: 51;
Military component: Navy: 48;
Military component: Air Force: 84;
Military component: Defense Logistics Agency: 0;
Total: 183.
FY: 2005;
Military component: Army: 56;
Military component: Navy: 46;
Military component: Air Force: 82;
Military component: Defense Logistics Agency: 0;
Total: 184.
FY: 2006;
Military component: Army: 69;
Military component: Navy: 40;
Military component: Air Force: 272;
Military component: Defense Logistics Agency: 0;
Total: 381.
FY: 2007;
Military component: Army: 80;
Military component: Navy: 16;
Military component: Air Force: 289;
Military component: Defense Logistics Agency: 0;
Total: 385.
FY: 2008;
Military component: Army: 84;
Military component: Navy: 14;
Military component: 308;
Military component: Defense Logistics Agency: 17;
Total: 423.
Program category: MMRP sites that have achieved response complete
status;
FY: 2004;
Military component: Army: 120;
Military component: Navy: 3;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 123.
FY: 2005;
Military component: Army: 109;
Military component: Navy: 5;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 114.
FY: 2006;
Military component: Army: 118;
Military component: Navy: 4;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 122.
FY: 2007;
Military component: Army: 87;
Military component: Navy: 1;
Military component: Air Force: 92;
Military component: Defense Logistics Agency: 0;
Total: 180.
FY: 2008;
Military component: Army: 93;
Military component: Navy: 5;
Military component: 102;
Military component: Defense Logistics Agency: 0;
Total: 200.
Program category: MMRP sites that have not achieved response complete
status;
FY: 2004; Military component: Army: 53;
Military component: Navy: 16;
Military component: Air Force: 126;
Military component: Defense Logistics Agency: 0;
Total: 195.
FY: 2005;
Military component: Army: 64;
Military component: Navy: 14;
Military component: Air Force: 126;
Military component: Defense Logistics Agency: 0;
Total: 204.
FY: 2006;
Military component: Army: 99;
Military component: Navy: 26;
Military component: Air Force: 126;
Military component: Defense Logistics Agency: 0;
Total: 251.
FY: 2007;
Military component: Army: 91;
Military component: Navy: 31;
Military component: Air Force: 35;
Military component: Defense Logistics Agency: 0;
Total: 157.
FY: 2008;
Military component: Army: 91;
Military component: Navy: 27;
Military component: Air Force: 25;
Military component: Defense Logistics Agency: 0;
Total: 143.
Program category: MMRP sites that have achieved response complete
status but remain under long term management;
FY: 2004;
Military component: Army: 2;
Military component: Navy: 0;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 2.
FY: 2005;
Military component: Army: 6;
Military component: Navy: 0;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 6.
FY: 2006;
Military component: Army: 11;
Military component: Navy: 0;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 11.
FY: 2007;
Military component: Army: 9;
Military component: Navy: 0;
Military component: Air Force: 8;
Military component: Defense Logistics Agency: 0;
Total: 17.
FY: 2008;
Military component: Army: 10;
Military component: Navy: 0;
Military component: Air Force: 7;
Military component: Defense Logistics Agency: 0;
Total: 17.
Source: DOD data.
[A] BD/DR sites are included.
[End of table]
Table 18: FUDS Sites Cleanup Completion Status for FY 2004 through
2008:
Number of sites:
Program category: IRP sites that have achieved response complete
status[A];
FY: 2004;
Total: 1,872.
FY: 2005;
Total: 1,887.
FY: 2006;
Total: 2,008.
FY: 2007;
Total: 2,046.
FY: 2008;
Total: 2,114.
Program category: IRP sites that have not achieved response complete
status[A];
FY: 2004;
Total: 1,226.
FY: 2005;
Total: 1,123.
FY: 2006;
Total: 1,013.
FY: 2007;
Total: 988.
FY: 2008;
Total: 930.
Program category: IRP sites that have achieved response complete status
but remain under long term management;
FY: 2004;
Total: 77.
FY: 2005;
Total: 15.
FY: 2006;
Total: 21.
FY: 2007;
Total: 32.
FY: 2008;
Total: 38.
Program category: MMRP sites that have achieved response complete
status;
FY: 2004;
Total: 804.
FY: 2005;
Total: 482.
FY: 2006;
Total: 473.
FY: 2007;
Total: 403.
FY: 2008;
Total: 568.
Program category: MMRP sites that have not achieved response complete
status;
FY: 2004;
Total: 969.
FY: 2005;
Total: 1,176.
FY: 2006;
Total: 1,160.
FY: 2007;
Total: 1,247.
FY: 2008;
Total: 1,093.
Program category: MMRP sites that have achieved response complete
status but remain under long term management;
FY: 2004;
Total: 19.
FY: 2005;
Total: 11.
FY: 2006;
Total: 12.
FY: 2007;
Total: 15.
FY: 2008;
Total: 17.
Source: DOD data.
[A] BD/DR sites are included.
[End of table]
[End of section]
Appendix VI: Department of Defense Obligations and Estimated Costs to
Complete Environmental Restoration by Military Component and Program
Category:
Table 19 shows the Department of Defense's (DOD) obligations for
cleanup at active sites for the Installation Restoration Program (IRP),
the Military Munitions Response Program (MMRP), the Building
Demolition/Debris Removal (BD/DR) Program, and program management and
support for fiscal year (FY) 2004 through 2008.
Table 19: DOD Obligations for Cleanup at Active Sites under the IRP,
MMRP and BD/DR, FY 2004 through 2008:
Dollars in millions:
Program category: IRP[B];
FY: 2004;
Military component: Army: $339.9;
Military component: Navy: $214.6;
Military component: Air Force: $338.3;
Military component: Defense Logistics Agency: $17.9;
Total[A]: $910.7.
FY: 2005;
Military component: Army: $341.0;
Military component: Navy: $207.5;
Military component: Air Force: $335.0;
Military component: Defense Logistics Agency: $11.2;
Total[A]: $894.7.
FY: 2006;
Military component: Army: $329.0;
Military component: Navy: $211.6;
Military component: Air Force: $348.2;
Military component: Defense Logistics Agency: $14.6;
Total[A]: $903.5.
FY: 2007;
Military component: Army: $325.2;
Military component: Navy: $212.8;
Military component: Air Force: $343.2;
Military component: Defense Logistics Agency: $8.7;
Total[A]: $889.8.
FY: 2008;
Military component: Army: $340.1;
Military component: Navy: $219.3;
Military component: Air Force: $369.6;
Military component: Defense Logistics Agency: $8.5;
Total[A]: $937.6.
Program category: MMRP;
FY: 2004;
Military component: Army: $5.8;
Military component: Navy: $8.0;
Military component: Air Force: $0.0;
Military component: Defense Logistics Agency: $0.0;
Total[A]: $13.8.
FY: 2005;
Military component: Army: $6.7;
Military component: Navy: $15.1;
Military component: Air Force: $13.0;
Military component: Defense Logistics Agency: $0.0;
Total[A]: $34.8.
FY: 2006;
Military component: Army: $12.4;
Military component: Navy: $35.3;
Military component: Air Force: $10.8;
Military component: Defense Logistics Agency: $0.0;
Total[A]: $58.5.
FY: 2007;
Military component: Army: $21.3;
Military component: Navy: $40.1;
Military component: Air Force: $18.6;
Military component: Defense Logistics Agency: $0.0;
Total[A]: $80.0.
FY: 2008;
Military component: Army: $31.9;
Military component: Navy: $45.4;
Military component: Air Force: $41.3;
Military component: $0.0;
Total[A]: $118.6.
Program category: Program management and support[C];
FY: 2004; Military component: Army: [Empty];
Military component: Navy: [Empty];
Military component: Air Force: [Empty];
Military component: Defense Logistics Agency: [Empty];
Total[A]: [Empty].
FY: 2005;
Military component: Army: $53.5;
Military component: Navy: $43.2;
Military component: Air Force: $48.6;
Military component: Defense Logistics Agency: $0.7;
Total[A]: $146.0.
FY: 2006;
Military component: Army: v53.8;
Military component: Navy: $49.0;
Military component: Air Force: $42.1;
Military component: Defense Logistics Agency: $4.0;
Total[A]: $148.8.
FY: 2007;
Military component: Army: $56.4;
Military component: Navy: $48.8;
Military component: Air Force: $39.7;
Military component: Defense Logistics Agency: $2.3;
Total[A]: $147.1.
FY: 2008;
Military component: Army: $65.5;
Military component: Navy: $48.3;
Military component: Air Force: $45.3;
Military component: Defense Logistics Agency: $2.8;
Total[A]: $161.9.
Program category: Total obligations;
FY: 2004;
Military component: Army: $345.7;
Military component: Navy: $222.5;
Military component: Air Force: $338.3;
Military component: Defense Logistics Agency: $17.9;
Total[A]: $924.5.
FY: 2005;
Military component: Army: $401.3;
Military component: Navy: $265.9;
Military component: Air Force: $396.5;
Military component: Defense Logistics Agency: $11.8;
Total[A]: $1,075.5.
FY: 2006;
Military component: Army: $395.2;
Military component: Navy: $295.9;
Military component: Air Force: $401.1;
Military component: Defense Logistics Agency: $18.6;
Total[A]: $1,110.8.
FY: 2007;
Military component: Army: $402.8;
Military component: Navy: $301.7;
Military component: Air Force: $401.5;
Military component: Defense Logistics Agency: $11.0;
Total[A]: $1,117.0.
FY: 2008;
Military component: Army: $437.6;
Military component: Navy: $312.9;
Military component: Air Force: $456.2;
Military component: Defense Logistics Agency: $11.3;
Total[A]: $1,218.0.
Source: DOD data.
[A] Due to rounding, subtotals may not equal total obligations.
[B] BD/DR obligations are included.
[C] Program management and support includes administrative and overhead
expenses. These obligations were not reported in DOD's DERP information
system until FY 2005.
[End of table]
Table 20 shows DOD's obligations for cleanup at installations that have
been closed or are designated to be closed or realigned under the Base
Realignment and Closure (BRAC) process under the IRP, MMRP, and for
program management and support for FY 2004 through 2008.
Table 20: DOD's Obligations for Cleanup at BRAC Sites under the IRP and
MMRP, FY 2004 through 2008:
Dollars in millions:
Program category: IRP;
FY: 2004;
Military component: Army: $18.3;
Military component: Navy: $120.1;
Military component: Air Force: $146.0;
Military component: Defense Logistics Agency: $7.3;
Total[A]: $291.7.
FY: 2005;
Military component: Army: v56.5;
Military component: Navy: $72.5;
Military component: Air Force: $100.3;
Military component: Defense Logistics Agency: $8.3;
Total[A]: $237.6.
FY: 2006;
Military component: Army: $43.2;
Military component: Navy: $219.5;
Military component: Air Force: $81.0;
Military component: Defense Logistics Agency: $4.3;
Total[A]: $348.0.
FY: 2007;
Military component: Army: $55.2;
Military component: Navy: $163.4;
Military component: Air Force: $85.4;
Military component: Defense Logistics Agency: $5.0;
Total[A]: $308.9.
FY: 2008;
Military component: Army: $42.0;
Military component: Navy: $256.2;
Military component: Air Force: $91.1;
Military component: Defense Logistics Agency: $1.6;
Total[A]: $390.8.
Program category: MMRP;
FY: 2004;
Military component: Army: $22.2;
Military component: Navy: $0.6;
Military component: Air Force: $0.2;
Military component: Defense Logistics Agency: $0.0;
Total[A]: $23.0.
FY: 2005;
Military component: Army: $17.5;
Military component: Navy: $4.6;
Military component: Air Force: $0.0;
Military component: Defense Logistics Agency: $0.0;
Total[A]: $22.1.
FY: 2006;
Military component: Army: $46.1;
Military component: Navy: $6.8;
Military component: Air Force: $0.0;
Military component: Defense Logistics Agency: $0.0;
Total[A]: $52.8.
FY: 2007;
Military component: Army: $54.0;
Military component: Navy: $7.6;
Military component: Air Force: $0.2;
Military component: Defense Logistics Agency: $0.0;
Total[A]: $61.8.
FY: 2008;
Military component: Army: $22.4;
Military component: Navy: $25.2;
Military component: Air Force: $1.8;
Military component: Defense Logistics Agency: $0.0;
Total[A]: $49.4.
Program category: Program management and support[B];
FY: 2004;
Military component: Army: [Empty];
Military component: Navy: [Empty];
Military component: Air Force: [Empty];
Military component: Defense Logistics Agency: [Empty];
Total[A]: [Empty].
FY: 2005;
Military component: Army: $16.1;
Military component: Navy: $25.5;
Military component: Air Force: $41.7;
Military component: Defense Logistics Agency: $0.0;
Total[A]: $83.3.
FY: 2006;
Military component: Army: $12.1;
Military component: Navy: $30.2;
Military component: Air Force: $40.5;
Military component: Defense Logistics Agency: $0.2;
Total[A]: $83.0.
FY: 2007;
Military component: Army: $13.5;
Military component: Navy: $23.8;
Military component: Air Force: $29.4;
Military component: Defense Logistics Agency: $1.0;
Total[A]: $67.7.
FY: 2008;
Military component: Army: $14.2;
Military component: Navy: $27.5;
Military component: Air Force: $36.2;
Military component: Defense Logistics Agency: $2.1;
Total[A]: $80.0.
Program category: Total obligations;
FY: 2004;
Military component: Army: $40.6;
Military component: Navy: $120.7;
Military component: Air Force: $146.2;
Military component: Defense Logistics Agency: $7.3;
Total[A]: $314.7.
FY: 2005;
Military component: Army: $90.1;
Military component: Navy: $102.5;
Military component: Air Force: $142.1;
Military component: Defense Logistics Agency: $8.3;
Total[A]: $342.9.
FY: 2006;
Military component: Army: $101.4;
Military component: Navy: $256.4;
Military component: Air Force: $121.5;
Military component: Defense Logistics Agency: $4.5;
Total[A]: $483.9.
FY: 2007;
Military component: Army: $122.7;
Military component: Navy: $194.8;
Military component: Air Force: $114.9;
Military component: Defense Logistics Agency: $6.0;
Total[A]: $438.3.
FY: 2008;
Military component: Army: $78.6;
Military component: Navy: $308.8;
Military component: Air Force: $129.0;
Military component: Defense Logistics Agency: $3.7;
Total[A]: $520.2.
Source: DOD data.
[A] Due to rounding, subtotals may not equal total obligations.
[B] Program management and support includes administrative and overhead
expenses. These obligations were not reported in DOD's DERP information
system until FY 2005.
[End of table]
Table 21 shows DOD's obligations to clean up formerly used defense
sites (FUDS) under the IRP, MMRP, and BD/DR Program, and program
management and support for FY 2004 through 2008.
Table 21: DOD's Obligations for Cleanup at FUDS under the IRP, MMRP and
BD/DR, FY 2004 through 2008:
Dollars in millions:
Program category: IRP[A].
FY: 2004;
Total: $156.9.
FY: 2005;
Total: $126.7.
FY: 2006;
Total: $118.9.
FY: 2007;
Total: $116.5.
FY: 2008;
Total: $129.8.
Program category: MMRP.
FY: 2004;
Total: $82.8.
FY: 2005;
Total: $94.2.
FY: 2006;
Total: $91.5.
FY: 2007;
Total: $102.9.
FY: 2008;
Total: $115.5.
Program category: Program management and support[B].
FY: 2004;
Total: $44.5[C].
FY: 2005;
Total: $44.8.
FY: 2006;
Total: $43.5.
FY: 2007;
Total: $43.4.
FY: 2008;
Total: $41.4.
Program category: Total obligations.
FY: 2004;
Total: $284.2.
FY: 2005;
Total: $265.7.
FY: 2006;
Total: $253.8.
FY: 2007;
Total: $262.8.
FY: 2008;
Total: $286.7.
Source: DOD data.
[A] BD/DR obligations are included.
[B] Program management and support includes administrative and overhead
expenses.
[C] Program management and support obligations were not reported in
DOD's DERP information system until FY 2005.
[End of table]
Table 22 shows the DOD's estimated cost to complete environmental clean
up for sites located at active installations, BRAC installations, and
FUDS under the IRP, MMRP, and BD/DR Program for FY 2004 through 2008.
Table 22: DOD's Estimated Costs to Complete Environmental Cleanup for
Active, BRAC, and FUDS sites by Program Category, FY 2004 through 2008:
Dollars in billions:
Active sites[A];
FY: 2004;
Program category: IRP: $9.0;
Program category: MMRP: $7.3;
Total: $16.3.
FY: 2005;
Program category: IRP: $8.2;
Program category: MMRP: $6.0;
Total: $14.2.
FY: 2006;
Program category: IRP: $7.5;
Program category: MMRP: $5.1;
Total: $12.6.
FY: 2007;
Program category: IRP: $6.9;
Program category: MMRP: $5.3;
Total: $12.2.
FY: 2008;
Program category: IRP: $6.3;
Program category: $4.9;
Total: $11.3.
BRAC sites;
FY: 2004;
Program category: IRP: $2.7;
Program category: MMRP: $0.5;
Total: $3.2.
FY: 2005;
Program category: IRP: $2.6;
Program category: MMRP: $1.2;
Total: $3.8.
FY: 2006;
Program category: IRP: $3.0;
Program category: MMRP: $0.9;
Total: 3.9.
FY: 2007;
Program category: IRP: 2.9;
Program category: MMRP: 0.9;
Total: $3.9.
FY: 2008;
Program category: IRP: $2.8;
Program category: MMRP: $1.0;
Total: $3.7.
FUDS[A];
FY: 2004;
Program category: IRP: $3.6;
Program category: MMRP: $12.2;
Total: $15.8.
FY: 2005;
Program category: IRP: $3.5;
Program category: MMRP: $12.9;
Total: $16.4.
FY: 2006;
Program category: IRP: $3.4;
Program category: MMRP: $12.6;
Total: $16.1.
FY: 2007;
Program category: IRP: $3.2;
Program category: MMRP: $13.0;
Total: $16.3.
FY: 2008;
Program category: IRP: $2.8;
Program category: MMRP: $13.5;
Total: $16.2.
Source: DOD data.
Note: Does not include program management and support costs. Totals may
not add due to rounding.
[A] BD/DR costs estimates are included in IRP category.
[End of table]
[End of section]
Appendix VII: Department of Defense's Inventory of Sites and Number of
High Risk Sites by Military Component and Program Category:
Table 23 shows the total inventory of Department of Defense (DOD) sites
and number ranked high risk in the Installation Restoration Program
(IRP) and the Military Munitions Response Program (MMRP) by military
component, for fiscal year (FY) 2004 through 2008.
Table 23: Inventory for Active DOD Sites, FY 2004 through 2008:
Number of sites:
Program category: IRP[A];
FY: 2004;
Military component: Army: 10,432;
Military component: Navy: 3,699;
Military component: Air Force: 5,234;
Military component: Defense Logistics Agency: 377;
Total: 19,742.
FY: 2005;
Military component: Army: : 10,512;
Military component: Navy: : 3,714;
Military component: Air Force: : 5,289;
Military component: Defense Logistics Agency: : 344;
Total: : 19,859.
FY: 2006;
Military component: Army: : 10,451;
Military component: Navy: : 3,704;
Military component: Air Force: : 5,326;
Military component: Defense Logistics Agency: : 345;
Total: : 19,826.
FY: 2007;
Military component: Army: : 10,487;
Military component: Navy: : 3,716;
Military component: Air Force: : 5,290;
Military component: Defense Logistics Agency: : 345;
Total: : 19,838.
FY: 2008;
Military component: Army: MMRP: 10,482;
Military component: Navy: MMRP: 3,723;
Military component: Air Force: MMRP: 5,292;
Military component: Defense Logistics Agency: MMRP: 346;
Total: MMRP: 19,843.
Program category: MMRP;
FY: 2004;
Military component: Army: 802;
Military component: Navy: 212;
Military component: Air Force: 293;
Military component: Defense Logistics Agency: 0;
Total: 1,307.
FY: 2005;
Military component: Army: 821;
Military component: Navy: 213;
Military component: Air Force: 299;
Military component: Defense Logistics Agency: 0;
Total: 1,333.
FY: 2006;
Military component: Army: 785;
Military component: Navy: 221;
Military component: Air Force: 304;
Military component: Defense Logistics Agency: 0;
Total: 1,310.
FY: 2007;
Military component: Army: 826;
Military component: Navy: 239;
Military component: Air Force: 485;
Military component: Defense Logistics Agency: 0;
Total: 1,550.
FY: 2008;
Military component: Army: 896;
Military component: Navy: 257;
Military component: Air Force: 517;
Military component: Defense Logistics Agency: 0;
Total: 1,670.
Program category: Total sites;
FY: 2004;
Military component: Army: 11,234;
Military component: Navy: 3,911;
Military component: Air Force: 5,527;
Military component: Defense Logistics Agency: 377;
Total: 21,049.
FY: 2005;
Military component: Army: 11,333;
Military component: Navy: 3,927;
Military component: Air Force: 5,588;
Military component: Defense Logistics Agency: 344;
Total: 21,192.
FY: 2006;
Military component: Army: 11,236;
Military component: Navy: 3,925;
Military component: Air Force: 5,630;
Military component: Defense Logistics Agency: 345;
Total: 21,136.
FY: 2007;
Military component: Army: 11,313;
Military component: Navy: 3,955;
Military component: Air Force: 5,775;
Military component: Defense Logistics Agency: 345;
Total: 21,388.
FY: 2008;
Military component: Army: 11,378;
Military component: Navy: 3,980;
Military component: Air Force: 5,809;
Military component: Defense Logistics Agency: 346;
Total: 21,513.
Program category: IRP sites ranked as high risk[B];
FY: 2004; Military component: Army: 486;
Military component: Navy: 474;
Military component: Air Force: 273;
Military component: Defense Logistics Agency: 4;
Total: 1,237.
FY: 2005;
Military component: Army: 337;
Military component: Navy: 412;
Military component: Air Force: 211;
Military component: Defense Logistics Agency: 4;
Total: 964.
FY: 2006;
Military component: Army: 222;
Military component: Navy: 345;
Military component: Air Force: 116;
Military component: Defense Logistics Agency: 4;
Total: 687.
FY: 2007;
Military component: Army: 114;
Military component: Navy: 205;
Military component: Air Force: 23;
Military component: Defense Logistics Agency: 4;
Total: 346.
FY: 2008;
Military component: Army: 86;
Military component: Navy: 189;
Military component: Air Force: 9;
Military component: Defense Logistics Agency: 3;
Total: 287.
Program category: MMRP Sites ranked as high risk[B,C];
FY: 2004;
Military component: Army: 235;
Military component: Navy: 32;
Military component: Air Force: 54;
Military component: Defense Logistics Agency: 0;
Total: 321.
FY: 2005;
Military component: Army: 236;
Military component: Navy: 31;
Military component: Air Force: 54;
Military component: Defense Logistics Agency: 0;
Total: 321.
FY: 2006;
Military component: Army: 203;
Military component: Navy: 28;
Military component: Air Force: 53;
Military component: Defense Logistics Agency: 0;
Total: 284.
FY: 2007;
Military component: Army: [Empty];
Military component: Navy: [Empty];
Military component: Air Force: [Empty];
Military component: Defense Logistics Agency: 0;
Total: [Empty].
FY: 2008;
Military component: Army: [Empty];
Military component: Navy: [Empty];
Military component: Air Force: [Empty];
Military component: Defense Logistics Agency: 0;
Total: Military component: [Empty].
Program category: Total high risk sites[C];
FY: 2004;
Military component: Army: 721;
Military component: Navy: 506;
Military component: Air Force: 327;
Military component: Defense Logistics Agency: 4;
Total: 1,558.
FY: 2005;
Military component: Army: 573;
Military component: Navy: 443;
Military component: Air Force: 265;
Military component: Defense Logistics Agency: 4;
Total: 1,285.
FY: 2006;
Military component: Army: 425;
Military component: Navy: 373;
Military component: Air Force: 169;
Military component: Defense Logistics Agency: 4;
Total: 971.
FY: 2007;
Military component: Army: [Empty];
Military component: Navy: [Empty];
Military component: Air Force: [Empty];
Military component: Defense Logistics Agency: [Empty];
Total: [Empty].
FY: 2008;
Military component: Army: [Empty];
Military component: Navy: [Empty];
Military component: Air Force: [Empty];
Military component: Defense Logistics Agency: [Empty];
Total: Total: [Empty]
Source: DOD data.
[A] IRP numbers include Building Demolition/Debris Removal (BD/DR)
Program sites.
[B] We defined risk categories as follows: IRP high risk sites are
those with a relative risk site evaluation (RRSE) risk level of "high"
and MMRP high risk sites are those with a risk assessment code (RAC) of
1 or 2.
[C] The actual number of high risk MMRP sites are incomplete after FY
2006 since DOD is transitioning to the Munitions Response Site
Prioritization Protocol (MRSPP) scoring system.
[End of table]
Table 24 shows the total inventory of Base Realignment and Closure
(BRAC) sites and number ranked high risk in the IRP and the MMRP by
military component, for FY 2004 through 2008.
Table 24: Inventory for BRAC Sites, FY 2004 through 2008:
Number of sites:
Program category: IRP[A];
FY: 2004; Military component: Army: 1,891;
Military component: Navy: 1,063;
Military component: Air Force: 1,714;
Military component: Defense Logistics Agency: 164;
Total: 4,832.
FY: 2005;
Military component: Army: 1,893;
Military component: Navy: 1,094;
Military component: Air Force: 1,714;
Military component: Defense Logistics Agency: 164;
Total: 4,865.
FY: 2006;
Military component: Army: 1,967;
Military component: Navy: 1,124;
Military component: Air Force: 1,755;
Military component: Defense Logistics Agency: 164;
Total: 5,010.
FY: 2007;
Military component: Army: 1,976;
Military component: Navy: 1,129;
Military component: Air Force: 1,809;
Military component: Defense Logistics Agency: 164;
Total: 5,078.
FY: 2008;
Military component: Army: 1,999;
Military component: Navy: 1,130;
Military component: Air Force: 1,809;
Military component: Defense Logistics Agency: 164;
Total: 5,102.
Program category: MMRP;
FY: 2004;
Military component: Army: 173;
Military component: Navy: 19;
Military component: Air Force: 126;
Military component: Defense Logistics Agency: 0;
Total: 318.
FY: 2005;
Military component: Army: 173;
Military component: Navy: 19;
Military component: Air Force: 126;
Military component: Defense Logistics Agency: 0;
Total: 318.
FY: 2006;
Military component: Army: 217;
Military component: Navy: 30;
Military component: Air Force: 126;
Military component: Defense Logistics Agency: 0;
Total: 373.
FY: 2007;
Military component: Army: 178;
Military component: Navy: 32;
Military component: Air Force: 127;
Military component: Defense Logistics Agency: 0;
Total: 337.
FY: 2008;
Military component: Army: 184;
Military component: Navy: 32;
Military component: Air Force: 127;
Military component: Defense Logistics Agency: 0;
Total: 343.
Program category: Total sites;
FY: 2004;
Military component: Army: 2,064;
Military component: Navy: 1,082;
Military component: Air Force: 1,840;
Military component: Defense Logistics Agency: 164;
Total: 5,150.
FY: 2005;
Military component: Army: 2,066;
Military component: Navy: 1,113;
Military component: Air Force: 1,840;
Military component: Defense Logistics Agency: 164;
Total: 5,183.
FY: 2006;
Military component: Army: 2,184;
Military component: Navy: 1,154;
Military component: Air Force: 1,881;
Military component: Defense Logistics Agency: 164;
Total: 5,383.
FY: 2007;
Military component: Army: 2,154;
Military component: Navy: 1,161;
Military component: Air Force: 1,936;
Military component: Defense Logistics Agency: 164;
Total: 5,415.
FY: 2008;
Military component: Army: 2,183;
Military component: Navy: 1,162;
Military component: Air Force: 1,936;
Military component: Defense Logistics Agency: 164;
Total: 5,445.
Program category: IRP high risk[B];
FY: 2004;
Military component: Army: 75;
Military component: Navy: 71;
Military component: Air Force: 125;
Military component: Defense Logistics Agency: 4;
Total: 275.
FY: 2005;
Military component: Army: 59;
Military component: Navy: 62;
Military component: Air Force: 115;
Military component: Defense Logistics Agency: 3;
Total: 239.
FY: 2006;
Military component: Army: 71;
Military component: Navy: 67;
Military component: Air Force: 111;
Military component: Defense Logistics Agency: 2;
Total: 251.
FY: 2007;
Military component: Army: 65;
Military component: Navy: 69;
Military component: Air Force: 116;
Military component: Defense Logistics Agency: 2;
Total: 252.
FY: 2008;
Military component: Army: 67;
Military component: Navy: 62;
Military component: Air Force: 103;
Military component: Defense Logistics Agency: 2;
Total: 234.
Program category: MMRP high risk[B,C];
FY: 2004;
Military component: Army: 34;
Military component: Navy: 0;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 34.
FY: 2005;
Military component: Army: 33;
Military component: Navy: 0;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 33.
FY: 2006;
Military component: Army: 50;
Military component: Navy: 0;
Military component: Air Force: 0;
Military component: Defense Logistics Agency: 0;
Total: 50.
FY: 2007;
Military component: Army: [Empty];
Military component: Navy:[Empty];
Military component: Air Force: [Empty];
Military component: Defense Logistics Agency: [Empty];
Total: [Empty].
FY: 2008;
Military component: Army: [Empty];
Military component: Navy: [Empty];
Military component: Air Force: [Empty];
Military component: Defense Logistics Agency: [Empty]
Total: [Empty].
Program category: Total high risk sites[C];
FY: 2004;
Military component: Army: 109;
Military component: Navy: 71;
Military component: Air Force: 125;
Military component: Defense Logistics Agency: 4;
Total: 309.
FY: 2005;
Military component: Army: 92;
Military component: Navy: 62;
Military component: Air Force: 115;
Military component: Defense Logistics Agency: 3;
Total: 272.
FY: 2006;
Military component: Army: 121;
Military component: Navy: 67;
Military component: Air Force: 111;
Military component: Defense Logistics Agency: 2;
Total: 301.
FY: 2007;
Military component: Army: [Empty];
Military component: Navy: [Empty];
Military component: Air Force: [Empty];
Military component: Defense Logistics Agency: [Empty];
Total: [Empty].
FY: 008;
Military component: Army: [Empty];
Military component: Navy:[Empty];
Military component: Air Force:[Empty];
Military component: Defense Logistics Agency: [Empty];
Total: [Empty].
Source: DOD data.
[A] IRP numbers include BD/DR Program sites.
[B] We defined risk categories as follows: IRP high risk sites are
those with a relative risk site evaluation (RRSE) risk level of "high"
and MMRP high risk sites are those with a risk assessment code of 1 or
2.
[C] The actual number of high risk MMRP sites are incomplete after FY
2006 because DOD is transitioning to the MRSPP scoring system.
[End of table]
Table 25 shows the total inventory of formerly used defense sites
(FUDS) and number ranked high risk in the IRP and MMRP for FY 2004
through 2008.
Table 25: Inventory for FUDS, FY 2004 through 2008:
Number of sites:
Program category: IRP[A];
FY: 2004;
Total: 3,098.
FY: 2005;
Total: 3,010.
FY: 2006;
Total: 3,021.
FY: 2007;
Total: 3,034.
FY: 2008;
Total: 3,044.
Program category: MMRP;
FY: 2004;
Total: 1,773.
FY: 2005;
Total: 1,658.
FY: 2006;
Total: 1,633.
FY: 2007;
Total: 1,650.
FY: 2008;
Total: 1,661.
Program category: Total sites;
FY: 2004;
Total: 4,871.
FY: 2005;
Total: 4,668.
FY: 2006;
Total: 4,654.
FY: 2007;
Total: 4,684.
FY: 2008;
Total: 4,705.
Program category: IRP high risk[B];
FY: 2004;
Total: 235.
FY: 2005;
Total: 222.
FY: 2006;
Total: 217.
FY: 2007;
Total: 213.
FY: 2008;
Total: 200.
Program category: MMRP high risk[B,C];
FY: 2004;
Total: 189.
FY: 2005;
Total: 199.
FY: 2006;
Total: 191.
FY: 2007;
Total: [Empty].
FY: 2008;
Total: [Empty]
Program category: Total high risk sites[C];
FY: 2004;
Total: 424.
FY: 2005;
Total: 421.
FY: 2006;
Total: 408.
FY: 2007;
Total: [Empty].
FY: 2008;
Total: [Empty].
Source: DOD data.
[A] IRP numbers include BD/DR Program sites.
[B] We defined risk categories as follows: IRP high risk sites are
those with a relative risk site evaluation risk level of "high" and
MMRP high risk sites are those with a risk assessment code of 1 or 2.
[C] The actual number of high risk MMRP sites is not provided after FY
2006 because DOD is transitioning to the MRSPP scoring system.
[End of table]
[End of section]
Appendix VIII: Formerly Used Defense Sites Program Costs Details:
Table 26 shows all of the line item costs for the formerly used defense
sites (FUDS) program for fiscal year (FY) 2004 through 2008. It
includes expenses for the Installation Restoration Program (IRP), the
Military Munitions Response Program (MMRP), Building Demolition/Debris
Removal (BD/DR) Program, and all program management costs (including
direct and indirect costs).
Table 26: Total FUDS Program Obligations by Cost Component, FY 2004
through 2008:
Dollars in millions:
IRP[A];
FY 2004: $156.861;
FY 2005: $126.718;
FY 2006: $118.873;
FY 2007: $116.522;
FY 2008: $129.805.
MMRP;
FY 2004: $82.806;
FY 2005: $94.199;
FY 2006: $91.482;
FY 2007: $102.858;
FY 2008: $115.545.
Direct Program Management: Management;
FY 2004: $31.252;
FY 2005: $25.837;
FY 2006: $20.746;
FY 2007: $26.161;
FY 2008: $25.812.
Indirect Program Management and Support: Agency for Toxic Substances
and Disease Registry;
FY 2004: $0.265;
FY 2005: $0.288;
FY 2006: $0.088;
FY 2007: $0.057;
FY 2008: 0.000.
Indirect Program Management and Support: Defense State Memorandum of
Agreements (DSMOA);
FY 2004: v7.636;
FY 2005: $5.375;
FY 2006: $6.000;
FY 2007: $8.216;
FY 2008: $10.696.
Indirect Program Management and Support: Fines[B];
FY 2004: 0.000;
FY 2005: 0.000;
FY 2006: 0.000;
FY 2007: 0.000;
FY 2008: 0.000.
Indirect Program Management and Support: Restoration Advisory Boards;
FY 2004: $0.800;
FY 2005: $0.755;
FY 2006: $0.651;
FY 2007: $0.514;
FY 2008: $0.783.
Indirect Program Management and Support: Technical Assistance for
Public Participation;
FY 2004: $0.060;
FY 2005: $0.050;
FY 2006: $0.050;
FY 2007: $0.025;
FY 2008: $0.053.
Indirect Program Management and Support: Preliminary Assessments and
Inventory Project Reports;
FY 2004: $4.527;
FY 2005: $6.431;
FY 2006: $8.646;
FY 2007: $7.334;
FY 2008: $4.019.
Indirect Program Management and Support: Other[C];
FY 2004: $0.000;
FY 2005: $6.020;
FY 2006: $7.302;
FY 2007: $1.086;
FY 2008: $0.000.
Total program management and support costs;
FY 2004: $44.540;
FY 2005: $44.756;
FY 2006: $43.483;
FY 2007: $43.393;
FY 2008: $41.363.
Total[D];
FY 2004: $284.207;
FY 2005: $265.673;
FY 2006: $253.838;
FY 2007: $262.773;
FY 2008: $286.713.
Source: DOD data.
Notes: The table details each cost component in the FUDS program.
Management, Agency for Toxic Substances and Disease Registry, Defense
State Memorandum of Agreements, Fines, Restoration Advisory Boards,
Technical Assistance for Public Participation, Preliminary Assessments
and Inventory Project Reports, and Other are all subcomponents of the
total program management and support costs. Direct program management
costs include the management line. Indirect program management costs
include all others: Agency for Toxic Substances and Disease Registry,
Defense State Memorandum of Agreements, Fines, Restoration Advisory
Boards, Technical Assistance for Public Participation, Preliminary
Assessments and Inventory Project Reports, and Other.
[A] BD/DR obligations are included.
[B] Fines can be assessed against DOD by any state regulatory agency or
the Environmental Protection Agency. However, no fines have been
assessed for the past five fiscal years.
[C] 'Other' includes items such as innovative technology costs, MRSPP
Quality Assurance panel costs, FUDS Information Improvement Plan
support, Engineering Regulation update costs, MMRP guidance costs, Cost
To Complete process support costs, Remedial Action Cost Engineering and
Requirements application, and training support.
[D] Totals may not add due to rounding.
[End of table]
Table 26 shows the percentage of the total FUDS budget that is
accounted for by each line item for FY 2004 through 2008. The
subcomponents of the overall Program Management and Support budget are
separately calculated as a percentage of total FUDS budget and the
overall Program Management and Support budget is also calculated as a
percentage of the total FUDS budget.
Table 26: FUDS Program Cost Components as a Percentage of Total FUDS
Obligations, FY 2004 through 2008:
IRP[A];
FY 2004: 55.2%;
FY 2005: 47.7%;
FY 2006: 46.8%;
FY 2007: 44.3%;
FY 2008: 45.3%.
MMRP;
FY 2004: 29.1%;
FY 2005: 35.5%;
FY 2006: 36.0%;
FY 2007: 39.1%;
FY 2008: 40.3%.
Agency for Toxic Substances and Disease Registry;
FY 2004: 0.1%;
FY 2005: 0.1%;
FY 2006: 0.0;
FY 2007: 0.0;
FY 2008: 0.0.
Defense State Memorandum of Agreements (DSMOA);
FY 2004: 2.7%;
FY 2005: 2.0%;
FY 2006: 2.4%;
FY 2007: 3.1%;
FY 2008: 3.7%.
Fines[B];
FY 2004: 0.0;
FY 2005: 0.0;
FY 2006: 0.0;
FY 2007: 0.0;
FY 2008: 0.0.
Management;
FY 2004: 11.0%;
FY 2005: 9.7%;
FY 2006: 8.2%;
FY 2007: 10.0%;
FY 2008: 9.0%.
Restoration Advisory Boards;
FY 2004: 0.3%;
FY 2005: 0.3%;
FY 2006: 0.3%;
FY 2007: 0.2%;
FY 2008: 0.3%.
Technical Assistance for Public Participation;
FY 2004: 0.0;
FY 2005: 0.0;
FY 2006: 0.0;
FY 2007: 0.0;
FY 2008: 0.0.
Preliminary Assessments and Inventory Project Reports;
FY 2004: 1.6%;
FY 2005: 2.4%;
FY 2006: 3.4%;
FY 2007: 2.8%;
FY 2008: 1.4%.
Other[C];
FY 2004: 0.0%;
FY 2005: 2.3%;
FY 2006: 2.9%;
FY 2007: 0.4%;
FY 2008: 0.0%.
Total program management and support costs;
FY 2004: 15.7%;
FY 2005: 16.8%;
FY 2006: 17.1%;
FY 2007: 16.5%;
FY 2008: 14.4%.
Source: GAO analysis of DOD data.
Notes: The table details each cost component in the FUDS program.
Agency for Toxic Substances and Disease Registry, Defense State
Memorandum of Agreements, Fines, Management, Restoration Advisory
Boards, Technical Assistance for Public Participation, Preliminary
Assessments and Inventory Project Reports, and Other are all
subcomponents of the total program management and support costs. Direct
program management costs include the management line. Indirect program
management costs include all others: Agency for Toxic Substances and
Disease Registry, Defense State Memorandum of Agreements, Fines,
Restoration Advisory Boards, Technical Assistance for Public
Participation, Preliminary Assessments and Inventory Project Reports,
and Other.
[A] BD/DR obligations are included.
[B] Fines can be assessed against DOD by any state regulatory agency or
the Environmental Protection Agency. However, no fines have been
assessed for the past five fiscal years.
[C] 'Other' includes items such as innovative technology costs,
Munitions Response Site Prioritization Protocol Quality Assurance panel
costs, FUDS Information Improvement Plan support, Engineering
Regulation update costs, Military Munitions Response Program guidance
costs, Cost To Complete process support costs, Remedial Action Cost
Engineering and Requirements application, and training support.
[End of table]
[End of section]
Appendix IX: Comments from the Department of Defense:
Office Of The Under Secretary Of Defense:
Acquisition, Technology And Logistics:
3000 Defense Pentagon:
Washington, DC 20301-3000:
October 19, 2009:
Mr. John B. Stephenson:
Director, Natural Resources and Environment:
U.S. Government Accountability Office:
441 G Street, N.W.
Washington, D.C. 20548:
Dear Mr. Stephenson:
This is the Department of Defense (DoD) response to the GAO draft
report, GAO-10-46, "Formerly Used Defense Sites: The Corps of Engineers
Needs to Improve Its Process for Reviewing Completed Cleanup Remedies
to Ensure Continued Protection," dated September 9, 2009 (GAO Code
360993). Detailed comments on the report recommendations are enclosed.
The Department partially agrees with GAO's first recommendation, that
the Secretary of Defense direct the U.S. Army Corps of Engineers
(Corps) to conduct 5-year reviews for sites where emerging contaminants
are present. The DoD shall conduct 5-year reviews at Formerly Used
Defense Sites (FUDS) where required by the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA). Emerging
contaminants that meet the CERCLA definition of a hazardous substance
will be considered during those reviews as appropriate.
The Department agrees with GAO's second recommendation, that the
Secretary of Defense direct the Corps to modify its formerly used
defense sites (FUDS) program information management system to allow
districts to more easily plan, track, and complete 5-year reviews. The
Army has initiated actions to modify the FUDS information management
system to address the recommendation.
The Department agrees with GAO's third recommendation, that the
Secretary of Defense direct the Corps to determine why districts have
not always completed timely 5-year reviews and provided all 5-year
review reports to the Center of Expertise for comment, consistent with
Corps guidelines, and also to develop procedures and controls to
address these causes.
The Department will ensure that the Corps conducts a review of the FUDS
5-year reviews including management, tracking, and record keeping
procedures.
Sincerely,
Signed by:
Dorothy Robyn:
Deputy Under Secretary of Defense (Installations and Environment):
Enclosure: As stated:
GAO Draft Report Dated September 9, 2009:
GAO-10-46 (GAO Code 360993):
"Formerly Used Defense Sites: The Corps of Engineers Needs to Improve
Its Process for Reviewing Completed Cleanup Remedies to Ensure
Continued Protection"
Department Of Defense Comments To The GAO RECOMMENDATIONS:
RECOMMENDATION 1: The GAO recommends that the Secretary of Defense
direct the U.S. Army Corps of Engineers (Corps) to conduct 5-year
reviews for sites where emerging contaminants are present and the
cleanup will eventually allow unlimited site use and unrestricted
exposure, but will require more than 5 years to complete, consistent
with Environment protection Agency (EPA's) guidance that such reviews
are appropriate, even if not required. (p. 39/GAO Draft Report)
DOD Response: Partially agree. The Department shall ensure that the
Corps conducts 5-year reviews at Formerly Used Defense Sites (FUDS)
where required by the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA). Emerging contaminants that
meet the CERCLA definition of a hazardous substance will be considered
during those reviews as appropriate.
Recommendation 2: The GAO recommends that the Secretary of Defense
direct the Corps to modify its formerly used defense sites (FUDS)
program information management system to allow districts to more easily
track information on 5-year reviews, and take steps to ensure that the
districts utilize this system to plan for 5-year reviews and track
progress on completing them. (p. 39/GAO Draft Report)
DOD Response: Agree: The Army has initiated actions to modify the FUDS
information management system to address the recommendation. The
Department will ensure that the modifications will allow districts to
more easily track information on 5-year reviews, plan for 5-year
reviews, and track progress on completing the reviews.
Recommendation 3: The GAO recommends that the Secretary of Defense
direct the Corps to determine why districts have not always completed
timely 5-year reviews and provided all 5-year review reports to the
Center of Expertise for comment-consistent with Corps guidelines-and
develop procedures and controls to address these causes. (p. 39/GAO
Draft Report)
DOD Response: Agree: The Department will ensure that the Corps conducts
a review of the FUDS 5-year reviews including management, tracking, and
record keeping procedures.
[End of section]
Appendix X: GAO Contact and Staff Acknowledgments:
GAO Contact:
John B. Stephenson, (202) 512-3841 or stephensonj@gao.gov:
Staff Acknowledgments:
In addition to the individual named above, Vincent P. Price, Assistant
Director; Krista Anderson; Melissa Hermes; and John Smith made key
contributions to this report. Mark Braza, Antoinette Capaccio, Pamela
Davidson, Arthur James, Jr., and Allison O'Neill also made important
contributions.
[End of section]
Footnotes:
[1] DOD notes that this jurisdiction extends to governmental entities
that are the legal predecessors of DOD or the components--Army, Navy
and Marine Corps, Air Force, and Defense Logistics Agency.
[2] The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 requires that reviews be conducted not less than
every 5 years after the start of remedial action when the chosen remedy
results in any hazardous substances, pollutants, or contaminants
remaining at the property. The Environmental Protection Agency has
interpreted this statutory language to mean that a 5-year review is
required to assess the continuing protectiveness of a remedy when a
property has not been cleaned up to a level that allows for unlimited
use and unrestricted exposure.
[3] This definition was developed in consultation with Environmental
Protection Agency and the Environmental Council of the States--the
national nonprofit, nonpartisan association of state and territorial
environmental agency leaders.
[4] To enable DOD to close unneeded bases and realign others, the
Congress enacted legislation that instituted five separate BRAC rounds
in 1988, 1991, 1993, 1995, and 2005. Independent commissions
established for each BRAC round made specific recommendations to the
Senate and House Committees on Armed Services for the 1988 round and,
thereafter, to the President, who in turn, sent the Commissions'
recommendations and his approval to the Congress.
[5] Section 120 of CERCLA makes the law applicable to federal
government entities to the same extent it is applicable to
nongovernmental entities, and establishes procedures governing the
identification, assessment, evaluation, and cleanup of releases at
federal facilities.
[6] The DERP establishes five separate environmental restoration
accounts which receive separate appropriations: one for Defense-wide
purposes, and one each for Army, Navy, Air Force, and FUDS. DOD notes
that the FUDS account is managed by DOD, with the Army serving as
Executive Agent.
[7] Munitions constituents are defined as any materials originating
from unexploded ordnance, discarded military munitions, or other
military munitions, including explosive and nonexplosive materials, and
emission, degradation, or breakdown elements of such ordnance or
munitions. 10 U.S.C. § 2710(e)(3) (2006).
[8] In the BD/DR program, the Corps reviews documentation of the
condition of the buildings and evidence of DOD debris at the time of
disposal or transfer from DOD jurisdiction. According to DOD, unsafe
and hazardous conditions resulting from subsequent owners' neglect or
lack of maintenance are not eligible to be addressed under the FUDS
program.
[9] A "hazardous substance" is defined by CERCLA as a substance that is
listed as such under CERCLA, in addition to substances designated as
hazardous under the Clean Water Act, hazardous waste as defined by the
Resource Conservation and Recovery Act, hazardous pollutants designated
under the Clean Air Act, and substances that are deemed imminent
hazards under the Toxic Substances Control Act.
[10] Cleanups must meet standards that are legally applicable or
relevant and appropriate (ARAR). ARARs include standards promulgated
under any federal environmental law, in addition to standards
promulgated under certain state laws or regulations that are more
stringent than federal law and are identified to the entity conducting
the cleanup in a timely manner.
[11] Engineering Regulation 200-3-1, May 10, 2004.
[12] As of October 8, 2008, 28 FUDS were listed on the National
Priorities List.
[13] The NCP contains procedures and standards for implementing CERCLA
40 C.F.R. pt. 300 (2009).
[14] GAO, Environmental Contamination: Corps Needs to Reassess Its
Determinations That Many Former Defense Sites Do Not Need Cleanup,
[hyperlink, http://www.gao.gov/products/GAO-02-658] (Washington, D.C.:
Aug. 23, 2002).
[15] Toxicity information includes, for example, the oral reference
dose for noncancer health effects, which estimates the daily exposure
to a chemical that is likely to be without an appreciable risk of
deleterious effects during a person's lifetime.
[16] GAO, Chemical Assessments: Low Productivity and New Interagency
Review Process Limit the Usefulness and Credibility of EPA's Integrated
Risk Information System, [hyperlink,
http://www.gao.gov/products/GAO-08-440] (Washington, D.C.: Mar. 7,
2008).
[17] ECOS-DOD Sustainability Work Group, Emerging Contaminants Task
Group, Identification and Selection of Toxicity Values/Criteria for
CERCLA and Hazardous Waste Site Risk Assessments in the Absence of IRIS
Values (Washington, D.C., April 2007).
[18] DOD Instruction Number 4715.18, June 11, 2009.
[19] EPA and Corps guidance define acceptable risks as an excess
upperbound lifetime cancer risk of 10-4 to 10-6, or for noncancer
health risks, a hazard index below 1.
[20] The Corps' FUDS program policy does not specify what the 5-year
review reports are to include; instead, it refers the districts
generally to EPA's Comprehensive Five-Year Review Guidance (2001) and
the Corps' Engineer Pamphlet on Recurring Reviews of Ordnance and
Explosives (OE) Response Actions (2003) for military munitions response
actions. These two guidance documents specify recommended procedures
for developing and implementing 5-year reviews.
[21] As previously noted, EPA and Corps guidance define acceptable
risks as an excess upperbound lifetime cancer risk of 10-4 to 10-6, or
for noncancer health risks, a hazard index below 1.
[22] 42 U.S.C. § 9601(14), (33) (2006).
[23] DOD notes that petroleum contamination may be addressed by other
applicable requirements, such as state requirements.
[24] EPA guidance provides that 5-year reviews which are required by
statute occur no less often than 5 years after the initiation of the
remedial action. Where no review is required but is instead
recommended, EPA provides that the reviews occur no less often than 5
years after construction of the remedy is complete. Corps guidance
specific to MMRP sites does not distinguish between required and policy
reviews and provides, as EPA guidance does, that reviews occur no less
often than 5 years after the initiation of the response action.
[25] We evaluated the timeliness of 5-year review reports for IRP
sites, all of which were required by statute, using a due date of 5
years from the initiation of the remedial action. Reports on the MMRP
sites did not indicate whether or not reviews were required. However,
the reports were late regardless of whether the due date was calculated
from the initiation or the completion of the response action. For one
MMRP site, we relied on the trigger date listed in the 5-year review
report because we were unable to identify the date of remedial or
removal action.
[26] We were unable to evaluate whether the Corps correctly identified
the trigger dates for initial MMRP 5-year reviews because in four of
the five 5-year review reports we examined for MMRP sites, the Corps
did not identify the trigger dates.
[27] Based on EPA and Corps guidance, we evaluated the timeliness of
subsequent 5-year review reports for IRP and MMRP sites using a due
date of 5 years from the signature date of previous reports.
[28] The John Warner National Defense Authorization Act for Fiscal Year
2007 directed the Secretary of Defense to set a goal of completing site
inspections by September 30, 2010, for unexploded ordnance, discarded
military munitions, and munitions constituents sites at all active
installations (other than operational ranges) and FUDS.
[29] The 5-year review report for one MMRP site predates the Corps'
requirement for review by the Center of Expertise. However, the Center
of Expertise participated in conducting the 5-year review for this
site.
[30] The districts in another division did not submit two of their 5-
year review reports for MMRP sites to the Center of Expertise; however,
at these FUDS, the Center of Expertise had participated in conducting
the 5-year reviews.
[31] Lead is also a hazardous substance under CERCLA.
[32] More specifically, the Corps re-examined all munitions sites that
had been designated as "No DOD Action Indicated" on the basis of a Risk
Assessment Code score of 5 in response to revised DOD guidance. The
Corps designates a FUDS in this manner if: (1) the property or project
is not eligible for consideration under the FUDS program, (2) the
property or project is categorically excluded from the FUDS program, or
(3) the hazards found were not the result of DOD actions on or before
October 17 1986, pose no threat to human health or safety or the
environment, and no additional environmental restoration activities are
required.
[33] DOD Financial Management Regulation 7000.14-R, October 2008.
[34] The most recent set of such goals is established by the John
Warner National Defense Authorization Act for Fiscal Year 2007, Pub. L.
No. 109-364 § 313, 120 Stat. 2083, 2138 (2006).
[35] The Corps achieved this goal by the end of FY 2008.
[36] Baseline refers to the number of MMRP sites originally identified
in 2004 and is the number on which the performance goals are based. The
Corps achieved this goal by the end of FY 2008.
[37] All dollar amounts in this section reflect installation project
funding allocated to individual sites for cleanup under the IRP, MMRP,
and BD/DR programs, and do not include program management and other
support costs.
[38] In analyzing data from FUDSMIS, we used the Corps' risk categories
as follows: (1) high-risk sites are those with a Relative Risk Site
Evaluation risk level of high or Risk Assessment Code score of 1 or 2;
(2) medium-risk sites are those with a Relative Risk Site Evaluation
level of medium or Risk Assessment Code score of 3; and (3) low-risk
sites are those with a Relative Risk Site Evaluation level of low or
Risk Assessment Code score of 4. We did not include containerized waste
or building demolition and debris removal sites in these risk
categories because the Corps has already achieved response complete
status at a majority of these sites and does not include them in its
high, medium, and low risk categories.
[39] The methods are tools to prioritize sites for cleanup--they do not
represent comprehensive assessments of a site's potential risks to
human health and the environment.
[40] Naturally occurring contaminants are not included if they are
detected within established background concentration ranges.
[41] If a numerical priority level is inappropriate, a site may be
assigned an alternative rating of Evaluation Pending (sufficient
information is not available to complete any of the three modules), No
Longer Required (no longer requires prioritization because all
necessary munitions responses have been completed), or No Known or
Suspected Hazard (physical or historical evidence affirms that there
are no known or suspected hazards associated with unexploded ordnance,
discarded military munitions, or munitions constituents).
[42] According to DOD officials, FUDS with a Risk Assessment Code score
and a response already under way will not be assigned a numerical MRSPP
score. In addition, DOD officials told us that the Corps is in the
process of applying the MRSPP scores to FUDS but because the scores
have not been reviewed by the quality assurance panel, they have not
been reported outside of DOD, as of the end of FY 2008.
[43] FUDS data analyzed, as of the end of FY 2008.
[44] DOD FMR 7000.14-R, Volume 2B, Chapter 13, October 2008.
[45] Midpeninsula Regional Open Space District is an independent,
nonprofit California state government entity established to preserve
regional open space lands in a natural condition for public enjoyment.
Funding is provided through property taxes, federal and state grants,
interest and rental income, donations, and note issues.
[46] Engineering Regulation 200-3-1, May 10, 2004, paragraph 3-2.6.2.
[47] DOD officials told us that the Corps is in the process of applying
the Munitions Response Site Prioritization Protocol (MRSPP) scores to
FUDS, but as of the end of FY 2008, no FUDS had been assigned a final
MRSPP score. Therefore, we used the most recently assigned Risk
Assessment Code scores in our analysis of the prioritization of
Military Munitions Response Program (MMRP) sites at FUDS. GAO is
currently assessing how military components and the Corps use MRSPP
scores to prioritize and fund military munitions sites for cleanup and
we expect to complete this review in 2010.
[48] The RRSE is a tool used across DOD to evaluate the relative risk
posed by a site in relation to other sites. The Corps uses the RRSE to
prioritize FUDS with HTRW into three categories--high, medium, or low
relative risk--based on the nature and extent of the site's
contamination, the likelihood that contaminants will migrate, and
potential impacts on populations and ecosystems.
[49] DOD's watch list identifies chemicals for which there is a
potential for a regulatory change to impact DOD, and its action list is
for chemicals for which there is significant potential for regulatory
change to impact DOD.
[50] Policy on DOD Required Actions Related to Perchlorate.
[51] Health Advisories serve as informal technical guidance to assist
Federal, State, and local officials and managers of public or community
water systems in protecting public health when emergency spills or
contamination situations occur. They are not legally enforceable
Federal standards and are subject to change as new information becomes
available.
[52] Massachusetts has also established cleanup standards for
perchlorate in soil and groundwater, including groundwater that is not
a current or potential drinking water source.
[53] DOD provided perchlorate data for sampling conducted (1) prior to
June 2006, and (2) June 2006 to April 2008. Data collected prior to
June 2006 were available only in summary form. Detailed data by
environmental media were available for June 2006 to April 2008.
[54] This includes two FUDS properties where DOD has attributed
perchlorate contamination to subsequent private tenants and a nearby
fireworks manufacturing operation.
[55] DOD data for 2 of the 13 FUDS properties where perchlorate was
detected did not include the concentrations detected. One of these is
the property where DOD has attributed perchlorate contamination to
nearby fireworks manufacturing. At the other property, DOD data
indicated that perchlorate was detected above the analysis method's
detection limit, but below the minimum reporting limit--the minimum
value for which the analysis laboratory can provide detection results
with reasonable certainty. For this property, DOD provided no numerical
values for the sampling results, method detection limits, or reporting
limits.
[56] These include the following FUDS properties: the Shumaker Naval
Ammunition Depot in Arkansas, where DOD has attributed perchlorate
contamination to subsequent private tenants; Spring Valley in
Washington, D.C.; the Former Macon Naval Ordnance Plant in Georgia; the
Sioux Army Depot in Nebraska; and the Boardman Air Force Range in
Oregon.
[57] According to DOD, the groundwater at these two properties is not
currently used for drinking water.
[58] As of July 1, 2009, final analysis reports were available for
samples collected up to January 6, 2009.
[59] These data are based on the sampling information the Corps used in
assigning risk levels to HTRW sites through its Relative Risk Site
Evaluation process. For the reasons outlined in Appendix III, these
data do not necessarily represent all FUDS where TCE may have been
detected.
[End of section]
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