2

Current Policy, Funding, Organization, and Management Practices

INTRODUCTION

This chapter describes current federal policies, funding programs, and relevant government offices, particularly within the Department of Defense (DOD), that deal with recovered chemical warfare materiel (RCWM) and provides a short review of the management practices that have evolved under the RCWM program. The policy discussion addresses the legislative history of the program along with relevant DOD policy and procedural direction to the DOD components involved. The special nature of the program for RCWM has led to a multilayered DOD bureaucracy to plan, program, budget, and execute the program. With the exception of the Army offices that are specifically focused on safe storage and demilitarization of the remaining chemical weapons stockpile and dealing with non-stockpile remediation activities, the overall organizational construct for the RCWM program within DOD follows the existing mission and functions of the relevant DOD offices. This overlay of requirements for dealing with RCWM on top of the existing DOD organization has led to a set of complex management practices, which are summarized in this chapter.

Whereas this chapter focuses on describing the current policies, funding organizations, and processes for the RCWM program, Chapter 7 will examine the results, future needs, and shortcomings of the current programmatic design. That analysis concludes with comprehensive, forward-looking committee guidance on these aspects of the program for RCWM.

POLICY DEVELOPMENT

Historical and Organizational Overview (First World War-2007)

From the beginnings of the U.S. chemical warfare program during the First World War, the destruction and disposal of obsolete or unserviceable chemical warfare agents and munitions was accomplished by open pit burning, land burial, or ocean dumping, and large quantities of U.S. and foreign chemical agents and munitions were destroyed by these methods. In the late 1960s the use of these methods was discontinued owing to health, safety, and environmental concerns, and chemical neutralization and incineration became the preferred alternatives. During the 1970s the United States destroyed several thousand tons of nerve and mustard agents and munitions and expanded its research and development program for the destruction of chemical agents and munitions.

The United States is a signatory of the Chemical Weapons Convention (CWC), an international treaty under the auspices of the United Nations. The requisite number of signatory nations for the CWC to enter into force was reached on April 29, 1997. The national policy of the United States, even before April 29, 1997, and certainly after that date, has been and remains to eliminate the entire U.S. stockpile of chemical weapons as well as, upon recovery, all categories of non-stockpile chemical weapons and materiel.

Before the treaty, the United States had begun a preliminary process of eliminating its declared stockpile of chemical weapons, referred to as the chemical stockpile disposal program (CSDP). The United States had also begun to eliminate classes of nondeclared materiel related to chemical agents and chemical weapons; these became characterized as non-stockpile chemical material (NSCM).

Because of the huge quantity of unitary assembled chemical weapons and the containerized storage of large quantities of chemical agents at the eight storage sites in the continental United States and Johnston Island in the Pacific Ocean southwest of Hawaii, the program manager for chemical demilitarization focused on the demilitarization of the stored weapons stockpile.

The effort for non-stockpile chemical materials focused to a significant extent on that category of non-stockpile items and materiel that were definable and could be counted in much the same sense that the stockpiled weapons could



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2 Current Policy, Funding, Organization, and Management Practices INTRODUCTION and munitions was accomplished by open pit burning, land burial, or ocean dumping, and large quantities of U.S. and This chapter describes current federal policies, funding foreign chemical agents and munitions were destroyed by programs, and relevant government offices, particularly these methods. In the late 1960s the use of these methods within the Department of Defense (DOD), that deal with was discontinued owing to health, safety, and environmen- recovered chemical warfare materiel (RCWM) and pro - tal concerns, and chemical neutralization and incineration vides a short review of the management practices that have became the preferred alternatives. During the 1970s the evolved under the RCWM program. The policy discussion United States destroyed several thousand tons of nerve and addresses the legislative history of the program along with mustard agents and munitions and expanded its research and relevant DOD policy and procedural direction to the DOD development program for the destruction of chemical agents components involved. The special nature of the program and munitions. for RCWM has led to a multilayered DOD bureaucracy to The United States is a signatory of the Chemical Weap- plan, program, budget, and execute the program. With the ons Convention (CWC), an international treaty under the exception of the Army offices that are specifically focused on auspices of the United Nations. The requisite number of sig- safe storage and demilitarization of the remaining chemical natory nations for the CWC to enter into force was reached weapons stockpile and dealing with non-stockpile remedia- on April 29, 1997. The national policy of the United States, tion activities, the overall organizational construct for the even before April 29, 1997, and certainly after that date, has RCWM program within DOD follows the existing mission been and remains to eliminate the entire U.S. stockpile of and functions of the relevant DOD offices. This overlay of chemical weapons as well as, upon recovery, all categories requirements for dealing with RCWM on top of the existing of non-stockpile chemical weapons and materiel. DOD organization has led to a set of complex management Before the treaty, the United States had begun a prelimi- practices, which are summarized in this chapter. nary process of eliminating its declared stockpile of chemical Whereas this chapter focuses on describing the cur- weapons, referred to as the chemical stockpile disposal pro- rent policies, funding organizations, and processes for the gram (CSDP). The United States had also begun to eliminate RCWM program, Chapter 7 will examine the results, future classes of nondeclared materiel related to chemical agents needs, and shortcomings of the current programmatic design. and chemical weapons; these became characterized as non- That analysis concludes with comprehensive, forward- stockpile chemical material (NSCM). looking committee guidance on these aspects of the program Because of the huge quantity of unitary assembled chemi- for RCWM. cal weapons and the containerized storage of large quantities of chemical agents at the eight storage sites in the continen- POLICY DEVELOPMENT tal United States and Johnston Island in the Pacific Ocean southwest of Hawaii, the program manager for chemical Historical and Organizational Overview demilitarization focused on the demilitarization of the stored (First World War-2007) weapons stockpile. The effort for non-stockpile chemical materials focused From the beginnings of the U.S. chemical warfare pro- to a significant extent on that category of non-stockpile gram during the First World War, the destruction and dis- items and materiel that were definable and could be counted posal of obsolete or unserviceable chemical warfare agents in much the same sense that the stockpiled weapons could 18

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19 CURRENT POLICY, FUNDING, ORGANIZATION, AND MANAGEMENT PRACTICES FIGURE 2-1 Current organization for policy, oversight, and funding for RCWM. ASD(NCB), Assistant Secretary of Defense (Nuclear, Chemical, and Biological Defense); USD(AT&L), Under Secretary of Defense for for policy.eps FIGURE 2-1 Current organization Acquisition, Technology and Logistics; DUSD(I&E), BITMAP Deputy Under Secretary of Defense for Installations and Environment; ASA(ALT), Assistant Secretary of the Army for Acquisition, Logistics and Technology; ASA(IE&E), Assistant Secretary of the Army (Installations, Energy and Environment); DASA(ECW), Deputy Assistant Secretary of the Army for Elimination of Chemical Weapons; DASA(ESOH), Deputy Assistant Secretary of the Army (Environment, Safety and Occupational Health); AMC, U.S. Army Materiel Command; FORSCOM, Forces Command (U.S. Army); ACSIM/IMCOM, Assistant Chief of Staff, Installation Management/Installation Management Command (U.S. Army); CMA, Chemical Materials Agency; NSCMP, Non-Stockpile Chemical Materiel Project; CARA, Chemical Biological Radiological Nuclear (enhanced) Analysis and Remediation Activity; USACE, United States Army Corps of Engineers; AEC, U.S. Army Environmental Command. SOURCE: Prepared by the committee based on presentations received and research of official public information sources. be defined and counted. There are five defined categories of The first three non-stockpile categories were clearly non-stockpile chemical warfare materiel (NSCWM) (U.S. addressed by the Army’s overall programs for chemical Army, 2004c): demilitarization. As of July 2011, the first three categories had been taken care of.1 The remaining two categories are (1) Binary chemical weapons; the subject of this study. (2) Former production facilities for chemical weapons Figure 2-1 is a high-level chart depicting the organiza- and related items; tions involved with policy, funding, and oversight. It is (3) Miscellaneous chemical weapons materiel, such as intended to frame the discussion and help the reader follow unfilled munitions and support equipment, for direct the titles, acronyms, and chain of command of the various use with chemical weapons; offices involved in the program for RCWM. Further details (4) Recovered chemical warfare materiel (RCWM)— are provided in the sections that follow. A second summary buried chemical agent identification sets (CAIS), chart is provided later in this chapter to highlight the organi- chemical weapons, and chemical warfare materiel— zations that are currently most involved in the execution (i.e., that were never stored in the stockpile and are found implementation) of the program for RCWM. during activities such as range clearing; and (5) Buried chemical weapons that were disposed of until 1Laurence G. Gottschalk, PMNSCM, “Non-Stockpile Chemical Mate - the late 1960s, when open pit burning, land burial, riel Project Program Status and Update,” presentation to the committee on and ocean dumping were ended. September 27, 2011.

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20 REMEDIATION OF BURIED CHEMICAL WARFARE MATERIEL Chronology and Context of Directives and Instructions tion of non-stockpile chemical warfare munitions, agents, and by-products.” Numerous instructions and directives have been issued In 1992, The National Defense Authorization Act in the course of addressing the problem of elimination of (NDAA), 1993 (P.L.102-484),5 required the Secretary of non-stockpile chemical items. This has caused the diffuse the Army to submit a report to Congress on the Army’s plans assignment of missions and mission accountability through- for destroying all chemical warfare material of the United out the Army. It is instructive to review the chronology of States not covered by Section 1412 of the NDAA 1986 (50 these numerous instructions as they relate to the elimination U.S.C. 1521) but that would be required to be destroyed if of non-stockpile chemical materiel. the United States became a party to the CWC. In 1984, Congress established the Defense Environmental In November 1992 the United Nations General Assembly Restoration Program (DERP).2 It and the Superfund Reau- approved the CWC, which would prohibit the production and thorization Act of 19863 required the Secretary of Defense to use of chemical weapons and establish conditions for the implement the DERP. The Secretary of Defense designated destruction of all stockpiled chemical agents and weapons, DUSD(I&E) as the DOD planning, policy, and oversight former chemical weapons production facilities, and miscel- agency. DERP was silent on chemical munitions. DERP laneous chemical warfare materiel. The CWC (to which activities, in general, were somewhat uneven until base the United States became a signatory) entered into force in realignment and closure (BRAC) activities began in the late April 1997. 1980s and cleanup of formerly used defense sites (FUDS) In compliance with P.L. 102-484, the Army created the became a crucial component. As DERP efforts intensified, Non-Stockpile Chemical Materiel Project (NSCMP) to the Army designated DASA(ESOH) as the lead staff agency. develop systems to safely assess, treat, and destroy chemical In November 1985, with passage of Public Law 99-145, warfare materiel that was not part of the declared stockpile. It Congress required that the U.S. stockpile of lethal chemical also established the Chemical Material Destruction Agency agents and unitary chemical munitions be destroyed. DOD to consolidate responsibility for destruction of chemical designated the Army as executive agent (EA). materials into a single office and delegated the EA responsi- The Army published its Regulation AR 200-1 (U.S. Army, bility to the ASA(ILE), which exercised this responsibility 2007a) on April 23, 1990. This prescribed the roles and for elimination of stockpile and non-stockpile chemical responsibilities for DERP in great detail. However, it did not weapons and chemical weapons materiel until 1995. include procedures for non-stockpile or stockpile chemical In December 1994, USD(A&T)6 redesignated the entire weapons and materiel. It referred to AR 50-6, “Chemical chemical demilitarization program as an Acquisition Cat- Surety” (U.S. Army, 2008a); AR 385-10, “The Army Safety egory I (ACAT I) program that would report to the Army Program” (U.S. Army, 2007c); and DA Pamphlet 50-6 Acquisition Executive, who was also the Assistant Secretary “Chemical Accident or Incident Response and Assistance of the Army for Research, Development and Acquisition (CAIRA) Operations” (U.S. Army, 2003a), the regulations [ASA(RDA)]. ACAT I programs, by law and DOD directive, that specify the requirements, policies, and procedures for required progress milestone reviews by the Defense Acquisi- chemical warfare agents. tion Board (DAB), chaired by the USD(A&T). On October 9, 1990, the House Defense Appropriations An experienced Chemical Corps general officer was Committee in its House Report 101-822 expressed its belief selected as program manager for chemical demilitarization that the fragmentation of responsibility within the Execu- (PMCD). This gave the chemical demilitarization efforts the tive Branch for the destruction of chemical weapons and same status as the program executive offices for other major by-products “may cause duplication of effort, inefficiency, Army programs. The PMCD was directly responsible for undue costs, and compromises to safety and the environ- management of the stockpile program; in addition, within ment.” The committee directed the Secretary of Defense to the chemical demilitarization program office, a product 7 organize an overall program “so that operational responsibil- manager for non-stockpile was established, reporting to the ity for all Defense Department chemical warfare destruction PMCD. Technology and systems engineering expertise was activities rests within a single office which shall be fully provided to the PMCD by the Chemical Materials Agency accountable for total program execution.”4 On March 13, (CMA) within the Army Materiel Command (AMC). 1991, the Deputy Secretary of Defense issued a directive that On February 21, 1997, AR 200-1 was updated in its designated the Secretary of the Army as the EA for chemical entirety, ostensibly because the intensity of BRAC activi- demilitarization activities for DOD, including “demilitariza- 2Title 10 U.S. Code 2701 and 2810. DERP was established by Section 5H.R.5006. National Defense Authorization Act for Fiscal Year 1993, 211 of the Superfund Amendments and Reauthorization Act (SARA) of Public Law 102-484, Section 161, paragraph (d), Destruction of Non-stock- 1986. pile Chemical Material, U.S. House of Representatives, October 23, 1992. 3Available at http://epw.senate.gov/sara.pdf. Accessed April 10, 2012. 6USD(A&T) was subsequently renamed the Under Secretary of Defense 4House Report 101-822, Report of the Committee on Appropriations to for Acquisition, Technology and Logistics [USD(AT&L)]. 7The name of this position was subsequently changed to “project” accompany H.R. 5803, Department of Defense Appropriations Bill, 1991, Title VI, p. 239, U.S. House of Representatives, October 9, 1990. manager.

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21 CURRENT POLICY, FUNDING, ORGANIZATION, AND MANAGEMENT PRACTICES ties increased pressure for environmental cleanup of FUDS. Material)” (DOD, 2007). The details of the Army’s RCWM The updated version again focused in great detail on DERP. Implementation Plan, 2007, and its implications for the Only a general statement about the disposal of RCWM was RCWM program will be discussed in Chapter 7. included; it referred to Army Regulations AR 50-6 and AR AR 50-6 was revised in its entirety as of July 28, 2008. 385-61 and to DA Pamphlet 50-6 on policy or procedures The major responsibilities delineated in this regulation can for the NSCMP. be summarized as follows: The CWC came into force after the 67th nation ratified it • on April 29, 1997. The treaty requires reporting and destruc- Among other things, ASA(IE&E) is the principal tion of both unitary stockpiled chemical weapons as well as Army secretariat for all Department of the Army non-stockpile chemical items. From 1997 through 2007, the matters relating to recovered chemical materiel. • chemical demilitarization program continued as an ACAT I A SA(ALT) is responsible for chemical agent program reporting to the Army Acquisition Executive, who demilitarization. • had been redesignated the Assistant Secretary of the Army All Army commands and Army service component for Acquisition, Logistics and Technology, ASA(ALT). commands were required to maintain a chemical DOD oversight and milestone reviews were still conducted surety program and designate a chemical surety by DAB. officer. • In September 2003, the DOD Inspector General (DOD- AMC is required to maintain a force to respond to IG) submitted a report recommending that the environmen- chemical accidents or incidents at a chemical facility tal offices of the DOD components identify, schedule, and or during the transport of chemical agents. • fund the disposal of buried CWM from active installations The Army Forces Command will provide technical and from base realignment and closure installations (DOD, escort for the Chemical Surety Program by means of 2003, 2010). the 20th Support Command. • In May 2005, USD(AT&L) approved the transfer of For chemical accidents or incident response and r esponsibilities for oversight and policy guidance for assistance (CAIRA) on Army installations, the Army the recovery and destruction of buried CWM from the regulations require that the garrison commander ASD(NCB) to the DUSD (I&E) (see Figure 2-1). In that work with the garrison chemical surety director to same action memorandum, USD(AT&L) directed the Sec- establish a reporting and response plan. • retary of the Army, in coordination with DUSD(I&E), to AR 50-6 is not clear on procedures and responsibili- develop an implementation plan for the recovery and destruc- ties for the overall management of activities required tion of buried CWM at active installations and FUDS subject upon discovery of a suspected chemical material. to DERP. In a memorandum to the Secretary, USD(AT&L) said the plan would be “one of several factors to be consid- FUNDING ered in support of a decision by the Secretary of Defense on whether to designate the Secretary of the Army as EA for Congress authorizes programs and appropriates funding recovery and destruction of buried chemical warfare mate- for the express purpose of implementing those programs. In rial in the U.S.” At a minimum, the plan was to address the most cases, a program’s funding must be expended solely for following: activities within that program (i.e., it may not be commingled with funding allocated to any other program for other pur- (1) Requirements for consolidation of associated poses). In the case of the RCWM program, remediation resources into a single Army office; activities directly related to chemical munitions and materiel (2) Program scope; are funded separately under Chemical Agents and Munitions (3. Characterization, destruction, and cleanup of residual Destruction, Defense (CAMD,D) (see Figure 2-2). This is contamination; but one of three major funding programs that frequently (4) Plans for declaring uncovered chemical weapons and/ come into play during some aspects or phases of an overall or chemical weapons-related material in accordance remediation effort. Congressional restrictions on the use of with the CWC; each of these funding programs require the Executive Branch (5) Available resources; (primarily DOD) to carefully coordinate and account for the (6) Funding requirements over the Future Years Defense use of these funds. At many sites, RCWM is buried along Program; and with conventional munitions, and this can make proper (7) Life cycle cost requirements. (DOD, 2005) accounting for the activities and funding in each case costly and complex. An additional foreseeable complication for On September 20, 2007, the Secretary of the Army operations involving RCWM is that because the CAMD,D responded to the USD(AT&L) tasking in “Recovered Chemi- funding program was established primarily to destroy stock- cal Warfare Material (RCWM) Program Implementation piled chemical weapons, once the stockpiled weapons have Plan (Recovery and Destruction of Buried Chemical Warfare been completely destroyed and the stockpile destruction sites

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22 REMEDIATION OF BURIED CHEMICAL WARFARE MATERIEL TYPE USES FLOW TYPE USES FLOW SITE DERP CONGRESS RCWM CAMD,D REMEDIATION CONGRESS NON-STOCKPILE (except operational AND DOD ranges) STOCKPILE [USD(I&E)] DOD [ASD(NCB)] NOT CWM ARMY [ASA(IE&E)] ARMY [ASA(ALT)] ACSIM CMA FUDS IRP/MMRP BRAC NON- USACE IMCOM STOCKPILE STOCKPILE AEC RCWM FIGURE 2-3 Current funding, DERP. USD(I&E), Under Secretary FIGURE 2-2 Current funding, CAMD,D. of Defense for Installations and Environment; IRP, Installation Restoration Program. FIGURE 2-3 Current funding, DERP.eps FIGURE 2-2 Current funding, CAMD,D.eps remediated (anticipated circa 2023), CAMD,D funding is has not been determined. See Chapter 7 for a discussion on expected to expire, leaving future funding for the RCWM future funding options. problematic. The three funding programs that may come into play at Defense Environmental Restoration Program (DERP) RCWM sites are described next. As mentioned in the policy section above, DERP was established by Congress in 1984 to clean up wastes on active Chemical Agent and Munitions Destruction, Defense and formerly used DOD installations (except for active train- (CAMD,D) ing ranges). DERP is a very broad program encompassing As noted in the section on policy above, Congress funding for early site investigation and characterization and continuing through remediation10 (see Figure 2-3). required the destruction of chemical weapons in 1985 under P.L. 99-145. DOD requests funding under the CAMD,D There are three major line items within DERP: account as part of its annual budget. The CAMD,D appro- • priation includes requirements for the Chemical Stock- Installation Restoration Program (IRP). This funds pile Elimination (CSE) project, the Chemical Stockpile cleanup of wastes at active DOD installations. The Emergency Preparedness Project (CSEPP), the Assembled Military Munitions Response Program (MMRP), Chemical Weapons Alternatives (ACWA) program, as well established in 2002, applies to cleaning up unex- as the NSCMP, which funds RCWM destruction. The FY ploded ordnance (UXO), discarded military muni- 2013 CAMD,D budget request is $1.3 billion (compared tions (DMM), and munitions constituents that may be present on military facilities.11 to $1.5 billion in both FY 2011 and FY 2012), of which • approximately $132 million is requested for operations FUDS. Funding for FUDS is used to clean up wastes and maintenance, research, development, test, and evalua- on properties that were formerly owned, leased by, tion (RDT&E), and procurement for NSCMP.8 The actual or otherwise possessed by DOD and are now the assessment and destruction of RCWM is done through property of other parties. According to a fact sheet CAMD,D funding. CAMD,D funding for the CSE and prepared by the USACE, there are more than 9,900 CSEPP will continue to decline because destruction of the potential FUDS properties and cleanup is planned stockpile is 90 percent complete. Funding for destruction or ongoing at more than 3,000 of the properties that of the remaining 10 percent from the ACWA program will have been evaluated. A single FUDS may consist of continue until destruction is complete and the plants have multiple cleanup sites. While new FUDS cleanup been deconstructed. The NSCMP is currently funded through 2017 and funding is expected to continue for the duration of 10RCWM remediation applies to the assessment, treatment, and waste the ACWA project.9 Funding for the program beyond 2017 disposal of RCWM munitions and resulting contamination. 11Military munitions include all ammunition products and components produced for or used by the armed forces for national defense and security. 8 From Chemical Agents and Munitions Destruction, Defense FY The term refers to chemical and riot control agents, smokes, and incen - 2013 President’s Budget Estimate. Available at: http://asafm.army.mil/ diaries, including bulk explosives and chemical warfare agents, chemical Documents/OfficeDocuments/Budget/BudgetMaterials/FY13//camdd.pdf. munitions, and rockets. Discarded military munitions are military munitions Accessed April 16, 2012. that have been abandoned without proper disposal or removed from storage 9Ibid. in a military magazine or other storage area for the purpose of disposal.

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23 CURRENT POLICY, FUNDING, ORGANIZATION, AND MANAGEMENT PRACTICES projects are initiated every year, as of 2007, more TYPE USES FLOW than 4,600 sites at FUDS properties were undergoing OPERATIONAL O&M CONGRESS cleanup.12 RANGES (BASEOPS) • (NOT CWM) BRAC. The transfer of DOD property being closed DOD [USD(I&E)] NON-STOCKPILE under the various BRAC sites authorized by Con- ARMY gress is funded separately from other DOD activities. [ASA(IE&E)] Many closing DOD properties require cleanup prior to transfer to another owner. BRAC funds applied ACSIM to those cleanup requirements are not used for the remediation of RCWM on operational ranges, which IMCOM AMC use CAMD,D funding instead. AEC INST CDR Note the statement in paragraph 5.3, Program Manage- ment Manual for Military Munitions Response Program Note: RCWM must use CAMD,D (U.S. Army, 2009c): FIGURE 2-4 Current funding, O&M.eps FIGURE 2-4 Current funding, O&M. INST CDR, installation Funds appropriated to the ER,A (Environmental Response commander. [read: Restoration], Army) account can be used to conduct identification, investigation, removal actions, remedial ac- tions, or a combination of removal and remedial actions whenever RCWM is discovered until the appropriately to address UXO, DMM, and or MRRP when the location funded personnel can become involved, the resultant dis- qualifies as a defense site or the munition at a non-defense ruption on work sites drives up costs for assessment and site came from a defense site or migrated to the non-defense remediation of RCWM as well as for remediation of conven- site from a defense site. tional munitions on the same site. Since CAMD,D, DERP, and O&M funds are programmed by different organizations Note, however, that DERP funds are commonly used and funding for RCWM requirements is typically lower than for cleanup of DOD waste and conventional munitions at for the other requirements, the funding program managers RCWM sites but only for site characterization and remedia- must adjust their respective budgets for these unanticipated tion up to the point at which they are identified as RCWM impacts. Chapter 7 contains detailed analysis, findings, and munitions. Once an RCWM is discovered, the common recommendations for the RCWM funding structure. practice is that CAMD,D funding is used for the processing and remediation of the RCWM. ORGANIZATION Operations and Maintenance (O&M) This section outlines the government organizations that play a significant role in planning, programming, budget- O&M is a significant ($250-$300 billion per year) DOD ing, and executing the RCWM program. The main players program that funds a very wide spectrum of DOD require- are offices at various levels of the Department of Defense ments, including recruitment, training, day-to-day upkeep (DOD). The information presented in this section is drawn, of installations, fuels, industrial operations, war fighting for the most part, from presentations to the committee made requirements, etc. (see Figure 2-4). O&M funding is allo- by representatives of the respective offices. The role played cated to each of the Services for their requirements. For by government contractors in the RCWM program is very example, the Army allocation can normally be identified as significant, particularly in the planning, design, and construc- OMA, the Navy allocation as OMN, and so on. In the context tion of government equipment and remediation of munitions of RCWM, O&M funding is used for the operations and disposal sites. As these contractors are contracted to perform maintenance of active training ranges for the military, includ- specific scopes of work under the supervision of the govern- ing environmental restoration of the active ranges. As with ment, this chapter does not distinguish between the tasks DERP, O&M funding is not used to remediate RCWM on performed by government offices and employees or those operational ranges. Rather, CAMD,D funding is employed. done by the contractors they hire to assist them. DOD (and the Army as the RCWM EA) must carefully Figure 2-5 provides a high-level summary of the offices adhere to congressional direction on the use of the various most involved with implementing the RCWM program. Sev- appropriations above. In practice, since work must stop eral of these offices are also involved in the policy, funding, and oversight of the program, which was described earlier. 12U.S. Army Corps of Engineers fact sheet. “Formerly Used Defense Sites Program.” Available at https://environment.usace.army.mil/downlo- addbfile.cfm?file_id=C98708FB-188B-313F-1B2BBF5FFBB85FA1. Last accessed June 4, 2012.

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24 REMEDIATION OF BURIED CHEMICAL WARFARE MATERIEL FIGURE 2-5 Current organization for execution for RCWM. ECBC, Edgewood Chemical Biological Center; RDECOM, Research, De - velopment, and Engineering Command. FIGURE 2-5 Current organization for execution for RCWM.eps BITMAP • Supervising DOD acquisition, Department of Defense • Establishing acquisition policies for DOD, The DOD organization relevant to RCWM is illustrated in • Establishing policies for logistics, maintenance, and Figure 2-5. DOD is a large and complex organization with a sustainment support for DOD, and rigid structure that leads to specialization of the many offices. • Establishing DOD policies for maintenance of the This size and specialization requires DOD offices to possess defense industrial base. a sophisticated set of management practices and coordination skills in order to execute the RCWM program and the many The four organizations that are highlighted in Figure 2-6 other programs covered later in this chapter. are the primary organizations under the OSD that bear upon the RCWM program and function through the following: Office of the Secretary of Defense Assistant Secretary of Defense for Nuclear, Chemical, and The Office of the Secretary of Defense (OSD) is the Biological Defense Programs. As the principal advisor to highest staff organizational level in DOD. OSD is led by the the Secretary and Deputy Secretary of Defense and the Secretary of Defense and has many supporting lower level USD(AT&L) on nuclear energy, nuclear weapons, and offices. The top positions are led by political appointees or chemical and biological defense, the ASD(NCB) provides civilian members of the Senior Executive Service (SES). program, policy, and budget guidance for the U.S. program for destruction of the U.S. chemical weapons stockpile and Under Secretary of Defense (Acquisition, Technology and of non-stockpile chemical materiel and makes recommenda- Logistics). The office of the USD(AT&L), shown in Figure tions on the safety, surety, security, and safe destruction of 2-6, is responsible for the policies for many operational staff the chemical weapons stockpile and non-stockpile chemical functions within DOD. The Under Secretary reports directly weapons and materiel. This includes the program for destruc- to the Secretary of Defense and the Deputy Secretary of tion of non-stockpile chemical materiel that is managed Defense. USD(AT&L) responsibilities include these:13 and executed under the supervision of the Secretary of the Army (DOD, 2011). Oversight, coordination and integra- tion for this mission are executed on a day-to-day basis by 13Available at http://www.acq.osd.mil/. Accessed February 13, 2011.

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UNDER SECRETARY OF DEFENSE (ACQUISITION, TECHNOLOGY AND LOGISTICS) _______________________________________________________ PRINICIPAL DEPUTY DASD, DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIRECTOR DIR. DEFENSE EXEC DIR. MANUFACTUR- DEFENSE HUMAN INTERNATIONAL ACQUISITION SPECIAL SMALL BUSINESS ADMINISTRATION PROCUREMENT DEFENSE ING & PRICING CAPITAL COOPERATION RESOURCES & PROGRAMS PROGRAMS & ACQUISITION SCIENCE INDUSTRIAL INITIATIVES ANALYSIS POLICY BOARD BASE POLICY ASSISTANT SEC. OF ASSISTANT SEC. OF ASSISTANT SEC. OF DEPUTY UNDER SEC. OF ASSISTANT SEC. OF ASSISTANT SEC. OF DEFENSE DIRECTOR DEFENSE DEFENSE DEFENSE DEFENSE DEFENSE NUCLEAR, CHEMICAL & MISSILE DEFENSE RESEARCH & (LOGISTICS & (INSTALLATIONS & OPERATIONAL ENERGY (ACQUISTION) BIOLOGICAL DEFENSE AGENCY MATERIEL READINESS) ENGINEERING ENVIRONMENT) PLANS & PROGRAMS PROGRAMS DASD, DIRECTOR PDASD ADUSD, INSTALLATIONS PDASD STRATEGIC & PDASD (NCB) PDASD (R&E) TEST RESOURCE L & MR & ENVIRONMENT OEP&P TACTICAL SYSTEMS MANAGEMENT CNTR. DASD DASI, SPACE & DASD, TREATIES & DIRECTOR DASD RESEARCH TRANSPORTATION INTELLIGENCE THREAT REDUCTION BASING POLICY DIR. BUSINESS DIR. PERFORMANCE DASD DASD, MATERIEL ENTERPRISE DASD, NUCLEAR ASSESSMENTS & ROOT SYSTEMS READINESS INTEGRATION MATTERS CAUSE ANALYSES ENGINEERING (Acting) DIRECTOR HOUSING & DASD, CHEMICAL & COMPETITIVE SOURCING PRESIDENT DEFENSE BIOLOGICAL DEFENSE DASD, MAINTENANCE ACQUISITION & CHEMICAL DASD, RAPID FIELDING POLICY & PROG. UNIVERSITY DEMILITARIZATION DIRECTOR PRGMS ENVIRONMENTAL MANAGEMENT DIR. DEFENSE DIRECTOR DASD, CONTRACT DASD, PROGRAM DEFENSE THREAT DEVELOPMENTAL MANAGEMENT SUPPORT DIRECTOR REDUCTION AGENCY TEST & EVALUATION AGENCY ENVIRONMENTAL READINESS & SAFETY DIR. DEFENSE ADVANCED DAS, SUPPLY CHAIN RESEARCH PROJECTS INTEGRATION DIR. FACILITY AGENCY INVESTMENT & MANAGEMENT ADMIN. DEFENSE DIRECTOR TECH. DEFENSE LOGISTICS DIRECTOR INFO. CENTER AGENCY FACILITIES ENERGY FIGURE 2-6 Organizational chart for USD(AT&L).FIGUREAdapted by the committee from material USDA(AT&L).epsMorefield, Manager, Defense Environmental Restora - SOURCE: 2-6 Organizational chart for provided by Deborah A. 25 tion Program, Environmental Management, Office of the Deputy Under Secretary for Installations and Environment, Department of Defense, November 1, 2011. LANDSCAPE

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26 REMEDIATION OF BURIED CHEMICAL WARFARE MATERIEL Assistant Secretary of the Army (Acquisition, Logistics and the Deputy Assistant Secretary of Defense for Treaties and Technology) Threat Reduction (see first highlight under ASD[NCB] in Figure 2-6). ASA(ALT) is the political appointee reporting to the Office of the Secretary of the Army. He or she is the Army Deputy Under Secretary of Defense (Installations and Envi- Acquisition Executive, Senior Procurement Executive, Sci- ronment). The mission of the Office of the DUSD(I&E) is to ence Advisor to the Secretary, and the senior research and provide management and oversight of military installations development official for the U.S. Army. 14 ASA(ALT) is worldwide and manage environmental, safety, and occupa- also responsible for all policy matters related to U.S. Army tional health programs for the DOD. DUSD(I&E) has staff logistics. For the chemical demilitarization program, the responsibility for the Defense Environmental Restoration Secretary assigned both stockpile and non-stockpile leader- Program and funding. The Director of Environmental Man- ship to ASA(ALT). The chemical weapons responsibilities agement, highlighted under DUSD (I&E) in Figure 2-6, has within ASA(ALT) are discharged by the Deputy Assistant the immediate responsibility within DUSD(I&E) for the Secretary of the Army for Elimination of Chemical Weap- RCWM program. ons (DASA(ECW)). The Secretary has since decided to Not shown in Figure 2-6 but also under the DUSD(I&E), delegate non-stockpile (such as RCWM) responsibilities to the DOD Explosives Safety Board (DDESB) administers ASA(IE&E), a counterpart to this office. the explosives safety program for DOD and ensures that chemical agent operations are performed safely. DDESB is Assistant Secretary of the Army (Installations, Energy and responsible for resolving issues that arise between explosives Environment) safety and environmental standards. It also oversees the implementation of safety standards at all munitions response ASA(IE&E) provides strategic direction for Army instal- sites with the goal of ensuring safe handling, storage, and lations and facilities in all matters related to infrastructure, disposal of munitions and explosives of concern (MEC). The energy, and the environment, to support global missions in Services involved in cleanups at munitions response sites are a cost-effective, safe and sustainable manner.15 The policy required to submit to DDESB for its review and approval and oversight of the RCWM program has been assigned to Explosive Safety Site Submissions and, where CWM are the office of DASA(ESOH). This office has served as an known or anticipated, Chemical Safety Submissions for all integrator of the Army with the other military service offices cleanup operations. Within the component Services, appli- involved in the execution of the RCWM program. cations must first be approved by the respective Service safety organization. DDESB regulations are articulated in Chief of Staff of the Army DOD 6055.9M (DOD Ammunition and Explosives Safety Standards). The Chief of Staff of the Army (CSA) is the most senior uniformed officer serving in the Department of the Army, Office of the Secretary of the Army the principal military advisor to the Secretary of the Army, and a member of the Joint Chiefs of Staff. A four-star gen- The Office of the Secretary of the Army is the civilian-led eral responsible for the recruitment, training, readiness, policy organization responsible for leading the U.S. Army. and sustainment capabilities of the U.S. Army, the CSA It has a very broad mission encompassing all peacetime and leads a large, diverse, multilayered staff organization that is wartime responsibilities for the U.S. Army. As part of this responsible for the planning, programming, budgeting, and mission the office has significant environmental responsi- execution (PPBES) of missions assigned to the U.S. Army bilities stretching through all levels of the U.S. Army. Note by the Congress. that assistant secretaries of the Army have similar civilian and military organizational structures. The Office of the Assistant Chief of Staff (Installation Management). ACSIM Secretary of the Army has been assigned as DOD EA for is an Army staff organization led by a three-star general and the stockpile and non-stockpile (RCWM) chemical weapons is responsible for the planning, programming, budgeting, remediation programs and has redelegated these to other and executing Army resources required to build, operate, and parts of the Office of the Secretary of the Army organization. maintain the Army’s installations and facilities. A significant A high-level depiction of the Army organizations that play part of this charge is to serve as the leader of the Army’s envi- a role in the Army’s total environmental responsibilities (a ronmental stewardship role. ACSIM plays an important role small piece of which is RCWM) is provided in Figure 2-7. in the RCWM program since the requirements and budgets The tiers depicted in Figure 2-7 for the Army environmen- of this program are rolled up to the ACSIM and defended by tal organizational structure are distinguished by the roles of policy, delivery, or execution. The policy roles are shared by offices in the Pentagon as principal Secretariat or Army 14Available at http://www.army.mil/asaiee. Accessed February 15, 2012. staff offices. 15Ibid.

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27 CURRENT POLICY, FUNDING, ORGANIZATION, AND MANAGEMENT PRACTICES FIGURE 2-7 Army environmental organizational structure. SMDC(ASCC), Space and Missile Defense Command (Army Service Component Command); DRU, Direct Reporting Unit; USAR, U.S. Army Reserve; NGB/ARNG, National Guard Bureau/Army National Guard; ACOM, U.S. Army Command; MEDCOM, U.S. Army Medical Command; Evn CoP, Environmental Community of Practice; EM CX, Environmental and Munitions Center of Expertise; Army Geo Ctr, Army Geospatial Center; ERDC, Engineering Research and Development Center; Env Lab, Environmental Laboratory. SOURCE: Bryan Frey, Headquarters, Department of the Army, Office of the Assistant Chief of Staff for Installation Management, Installation Services Directorate, Environmental Division, presentation to the committee on January 18, 2012. Installation Management Command this office. The organization, roles, and responsibilities of the ACSIM are depicted in Figure 2-8. The U.S. Army Installation Management Command RCWM funding is managed by the cleanup branch of the (IMCOM) is a field operating agency of ACSIM.17 The Army Environmental Division of the Installation Services three-star general who leads ACSIM is also the IMCOM Directorate. The functions of the Army Environmental Divi- Commander. IMCOM “supports the United States Army’s sion for the RCWM program are these:16 warfighting mission by providing standardized, effective & efficient services, facilities and infrastructure to Soldiers, • Provide environmental policy guidance, execution Civilians and Families for an Army and Nation engaged (allocation of funds) authority, and overall program in persistent conflict.” IMCOM is headquartered in San management for resourcing under DERP. Antonio, Texas, on Fort Sam Houston. Its headquarters relo- • Coordinate and integrate the efforts of the Army cated in October 2010 from Arlington, Virginia, as part of the program execution managers. Base Realignment and Closure Act of 2005.18 • Participate as a member of the RCWM Integrated IMCOM directly manages the Army’s 180-plus installa- Product Team. tions throughout the world. AMC still manages its 21 instal- • Defend RCWM program funding requirements to the lations, depots, arsenals, ammunition plants, RD&E centers OSD. and laboratories and other such installations, although a pilot study is under way to measure the effectiveness of trans- ferring them to IMCOM. The IMCOM functions on each 16Bryan M. Frey, Headquarters, Department of the Army, Office of the 17Available at http://www.imcom.army.mil/hq/kd/cache/files/69B948B6- Assistant Chief of Staff for Installation Management, Installation Services 423D-452D-4636808C49A57094.pdf. Accessed February 14, 2012. Directorate, Environmental Division, presentation to the committee, Janu - 18Available at http://www.imcom.army.mil/hq/about/commander/. Ac- ary 18, 2012. cessed February 22, 2012.

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28 REMEDIATION OF BURIED CHEMICAL WARFARE MATERIEL Congressional Affairs Strategic Initiatives Group Contact Office ACSIM Management Support Division Staff Action Control Office DACSIM Information and Operations Installation Services Resources Technology • Enterprise • Army Housing • Program Integration • Army Reserve Integration (ITI) Division (ISH) (RDI) Division (ODR) • Strategy and Policy • Army Environmental • Requirements • BRAC (ODB) (ITP) Division (ISE) Modeling (RDR) • Construction (ODC) • Logistics (ISL) • Financial • Facilities Policy Management (RDF) • Public/Private (ODF) Initiatives (ISP) • Plans (ODP) • Soldier and Family • Operations (ODO) Readiness (ISS) FIGURE 2-8 Office of the Assistant Chief of Staff for Installation Management. DACSIM, Deputy Assistant Chief of Staff for Installation Management. SOURCE: Bryan Frey, Headquarters, Department of theof Staff for Installation Management.eps Manage - FIGURE 2-8 Office of the Assistant Chief Army, Office of the Assistant Chief of Staff for Installation ment, Installation Services Directorate, Environmental Division, presentation to the committee on January 18, 2012. U.S. Army Forces Command installation are performed by a garrison staff. A map of the Army’s installations is provided in Figure 2-9. FORSCOM is one of three Army major commands Environmental management is a key function of the (MACOMs). Its mission statement is as follows: garrison staffs at each Army installation. With respect to the RCWM program for both IMCOM and AMC installa- FORSCOM prepares conventional forces to provide a sus- tions, the installation commander (i.e., the highest ranking tained flow of trained and ready land power to Combatant military mission leader) and the garrison commander would Commanders in defense of the Nation at home and abroad.”20 be charged with the management of planned or unplanned RCWM remediation at active installations and BRAC sites. FORSCOM is headquartered at Ft. Bragg, North Carolina. Its RCWM responsibilities are exercised by an element of its subcommand, 20th Support Command. Army Environmental Command The Army Environmental Command (USAEC) is the 20th Support Command (Chemical, Biological, Radiological, component within the IMCOM staff responsible for devel- Nuclear and High-Yield Explosives) oping environmental requirements (including those for RCWM) and executing the budgeted projects as directed The 20th Support Command (CBRNE) was activated on by ACSIM. The USAEC organization and RCWM roles are October 16, 2004, by FORSCOM to provide specialized provided in Figure 2-10. CBRNE response in support of military operations and civil In the non-stockpile RCWM program, Army Environ- authorities. Subordinate elements include the 48th Chemi- mental Center (AEC) develops requirements and plans cal Brigade, the 52d Ordnance Group [Explosive Ordnance and executes the DERP (IR and MR) and the Compliance Disposal (EOD)], the 71st Ordnance Group (EOD), and the Cleanup (CC) Program. Program activities may be funded CBRNE Analytical and Remediation Activity (CARA), all by the Environmental Restoration, Army (ER,A) or OMA under a single operational headquarters at the Edgewood accounts. AEC is responsible for everything from initial Area of Aberdeen Proving Ground, Maryland. CBRNE investigations through the implementation of remedial operations detect, identify, assess, render safe, dismantle, actions for sites containing hazardous waste, traditional transfer, and dispose of unexploded ordnance, improvised munitions, and constituents in media. It is also responsible explosive devices and other CBRNE hazards. These opera- for the handling and disposal of items not considered CWM, such as riot control agents; chemical herbicides; smoke- and Environmental Command, and Tim Rodeffer, Cleanup and Munitions flame-producing items; soil, water, debris, or other media Response Division, “Operations of Recovered Chemical Warfare Material contaminated with chemical agent; and MEC.19 from Burial Sites,” presentation to the committee on December 12, 2011. 20Available at http://www.forscom.army.mil/. Accessed February 15, 19Jim Daniel, Chief, Cleanup and Munitions Response Division, Army 2012.

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29 CURRENT POLICY, FUNDING, ORGANIZATION, AND MANAGEMENT PRACTICES FIGURE 2-9 Map of U.S. Army Installation Management Command garrisons. Installations in green are managed by IMCOM headquarters. SOURCE: http://www.imcom.army.mil/hq/about/garrisons/. Accessed February 14, 2012. Command(IMCOM).eps FIGURE 2-9 Map of U.S. Army Installation Management BITMAP support of national efforts to combat weapons of mass tions also include decontaminating personnel and property in exposed to CBRN materials during response. destruction. It includes operations within the continental United States and outside of it.21 CARA asserts that it is the only organization within the DOD authorized to escort Chemical, Biological, Radiological, Nuclear and High Yield chemical surety material off a military installation (U.S. Explosives (CBRNE)/Analytical and Remediation Activity Army, 2008a). (CARA) According to CARA’s briefings to the committee, CARA CARA is an all-civilian unit of the 20th Support Com- has four sections: two remediation response sections, an mand established in 2007 (Jensen, 2008). CARA’s mission is to deploy and conduct operations in support of combat- ant commanders or other government agencies in order to 21LTC Charles A. Asowata, Acting Director, and Dalys Talley, Chief of counter CBRNE and threats of weapons of mass destruction Operations, CARA, “CBRNE Analytical and Remediation Activity Mis- sions,” presentation to the committee on September 28, 2011.

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30 REMEDIATION OF BURIED CHEMICAL WARFARE MATERIEL FIGURE 2-10 U.S. Army Environmental Command. PAO, Public Affairs Officer; CSM, Command Sergeant Major; XO, Executive Officer; GIS, Geographic Information Systems. SOURCE: Jim Daniel, Chief, Cleanup and Munitions Response Division, Army Environmental Com - mand, and Tim Rodeffer, Cleanup and Munitions Response Division, “Operations of Recovered Chemical Warfare Material from Burial FIGURE 2-10 U.S. Army Environmental Command.eps Sites,” presentation to the committee on December 12, 2011. BITMAP aviation section, and the mobile expeditionary laboratory In a typical operation in which military munitions are (MEL).22 found, CARA would conduct the emergency response if The remediation response sections (RRSs) (RRS East the munitions are determined to be chemical. If a munition at Aberdeen Proving Grounds, Maryland, and RRS West at is determined to have a liquid fill, CARA conducts a non- Pine Bluff Arsenal, Arkansas) conduct site characterization, intrusive assessment using portable isotopic neutron spec- assessment, demilitarization, and elimination of RCWM; troscopy (PINS) on board a mobile munitions assessment site remediation projects; emergency response to RCWM system (MMAS). CARA operates the MMAS on behalf of incidents; and technical escorts of chemical surety and the NSCMP. nonsurety material. They also support Army stockpile and non-stockpile operations. U.S. Army Materiel Command The aviation section transports chemical surety escort teams, RCWM emergency response teams, and the 20th The AMC is a second Army major command with respon- Support Command’s response teams. sibilities for the RCWM program. Its roles and responsibili- ties are as follows:23 The mission of the MEL is to conduct field confirmatory chemical, biological, and explosive analyses as well as near- The U.S. Army Materiel Command (AMC) is the primary real-time chemical air monitoring. The lab also operates the provider of materiel to the United States Army. The Com- tactical mobile expeditionary labs that bring the necessary mand’s mission includes the research & development of analytical capability to any location as soon as the need weapons systems as well as maintenance and parts distribu- becomes known. tion. AMC operates research and development engineering CARA performs remediation operations at FUD sites, centers; Army Research Laboratories; depots; arsenals; military installations, and BRAC sites in support of instal- ammunition plants; and other facilities, and maintains the lation commanders, other agencies, and USACE. CARA Army’s prepositioned stocks, both on land and afloat. The operates in the continental United States as well as abroad. command is also the Department of Defense EA for the 2 3 Available at http://www.amc.army.mil/amc/Fact%20sheets/HQA 22Ibid. MC2011.pdf. Last accessed February 15, 2012.

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31 CURRENT POLICY, FUNDING, ORGANIZATION, AND MANAGEMENT PRACTICES Non-Stockpile Chemical Materiel Project chemical weapons stockpile and for conventional ammuni- tion. AMC is responsible within the United States Depart- Background information on the NSCMP was presented in ment of Defense for the business of selling Army equipment Chapter 1. Organizationally, the NSCMP falls under CMA. and services to allies of the United States and negotiates and Its mission is to provide centralized management and direc- implements agreements for co-production of U.S. weapons tion to the U.S. Department of Defense for the disposal of systems by foreign nations. AMC is currently headquartered at Redstone Arsenal in Huntsville, Alabama, and is located non-stockpile chemical materiel in a safe, environmentally in approximately 149 locations worldwide, including more sound, cost-effective manner while ensuring compliance than 49 American States and 50 countries. AMC maintains with the CWC.27 At this time and for the foreseeable future, employment of upwards of 70,000 military and civilian the chemical agent identification sets (CAIS) and chemi- employees. cal weapons that are accidentally or deliberately recovered from bodies of water or burial sites constitute the primary Materiel Assessment Review Board non-stockpile chemical materiel requiring disposal. The organization chart and roles and responsibilities for NSCMP The Army’s Materiel Assessment Review Board (MARB) are shown in Figure 2-11.28 evaluates digital radiography and computed tomography (DRCT) and PINS data, photographs, and historical data Project Management. The NSCMP is responsible for project and recommends methods for disposing of the RCWM. The management for the assessment and disposal of all RCWM. MARB is made up of representatives from a dozen Army Activities include estimation of assessment and disposal organizations, including AMC’s RDECOM, Edgewood costs, disbursement of funding for assessment and disposal, Chemical Biological Center, CMA, PMNSCM, the 20th and preparation of project schedules. The NSCMP prepares Support Command; and CARA.24 The MARB usually con- the relevant documentation and obtains the approvals needed venes within two or three days of receiving assessment data. to commence and carry out operations. The documents After all the assessment data are reviewed, members vote to involved include the site plan, the site safety submission, recommend one of four ways to dispose of the suspect item: the destruction plan, and the environmental permits. If either If an item is found to contain chemical agent, the board may explosives or chemical agents, or both, are involved the site select either nonexplosive or explosive system demilitariza- safety submission must be approved by the Department of tion. If an item is found to be conventional, its disposition Defense Explosive Safety Board (DDESB). If a recovered is determined locally. If it is found to be unsafe, the MARB munition is to be destroyed, all information germane to that recommends immediate destruction.25 munition must be forwarded to the MARB, which conducts an assessment of that munition to determine its chemical U.S. Army Chemical Materials Agency fill and explosive configuration. The MARB’s assessment determines the conditions under which destruction of the The CMA is a subordinate agency of the Army Materiel munition is carried out. The NSCMP also has responsibil- Command focused on the destruction of the chemical muni- ity for satisfying the obligations of the CWC.29 (See the tions stockpile and non-stockpile agents and materiel. The “Treaty Requirements” section in Chapter 3.) The NSCMP mission of CMA is as follows: also works with USACE in public involvement and public relations efforts in communities near remediation projects, The U.S. Army’s Chemical Materials Agency (CMA) is providing literature and speakers as needed. the world leader in programs to store, treat, and dispose of chemical weapons safely and effectively. The agency de- Ownership and/or Management of Assessment and Disposal veloped and used technologies to safely store and eliminate Systems. The assessment and disposal equipment employed chemical weapons at seven stockpile sites while protecting by the NSCMP is listed and described in Chapter 4. For the public, its workers and the environment. CMA also t he most part, this equipment—notably, the Explosive has the storage mission at the Nation’s final two stockpile sites. CMA was created to incorporate the former Program Destruction Systems (EDSs)—is owned and maintained by Manager for Chemical Demilitarization and portions of the NSCMP. An exception is the TC-60 Transportable Detona- U.S. Army Soldier and Biological Chemical Command into tion Chamber (TDC), which is owned by CH2M HILL and is one agency.26 27U.S. Army Chemical Materials Agency, Fact Sheet, Non-Stockpile Chemical Materiel Project Overview. Available at http://www.cma.army. mil/fndocumentviewer.aspx?DocID=003671053. Last accessed March 21, 24MARB fact sheet, U.S. Army Chemical Materials Agency. Available 2012. 28Laurence G. Gottschalk, PMNSCM, “Non-Stockpile Chemical Mate - at http://www.pmcd.army.mil/fndocumentviewer.aspx?docid=003677814. Last accessed February 6, 2012. riel Project Program Status and Update,” presentation to the committee on 25Ibid. September 27, 2011. 26Available at http://www.cma.army.mil/home.aspx. Last accessed Feb - 29Dan G. Noble, U.S. Army Corps of Engineers, comments to committee ruary 15, 2012. during Spring Valley site visit on November 1, 2011.

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32 REMEDIATION OF BURIED CHEMICAL WARFARE MATERIEL FIGURE 2-11 NSCMP organizational chart. EDS, explosive destruction system, SCANS, Single Chemical agent identification set Access and Neutralization System; MRC, multiple round 2-11 NSCMP organization chart.eps integrated logistical support; TIPT, FIGURE container. PPI, planned product improvement; ILS, BITMAP test integrated product team. SOURCE: Personal communication from Laurence G. Gottschalk, Project Manager, Non-Stockpile Chemical Materiel, to Nancy Schulte, NRC study director, March 7, 2012. leased from that company under a basic ordering agreement. The U.S. Army Research, Development and Engineering Command is the Army’s technology leader and largest Field operation of the EDSs and the TDC is carried out by technology developer. RDECOM ensures the dominance ECBC. These systems and other equipment are described of Army capabilities by creating, integrating and delivering in Chapter 4. technology-enabled solutions to our Soldiers. To meet this NSCMP provides the interim holding facilities (IHFs) commitment to the Army, RDECOM develops technologies described in Chapter 4 and used for safeguarding recovered in its eight major laboratories and research, development and munitions at remediation sites. engineering centers. It also integrates technologies devel- NSCMP has an active, ongoing R&D program to improve oped in partnership with an extensive network of academic, the various systems that it uses to assess and destroy chemi- industry, and international partners. RDECOM provides the cal warfare materiel. These systems and the improvements to Army with an organic research and development capability. them that are under way are described in Chapters 4 and 7. More than 17,000 Soldiers, civilian employees and direct contractors form this world-class team. As part of that team, there are 11,000 engineers and scientists, many of whom are NSCMP Relationships with Other Organizations. One focus the Army’s leading experts in their fields. of this report is very large CWM remediation efforts, in which NSCMP works with USACE. Other military organiza- tions that are directly involved include the U.S. Army Techni- Edgewood Chemical Biological Center cal Center for Explosives Safety (USATCES), the DDESB, ECBC is designated under the CWC as a laboratory that is CARA, USACE, and ECBC. The general relationships able to accurately and predictably identify prohibited chemi- between these organizations when executing a project man- cal compounds. ECBC also maintains the only declared facil- aged by USACE are shown in Figure 2-12. ity under the CWC where chemical compounds regulated by the CWC treaty can be produced for protective purposes. U.S. Army Research, Development, and Engineering It is also the single repository for the Army’s research and Command development stock of toxic chemical agents. The center houses analytical equipment, including self- RDECOM is a direct reporting command under the Com- contained mobile modular laboratories that allow for near- mander, AMC. According to RDECOM’s Web site,30 real-time monitoring of an airborne chemical agent. In support of USACE in the remediation of FUD sites, ECBC has provided chemical and biological analysis of 30Available at http://www.army.mil/rdecom.

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33 CURRENT POLICY, FUNDING, ORGANIZATION, AND MANAGEMENT PRACTICES (HNC). While it does not have any field offices, HNC part- Customer Regulators ners with USACE district offices to execute its programs. (PM District and/or (State/EPA) Installation) Private sector assets for HNC programs, including chemical demilitarization, are tasked through contracts managed by U.S. Army HNC and by USACE district offices. Funding for any given USACE, HNC CWM Technical Center for DDESB Design Center Explosives Safety requirement is appropriated by Congress. (USATCES) USACE has a long history of executing stockpile and non-stockpile chemical demilitarization as requested by the Army and DOD authorities. In general, USACE performs the USACE PM Non- CARA ECBC Contractor Stockpile following functions for chemical demilitarization customers: • C entralized program management and financial FIGURE 2-12 Typical chemical warfare materiel project. PM, FIGURE 2-12 Typical chemical warfare materiel project.eps management, Project Manager; HNC CWM, Huntsville Engineering and Support • Center, Chemical Weapons Materiel. SOURCE: Christopher L. D ecentralized project, contract, and quality Evans, Special Assistant for Military Munitions Support Services management, Headquarters, U.S. Army Corps of Engineers, “USACE Military • On-site technical expertise and contractor quality and Munitions Support Services for Chemical Warfare Materiel,” pre- safety assurance, sentation to the committee on December 13, 2011. • Requirements assessment and site characterization, • Public outreach and strategic communications, • Regulatory coordination and compliance, environmental samples and chemical agent filtration sys- • Real property appraisal, acquisition, and disposal, tems. It has also built vapor containment structures and and certified them. • Targeted applied research and development. ECBC operates and maintains (but does not own) several systems for the disposal of recovered chemical warfare The USACE organizations involved with the mili - material, including the EDS, the TDC, the detonation of tary environmental management programs include the ammunition in a vacuum-integrated chamber (DAVINCH), HQUSACE Special Assistant for Military Munitions Support and the static detonation chamber (SDC). These systems are Services; five military munitions design centers; the HNC discussed in Chapter 4. Mandatory Center of Expertise for Chemical Weapons, and nine remedial action districts. The relationship between these U.S. Army Corps of Engineers (USACE) USACE organizations is provided in Figure 2-13. As briefed to the committee, the USACE role in the non- USACE plays an important role in demilitarizing chemi- stockpile buried chemical material program includes the cal warfare materiel on behalf of the U.S. Army and other above generalized functions tailored to the needs and direc- DOD organizations. USACE does this utilizing the skills tion of the responsible Army program executive:32 available at its Washington, D.C., headquarters, nine division offices, 41 district offices, and over 900 field offices. There • Execute CWM responses and other planned activi- are approximately 600 military personnel and 37,000 civil- ties, with the exception of explosives or muni- ian employees distributed worldwide throughout USACE tions emergency responses where the probability of offices. USACE has two main missions: military programs encountering CWM or chemical agent identification and contingency operations and civil works and emergency sets (CAIS) is medium to high or where CWM or operations. The latter mission is authorized and funded CAIS have been encountered. separately from Army and DOD authorizations and budgets. • Provide the provisional RCWM integrating office Alternatively, the military programs and contingency opera- (described in Chapter 7) with a single point of contact tions mission is authorized and funded entirely by DOD. that has decision and tasking authority to coordinate With the exception of headquarters and division offices, the scheduling and execution of CWM responses or the bulk of USACE requirements are project-funded for other planned activities. both mission areas. In addition to in-house assets, USACE • Coordinate scheduling of CWM responses or other utilizes a vast array of private sector talent through over planned activities (e.g., range clearance activities) 10,000 contracts.31 that may involve CWM or CAIS with the RCWM IO The chemical demilitarization program is managed and, when required, with ASA(IE&E). centrally for USACE by its Huntsville Engineering Center 32J.C. King, Assistant for Munitions and Chemical Matters, Office of 3 1 Availableat http://www.amc.army.mil/amc/Fact%20sheets/HQA the Deputy Assistant Secretary of the Army for Environment, Safety and MC2011.pdf, and http://www.usace.army.mil/Missions/MilitaryPrograms. Occupational Health, “The Army RCWM Program A Policy Perspective,” aspx. Accessed March 22, 2012. presentation to the committee on September 27, 2011.

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34 REMEDIATION OF BURIED CHEMICAL WARFARE MATERIEL National Program M2S2Advisory Manager Board Regional Business Center Project Geographical MM Design Real Estate Management Regulatory District Center District Coordination Public Affairs Execution Responsibility and POC to Customer Quality Reviews Remedial Environmental and MM Remedial Regulatory Actions Technical, and Munitions CX Action District Safety Support FIGURE 2-13 USACE Military Munitions Support Services. M2S2, Military Munitions Support Services; MM, military munitions; CX, center of expertise, POC, point of contact. SOURCE: Christopher L. Evans, Special Assistant for Military Munitions Support Services FIGURE 2-13 USACE Military Munitions Support Services.eps Headquarters, USACE, “USACE Military Munitions Support Services for Chemical Warfare Materiel,” presentation to the committee on December 13, 2011. • • Provide technical advice to DOD components on the Manage on-site CWM site activities, in coordina- need for and design of CWM responses, operational tion with the DOD Services environmental program range clearance and other activities where the prob- managers, Army program execution managers, and ability of encountering CWM or CAIS is medium to site project managers. • high, and when requested, when the probability of Perform contract activities for CWM responses, such encounters is low. except those related to (1) assessment and destruction • Support DOD components in and (2) response involving CAIS. • —P roviding public affairs support for informa - Perform real estate functions—for example, obtain- tion exchange and public involvement related to ing rights of entry, reviewing deed restrictions— CWM responses, to include the implementation required to support a CWM response. • of required UXO safety education programs. Provide for safety oversight on all CWM responses —Responding to regulatory inquires and concerns. and responses involving CAIS. • —P reparing and coordinating DDESB required Schedule assessment of munitions or other materials safety submissions for conventional munitions of interest and, when appropriate, CAIS. • according to DOD and the appropriate Service’s Participate on the Munitions Assessment Review policy. Board (MARB). —Coordinating plans and operational details with the stakeholders. USACE relationships with other DOD organizations, reg- • Plan CWM responses. ulators, and contractors are depicted in Figure 2-13. The roles • In coordination with the Army program execution and responsibilities of state and federal regulatory authorities managers, develop cost-to-complete estimates for the are described in Chapter 3. The roles and responsibilities of DERP portion of RCWM program site costs. the DDESB are described in Chapter 4. • Prepare and submit required reports related to CWM responses or other actions under its management. Office of the Secretary of the Navy • Coordinate and integrate all on-site CWM response activities, including security of RCWM and other There are very few RCWM sites for the Navy compared munitions or materials of interest. to those for the Army. By its latest count, the Navy has • Coordinate and conduct required preoperation sur- identified only two suspected and three potential RCWM veys and table top exercises per DOD and Army sites. Nonetheless, it is responsible for environmental issues policy. on its installations, including any buried chemical weapons

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35 CURRENT POLICY, FUNDING, ORGANIZATION, AND MANAGEMENT PRACTICES MISSION Why we exist: NAVFAC is the Systems Command that delivers and maintains quality, sustainable facilities, acquires and manages capabilities for the Navy s expeditionary combat forces, provides contingency engineering response, and enables energy security and environmental stewardship. VISION What we aspire to: We strengthen Navy and Marine Corps readiness through our work across the facility life cycle and our support of the shore expeditionary mission. FIGURE 2-14 NAVFAC overview. CNO, Chief of Naval Operations; ASN, Assistant Secretary of the Navy; CNIC, Commander Navy Instal- lation Command; NAVFAC, Naval Facilities Engineering Command; LANT/PAC, Atlantic, Pacific; OPCON/ADDU, Operational Control/ Additional Duty; OICC, Officer in Charge of Construction; PWO, Public Works Officer; ROICC, Resident/Regional Officer in Charge of Construction; CMC, Command Master Chief; MARFOR/MEF, Marine Corps Forces/Marine Expeditionary Force; MCI, Marine Corps In- stitute. SOURCE: Robert Sadorra, Manager Munitions Response Program Naval Facilities Engineering Command, “The Navy’s Roles and 1 Responsibilities Related to Remediation of RCWM,” presentation to the committee on January 18, 2012. munitions recovered on its properties. Once RCWM is Navy Facilities Engineering Command, which is headquar- suspected on Navy property, the Navy acts through the tered in Washington, D.C. Department of the Army, which is the EA for the chemi- cal demilitarization program, for the remediation of any Naval Facilities Engineering Command RCWM munitions. Like the Office of the Secretary of the Army, the Office The Naval Facilities Engineering Command (NAVFAC) of the Secretary of the Navy provides civilian political and has military construction responsibilities similar to those of policy leadership for the Department of the Navy. The Navy USACE and responsibilities for the installation of public RCWM program is overseen by the Assistant Secretary of the works similar to those of the Army’s Installation Man- Navy (Installations and Environment). Funding and policy agement Command. NAVFAC is organized according to requirements for the Navy are determined and defended by Figure 2-14. this office. Planning, programming, budgeting, and execu- NAVFAC performs roles much like those of the Army tion of Navy requirements are performed through the Navy Environmental Command but for Navy DERP require- staff organization led by the Chief of Naval Operations, as ments at active Navy installations. It identifies suspected outlined below. and planned Navy RCWM in close coordination with the Army’s provisional RCWM integrating office. This also requires integrating the planned RCWM activities into the Office of the Chief of Naval Operations relevant DERP projects (as performed by ACSIM for the The Chief of Naval Operations (CNO) is the senior naval Army). NAVFAC assigns a Project Manager to coordinate officer in the Department of the Navy. A four-star admiral, with USACE on RCWM remediation (funded by CAMD, D) the CNO is responsible to the Secretary of the Navy for the and carry out the Navy’s real estate, installation security, and explosive safety responsibilities.33 command, utilization of resources, and operating efficiency of the forces of the Navy and of the Navy shore activities 33Robert Sadorra, Manager Munitions Response Program Naval Facilities assigned by the Secretary. The CNO is the Navy counterpart Engineering Command, “The Navy’s Roles and Responsibilities Related to the Chief of Staff of the Army. The RCWM requirements to Remediation of RCWM,” presentation to the committee on January 18, are defined and executed on behalf of the CNO through the 2012.

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36 REMEDIATION OF BURIED CHEMICAL WARFARE MATERIEL AFCEE [CL/DD/DC] Technical Divisions Execution Divisions Support Divisions Capital Capital Chief Financial Technical Support Investment Investment Office Management Execution Regional Operations Contingency Housing Environmental Offices Support Construction Privatization East-Atlantic Central-Dallas West-San Francisco Environmental Staff Judge Restoration Advocate FIGURE 2-15 Air Force Center for Engineering and Environment. SOURCE: Adapted from http://www.afcee.af.mil/about/organization- FIGURE 2-15 Air Force Center for Engineering and Environment (AFCEE).eps alchart/index.asp. Office of the Secretary of the Air Force Air Force Center for Engineering and Environment As is true for the U.S. Army and the U.S. Navy, the civil- The Air Force Center for Engineering and Environment ian leadership of the U.S. Air Force is vested in the Secretary (AFCEE) is a field operating agency under the Air Force of the Air Force. The Office of the Secretary of the Air Force Civil Engineer organization. AFCEE is led by an Air Force oversees the mission and programs assigned to the Air Force civilian from the SES. The mission of AFCEE is to “provide through a structure similar to those of the other Services. The integrated engineering and environmental products, services, Air Force is held responsible for the environmental quality and advocacy that optimize Air Force and Joint capabilities through sustainable installations.”35 AFCEE’s organization of its installations, including any planned and/or discovered chemical weapons munitions, but like the Navy, the number chart is provided in Figure 2-15. of RCWM sites is very small compared to the Army. The The RCWM program is managed within the Environ- remediation of RCWM on Air Force installations is executed mental Restoration (ER) Division. ER “provides centralized by the U.S. Army, through the PMNSCM. management of the Air Force Environmental Restoration Program and serves as the Air Force Restoration Program Management Office to facilitate the cleanup of contaminated Air Force Civil Engineer sites at all active installations except Air National Guard and base realignment and closure facilities.”36 This office per- The Air Force Civil Engineer is a two-star general billet within the Air Force staff. The Air Force staff is led by the forms functions like those of the U.S. Army Environmental Chief of Staff of the Air Force, a four-star general. The Air Command (USAEC) and NAVFAC, for DERP requirements; Force Civil Engineer reports to the Deputy, Chief of Staff, and it coordinates with the Army, as EA for all RCWM pro- Logistics, Installations and Mission Support. The Air Force gram activities on active Air Force installations. Civil Engineer is responsible for installation support at the Air Force’s 166 installations. The office is also respon- PROCESSES sible for organizing, training, and equipping the Air Force engineering force, for planning, developing, building, and As described above, the RCWM program is governed by maintaining Air Force bases worldwide, and for their utili- a long history of legislation, regulation, and policy at the fed- ties and environmental quality. Additionally, the Air Force eral, state, and local levels. The impact of this policy legacy Civil Engineer oversees the Air Force Civil Engineer Support (and the accompanying multitude of funding sources) on the Agency at Tyndall Air Force Base, Florida, and the Air Force Center for Engineering and the Environment at Brooks City asp?bioID=9882. Accessed April 16, 2012. Base, Texas.34 35Available at http://www.afcee.af.mil/about/organization/index.asp. Accessed March 14, 2012. 3 4 Available 36Available at http://www.afcee.af.mil/publications/factsheets/factsheet. at http://www.afcesa.af.mil/shared/media/document/ AFD-110103-058.pdf, and http://www.af.mil/information/bios/bio. asp?id=18928. Accessed March 14, 2012.

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37 CURRENT POLICY, FUNDING, ORGANIZATION, AND MANAGEMENT PRACTICES existing multilayered government organizational structure PMNSCM tasks for these sites are commonly described requires that a complex set of management practices be put as its “firehouse” function. (See Figure E-2, Management into use. This last section summarizes the processes by which Practices for U.S. Army RCWM Emergency Response at these organizations apply their policy mandates within the Burial Locations.) The management practices are the same context of an uncertain threat posed by recovered chemi- as those for the phases in the planned response scenario with cal weapons. These management practices are provided in the exception of the planning phase. Emergency responses Appendix E. involve a larger number of organizations in the response There are two categories of RCWM sites to which the phase than do planned (and more deliberate) recovery opera- government must respond: (1) planned RCWM recoveries at tions. Until such time as discovered munitions have been buried locations and (2) emergencies. For planned RCWM identified, packaged, and assessed, emergency response recoveries, the sites have been identified through a detailed activities are accelerated to ensure that public safety is main - literature research effort, largely by DOD and its contractors. tained. Depending on the type and condition of munition(s) The nature of the buried chemical munitions is only generally found, the storage, treatment, and waste disposal and site understood. In many instances they are buried alongside con- closure phases may be carried out at an accelerated pace or ventional munitions. The necessity of remediating these sites a more deliberate one. calls for a systematic planning, programming, budgeting, and These complex RCWM management practices involve execution (PPBES) approach following DOD established many organizations, several funding sources, and several PPBES management practices. Management practices for large and small sets of equipment and other technology. these planned sites are depicted in Figure E-1, Management This complexity is partly the result of extensive policy Practices for U.S. Army Planned RCWM Recovery at Burial direction in the form of congressional statutes, federal Locations, in Appendix E. regulations, and internal (primarily DOD) directives. In The planned RCWM management practices are per- addition, applying business rules for the various funding formed in seven phases: response; planning; packaging; sources and coordinating with numerous government agen - assessment; storage (if required); treatment; and waste dis- cies adds many activities (and overhead cost) to the man - posal and site closure. The first phase, response (notification) agement practices. Because these management practices are differs depending upon whether the site is an active Army performed in a public safety context that does not tolerate CONUS installation, an active Army installation in Alaska failure, the costs and time delays experienced during each or Hawaii, a FUDS site, or a BRAC site, since different phase may be significant. government offices are responsible for the real property and the funding. Funding for each phase of the process changes SUMMARY according to the appropriation rules: DERP funds response, planning, packaging, and storage, while CAMD,D funds This chapter provided an overview of the government assessment, treatment, waste disposal and site closure. Army policies, organization, and processes related to the RCWM regulations govern which entity performs each phase, with program. While some of the policies that govern the program installation commanders, CARA, USACE, NSCMP, CMA, were enacted by Congress and others were implemented by ECBC, ACSIM, AEC and others being brought in to perform the Executive Branch through Executive Orders or regula- the tasks that fall within their relevant responsibilities. Figure tions, most of the regulations and policies for the RCWM E-1 details the planning, packaging, assessment, storage, program are internal to the Department of Defense. Other treatment, and disposal tasks and identifies the players for policies and regulations relevant to the program are national three levels of anticipated RCWM munitions. Each phase has rather than state based and cover a broader spectrum of envi- different levels of emphasis as the number of munitions at a ronmental or life/safety policy. Given the potential severity given site increases. The processes apply only to U.S. Army of health impacts if agent is released from buried chemical organizations. Navy and Air Force sites would have similar weapons munitions, these policies and regulations are very processes at the installation level and shared processes in the risk averse. execution of the remediation tasks with the Army. The organizations that are charged with implementing Requirements for the second category of RCWM manage- these statutes, policies, and regulations are broad, diverse, ment practices—response to an emergency—are character- and complex. The relatively small and specialized RCWM ized, in general, by a discovery of suspected RCWM on organizations that have been created for the program are active installations or on BRAC installations, FUDS, or on hidden deep within the DOD hierarchy. The U.S. Army, private property. The discovery of suspected RCWM requires having been assigned by OSD as EA for the stockpile and immediate attention by civil authorities and Army personnel non-stockpile programs, is the most involved of the Services until such time as the risk to the public (including military in the program. This chapter provided a detailed examination personnel) has been assessed. In addition to law enforcement of several of the more important RCWM players, each of units, CARA and PMNSCM are alerted and involved in the which has a specific role to play. Close coordination among preliminary phases of an emergency RCWM response. The these organizations is vital to ensure that the threat to public

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38 REMEDIATION OF BURIED CHEMICAL WARFARE MATERIEL health and safety is minimized as the remediation of RCWM DOD PPBES, which applies to all DOD programs, as well as continues. the specialized functions of the RCWM program itself. The This chapter concluded with a brief overview of the man- processes must also be designed to apply to several possible agement practices that apply to the RCWM program. These scenarios depending on where, when, and how buried chemi- management practices are very complex by the nature of the cal weapons munitions are discovered.