Page 3 of the PAERAB's Spring 2008 TAPP Contractor Newsletter

Text Box: The RAB was recently informed that, due to the difficulties resultant of the severe legal time constraints imposed on Arcadis by its exacting performance based contract at Picatinny Arsenal, the U.S. Army requests that in the foreseeable future that representatives of the board not attend technical meetings conducted by ARCADIS. Mr. Glaab was verbally informed of this new development by Mr. Tom Solecki and Mr. Ted Gabel of Picatinny Arsenal less than an hour prior to the last RAB meeting held on January 24, 2008. At that time Mr. Solecki and Mr. Gabel verbally affirmed to Mr. Glaab that technical meeting minutes will be provided to the board and they also suggested the possibility of conducting separate informative meetings with the RAB, presumably not attended by Arcadis. ARCADIS was recently retained by the Army for an ambitious performance-based contract for “cleanup” of most of the sites at Picatinny. Typically ARCADIS has conducted monthly to bimonthly meetings to discuss technical issues related to project implementation. NJDEP and USEPA representatives are typically present at these meetings. In addition one or more representatives of Picatinny Arsenal, the Army Environmental Center (AEC), and the US Army Corps of Engineers attend. Meetings typically focused on the presentation of data – usually in advance of a report or work plan being issued to the regulators.

Army closes technical meetings to RAB attendees

Nationwide, such technical meetings appear to primarily be forums in which the principal environmental remediation stakeholders such as the U.S. Army, the NJDEP and the USEPA analyze and discuss in technical detail the nature and extent of their environmental concerns and hopefully establish by consensus remediation goals and plans in conformity with state statutes and federal regulations.

These meetings provide a useful forum for the dissemination and exchange of technical information that sometimes is not available through formal channels.

The Picatinny RAB has historically been one of only a few RABs in the nation able to have a representative attend all technical meetings related to the Installation Restoration Program at Picatinny Arsenal. The initial invitation to attend had been extended many years ago by Mr. Gabel. Mr. Glaab had then been informed that such technical meetings are not always attended by RAB representatives.

Since then the RAB Community Co-chmn. and/or the RAB’s TAPP Technical Consultant have regularly attended these meetings. Accordingly, among the criteria for the selection of the board’s consultant is the ability to attend these

technical meetings and to meaningfully inform the RAB of their import. Immediately after the meeting Mr. Paul Schaefer of AEC was asked by Mr. Glaab about the request to not attend. Mr. Schaefer responded that the request had probably been made by the Garrison Commander at Picatinny Arsenal.

Mr. Ted Gabel elaborated with the explanation that “The TAPP contractor is provided to assist the RAB. The RAB and the RAB Community Co-Chair have full access to all Picatinny related Installation Restoration Program documents. Any site or any appropriate restoration subject can be discussed at the RAB meetings. Picatinny and its contractors will continue to share with the RAB any decisions that are made and will continue to allow the RAB to comment on all aspects of the remediation program.

The Army is requiring that Picatinny’s technical meetings be managed consistently with the Army’s program and having the TAPP Consultant and Community Co-Chair at the technical meeting is outside the public involvement requirements of CERCLA.

This is also intended to increase the chance of success for the contractor to meet his goals under a performance-based contract. These technical meetings are the Army’s opportunity to meet with the EPA and DEP to develop technically acceptable

solutions that will also be acceptable to the regulators.

The Army including Arcadis would be pleased to meet with the TAPP contractor, the Community Co-Chair, or interested members of the RAB if the public would like more information about any of the restoration sites so the public can remain fully informed”.

Mr. Glaab states the following : “To assure process transparency and public participation it is, in my opinion, essential that a qualified representative of the RAB— such as our TAPP Consultant—attend these technical meetings to keep the board and the public duly informed and to minimize ‘group think’ conformity adversely biasing and impairing the process. Of course , with Arcadis’ deadline looming the RAB does not want to impede the principal environmental remediation partners’ efforts. Arcadis must satisfy its contractual obligations and deadlines and it is the statutorily assigned responsibility of the US Army, the NJDEP and the USEPA to remediate the Arsenal - whether or not a board representative is present at their technical meetings.”