During the late 1930s and continuing through the 1950s, the U.S. Department of Defense, or the U.S. War Department during this era, acquired properties to use for the training and support of the military branches during wartime train up and deployment during conflicts. In the years to follow, when conflicts had ceased, the military found that they no longer needed many these sites and began the process of turning them over to private entities or their former owners in the case of leased lands. While most military items were removed from these areas, the knowledge and understanding of health risks and environmental hazards to what they might have left behind was extremely lacking. What was deemed to be acceptable at the time they were handed over became less so as time moved forward, and the scientific community began to gain a better understanding of the things we had once considered safe to use and dispose of. Because of this, there emerged a need to address and remedy locations that had once been used for military purposes.
The Formerly Used Defense Site (FUDS) program was established following the passing of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund, in 1980 and the Superfund Amendments and Reauthorization Act in 1986. These laws gave the U.S. Army Corps of Engineers (USACE) the authority to investigate and conduct remediation activities at sites formerly owned by, leased to, or otherwise possessed by the Department of Defense prior to October 17, 1986. Additionally, these outline the process that must be followed to perform these actions.
What is CERCLA and what does it do?
CERCLA was passed into law in response to the discovery in the late 1970s of a large number of abandoned, leaking hazardous waste sites that posed a serious threat to both human health and the environment. Unlike regulatory laws which focus on making specific conduct unlawful, CERCLA was designed to impose remediation and reporting requirements on both the private sector and federal facilities by doing several key things. First, it would help to identify sites where releases of hazardous substances had occurred or might occur and pose a serious threat to human health and the environment. It would then take appropriate action to remedy these releases. And finally, it would seek those parties responsible for the environmental hazards to pay for the cleanup activities.
At its heart, CERCLA is a response and reporting act, not a regulatory one. CERCLA was later amended by the Superfund Amendments and Reauthorization Act (SARA) in 1986. SARA introduced more stringent cleanup standards and created a new independent regulatory program – the Emergency Planning and the Community-Right-to-Know-Act. The primary CERCLA regulation is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The NCP sets forth the basic criteria that governs response to releases and threatened releases and oversees the development of appropriate remedies.
CERCLA is where USACE receives their response actions for sites within the FUDS program, either removal actions or remedial actions. Removal actions are usually undertaken immediately, with the intention of stopping, preventing, minimizing, stabilizing, mitigating, or eliminating the release or potential release of contaminants to the environment. Such events concern not only listed hazardous substances but also any pollutants or contaminants with the exception of oil and gas. Remedial actions provide a more permanent solution to hazardous substance threats and generally involve a more extensive study and action period.
A closer look at FUDS
FUDS properties are located all over the United States and its territories and can range in size from less than an acre to hundreds of thousands of acres. They can be found in a multitude of places, from industrial and residential areas to federal, tribal, and state properties. These properties are extensively researched to determine if they are eligible for some sort of action under CERCLA. USACE uses a risk-based approach for prioritizing work at FUDS sites by working closely with regulators and stakeholders to ensure that higher risk sites are addressed first. Teams from USACE districts coordinate and consult with Federal and State regulatory agencies, such as the U.S. Environmental Protection Agency. Additionally, USACE engages and collaborates with stakeholders, landowners, and the public in performing the work.
As each site had different uses historically, they are placed into three program categories to classify which types of hazards exist and which types of actions are being taken to remedy them. The first is the Installation Restoration Program (IRP), which deals will addressing the cleanup of hazardous substances, pollutants, and contaminants. Secondly there is the Military Munitions Response Program (MMRP) that handles unexploded ordnance (UXO), discarded military munitions, and munitions constituents. Lastly, there is the Building Demolition and Debris Removal (BD/DR) program, which removes unsafe buildings and structures at certain sites. To see information on specific sites, visit the FUDS GIS Interactive Map.
USACE has executed numerous successful FUDS projects, demonstrating our crucial role in environmental restoration and public safety. One notable example is the remediation of the Aberdeen Proving Ground in Maryland, a site with extensive contamination from decades of military testing. USACE utilized a meticulous approach that involved the removal of hazardous materials and remediation of soil and groundwater, restoring the land to a safe and usable condition. Similarly, the work at the Rocky Mountain Arsenal in Colorado stands out; this project involved the transformation of a former chemical weapons production facility into a thriving wildlife refuge. By removing and safely disposing of hazardous waste and implementing robust environmental monitoring, USACE not only mitigated risks but also contributed to wildlife conservation. These projects demonstrate USACE’s commitment to environmental stewardship and our pivotal role in transforming contaminated and hazardous sites into assets for communities and ecosystems.