| Fact Sheet #2000-06 March 2000 Federal Facility Agreement (FFA) Amendment #4 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).
Background 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:
Main Text of Amendment 4 Amendment 4 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, and the U.S. National Guard Bureau (collectively, the Parties) hereby amend the FFA as follows. The Parties agree to add Section 7003 of RCRA of the Resource Conservation and Recovery Act to the FFA to address those sites caused solely by petroleum releases which fall within the scope of the CERCLA 'petroleum exclusion' described in the last sentence of CERCLA section 101(14)." Please note that a newly revised FFA which supercedes all prior versions is being published in its entirety and can be obtained from the IRP office upon request. The parties agreed to reissue and re-execute the agreement. Changes have been made throughout the text of the FFA to incorporate amendments 3 and 4 and to update factual information in the FFA. Why is Section 7003 of RCRA being added to the FFA? When the FFA was originally signed in 1991, the Parties agreed to include the investigation and cleanup of all fuel spill sites under the IRP response actions. Recently, however, questions were raised regarding whether, as a legal matter, some of these sites which contain strictly petroleum, its constituents and/or additives are appropriately covered under the FFA, an agreement arising under CERCLA section 120. CERCLA contains a provision, which excludes petroleum from the definition of "hazardous substances." Because the Parties believe that investigation and cleanup of all MMR sites (including petroleum sites) should proceed as planned and on schedule, the NGB, AF and EPA have agreed to add RCRA section 7003 to the FFA in order to ensure that sites caused solely by releases of petroleum are adequately regulated under the FFA. Petroleum is not excluded under RCRA. This amendment, however, does not limit in any way EPA’s or the Commonwealth's existing RCRA authority over other sites at MMR. 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 Jim Murphy, Community Involvement Coordinator
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