Page 8 of the PAERAB's Spring 2008 TAPP Contractor Newsletter

Text Box: Another point of contention between the US Army and the USEPA pertains to the regulatory driver for groundwater cleanup at Picatinny Arsenal. This sticking point was also a topic of discussion at the February 27, 2008 meeting of the USEPA, the NJDEP, Picatinny Arsenal, the Army Environmental Command, the Army Corps of Engineers, and Arcadis. The meeting minutes state the following: “Previously, the Army’s position had been that no active remedy was required for the groundwater because it posed no unacceptable risk (i.e., no completed pathways to current or future receptors).”

The USEPA position in regard to groundwater restoration was that “the basis for triggering action is its groundwater classification versus a risk determination.”

The USEPA has already considered classification of groundwater in regard to National Priorities List (NPL) sites in New Jersey.

In fact, the USEPA supplied a memo dated March 14, 1995 from Mr. Frank Brock of the USEPA’s Groundwater Management section.

Mr. Brock’s memo states that within a Sole Source Aquifer boundary (such as that which coincides with the Picatinny Arsenal environs), the groundwater is classified as Class IIA or Current Source of Drinking Water. According to Mr. Brock’s memorandum, the National Contingency Plan (NCP)states that “Maximum Contaminant Level Goals (MCLGs) established under the Safe Drinking Water act, that are set at levels above zero, shall be attained by remedial actions for ground or surface water that are current or potential sources of drinking water….”

Image of Fluid Draining from Faucet into Glass

Furthermore, MCLGs and MCLs are ARARs and “restoration to designated use indicates attainment of drinking water standards.” Picatinny Arsenal is within the Upper Rockaway Sole Source Aquifer (SSA) and within the Stream Flow Source Zone of the Buried Valley SSA.

No settlement has been reached between the USEPA and the US Army. It appears that the matter may become the subject of dispute resolution.

FY’08 ENDS IN SEPTEMBER….HOW MANY RODs TO GO?

At an October 2007 technical meeting ARCADIS stated that their goal for Fiscal Year 2008 (FY’08) is to complete 11 Records of Decision (RODs). Following is the list of sites that will be the focus:

· PICA 013 Optics Lab

· PICA 204 Mid-Valley

· PICA 057 Picatinny Lake/Lake Denmark

· PICA 102 Site 61/104

· PICA 008 Group 3 Sites

· PICA 079 Group 1 Sites

· PICA 072 Former DRMO Yard

· PICA 020 13 Sites

· PICA 205 Area B

Two other sites are being worked on by Shaw Engineering and are part of the goal for FY’08; those sites are the 600 Area and the Perchlorate Area.

As of the end of March no RODs have been signed for any of the listed sites. Five more months remain.