In 1917, the Bureau of Mines initiated the Chemical Warfare Research Program at American University, and in 1918, the research effort was transferred to the Chemical Warfare Service in the War Department. The Chemical Warfare Service used a portion of American University and other areas that became part of the Spring Valley neighborhood to operate a large research facility to develop and test chemical agents, equipment, and munitions. The U.S. Army used the remaining part of the area as a camp to house and train engineer troops. These two areas were known as the American University Experiment Station and Camp Leach (which includes Fort Gaines), respectively. Historical and archival information indicates that onsite development and testing of ordnance and chemical warfare materials occurred at the American University Experiment Station between 1917 and 1919, as shown in figure 1. The majority of the property was returned to private ownership by October 1920. During the 1950s and 1980s, American University and others raised concerns about buried munitions in the Spring Valley neighborhood. Following an accidental discovery of buried ordnance in Spring Valley in 1993, the Corps designated the site as a FUDS. The Spring Valley FUDS includes, in addition to American University, about 1,200 private residences, Sibley Hospital, 27 embassy properties, and several commercial properties. According to the U.S. Army, Spring Valley is the only known FUDS where chemical agents were tested in what became a well-established residential neighborhood at the heart of a large metropolitan area. Figure 2 shows the location of the Spring Valley neighborhood in Washington, D.C. To fund the environmental restoration program, the Superfund Amendments and Reauthorization Act of 1986 (SARA) established the Defense Environmental Restoration Account. Total spending for the FUDS cleanup program since fiscal year 1984 is $2.6 billion. During the 5 most recent fiscal years (1997-2001), annual program funding for FUDS cleanup has decreased from about $255.9 million to about $231 million, with program funding estimated to decrease further to about $212.1 million by fiscal year 2003. By the end of fiscal year 2001, the Corps had identified 4,649 potential cleanup projects on 2,825 properties requiring environmental response actions. Through fiscal year 2001 (the latest figure available), the Corps had spent about $53.4 million on cleanup activities at Spring Valley. In addition, as of April 2002, EPA had spent about $800,000 on activities related to the site. The principal government entities involved at the Spring Valley site are carrying out their roles and responsibilities in cleaning up the site under the Defense Environmental Restoration Program (environmental restoration program). The environmental restoration program was established by SARA, which amended the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Under the environmental restoration program, Defense is authorized to identify, investigate, and clean up environmental contamination at FUDS. Defense is required to consult with EPA in carrying out the environmental restoration program; EPA, in turn, has established written guidance under CERCLA for its activities at FUDS. Activities under the environmental restoration program also must be consistent with another statutory provision that addresses, among other things, participation by the affected states—in this case, the District of Columbia. Under the Corps’ program guidance, the District of Columbia has a role in defining the cleanup levels at the Spring Valley site. According to a District of Columbia Department of Health official, the department assesses the human health risks associated with any exposure to remaining hazards at Spring Valley. In carrying out their roles, these government entities have, over time, formed an active partnership to make cleanup decisions. For example, the Corps leads the effort to identify hazards, but in many cases it follows the recommendations of the District of Columbia and EPA to look for hazards buried at certain sites. The entities are currently finalizing decisions as to a cleanup level for arsenic that will determine how much contamination can be left in the soil throughout the site without endangering human health and the environment. While the entities have not agreed on all cleanup decisions, officials of all three entities state that the partnership has been working effectively in the recent past. Continued progress at the site will depend, in part, on the effectiveness of this partnership over the duration of the cleanup period. Because Spring Valley was designated as a FUDS, Defense is authorized to carry out cleanup activity at the site under the environmental restoration program established by SARA. The environmental restoration program also provides for participation by other entities. Specifically, in carrying out the environmental restoration program, Defense is required to consult with EPA, which has its own authority under CERCLA to act at the site. Also, Defense must carry out the program consistent with section 120 of CERCLA. Section 120 addresses the cleanup of federal facilities and, among other things, provides for participation in cleanup decisions by the state (in this case, the District of Columbia) in which a federal facility is located. The following sections provide more detail on the entities’ authorities. Under the environmental restoration program, Defense is authorized to identify, investigate, and clean up hazards at FUDS. In implementing the environmental restoration program, Defense has established guidance for the FUDS program. The FUDS program is intended to reduce the risk to human health and safety, and to the environment, resulting from past Defense activities at FUDS properties. Defense has delegated its authority for administering the FUDS program to the U.S. Army; in turn, the U.S. Army has delegated execution of the program to the Corps. The Corps’ responsibilities include determining the eligibility of properties for inclusion in the FUDS program, identifying the requirements for funding the FUDS program, conducting environmental restoration activities at eligible properties, and reporting on the cleanup progress. The Corps is responsible for the cleanup of environmental contamination related to past Defense activities at eligible sites. Defense’s policies for administering FUDS are outlined in its environmental restoration program management guidance, which cites CERCLA as the statutory framework. Additionally, under the Corps’ guidance, efforts should be made to accommodate standards, requirements, or criteria requested by EPA, states, and local authorities where they are consistent with CERCLA. Both of these guidance manuals recognize the importance of involving EPA, the state government, and the public, among others. Defense consults with EPA and the states on cleanup decisions at specified points in the environmental restoration process, such as developing a site-wide sampling plan. Also, at Spring Valley, the Corps was urged to form an advisory board to involve the community and others. According to the Corps, these efforts have the overall goal of ensuring that decisions regarding environmental restoration activities reflect a broad spectrum of advice, expertise, and stakeholder concerns in making cleanup decisions. As with any hazardous waste site, EPA has its own authority under CERCLA to act, including investigating the site and carrying out a removal action. EPA has established written policy for its activities at FUDS. The policy states that EPA intends to minimize duplication of effort, but may become more involved at a site if conditions warrant EPA action. EPA has not listed Spring Valley on its national priorities list of hazardous waste sites. According to EPA officials, if a site is not listed and there is no “imminent and substantial endangerment” or the releases are being adequately addressed by others, EPA may limit its role. According to EPA officials, EPA has the flexibility to increase its role should it later determine that greater participation is warranted. At Spring Valley, EPA has chosen not to investigate and remove hazards because Defense is carrying out the cleanup, and because the Corps has expertise in munitions and has responsibility for ordnance-related cleanups. EPA receives no targeted resources for FUDS. At Spring Valley, EPA primarily consults with and provides technical assistance to Defense and the District of Columbia. For example, EPA has consulted with the Corps to interpret aerial photography and test soil to locate potential buried hazards and contaminated soil. The Corps notes that EPA has been fully engaged in the decision making process at the site. According to EPA, CERCLA provides that federal cleanup standards be used at sites covered by the statute, unless a promulgated state-wide standard exists which is more stringent than the federal standard. According to District of Columbia Department of Health officials, they are establishing cleanup standards for hazardous wastes under the Brownfield Revitalization Amendment Act of 2000, which contains some provisions comparable to CERCLA. As of the end of April 2002, the standards were in draft form. Although these standards were not yet final, a District of Columbia Department of Health official told us that the lack of formal standards would have no effect on the cleanup decisions made at Spring Valley. Over time, the Corps, EPA, and the District of Columbia formed a partnership in order to reach accord on important cleanup decisions. Early on in the cleanup, EPA and the District of Columbia collaborated with the Corps, but they did not always agree with the Corps’ decisions. Further, there were concerns about the extent of collaboration on decision-making. For example, according to a senior District of Columbia Department of Health official, in the mid-1990s the District of Columbia environmental officials were not consulted on important cleanup decisions. In the past several years, the partnering process for reaching cleanup decisions has become increasingly more formalized and active. EPA has provided assistance in identifying possible buried hazards by using photographic interpretation of aerial maps and providing technical expertise with regard to the presence of hazards in soil, water, and air. The Corps now routinely coordinates with EPA and the District of Columbia on technical and health-related issues. In terms of cleanup levels, EPA has proposed how much contamination may remain in the soil without endangering human health and the environment. Under the Corps’ guidance, the District of Columbia has a role in defining the cleanup levels at the Spring Valley site.