Attachment JL.1 Directives, Regulations, Definitions.doc

N62470-20-R-2004 N62470-20-R-2004

Attachment JL.1

Directives, Regulations, and Definitions

DEPARTMENT OF THE NAVY AND DOD GUIDANCE FOR MUNITIONS RESPONSE PROJECTS

Applicable references include but are not limited to the following. The Contractor shall use the latest version of all references.

Department of the Navy guidance available at http://doni.daps.dla.mil/default.aspx.

NAVSEA OP 5 – Ammunition and Explosives Ashore: Safety Regulations for Handling, Storage, Production, Renovation and Shipping. It is the policy of the Department of the Navy to maintain an effective and aggressive ordnance safety program throughout the Department. Adherence to the instructions and regulations contained in NAVSEA OP 5, “Ammunition and Explosives Safety Ashore” will provide a continuing, aggressive accident prevention program throughout all commands where military or civilian personnel are stationed or employed and ordnance equipment, ammunition, and explosives are used.

NOSSA INSTRUCTION 8020.15 – Military Munitions Response Program Oversight. This instruction provides definitions of terminologies, assigns responsibility and establishes procedures and reporting requirements for oversight, review, and verification of explosives safety aspects of the Navy Munitions Response Program (MRP).

OPNAV INSTRUCTION 3500.39 series, Operational Risk Management (ORM).

ORM is a method for identifying hazards, assessing risks and implementing controls to reduce the risk associated with any operation.

OPNAV INSTRUCTION 5090.1 series – Navy Environmental and Natural Resources Program

Manual. This manual provides Navy policy, identifies key statutory and regulatory requirements, and assigns responsibility for management of Navy programs for: a) cleanup of waste disposal sites, b) compliance with current laws and regulations for the protection of the environment, natural resources, and cultural and historic resources, c) conservation of natural resources, d) pollution prevention, and e) technology.

OPNAV INSTRUCTION 5330.13 series – Department of the Navy Physical Security for

Conventional Arms, Ammunition, and Explosives (AA& E). The intent of this instruction is to outline standards which will provide adequate protection against loss or theft of AA&E at DoN activities and contractor facilities.

OPNAV INSTRUCTION 8020.1 series – DoN Explosives Safety Policy (latest version). All DoN commands shall establish an Explosives Safety Program as described in the enclosed DoN Explosives Safety Policy Manual.

SECNAVINST 5100.10 series – Department of the Navy Policy for Safety, Mishap, Prevention, Occupational Health and Fire Protection Programs . This provides policy for DoN safety, mishap prevention, occupational health and fire protection programs afloat and ashore.

Department of Defense Guidance available at http://www.dtic.mil/whs/directives/.

DoD 4145.26-M, DoD Contractors’ Safety Manual for Ammunition and Explosives. This Manual is issued under the authority of, and in accordance with, DoD Instruction 4145.26, "DoD Contractors' Safety Requirements for Ammunition and Explosives," April 4, 1996. The Manual provides safety standards common to DoD and private industry ammunition and explosives (A&E) operations and facilities.

DoD 6055.9-STD, "DoD Ammunition and Explosives Safety Standards," October 1992, establishes these safety standards and serves as the primary source document from which this unclassified Manual is derived.

DoDI 4145.26, DoD Contractor’s Safety Requirements for Ammunition and Explosives. This initiative provides uniform baseline safety standards for DoD contractors performing contractual work involving ammunition and explosives. It also authorizes the Military Departments, when contractual work is to be performed at DoD-owned facilities, to apply their own selected ammunition and explosives and other safety standards and procedures to DoD contractors by inclusion within contracts.

DoD 4160.21-M Defense Disposal Manual. This manual implements the requirements of the

Federal Property Management Regulation (FPMR), and other laws and regulations as appropriate, as they apply to the disposition of excess, surplus, and foreign excess personal property.

DoD 4160.21-M-1, DoD Demilitarization Manual. All military items being disposed of must be evaluated for demilitarization requirements and subsequently demilitarized if required. This manual, authorized by DoD 4140.1-R, Department of Defense (DoD) Materiel Management Regulation, implements the requirements of the Federal Property Management Regulation (FPMR), and other laws and regulations as appropriate, as they apply to the disposition of excess, surplus, and foreign excess personal property (FEPP).

DoD Directive 4715.11, Environmental and Explosives Safety Management on Department of

Defense Active and Inactive Ranges within the United States. This Directive establishes policy and assigns responsibilities under DoD Directive 4715.1, “Environmental Security”, February 24, 1996 and DoD Directive 6055.9, “DoD Explosives Safety Board (DESB) and Component Explosives Safety Responsibilities,” July 1996 for (1) sustainable use and management of DoD's active and inactive ranges located within the United States, and (2) the protection of DoD personnel and the public from explosives hazards on DoD's active and inactive ranges located within the United States.

DoD Directive 4715.12, Environmental and Explosives Safety Management on Department of

Defense Active and Inactive Ranges Located Outside the United States. This Directive establishes policy and assigns responsibilities under DoD Instruction 60.55.14, “Unexploded Ordnance (UXO) Safety on Ranges,” January 23, 1998 (hereby canceled), and DoD Directive 4715.1, “Environmental Security,” February 24, 1996 for (1) sustainable use and management of DoD's active and inactive ranges located outside the United States, and (2) the protection of DoD personnel and the public from explosives hazards on DoD's active and inactive ranges located outside the United States.

DoD 5100.76-M, Physical Security of Sensitive Conventional Arms, Ammunition and Explosives.

This Manual is reissued under the authority of DoD Directive 5100.76, “Physical Security Review Board,” dated February 10, 1981. It provides physical security guidance for the protection of DoD sensitive conventional arms, ammunition and explosives (AA&E).

DoD 6055.9-STD – DoD Ammunition and Explosives Safety Standards. This Standard establishes uniform safety standards applicable to ammunition and explosives, to associated personnel and property, and to unrelated personnel and property exposed to the potential damaging effects of an accident involving ammunition and explosives during their development, manufacturing, testing, transportation, handling, storage, maintenance, demilitarization, and disposal.

Department of Defense Explosives Safety Board (DDESB) Technical Paper (TP) 18 - This document provides minimum qualification standards for personnel performing unexploded ordnance (UXO)-related operations in support of the Department of Defense with the exception of DoD Explosives Ordnance Disposal (EOD) personnel. For work performed on property owned by non-Navy entities, the appropriate service-level publications should be followed. DoD level guidance must be followed for work performed on any property under this contract. If work is being performed at a property not owned by the Navy, refer to http://locks.nfesc.navy.mil/DirGuidance.htm for physical security guidance.

DEFINITIONS

Defense Sites. Locations that are or were owned by, leased to, or otherwise possessed or used by the Department of Defense. The term does not include any operational range, operating storage or manufacturing facility, or facility that is used for or was permitted for the treatment or disposal of military munitions. (10

U.S.C. 2710(e)(l))

Discarded Military Munitions (DMM). Military munitions that have been abandoned without proper disposal or removed from storage in a military magazine or other storage area for the purpose of disposal. The term does not include unexploded ordnance, military munitions that are being held for future use or planned disposal, or military munitions that have been properly disposed of consistent with applicable environmental laws and regulations. (10 U.S.C.

27 1 W(2N

Explosives or Munitions Emergency Response. All immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions, and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities. (Military Munitions Rule 40 CFR 260 10) Munitions Constituents (MC). Any materials originating from unexploded ordnance, discarded military munitions, or other military munitions, including explosive and nonexplosive materials, and emission, degradation, or breakdown elements of such ordnance or munitions. (10 U.S.C. 2710 (e)(4))

Munitions and Explosives of Concern (MEC). This term, which distinguishes specific categories of military munitions that may pose unique explosives safety risks, means:

(A) Unexploded Ordnance (UXO), as defined in 10 U S.C. 27 10 (e) (9);

(B) Discarded military munitions (DMM), as defined in 10 U.S.C, 2710 (e) (2); or

(C) Munitions constituents (e.g., TNT, RDX) present in high enough concentrations to pose an explosive hazard.

Munitions Response. Response actions, including investigation, removal and remedial actions to address the explosives safety, human health, or environmental risks presented by unexploded ordnance (UXO), discarded military munitions (DMM), or munitions constituents (MC). Munitions Response Area (MRA). Any area on a defense site that is known or suspected to contain UXO, DMM, or MC. Examples include former ranges and munitions burial areas. A munitions response area is comprised of one or more munitions response sites.

Material Potentially Presenting an Explosive Hazard (MPPEH). Material potentially containing explosives or munitions (e.g., munitions containers and packaging material; munitions debris remaining after munitions use, demilitarization, or disposal; and range-related debris); or material potentially contaminated with a high enough concentration of explosives such that the material presents an explosive hazard (e.g., equipment, drainage systems, holding tanks, piping, ventilation ducts) associated with munitions production, demilitarization or disposal operations. Excluded from MPPEH are munitions within DOD’s established munitions management system and other hazardous items that may present explosion hazards (e.g., gasoline cans, compressed gas cylinders) that are not munitions and are not intended for use as munitions.

Munitions Response Site (MRS). A discrete location within a MRA that is known to require a munitions response. Definitions provided by 10 USC 101 (FY 2004 National Defense Authorization Act)

Military Munitions. Military munitions means all ammunition products and components produced for or used by the armed forces for national defense and security, including ammunition products or components under the control of the Department of Defense, the Coast Guard, the Department of Energy, and the National Guard. The tern includes confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof.

Unexploded Ordnance (UXO). Military munitions that:

(A) have been primed, fused, armed, or otherwise prepared for action;

(B) have been fired, dropped, launched, projected, or placed in such a manner as to constitute a hazard to operations, installations, personnel, or material: and

(C) remain unexploded whether by malfunction, design, or any other cause. (10 U.S.C. 101(e)(5)

Munitions Debris (MD). Inert munitions-related material recovered during the course of a removal action. Examples are fragments, empty cartridge cases, expended smoke grenades, packing materials, dunnage, and so forth.

Quality Control (QC). The contractor's systems to manage, control, and document, his activities to comply with the contract requirements. This requirement includes the support of the Government QA person on site for the purposes of safety and security for grid, sector, or site evaluation, acceptance, or rejection

Quality Assurance (QA). The procedure by which the Government fulfills its responsibility to be certain that QC is functioning and the specified product is realized. The contractor is required to support the government QA person through all activities of the QC/QA procedure until a grid or sector is clear, and acceptance documentation is issued accepting that grid or sector as complete.

Munitions Response Personnel. Munitions Response personnel assigned to positions UXO Technician I, UXO Technician II, UXO Technician III, UXO Safety Officer, UXO Quality Control Specialist, and Senior UXO Supervisor who meet the qualifications stated in DDESB TP-18.