Federal Facility Agreement (FFA) Amendment #3

A fact sheet providing an update on the Federal Facility Agreement

The purpose of this fact sheet is to describe the recently signed amendment to the Federal Facility Agreement (FFA).

• The FFA is an agreement signed on July 17, 1991 between the National Guard Bureau (NGB), the U.S. Coast Guard (USCG), and the U.S. Environmental Protection Agency (EPA), guiding the cleanup of the Massachusetts Military Reservation (MMR). In 1995, the FFA was amended to add the United States Air Force (AF) as the lead agent for cleanup at MMR. The FFA contains the schedules and deadlines for all sites on the base that are being investigated and cleaned up under the Installation Restoration Program (IRP), the base cleanup program for past environmental contamination.
• The FFA is mandated under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
• Amendment 3 to the FFA removes the United States Coast Guard from its status as a Party to the FFA.
• For the most current FFA schedules, please refer to the fact sheet, Federal Facility Agreement (FFA) Schedule Amendments, October 1999 (#99-10)

The general purpose of the FFA is: [1] to ensure that the environmental impacts associated with the past activities at MMR are thoroughly investigated; [2] to ensure that appropriate response action is taken, as necessary, to protect the public health, and the environment; [3] to establish a framework and timetable for developing, implementing and monitoring appropriate response actions at MMR in accordance with the requirements in CERCLA; and [4] to facilitate cooperation, exchange of information and participation between the EPA, NGB, and USCG.

Beyond this general scope, the specific intent of the FFA for cleanup programs at MMR is to:

• Establish requirements for the implementation of Site Investigations (SI), and Remedial Investigations (RI) to assess the nature and extent of contamination to the public health and environment.
• Establish requirements for the implementation of Feasibility Studies (FS) to identify, evaluate, and select alternatives for the appropriate remedial actions.
• Identify the nature, objective, and schedule of response actions taken at MMR to attain the degree of cleanup of hazardous materials mandated under CERCLA.
• Implement remedial actions in accordance with CERCLA.
• Expedite the cleanup process to the extent consistent with the protection of public health, and the environment.

Main Text of Amendment 3

Amendment 3 to the FFA provides: "Pursuant to Section XXVIII of the Federal Facility Agreement (FFA) for the Massachusetts Military Reservation (MMR) Superfund Site signed on July 17, 1991 and subsequently amended, the U.S. Environmental Protection Agency, Region I, the U.S. Department of the Air Force, the U.S. National Guard Bureau, and the U.S. Coast Guard (collectively, the Parties) hereby amend the FFA to remove the U.S Coast Guard as a Party to the FFA; provided however, that (i) such removal in no way affects the obligations of the U.S. Coast Guard under the terms of the 'United States Coast Guard and United States National Guard Bureau Memorandum of Agreement for the Massachusetts Military Reservation, Cape Cod, Massachusetts,' dated February 6, 1995; and (ii) the U.S. Environmental Protection Agency reserves its rights to enforce against the U.S. Coast Guard under all applicable environmental laws."

Why is the U.S. Coast Guard being removed from the FFA?

The United States Coast Guard requested of the other parties (EPA, NGB, AF) to the FFA to be removed as a signatory. The other parties agreed to the request for removal. The USCG has not played an active role in implementing cleanup obligations under the FFA. Instead, the NGB, and now the AF, have assumed the lead in undertaking response actions at the site. The USCG has agreed to reimburse the lead agent under an existing Memorandum of Agreement with the NGB. This agreement sets forth the USCG’s commitment to pay its share of cleanup costs at MMR. The parties contemplate that removing the USCG will have no impact on management, funding or schedules of the MMR IRP.

Glossary

Feasibility Study (FS)—a report that identifies and screens potential cleanup alternatives for a site that requires further remedial action.

Site Investigation (SI)—The Site Inspection (SI) is used by EPA to evaluate the potential for a release of hazardous substances from a site.

Remedial Investigation (RI)—an investigation to gather and analyze data necessary to determine the nature and extent of contamination of a site.

For more information:

Doug Karson, Community Involvement Specialist
HQ AFCEE/MMR
322 East Inner Road
Otis ANGB Base, MA 02542-5028
Phone: (508) 968-4678 x 2 Fax: (508) 968-4673
e-mail: doug.karson@mmr.brooks.af.mil

Jim Murphy, Community Involvement Coordinator
USEPA Region I, Suite 1100
One Congress St (RAA)
Boston, MA 02203
Phone: (617) 918-1028 Fax: (617) 918-1029
e-mail: murphy.jim@epa.gov