Text Box: Text Box: Page # Text Box: Volume 7, issue 1 Text Box: 2009 from 1 to 3 pm [sponsored by USEPA Technical Support Project Engineering Forum] “New Year, New CLU-IN!” January 16 and January 30, 2009 from 1 to 2 pm Text Box: Training (continued from p. 4) Text Box: “Frequently Asked Questions Regarding Management of Chlorinated Solvents in Soils and Groundwater,” March 24, 2009 from 11 am to 1 pm [sponsored by the Environmental Security

Technology Certification Program]

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Next Page Previous Page PAERAB Home Text Box: that action be triggered if the risk exceeds 10-4. NJDEP soil standards are predicated on a risk exceeding 10-6. Although the NJDEP is a party to the oversight of the environmental remediation effort at Picatinny Arsenal it is considered a support agency Text Box: and the USEPA is the lead agency. The Army explains that the NJDEP did not sign the inter-agency agreement governing remediation of contaminated sites at the Arsenal. Apparently the NJDEP is also subject to the terms of several agreements between the Text Box: NJDEP and the Army that are presumably intended to facilitate New Jersey’s participation in Installation Restoration Program / CERCLA activities at Picatinny Arsenal and also at other federal facilities in New Jersey.

DISPUTE  OVER  NJ  SOIL  STANDARDS (CONT’D)

Text Box: The environmental remediation effort at Picatinny Arsenal is legally governed by New Jersey State Statutes, New Jersey Administrative Code, the United States Federal Code and it is also impacted by legal agreements between the State of New Jersey and the United States Department of Defense (DoD). Cooperative agreements intended to facilitate environmental remediation efforts have been proposed, drafted, enacted and/or revised between NJ and the DoD — such as the following : Memorandum of Understanding By and Between United States Army Tank-Automotive and Armaments Command Armament Research, Development and Engineering Center, Picatinny Arsenal, NJ and New Jersey Department of Environmental Protection (NJDEP). The revised draft, dated 4-30-01, of this memorandum states on its first Text Box: page that its purpose is to establish : “... a partnership to develop, demonstrate and implement innovative approaches to environmental management to ensure clean air, clear waters, clean soil, and preserve and sustain land and natural resources” . This agreement includes the following: Testing and evaluation of new remediation technology and methods Transfer of such technologies and methods to the DoD and also to commercial applications Development of goals and strategies for future improvements. Throughout the years the DoD and the NJDEP have entered into a Defense and State Memorandum of Agreement (DSMOA) and also a Cooperative Agreement (CA) to establish a basic partnership which also includes a provision for financial reimbursement of the NJDEP by the DoD. Text Box: On 09/01/2000 former Senator Torricelli’s office had kindly provided the PAERAB with a copy of a Voluntary Cleanup Agreement (VCA) dated August 30, 2000 that supplements the DSMOA and the CA. The VCA includes the NJDEP, Army, Navy, Air Force and Defense Logistics Agency as signatories. Page 2 stipulates the exclusion of provision for : “...detection and disposal of unexploded ordinance…” Page 3 specifies : “… Reimbursement for DEP support services for sites subject to this Agreement will be made in accordance with the … DSMOA/CA … DEP will not review documents without being reimbursed”. Such cooperative agreements can synergistically facilitate environmental remediation efforts and research everywhere — if they are implemented energetically, properly, and with sufficient resources.

Cooperative (legal) agreements to cleanup ...  by  Michael Glaab