Cleanup of U.S. Military Munitions: Authorities, Status, and Costs

Congressional research reportApr 16, 2008

Ask Donna

What actually matters in this document.

Text

ȱ

•ŽŠ—ž™ȱ˜ȱǯǯȱ’•’Š›¢ȱž—’’˜—œDZȱ

ž‘˜›’’ŽœǰȱŠžœǰȱŠ—ȱ˜œœȱ

ŠŸ’ȱǯȱŽŠ›Ž—ȱ

™ŽŒ’Š•’œȱ’—ȱ—Ÿ’›˜—–Ž—Š•ȱ˜•’Œ¢ȱ

™›’•ȱŗŜǰȱŘŖŖŞȱ

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŝȬśŝŖŖȱ

ǯŒ›œǯ˜Ÿȱ

ŘŘŞŜŘȱ

ȱŽ™˜›ȱ˜›ȱ˜—›Žœœ

Prepared for Members and Committees of Congress

ȱ

•ŽŠ—ž™ȱ˜ȱǯǯȱ’•’Š›¢ȱž—’’˜—œDZȱž‘˜›’’ŽœǰȱŠžœǰȱŠ—ȱ˜œœȱ

ž––Š›¢ȱ

How to address safety, health, and environmental risks from potential exposure to abandoned or

discarded military munitions has been a long-standing issue. There has been particular concern

among the public about such risks at older decommissioned military properties that have been in

civilian use for many years, and at closed military bases still awaiting redevelopment. Many of

these properties contain former training ranges and munitions disposal sites where the extent of

unexploded ordnance (UXO) and related environmental contamination is not fully understood.

The approval of another round of military base closings in 2005 raised additional concerns about

munitions risks on certain bases, and whether cleanup challenges may limit their civilian reuse.

This report discusses the potential hazards of military munitions and related contamination, the

authorities of the Department of Defense (DOD) to address these hazards, the status and costs of

cleanup efforts, and issues for Congress.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ȱ

•ŽŠ—ž™ȱ˜ȱǯǯȱ’•’Š›¢ȱž—’’˜—œDZȱž‘˜›’’ŽœǰȱŠžœǰȱŠ—ȱ˜œœȱ

˜—Ž—œȱ

Potential Safety, Health, and Environmental Risks......................................................................... 1

Statutory Cleanup Authorities ......................................................................................................... 1

Degree of Cleanup Required ........................................................................................................... 2

Status of Cleanup............................................................................................................................. 2

Costs of Cleanup ............................................................................................................................. 3

Munitions in Underwater Areas....................................................................................................... 4

Issues for Congress.......................................................................................................................... 5

Š‹•Žœȱ

Table 1. Munitions Site Response Status as of FY2007.................................................................. 3

Table 2. Munitions Site Response Costs ......................................................................................... 4

˜—ŠŒœȱ

Author Contact Information ............................................................................................................ 6

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

•ŽŠ—ž™ȱ˜ȱǯǯȱ’•’Š›¢ȱž—’’˜—œDZȱž‘˜›’’ŽœǰȱŠžœǰȱŠ—ȱ˜œœȱ

ȱ

˜Ž—’Š•ȱŠŽ¢ǰȱ ŽŠ•‘ǰȱŠ—ȱ—Ÿ’›˜—–Ž—Š•ȱ’œ”œȱ

Explosives can remain “live” in munitions and present a safety risk for many years, even decades,

after their military use has ceased, especially if munitions are buried and thereby protected from

degradation. Munitions used in training exercises do not always detonate upon impact and can

burrow beneath the surface where they can remain buried. Munitions that remain on the surface

also can be difficult to locate and recover, especially on ranges with dense vegetation that may

conceal munitions. The disposal of munitions also can present lingering safety risks if munitions

are not properly neutralized and are left intact. Sites where munitions were meant to be destroyed

in bulk by open burning or open detonation in earthen pits frequently contain some live

munitions. In such cases, certain munitions may not detonate and may be buried by the explosive

force of other munitions.

In addition to the more immediate safety risks from explosives, chemical constituents in

munitions can leach into the environment and present potential health risks if a “pathway” of

exposure is present through the air, soil, groundwater, or surface water. Long-term exposure to

contaminants can increase the risks of certain health effects, depending on the nature of a

particular contaminant and the duration and concentration of exposure. For example, perchlorate

is a common substance used in munitions. There has been increasing attention to the potential

health risks of this substance in conjunction with efforts to regulate exposure through drinking

water. (See CRS Report RS21961, Perchlorate Contamination of Drinking Water: Regulatory

Issues and Legislative Actions, by (name redacted).)

Šž˜›¢ȱ•ŽŠ—ž™ȱž‘˜›’’Žœȱ

For many years, DOD addressed potential risks from munitions on former training ranges and

disposal sites without a consolidated effort in place to track progress and costs. In response to

concerns among states, communities, and environmental organizations about the adequacy of

these efforts, Congress included provisions in Sections 311 and 312 of the National Defense

Authorization Act for Fiscal Year 2002 (P.L. 107-107),1 requiring DOD to establish a

comprehensive program to identify, investigate, and clean up munitions on former U.S. military

training ranges in the United States, including U.S. territories. These provisions also require the

cleanup of discarded munitions that were not properly disposed of in the United States, and the

cleanup of contaminants leached from munitions into the environment. DOD established a

Military Munitions Response Program within its Defense Environmental Restoration Program to

fulfill these requirements. Section 312 of the National Defense Authorization Act for Fiscal Year

2003 (P.L. 107-314)2 later required DOD to appoint a single official to manage these efforts.

In accordance with the above authorities, the Military Munitions Response Program addresses the

cleanup of former training ranges and munitions disposal sites on both active and closed military

installations in the United States. The cleanup of operational training ranges is administered

separately as an operation and maintenance activity on an installation-by-installation basis.

Relatively little cleanup is performed on operational ranges as long as they remain operational.

DOD generally clears munitions from its operational ranges to the extent necessary for the safety

1

2

10 U.S.C. 2710 and 10 U.S.C. 2703(b), respectively.

10 U.S.C. 2701(k).

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

ŗȱ

ȱ

•ŽŠ—ž™ȱ˜ȱǯǯȱ’•’Š›¢ȱž—’’˜—œDZȱž‘˜›’’ŽœǰȱŠžœǰȱŠ—ȱ˜œœȱ

of military personnel to gain access to those lands for training. Once munitions are removed from

an operational range, they are subject to federal regulations that govern their disposal.3 More

extensive cleanup of operational ranges can be required if contaminants leached from munitions

migrate off-site and present potential risks to adjacent populations.

The authorities for the Military Munitions Response Program also do not extend to training

ranges at U.S. military installations located in other nations. The Status of Forces Agreement

between the U.S. government and the government of each nation in which U.S. forces are

stationed (i.e., the host nation) generally governs the cleanup of munitions and other hazardous

contamination. Under these agreements, the extent to which the U.S. government is held

responsible for cleanup at U.S. military installations abroad can vary widely from one nation to

another.

ސ›ŽŽȱ˜ȱ•ŽŠ—ž™ȱŽšž’›Žȱ

Although the above laws authorized the investigation and cleanup of former military training

ranges and munitions disposal sites in the United States, the Comprehensive Environmental

Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund)4

generally governs the degree of cleanup at individual sites, and how cleanup is accomplished.

CERCLA also specifies that requirements of the Solid Waste Disposal Act5 must be met, which

generally applies to disposal facilities operated with permits issued under that latter statute. These

laws generally require cleanup decisions to be based on potential risks, and allow multiple types

of actions to address those risks, rather than one approach. The Environmental Protection Agency

(EPA) and the states are responsible for overseeing DOD’s efforts to clean up munitions and

related contamination to ensure that applicable requirements of the above statutes are met.

The degree of cleanup required can vary considerably from site to site, depending on the

pathways of exposure that would result from the current or anticipated land use, and the means to

prevent exposure. For example, munitions may be cleared to a certain depth beneath the surface

at some sites, whereas surface clearance only may be performed at others. Regardless of the depth

of clearance, removal of a munition often is accomplished not by transporting it from the site, but

by detonating it in place, referred to as “Blow in Place” (BIP). Because of the sensitivity of

munitions to disturbance, detonation in place often is a safer way to eliminate the explosive risk,

rather than unearthing a munition and transporting it elsewhere for disposal. In some cases,

restrictions on public access are used to manage potential risks, allowing munitions to be left in

place. For example, access restrictions are used at many sites where clearing vegetation to locate

munitions would destroy wildlife habitat or plant species protected by federal or state law.

Šžœȱ˜ȱ•ŽŠ—ž™ȱ

As indicated in Table 1, DOD had identified 3,537 sites as of the end of FY2007 on former

training ranges and munitions disposal sites in the United States that warranted investigation to

3

40 C.F.R. Part 266, Subpart M, Military Munitions Rule.

42 U.S.C. 9601 et seq.

5

42 U.S.C. 6901 et seq.

4

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Řȱ

•ŽŠ—ž™ȱ˜ȱǯǯȱ’•’Š›¢ȱž—’’˜—œDZȱž‘˜›’’ŽœǰȱŠžœǰȱŠ—ȱ˜œœȱ

ȱ

determine whether munitions and related contamination were present. Nearly half of these

potentially contaminated lands are located on Formerly Used Defense Sites (FUDS),

decommissioned before the first consolidated Base Realignment and Closure (BRAC) round in

1988. Many of the FUDS sites are from the World War II era and earlier. Installations closed

under the BRAC rounds contained the least number of sites. Most of the other sites are located on

active military installations.

In October 2005, DOD promulgated regulations for prioritizing response actions among

munitions sites, based primarily on potential risks.6 Numerous factors determine the degree of

risks at an individual site, such as the type of munitions present, whether munitions are located at

or below the surface, the accessibility of a site, the proximity of munitions to populated areas,

human health and environmental risks from potential exposure to munitions contaminants, and

whether cultural or ecological resources are present. Of the sites identified so far, planned

response actions were complete at 920 sites as of the end of FY2007. DOD deemed that response

actions likely would not be needed at 470 sites because munitions were not known or suspected to

be present, or potential risks were thought to be low enough not to warrant a response. Response

actions were under way or planned at 1,113 sites. DOD had not completed or begun its evaluation

of potential risks at 1,034 sites. Therefore, much remained uncertain about potential risks at those

locations and the actions and funding needed to address those risks.

Table 1. Munitions Site Response Status as of FY2007

Type of

Installation

Active

BRAC

FUDS

All Installations

Response

Complete

No Response

Necessary

Evaluation

Pending

Response

Planned or

Under Way

Total Sites

337

180

403

136

11

323

700

125

209

377

21

715

1,550

337

1,650

920

470

1,034

1,113

3,537

Prepared by CRS using information from the Department of Defense, Defense Environmental Programs

Fiscal Year 2007 Annual Report to Congress, March 2008, Appendix O, p. O-2-1.

Source:

˜œœȱ˜ȱ•ŽŠ—ž™ȱ

Funding for the Military Munitions Response Program comes out of multiple defense

appropriations accounts. Which account funds a particular site depends on whether the

installation is active or closed, and which military branch has jurisdiction over the site. There are

five Defense Environmental Restoration Accounts. Three of these accounts are reserved mainly

for active installations of the Army, Navy, and Air Force. A fourth account is reserved for

defense-wide sites administered primarily by the Defense Logistics Agency. A fifth account is

dedicated to FUDS sites, administered by the Army Corps of Engineers. Two BRAC accounts

currently fund cleanup at bases closed under each BRAC round. All of these accounts also fund

the cleanup of other hazards at non-munitions sites. DOD is responsible for prioritizing and

6

32 C.F.R. Part 179.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

řȱ

•ŽŠ—ž™ȱ˜ȱǯǯȱ’•’Š›¢ȱž—’’˜—œDZȱž‘˜›’’ŽœǰȱŠžœǰȱŠ—ȱ˜œœȱ

ȱ

allocating monies appropriated to each account to meet competing cleanup needs among

contaminated sites.

As indicated in Table 2, the amount DOD spent from the above accounts as of the end of FY2007

for the cleanup of munitions was 6% of the total costs that DOD estimated would be needed to

complete cleanup at all sites it had identified at that time. The table shows amounts spent on the

cleanup of munitions back to FY1997. Prior to that time, the costs to clean up munition sites were

not broken out from the costs to clean up other hazards at non-munitions sites. The lack of a

breakout of costs for each type of site prior to FY1997 makes it difficult to determine the total

funds DOD has expended on munitions cleanup historically.

DOD spent a total of $1.24 billion from FY1997 through FY2007 on the cleanup of munitions

and related contamination at former training ranges and munitions disposal sites it had identified.

DOD estimated that another $19.23 billion would be needed from FY2008 into the future to

complete outstanding cleanup actions planned at that time. Cleanup at FUDS sites accounts for

68% of the estimated future costs. Cleanup at active installations accounts for 27% of the

estimated future costs. Although BRAC sites account for only 5% of the estimated future costs,

communities seeking redevelopment of these properties have emphasized the importance of

funding needs at these sites to make them safe for civilian reuse. (See CRS Report RS22065,

Military Base Closures: Cleanup of Contaminated Properties for Civilian Reuse, by (name red

acted).)

Table 2. Munitions Site Response Costs

Type of Installation

Active

BRAC

FUDS

Costs Incurred

FY1997—FY2007

Estimated Costs

FY2008 to Completion

Total Costs

$209,429,000

$326,930,000

$708,549,000

$5,255,062,000

$947,306,000

$13,022,981,000

$5,464,491,000

$1,274,236,000

$13,731,530,000

All Installations

$1,244,908,000

$19,225,349,000

$20,470,257,000

Source: Prepared by CRS using information from the Department of Defense, Defense Environmental Programs

Fiscal Year 2007 Annual Report to Congress, March 2008, Appendix O, p. O-2-1.

Note: Dollar amounts reflect cumulative costs of the cleanup process at individual munitions sites administered

under the Military Munitions Response Program. Although these amounts represent the bulk of the costs, they

do not reflect the costs of certain activities at the program level, such as management and support costs, and

activities that may apply to multiple installations. Including these additional activities, the Department of Defense

Fiscal Year 2007 Agency Financial Report estimated total future costs of $20.9 billion for the Military Munitions

Response Program from FY2008 through site completion. This report did not indicate the total past costs of all

related program activities for comparison.

ž—’’˜—œȱ’—ȱ—Ž› ŠŽ›ȱ›ŽŠœȱ

The above site status and costs focus on the cleanup of former training ranges and munitions

disposal sites on land. Munitions also are known or suspected to be present in underwater areas

adjacent to some training ranges. In some cases, obsolete or damaged munitions were dumped

offshore. Submerged munitions generally have received less attention than munitions on land

because of the perceived lower risks of human exposure. Locating and removing munitions

underwater also presents greater challenges, making it a more difficult and costlier undertaking

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Śȱ

•ŽŠ—ž™ȱ˜ȱǯǯȱ’•’Š›¢ȱž—’’˜—œDZȱž‘˜›’’ŽœǰȱŠžœǰȱŠ—ȱ˜œœȱ

ȱ

than cleanup on land. Challenges arising from the cleanup of munitions can be multiplied several

times when munitions are found underwater. In some cases, removing munitions from underwater

areas could present greater risks than leaving the munitions in place and warning individuals to

avoid them.

Although the cleanup of munitions in underwater areas has received less attention, there has been

rising concern about potential risks, especially in coastal areas where DOD disposed of surplus or

damaged munitions. The U.S. Armed Forces disposed of many of these weapons during the

World War II era. In response to requirements in Section 314 of the John Warner National

Defense Authorization Act for Fiscal Year 2007 (P.L. 109-364), DOD has released more recent

information on the past disposal of chemical weapons off U.S. shores.7 Congress also has funded

a pilot program to identify chemical weapons at known disposal sites off the coast of Hawaii.

While concern about potential risks has heightened, locating the weapons at these and other sites

would be challenging. The exact coordinates of offshore disposal sites are uncertain, and ocean

currents could have moved the weapons over time. If found, removing the weapons could present

other obstacles.

œœžŽœȱ˜›ȱ˜—›Žœœȱ

Members of Congress, states, communities, and environmental organizations have expressed

concern about the adequacy and pace of the cleanup of munitions and related contamination at the

current inventory of sites, and have questioned whether munitions may be present at other sites

not yet identified. The capability of current technologies to locate and neutralize munitions

efficiently and effectively also has been an issue. The cleanup of FUDS sites has caused the

greatest concern among the public. Many of these properties ceased to be used for military

purposes decades ago and have been put to a variety of civilian uses, including residential use in

some cases. Potential risks on these lands have motivated desires for greater funding to speed the

pace of cleanup. The challenge of cleaning up munitions on closed bases awaiting reuse has

motivated interest in greater funding to speed the pace of economic redevelopment to replace lost

jobs. There has been less concern among the public about munitions sites on active installations,

primarily because these sites pose little, if any, immediate safety risks to the general civilian

population. However, some communities adjacent to active installations have expressed concern

about health risks from potential exposure to munitions contaminants that may migrate off-site

through groundwater.

Some also have questioned whether DOD’s estimates of future costs reflect actual funding needs.

Uncertainties about the degree of cleanup that will be required at many sites make it challenging

to accurately estimate the outstanding costs to complete cleanup. DOD estimates cleanup costs

based on its current knowledge of individual site conditions, and its assumptions about the

response actions that will be required to close out these sites. DOD revises its cost estimates as

more is learned about the type and extent of contamination present at each location, and the

actions that federal and state regulators will require to address potential risks. In effect, these

estimates are “moving targets” that change as more information becomes available to project the

costs of future actions.

7

Department of Defense. Defense Environmental Programs Fiscal Year 2007 Annual Report to Congress. March 2008.

Appendix S, Sea Disposal of Military Munitions, pp. S-1—S-15.

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

śȱ

ȱ

•ŽŠ—ž™ȱ˜ȱǯǯȱ’•’Š›¢ȱž—’’˜—œDZȱž‘˜›’’ŽœǰȱŠžœǰȱŠ—ȱ˜œœȱ

Considering that many sites are not evaluated and that additional sites could be identified in the

future, DOD’s most recent assumptions of the resources that may be necessary to address cleanup

challenges could differ from what may be required. Actual costs could be higher than estimated,

if more munitions and contamination are discovered than expected, and more extensive cleanup is

needed than anticipated. New or more stringent cleanup standards also could cause costs to rise.

Whether more attention is given to munitions in underwater areas is another factor that could

contribute to the possible need for greater resources to meet cleanup needs. On the other hand, the

development of more cost-effective technologies to locate and neutralize munitions, and clean up

related contamination, could help to control costs. The effect of inflation over time also could

cause actual costs to differ from current estimates.

In carrying out its statutory authorities, DOD continues to work with federal and state regulators

to determine the degree of cleanup that is warranted to protect human safety, health, and the

environment. As this process unfolds, more information will become available to assess the

resources needed to address potential risks, both in terms of appropriations by Congress and the

capabilities of munitions cleanup technologies.

ž‘˜›ȱ˜—ŠŒȱ —˜›–Š’˜—ȱ

(name redacted)

Specialist in Environmental Policy

-redacted-@crs.loc.gov, 7-....

˜—›Žœœ’˜—Š•ȱŽœŽŠ›Œ‘ȱŽ›Ÿ’ŒŽȱ

Ŝȱ

EveryCRSReport.com

The Congressional Research Service (CRS) is a federal legislative branch agency, housed inside the

Library of Congress, charged with providing the United States Congress non-partisan advice on

issues that may come before Congress.

EveryCRSReport.com republishes CRS reports that are available to all Congressional staff. The

reports are not classified, and Members of Congress routinely make individual reports available to

the public.

Prior to our republication, we redacted names, phone numbers and email addresses of analysts

who produced the reports. We also added this page to the report. We have not intentionally made

any other changes to any report published on EveryCRSReport.com.

CRS reports, as a work of the United States government, are not subject to copyright protection in

the United States. Any CRS report may be reproduced and distributed in its entirety without

permission from CRS. However, as a CRS report may include copyrighted images or material from a

third party, you may need to obtain permission of the copyright holder if you wish to copy or

otherwise use copyrighted material.

Information in a CRS report should not be relied upon for purposes other than public

understanding of information that has been provided by CRS to members of Congress in

connection with CRS' institutional role.

EveryCRSReport.com is not a government website and is not affiliated with CRS. We do not claim

copyright on any CRS report we have republished.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.