UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION I
____________________________________
In the Matter of:
Training Range and Impact Area,
Massachusetts Military Reservation

National Guard Bureau
and
Massachusetts National Guard,

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U.S. EPA Region I
EPA Docket No.: RCRA 1-2001-0014

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Respondents.
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Proceeding Under Section 7003 of the
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Resource Recovery and Conservation Act, )
42 U.S.C. § 6973
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ADMINISTRATIVE ORDER, AS
MODIFIED, FOR USE OF
CONTROLLED
DETONATION CHAMBER FOR
WASTE MUNITIONS

 ADMINISTRATIVE ORDER
FOR: MASSACHUSETTS MILITARY RESERVATION
TRAINING RANGE AND IMPACT AREA
TABLE OF CONTENTS
I.

JURISDICTION......................................................................4

II.

STATE COORDINATION....................................................4

III.

PARTIES BOUND..................................................................4

IV.

PURPOSE................................................................................4

V.

DEFINITIONS........................................................................4

VI.

FINDINGS OF FACT............................................................5

VII.

ENDANGERMENT AND RESPONSE...............................23

VIII.

CONCLUSIONS OF LAW...................................................24

IX.

DETERMINATIONS............................................................25

X.

ORDER...................................................................................25

XI.

DESIGNATION OF SUPERVISING CONTRACTOR
AND PROJECT COORDINATOR.....................................26

XII.

NOTICE OF INTENT TO COMPLY.................................27

XIII.

EPA TECHNICAL PROJECT COORDINATOR ............27

XIV.

WORK TO BE PERFORMED;
COMPLETION OF WORK.................................................28

XV.

SUBMISSIONS REQUIRING AGENCY APPROVAL
AND RESPONDENT’S OBLIGATION TO PROCEED.28

XVI.

INCORPORATION AND ENFORCEABILITY OF
DOCUMENTS.......................................................................29

XVII.

SITE ACCESS.......................................................................29

XVIII.

QUALITY ASSURANCE/SAMPLING .............................30

 XIX.

ACCESS TO INFORMATION; RECORD PRESERVATION;
CONFIDENTIALITY CLAIMS............................................30

XX.

CREATION OF DANGER; EMERGENCY RESPONSE..31

XXI.

AMENDMENTS......................................................................32

XXII.

PUBLIC INVOLVEMENT....................................................32

XXIII.
XXIV.
XXV.
XXVI.

OTHER APPLICABLE LAWS.............................................32
ENFORCEMENT; PENALTIES FOR NONCOMPLIANCE.32
DISCLAIMER OF LIABILITY BY EPA.............................33
NO RELEASE FROM LIABILITY......................................33

XXVII.

RESERVATION OF RIGHTS BY EPA...............................33

XXVIII.

OPPORTUNITY TO CONFER.............................................34

XXIX.
XXX.
XXXI.

PUBLIC COMMENT.............................................................34
EXCUSED DELAY-FORCE MAJEURE.............................34
EFFECTIVE DATE; COMPUTATION OF TIME............35

XXXII.

ANTI-DEFICIENCY ACT.....................................................35

XXXIII.

SEVERABILITY....................................................................35

XXXIV.

TERMINATION....................................................................36

XXXV.

EXISTING CONSENT DECREE.......................................36

XXXVI.

MODIFICATION TO THE SOW......................................36

 MASSACHUSETTS MILITARY RESERVATION
Administrative Order
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I. JURISDICTION
1. This Administrative Order (Order) is issued to Respondents National Guard Bureau and
Massachusetts National Guard pursuant to the authority vested in the Administrator of the United
States Environmental Protection Agency (EPA) by Section 7003 of the Solid Waste Disposal Act,
commonly referred to as the Resource Recovery and Conservation Act of 1976 (RCRA), as
amended by the Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. § 6973. The
Administrator of EPA has delegated the authority to take these actions to the Regional
Administrator of EPA Region I by EPA Delegation No. 8-22-A and 8-22-B dated March 20,
1985.
2. In the interests of environmental protection and public health, EPA hereby orders Respondent
National Guard Bureau to undertake all actions required by this Order. With respect to actions
to be conducted, Respondent Massachusetts National Guard shall only be responsible to assist
Respondent National Guard Bureau for Work under Section XVII (Access) and Section XX
(Creation of Danger, Emergency Response).
II. STATE COORDINATION
3. Pursuant to Section 7003(a) of RCRA, 42 U.S.C. § 6973(a), the Commonwealth of
Massachusetts has been notified in writing of the issuance of this Order.
III. PARTIES BOUND
4. This Order shall apply to and be binding upon the Respondents, and upon their affiliated
organizations, agents, contractors, and consultants.
IV. PURPOSE
5. This Order requires the Respondent National Guard Bureau to employ a controlled detonation
chamber for the disposal of waste munitions and unexploded ordnance which have been buried
or otherwise disposed of, within the meaning of RCRA, at the Massachusetts Military
Reservation (MMR) Training Range and Impact Area. The required actions are described more
fully in the Statement of Work (SOW) attached to this Order as Appendix A, which is
enforceable hereunder.
V. DEFINITIONS
6. All other terms, not otherwise defined herein, shall have their ordinary meanings unless
defined in RCRA, in which case the RCRA definition shall control.
"Contractor" shall mean any person, including the contractors, subcontractors, or agents,
retained or hired by Respondent(s) to undertake any Work under this Order.

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"Day" shall mean a calendar day, unless otherwise specified.
“DEP” shall mean the Massachusetts Department of Environmental Protection.
"Order" shall mean this RCRA § 7003 Administrative Order, any attachments or
appendices to this Order, and all documents that are to be produced or submitted pursuant
to this Order. All attachments or appendices to this Order, and all documents that are to
be produced or submitted pursuant to this Order are incorporated into this Order, and
shall be enforceable hereunder.
"Work" shall mean all tasks and activities required by this Order or related to the
performance of tasks and activities required by this Order.
VI. FINDINGS OF FACT
7. Respondent National Guard Bureau (NGB) is an agency of the United States. The National
Guard Bureau oversees, provides funding for and sets requirements for training activities
conducted by the Massachusetts National Guard and other National Guard units at MMR.
8. Respondent Massachusetts National Guard, and its divisions, the Massachusetts Army
National Guard and the Massachusetts Air National Guards, are agencies of the Commonwealth
of Massachusetts.
9. The Massachusetts Military Reservation (MMR) is a 21,000-acre facility located on Cape
Cod, in the townships of Bourne, Falmouth, Mashpee and Sandwich in Barnstable County,
Massachusetts. The Massachusetts Army National Guard and Massachusetts Air National Guard
conduct operations at MMR, under the direction of the National Guard Bureau.
10. On July 13, 1982, EPA determined that the Cape Cod Aquifer is the sole or principal
source of drinking water for Cape Cod, Massachusetts, and that the Cape Cod Aquifer, if
contaminated, would create a significant hazard to public health. 47 Fed. Reg. 30282. Among
the findings on which EPA based this determination are the following:
a. The Cape Cod Aquifer is a single continuous aquifer, which then served as the "sole
source" of drinking water for the approximately 147,725 permanent residents and
424,445 peak seasonal residents of Cape Cod;
b. There is no existing alternative drinking water source, or combination of sources,
which provides fifty percent or more of the drinking water to the designated areas, nor is
there any reasonably available alternative future source capable of supplying Cape Cod's
drinking water demands; and
c. As a result of its highly permeable soil characteristics, the Cape Cod aquifer is
susceptible to contamination through its recharge zone from a number of sources. Since
groundwater contamination can be difficult or impossible to reverse, and since this

 MASSACHUSETTS MILITARY RESERVATION
Administrative Order
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aquifer is relied on for drinking water purposes by the general population, contamination
of the aquifer would pose a significant hazard to public health.
11. Currently, the Cape Cod Aquifer serves as the sole drinking water source for approximately
200,000 permanent and 520,000 seasonal residents of Cape Cod.
12. A study conducted by the Defense Department’s Joint Program Office at MMR in April of
1999 estimated that in the year 2020, there will be a water supply shortage of between 9.8 and 11
million gallons per day for the regional water supply, that is the combined supplies of Bourne,
Falmouth, Mashpee, Sandwich, South Sagamore and for Otis Air National Guard Station, which
serves all users on MMR.
13. Approximately 14,000 acres of MMR constitute the Training Range and Impact Area.
14. The Training Range and Impact Area lie directly over the Sagamore Lens, the most
productive part of the Cape Cod Aquifer. The Training Range and Impact Area is a major
groundwater recharge area, located near to the apex of the Sagamore Lens. Groundwater flows
radially in all directions from the Training Range and Impact Area.
15. The Sagamore Lens has been identified by the Cape Cod Commission as the portion of the
Cape Cod Aquifer most capable of supplying sufficient water to satisfy future demand for
drinking water on Cape Cod. If MMR is excluded from the list of potential future water supply
areas on Cape Cod, only approximately 5 percent of Cape Cod lies over groundwater which is
suitable as a future water supply. If MMR is included in the analysis, approximately 19 percent
of Cape Cod is suitable as a future water supply area.
16. The part of an aquifer that directly supplies a public water supply well is known as a
"wellhead protection area". The Training Range and Impact Area lie directly above segments of
several wellhead protection areas on Cape Cod.
17. For over fifty years, military and law enforcement training has been conducted in the
Training Range and Impact Area, including training conducted by and directed by Respondents.
This training and associated activities has included, but has not been limited to:
a. Small arms firing at several ranges in the Training Range and Impact Area involving
the use of small caliber munitions;
b. Artillery firing and mortar firing into the Impact Area from gun and mortar firing
points located within and/or near the Training Range;
c. Burning of excess propellant bags at firing ranges and gun and mortar locations;

 MASSACHUSETTS MILITARY RESERVATION
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d. Detonation practice for explosives at demolition ranges in or near the Training Range
and Impact Area;
e. Detonation of unexploded ordnance (UXO) found in and near the Impact Area,
including detonation of high explosive mortar and artillery rounds.
f. Training activities with various other munitions including pyrotechnic devices,
rockets, grenades, and mines;
g. Packing, testing and development of weapons by Department of Defense contractors
at ranges under lease from the United States Department of Army;
h. The disposal and abandonment of unexploded ordnance, partially exploded ordnance
and used ordnance at various locations in and around the Training Ranges and Impact
Area; and
i. The storage of munitions, including explosives, at Ammunition Supply Points.
18. On February 27, 1997, pursuant to Section 1431 of the Safe Drinking Water Act (SDWA),
42 U.S.C. 300i, EPA issued Administrative Order SDWA I-97-1019, which required the
National Guard Bureau to investigate contamination at and emanating from the Training Ranges
and Impact Area.
19. On April 10, 1997, EPA issued Administrative Order SDWA I-97-1030, which required the
National Guard Bureau and the Massachusetts National Guard to cease certain training activities
pending the completion of environmental investigations at the Training Ranges and Impact Area.
Administrative Order SDWA I-97-1030 was later modified on July 25, 1997.
20. On January 7, 2000, EPA issued Administrative Order SDWA I-2000-0014, which required
the National Guard Bureau and the Massachusetts National Guard to undertake rapid response
actions and remedial actions to address contamination in certain areas at the Training Ranges and
Impact Area. Administrative Order SDWA I-2000-0014 required the National Guard Bureau,
among other things, to undertake a feasibility study to address unexploded ordnance (UXO) and
munitions which have been disposed of at the Training Ranges and Impact Area, and upon
approval by EPA, to implement remedial measures relating to UXO and munitions.
21. Munitions and other materials used at the Training Ranges and Impact Area, both currently
and in the past, contain solid wastes, hazardous constituents and/or hazardous wastes, including
the compounds detected in groundwater and soil discussed in paragraph 28 below. A partial list
of the munitions used at MMR and their components is contained in the Ordnance and
Explosives Archive Search Report (Army Corps of Engineers, March, 1999), the Draft Range
Use History Report (Ogden Environmental, June, 1997) and Draft Chemical Composition of
Munitions Report (Ogden Environmental, June, 1997).

 MASSACHUSETTS MILITARY RESERVATION
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22. Munitions used by Respondents in artillery and mortar firing at MMR contained explosive
compounds. High explosives used at MMR in the past for mortar, rocket and artillery firing and
for grenades include trinitrotoluene (TNT) and Royal Demolition Explosive (RDX), hexahydro1,3,5-trinitro-1,3,5-triazine.
23. Propellants used in the past at MMR for artillery include single base propellants. The
constituents of single base propellants include, among other things, dinitrotoluene (DNT),
dibutylphthalate and diphenylamine. The isomers 2,4-DNT and 2,6-DNT are compounds that
compose technical grade DNT.
24. Propellants that were used at MMR for mortar and rocket firing included double-base
propellants, including M7, M8, and M9 propellants. Generally, double-base propellants include
nitroglycerin as one of the constituents. Nitroglycerin and diethylphthalate together account for
46% of the reported weight of M8 propellants. M9 propellants also contain diphenylamine.
25. Munitions used by Respondents at MMR contained metals that have been found in soil in the
Training Ranges and Impact Area, including lead, antimony, beryllium, molybdenum, copper,
barium, aluminum, magnesium, cadmium, and thallium.
26. Pyrotechnics were also used in training operations at MMR. Available information indicates
that many of the pyrotechnics have hazardous constituents, including but not limited to
contaminants detected in soil and groundwater in the Impact Area and Training Range. Many
pyrotechnics used at MMR contain hazardous constituents such as lead thiocyanate,
nitroglycerin, diethylphthalate, hexachlorobenzene, magnesium, aluminum, and acetone.
27. Portions of the Training Ranges and Impact Area have been investigated for groundwater,
soil and sediment contamination pursuant to EPA’s Administrative Order SDWA I-97-1019. To
date, this study has revealed that a number of areas in the Training Ranges and Impact Area have
been contaminated by Respondents’ disposal and training related activities. Contamination from
explosives, propellants, metals, herbicides, pesticides, volatile organic compounds, semivolatile
organic compounds and UXO have been discovered in soil and/or groundwater in numerous
areas. Investigations regarding the nature and extent of contamination at the Training Ranges
and Impact Area are ongoing.
28. Information gathered to date under this study indicates that specific areas at or near the
Training Ranges and Impact Area require response action, as described in Administrative Order
SDWA I-2000-0014. The specific areas, and some of the levels of contamination detected, are as
follows:
A. Demolition Area I: Demolition Area I, a training area used primarily for demolition,
is located south of the Impact Area and north of Pocasset-Forestdale Road. Types of
materials used for training purposes at this location included C4, TNT, dynamite, shape

 MASSACHUSETTS MILITARY RESERVATION
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charges, cratering charges, bangalore torpedoes, claymore mines and detonating cord. This
area was also used for open burn/open detonation disposal of munitions.
RDX has been detected in groundwater monitoring wells in the vicinity or downgradient of
Demolition Area 1 at concentrations in excess of EPA’s Health Advisory for RDX of 2
ppb, as follows:
MW 19
MW 34
MW 31
MW 73
MW-76
MW 77

260 ppb
6.2 ppb
370 ppb
63 ppb
37 ppb
150 ppb

MW34 is approximately one half mile west of Demolition Area 1.
2,4,6-TNT has been detected in groundwater in MW 19 at Demolition Area 1 at 16 ppb,
which is in excess of EPA’s Lifetime Health Advisory for TNT of 2 ppb.
The following is an incomplete list of contaminants which have also been detected in
surface and subsurface soils at Demolition Area 1:
Surface Soils:
RDX
HMX
2A-4,6-DNT
4A,2,6-DNT
2,4,-DNT
Hexachlorobenzene
dioxin (TEQ 2,3,7,8-TCDD)
2,6-DNT
Di-N-Butylphthalate
N-nitrosodiphenylamine

14,000,000 ppb
1,300,000 ppb
800 ppb
400 ppb
1,800 ppb
7,400 ppb
27.03 pg/g
40 ppb
290 ppb
930 ppb

Subsurface Soils:
RDX
HMX
2A-4,6-DNT
4A-2,6-DNT
2,4-DNT
Di-N-Butylpthalate
N-nitrosodiphenylamine

9,300 ppb
380 ppb
360 ppb
340 ppb
150 ppb
200 ppb
34 ppb

 MASSACHUSETTS MILITARY RESERVATION
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The contaminants found in soil and groundwater in and downgradient of Demolition Area
1 lie within the zone of contribution for active public water supply wells in Bourne,
Massachusetts. A zone of contribution defines the land area from which groundwater
flows into a drinking water well under pumping conditions. Contaminants in soil and
groundwater in a zone of contribution may be drawn into a drinking water well.
The contamination in soils at Demolition Area 1 has entered and is likely to continue to
enter the underlying groundwater.
B. Chemical Spill (CS)-19: The CS-19 site is a small area in the west-central region of
the Impact Area that was used for the disposal of munitions, among other things.
RDX has been detected in groundwater monitoring wells in the vicinity or downgradient of
CS-19, in excess of EPA’s Health Advisory of 2 ppb for RDX as follows:
MW 25
4.1 ppb
58 MW 0002 20 ppb
58MW0009E 17 ppb
Contaminants have also been detected in surface and subsurface soils at
at CS-19, including, but not limited to, the following:
Surface Soils:
RDX
HMX
diethylphthalate
Hexachlorobenzene
2,4-DNT
N-nitrosodiphenylamine
OCDD
dioxin (2,3,7,8-TCDD TEQ)
DCDF
Total HpCDD
MCPP
Aluminum
Lead
Magnesium

580 ppb
2,713 ppb
14,000 ppb
4,600 ppb
710 ppb
380 ppb
3.5 ppb
11.38 pg/g
2.9 ppb
.31 ppb
232,000 ppb
26,100 ppm
1,830 ppm
12,200 ppm

Subsurface Soils:
HMX
Hexachlorobenzene
OCDD

789 ppb
3,500 ppb
1.9 ppb

 MASSACHUSETTS MILITARY RESERVATION
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Total HxCDF
Total Hp CDF
DCDF
Aluminum
Lead
Magnesium

.68 ppb
.67 ppb
3.9 ppb
9,050 ppm
1,500 ppm
2,100 ppm

Contamination in soils at CS-19 has entered and is likely to continue to enter the
underlying groundwater.
The soil and groundwater contamination related to CS-19 lie within the zone of
contribution for Long Range Water Supply 8, a potential water supply well site being
investigated as a future public drinking water well.
C. Southeast Corner of the Ranges: This area is close to the top of the groundwater
mound of the Sagamore Lens. Explosives have been detected in wells outside of the
Impact Area north of Snake Pond close to the J Ranges. Explosives were disposed on the
ground surface and into underground holding tanks.
RDX has been detected in groundwater monitoring wells in the vicinity or downgradient of
the J Ranges in excess of EPA’s Health Advisory of 2 ppb for RDX as follows:
90WT 013
90MW 0022
MW-58

5.2 ppb
5.4 ppb
7.4 ppb

HMX has been detected in a well installed near the melt-pour facility on the J-3 Range at
concentrations ranging to 12 ppb.
Contaminants have also been detected in surface soils at the steel lined pit at the J Ranges
including the following:
RDX
HMX
2,4-DNT
di-n-butylphthalate
pentachlorophenol
aluminum
lead
magnesium
barium
copper
cadmium

24,000 ppb
9,300 ppb
200 ppb
80 ppb
70 ppb
24,600 ppm
616 ppm
2,720 ppm
1,140 ppm
2,350 ppm
33.3 ppm

 MASSACHUSETTS MILITARY RESERVATION
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Contamination in soils at the steel lined pit is likely to enter the underlying groundwater.
The soil and groundwater contamination related to the J Ranges lie within the zone of
contribution for Long Range Water Supply Wells 95-6 and 95-15, potential water supply
well sites which are being investigated for future public drinking water wells. This
contamination may also lie within the zone of contribution for the J Well, a current water
supply well for MMR.
D. Groundwater under and emanating from the Central Impact Area: Numerous
detections of explosives in groundwater at various depths in the aquifer track back to, or
originate from, the center of the Impact Area. The Impact Area contains numerous target
areas where mortar and artillery, including high explosive and white phosphorous
warheads, were fired over time.
RDX has been detected in groundwater monitoring wells in the vicinity or downgradient
of the targets in the Central Impact Area at levels in excess of EPA’s Health Advisory of 2
ppb for RDX, as follows:
MW-107
MW-23
MW-38
MW-1M2
MW-90
MW-25
MW-91M1
MW-37
MW-100
MW-87
MW-93M1
MW-93M2
MW-88

4.0 ppb
6.6 ppb
3.0 ppb
4.6 ppb
3.4 ppb
4.1 ppb
18.0 ppb
3.6 ppb
4.3 ppb
6.5 ppb
2.2 ppb
5.2 ppb
7.0 ppb

MW-2
MW-85
MW-86
MW-1S
MW-105
MW-91S
MW-40
MW-101
MW-99
MW-89
MW-98
MW-107
MW-95

13 ppb
29.0 ppb
2.5 ppb
3.1 ppb
5.9 ppb
12.0 ppb
3.0 ppb
2.5 ppb
6.9 ppb
8.3 ppb
2.1 ppb
4.0 ppb
2.2 ppb

MW-2 and MW-23 are located within the zone of contribution for Long Range Water
Supply Well 95-6, a potential water supply well site being investigated for a future public
drinking water well.
RDX at levels below the Health Advisory of 2 ppb has also been detected at numerous
wells within and downgradient of the Impact Area.
The detection of RDX emanating from the Impact Area at levels below and above the
Health Advisory indicates that RDX has been introduced into the aquifer in the Impact
Area, that it is migrating in groundwater at concentrations above the Health Advisory level

 MASSACHUSETTS MILITARY RESERVATION
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from source areas toward potential drinking water supplies, and that it has migrated as far
as 9,000 feet from its probable source.
In addition, the following contaminant has been found in surface soils in Study Area 2
within the Impact Area, which lies within the zone of contribution for Long Range Water
Supply Well 95-6, a water supply well site which is being investigated for a potential
drinking water supply well:
1,2-dibromoethane

190 ppb

The contamination in soils in Study Area 2 is likely to enter the underlying groundwater.
E. The KD Range: The KD Range is located southeast of the Impact Area, on
Pocasset-Forestdale Road. Ordnance known to have been used at KD Range has
included: all pistol calibers; 5.56 mm and 7.62 mm ball and tracer rounds; 14.5 mm
subcaliber training devices; 40 mm High Explosive (HE) and practice grenades; Dragon
High Explosive Anti-tank (HEAT) and practice artillery rockets, 90 mm recoilless rifle
HEAT and practice rounds, and TOW practice rounds. The area was primarily used for
rocket training.
The following contaminants, including but not limited to explosives and propellants, have
been found in surface soil near targets used in the KD Range:
RDX
HMX
TNT
2A-4,6-DNT
4A-2,6-DNT
copper
lead
dieldrin
nitroglycerin

43,000 ppb
10,100 ppb
2,100 ppb
220 ppb
140 ppb
1,820 ppm
816 ppm
1,800 ppb
6,400 ppb

In profile samples collected during drilling, 2,6-DNT and HMX were detected in MW 61M
at 10.2 feet below the water table and 20.2 feet below the water table, respectively.
Consultants for NGB have concluded that shallow detections of 2,6-DNT and HMX in
MW-61 are likely to have originated from the KD Range target area.
In addition, the following contaminant (a constituent of propellants) was found in surface
soil near the firing position for the KD Range:
Nitroglycerin

130,000 ppb

 MASSACHUSETTS MILITARY RESERVATION
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Contamination in soils at the KD Range is likely to enter the underlying groundwater. The
contaminants in soil at the KD Range are within the zone of contribution of current public
drinking water wells of Bourne, Massachusetts.
F. J-3 Wetland: The J-3 Wetland is located south of the J-3 Range and north of Snake
Pond. The property on which the J-3 Wetland is located was formerly part of the MMR.
The following contaminants, which include propellants and their byproducts, as well as the
pesticide dieldrin, have been detected in sediment samples at the following levels at the J-3
Wetland:
Nitroglycerin
Di-n-butyl phthalate
N-nitrosodiphenylamine
Dieldrin

5,200 ppb
37 ppb
240 ppb
200 ppb

The NGB has conducted a rapid response action to address contamination in soils and
sediments at the J-3 Wetland pursuant to EPA Administrative Order No. SDWA I-20000014.
G. Gun Positions: The following contaminants, which include propellants, propellant
breakdown products, pesticides and metals, have been found in soils at the following gun
positions:
i. Gun Position 7
2,4-DNT
2,6-DNT

1,300 ppb
26 ppb

ii. Gun Position 16
2,4-DNT

600 ppb

iii. Gun Position 9
2,4-DNT
2,6-DNT
N-nitrosodiphenylamine
Pentachlorphenol
Arsenic
Di-N-butylthalate

17,000 ppb
960 ppb
930 ppb
180 ppb
17 ppb
16,000 ppb

 MASSACHUSETTS MILITARY RESERVATION
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In addition, contamination, most notably the explosive and propellant component
2,4-dinitrotoluene, has been found at numerous other gun and mortar firing positions.
Contamination in soils at these gun positions is likely to enter the underlying groundwater.

H. Armored Personnel Carrier: The following explosives and explosives breakdown products
have been found in soil beneath a pile of UXO and debris near the Armored Personnel Carrier to
the east of Turpentine Road in the Impact Area:
Surface Soils
2A46 DNT
RDX
HMX

230 ppb
1,150 ppb
150 ppb

Soils 6-12" below Surface
2A46 DNT
RDX
HMX

155 ppb
565 ppb
150 ppb

The NGB has conducted a rapid response action to address contaminants in soil at the Armored
Personnel Carrier pursuant to EPA Administrative Order No. SDWA 1-2000-0014.
29. During environmental studies at the Training Ranges and Impact Area, numerous items of
unexploded ordnance and other munitions have been found. Military munitions have likely come
to be located on the ranges in one of two ways. First, military munitions employed on military
ranges fail to function as intended, which can result in Unexploded Ordnance (UXO) remaining
on the range. Historically, the generally accepted percentage of munitions that fail to function as
designed was between 10 and 20%. More recently, a July 2000 study by the Army
Environmental Center of Ammunition Dud and Low Order Detonation Rates showed average dud
and low order detonation rates of 3.45% and .28%, respectively. Second, military munitions, or
components thereof, may have been disposed of or buried on the ranges. UXO and other
munitions are located either on the surface, or if they were buried or fired, below the surface.
30. In December, 1997, contractors working on behalf of the National Guard Bureau discovered
a burial cache of approximately 1112 projectiles (60mm and 81mm mortar rounds), 26 scrap
pieces of ordnance and 125 pieces of fuzes for munitions at the J-1 range at MMR. Most of the
buried projectiles were determined to be inert (not filled with explosives), except for one 105 mm
low order projectile fragment. In addition, two fuzed 105mm projectiles were found in close
proximity to the burial cache.
31. The National Guard Bureau has conducted surveys to locate UXO and buried munitions at
several locations in the Training Ranges and Impact Area, as required by Administrative Orders

 MASSACHUSETTS MILITARY RESERVATION
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SDWA I-97-1019 and SDWA-I-2000-0014. To date, surveys for UXO and buried munitions
have resulted in the discovery of UXO and/or buried munitions at the following areas:

i. J-1, J-2 and J-3 ranges
ii. High-use target areas in the Central Impact Area
iii. Demolition Area 1; and
iv. Other areas throughout the Training Ranges and Impact area where surveys
were necessary to conduct environmental investigations and ensure the safety of
site workers.
32. In July, 2000, contractors working on behalf of the National Guard Bureau found a burial
pit at the J-2 Range which contained 92 inert (wax-filled) 81-mm mortar rounds. Contractors for
the National Guard Bureau believed that these rounds had live high-explosive fuzes. These
rounds were remotely moved from the excavation to an area adjacent to the disposal pit and open
detonated. It was later determined, after open detonation, that the rounds had inert fuzes. Postdetonation soil sampling indicated explosive (RDX) residues in excess of 103,000 ppb.
33. i. Between September 20 and September 25, 2000, contractors working on behalf of the
National Guard Bureau found three burial pits on the J-1 range which contained a total of 1,263
unfuzed 60 mm and 81 mm mortars (312 practice, 917 potentially containing high explosives, 34
potentially containing white phosphorous); numerous items of 105 mm debris; and approximately
810 fuzes (both inert and/or functioned). The majority of these 1,263 items have been set aside
for disposal in a controlled detonation chamber.
ii. Between November 30 and December 4, 2000, contractors working on behalf of the
National Guard Bureau found a burial pit on the J-1 range, which contained 360 60mm and 81mm
mortars, three of which had deteriorated fuzes. The majority of these 360 items have been set
aside for disposal in a controlled detonation chamber.
34. Between September 2000 and approximately March 9, 2001, most of the exhumed
munitions referred to in paragraph 34 were stored in open air piles on bare ground on the J-2
Range at MMR. The suspected white phosphorous rounds were stored in open buckets of wet
sand in close proximity to other suspected high explosive rounds, in violation of distance and
compatibility standards established by Department of Defense Explosives Safety Board. No
barrier underlay the corroding shells to prevent RDX and other contaminants from leaching into
the ground and the aquifer below. The munitions piles were located approximately 1800 feet
from Greenway Road, which is used by the public, and there was no effective bar to trespassers
who could access to the munitions from Greenway Road.
35. As well as presenting a safety hazard, UXO and buried munitions may leak propellant,
explosive and pyrotechnic components to the environment, causing a threat to human health
and/or the environment.

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i. According to the Draft Fate and Transport of Munitions Report prepared by the NGB
for MMR, “ undetonated explosive compounds contained in UXO have the potential to leach into
the environment.” (Ogden, June 1977). Metals from UXO can also build up over time in the
environment.

ii. According to a military technical manual, shells containing TNT and Amatol can
exude TNT even under the controlled conditions of above ground storage in an ammunition
supply point. (War Department Technical Manual TM 9-1900, Ammunition-General)
iii. A DOD Pamphlet entitled Unexploded Ordnance (UXO): An Overview states that
“UXO may also be found in parts or fragments. All UXO, whether intact or in parts, presents a
potential hazard because it may contain chemical agents that could become exposed.”
iv. A Sandia National Laboratory fact sheet on UXO states that at number of its
environmental restoration sites unexploded ordnance/high explosives may be present. “ The
UXO/HE found include high explosive chunks....[and] five-inch shells with recrystallized TNT
seeping from threads....”
v. A June 1998 report prepared by the Department of Army Defense Ammunition
Center on UXO exhumed from the J Range at MMR in December 1997 found the vast bulk of the
exhumed ordnance to be “corroded” or “extremely corroded;” that much of the ordnance found
presented “exposed filler”; and that one 155mm round presented exposed RDX to the
environment. This was a low order detonation which, in the report’s words, resulted in “open
projectile. Dirt in Body.”
vi. A March 1999 report prepared by the Army Corps of Engineers states that
“virtually every type of OE has been discovered in various areas of MMR, including HE, smoke
and artillery and mortar rounds; HE and practice rockets and rifle grenades; HE, smoke and
practice 40mm grenades; pyrotechnics; and other OE items.” OE is defined as live ammunition
or components, debris derived from live ammunition, CWM or explosives that have been lost,
abandoned, discarded, buried, fired or thrown from demolition pits or burning pads.
vii. Until the mid-1970s, land burial of unexploded ordnance was an authorized method
of disposal. According to an Army Corps of Engineers guidance document: “It was much cheaper
to dig a trench and bury ammunition than it was to destroy it by burning or detonation.... It was
much easier to discard unneeded ammunition into a pond or lake than fill out the required
paperwork and return it to the ammunition supply point.”
viii. According to a February 1999 U.S. Army Corps of Engineers Report,
“Conceptual Model and Process Descriptor Formulations for Fate and Transport of UXO,” UXO
can exist on firing ranges in a number of physical states that greatly affect the fate and transport
of explosives contained in the UXO. Intact delivery systems may occur at the firing range from
either deliberate burial or fired munitions that failed to detonate. Explosives contamination from
intact delivery systems results from corrosion and development of pinhole cracks that may occur

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over time or leaking through screw threads linking the fuse assembly to the main charge.
Incomplete detonation or breakup of the delivery system without detonation may also occur,
leading to the survival of part or all of the explosive. These explosives may be scattered over the
firing range as free product or partially encased in the remains of the delivery system.

ix. According to a September 1997 U.S. Army Corps of Engineers Report, “Assessment
of Sampling Error Associated with Collection and analysis of Soil Samples at a Firing Range
Contaminated with HMX,” a 7 gram sample of metallic rocket debris collected at a firing range
was contaminated with residues of HMX and TNT at concentrations of 50 mg/kg and 0.1 mg/.kg,
respectively.
36. Proper disposal of UXO and/or buried munitions depends on the type of munition, its
condition, and whether the munition is unstable and must be detonated in place, or whether the
munition is safe enough to be moved and disposed of in a controlled environment. To avoid
continued contamination of groundwater through open burning/open detonation, as has
historically occurred at Demolition Area 1, EPA and the Respondent NGB have agreed upon the
following process for disposal of UXO at MMR. When a UXO is determined to be unsafe to
move by Explosive Ordnance Disposal (“EOD”) technician, it is exploded in place through open
detonation, and all contaminants found in soil following the detonation will be remediated by
Respondent National Guard Bureau. If a UXO is determined to be safe to move, it is set aside
for disposal in a controlled detonation chamber.
37. In response to EPA’s request to implement an alternative to in-place explosion as a method
for disposal of UXO and other munitions, the National Guard Bureau in June 2000 obtained a
Donovan T-10 controlled detonation chamber which is to be used to dispose of UXO and other
munitions which are of appropriate size and are deemed safe to move. As of mid-October 2000,
over 1,235 UXO items not subject to regulation as solid waste under RCRA have been disposed in
this chamber.
38. Detonating UXO and buried munitions in place (i.e., in the locations where they have been
found) causes or may cause further releases of solid wastes and/or hazardous constituents into the
environment. Since July 1997, the National Guard Bureau’s EOD contractors and Massachusetts
National Guard EOD personnel have exploded numerous items of UXO in place. UXO
considered unsafe to move are exploded in place by attaching a small booster charge of explosive
to the item, and then detonating the item where it was found. Sampling conducted by the
National Guard Bureau’s contractors following “blow-in-place” events since 1999 have shown
that explosive compounds or other solid wastes and/or hazardous constituents are detected in soil
after UXO has been blown in place in approximately half of all cases. Some of the results of the
sampling efforts are summarized below.
i. Following an emergency open detonation on October 2, 1999 of two crates of artillery
simulators at Demolition Area 2, the explosives RDX and HMX were detected in the
detonation crater at concentrations ranging to 42,000 ppb and 3,300 ppb, respectively.
Artillery simulators do not contain RDX or HMX; however, the supplemental charge of

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C-4 explosive used to detonate the items is composed of 91% RDX. HMX is an impurity
which is typically not removed during the manufacture of RDX.

ii. Following the detonation in place on December 28, 1999 of a 105 mm high explosive
fuzed projectile found at CS-19, the explosive 2,4,6-trinitrotoluene (TNT) was detected at
330 and 840 ppb in composite and discrete soil samples, respectively.
iii. Following the detonations in place on January 18, 2000, explosives were detected in
soil samples at the following locations where UXO were blown in place:
- at the location of 3.5 inch rocket round (fired US rockets M28 with base
detonating fuzes) found at Demolition Area 1, 2-nitrotoluene was detected at 160
ppb;
-at the location of an 81mm mortar round east of Turpentine Road in the central
Impact Area, RDX was detected at 18,000 and 23,000 ppb in composite and
discrete soil samples, respectively;
-at the location of an 81mm mortar found west of Turpentine Road, RDX and
HMX were detected in a composite sample at 32,000 and 170 ppb, respectively,
and RDX was detected at 8,400 ppb in a discrete soil sample.
iv. Following detonations in place on March 3, 2000, explosives were detected in soil
samples at the following locations where UXO were blown in place:
- at the location of a 37mm fuzed high explosive projectile at Demolition Area 1,
the explosive compounds TNT, 4A-2,6-DNT, and RDX were detected at
estimated concentrations of 2,000 ppb, 130 ppb, and 120 ppb, respectively, in a
discrete soil sample. In addition, TNT, 2A-4,6-DNT and 4A-2,6-DNT were
detected at estimated concentrations of 1,500 ppb, 140 ppb, and 150 ppb,
respectively, in a composited soil sample.
- at the location of a 60mm LAW rocket found at the J-2 range, the explosive
compound HMX was detected in soils at an estimated 920 ppb.
v. Following detonations in place in April, 2000, explosives were detected in soil
samples at the following locations where UXO were blown in place:
- at the location of two 81 mm high explosive mortars found at Target 9 in the
Central Impact Area, RDX and pentaerythritol tetranitrate (PETN) were detected
in a composite soil sample at concentrations of 8,900 ppb and 200,000 ppb,
respectively. RDX was also detected in a discrete soil sample at 14,000 ppb.

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- at the location of a 105 mm high explosive anti-tank projectile found in the
Central Impact Area, RDX and HMX were detected in a composite soil sample at
concentrations of 1,700,000 ppb and an estimated 510 ppb, respectively. RDX and
HMX were also detected in a discrete soil sample at concentrations of 1,200,000
ppb and an estimated 380 ppb, respectively.

- at the location of a 66 mm light anti-tank weapon (LAW) rocket found at the J-2
Range, RDX and HMX were detected in soils at a concentration of 200,000 ppb
and an 250 ppb, respectively.
- at the location of a second 66 mm LAW rocket at the J-2 Range, RDX and HMX
were detected in soils at a concentration of 2,000,000 ppb and an estimated 760
ppb, respectively.
- at the location of a 60 mm high explosive fuzed mortar, RDX was detected in soil
at an estimated 480 ppb.
vi. Following detonations in place in May 2, 2000, explosives were detected in soil
samples at the following locations where UXO were blown in place:
- at the location of an 81 mm mortar at the J-2 Range, RDX was detected at a
concentration of 346 ppb. Post-detonation, it was determined the round was inert;
however, the shaped-charge explosive used to supplement the detonation contained
mainly RDX.
- at the location of a 66 mm LAW rocket found at the J-2 Range, RDX and HMX
were detected in soils at a concentration of 613,000 ppb and an 7,613 ppb,
respectively. Post-detonation, it was determined the round was inert; however, the
shaped-charge explosive used to supplement the detonation contained mainly
RDX.
- at the location of a 105 mm high explosive anti-tank projectile found in the
Central Impact Area, the explosives TNT, PETN, and Picric Acid were detected in
soils at a concentration of 2,250 ppb, 7,165 ppb, and 589 ppb, respectively.
vii. Following the detonation in place on May 19, 2000 of an 81 mm mortar at the J-2
Range, RDX was detected at in soil samples at 19,000 ppb. Post-detonation, it was
determined the round was inert; however, the shaped-charge explosive used to supplement
the detonation contained mainly RDX.
viii. Following detonations in place in June 8, 2000, explosives were detected in soil
samples at the following locations where UXO were blown in place:

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- at the location of a 37 mm round at the Former Gravity Anti-Tank Range, RDX
and HMX were detected at concentrations of 349 ppb and 288 ppb, respectively.

- at the location of a second 37 mm round at the Former Gravity Anti-Tank Range,
RDX was detected in soils at 61,127 ppb. Post-detonation, it was determined the
round was inert; however, the shaped-charge explosive used to supplement the
detonation contained mainly RDX.
ix. Following detonations in place in July 18, 2000, explosives were detected in soil
samples at the following locations where UXO were blown in place:
- at the location of a 155 mm artillery round at the J-2 Range, RDX was detected at
in soil samples at concentrations ranging to 57,000 ppb. Post-detonation, it was
determined the round was inert; however, the shaped-charge explosive used to
supplement the detonation contained mainly RDX.
- at the location of a second 155 mm artillery round at the J-2 Range, RDX was
detected at in soil samples at concentrations ranging to 1,220 ppb. Postdetonation, it was determined the round was inert; however, the shaped-charge
explosive used to supplement the detonation contained mainly RDX.
39. In addition to the data indicating the presence of munitions-related contaminants following
blow-in-place events at MMR, numerous studies show that open detonation of munitions and/or
UXO causes or may cause releases of solid wastes and/or hazardous constituents into the
environment.
i. Demolition Area 1 at MMR was used for demolition training and disposal of
munitions and UXO. As stated above, at Demolition Area 1 contaminants including RDX and
2,4,6-TNT were detected were detected in groundwater at levels greater than health advisories.
Contaminants including RDX, HMX, 2A-4,6-DNT, 4A-2,6-DNT, 2,4-DNT were detected in
surface soils and subsurface soils.
ii. AEHA 1983, Hazardous Waste Management Study No. 37-26-0442-84, Phase
2 of AMC Open-Burning/Open-Detonation Grounds Evaluation, Ravenna Army Ammunition
Plant, Ravenna, Ohio, 31 October - 3 November 1983, U.S. Army Environmental Hygiene Agency
(AEHA), Aberdeen Proving Ground, MD.
iii. AEHA 1985, Ground-Water Monitoring Study No. 38-26-0457-86, AMC Open
Burning/Open Detonation Facilities, February 1984 - March 1985, U.S. Army Environmental
Hygiene Agency (AEHA), Aberdeen Proving Ground, MD.
iv. AMCCOM 1992, Development of Methodology and Technology for Identifying
and Quantifying Emission Products for Open Burning and Open Detonation Thermal Treatment

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Methods, Field Test Series A, B, and C, Volume 1, Test Summary, Headquarters U.S. Army
Armament, Munitions and Chemical Command (AMCCOM), Rock Island, IL.

v. Craig, H.D., A. Markos, H. Lewis, and C. Thompson 1993, Remedial
Investigation of Site D at Naval Submarine Base Bangor, Washington, In: Proceedings of the 1993
Federal Environmental Restoration Conference, Washington, D.C., Hazardous Materials Control
Resources Institute, May 25-27, 1993.
vi. Racine, C.H., M.W. Walsh, C.M. Collins, D.J. Calkins, B.D. Roebuck, and L.
Reitsma 1992, Waterfowl Mortality in Eagle River Flats, Alaska, The Role of Munitions Residues,
U.S. Army Corps of Engineers, Cold Regions Research and Engineering Laboratory (CRREL),
Special Report 92-5, Hanover, NH.
\
vii. Racine, C.H., M.W. Walsh, C.M. Collins, S. Taylor, B.D. Roebuck, L.
Reitsma, and B. Steele 1993, White Phosphorus Contamination of a Salt Marsh Pond Sediments at
Eagle River Flats, Alaska, U.S. Army Corps of Engineers, Cold Regions Research and Engineering
Laboratory (CRREL), Special Report 93-17, Hanover, NH.
viii. Walsh, M.E., and C.M. Collins 1993, Distribution of White Phosphorus
Residues From the Detonation of 81-mm Mortar WP Smoke Rounds at an Upland Site, U.S. Army
Corps of Engineers, Cold Regions Research and Engineering Laboratory (CRREL), Special Report
93-18, Hanover, NH.
ix. Walsh, M.E., C.M. Collins, and C.H. Racine 1995, Persistence of White
Phosphorus Particles in Sediment, U.S. Army Corps of Engineers, Cold Regions Research and
Engineering Laboratory (CRREL), Special Report 95-23, Hanover, NH.
x. NRC 1996, Open Burning/Open Detonation, UXO Baseline Volume 1 - Final
Report, prepared by Nichols Research Corporation (NRC) for U.S. Army Engineer Division,
Huntsville, AL, January 31, 1996.
xi. Murphy, W.L., and R. Wade 1998, Final Report: RCRA Facility Investigation,
Phase II Release Assessment for Surface Water SWMU 03/10 Ammunition Burning Ground,
Technical Report GL-98-2, U.S. Army Corps of Engineers, Waterways Experiment Station,
Vicksburg, MS.
xii. COE 1999, Draft Operable Unit C OB/OD Pad, Ft. Richardson, Alaska Interim
Closure Plan, prepared by CH2M Hill for U.S. Army Corps of Engineers (COE), Alaska District,
Contract No. DACA85-95-D-0015.
xiii. Jenkins. T.F., T.A. Ranney, P.H. Miyares, N.H. Collins, and A.D. Hewitt 2000,
Use of Surface Snow Sampling to Estimate the Quantity of Explosives Residues Resulting from

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Land Mine Detonations, U.S. Army Corps of Engineers, Cold Regions Research and Engineering
Laboratory (CRREL), ERDC/CRREL TR-00-12, Hanover, NH.
xiv. Jenkins, T.F., T.A. Ranney, M.E. Walsh, P.H. Miyares, A.D. Hewitt, and N.H.
Collins 2000, Evaluating the Use of Snow-Covered Ranges to Estimate the Explosives Residues
that Result from Detonation of Army Munitions, U.S. Army Corps of Engineers, Cold Regions
Research and Engineering Laboratory (CRREL), ERDC/CRREL TR-00-15, Hanover, NH.
VII. ENDANGERMENT AND RESPONSE
40. The detection of contaminants in soils discussed above demonstrates the release or threat of
release of solid wastes and other contaminants from in-place explosions of UXO and other
munitions at the Training Ranges and Impact Area.
41. Contaminants found in soil at the Training Range and Impact Area have leached to
groundwater, as discussed in paragraph 28 above.
42. EPA has established Lifetime Health Advisories for certain contaminants. Lifetime Health
Advisories establish the concentration of a chemical in drinking water that is not expected to
cause any adverse non-carcinogenic effect over a lifetime of exposure with a margin of safety.
43. Consumption of large amounts of RDX by humans has caused seizures, indicating that the
nervous system is a primary target organ. A 1984 Department of Defense study of female mice
showed an increased incidence of liver tumors following chronic oral exposure to RDX. In its
cancer classification system, EPA has classified RDX as a possible human carcinogen (Group C
carcinogen). The Lifetime Health Advisory for RDX is 2 ppb.
44. Chronic exposure to TNT by humans has been associated with skin irritation and cataracts.
Exposure to very high levels of TNT in the workplace has been associated with disorders of the
blood and abnormal liver functions. Oral and inhalation exposures to TNT in animals have
resulted in adverse effects on the blood and liver as well as the spleen and immune system. TNT
has been found to cause serious effects on the male reproductive system in rats following high
exposures to TNT. In a 1984 U.S. Army study, TNT was found to cause urinary bladder tumors
in female Fisher rats. In its cancer classification system, EPA has classified TNT as a possible
human carcinogen (Group C carcinogen). The Lifetime Health Advisory for TNT is 2 ppb.
45. Animal studies indicate that HMX may be harmful to humans and may cause liver damage
and central nervous system damage if ingested or absorbed through the skin. EPA has established
a Lifetime Health Advisory for HMX in drinking water of 400 ppb.
46. Pentaerythritol tetranitrate (PETN) can cause illness in humans if ingested or inhaled.
Dermatitis, irritability, sleep disturbance, digestive trouble, intolerance to alcohol and altered
EEG readings have been observed in workers exposed to industrial PETN. Long term exposure

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to industrial PETN has resulted in withdrawal complications consisting of transient angina
conditions. PETN is also used as a vasodilator in angina patients.
47. The presence of RDX, TNT, HMX, PETN, 2A-4,6-DNT, 4A-2,6-DNT and other
contaminants in soils following explosions in place of UXO and other munitions, and the likely
release of these contaminants to groundwater through a natural leaching process, may present an
imminent and substantial endangerment to the health or the environment.
48. The Work required under this Order is necessary to prevent, minimize, and/or mitigate the
threat of an imminent and substantial endangerment to health and the environment posed by the
actual or potential releases of solid wastes and hazardous constituents into the soils and/or
groundwater at and emanating from the Training Ranges and Impact Area.
VIII. CONCLUSIONS OF LAW
Based on the foregoing, EPA makes the following conclusions of law:
49. Respondent National Guard Bureau is a "person" as that term is defined in Section 1004(15)
of RCRA, 42 U.S.C. § 6903(15).
50. Respondent Massachusetts National Guard is a “person” as that term is defined in Section
1004(15) of RCRA, 42 U.S.C. § 6903(15).
51. UXO and munitions which have been disposed of or buried on the Training Ranges and
Impact Area, where such burial is not a result of product use, are “solid wastes,” as that term is
defined in Section 1004(27) of RCRA, 42 U.S.C. § 6903(27).
52. The lead, RDX, TNT, DNT, 2,4,6 TNT, HMX, 2A-4,6-DNT, 4A-2,6-DNT, 2,4-DNT, 2,6DNT, N-nitrosodiphenylamine, picric acid, furans, dioxins, aluminum, magnesium,
hexachlorobenzene, di-n-butylphthalate, pentachlorophenol, antimony, molybdenum, thallium,
barium, copper, cadmium, 1,2-dibromoethane, nitroglycerin, dieldrin, arsenic contained in UXO,
found in soil and/or found in groundwater beneath or near the Training Ranges and Impact Area
are "solid wastes," as that term is defined in Section 1004(27) of RCRA, 42 U.S.C. § 6903(27),
and/or “hazardous constituents,” as defined in 40 C.F.R. Part 261 App. VII and 40 C.F.R. Part
264 App. IX.
53. The lead, RDX, TNT, DNT, 2,4,6 TNT, HMX, 2A-4,6-DNT, 4A-2,6-DNT, 2,4-DNT, 2,6DNT, N-nitrosodiphenylamine, picric acid, furans, dioxins, aluminum, magnesium,
hexachlorobenzene, di-n-butylphthalate, pentachlorophenol, antimony, molybdenum, thallium,
barium, copper, cadmium, 1,2-dibromoethane, nitroglycerin, dieldrin, and/or arsenic contained in
UXO, found in soil and/or found in groundwater beneath or near the Training Ranges and Impact
Area are present in or likely to enter the Sagamore Lens of the Cape Cod Aquifer.

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54. i. The solid wastes which are present in the soil, and which are present in or likely to enter the
underground source of drinking water, may present an imminent and substantial endangerment to
human health or the environment, within the meaning of Section 7003(a) of RCRA, 42 U.S.C. §
6973(a).
ii. Improper storage of waste munitions, including potentially high explosives munitions
and suspected white phosphorous rounds in close proximity, may present a safety hazard and an
imminent and substantial endangerment to human health or the environment, within the meaning
of Section 7003(a) of RCRA, 42 U.S.C. § 6973(a).

IX. DETERMINATIONS
Based on the foregoing and the Administrative Record for this Site, EPA has determined that:
55. The past or present handling, storage, treatment and/or disposal of solid wastes including
buried and disposed-of munitions, UXO and the RDX, TNT, HMX, 2A-4,6-DNT, 4A-2,6-DNT,
PETN and 2-nitrotoluene found in soil and/or groundwater at, beneath or near the Training
Ranges and Impact Area, may present an imminent and substantial endangerment to health or the
environment.
56. Respondents have contributed or are contributing to the handling, storage, treatment, or
disposal of solid wastes at the Training Range and Impact Area.
57. In accordance with the requirements of Section 7003 of RCRA, EPA has provided notice to
the Commonwealth of Massachusetts of this Order.
58. The actions required by this Order and as described in the Statement of Work appended
hereto are necessary to prevent further release or threat of release of solid wastes and/or hazardous
constituents to the environment and to protect the health of persons. Use of a controlled
detonation chamber for the disposal of munitions and UXO will prevent, minimize, and/or
mitigate damage caused by the discharge of solid wastes and/or hazardous constituents to the
environment which are associated with in-place detonations of munitions and UXO. Based on
the endangerment described above, the actions in this Order and are necessary.
X. ORDER
Based on EPA's jurisdiction, Findings of Fact, Conclusions of Law set forth above, the
Administrative Record supporting issuance of this Order, and in order to abate or prevent any
imminent and substantial endangerment to health, the Respondents are ORDERED to perform all
Work required under this Order. The Respondents shall comply with the following provisions
and perform all actions required by the terms and conditions of this Order.

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59. This Order is intended to apply to disposal of military munitions, including UXO, which
have been disposed of or buried on the Training Ranges and Impact Area, where such disposal or
burial is not a result of product use (hereinafter jointly referred to as “solid waste military
munitions”). This order does not apply to military munitions (including UXO) which have been
used for their intended purpose and have not been subsequently disposed of or buried on the
Training Ranges and Impact Area. In addition, this order does not apply to the storage and
disposal of wholly inert munitions items, except to prohibit open detonation of such wholly inert
munitions items at MMR.
60. When a decision is made to dispose of a solid waste military munition, as defined above, and
the appropriate EOD officer has determined that the solid waste military munition is safe to move,
such solid waste military munition shall be: (i) stored in a manner which meets the requirements
of RCRA; and (ii) disposed of in a controlled detonation chamber with air pollution control
equipment, or other disposal method approved by EPA, which meets the requirements of RCRA,
this Order and the SOW attached hereto.
61. Respondents shall conduct such storage and disposal of solid waste military munitions as
required by the Statements of Work attached to this Order, and any modifications thereto made in
accordance with this Order.
62. All response actions proposed by Respondents under this Order shall meet or exceed the
substantive cleanup standards of M.G.L. c. 21 E and the Massachusetts Contingency Plan, 310
CMR 40.000 et seq. Nothing herein shall limit the Respondents’ obligations to provide any
notifications to DEP as required by M.G.L. c. 21E and the Massachusetts Contingency Plan.
XI. DESIGNATION OF SUPERVISING CONTRACTOR AND
PROJECT COORDINATOR
63. Within seven (7) days after the effective date of this Order, Respondent National Guard
Bureau shall retain the services of a qualified and experienced Supervising Contractor for the
purpose of performing the work required by this Order in accordance with the terms and
conditions of the Scope of Work. Within the same seven (7) day period, Respondent National
Guard Bureau shall notify EPA in writing of the name, address, and qualifications of the proposed
supervising contractor and the name and telephone number of the supervising contractor's primary
contact person. The Respondent(s) shall also notify EPA of the identity and qualifications of any
other contractor(s) or subcontractor(s) to be used at the Site at least seven (7) days in advance of
their performing any work under this Order.
64. The supervising contractor shall be a qualified professional with substantial expertise and
experience in the investigation and cleanup of hazardous waste sites, munitions and contaminated
groundwater, as well as clearance and remediation of UXO. EPA reserves the right to
disapprove, based on professional qualifications, conflicts of interest, and/or deficiencies in
previous similar work, any contractor or subcontractor or other person engaged directly or

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indirectly by the Respondent(s)s to conduct work activities under this Order. If EPA disapproves
the selection of any proposed contractor, the Respondent(s)s shall notify EPA in writing of the
name, address, and qualifications of another contractor within seven (7) days after receipt of the
notice of disapproval.
65. Respondents shall provide a copy of this Order to all contractors, subcontractors, laboratories,
and consultants retained in connection with this Order within seven (7) days after the Order's
effective date or of such retention, whichever is later. The Respondents shall ensure that all such
contractors, subcontractors, laboratories and consultants will perform all work in conformity with
the RCRA, the Safe Drinking Water Act, 42 U.S.C. § 300f, and the terms and conditions of this
Order and Scope of Work. Respondents shall nonetheless be responsible for ensuring that their
contractors and subcontractors perform the Work in accordance with this Order.
66. Within seven (7) days after the effective date of this Order, the Respondents shall designate a
Project Coordinator who shall be responsible for administration of all of the Respondents' actions
called for by this Order, and shall submit the designated coordinator's name, address, and
telephone number to EPA. EPA will deem the project coordinator's receipt of any notice or
communication from EPA relating to this Order as receipt by the Respondents.
XII. NOTICE OF INTENT TO COMPLY
67. Each Respondent shall provide, within seven (7) days after the effective date of this Order,
written notice to EPA stating whether it will comply with the terms of this Order. If either
Respondent does not unequivocally commit to perform the work required by this Order, such
Respondent shall be deemed to have violated this Order and to have failed or refused to comply
with this Order. The absence of a response by EPA to the notice required by this paragraph shall
not be deemed to be acceptance of Respondent(s)’ assertions.
XIII. EPA TECHNICAL PROJECT COORDINATOR
68. The EPA Technical Project Coordinator (TPC) will administer EPA's responsibilities and
receive all written notices, reports, plans and other documents required by this Order. EPA's TPC
under this Order will be Todd Borci or other EPA designee. All submissions required by this
Order shall be sent to EPA's TPC at the following address:
Attention: MMR Impact Area Technical Project Coordinator
Mr. Todd Borci
U.S. Environmental Protection Agency
J.F.K. Federal Building
Boston, MA 02203-2211

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69. EPA's TPC shall have the authority to modify the Scope of Work in writing. Absence of the
TPC from the Site shall not be cause for stoppage of work by the Respondents unless specifically
directed by the TPC.
XIV. WORK TO BE PERFORMED; COMPLETION OF WORK
70. Immediately after the effective date of this Order, unless modified pursuant to Section
XXXVII of this Order, Modification of the SOW, the Respondents shall commence the work
detailed in the Scope of Work. All work performed by the Respondents shall be conducted in
accordance with RCRA, applicable guidance documents provided by EPA, and the provisions of
this Order including any standards, specifications, and time schedules contained in the Scope of
Work or specified by the TPC.
XV. SUBMISSIONS REQUIRING AGENCY APPROVAL;
RESPONDENTS' OBLIGATION TO PROCEED
71. After review of any deliverable, plan, report or other item (submission) that the
Respondent(s) are required to submit for review and approval pursuant to this Order and
Statements of Work, EPA may: (i) approve the submission; (ii) conditionally approve the
submission with required modifications; (iii) disapprove the submission and notify the
Respondent(s) of deficiencies; or (iv) disapprove the submission and modify the deliverable, plan,
report, or other item itself to cure any deficiencies. In the event EPA approves or conditionally
approves the submission, or disapproves and modifies the submission itself, the Respondent(s)
shall perform all actions required by the submission, as approved, conditionally approved, or
modified by EPA.
72. Upon receipt of a notice of disapproval with deficiencies ((iii) above), the Respondent(s)
shall correct the deficiencies and resubmit the submission within seven (7) days or such other
time period specified in the notice of disapproval. Notwithstanding a notice of disapproval, the
Respondent(s) shall proceed to take any action required by any non-deficient portion of the
submission. If EPA does not approve the submission as resubmitted, Respondent(s) shall be in
violation of the Order.
73. For each submission provided to EPA, the Respondent(s) shall submit such copies as
specified by the TPC. Any deliverable, plan, or report submitted to EPA pursuant to this Order
shall be dated and shall include, in a prominent location in the document, the following
disclaimer: "Disclaimer: This document has been prepared pursuant to a government
administrative order (U.S. EPA Region I RCRA Docket No. 1-2001-0014) and is subject to
approval by the U.S. Environmental Protection Agency. The opinions, findings, and conclusions
expressed are those of the authors and not those of the U.S. Environmental Protection Agency."
In addition, any such deliverable, plan, or report which has not received final approval from EPA
shall be marked "Draft" on each page. The Respondent(s) shall provide copies of all deliverables
to the Massachusetts Department of Environmental Protection (DEP). EPA will consult with the

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DEP in its review of each major deliverable; however, EPA retains the authority to approve or
disapprove any of the deliverables.
XVI. INCORPORATION AND ENFORCEABILITY OF DOCUMENTS
74. The Statements of Work and all other appendices or attachments to this Order shall be
deemed incorporated into, and made an enforceable part of, this Order. Upon approval by EPA,
all contracts, deliverables, plans, reports, specifications, schedules, or other items required by or
developed under this Order shall be deemed incorporated into, and made an enforceable part of,
this Order. In the event of conflict between this Order and any document attached to,
incorporated into, or enforceable hereunder, the provisions of this Order shall control.
XVII. SITE ACCESS
75. To the extent that Respondents own, occupy, lease or control property at the MMR, or
property other than the MMR to which access is required in order to properly carry out the terms
of this Order, they shall grant access to EPA, the Commonwealth of Massachusetts (the "State")
and their officers, employees, agents, contractors, consultants, and other authorized
representatives for purposes of implementing and monitoring work to be performed under this
Order. Authorized representatives of EPA and the State who have explosive ordnance disposal
training shall be allowed access to conduct oversight activities when work involving UXO is
being conducted.
76. To the extent access to, use or ownership of, or easements over property other than the MMR
is required for the proper and complete implementation of this Order, the Respondents shall use
best efforts to obtain site access agreements or other interests in the property, in writing, sufficient
to allow implementation of this Order within thirty (30) days after the Order's effective date. For
purposes of this paragraph, "best efforts" include but are not limited to the payment of money,
consistent with the Anti-Deficiency Act, in consideration of access to property.
77. Such written access agreements or other interests obtained pursuant to the preceding
paragraph shall provide EPA, the State, and their officers, employees, agents, contractors,
consultants, and other authorized representatives access to the MMR or other such property at all
times for purposes of implementing and monitoring work under this Order. Such written access
agreements or other interests shall specify that the Respondents are not EPA's representatives or
agents with respect to liability associated with the Site.
78. In the event that site access agreements or other interests sufficient for implementation and
monitoring of work under this Order are not obtained within the time period specified above, the
Respondents shall notify EPA in writing within three (3) days thereafter regarding the lack of
such agreements and the efforts made by the Respondents to obtain them. Lack of access shall
not excuse or justify failure to perform any activity or to meet any deadline not requiring or
directly dependent upon such access.

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XVIII. QUALITY ASSURANCE/SAMPLING
79. The Respondent(s) shall submit immediately to EPA and the State, upon receipt, the results
of all sampling or tests and all other data generated by the Respondent(s), its contractor(s), or on
the Respondent(s)' behalf in the course of implementing this Order. The Respondent(s) shall also
provide the quality assurance/quality control procedures followed by all sampling teams and
laboratories performing data collection and/or analysis.
80. Upon request, the Respondent(s) shall allow EPA, the State, or their authorized
representatives to take split and/or duplicate samples of any samples collected by the
Respondent(s) while performing work under this Order. The Respondent(s) shall notify EPA and
the State not less than four (4) days in advance of any sample collection activity. In addition,
EPA shall have the right to take any additional samples that it deems necessary.
81. The Respondent(s) shall assure that EPA and its authorized representatives are allowed access
to any laboratory utilized by the Respondent(s) in implementing this Order. Upon request, the
Respondent(s) shall have a designated laboratory analyze samples submitted by EPA for quality
assurance monitoring.
XIX. ACCESS TO INFORMATION; RECORD PRESERVATION;
CONFIDENTIALITY CLAIMS
82. Upon request, the Respondents shall provide EPA and DEP with copies of all records,
documents, and other information generated by the Respondents and their contractor(s) which
relates in any way to the facility or to the implementation of this Order, including but not limited
to, sampling and analysis records, field sheets and field notes, engineering logs, chain of custody
records, contracts, bills of lading, trucking logs, manifests, receipts, reports, and correspondence.
In addition, the Respondents’ employees, agents, or representatives with knowledge of facts
concerning the conditions at the facility or performance of work under this Order shall be made
available to EPA and DEP to provide such information.
83. For a period of at least five (5) years following completion of all work conducted by the
Respondent(s) pursuant to this Order, the Respondent(s) shall preserve all documents, records,
and information of whatever kind, nature or description in their possession and/or control or that
of their officers, employees, agents, licensees, accountants, contractors, attorneys, successors and
assigns, that relate in any way to the performance of work under this Order, or relate in any way
to releases or threatened releases of contaminants which are the subject of the actions addressed
by this Order. After this five (5) year period has expired, the Respondent(s) shall provide EPA
and DEP with thirty (30) days advance written notice prior to the destruction of any such records,
documents, or information. The Respondent(s) shall send such notice, accompanied by a copy of
this Order, to:
Attention: MMR Impact Area Counsel
Office of Environmental Stewardship

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U.S. Environmental Protection Agency
J.F.K. Federal Building
Boston, Massachusetts 02203-2211
EPA Docket No. RCRA-1-2001-0014
Upon request, the Respondent(s) shall provide to EPA copies of all such records, documents, or
information.
84. Respondent(s) may assert a confidentiality claim, if appropriate, covering part or all of the
information required by or requested under this Order, pursuant to Section 3007(b) of RCRA and
40 C.F.R. § 2.203(b) (1989). Respondent(s) shall adequately substantiate all such assertions.
Information determined to be confidential by EPA will be afforded the protection required by 40
C.F.R. Part 2, Subpart B. If no confidentiality claim accompanies the information when
submitted to EPA, EPA may make it available to the public without further notice to the
Respondent(s).
XX. CREATION OF DANGER; EMERGENCY RESPONSE
85. Upon the occurrence of any incident or change of conditions during the activities conducted
pursuant to this Order that causes or threatens a release of contaminants from the facility or an
endangerment to the public health or welfare or the environment, the Respondents shall
immediately take all appropriate action to prevent, abate or minimize such release or
endangerment. The Respondents shall also immediately notify the TPC or, in the event of his/her
unavailability, shall notify the Regional Duty Officer of the Emergency Planning and Response
Branch, EPA Region I, telephone (800) 424-8802 and DEP emergency response personnel at
(888) 304-1133. In taking any actions under this paragraph, the Respondents shall act in
accordance with all applicable provisions of the Health and Safety Plan prepared pursuant to the
Statements of Work.
86. The Respondents shall submit a written report to EPA within seven (7) days after each
incident specified above, setting forth the events that occurred and the measures taken and to be
taken to mitigate any release or endangerment caused or threatened by the incident and to prevent
the reoccurrence of such an incident.
87. Nothing herein shall limit the power and authority of EPA or the United States to take, direct,
or order all actions necessary to protect public health, welfare, or the environment or to prevent,
abate, or minimize an actual or threatened release of hazardous or solid wastes, hazardous
substances, pollutants or contaminants on, at, or from the facility.
XXI. AMENDMENTS

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88. This Order, other than the Statements of Work, may only be amended in writing by signature
of the Regional Administrator of EPA Region I. Amendments or modifications to the Statements
of Work may only be made in writing by the TPC.
89. No informal advice, guidance, suggestion, or comment by EPA regarding reports, plans,
specifications, schedules, and any other writing submitted by the Respondent(s) shall be construed
as relieving the Respondent(s) of its obligation to obtain such formal approval as may be required
by this Order.
XXII. PUBLIC INVOLVEMENT
90. Respondents shall ensure adequate public involvement in all Work undertaken pursuant to the
Order and SOW. Within fifteen days of the effective date of the Order, Respondent National
Guard Bureau shall submit to EPA an amendment to the existing Public Information Plan for the
Impact Area Study, which shall ensure adequate public involvement concerning the detonation of
UXO at MMR in a controlled detonation chamber, including but not limited to the following:
A. Making immediately available to the public all non-privileged information obtained or
compiled pursuant to this Order;
B. Coordinating the Work under this Order and SOW with the Impact Area Review Team
established pursuant to Administrative Orders SDWA I-97-1019 and SDWA I-2000-0014 ;
C. Providing periodic oral and written updates to the public on the progress of the Work;
D. Sharing immediately with the public all conclusions reached by the Respondent(s) or their
representatives with respect to the Work;
E. Coordinating the Work under this Order and SOW with the ongoing groundwater
investigations being undertaken by Respondents and with response actions being undertaken at
MMR by the Installation Restoration Program.
XXIII. OTHER APPLICABLE LAWS
91. All actions required pursuant to this Order shall be undertaken in accordance with the
requirements of all applicable local, state, and federal laws and regulations, including but not
limited to, the laws relating to occupational health and safety and worker's compensation.
XXIV. ENFORCEMENT; PENALTIES FOR NONCOMPLIANCE
92. Violation of this Order, or failure or refusal to comply with this Order, may subject the
Respondents to an enforcement action, as provided in Section 7002(b) of RCRA, 42 U.S.C. §
6972(b), and may subject the Respondent Massachusetts National Guard Bureau to an

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enforcement action by EPA for civil penalties for each day in which such violation or failure to
comply occurs, as provided in Section 7003(b) of RCRA, 42 U.S.C. §6973(b).
XXV. DISCLAIMER OF LIABILITY BY EPA
93. By issuance of this Order, EPA assumes no liability for injuries or damages to persons or
property resulting from acts or omissions by the Respondent(s), its officers, employees, agents,
representatives, successors, assigns, contractors, or consultants in carrying out activities pursuant
to this Order. EPA shall not be held as a party to any contract entered into by the Respondent(s)
or their employees, agents, representatives, successors, assigns, contractors, or consultants in
carrying out activities pursuant to this Order.
XXVI. NO RELEASE FROM LIABILITY
94. Nothing in this Order shall constitute or be construed as a satisfaction or release from any
claim, cause of action, or demand in law or equity against the Respondents or any other person,
whether or not a party to this Order, for any liability such person may have for any conditions or
claims arising out of or relating in any way to the generation, storage, treatment, handling,
transportation, release, or disposal of any hazardous substances, hazardous or solid wastes,
pollutants, or contaminants found at, taken to, or taken from the facility, including but not limited
to any and all claims of the United States for money damages and interest under Section 107(a) of
CERCLA, 42 U.S.C. § 9607(a), or under any other applicable statute or the common law.
XXVII. RESERVATION OF RIGHTS BY EPA
95. EPA reserves all rights against the Respondents and all other persons to take any further civil,
criminal, or administrative enforcement action pursuant to any available legal authority, including
the right to seek injunctive relief; the recovery of money expended or to be expended (plus
interest); monetary penalties; criminal sanctions; and/or punitive damages regarding: (i) any
violation of this Order; or (ii) any actual or potential threat to human health or welfare or the
environment, or any release or threat of release of hazardous substances on, at, in, or near the
facility. Nothing in this Order shall preclude EPA from taking any additional enforcement
actions, including modification of this Order or issuance of additional Orders, and/or additional
actions as EPA may deem necessary, or from requiring Respondents in the future to perform
additional activities pursuant to RCRA, SDWA, or any other applicable law.
96. EPA further expressly reserves the right both to disapprove work performed by the
Respondent(s) and to request or order the Respondent(s) to perform tasks in addition to those
detailed in the Order. In addition, EPA reserves all rights it may have to undertake response
actions at any time and to perform any and all portions of the work activities which the
Respondent(s) has failed or refused to perform properly or promptly, and to seek reimbursement
from Respondent(s) for its costs, or seek any other appropriate relief.

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97. Notwithstanding any other provision of this Order, EPA shall retain all of its information
gathering, entry, inspection, and enforcement authorities and rights under any applicable law,
regulation, or permit.
XXVIII. OPPORTUNITY TO CONFER
98.

Following the initial January 4, 2001 signature of the EPA Regional Administrator on this
Order, Respondents were given the opportunity to confer with EPA on the issuance of
this Order. Respondent National Guard Bureau and the Regional Administrator of EPA
Region I, on January 12, 2001, held a conference regarding this Order. On January 22,
2001, Respondent National Guard Bureau requested an opportunity to confer with the
EPA Administrator pursuant to Section 6001(b)(2) of RCRA, 42 U.S.C. 6961(b)(2). On
February 15, 2001, the EPA Administrator delegated the conference to the EPA Acting
Assistant Administrator for Enforcement and Compliance Assistance. On March 16,
2001, Respondent National Guard Bureau conferred with the EPA Acting Assistant
Administrator. The EPA Acting Assistant Administrator has since upheld the issuance of
the Order, and made certain technical modifications in order to clarify that the Order does
not apply to the storage or disposal of totally inert munitions items (other than to prohibit
their open detonation) and that the Respondents may submit a proposal for alternative
disposal methods for solid waste military munitions for EPA Region I’s review and
approval.
XXIX.

99.

PUBLIC COMMENT

In accordance with public participation requirements of RCRA, EPA published notice of
this Order on January 22, 2001, held a public meeting on January 25, 2001, and provided a
reasonable opportunity for the public to comment on the Order. Comments received
during the public comment period did not disclose facts or consideration which would
indicate that the Order, as modified by the Acting Assistant Administrator, is
inappropriate, improper or inadequate.
XXX. EXCUSED DELAY - FORCE MAJEURE

101. Respondent(s)’ activities under this Order shall be performed within the time limits set forth
herein, or otherwise established or approved by EPA, unless performance is delayed or prevented
by events which constitute "force majeure". For purposes of this Order, "force majeure" is
defined as any event arising from causes beyond Respondent(s)’ control. "Force majeure" shall
not include any inability of Respondent(s) to pay the costs or expenses associated with complying
with this Order, or increases in such costs or expenses, except as provided below in XXXII, AntiDeficiency Act. When an event constituting "force majeure" occurs, Respondent(s) shall perform
the affected activities within a time period not to exceed the time provided in this Order and the
period of delay attributable to "force majeure". Respondent(s) shall use best efforts to avoid or
minimize any delay or prevention of performance of their obligations under this Order, and to
discover and keep apprized of any and all circumstances which may result in a delay or

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prevention of the work required under this Order. A delay caused by EPA, and otherwise
conforming with the terms of this Section, shall be treated as beyond the Respondent(s)’ control.
102. Respondent(s) shall verbally notify the EPA Project Coordinator as soon as possible, and
not later than forty-eight (48) hours, after the discovering that circumstances have occurred or are
likely to occur which may delay or prevent the performance of any activity required by this
Order, regardless of whether or not those circumstances constitute a "force majeure". If the
Project Coordinator cannot be reached, Respondent(s) shall leave a telephone message at the
Project Coordinator's office. Respondent(s) shall also notify EPA in writing within seven (7)
days after the date Respondent(s) first became aware of the circumstances which may delay or
prevent any performance of any activity required by this Order. Such written notice shall be
accompanied by all available pertinent documentation including, but not limited to, third-party
correspondence, and shall contain: 1) a description of the circumstances and the Respondent(s)’
rationale for interpreting such circumstances as being beyond its control; 2) the actions (including
pertinent dates) Respondent(s) has taken and/or intends to take to minimize any delay; and, 3) the
date or time period Respondent(s) propose to complete the delayed activities. Such notification
shall not in and of itself relieve Respondent(s) of any of their obligations under this Order.
Respondent(s)’ failure to timely and properly notify EPA as required by this paragraph shall
nullify any claim of "force majeure" and resulting entitlement to any extension of time therefor.
Respondent(s) shall have the burden of proving to EPA's satisfaction that an event constituting
"force majeure" has occurred.
XXXI. EFFECTIVE DATE; COMPUTATION OF TIME
103. The obligations required by this Order (as modified pursuant to the decision of the EPA
Acting Assistant Administrator) shall become effective upon signature of the EPA Regional
Administrator. All times for Performance of Work under this Order shall be calculated from the
effective date. When computing any period of time under this Order, if the last day would fall on
a Saturday, Sunday or federal holiday, the period shall run until the next working day.
XXXII. ANTI-DEFICIENCY ACT
104. Nothing in this Order shall require the Respondent National Guard Bureau or other federal
agency to violate the Anti-Deficiency Act.
XXXIII. SEVERABILITY
105. If any provision of this Order is determined to be invalid, or it is determined that the
Respondents have sufficient cause not to comply with one or more provisions of this Order,
Respondents shall remain bound to comply with all provisions of this Order not so invalidated.
XXXIV. TERMINATION

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106. The provisions of this Order shall remain in full force and effect until all actions required by
this Order have been completed and EPA has notified the Respondents, in writing, that the actions
required by this Order have been completed. Respondent(s) shall notify EPA in writing at such
time as it believes that all such actions have been completed. EPA shall have sole discretion in
determining whether all such actions have in fact been completed. Failure to complete all actions
required hereunder as directed by EPA shall be deemed a violation of this Order. EPA's provision
of written notice to Respondents pursuant to this paragraph shall not be construed as a waiver of
any of EPA's rights to take further enforcement action under any environmental laws.
XXXV. EXISTING CONSENT DECREE
107. The provisions of this Order are not intended to require any action inconsistent with
applicable law or with the consent decree in Conservation Law Foundation of New England, Inc.
v. Lt. Gen. Herbert R. Temple, Jr. as he is Chief of the National Guard Bureau, et al., No. 861044-S (D. Mass). To the extent that Respondent(s) believes in good faith that any action
required by this Order would be inconsistent with that Consent Decree, Respondent(s) is to notify
EPA immediately.
XXXVI. MODIFICATION OF THE SOW
108. If EPA determines that modification of the Work specified in the attached SOW or in work
plans developed pursuant to the SOW is necessary and appropriate, EPA may require that such
modification be included in the SOW and/or in such work plans.

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IT IS SO ORDERED
______________________
Ira Leighton
Acting Regional Administrator, EPA-New England
U.S. Environmental Protection Agency
______________________
Date

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APPENDIX A
STATEMENT OF WORK
Use of Controlled Detonation Chamber for RCRA-Regulated Wastes
I.

Objectives

This Scope of Work identifies the requirements for testing and use of the controlled detonation
chamber, or other disposal or treatment technologies which may be approved by EPA, at the
Training Range and Impact Area at Massachusetts Military Reservation to dispose of solid waste
military munitions that are subject to this Order.
The primary components of the work are:
1. Respondent National Guard Bureau shall prepare and submit to EPA a Test Plan for the
Donovan T-10 Controlled Detonation Chamber (CDC) currently located at the Training Ranges
and Impact Area at MMR.
2. Respondent National Guard Bureau will provide a CDC Test Results Report to EPA and DEP
within 60 days.
3. Following EPA review of the CDC Test Results Report, Respondent National Guard Bureau
shall install additional pollution control equipment to the CDC or undertake additional waste
management practices, as directed by EPA to protect human health and the environment.
4. Respondents shall store all solid waste military munitions in a manner that complies with
RCRA.
5. Respondent National Guard Bureau shall use the CDC, together with any required pollution
control equipment or waste management practices, for the detonation and/or disposal of solid
waste military munitions which are of appropriate size to be detonated in the Donovan T-10 CDC,
safe to move and which are subject to this Order.
6. Respondent National Guard Bureau may propose the use of alternative disposal or treatment
technologies for solid waste military munitions, in addition to or in lieu of the CDC, for review
and approval by EPA pursuant to Section XV of this Order (Submissions Requiring Agency
Approval). Respondents shall provide EPA with adequate information, data and test results
which EPA may consider necessary for approval of such alternative disposal or treatment
technologies. EPA may, in its discretion, approve such alternative disposal or treatment
technologies if they are protective of human health and the environment at MMR, and comply
with the requirements of RCRA and other applicable laws and environmental standards.

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7. If EPA determines that the Donovan T-10 CDC is not appropriate (based on size limitations,
use limitations, or other considerations) for the detonation of munitions and UXO that are found
at MMR and are determined safe to move, EPA may in its discretion require the Respondent
National Guard Bureau to obtain additional equipment, or to implement additional waste
management practices, to allow for the safe disposal of solid waste military munitions which are
subject to this Order, in a manner that complies with RCRA.
II.

Deliverables and Schedule

1. Respondent National Guard Bureau shall prepare a CDC Test Plan which will describe a test
to evaluate potential emissions from the detonation of munitions found at MMR in the Donovan
T-10 CDC. The NGB has already submitted drafts of the Test Plan to EPA for review, and EPA
has commented on such drafts. The NGB submitted a revised Test Plan on December 11, 2000.
2.

Respondent National Guard Bureau implemented the CDC Test Plan in January, 2001.

3. By June 1, 2001, Respondent National Guard Bureau shall submit to EPA and DEP a CDC
Test Results Report, providing a comprehensive analysis of the results of the test of the CDC.
Upon review of the test results, EPA may require additional pollution control equipment and/or
additional waste management practices in order to attain emission levels that are protective of
human health and the environment. EPA may either approve the use of the Donovan T-10 CDC
without additional modification, or EPA may require modifications before the CDC can be used
for the detonation of solid waste military munitions, including UXO, which are subject to this
Order.
4. Following receipt of EPA’s approval, and after implementing any modifications that may be
required, Respondent National Guard Bureau shall use the CDC as approved for the detonation of
solid waste military munitions, including UXO, which, are found at MMR, are determined safe to
move, and are subject to this Order.