ordnance and explosives emergency response at a cercla site: an environmental compliance perspective

Federal Facilities Environmental Journal/Summer 2002 105

Joe Davis, Scott Perkins, John Schmuck, and Spencer Eason

© 2002 Wiley Periodicals, Inc. Published online in Wiley InterScience (www.interscience.wiley.com) DOI: 10.1002/ffej.10038

Ordnance andExplosives EmergencyResponse at a CERCLASite: An EnvironmentalCompliance PerspectiveJoe Davis, Scott Perkins, John Schmuck, and Spencer Eason

The management of ordnance and explosives (O/E) at military installations hastraditionally been based on the premise that worker and community safety areparamount. While the Department of Defense (DOD) has a well-defined collectionof safety regulations and guidance documents for O/E recovery operations, thestatus of these operations with respect to federal and state environmental laws issomewhat complex. The U.S. Environmental Protection Agency’s (EPA’s) Mili-tary Munitions Rule, promulgated in 1997, defined when these items were legallyconsidered to become a solid, potentially hazardous waste. The DOD/EPAdocument titled Unexploded Ordnance (UXO) Management Principles,dated March 7, 2000, clarified some of the complexities.

Ordnance and explosives recovery operations at Rocky Mountain Arsenal(RMA), a Comprehensive Environmental Response, Compensation and Liabil-ity Act (CERCLA) site in Colorado, present a unique application of existingrules. CERCLA allows for the substantive elements of applicable or relevant andappropriate regulations to be invoked in the conduct of response operations. Thisarticle addresses how a risk-based approach has been developed to handleemergency scenarios involving O/E discovered in the process of a CERCLAresponse action. RMA personnel have taken the Resource Conservation andRecovery Act (RCRA) emergency response authorities, the Military MunitionsRule, and Departments of Army and Defense regulations and guidance andcrafted a set of emergency response protocols that incorporate relevant regula-tions, protect human health and the environment, and satisfy the regulatoryagencies. This article represents the approach taken at RMA and does notnecessarily represent a valid approach at other installations. It is intended to

Colonel Joe Davis is the commander of Rocky Mountain Arsenal and has led a distinguishedcareer dealing with munitions and unexploded ordnance issues. As manager of Foster Wheeler’senvironmental compliance department at Rocky Mountain Arsenal, John Schmuck oversees theregulatory compliance aspects of all environmental cleanup activities. Scott Perkins assists infacilitating environmental compliance at Rocky Mountain Arsenal. He focuses on the interplayof various environmental regulations with ordnance and explosives issues. Spencer Eason is themanager of the unexploded ordnance department at Rocky Mountain Arsenal and has anextensive background and hands-on experience in dealing with ordnance and explosives.

106 Federal Facilities Environmental Journal/Summer 2002

Ordnance and Explosives Emergency Response at a CERCLA Site: An Environmental Compliance Perspective

provide readers with information and references that may be useful in develop-ing their own set of site-specific procedures. It should be noted that the DOD isreviewing and potentially revising materials referenced in this article. Theapproach described in this article may require amendment when modificationsto DOD policy are made. © 2002 Wiley Periodicals, Inc.

INTRODUCTIONRocky Mountain Arsenal (RMA) is a Comprehensive Environmental

Response, Compensation and Liability Act (CERCLA) cleanup sitebeing remediated through a coordinated effort by the U.S. Army, U.S.Fish and Wildlife Service (USFWS), and Shell Oil Company. This com-plex multibillion-dollar cleanup is scheduled to last until 2011 and isbeing performed by a number of executing contractors and subcontrac-tors. An oversight partnership has been developed at RMA to facilitatethe implementation of the remedy and the ultimate transfer to a NationalWildlife Refuge. The Army, USFWS, and Shell have agreed to jointlymanage these operations. While the Army remains the lead agency, allthree groups participate in site management.

HISTORY OF RMARocky Mountain Arsenal (RMA) occupies 27 square miles in southern

Adams County, approximately eight miles northeast of Denver, Colorado.RMA was established in 1942 by the Army to manufacture chemical warfareagents and incendiary munitions for use in World War II. Following the warand through the early 1980s, the facilities continued to be used by the Army.Beginning in 1946, some facilities were leased to private companies. Shell,the principal lessee, primarily manufactured industrial and agriculturalchemicals, including pesticides, from 1952 to 1982. At varying points inRMA’s history, munitions were tested and destroyed by on-site openburning and open detonation. Common industrial and waste disposalpractices used during these years resulted in contamination of structures,soil, surface water, sediment, and groundwater. In addition to RMA beingon the National Priorities List, the Basin F area at RMA is subject to theinterim status closure requirements of the Colorado Department of PublicHealth and Environment (CDPHE) and the Resource Conservation andRecovery Act (RCRA). To accomplish the Basin F interim status closure andthe CERCLA implementation projects, CDPHE designated a CorrectiveAction Management Unit (CAMU). The CAMU is an integral part of therecord of decision1 (ROD) for RMA. Pursuant to the ROD, substantially allof the waste generated during RMA cleanup and through the transition ofRMA to a National Wildlife Refuge will be disposed on-post (see Exhibit 1).

IMPLEMENTATIONTo satisfy the requirements of the ROD, RMA has developed a

detailed set of protocols for managing ordnance and explosives (O/E)discovered at remedial sites. These protocols establish a procedure forO/E response activities that follow the substantive elements of thepertinent federal and state requirements listed in the ROD as well as

An oversight partnershiphas been developed atRMA to facilitate theimplementation of theremedy and the ultimatetransfer to a NationalWildlife Refuge.



applicable DOD requirements. These procedures also adopt guidancefrom other sources that, though they don’t directly apply, neverthelessprovide useful information that can be used to clarify managementstandards. The procedures address each of the four steps involved inmanaging such wastes: (1) identify the item; (2) transport the item; (3)store the item; and (4) destroy the item.

Disposal of explosive ordnance at RMA (from identification throughstorage to destruction) is under the jurisdiction of the DOD ExplosivesSafety Board (DDESB) and DOD’s Defense Environmental RestorationProgram authority via 10 USC 2701-2708, 2810. The RMA UXO Emer-gency Response Group leader is delegated the authority to determinewhat steps to follow in managing an anomaly found in the field. Thisauthority derives from chapter two of Army Regulation (AR) 75-152 andthe RMA site-wide contingency plan.3

Step 1—Identify the ItemWhen an anomaly is identified in the field at a remedial project

(Exhibit 2), the RMA UXO Emergency Response Group is notified andresponds pursuant to the RMA Protocol for the Discovery of UnexplodedOrdnance, Ordnance or Explosives. Operations conducted to identify theanomaly and evaluate the risk level are conducted based on guidanceprovided in the 60 series of Army Technical Manuals (Explosive OrdnanceDisposal Procedures). These manuals provide the technical guidance onsafely identifying the item and determining the safest approach formanaging any risks associated with it. Also used as guidance in deter-mining the level of risk associated with the item is the DOD JointTechnical Bulletin (TB) 700-2, DOD Ammunition and Explosives HazardClassification Procedures.4 This evaluation step results in either a decisionto call the Army Technical Escort Unit (TEU), destroy the item in place,

Exhibit 1. Remediation Under Way at Rocky Mountain Arsenal



transport it to a more secure location pending ultimate emergencydisposal, or declare the item inert and dispose of it on-site as a remediationwaste in accordance with the RMA Site Wide Remediation Waste Manage-ment Plan.5 The first three options are chosen only when the item isconsidered an imminent and substantial endangerment to human healthor the environment (as defined by the Military Munitions Rule). In theevent that TEU is brought on-site to manage items (as in the case of allrecovered chemical-warfare materiel), then management and disposal isperformed based on their protocols, and not the protocols described inthis article. If the item is deemed safe to transport short distances, thenthe RMA Protocol for the Storage and Tracking of Discovered UnexplodedOrdnance, Ordnance or Explosives, is implemented. This protocol requiresa continuous paper trail for the item, from discovery to final disposition.

Step 2—Transport the ItemIf it is necessary to transport the item on-post, it is done based on

guidelines provided in Engineer Pamphlet (EP) 75-1-2, the U.S. ArmyCorps of Engineers (USACE) document titled Unexploded OrdnanceSupport during Hazardous, Toxic, and Radioactive Waste and ConstructionActivities,6 and the aforementioned Joint TB 700-2, DOD Ammunition andExplosives Hazard Classification Procedures. While the transportation guid-ance in Joint TB 700-2 is intended to address off-post transportation (i.e.,in accordance with U.S. Department of Transportation requirements), itprovides useful information for safely transporting items on-post. Al-though not applicable at RMA, EP 75-1-2 has been adopted as a “to-be-considered” guidance document under CERCLA. One of the require-ments of EP 75-1-2 is to generate a transportation plan prior to movingUXO on- or off-post. This requirement, along with other requirements,is met through the RMA Protocol for Transportation of Ordnance andExplosives/Unexploded Ordnance.

Exhibit 2. Anomaly Identification Photo



Step 3—Store the ItemOnce the item has arrived at the designated storage magazine, it is

stored until final disposition can be coordinated. Storage requirements aredetailed in the RMA Protocol for Storage and Tracking of Ordnance andExplosives/Unexploded Ordnance. These requirements are in full compli-ance with the DDESB document DOD 6055.9 STD, DOD Ammunition andExplosives Safety Standards,7 and the corresponding Army document DAPAM 385-64, Ammunition and Explosives Safety Standards.8 These docu-ments provide detailed direction on storing waste military munitions.This includes requirements to maintain records, routinely inspect thewaste, ensure adequate security, and so forth. The DDESB storage guide-lines are referenced in the Military Munitions Rule through Title 40 Codeof Federal Regulations, Part 266 (40 CFR 266) as an alternative manage-ment approach to RCRA storage requirements detailed in 40 CFR 264.

Step 4—Destroy the ItemThe RMA Protocol for Ordnance and Explosives Disposal by Detonation

covers disposal by detonation. This procedure incorporates guidancefrom EP 1110-1-17, Establishing a Temporary Open Burn and Open Detona-tion Site for Conventional Ordnance and Explosives Projects9 (not applicablebut used as a guideline) and the 60 series of Army Technical Manuals(Explosive Ordnance Disposal Procedures). Ultimately, the decision todestroy the item is made by the UXO Emergency Response Group leaderafter obtaining concurrence from the Army. The Army provides thisconcurrence after they have received authorization from the State ofColorado. Authorization from the State of Colorado to destroy the wastemilitary munitions on-post serves as a CERCLA approval that is equiva-lent to the RCRA emergency permit process (Exhibit 3).

NON-CERCLA O/E MANAGEMENTThe aforementioned procedures cite a myriad of regulations and

guidance documents. This should clearly demonstrate why the manage-ment of recovered unstable O/E at military facilities has generally beena challenging one. At a non-CERCLA site, unstable O/E that is discov-ered would typically be managed in one of two ways as a reactive RCRAhazardous waste. Arguably, it should be managed in full compliancewith the generator standards in 40 CFR 262, the treatment, storage, anddisposal standards in 40 CFR 264/5, and the permitting requirements in40 CFR 270. In addition, at military facilities, numerous Department ofArmy (DA) and DOD requirements (such as the DDESB standards)would have to be followed. The Military Munitions Rule, promulgatedin 1997, clarifies RCRA storage requirements under 40 CFR 264, SubpartEE, and, more importantly, presents a second management option. Itallows military facilities to supplant RCRA storage requirements withmilitary storage requirements as long as the O/E is under the authorityof the DDESB. This is called the Military Munitions Rule ConditionalExemption (CE). Several, but not all, state programs have adopted thisrecent change to the federal RCRA program. By replacing RCRA storage

. . . management ofrecovered unstable O/E atmilitary facilities hasgenerally been achallenging one.



requirements with DDESB standards, the details surrounding storagerequirements may change, but the overall level of protectiveness is notaffected. This is the precise reason why the Military Munitions Ruleprovided this alternative set of management standards.

CERCLA O/E MANAGEMENT AT RMAThings are done differently, however, at RMA. RMA is a CERCLA site

with a ROD. The management requirements are somewhat differentthan they would be at a non-CERCLA site, as described above. Forexample, at a typical military installation, when extremely unstable anddangerous O/E are discovered, a RCRA “emergency permit” could berequested under 40 CFR 270.61. Emergency permits are authorizedwhen the discovered item poses an “imminent and substantial endan-germent to human health or the environment.” In Colorado the “emer-gency permit” is obtained by providing notice to the regulatory agencyand then receiving either verbal or written confirmation of the permitapproval. The approval is required to include a number of limitationssuch as how long the permit is effective, as well as the manner andlocation of treatment, storage, or disposal.

CERCLA does not require that permits be obtained for on-site wastemanagement of what otherwise would be considered RCRA hazardouswaste. However, it is necessary to comply with the substantive elementsof the RCRA requirements for waste management if so required by theROD. For this reason, RMA has established a parallel process for inform-ing regulatory agencies of the existence of unstable O/E that might posesuch an “imminent and substantial” threat in order to meet the substan-tive RCRA requirements. RMA provides either verbal or electronic

Exhibit 3. OE Placed for Demolition



notification to the Colorado Department of Public Health and Environ-ment of the existence of the unstable ordnance and then awaits verbal orelectronic approval to proceed. Once this approval is received, the Armyproceeds with detonation.

The RMA ROD invokes several requirements that pertain to thehandling and disposal of discovered O/E. The ROD states that any O/E encountered will be excavated and transported off-post for detonationunless the O/E is unstable and must be detonated on-post. With respectto safely handling, storing, and transporting unstable recovered O/E,the ROD does not reference EPA or state requirements. Neither theMilitary Munitions Rule provisions in 40 CFR 266, which was promul-gated after the ROD was issued, nor the storage requirements forhazardous waste in 40 CFR 262 and 264 are cited as applicable or relevantand appropriate regulations for managing O/E. Instead, the ROD di-rectly cites the DDESB standards (DOD 6055.9 STD via AR 385-64). Thisis consistent with the subsequently promulgated Military MunitionsRule. Via the Military Munitions Rule, the DDESB standards for storageof waste military munitions have been validated by the EPA as anacceptable alternative to RCRA for storing waste military munitions.

In addition to the ROD requirements cited above (DOD 6055.9 andAR 385-64), RMA has decided to take a more conservative approach withrespect to managing unstable O/E by incorporating several additionalsets of military guidelines. The EP 1110-1-17, the 60 series of ArmyTechnical Manuals, Joint TB 700-2, EP 75-1-2, and AR 75-15 have all beenincorporated into the RMA O/E management procedures.

SUMMARYRMA has developed a logical, safe, and compliant approach to managing

unstable O/E recovered in the course of conducting the CERCLA-man-dated remedy. This approach balances public safety, worker safety, andprotection of the environment. It considers and utilizes substantive require-ments from EPA, state, DA, and DOD sources. While the ROD does notinvoke a number of these sources for guidance nor consider them directlyrelevant to site operations, they were used as the basis for developing a setof emergency response procedures. These procedures have enabled the safeand compliant disposal of numerous items found during the course of theremedy without incident. Most notably, these procedures provide anexample of the successful use of DDESB standards in lieu of traditionalRCRA storage standards as provided in the Military Munitions Rule. ❖

NOTES1. Foster Wheeler Environmental Corporation, Final Record of Decision for the On-PostOperable Unit, June 1996.

2. Army Regulation 75-15, Responsibilities and Procedures for Explosive OrdnanceDisposal, November 1978.

3. Rocky Mountain Arsenal Remediation Venture Office, Emergency ResponseIntegrated Contingency Plan, February 2002.

4. DOD Joint Technical Bulletin 700-2, DOD Ammunition and Explosives Hazard



Classification Procedures, January 1998.

5. Foster Wheeler Environmental Corporation, Site-Wide Remediation ProjectsRemediation Waste Management Plan, May 2002.

6. U.S. Army Corps of Engineers Engineering Pamphlet 75-1-2, Unexploded OrdnanceSupport During Hazardous, Toxic, and Radioactive Waste and Construction Activities,November 2000.

7. Department of Defense 6055.9 Standard, DOD Ammunition and Explosives SafetyStandards, August 1997.

8. Department of Army Pamphlet 385-64, Ammunition and Explosives Safety Standards,December 1999.

9. U.S. Army Corps of Engineers Engineering Pamphlet 1110-1-17, Establishing aTemporary Open Burn and Open Detonation Site for Conventional Ordnance andExplosives Projects, July 1999.

ordnance and explosives emergency response at a cercla site: an environmental compliance perspective

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