Federal Facilities Agreement.pdf

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NEW ENGLAND REGION AND

THE UNITED STATES DEPARTMENT OF THE ARMY

IN THE MATTER OF: )

U.S. Department of the Army ) FEDERAL FACILITY AGREEMENT Natick Laboratory Army Research, ) Under CERCLA Section 120 D&E Center (Soldier Systems Center) Natick, Massachusetts )

TABLE OF CONTENTS

Section Page

I. JURISDICTION

II. DEFINITIONS

III. PARTIES BOUND

IV. PURPOSE

V. SCOPE OF AGREEMENT

VI. FINDINGS OF FACT

VII. EPA DETERMINATIONS

VIII. STATUTORY COMPLIANCE/RCRA-CERCLA INTEGRATION

IX. WORK TO BE PERFORMED

X. CONSULTATION

XI. DEADLINES AND CONTENTS OF SITE MANAGEMENT PLAN

XII. BUDGET DEVELOPMENT AND AMENDMENT OF PLAN

XIII. EXTENSIONS

XIV. PROJECT MANAGERS

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XV. EXEMPTIONS

XVI. ACCESS

XVII. PERMITS

XVIII. REMOVAL AND EMERGENCY ACTIONS

XIX. PERIODIC REVIEW

XX. DISPUTE RESOLUTION

XXI. STIPULATED PENALTIES

XXII. FORCE MAJEURE

XXIII. ENFORCEABILITY

XXIV. OTHER CLAIMS

XXV. RESERVATION OF RIGHTS

XXVI. PROPERTY TRANSFER

XXVII. FUNDING

XXVIII. RECOVERY OF EPA EXPENSES

XXIX. QUALITY ASSURANCE

XXX. RECORD PRESERVATION

XXXI. SAMPLING AND DATA/DOCUMENT AVAILABILITY

XXXII. PROTECTED INFORMATION/RELEASE OF RECORDS

XXXIII. COMMUNITY RELATIONS

XXXIV. EFFECTIVE DATE

XXXV. PUBLIC COMMENT ON THIS AGREEMENT

XXXVI. AMENDMENT OF AGREEMENT

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XXXVII. SEVERABILITY

XXXVIII. TERMINATION AND SATISFACTION

APPENDIX A - MAP OF SITE

APPENDIX B - LIST OF AREAS OF CONCERN AT SITE

APPENDIX C - LIST OF SITE SCREENING AREAS AT SITE

APPENDIX D – PLAN

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

NEW ENGLAND REGION AND

THE UNITED STATES DEPARTMENT OF THE ARMY

IN THE MATTER OF: )

U.S. Department of the Army ) FEDERAL FACILITY

AGREEMENT

Natick Laboratory Army Research, ) Under CERCLA Section 120 D&E Center (Soldier Systems Center), ) Natick, Massachusetts )

Based on the information available to the Parties on the effective date of this Federal Facility Agreement (Agreement), and without trial or adjudication of any issues of fact or law, the Parties agree as follows:

I. JURISDICTION

Each Party is entering into this Agreement pursuant to the following authorities:

(i) The U.S. Environmental Protection Agency (EPA), New England Region (EPA New England or EPA Region 1), enters into those portions of this Agreement that relate to Remedial Investigation/Feasibility Study (RI/FS) pursuant to Sections 120(e)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9620(e)(1), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), Pub. L. No. 99-499 (hereinafter jointly referred to as CERCLA/SARA or CERCLA), and §§ 6001, 3008(h) and 3004(u) and (v) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. §§ 6961, 6928(h), 6924(u) and (v), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA) (hereinafter jointly referred to as RCRA/HSWA or RCRA), and Executive Order 12580;

(ii) EPA New England enters into those portions of this Agreement that relate to Interim Remedial Actions and final Remedial Actions pursuant to § 120(e)(2) of CERCLA/SARA, §§ 6001, 3008(h) and 3004(u) and (v) of RCRA, and Executive Order 12580;

(iii) The United States Department of the Army (Army) enters into those portions of this Agreement that relate to the RI/FS pursuant to § 120(e)(1) of CERCLA, §§ 6001, 3008(h) and 3004(u) and (v) of RCRA, Executive Order 12580, the National Environmental Policy Act, 42 U.S.C. § 14321, and the Defense

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Environmental Restoration Program (DERP), 10 U.S.C. 2701 et seq.; and

(iv) The Army enters into those portions of this Agreement that relate to Interim Remedial Actions and final Remedial Actions pursuant to § 120(e)(2) of CERCLA/SARA, §§ 6001, 3004(u) and 3008(h) of RCRA, Executive Order 12580, and the DERP.

II. DEFINITIONS

2.1. Except as noted below or otherwise explicitly stated, the definitions provided in CERCLA and the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 C.F.R. Part 300, shall control the meaning of terms used in this Agreement.

2.1.1. "Agreement" shall refer to this document and shall include all Appendices to this document. All such Appendices are integral parts of this Agreement and shall be enforceable to the extent provided herein.

2.1.2. “Applicable or Relevant and Appropriate Requirements” or

"ARARs" shall mean "legally applicable" or "relevant and appropriate" requirements, standards, criteria or limitations, as those terms are used in CERCLA Section 121, 42 U.S.C. § 9621, and as defined in the NCP.

2.1.3. “Area of Concern" or "AOC" shall mean a geographical area at the

Site where there is or has been a Release or threat of Release of Hazardous Substances, pollutants or contaminants, or where a Release of Hazardous Substances, pollutants or contaminants has migrated or threatens to migrate prior to completion of the proposed Remedial Action(s). Areas of Concern require further study through the RI/FS process or as part of a Removal Action conducted in accordance with CERCLA, the NCP and relevant Guidance. Areas of Concern identified as of the effective date of this Agreement are listed in Appendix B to this Agreement and are included in the Plan. Areas of Concern that are identified by the Parties after the effective date of this Agreement in accordance with Subsection 9.7 of this Agreement shall be included in the Plan in accordance with Section XI, Deadlines and Contents of Site Management Plan, and Section XII, Budget Development And Amendment Of Plan, of this Agreement.

2.1.4. "Army" or “Department of the Army” shall mean the United States

Department of the Army, including its officers, employees, members, successors and authorized representatives, and assigns.

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The Army shall also include the United States Department of Defense (DoD) to the extent necessary to effectuate the terms of this Agreement, including, but not limited to, appropriations and Congressional reporting requirements.

2.1.5. "CERCLA" shall mean the Comprehensive Environmental

Response, Compensation and Liability Act of 1980, 42 U.S.C.

Section 9601 et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA), Public Law No. 99-499, and any amendments thereto.

2.1.6. "Community Relations" shall mean the program to inform and involve the public in the installation restoration process, including the CERCLA process, and to respond to community concerns.

2.1.7. "Days" shall mean calendar days, unless business days are specified. Any submittal, written statement of position, or written statement of dispute that, under the terms of this Agreement, would be due on a Saturday, Sunday, or Federal or State holiday shall be due on the following business day.

2.1.8. "Deadlines" shall mean the Near Term Milestones specifically established for the current fiscal year under the Site Management Plan (SMP). Deadlines are subject to stipulated penalties in accordance with Section XXI, Stipulated Penalties.

2.1.9. “DERP” shall mean the Defense Environmental Restoration

Program as authorized by 10 U.S.C. § 2701 et seq. and any amendments thereto.

2.1.10. “Dispute Resolution” shall mean dispute resolution in accordance with Section XX, Dispute Resolution, of this Agreement.

2.1.11. “EPA” or “U.S. EPA” shall mean the United States Environmental

Protection Agency, its employees, agents, authorized representatives, successors and assigns.

2.1.12. “Facility” shall mean that property owned by the United States and operated by the Army in Natick, Massachusetts formerly known as the Natick Laboratory Army Research, D&E Center and now known as the Soldier Systems Center (SSC), consisting of approximately 78 acres and including all areas identified in the map attached as Appendix A to this Agreement.

2.1.13. “Feasibility Study" or "FS" means a study conducted in accordance with CERCLA, the NCP and relevant Guidance that

−7− fully develops, screens and evaluates in detail Remedial Action alternatives to prevent, mitigate or abate the migration or the Release of Hazardous Substances, pollutants or contaminants at and from the Areas of Concern. The Army shall conduct and prepare all FS(s) in a manner to support the intent and objectives of Section VIII, Statutory Compliance/RCRA-CERCLA Integration, of this Agreement.

2.1.14. "Fiscal year" or “FY” shall mean the time period used by the

United States Government for budget management and commences on October 1 and ends September 30th of the following calendar year.

2.1.15. "Guidance" shall mean any requirements or policy directives published by EPA or that may be published by the State that are of general application to environmental matters and that are otherwise applicable to the Army's Work under this Agreement.

2.1.16. "Hazardous Substance(s)" shall mean all those substances that are included under CERCLA Section 101(14), 42 U.S.C. § 9601(14), which include any hazardous waste having the characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal Act, 42 U.S.C. § 6921.

2.1.17. “Interim Remedial Action” or “IRA” shall mean all discrete

Remedial Actions implemented prior to a final Remedial Action that are taken to prevent or minimize the Release of Hazardous Substances, pollutants, or contaminants so that it does not migrate or endanger human health or the environment.

2.1.18. “Land Use Control” or “LUC” shall mean any restriction or administrative action, including engineering and institutional controls, arising from the need to reduce risk to human health and the environment.

2.1.19. "Milestones" shall mean the dates established by the Parties in the

Plan for the initiation or completion of Primary Actions and the submission of Primary Documents and Project End Dates.

Milestones shall include Near Term Milestones, Out Year Milestones, Primary Actions, and Project End Dates.

2.1.20. “Natick Laboratory Army Research, D&E Center” shall mean that property owned by the United States and operated by the Army in Natick, Massachusetts formerly known as the Natick Laboratory Army Research, D&E Center and now known as the “Soldier Systems Center” or “SSC” consisting of approximately 78 acres

−8− and including all areas identified in the map attached as Appendix A to this Agreement. This Agreement shall refer to the “Natick Laboratory Army Research, D&E Center” as the “Soldier Systems Center” or “SSC” or as the “Facility.”

2.1.21. "National Contingency Plan" or "NCP" shall mean the National

Oil and Hazardous Substances Pollution Contingency Plan, 40 C.F.R. Part 300, and any amendments thereto.

2.1.22. "Near Term Milestones" shall mean the Milestones within the current fiscal year (FY), the next fiscal year or "budget year" (FY+1), and the year for which the budget is being developed or "planning year" (FY+2).

2.1.23. "On-site" shall have the same meaning as provided in the NCP.

2.1.24. "Operable Unit" or "OU" shall mean a discrete action that comprises an incremental step toward comprehensively remediating the Site and that addresses one or more AOCs. This discrete portion of a remedial response manages migration, or eliminates or mitigates a Release, threat of Release, or pathway of exposure related to the Site. Operable Units may address geographical portions of the Site, specific Site problems, or initial phases of an action, or may consist of any set of actions performed over time or any actions that are concurrent but located in different parts of the Site. The cleanup of the Site can be divided into a number of Operable Units, depending on the complexity of the problems associated with the Site. The term "Operable Unit" is not intended to refer to the term "operating unit" as used in RCRA.

All Operable Units shall be addressed in accordance with CERCLA, the NCP and EPA Guidance.

2.1.25. "Out Year Milestones" shall mean the Milestones within those years occurring after the planning year until the completion of the cleanup or phase of the cleanup (FY+3 through Project End Date).

2.1.26. "Parties" shall mean the Army and EPA.

2.1.27. "Performance Standards" shall mean the criteria representing the degree and method of cleanup to be achieved at an AOC, including all chemical-, location- and action-specific ARARs identified in the ROD(s), or identified by EPA, prior to certification of completion of the Work; and all other health or environmentally related numerical standards identified in the ROD(s).

2.1.28. “Plan" or “Site Management Plan,” unless the context indicates

−9− otherwise, shall refer to the Site Management Plan, Soldier Systems Center, Natick, Massachusetts, attached as Appendix D to this Agreement.

2.1.29. "Primary Actions" as used in these definitions shall mean those specified major, discrete actions that the Parties identify as such in the Plan. The Parties should identify all major, discrete actions for which there is sufficient information to be confident that the date for taking such action is implementable.

2.1.30. "Primary Document" shall mean any document listed in

Subsection 10.3 of this Agreement.

2.1.31. "Project End Dates" shall mean the dates established by the Parties in the Plan for the completion of major portions of the cleanup or completion of the cleanup of the Facility. The Parties recognize that, in many cases, a higher degree of flexibility is appropriate with Project End Dates due to uncertainties associated with establishing such dates.

2.1.32. “Project Manager” shall mean the person designated by each Party to represent that Party’s interests and manage all Response Actions undertaken at the Site.

2.1.33. “Public Stakeholders” shall mean members of the public, including residents, environmentalists, community leaders, public officials, citizens action groups, and any other interested parties, and the State.

2.1.34. “RCRA” shall mean the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901 et seq., as amended by HSWA, and any amendments thereto.

2.1.35. “Record(s) of Decision” or “ROD(s)” shall be the public document(s), prepared in accordance with CERCLA, the NCP and relevant Guidance, that select(s) and explain(s) which Remedial Action alternative(s) will be implemented at each Operable Unit at the Site, and includes the bases for the selection of such Remedy(ies). These bases include, but are not limited to, information and technical analyses generated during the RI/FS and consideration of public comments and community concerns.

2.1.36. “Release” shall have the same meaning as provided in CERCLA

Section 101(22), 42 U.S.C. § 9601(22), and the NCP.

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2.1.37. “Remedial Design” or “RD” shall mean the technical analysis and procedures that follow the selection of a Remedy for an Operable Unit and result in a detailed set of plans, specifications or other suitable documentation for implementation of the Remedial Action.

2.1.38. “Remedial Investigation” or “RI” shall mean that investigation conducted in accordance with CERCLA, the NCP and relevant Guidance. The RI serves as a mechanism for collecting data for site and waste characterization and conducting treatability studies as necessary to evaluate performance and cost of the treatment technologies. The data gathered during the RI will also be used to conduct a baseline risk assessment, including characterization of risk of harm to human health and the environment; to perform a FS(s); to support the evaluation of natural resources damaged by the Release(s) or threatened Release(s) of Hazardous Substances;

and to support the design of a selected Remedy. The Army shall conduct and prepare all RIs in a manner to support the intent and objectives of Section VIII, Statutory Compliance/RCRA-CERCLA Integration, of this Agreement.

2.1.39. “Remedy” or “Remedial Action” or “RA” shall have the same meaning as provided in CERCLA Section 101(24), 42 U.S.C. § 9601(24), and the NCP, and may include one or more OUs.

2.1.40. “Removal” or “Removal Action” shall have the same meaning as provided in CERCLA Section 101(23), 42 U.S.C. § 9601(23), and the NCP.

2.1.41. “Response Action(s)” shall mean all Removal Actions and

Remedial Actions undertaken at the Site.

2.1.42. “Schedule” shall mean a timetable or plan that indicates the timing and sequence of Work to be performed, including the completion of RI/FS, RD and RA activities at the Site.

2.1.43. “Secondary Document” shall mean any document listed in

Subsection 10.4 of this Agreement.

2.1.44. “Site” shall include all AOCs at SSC and any other areas where a

Hazardous Substance, pollutant, or contaminant from SSC has been deposited, stored, disposed of, or placed, or has migrated or otherwise come to be located. The Site is a "facility" within the meaning of CERCLA Section 101(9), 42 U.S.C. § 9601(9), and the NCP. This definition of “Site” is not intended to include any off- Site facility to which Hazardous Substances or wastes are or were

−11− intentionally transported from the Site by motor vehicle or vessel.

2.1.45. “Site Screening Areas” or “SSAs” shall mean those geographical areas that require preliminary screening under the Site Screening Process to determine whether they are Areas of Concern. SSAs identified as of the effective date of this Agreement are listed in Appendix C to this Agreement. SSAs that are agreed to by the Parties after the effective date of this Agreement in accordance with Subsection 9.5 of this Agreement shall be included in the Plan in accordance with Section XI, Contents Of Plan, and Section XII, Budget Development And Amendment Of Plan, of this Agreement. When the Parties agree, SSAs may expand or contract in size as information becomes available indicating the extent of contamination and the geographical area needed to be studied.

2.1.46. “Site Screening Process” or “SSP” refers to the mechanism described in Subsections 9.4 through 9.7 of this Agreement for evaluating whether identified SSAs are Areas of Concern.

2.1.47. “Soldier Systems Center” or “SSC” shall mean that property owned by the United States and operated by the Army in Natick, Massachusetts formerly known as the Natick Laboratory Army Research, D&E Center and now known as the Soldier Systems Center, consisting of approximately 78 acres and including all areas identified in the map attached as Appendix A to this

2.1.48. “State” shall mean the Commonwealth of Massachusetts, its employees, agents, authorized representatives, successors and assigns. The Commonwealth of Massachusetts is not a Party to this Agreement.

2.1.49. “Target Dates” shall mean dates established for the completion and transmission of Secondary Documents. Target Dates are not subject to Dispute Resolution and they are not Milestones.

2.1.50. “To Be Considered” or “TBC” is any advisory, criteria or guidance developed by EPA, other Federal agency or the State that may be useful in developing CERCLA Remedies. TBCs shall be timely identified and provided as required by the NCP.

2.1.51. “Work” shall mean all activities or obligations the Army is required to perform under this Agreement and any amendments hereto, except those activities or obligations required by Section XXX, Record Preservation, of this Agreement.

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III. PARTIES BOUND

3.1. The Parties to this Agreement are EPA and the Army, and this Agreement shall apply to and be binding upon EPA and the Army. The State and the United States Department of Defense have entered into a Department of Defense and State Memorandum of Agreement dated May 1, 1992, as amended. The State elected not to be a Party to this Agreement at the time the Agreement was negotiated and executed. However, consistent with CERCLA and the NCP, EPA and the Army have agreed to allow the State a participatory role in the Site remediation as described in this Agreement, and an opportunity to enter into the Agreement, should the State choose to, at a later date. Accordingly, the Parties intend that provisions in this Agreement that provide that the State “should”, “shall” or “will” perform a certain task to mean that the State may, at its option, perform the task. It is also recognized that since the State is not a Party to this Agreement, it has no rights or responsibilities that are established under this Agreement. Similarly, this Agreement does not establish in the State any rights as a third-party beneficiary. It is also recognized by the Parties that the State has rights and responsibilities under CERCLA that are separate and distinct from this Agreement.

3.2. The Army agrees to include the notices required by CERCLA Section 120(h), 42 U.S.C.§ 9620(h), and 40 C.F.R. Part 373 in any contract for the sale or transfer of real property affected by this Agreement and shall notify EPA at least sixty (60) days prior to any such transfer. Transfer (sale or lease) of property affected by this Subsection shall not relieve the Army of its applicable obligations under this Agreement.

3.3. The Army shall notify EPA and the State of the identity and assigned tasks of each of its contractors performing Work under this Agreement upon their selection.

The Army shall provide copies of this Agreement to all contractors performing any Work called for by this Agreement. Each Party shall be responsible for ensuring that its contractors comply with the terms and conditions of this Agreement.

3.4. This Section shall not be construed as an agreement to indemnify any person.

IV. PURPOSE

4.1. The general purposes of this Agreement are to:

4.1.1. ensure that the environmental impacts associated with past and present activities at the Site are thoroughly investigated and appropriate Remedial Action taken as necessary to protect public

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4.1.2. establish a procedural framework and schedule for developing, implementing and monitoring appropriate Response Actions at the Site in accordance with CERCLA/SARA, the NCP, Superfund Guidance and policy, RCRA, RCRA Guidance and policy; and,

4.1.3. facilitate cooperation, exchange of information and participation of the Parties in such actions.

4.2. Specifically, the purposes of this Agreement are to:

4.2.1. Identify Interim Remedial Action and final Remedial Action alternatives which are appropriate at the Site prior to the implementation of final Remedial Action(s) for the Site. IRA alternatives shall be identified and proposed to the Parties as early as possible prior to formal proposal of IRAs to EPA pursuant to CERCLA/SARA. This process is designed to promote cooperation among the Parties in identifying IRA alternatives prior to selection of final IRAs.

4.2.2. Establish requirements for the performance of a Site Screening

Process and an RI to determine fully the nature and extent of the threat to the public health or welfare or the environment caused by the Release and threatened Release of Hazardous Substances, pollutants or contaminants at the Site and to establish requirements for the performance of a FS for the Site to identify, evaluate, and select alternatives for the appropriate Remedial Actions(s) to prevent, mitigate, or abate the Release or threatened Release of Hazardous Substances, pollutants or contaminants at the Site in accordance with CERCLA/SARA and the NCP.

4.2.3. Identify the nature, objective and schedule of Response Actions to be taken at the Site. Response Actions at the Site shall attain that degree of cleanup of Hazardous Substances, pollutants or contaminants mandated by CERCLA/SARA and the NCP.

4.2.4. Implement the selected Interim and final Remedial Actions(s) in accordance with CERCLA and meet the requirements of Section 120(e)(2) of CERCLA for an interagency agreement between EPA and the Army.

4.2.5. Assure compliance, through this Agreement, with RCRA and other

Federal and State hazardous waste laws and regulations for matters covered herein.

4.2.6. Coordinate Response Actions at the Site with the mission and support activities at the Soldier Systems Center.

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4.2.7. Expedite the cleanup process to the extent consistent with protection of human health and the environment.

4.2.8. Provide for operation and maintenance of any RA selected and implemented pursuant to this Agreement.

V. SCOPE OF AGREEMENT

5.1. This Agreement is entered into by the Parties to enable the Army to meet the provisions of CERCLA, 42 U.S.C. §§ 9601 et seq.

5.2. This Agreement is intended to cover the investigation, development, selection, and implementation of Response Actions for all Releases or threatened Releases of Hazardous Substances, contaminants, or pollutants at the Site. This Agreement covers all phases of remediation for these Releases, bringing together into one agreement the requirements for remediation as well as the system the Parties will use to determine and accomplish remediation, ensuring the necessary and proper level of participation by each Party. Although all such Releases at the Site may not be known as of the effective date of this Agreement, this Agreement establishes the system for dealing with undiscovered Releases. To accomplish remediation of such undiscovered Releases, the Parties will establish Schedules and Deadlines or Milestones as necessary and as information becomes available, and shall, if required, amend this Agreement as needed.

5.3. This Agreement is not intended to limit any requirements under RCRA or any other law or regulation to obtain permits, and is not intended to affect the treatment, storage, or disposal by SSC of hazardous wastes. This Agreement is not intended to encompass responses to Releases of Hazardous Substances from ongoing operations unless those Releases occur in conjunction with CERCLA Removal Actions or Remedial Actions pursuant to this Agreement.

5.4. The scope of this Agreement extends to the entire National Priorities List (NPL) Site. The Site cannot be removed from the NPL unless it is determined, in accordance with CERCLA, the NCP, and this Agreement, that the Army has implemented all appropriate Response Actions, and that the Site no longer poses a threat to human health or the environment. All Response Actions at the Site shall occur in discrete locations called Site Screening Areas, Areas of Concern or Operable Units identified at the Site pursuant to this Agreement.

5.5. Any Response Action in progress on the effective date of this Agreement shall become subject to the obligations and procedures of this Agreement.

5.6. The Parties agree to use their best efforts to expedite the initiation of Response Actions at the Site and to carry out all activities under this Agreement so as

−15− to protect the public health and welfare and the environment. Upon request, the Parties agree to provide applicable Guidance or reasonable assistance in obtaining such Guidance relevant to the implementation of this Agreement.

5.7. The Army agrees that it shall develop, implement and report upon a Remedial Investigation or Remedial Investigations for the Areas of Concern or Operable Units at the Site where required in accordance with Section IX, Work To Be Performed, of this Agreement, CERCLA, the NCP, and applicable EPA Guidance. The RI documents shall be subject to the review and comment procedures described in Section X, Consultation, of this Agreement. The RI(s) shall be conducted in accordance with the requirements and Schedules set forth in the Plan and shall meet the purposes set forth in Section IV, Purpose, of this Agreement.

5.8. The Army agrees that it shall develop, implement and report upon a Feasibility Study or Feasibility Studies for the Areas of Concern or Operable Units at the Site where required in accordance with Section IX, Work To Be Performed, of this Agreement, CERCLA, the NCP, and applicable EPA Guidance. The FS documents shall be subject to the review and comment procedures described in Section X, Consultation, of this Agreement. The FS(s) shall be conducted in accordance with the requirements and Schedules set forth in the Plan and shall meet the purposes set forth in Section IV, Purpose, of this Agreement.

5.9. The Army agrees that it shall perform Remedial Design(s), Remedial Action(s) and Operation and Maintenance to maintain the effectiveness of Response Actions at the Areas of Concern or Operable Units at the Site in accordance with CERCLA, RCRA, and applicable regulations thereof for matters covered herein.

VI. FINDINGS OF FACT

6.1. For purposes of this Agreement, the following constitutes a summary of the findings upon which this Agreement is based. Nothing contained in this Agreement shall constitute an admission of any liability by the Army for any matters contained herein nor shall anything in this Agreement constitute an admission by the Army with respect to any finding of fact or any legal determination noted herein.

6.2. The Site was placed on the NPL on May 31, 1994, 59 Fed. Reg. 27989.

6.3. SSC consists of approximately 78 acres of real property and the structures thereon. As of the effective date of this Agreement, it is owned by the United States and operated by the Army. SSC occupies a small peninsula on the south pond of Lake Cochituate in Natick, Massachusetts. The land uses surrounding the Facility include residential, commercial and light industrial uses. The Town of Natick Springvale Municipal Water Supply Well Field is located approximately 2500 feet northwest of the Facility. About 37,000 people obtain their drinking water from wells within 4 miles of the Facility.

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6.4. The Army purchased the SSC property from the Metropolitan District Commission in 1949, after a special site selection committee appointed by the Secretary of Defense selected it from 340 possible locations in 40 states for the development of a research facility. At the time of the purchase, the property was primarily used as a forested recreational area, but it also included a gravel pit.

Approval for construction of SSC was granted in October 1949, and construction was completed in October 1954. Since 1954, the Facility has been a permanent Army installation.

6.5. SSC’s mission since 1954 has been to conduct research and development activities (including laboratory and storage activities) in the areas of food engineering, food science, aero-mechanical engineering, and clothing, material and equipment engineering. Present and past operations at SSC have included quarrying;

indoor and outdoor storage of bulk items (e.g., scrap metal, vehicles), wastes, petroleum, solvents, antifreeze, pesticides and Freon 113; warehouse operations (shipping and receiving); laboratory research activities including the testing of petroleum, oil and lubricant (POL) pumping equipment, refrigeration units and various types of fuel in engines; clothing and textile research, including fabric treatment; dry cleaning; drop-testing; waste incineration; and garage operations including spray painting, vehicle maintenance, insect and rodent control, metal parts and brush washing and cleaning, battery charging, silk screening and rubber adhesive thinning.

6.6. During its operation of SSC, the Army has used a variety of substances there, including the volatile organic compounds (VOCs) tetrachloroethene (PCE), trichloroethene (TCE), carbon disulfide, benzene, chloroform, and acetone; standard laboratory chemicals; mineral spirits/turpentine; paints; inks; lubricants; gasoline;

tetraethyl lead, a gasoline additive; pesticides; and metal dusts. In addition, radioactive materials were used for food irradiation in accordance with a Nuclear Regulatory Commission license.

6.7. In 1992, the Army completed an Expanded Site Inspection that confirmed the presence of TCE in the groundwater at the Site. It began a Phase I Remedial Investigation in 1993 to determine the nature and extent of soil and groundwater contamination at the T-25 Area, and completed the first version of the Site groundwater model in 1996. Also in 1996, the Army issued the Final Phase I RI report for the T-25 Area and conducted field work for the Phase II RI. In 1998, it issued the Final T-25 Area Phase II RI report and installed an on-site groundwater extraction and treatment system for the Treatability Study component of a Focused Feasibility Study. In September 2001, the Army issued a Record of Decision for the groundwater Operable Unit only at the T-25 Area. As of the effective date of this Agreement, it is operating the extraction and treatment system and monitoring the groundwater in the T-25 Area. A pilot study work plan concerning this Site will be completed in 2006/2007. This plan will evaluate the extraction of groundwater from the Buildings 22 and 36 and Buildings 63, 2 and 45 plumes for treatment at the T-25

−17− treatment plant. It is expected that the Army will document human and ecological risks concerning soil media at the site in the future.

6.8. In January 1993, the Army issued the Master Environmental Plan (MEP) for the U.S. Army Natick Research, Development and Engineering Center, Natick, MA.

The MEP identifies potential study areas that might need Remedial Actions. In addition to the MEP, the Army has also issued the Installation Action Plan (IAP) U.S.

Army Soldier Systems Command, which describes the Army’s environmental restoration progress at SSC. The IAP is updated annually.

6.9. The Former Proposed Gymnasium Area is a 1.6-acre area situated on a filled-in marsh located in the eastern portion of the Facility, between the main entrance gate of the installation and Lake Cochituate. A helicopter landing pad was operated for a short time in the early 1970s on what is now a paved parking lot located to the west of the area. The storage of empty POL bladders has also been reported at this location. Presently, there is a french drain located in the western portion of the area that drains surface water directly into the lake. The Army began an RI at the Former Proposed Gymnasium Area in 1997 to determine the nature and extent of groundwater and soil contamination there. It completed the RI field work in 1998 and issued a draft RI report in January 1999. Contaminants of concern are chlorinated solvents, heavy metals, and POLs. Groundwater monitoring is currently being conducted in the area as part of the site-wide groundwater monitoring program.

A Removal Action consisting of the removal and off-site disposal of approximately 800 cubic yards of contaminated soil was completed in August 2002. One (1) additional groundwater monitoring well was installed downgradient of the Removal Action area in December 2003. A two-year period of post-Removal Action confirmatory groundwater sampling was started in January 2004. Following satisfactory completion of the post-Removal Action groundwater monitoring, a final RI and ROD will be prepared.

6.10. The Army began an RI of the groundwater contamination at the Army Supply Well in 1997. Field work was finished in 1998, and the Army issued a draft RI in March 1999. The supply wells are approximately 50 feet deep, located on a peninsula on the south end of the post, exiting out into Lake Cochituate. Two (2) 300-gallon-per-minute submersible pumps formerly supplied well water to Building No. 63 (Pump House). At Building No. 63, the water was chlorinated and pumped into the distribution system for public consumption. SSC now uses town drinking water. Contaminants of concern at the Army Supply Well are chlorinated solvents.

SSC installed ten (10) additional groundwater monitoring wells during the autumn of 2003 in the area southeast and southwest of Building 2 and 45 to delineate the extent of the plume. Based on initial results of groundwater sampling of these ten additional wells in January 2004, a network of passive vapor diffusion samplers was installed in June 2004. Vapor diffusion sampling locations included Lake Cochituate south pond, southwest of Building 45 and east of Building 2 in Pegan Cove. Groundwater monitoring is currently being conducted in the area as part of the Site-wide groundwater monitoring program. A pilot study work plan concerning this plume

−18− will be completed in 2006/2007. It is likely that groundwater will be extracted from the plume and directed to the existing T-25 area groundwater treatment system.

Source area reduction measures via enhanced in-situ bioremediation may also be employed at the Site in the future

6.11. The Army began a Site Investigation at the Boiler Plant Area (Building 19) in 1998. Soil, sediment and groundwater samples have been taken, and an Action Memorandum for excavation was signed in 1999. The site consists of a boiler blowdown tank and an associated leaching field connected to Building 19 basement floor drains. In addition, a sink from the former pesticide mixing area in the Building 19 basement may have been connected to the boiler blowdown tank. Contaminants of concern are petroleum, polychlorinated biphenyls (PCBs) and pesticides in both soil and groundwater. A Removal Action was completed in 2001 consisting of removal of the blowdown tank leaching field and a quantity of contaminated soil.

Post-IRA confirmatory groundwater monitoring is currently being conducted in the area as part of the Site-wide groundwater monitoring program. The SI Report will be completed following two years of confirmatory groundwater monitoring.

6.12. During the Boiler Plant Area SI, a groundwater plume was discovered associated with Building 22, which was a former Hazardous Materials Issue Building from the 1950s to 1989. Soil, sediment and groundwater have been sampled, and a site investigation was completed in 2000. The primary contaminant of concern in groundwater is tetrachloroethene (PCE). An RI was initiated in 2000 to delineate the contamination. Additional groundwater monitoring wells and direct-push groundwater sampling indicated that a PCE plume extends both to the south and to the west of a groundwater divide located beneath Building 36. Groundwater containing PCE discharges to Lake Cochituate to the west of Building 36 as well as to the south of Building 22 into the Boiler Plant cove. Groundwater sampling results indicate up to 600 parts per billion of PCE. A draft RI report was submitted to EPA in 2004. A draft Feasibility Study Report was submitted to EPA in October 2004.

Additional soil sampling was completed in 2004 and a Draft Supplemental Remedial Investigation Report was submitted to EPA in October 2005. A pilot study work plan for this plume will be completed in 2006/2007. It is likely that groundwater will be extracted from the plume and directed to the existing T-25 area groundwater treatment system. Source area reduction measures via enhanced in-situ bioremediation may also be employed at the Site in the future.

6.13. Main Stormwater Outfall sediments were discovered in 1998 to contain PCBs.

This outfall drains an area that includes the location of a transformer that exploded in 1980, releasing an undetermined quantity of PCBs. PCB-contaminated soil around the transformer was remediated under contract to the Army Corps of Engineers in 1992. Oil/water separators were installed at all stormwater outfalls in 1997 to reduce the potential for future Releases from the outfall. A screening-level assessment has indicated no risk to human health from exposure to sediment and surface water. A Tier II ecological risk assessment (ERA) was completed in 2000. A Tier III ERA was completed in 2004. The Tier III ERA found potential incremental risk to

−19− mammals and fish. Chemicals of concern (COCs) identified as the key potential risk drivers, include polychlorinated biphenyl (PCBs), cadmium, and zinc. A draft sediment risk management technical memorandum was submitted to EPA in December 2004. Additional fishing surveys are in progress to supplement the human health risk assessment data in the draft sediment risk technical memorandum.

Response Actions are being coordinated at the three sediment-related sites.

6.14. T-25 Area Stormwater Outfall drains the T-25 area, a portion of which was used to store PAH compounds and pesticides in drums. The deposited sediment plume from the outfall was discovered to contain pesticides and polycyclic aromatic hydrocarbons (PAHs) over an area approximately 100 feet wide and extending from 50 to approximately 250 feet from the shore into Lake Cochituate. Oil/water separators were installed at all stormwater outfalls in 1997 to reduce the potential for future Releases from the outfall. A screening-level assessment has indicated no risk to human health from exposure to sediment and surface water. A Tier II ERA was completed in 2000. A Tier III ERA was completed in 2004. The Tier III ERA found potential incremental risk (mammals and fish), and on the COCs identified as the key potential risk drivers, including PCBs, cadmium, and zinc. A human health risk assessment was requested by EPA and is in progress as part of a sediment risk management memorandum to be completed in the autumn of 2004. Response Actions are being coordinated at the three sediment-related sites.

6.15. Building 2 & 45 Parking Lot Outfall drains the parking area south of the two named buildings at SSC into Lake Cochituate. The deposited sediment plume from this outfall was determined to contain PCBs and PAH compounds, and covers an area between 50 feet and approximately 100 feet from the shore, and is approximately 50 feet wide. Oil/water separators were installed at all stormwater outfalls in 1997 to reduce the potential for future Releases from the outfall. A screening-level assessment has indicated no risk to human health from exposure to sediment and surface water. A Tier II ERA was completed in 2000. A Tier III ERA was completed in 2004. The Tier III ERA found potential incremental risk (mammals and fish), and on the COCs identified as the key potential risk drivers, including PCBs, cadmium, and zinc. A human health risk assessment was requested by EPA and is in progress as part of a sediment risk management memorandum to be completed in the autumn of 2004. Response Actions are being coordinated at the three sediment-related sites.

6.16. The Army has performed several Interim Remedial Actions, including the 1991 removal of a 1,000-gallon waste oil tank and associated contaminated soils and the 1992 removal of PCB-contaminated soil from an exploded transformer. Also, in 1998, the Army undertook a Removal Action in the Storage Area within the T-25 Area to remove pesticide-contaminated soils. A final Removal Action Report was completed in February 1999.

6.17. Numerous studies and investigations have been carried out in order to detect and characterize the extent and effects of contamination at the Site. These studies

−20− include the following:

Section Title Status Date

6.17.1. Analysis of Existing Facilities/Environmental Assessment

Report, U.S. Army Natick Research and Development Command, Natick, Massachusetts

11/1/1978

6.17.2. Installation Assessment of U.S. Army Natick Research and Development Command, Report # 170

5/1/1980

6.17.3. Phase II Petrix Gas Survey conducted at U.S. Army Natick Research, Development and Engineering Center (NRDEC)

4/1/1990

6.17.4. Final Report Master Environmental Plan for the U.S. Army Natick Research, Development and Engineering Center

(NRDEC)

Final 1/1/1993

6.17.5. Interim Remedial Action Study, Remedial

Investigation/Feasibility Study (RI/FS) for T-25 Area at the U.S. Army Natick Research, Development, and Engineering Center (NRDEC), Natick, Massachusetts

3/23/1993

6.17.6. EPA Final Hazard Ranking System (HRS), U.S. Army

Natick Research, Development and Engineering Center

(NRDEC)

5/10/1993

6.17.7. Draft Report, Assessment of Location-Specific Applicable or Relevant and Appropriate Requirements (ARARS) for the U.S. Army Natick Research, Development and Engineering Center (NRDEC), Natick, Massachusetts

Draft 6/15/1993

6.17.8. Draft Feasibility Study Report, T-25 Area at the U.S. Army Natick Research, Development and Engineering Center (NRDEC), Natick, Massachusetts

Draft 7/1/1994

6.17.9. Agency for Toxic Substances and Disease Registry, Department of Health and Human Services, Public Health Service Site Visit Summary for the U.S. Army Natick Research, Development and Engineering Center (NRDEC), Natick, Massachusetts

9/1/1994

6.17.10. Draft Remedial Investigation (RI) Addendum T-25 Area and Water Supply Wells at the U.S. Army Natick Research, Development and Engineering Center (NRDEC)

Draft 9/1/1994

6.17.11. Draft Geophysical Investigation, Natick Research and Development Engineering Center (NRDEC), Natick, Massachusetts

Draft 1/1/1995

6.17.12. Prepare Ground Water Model for Natick Research and

Development and Engineering Center (NRDEC), Draft Technical Plan

3/10/1995

6.17.13. Draft Work Plan Remedial Investigation/Feasibility Study (RI/FS) and Interim Remedial Alternatives (IRA) Study and Design for the T-25 Area at the U.S. Army Natick Research, Development and Engineering Center (NRDEC)

Draft 3/1/1995

−21−

6.17.14. Draft Stepped Rate Aquifer Test Design, T-25 Area at the U.S. Army Soldier Systems Command (SSCOM), Natick, Massachusetts

Draft 3/1/1996

6.17.15. Final Health and Safety Plan, Remedial

Investigation/Feasibility Study (RI/FS) for T-25 Area at U.S.

Army Natick Research, Development and Engineering Center (NRDEC), Natick, Massachusetts

Final 6/1/1996

6.17.16. Final Work Plan - Phase II Remedial Investigation (RI) for T-25 Area at the U.S. Army Soldier Systems Command (SSCOM) Natick, Massachusetts

Final 6/1/1996

6.17.17. Final Quality Assurance Project Plan - Phase II Remedial Investigation (RI) for T-25 Area at the U.S. Army Soldier Systems Command (SSCOM) Natick, Massachusetts - Volume I of II

Final 6/1/1996

6.17.18. Final Quality Assurance Project Plan - Phase II Remedial Investigation (RI) for T-25 Area at the U.S. Army Soldier Systems Command (SSCOM) Natick, Massachusetts - Volume II of II

Final 6/1/1996

6.17.19. Final Quality Assurance Project Plan Remedial

Investigation/Feasibility Study (RI/FS) and Interim Remedial Alternatives (IRA) Study and Design for T-25 Area at the U.S. Army Natick Research, Development and Engineering Center (NRDEC), Natick, Massachusett

Final 7/1/1996

6.17.20. Draft Final Community Relations Plan - U.S. Army Soldier Systems Command (SSCOM) Natick, Massachusetts

Draft 7/1/1996

6.17.21. Draft Final Letter Report Survey of Local Properties - Remedial Investigation/Feasibility Study (RI/FS) for T-25 Area at the U.S. Army Natick Research, Development and Engineering Center (NRDEC), Natick, Massachusetts

Draft 7/1/1996

6.17.22. Phase I Final Work Plan - Remedial Investigation/Feasibility Study (RI/FS) and Interim Remedial Alternatives (IRA) Study and Design for T-25 Area at the U.S. Army Natick Research, Development and Engineering Center (NRDEC), Natick Massachusetts

8/1/1996

6.17.23. Final Phase I Remedial Investigation (RI) Report Volume I of III Sections 1.0 through 8.0 - T-25 Area at the U.S. Army Natick Research, Development and Engineering Center (NRDEC), Natick, Massachusetts

Final 8/1/1996

6.17.24. Final Phase I Remedial Investigation (RI) Report Volume II of III Appendices - T-25 Area at the U.S. Army Natick Research, Development and Engineering Center (NRDEC), Natick, Massachusetts

Final 8/1/1996

6.17.25. Final Phase I Remedial Investigation (RI) Report Volume III of III Appendices - T-25 Area at the U.S. Army Natick Research, Development and Engineering Center (NRDEC), Final 8/1/1996

−22−

Natick, Massachusetts

6.17.26. Draft Final Quarterly Ground Water Monitoring Report

(Summer and Fall 1995) - T-25 Area, Water Supply Well Area, and Former Proposed Gymnasium Area at the U.S.

Army Soldier Systems Command (SSCOM) Natick, Massachusetts

Draft 8/1/1996

6.17.27. DRAFT Action Memorandum Storage Area, U.S. Army

Soldier Systems Command (SSCOM) Natick, Massachusetts, Revision 1

Draft 11/1/1996

6.17.28. Draft Quarterly Ground Water Monitoring Report (Winter 1996 and Spring 1996) - T-25 Area, Water Supply Well Area, and Former Proposed Gymnasium Area, and Boiler Plant Area at the U.S. Army Soldier Systems Command (SSCOM), Natick, Massachusetts

Draft 12/1/1996

6.17.29. Phase II Field Investigation Data, Remedial Investigation (RI) of the T-25 Area at the U.S. Army Soldier Systems Command (SSCOM), Natick, Massachusetts

1/1/1997

6.17.30. Draft Quality Assurance Project Plan-Addendum, Sections

1.0 - 15.0, U.S. Army Soldier Systems Command (SSCOM), Natick, Massachusetts

Draft 5/1/1997

6.17.31. Draft Health and Safety Plan-Addendum Former Proposed Gymnasium Site, SSCOM Water Supply Wells Remedial Investigation (RI) Data Item A003

Draft 5/1/1997

6.17.32. Draft Final Work Plan, Former Proposed Gymnasium Site, SSCOM Water Supply Wells Remedial Investigation (RI) Data Item A003

Draft 6/1/1997

6.17.33. Final Report Ground Water Model for Soldier Systems

Command (SSCOM), Natick, Massachusetts

Final 6/1/1997

6.17.34. Draft Quarterly Ground Water Monitoring Report (Summer 1996, Fall 1996 and Winter 1996\1997) - T-25 Area, Water Supply Well Area, and Former Proposed Gymnasium Area, and Boiler Plant Area at the U.S. Army Soldier Systems Command (SSCOM), Natick, Massachusetts

Draft 6/1/1997

6.17.35. Agency for Toxic Substance and Disease Registry Public Health Assessment for Natick Laboratory Army Research a/k/a U.S. Army Soldier Systems Command (SSCOM), Natick, Massachusetts

7/1/1997

6.17.36. Final Site Safety and Health Plan for Storage Area Removal Action T-25 Area, U.S. Army Soldier Systems Command (SSCOM), Natick, Massachusetts

Final 8/1/1997

6.17.37. Final Removal Action Work Plan for Storage Area Removal Action T-25 Area, U.S. Army Soldier Systems Command (SSCOM), Natick, Massachusetts

Final 8/1/1997

6.17.38. Final Treatability Study Work Plan - T-25 Area at the U.S.

Army Soldier Systems Command (SSCOM), Natick, Final 10/15/1997

−23−

Massachusetts

6.17.39. Final Work Plan Former Proposed Gymnasium Site, Soldier

Systems Command (SSCOM) Water Supply Wells Remedial Investigation (RI) Data Item A003

Final 12/1/1997

6.17.40. Draft Final Quarterly Groundwater Sampling Report Event 14 (July 1997) at the U.S. Army Soldier Systems Command (SSCOM), Natick, Massachusetts

Draft 3/1/1998

6.17.41. Public Health Assessment for the U.S. Army Soldier

Systems Command (SSCOM), Natick, Massachusetts

3/1/1998

6.17.42. Health Consultation for the U.S. Army Soldier Systems Command (SSCOM), Natick, Massachusetts

3/1/1998

6.17.43. Draft Technical Work Plan,…