Memorandum of Understanding between the U.S. Environmental Protection Agency and the U.S. Department of Defense
Subject: Support for Implementation of Fast Track Cleanup at Closing Department Of Defense (DoD) Installations
Purpose: The purpose of this Memorandum of Understanding (MOU) is to establish responsibilities and funding for the U.S. Environmental Protection Agency's (EPA) assistance in accelerating cleanup at closing DoD installations. This MOU is entered pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (1988), Section 204, (a)(3) and The Defense Base Closure and Realignment Act of 1990, Section 2905, (a)(l)(E) (10 U.S.C. 2687).
Scope: DoD will make funds available to EPA annually, beginning in Fiscal Year 1994, for Fast Track Cleanup assistance at bases designated for closure and accelerated cleanup in the 1988, 1991, and 1993 closure rounds. Fast Track Cleanup support for bases listed for closure in subsequent years may be incorporated via an amendment to this agreement. This program will continue for a minimum of five years. As the lead agency for implementation of the President's Fast Track Cleanup, DoD requires additional assistance from EPA at facilities where cleanup will be accelerated in support of economic revitalization of surrounding communities. The scope of work is described in Attachment A.
Program Funding: Funds up to $7 million will be made available for FY 1994. The cost estimate for FY 1995 through FY 1998 is currently projected not to exceed $7 million annually. Any change to this maximum amount for future fiscal years must be agreed to by both parties not later than August 30 of the previous fiscal year. These changes will be incorporated into this MOU via an amendment. Nothing in this MOU shall be interpreted to require obligation or payment in violation of the provisions of the Anti-Deficiency Act (31 U-S.C. 1341).
Funds shall be provided to EPA annually through the issuance of a Military Interdepartmental Purchase Requisition (MIPR) by the U.S. Army, as the DoD Executive Agent for funding transfers to support this program. Funds will be transferred as requested by EPA and approved by the Deputy Under Secretary of Defense (Environmental Security). Funds will be used for salaried EPA employees and costs related to their activities.
Program duration and termination: This agreement expires September 30, 1998, but may be extended upon the agreement of the signatories to this MOU. Modifications to this MOU may be made upon the mutual agreement of the signatories; however, modifications shall be made in writing. The MOU will remain unchanged absent a response. Conflicts arising between the signatories shall be resolved administratively between the agencies. Absent agreement, dispute resolution shall be in accordance with procedures resolving disputes between Federal agencies.
Reporting: EPA agrees to provide quarterly reports demonstrating program progress and internal review to the Office of the Deputy Under Secretary of Defense (Environmental Security), The Pentagon, 3400 Defense Pentagon, Washington, DC 20301-3400. Reports shall include, as a minimum, program progress/achievements, expenditures to date, and reports from internal program reviews.
Signature on file
Sherri Wasserman Goodman
Deputy Under Secretary of Defense
Department of Defense
Signature on file
Elliott P. Laws
Office of Solid Waste and Emergency Response
Environmental Protection Agency
Signature on file
Walter Scott McMoran
Chief, Grants Information and Analysis Branch
Environmental Protection Agency Action Official
Attachment A: Statement of Work - EPA's Assistance to DoD for Fast Track Cleanup
In support of the Department of Defense (DoD) and its Fast Track Cleanup for closing and realigning bases, the Environmental Protection Agency (EPA) will create the Model Accelerated Cleanup (MAC) Program for selected bases. The MAC will be carried out by Regional teams with a small EPA headquarters contingent for coordination and oversight responsibilities. The allocation of the 100 full-time equivalents funded by DoD will be up to seven at EPA Headquarters and the balance in the EPA Regions.
MAC teams will be managed by the EPA Regional offices and will be accountable to appropriate Regional Division Directors and, ultimately, to the National Program Manager for Federal Facilities in the Office of Solid Waste and Emergency Response.
A key participant in the MAC team is the Remedial (or site) Project Manager (RPM). For major closing or realigning bases that are on the National Priorities List (NPL), EPA Regions will assign an RPM full time to work with DoD, the State and local communities to expedite the cleanup process. For non-NPL closing bases or minor realigning installations, the Region may assign an RPM to more than one base. The RPM assigned to a base will be EPA's representative on the Base Cleanup Team (BCT). The RPM will be supported by a team of experts that will work across installations, depending upon the needs at a site at a given time. The RPM and support team members will be readily available for on-site meetings to facilitate concurrent review of documents and on-site decision making. The use of EPA employees for technical support will also accelerate document review and up front decision making. Through close, on-site coordination and discussion at the earliest stages of a project, the EPA/DoD/State team will be able to streamline the review and decision making process.
The support team may include experts in such areas as hydrogeology, health risk assessment and toxicology, ecological risk assessment, engineering, community relations, field work support (sampling and site assessment) and clean parcel identification. Administrative, management, and legal support will also be provided to address regulatory complexities and policy issues.
Areas in which the MAC teams will work closely with DoD include, but are not limited to:
- Accelerating the identification of clean parcels under CERFA;
- Development of BRAC Cleanup Plans;
- Promoting community involvement in restoration and reuse decision making;
- Supporting up-front planning and scoping;
- Preparing and reviewing documents on an accelerated basis, for example, concurrent review of draft and final EBS documents;
- Accelerating the review of the Remedial Investigation/Feasibility Study (RI/FS), Remedial Design (RD), and Remedial Action (RA) study and sampling data; and
- Expediting review of environmental documentation relating to deeds and leases to accelerate economic revitalization through reuse.
MAC team resources and expertise will also be available to the states at non-NPL sites. The amount of technical support required at non-NPL sites will vary, depending on the development of a state's environmental program, and the potential of the site for listing on the NPL.
EPA will provide the DoD a summary of activities and accomplishments and a financial report, quarterly, during each of the five fiscal years that this MOU covers.