Attachment H - Interim Guidance for CWM Responses.pdf

DEPARTMENT OF THE ARMY

OFFICE OF THE ASSISTANT SECRETARY

INSTALLATIONS AND ENVIRONMENT

110 ARMY PENTAGON

WASHINGTON DC 20310.{)110

APR 1 20119

SAIE(ESOH)

MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Interim Guidance for Chemical Warfare Material (CWM) Responses

1. The enclosed Interim Guidance (Enclosure 1) is provided for immediate implementation. This guidance supersedes the Office of the Assistant Secretary of the Army's (Installation, Logistics and Environment) September 5,1997 Interim Guidance for Biological Warfare Material and Non-Stockpile Chemical Warfare Material (CWM) Response Activities, only as it relates to CWM response activities. This Interim Guidance will remain in effect until replaced by an Army Regulation and corresponding Department of the Army Pamphlet.

2. Compliance with this Interim Guidance will help ensure the protection of human health and the environment during munitions responses and other activities (e.g., range clearance activities) known or suspected to involve CWM or other munitions or materials of interest (i.e., munitions or material that contain an unknown liquid fill).

Compliance will also ensure that this material is properly safeguarded and that proper accountability is maintained. Among other matters, this Interim Guidance addresses:

a. The conduct of munitions responses that involve CWM (also known as non stockpile chemical warfare munitions or buried chemical warfare material or munitions) or other munitions or material of interest, and chemical agent identification sets (CAIS) that contain neat agent or dilute nerve agent.

b. Requirements for safeguarding recovered CWM (RCWM) and other munitions or material of interest that are involved in an explosives or munitions emergency, encountered during a planned CWM response, or encountered either during planned CWM response or other environmental responses, construction work, or other activities.

c. Procedures for addressing CAIS that contain dilute chemical agents (CA) or industrial chemicals as hazardous waste.

d. Compliance with Chemical Weapons Convention (CWC) requirements.

e. Requirements for accounting for and inventorying RCWM and other munitions and material of interest.

3. This Interim Guidance has been coordinated with the Department of the Army Chemical Agent Safety Council, as well as other Army offices and organizations with responsibilities (Enclosure 2) related to CWM Responses.

4. My point of contact is Mr J C King, Assistant for Munitions and Chemical Matters, (703)697-5564, or email: jc.king@us_army.mil.

Enclosures Addiso . avis, IV Deputy Assi Secretary of the Army

(Environmen afety and Occupational Health)

DISTRIBUTION:

Assistant Chief of Staff for Installation Management Commanding General. U.S. Army Installation Management Command Deputy Chief of Staff for Operations and Plans The Surgeon General Program Manager for Chemical Demilitarization Director of Army Safety Director, U.S. Army Nuclear and Chemical Agency Director, U.S. Army Technical Center for Explosives Safety Director, Edgewood Research, Development and Engineering Center Chief, National Guard Bureau Chief. Army Reserve Commander in Chief

U.S. Army Europe and Seventh Army

Commanders:

Eighth U.S. Army Military Traffic Management Command U.S. Army Corps of Engineers U.S. Army Pacific U.S. Army South U.S. Army Special Operations Command U.S. Army Medical Command U.S. Army Intelligence and Security Command U.S. Army Criminal Investigation Command U.S. Army Training and Doctrine Command

SUBJECT: Interim Guidance for Chemical Warfare Material (CWM) Responses

DISTRIBUTION CONTINUED:

U.S. Forces Command U.S. Military District of Washington U.S. Army Material Command U.S. Army Space and Strategic Defense Command U.S. Army Chemical and Biological Defense Command U.S. Army Center for Health Promotion and Preventive Medicine U.S. Army Environmental Command U.S. Army Medical Research Institute of Infectious Disease

ENCLOSURE 1: INTERIM GUIDANCE

Interim Guidance 1

(Draft Army Regulation XXX) 2

Chemical 4

Warfare Materiel 5

Responses and 6

Related 7

Activities 8

Distribution Restriction Statement. 9

Destruction Notice. 10

Headquarters 11 Department of the Army 12 Washington, DC 13 1 April 2009 14

UNCLASSIFIED15

Summary 1

This regulation- 2

• Defines Chemical Warfare Materiel (CWM) Response Related Terms. 3

• Addresses Chemical Weapons Convention (CWC) considerations when CWM is confirmed. 4

• Presents Army procedures for Chemical Warfare Materiel responses and explosives or munitions 5 emergencies that involve munitions with an unknown liquid or chemical agent (CA) fill and 6 Chemical Agent Identification Sets (CAIS) that contain neat agent or dilute nerve agent. 7

• Presents Army procedures for addressing all other CAIS as hazardous waste. 8

• Relates the importance of public affairs planning and communications during response activities.9 i

History. This printing publishes a new Army Regulation (AR). 2 Summary. This regulation prescribes Department of the Army (DA) procedures for conducting chemical warfare 3 materiel (CWM) responses and actions to be taken should CWM (to include chemical agent identification sets (CAIS) 4 that contain neat agent or dilute nerve agent) or munitions with an unknown liquid fill be encountered either during 5 planned CWM response or during other environmental responses, construction work, or other activities. It also 6 addresses procedures for addressing all other CAIS as hazardous substances. This regulation includes procedures 7 for the protection of human health and the environment. This regulation relates the importance of working with 8 environmental regulators and safety officials, and implementing a public outreach program during response activities. 9 This regulation provides information for compliance with Chemical Weapons Convention (CWC) requirements. 10 Applicability. This regulation applies to Active Army, Army National Guard, U.S. Army Reserve and Army civilian 11 employees who respond to discoveries of CWM, other munitions and material of interest, or CAIS that contain neat 12 agent or dilute nerve agent and for conducting CWM responses. The PAM also applies to construction or 13 environmental response conducted at a site with a history of CWM- or CAIS-related activities. 14 Proponent and Exception Authority Statement. The proponents of this regulation is the Office of the Chief of 15 Staff, Army (CSA). The CSA has the authority to approve, after coordination with the Office of the Deputy Assistant 16 Secretary of the Army for Environment, Safety and Occupational Health, exceptions to this regulation that are 17 consistent with controlling law and regulation. The proponent may delegate this approval authority in writing. 18 Interim Changes. 19 Suggested Improvements. Users are invited to send comments and suggested improvements on DA Form 2028 20 (Recommended Changes to Publications and Blank Forms) directly to Chief of Staff, ATTN: DACS-SF, 200 Army 21 Pentagon, Washington, DC 20310-0200. 22 Distribution. Distribution of this publication is made in accordance with the special distribution list provided by the 23 proponent, intended for command levels C, D, and E for the Active Army, the Army National Guard, and the U.S. 24 Army Reserve. 25 ii

Contents (Listed by paragraph and page number) 2 Chapter 1 4 Introduction, page 1 5 Purpose • 1-1, page 1 6 Concept • 1-2, page 1 7 Provisions • 1-3, page 1 8 Certificates of Risk Acceptance (Waivers/Exemptions) • 1-4, page 1 9 Chapter 2 11 Information, page 2 12 Background • 2-1, page 2 13 Types of materiel addressed during response actions • 2-2, page 2 14 Materials not considered to be chemical warfare materiel • 2-3, page 3 15 Chapter 3 17 RCWM Response Activities, page 4 18 Types of responses • 3-1, page 4 19 CWM site activities • 3-2, page 4 20 Probability of encountering CWM determination • 3-3, page 5 21 Required safety submissions • 3-4, page 6 22 Preoperational surveys • 3-5, page 6 23 Assessment • 3-6, page 7 24 Accountability and custody • 3-7, page 8 25 Security • 3-8, page 9 26 Inventory • 3-9, page 9 27 Chemical event reporting requirements • 3-10, page 9 28 Chapter 4 30 Management of Waste and Other Material, page 10 31 Waste management • 4-1, page 10 32 Material potentially presenting a chemical agent hazard • 4-2, page 10 33 Chemical agent (CA)-contaminated media • 4-3, page 10 34 Chapter 5 36 Decontamination, page 12 37 Decontamination operations • 5-1, page 12 38 Site work areas • 5-2, page 12 39 Facilities for showering and redressing • 5-3, page 12 40 Command and control • 5-4, page 12 41 Decontamination of personnel upon egress from EZ • 5-5, page 12 42 Equipment decontamination plan (EDP) • 5-6, page 13 43 Decontamination of material • 5-7, page 13 44 Chapter 6 46 Storage, page 15 47 General • 6-1, page 15 48 Interim holding facility (IHF) • 6-2, page 16 49 Security • 6-3, page 16 50 Vulnerability assessments • 6-4, page 18 51 iii

Chapter 7 3 Treatment, page 20 4 Disposition of RCWM • 7-1, page 20 5 CWM responses • 7-2, page 20 6 Chapter 8 8 Medical Support, page 21 9 Operational concepts • 8-1, page 21 10 On-site medical supplies/equipment • 8-2, page 21 11 Medical support agreements • 8-3, page 21 12 Training • 8-4, page 21 13 Surveillance • 8-5, page 22 14 Chapter 9 16 Protective Clothing and Equipment, page 23 17 Hierarchy • 9-1, page 23 18 Operational constraints when using PPE • 9-2, page 23 19 Protection levels • 9-3, page 23 20 Chapter 10 22 Protective Practices, page 24 23 Cardinal principle • 10-1, page 24 24 Emergency response planning • 10-2, page 24 25 Planning considerations • 10-3, page 25 26 Emergency operations and protective actions • 10-4, page 25 27 Engineering controls • 10-5, page 26 28 Risk management/assessment • 10-6, page 27 29 Emergency procedures • 10-7, page 27 30 Chapter 11 32 Monitoring, page 29 33 CA monitoring • 11-1, page 29 34 Casualty monitoring • 11-2, page 30 35 Perimeter monitoring • 11-3, page 30 36 First entry monitoring • 11-4, page 31 37 Headspace monitoring • 11-5, page 31 38 Monitoring strategy for RCWM-related operations • 11-6, page 31 39 Equipment decontamination verification monitoring • 11-7, page 32 40 Requirements for screening wastes • 11-8, page 32 41 Environmental screening levels for CA • 11-9, page 32 42 Screening of environmental samples • 11-10, page 33 43 Monitoring of personal protective equipment for laundering • 11-1, page 33 44 Chapter 12 46 Training, page 34 47 CA-related training • 12-1, page 34 48 Chemical hazard training • 12-2, page 34 49 Training plan • 12-3, page 35 50 Emergency and spill response training • 12-4, page 35 51 Training records • 12-5, page 35 52 iv

Chapter 13 1 Shipping/Transport, page 36 2 Transportation of RCWM • 13-1, page 36 3 On-site transport • 13-2, page 36 4 Off-site transport • 13-3, page 36 5 Transportation plans • 13-4, page 36 6 Chain of custody • 13-5, page 36 7 Packaging of RCWM for transportation • 13-6, page 36 8 Chapter 14 10 Forms, Reports, and Documentation Requirements, page 37 11 Chemical event reporting requirements • 14-1, page 37 12 Personal protective equipment generic approval • 14-2, page 39 13 List of Tables 15 Table 4-1: Hazardous Waste Control Limits and Health-Based Environmental Screening Levels for Soil, 16 page 11 17 Table 10-1: Distinctions Among Protective Action Options, page 27 18 Table 11-1: Land Disposal Restriction Levels, page 33 19 List of Figures 21 Appendixes 24

A. References, page 40 25 B. Munitions Response Chemical Safety Submissions (MRCSS) and Quantity Distance Safety 26

Submission, page 45 27 C. Preoperational Survey Procedures, page 48 28 D. Materiel Assessment Review Board Charter and MOA, page 56 29 E. Chemical Event Report, page 61 30 F. Sample Outline for Vulnerability Assessment Documentation, page 64 31 G. Sample MOAs for Medical Support, page 65 32 H. Sample Outline – Interim Holding Facility (IHF) Plan, page 71 33 I. Chemical Weapons Convention Schedules of Chemicals, page 75 34 J. Chemical Weapons Convention Considerations, page 78 35 K. Treatment of Chemical Agent Identification Sets as Hazardous Waste, page 80 36

Glossary39

Chapter 1

Introduction

1-1. Purpose

a. This regulation prescribes Department of the Army (DA) procedures for conducting chemical warfare materiel (CWM) responses and actions to be taken should CWM (to include chemical agent identification sets (CAIS) that contain neat agent or dilute nerve agent) or munitions with an unknown liquid fill be encountered either during planned CWM response or during other environmental responses, construction work, or other activities. When recovered CWM, other munitions or material of interest (i.e., munitions or material that contain an unknown liquid fill), or CAIS that contain neat agent or dilute nerve agent are assessed and determined to contain chemical agent (CA), they are recovered CWM (RCWM). It also provides procedures for addressing all other CAIS as hazardous substances (see appendix K). This regulation addresses procedures for the protection of workers, the public, and the environment during such responses, consistent with applicable laws and regulations.

b. Overseas commands will meet the provisions of this regulation or requirements of the host government whichever is more stringent.

c. This regulation does not apply to procedures used by Explosive Ordnance Disposal (EOD) during explosive or munitions emergencies (Level 1 and Level 2 as defined in AR 75-15) that involve CWM or munitions with an unknown liquid fill; however, its provisions govern storage, accountability and security of RCWM during such explosives or munitions emergencies.

1-2. Concept

a. Where there is conflict, this regulation takes precedence over previously issued policy letters, technical manuals (TMs), field manuals (FMs), supply bulletins (SBs), technical bulletins (TBs), other DA pamphlets, and ACOMs’, ASCCs’, and DRUs’ regulatory documents.

b. Restrictions imposed by local governing agencies will be followed as required.

c. Munitions with an unknown liquid fill are not suspected to be RCWM, but for explosives safety purposes such munitions will be managed as such until a definitive determination is made as to the fill.

1-3. Provisions

a. This regulation has mandatory procedures and guidance, as well as preferred and acceptable methods of accomplishing a CWM response.

b. RCWM is not surety material.

c. The words “shall,” “will,” and “must” are used to state mandatory requirements. Deviation from these provisions requires a Certificate of Risk Acceptance per the provisions of AR 385-10 and DA PAM 385-30.

d. The word “should” indicates an optional or preferred method of accomplishment. Deviation from these provisions requires written authorization from the local commander or senior manager, or a designee of the commander or senior manager.

e. The word “may” indicates an acceptable or suggested means of accomplishment.

1-4. Certificates of Risk Acceptance (Waivers/Exemptions)

a. Existing waivers and exemptions will not be renewed.

(1) Waivered deviations that have not been rectified will be addressed under a Certificate of Risk Acceptance.

(2) Exempted conditions that have not been rectified will be addressed under a Certificate of Risk Acceptance at their next scheduled review date.

b. Certificates of Risk Acceptance will replace all waivers and exemptions by 1 October 2011.

c. All explosive safety risk will be accepted at the appropriate level in accordance with DA

PAM 385-30.

Chapter 2

Information

2-1. Background

a. During the early part of the 20th century, chemical agents (CA) and munitions (collectively referred to as chemical warfare materiel or CWM) were produced for use in chemical warfare. CWM is generally configured as a munition containing a chemical compound that is intended for use in military operations to kill, seriously injure, or incapacitate a person through its physiological effects.

b. Military munitions that contain a CA fill pose a unique set of hazards. Certain hazards posed by CWM are directly attributed to the presence of a CA.

c. CA is a chemical compound that, through its chemical properties, produces lethal or other damaging effects on human beings and is intended for use in military operations to kill, seriously injure, or incapacitate persons through its physiological effects. This definition is based on the definition of “chemical agent and munitions” found in 50 USC 1521(j)(1).

d. Over the years, the DOD has conducted CWM-related activities (e.g., production, live-fire, testing, disposal) at military installations throughout the United States. Because of these past activities, CWM may be known or suspected based upon physical or historical evidence to be present at certain locations as unexploded ordnance (UXO), discarded military munitions (DMM), containers of CA (e.g., one-ton containers, laboratory vials, or as vials of neat or dilute nerve agent from CAIS). Chemical munitions may be either explosively configured (i.e., contain an explosive component) or non-explosively configured.

e. While some areas known or suspected to contain CWM are on active military installations, some have been released from DOD control to other federal agencies or for public uses. Any ground disturbing activities (e.g., construction, range modernization) or planned response actions at these locations may result in an encounter with CWM.

2-2. Types of materiel addressed during response actions

a. Chemical munitions. Such munitions, which included projectiles, rockets, mines, and bombs, may have been manufactured by the United States or foreign countries. The definition of chemical weapons (CW) that is contained in the CWC is broader and more encompassing than CWM as defined in this regulation. (See Appendix J).

b. Bulk CA containers. Such containers include, but are not limited to 55-gallon drums and 1-ton containers.

c. Miscellaneous containers (e.g., laboratory bottles) that, based on location, may contain CA.

d. Munitions with unknown liquid fills.

(1) For explosives and chemical safety reasons, the positive identification of recovered munitions is required before demilitarization, destruction or disposal. This is particularly true with regard to munitions, which could be filled with CA, that could present both an explosive and a downwind chemical vapor hazard.

(2) Many munitions have sufficient physical properties (e.g., design characteristics, markings) that allow technically qualified personnel to positively identify the munition and the potential fill. However, the design or physical condition of some munitions may not allow their positive identification by visual inspection alone. Regardless of a munition’s physical characteristics, the CA fill can normally only be determined by non-intrusive assessment. (See paragraph 2.2.d(5) below.)

(3) Munitions whose external design does not always allow positive identification of their fill include, but may not be limited to: 4.2-inch mortars (M1, M2, and the M2A1 models), the Livens projectiles (MK II (M1) and MKIIAI), and foreign chemical munitions.

(4) The identification of the fill of some munitions is very difficult, if not impossible through visual inspection alone. This is particularly true when a munition has been used or otherwise impacted (e.g., after attempted demilitarization using ineffective methods) or exposed to the environment (e.g., buried as a means of disposal) for years.

(5) When a munition contains or is suspected to contain an unknown liquid fill, it will normally be assessed using non-destructive testing (e.g., by X-ray, by use of a portable isotopic neutron spectroscopy system), with the assessment provided to the U.S. Army’s Materiel Assessment Review Board (MARB) for determination of most likely fill.

e. Chemical Agent Identification Sets (CAIS).

(1) Also known as war gas identification sets, these training sets were produced by DOD between the 1930's and 1960's for use in training military personnel safely to identify, handle, and decontaminate CA. There are three major varieties of CAIS. These include identification or sniff sets, detonation sets, and bulk agent sets. There were 17 different types of vials produced for use in CAIS. These vials contained a variety of dilute or neat CA (e.g., mustard, Lewisite) or industrial chemicals (e.g., phosgene).

(2) The Army issued CAIS for use in training until the mid-1960s. In the late 1970s and early 1980s, the Army destroyed 21,458 CAIS that had not been issued for training. The Army considered CAIS that had been issued for training to have been expended (consumed) in training; however, some are known to have been disposed of by burial. At the time, burial was an authorized method of disposal of excess CAIS.

(3) CAIS and CAIS vials that are determined to contain dilute CA or industrial chemicals are managed as hazardous waste (see Appendix K), the exception is CAIS components that contain neat CA (i.e., CAIS K941 and CAIS K942) and any CAIS found to contain dilute nerve agent..

(4) Because their use is not prohibited by the CWC, there is no CWC declaration, destruction or verification required or associated with CAIS (see Appendix J).

2-3. Materials not considered to be chemical warfare materiel

a. Riot control agents, chemical herbicides, smoke- and flame-producing items, recovered soil, and debris contaminated with CA are not considered CWM and will be identified, handled, and managed in accordance with 29 CFR 1910.120, 40 CFR 260-279, and/or 40 CFR 300, and where applicable, equivalent State regulations. Certain substances identified as riot control agents by the U.S. may be considered CW (CWM) under the CWC. (See Appendix I, Appendix J.)

b. CAIS containing dilute CA or industrial chemicals are not considered CWM. CAIS containing neat CA (i.e., CAIS K941 and CAIS K942) or dilute nerve agent are considered CWM.

Chapter 3

RCWM Response Activities

3-1. Types of responses

a. A CWM response:

(1) Is a planned munitions response at a munitions response site (MRS) known or suspected to contain CWM. Such MRS are referred to as CWM sites. A planned response that involves CWM may also be conducted at other locations (e.g., operational ranges) where CWM or munitions with an unknown liquid fill have been encountered and an explosives and munitions emergency is not warranted or sufficient to address the hazards present. During such responses, safety, particularly with regard to the potential hazards associated with CA, is a primary consideration during planning. DOD normally conducts such responses under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). Such response may include the temporary storage of recovered munitions with an unknown liquid fill or any munitions determined to be RCWM, assessment of the fill, and on site destruction using specialized contained detonation technology.

(2) Requires submission of a Munitions Response Chemical Safety Submission (MRCSS) or a CWM site plan. CWM responses will be conducted per a DOD Explosives Safety Board (DDESB)-approved MRCSS; and associated work plans (WPs) and site safety and health plans (SSHP) or Accident Prevention Plan (APP). .

b. Because an explosives and munitions emergency can occur at any time, even during a munitions response, the above submissions and plans will address how an explosives and munitions emergency will be managed. Within DOD, responses to requests for support of an explosives or munitions emergency are limited to EOD personnel, to include EOD personnel from the 20th Support Command (Chemical, Biological, Radiological, Nuclear, and High-yield Explosives) (CBRNE)’s CBRNE Analytical and Remediation Activity (CARA). These explosives and munitions emergency response specialists take immediate action to control, mitigate, or eliminate any imminent and substantial endangerment to public health or the environment.

3-2. CWM site activities.

a. Mixed sites. Some CWM sites may also contain conventional munitions or explosives of concern

(MEC) (e.g., UXO, DMM), hazardous toxic radiological wastes, or both. At such sites, the hazard that poses the greatest immediate risk to workers or the public will be addressed before, or in concert with, any hazard posing less risk, with any other hazards mitigated to the greatest extent possible.

b. Response activities

(1) General:

(a) CWM responses activities will be conducted per CERCLA and the NCP and other applicable federal, state, and local laws and regulations.

(b) Planning and coordination with environmental regulators (e.g., the U.S. Environmental

Protection Agency (EPA), state) and safety officials (e.g., emergency responders, law enforcement personnel) and, when appropriate, American Indians and Alaskan Native authorities, is critical to implementing any response in a manner protective of human health and the environment.

(c) Early and continuous stakeholder involvement and outreach is important to ensuring the public is informed about planned activities and public concerns are understood and addressed.

(d) Upon the first discovery of CWM or a munition with an unknown liquid fill, the installation, garrison or district commander will submit a chemical event report (CER) per Chapter 14 of this regulation.

(e) Once EOD determines that an explosives or munitions emergency involves a munition with an unknown liquid fill, or a chemical munition or other CWM, the need for support from and close coordination with other DOD agencies on required response actions is mandatory. This is particularly true for assessment of munitions with an unknown liquid fill and the final disposition of RCWM. Such agencies include, but are not limited to CARA, the Program Manager for Non-Stockpile Chemical Material, and the Army Secretariat and Office of the Secretary of Defense (OSD). In addition, the need for coordination and collaboration with state and federal authorities, to include environmental regulators and safety officials, on the response is necessary.

(f) Certain CWM response activities (e.g., identification of a recovered munition as CWM, storage or planned destruction of CWM) may require compliance with the Chemical Warfare Convention (CWC) (see Appendix J).

(g) Rights-of-entry, other access arrangements, or an easement are normally required for the conduct of CWM responses. For explosives or munitions emergencies, entry will normally be coordinated with local, state, or federal authorities.

(2) Scope:

(a) The scope of any explosives or munitions emergency response will be limited to assessing the situation and isolating and removing any immediate explosive or CA hazards. EOD's immediate responsibility is to ensure the protection of human health and the environment, by ensuring that any recovered munitions with unknown liquid fills are properly secured in place or over packed and secured, either at the location of discovery or at the closest military installation. Once these protective measures are in place and the supported activity or EOD makes required notifications, DOD will take those steps necessary to plan for the required assessment of munitions with an unknown liquid fill and disposition of any RCWM involved. Once EOD determines that the immediate explosive hazard has been removed, emergency response activities may be terminated. When this has occurred, the U.S. Army Corps of Engineers (USACE), for formerly used defense site (FUDS), or the Installation Commander, for active installation and base realignment and closure (BRAC) sites, will determine, per Defense Environmental Restoration Program (DERP) procedures, whether a CWM response is required.

(b) Anomaly Avoidance and CWM response activities. Prior to initiation of any planned investigation activities at a CWM site that involves ground disturbing activities (e.g., soil and water sampling, geophysical analysis, installation of monitoring wells) during which anomaly avoidance techniques will be used, site-specific safety and health plans are required. CWM response activities (e.g., surface removal of UXO or DMM, investigation of detected anomalies, destruction of RCWM) that involve the intentional physical contact with MEC or CA, regardless of configuration, or the conduct of ground-disturbing or other intrusive activities in areas known or suspected to contain MEC or CA, regardless of configuration, requires:

1. An approved SSHP or APP.

2. A MRCSS that is prepared by the agency with overall responsibility for the response and approved by the Office of the Director of Army Safety (ODASAF) and the DDESB. (CWM response activities may also require a CWM site plan.) The MRCSS provides specifications for conducting CWM response activities (see Appendix B for CSS requirements). Amendments and corrections to the MRCSS will be approved and processed per DA PAM 385-64 and DODD 6055.09-STD. Amendments are only required when a change to an approved MRCSS increases explosives safety or CA risks, identifies requirements for additional or increased explosive or CA hazard controls, or increases or decreases an explosive safety quantity distance (ESQD) arc or chemical 1% hazard distance. Corrections, which are typically administrative in nature, are changes that do not have the potential for affecting worker or public safety.

3. The successful completion of a preoperational survey (see paragraph 3-5 below) and, if required, a tabletop exercise. (See Appendix C).

(c) When all CWM response activities covered by a DDESB-approved MRCSS are complete, an after action report, which is used to close out files maintained by the DDESB Staff, will be provided to the DDESB through command channels and the U.S. Army Technical Center for Explosives Safety

(USATCES).

3-3. Probability of encountering CWM determination Installation or district commanders will conduct an assessment of the probability of encountering CWM prior to the conduct of ground disturbing (e.g., construction) or other intrusive activities (e.g., range clearance activities, environmental responses), other than a CWM response, at CWM sites or sites where previous encounters with CWM have occurred or where there is evidence (e.g., historical or physical) that CWM may be present. This assessment will be documented and approved by the commander. The procedures follow:

a. Determine the scope of proposed activities.

b. Determine whether the site is listed on DOD’s inventory of CWM sites.

c. Review or conduct Munitions Response Historical Records Review or Archive Search Report to determine the probability of encountering CWM during ground disturbing or intrusive activities. The probability will be documented per DA PAM 385-30.

d. If the probability of encountering CWM is categorized as “Seldom” or less, the commander or a designated representative may accept the risk of conducting activities as a non-CWM site. However, the safety and health plan for the response will include contingency plans for an explosives or munitions emergency response should CWM be encountered. CWM contingency plans will be approved by the commander or a designated representative.

e. If, during site activities, a munition with an unknown liquid fill or CWM is encountered, all intrusive response activities will be halted until such time as the fill is determined.

f. If the fill is determined to be CWM, the commander, in coordination with Headquarters, USACE, and USATCES, will evaluate the circumstances and determine whether:

(1) The activity should be continued:

(a) As planned; or

(b) With modifications to address the potential to encounter additional CWM.

(2) A CWM response is required prior to continuing.

3-4. Required safety submissions

a. General

(1) Appendix B outlines the content and submittal requirements for safety submissions.

(2) A complete copy (e.g., with all required maps and enclosures) of the required safety submissions will be provided the U.S. Army Technical Center for Explosives Safety, ATTN: SJMAC-ESM, 1 C Tree Road, Building 35, McAlester, OK 74501-9053.

(3) Required safety submissions will be prepared or formally endorsed by the responsible mission or garrison safety director/manager to assure that appropriate safety standards and necessary precautions are incorporated.

b. CWM Site Plans.

(1) CWM site plans will be submitted per DA PAM 385-64 and DA PAM 385-65.

(2) Installations, units, and contractor activities will forward site plans through engineering and safety channels to the Army Headquarters as instructed by the Army Headquarters. The Army Headquarters approval authority will-

(a) Indicate specifically in the letter of transmittal its approval of the proposal, along with changes, modifications, or specific precautionary measures considered necessary.

(b) Submit correspondence and site plans in duplicate to the Director, USATCES.

(3) Normally, notification of DDESB approval on properly prepared and submitted routine plans can be expected within 90 days.

(4) To facilitate a thorough review and obtain final approval, reference Appendix B for the minimum information required.

3-5. Preoperational surveys.

a. A preoperational survey is a valuable tool for use prior to conducting certain CWM response activities. Such activities may include, but may not be limited to the conduct of simulated ground-disturbing or other intrusive activities at a CWM site or other areas known or suspected to contain CWM, activities that involved the intentional physical contact with RCWM, the assessment of munitions with an unknown liquid fill, and the destruction of RCWM.

b. Preoperational surveys, which are intended to evaluate the readiness of those organizations performing or supporting CWM response activities to conduct operations safely, are routinely the final step to gaining Command approval to conduct an operation. These surveys:

(1) Are based on the approved safety submission, incorporate personnel interviews, records review, equipment and material inventories and performance tests, and simulation of planned work and emergency response activities.

(2) Provide the Command a means to determine that the personnel, equipment, and materiel required for safe operations are on site, personnel are trained and qualified to perform work assignments, and work procedures and safety controls are appropriate for required tasks, effective in accomplishing the work objectives, and provide for an adequate level of safety.

(3) Include a dry run conducted by operational personnel using dummy or inert material and associated PCE. (Note: Although some simulations may be required, they should be kept to a minimum and must be approved by survey team leader.)

c. The Army Command, ASCC, or DRU with responsibility for the overall operation or CA mission (e.g., USACE for CWM responses; CMA for demilitarization, including destruction, of RCWM) is responsible for the conduct of a preoperational survey.

(1) The ACOM, ASCC, or DRU can delegate the conduct of a preoperational survey; however, this delegation may not be below colonel-level command. For USACE this responsibility may not be delegated below the Commander, U.S. Army Engineering and Support Center, Huntsville.

(2) AMC will chair any preoperational survey that involves the destruction of RCWM using contained destruction technology or directly supported by AMC personnel, and provide a recommendation for approval to the ACOM, ASCC, or DRU responsible for the operation.

(3) Each ACOM, ASCC and DRU will, when required, prepare a plan for the conduct of the preoperational survey that will meet the requirements of this regulation (see paragraph 3-5.h. below).

d. Depending on the scope and complexity of the operation to be evaluated, the preoperational survey team should include as many subject matter experts as necessary to evaluate the operation to be performed. Resources for survey teams may include, but may not be limited to: USACHPPM, Office of the Surgeon General (OTSG), USACE, USATCES, CMA, USDHHS, and others.

e. All agencies involved in a CWM response or similar activities that involve the recovery and assessment of munitions with an unknown liquid fill or the destruction of RCWM will normally participate in pre-operational surveys. The USATCES will participate in all such pre-operational surveys as technical advisor to and representative of the Office of the Director of Army Safety.

f. Preoperational surveys are not intended to be training events, nor are such surveys the time to draft safe work procedures.

g. Pre-operational survey will be conducted:

(1) Prior to the conduct of ground-disturbing or other intrusive activities at a CWM site or other areas known or suspected to contain CWM, activities that involved the intentional physical contact with RCWM, or the destruction of RCWM;

(2) Before the re-start of CWM-related activities for which a preoperational survey was conducted that have been interrupted for 90 or more consecutive days. (See paragraph 3-5.h.)

h. The preoperational survey will, as a minimum:

(1) Ensure all DDESB required explosives safety submissions (RESS) have been approved.

(2) Ensure that required WP, SSHP, and APP are completed and approved

(3) Ensure safety resources (e.g., fire and medical support) are qualified and available.

(4) Include a simulated operation that is:

(a) Conducted by operational personnel using dummy or inert material and all required protective clothing and equipment (PCE).

(b) Demonstrates the proficiency of operational and support personnel in all operational phases, and compliance with the MRCSS, CWM site plan, applicable federal, state, and local regulations, and approved plans and procedures.

i. Under certain conditions the command may determine that a limited-scope preoperational survey is sufficient to assess the planned conduct of a specific function, evaluate the safety of on-going or planned activities or the readiness of crews or support personnel to conduct, including the re-start operations. In such situations, the Army Command, ASCC, or DRU with responsibility for the overall operation or CA mission is responsible for determining the scope of the limited-scope preoperational survey and the makeup of the survey team. (See paragraph C-5.)

3-6. Assessment

a. For explosives and chemical safety reasons, the positive identification of recovered munitions is required before destruction or disposal. This is particularly true with regard to munitions that can be filled with CA that could present a downwind chemical vapor hazard. Although many munitions have sufficient physical properties (e.g., design characteristics, marking) to allow the munitions and filler to be identified, some (e.g., 4.2-inch mortars, Livens projectiles) do not. In addition, the physical condition

(e.g., weathered, deteriorated) of some munitions may not allow their complete identification by visual inspection.

b. When a munition with a liquid fill or a container (e.g., laboratory vial, dispenser) that is suspected (based on type or circumstance of recovery) to contain CA is discovered, it will be assessed using non-intrusive means (e.g., X-ray, Raman Spectrometer, portable isotopic neutron spectroscopy (PINS)) to determine if it is CWM, if it has a CA fill and the most probable type of CA.

(1) Assessments will be conducted by CARA.

(2) Assessments will be based on circumstances of the discovery, gross- or low-level monitoring, visual examination, physical characteristics, x-ray imagery, and other non-intrusive tests as appropriate.

(3) When a positive determination cannot be made concerning the type CA fill, the most hazardous potential CA fill for the type munition involved will be used.

(4) The MARB (see Appendix J) will analyze the assessment data to verify the fill, identify the most likely CA fill by type and, when EOD has determined the risk of movement of the munitions is acceptable, recommended disposition. Data and recommendations from the MARB will also be used to assist in determining a munition’s declarability under the CWC.

3-7. Accountability and custody

a. The Army’s Chemical Material Agency (CMA), as the National Inventory Control Point (NICP) for

CWM, will establish and maintain accountability for any liquid-filled munition and any liquid in other than a munitions configuration that the MARB determines most likely contains a CA fill. CMA will establish and maintain this accountability regardless of the circumstance (i.e., an explosives or munitions emergency; a planned CWM response; other activities, such as range clearance activities) under which a munition with an unknown liquid fill is recovered.

b. When a military munition with an unknown liquid fill is encountered during an explosives and munitions emergency, a planned CWM response or other activities, custody of the munition will be established and maintained until such time as the fill is determined (see 2.2.d(5)) and final disposition is made. The Army (CMA) will be responsible for accountability of any RCWM pending its final disposition.

The following procedures apply:

(1) The responding EOD team, regardless of Service, upon encountering a munition with an unknown liquid fill (i.e., the filler is liquid and the fill cannot be positively identified as CA or a CA fill cannot be ruled out) the team will:

(a) Positively identify the type munition involved, its fuze, and the fuze’s condition.

(b) Determine:

1. Whether the munition’s condition allows for it to be safely moved, transported, and stored pending its assessment and final disposition.

2. Whether the munition contains a liquid line using organic x-ray equipment or x-ray equipment on loan from local law enforcement (LLE).

(c) If authorized, place the munition in double 6 mil or greater plastic bags or wrap the munition in 6 mil or greater plastic sheets; and place it in either a propellant charge can or a multi round container.

(d) Request support from the 20th Support Command (CBRNE)’s Operations Center at 410.436.6200.

(e) Take appropriate action to mitigate any hazards posed by the recovered munition.

(f) If required, guard the munition until CARA’s arrival or, if authorized, transport the munition to a secure, safe storage area (see Chapter 6). (Note: In some circumstances, LLE may agree to provide security pending CARA’s arrival).

(2) CARA’s EOD element will:

(a) Determine whether the munition’s condition allows for it to be safely moved, transported, and stored pending its assessment and final disposition.

(b) Determine using organic x-ray equipment whether the munition contains a liquid line.

(c) Depending on the munition’s condition:

1. Place the munition in double 6 mil or greater plastic bags or wrap the munition in 6 mil or greater plastic sheets; and place it in either a propellant charge can or a multi round container; or

2. Secure the munition in place under double 6 mil or greater plastic sheets with sand bags, weights or other suitable methods (see 6-1); and

(d) Establish a chain of custody by completing a DD Form 1911 (Materiel Courier Receipt) (DD 1911), as follows:

1. The “Shipper’s Control/Document Number” will be the EOD Incident Report Number, or a three letter site or installation abbreviation, the sequential number for discovery of unknown liquid-filled munitions and the date time group.

2. The “Shipper” will be the responding EOD Unit or site or installation, with the “Supply Account Number” left blank.

3. The Destination will be the location of the munition’s discovery with the “Supply Account Number” left blank. For an explosives and munitions emergency response, list the incident location (e.g., address). For a site or installation, list the site or installation.

(e) Subsequent transfers will be recorded on the DD 1911. The Shipper’s Control/Document will remain the same, until the munitions final disposition. Each person in the chain of custody will maintain a copy of the DD 1911.

(f) When, during an explosives or munitions emergency, CARA takes custody of a munition from the responding EOD unit, the DD 1911, will indicate CARA as the recipient, with team leader’s name also printed. CARA’s team leader will sign the DD 1911. Upon transfer of custody to the nearest military installation capable of safe storage of Category II ammunition and explosives (AA&E) (munitions (AA&E)), the installation will be listed as the recipient, with name of the installation’s representative that takes custody and is responsible for storage also listed. The installation and storage location (building number) will be indicated as the location of transfer. The installation representative will sign and retain the DD 1911. A DA 3020-R (Magazine Data Card) (MDC) or equivalent Service form will be completed for the storage location.

1. Upon transfer of any munition determined to be RCWM from the installation to CMA for destruction, the DD 1911 will be completed and retained by CMA, with a copy provided to the NICP and the installation. The MDC will be annotated and retained by the installation per Service or installation requirements.

2. Upon transfer of any munition determined not to be CWM and authorized for local disposition, the DD 1911 will be completed and the MDC annotated, filed or destroyed per Service or installation requirements.

(g) At a CWM site or installation, the site manager or designated installation representative will sign and maintain the DD 1911 and complete an MDC.

1. Upon transfer of any munition determined to be RCWM to CMA for destruction, the DD 1911 will be completed and retained by CMA, with a copy provided to the NICP and the site manager.

The MDC will be annotated and retained by the site manager or a designated installation representative.

2. Upon transfer of any munition determined not to be CWM and authorized for local disposition, the DD 1911 will be completed and the MDC annotated and filed and retained by the manager or designated installation representative.

(h) The remarks section of the DD1911 and the ACTION/PURPOSE section of the MDC will be annotated when transferred for assessment of the fill and for final disposition.

3-8. Security Munitions with an unknown liquid fill, and determined to be, RCWM will be stored and secured as Category II munitions (AA&E). The provisions of AR 190-11 (or Service regulations pertaining to Category II munitions (AA&E)) apply, with the exception of security requirements for on-site transport (see 13-2) within a MRS. A periodic inspection of the security procedures used at a CWM response site will be conducted by the headquarters of the activity responsible for storage.

3-9. Inventory Munitions and other material with an unknown liquid fill that have not been assessed, and RCWM will be inventoried when the area (e.g., IHF) in which they are stored is opened for any reason or at least once a year, with the inventory documented. Opening of over pack containers is not required. (See 6-1.f(1), 11- 4, and Appendix H.)

3-10. Chemical event reporting requirements Chemical events will be reported per Chapter 14 of this regulation.

Chapter 4

Management of Waste and Other Material

4-1. Waste management Waste, including secondary wastes, associated with responses, including explosives and munitions emergencies, or other activities that involve RCWM will be characterized and shipped per applicable federal, state and local laws and regulations. (See paragraph 5-7.) CWC requirements may apply (see Appendix J).

4-2. Material potentially presenting a chemical agent hazard Material Potentially Presenting a Chemical Agent Hazard will be managed in accordance with DOD 4140.62, Material Potentially Present an Explosive Hazard (MPPEH). The intent is to ensure that such material does not present a CA hazard when released or transferred within the Army to either a qualified receiver or released to the public. (See paragraph 5-7. below.)

4-3. Chemical agent (CA)-contaminated media CA-contaminated media (e.g., soil, water) and debris containing measurable amounts of CA is not CWM and will be managed in accordance with applicable federal, state and local laws.

a. The SSHP will address the procedures (e.g., personnel protection, monitoring, sampling, packaging, disposal) for the handling and disposition of CA-contaminated media for environmental responses that involved soil, water or other media known or suspected to be contaminated with CA.

b. When CA-contaminated soil is encountered and an air concentration is at or above the vapor screening level (VSL) short-term exposure limit (STEL) based on off-gas monitoring of the headspace of a container or of air in the immediate vicinity of the operation, appropriate personnel protective measures shall be employed. Contaminated soil may be packaged and shipped per DOT regulations and approvals to a receiving Treatment Storage Disposal Facility (TSDF) that is qualified to process the CA-contaminated soil per federal, state, interstate, and local laws and regulations. Contaminated soil shall be sampled, extracted and analyzed for determination of CA levels for consideration of decontamination, disposal, or reuse in accordance with the site waste management plan. .

c. Soil that is found to be at or above the Hazardous Waste Control Limit (HWCL) levels listed in table 4-1 by laboratory extraction and analysis shall be decontaminated to below the levels listed for the HWCL or to a level required by federal, state, interstate, and local laws and regulations.

d. When soil contaminated with CA is encountered and an air concentration is at or above the STEL based on off-gas monitoring of the headspace of a container or of air in the immediate area of the operation, appropriate personnel protective measures shall be employed and the CA-contaminated soil shall be decontaminated to below the HWCL levels of table 4-1, unless the CA-contaminated soil may be packaged and shipped per DOT regulations and approvals to a Treatment Storage Disposal Facility (TSDF) that is qualified to process the CA-contaminated soil per Federal, State, interstate, and local laws and regulations.

e. Records of disposition for CA-contaminated waste must be…