Attachment 1
Amendment No. 2, 25 April 1997, Federal Facility AgreementPursuant to Section XXVIII of the Federal Facility Agreement (FFA) for the
Massachusetts Military Reservation (MMR) Superfund Site signed on July 17, 1991 and
previously amended on May 15, 1996, the U.S. Environmental Protection Agency, Region I,
the Department of the Air Force, the National Guard Bureau, and the U.S. Coast Guard
hereby amend the FFA. As provided in FFA Section 28.1, the Parties agree that this
Amendment No. 2, the attached FFA Milestone Summary (which is being added to the FFA as
Appendix III, Timetable 3) and the attached Plume Response Decision Criteria and Schedule
(which is being added to the FFA as Appendix VI) will become effective on April 25, 1997.
The Parties agree that the requirements of this Amendment, the FFA Milestone Summary and
Plume Response Decision Criteria and Schedule are incorporated into the FFA and that these
requirements are enforceable under the FFA, including, but not limited to, Sections II,
XVII, XX and XXI of the FFA, and shall constitute a "term" or
"condition" of the FFA, subject to the following limitation: USAF's commitment
to use the evaluation procedure in the Plume Response Decision Criteria and Schedule
document is the sole enforceable component of that document, with the exception of the FFA
Milestone Summary (Appendix V to that document), whose milestones are enforceable. This
Amendment incorporates significant comments received during the public comment period
which extended from February 10 through March 10, 1997.
The FFA is hereby amended as follows:
1) The list of Appendices following the Table of Contents
is amended to reference Appendix V (added pursuant to Amendment No. 1 dated May 15, 1996)
and Appendix VI (Plume Response Decision Criteria and Schedule, which is being added
pursuant to this Amendment No. 2).
2) The attached FFA Milestone Summary (Plume Response
Enforceable Schedule Summary) is added as Timetable 3 to Appendix III of the FFA
(Deadlines and Schedules).
3) The following paragraph is being added to Section XIV
(Deadlines and Schedules):
14.6 The Parties agree to the milestones established in
Timetable 3 of Appendix III - FFA Milestone Summary (Plume Response Enforceable Schedule
Summary). Timetable 3 includes enforceable milestones for activities which extend beyond
the current fiscal year through system start-up for each plume. The Parties agree that the
system start-up dates contained in Timetable 3 represent the latest dates by which system
startup will be achieved. After the decision point milestone has been reached for each
plume, a Full Scale Implementation Plan shall be submitted within 60 days of such decision
point which contains a more detailed schedule for implementation of the selected remedy.
Once the Parties have agreed to the milestones included in the Full Scale Implementation
Plan, any such milestones which are enforceable shall be incorporated into Timetable 3.
The Parties agree that extensions to milestones preceding the system start-up date which
are granted by EPA may be grounds for extension of the corresponding system start-up
milestone, but shall not automatically be grounds for any such extension. The public shall
be regularly advised of all extensions to enforceable milestones under Timetable 3.
4) Paragraph 14.6 of the FFA shall be renumbered as 14.7.
5) The attached Plume Response Decision Criteria and
Schedule is added to the FFA as Appendix VI.
6) The following item is being added to list of Study Areas
and Areas of Contamination contained in paragraph 5.24 of the FFA: |
