Defense Environmental Alert
May 21, 2002

ALABAMA ELECTED OFFICIALS RAISE CHEMICAL AGENT SAFETY CONCERNS

Alabama's elected officials are continuing to raise concerns about the joint Army-Federal Emergency Management Agency (FEMA) program designed to keep the community around the Anniston Army Depot safe in the event of an accidental release of chemical agent. The depot is preparing to incinerate stockpiled chemical weapons currently stored at the facility.

Alabama Gov. Don Siegelman (D) is weighing whether to resume legal intervention over a funding issue related to the Army-FEMA program. Earlier this year, Siegelman sought a court injunction to stop operations at the Anniston incinerator until FEMA released money earmarked for local emergency personnel safety suits and for safety hoods for area residents, but he withdrew his request for injunctive relief in March when it appeared FEMA had agreed to provide the $7 million for the protective hoods and suits (Defense Environment Alert. April 9, p10).

The governor, however, is considering renewing his request for injunctive relief after county officials near Anniston wrote to Siegelman in early May to say they still had not received the money, according to a Slegelman spokesman. While the governor at one point believed the issue could be negotiated, as time has &,one on, "we're looking more toward the injunctive relief posture," the spokesman says.

A FEMA spokesman says the delay stems from the agency's long-standing concerns over providing protective hoods to civilians and the agency's requirement that before it provides money for this purpose. the state must have a plan in place to educate residents on how to properly use the hoods. FEMA is still waiting for the state to finalize its plan, the spokesman says.

Meanwhile, Sen. Richard Shelby (R-AL) questioned FEMA director Joe Allbaugh May 8 at a Senate Appropriations Committee hearing on the safety program, called the Chemical Stockpile Emergency Preparedness Program. Allbaugh told Shelby that the "Army should have the entire program," according to a press release from Shelby's office. The FEMA spokesman says that Allbaugh's comment was made in the context of making the program more streamlined. The Army and FEMA have not actually discussed changing the current arrangement, where the Army presides over safety issues inside the installation fence and FEMA is responsible for community safety issues, the spokesman says. And even if the program were changed, FEMA would continue to have an advisory role, he says.

"The Army has the responsibility to fund this program. FEMA has the responsibility to implement these safety measures," Shelby said. "The current impasse and the remaining safety measures deserve attention at the highest levels and must be resolved."

At the hearing Shelby also asked Defense Secretary Donald Rumsfeld whether the chemical demilitarization program is "on the right track." According to the Shelby press release, Rumsfeld responded that everyone in the room knows "the program is in breach of Nunn-McCurdy, of course it's not on the right track."

A "Nunn-McCurdy" unit cost breach occurs when a major defense acquisition program experiences an increase of at least 15 percent in program acquisition unit cost or average procurement unit cost above the unit costs in the acquisition program baseline.

For programs with unit cost increases of at least 25 percent, a certification from the secretary of defense is required, and DOD must certify that the acquisition program is essential to the national security; there are no alternatives to such acquisition program that will provide equal or greater military capability at less cost; the new estimates of the program acquisition unit cost or procurement unit cost are reasonable: and, the management structure for the acquisition program is adequate to manage and control program acquisition unit cost or procurement unit cost. If a certification is not provided to Congress by a certain date, the Pentagon cannot obligate funds for the program.

Earlier this month, DOD announced that it had certified the chemical demilitarization program, saying the program is necessary because the United States has international treaty obligations to destroy its chemical weapons and there is no alternative program to get rid of the weapons. Additionally, DOD said in its certification justification that the new unit cost estimates are reasonable because the president's fiscal year 2003 budget used the latest, most realistic cost estimates, and the Sept. 11 terrorist attacks made it necessary to accelerate the program, which reduces the schedule and life-cycle costs but significantly increases the near-term costs.

Finally, DOD said management of the program is adequate and will be enhanced through more frequent briefings to DOD officials who have oversight of the program, additional interaction with environmental regulators and state and local government officials, and increased emphasis on program management with the selection of a new program manager. The under secretary of defense for acquisition, technology & logistics will enhance his oversight with an increased emphasis on monitoring and analyzing cost and schedule performance monthly and by requiring the Anny to provide DOD the same detailed, cost and schedule performance analysis that is prepared for the Army program manager, DOD said.

"Clearly, the Chemical Demilitarization Program is off-track and remains in desperate need of leadership," Shelby said. "The Nunn-McCurdy breach is a very serious issue. Even though the program was certified and will continue, 1 believe it is important that we continue to monitor this program very closely."