Meeting Summary

Munitions Response Forum Meeting

April 26-27, 2011

Arlington, Virginia

Participants

Anne Andrews, SERDP/ESTCP

Suzanne Beauchamp, USACE

Reggie Cheatham, EPA HQ, FFRRO

Julian Chu, USACE-FUDS

Bill Frank, EPA HQ

Bryan Frey, Army (OACSIM)

Andrea Gregory, Booz Allen

Carolyn Hanson, ECOS

Brian Harrison, DON–NAVFAC HQ

Harry Hendler, Arizona DEQ (phone)

Bud Hoda, Air Force

Wanda Holmes, Navy CNO N45

Michele Indermark, SAF/IEE

J.C. King, DOD-ODASA(ESOH)

Brent Knoblett, DDESB

Alexandra Long, USACE-FUDS

Richard Mach, DON

Doug Maddox, EPA HQ

Iver McLeod, Maine DEP

Herb Nelson, SERDP/ESTCP

Jay Newbaker, Navy CNO N45

Kyle Newman, Virginia DEQ

Jennifer Roberts, Alaska DEC

Clarence Smith, Illinois EPA (phone)

St. Clair Thompson, USFWS

Blake Velde, USDA

Dan Ward, California EPA

Vic Wieszek, DOD-OSD

Ann Wood, ARNG

Megan Zadecky, Booz Allen

Karen Zhang, DOI

DAY 1 – APRIL 26

Clarence Smith and Jennifer Roberts welcomed everyone. Clarence Smith apologized for

not attending in person. Participants introduced themselves.

Agency Updates

EPA – Reggie Cheatham welcomed everyone to EPA’s offices and said he was happy to

see the group working. He said that EPA will have budget challenges in FY12. He said

they are prioritizing NPL sites over non-NPL sites.

Doug Maddox said that EPA had dealt with some interesting site issues since the last

meeting. He and Vic Wieszek have spent a lot of time on classification and he is

optimistic but cautioned against overstating the potential savings from the emerging

technologies. EPA is trying to prepare for regulatory issues related to the new

classification technology and did some training related to it at NARPM in 2010. EPA is

moving away from big in-person meetings to online training but NARPM and the

National Site Assessment Symposium are coming up in May and June, respectively.

DOD – Vic Wieszek said that DOD is almost done with their Annual Report to Congress.

DOD has established a Metrics Subcommittee under DOD’s Cleanup Committee to look

at new metrics for response complete. The E2S2 Symposium is coming up in a few

weeks in New Orleans and it will include sessions on green and sustainable remediation

and performance-based acquisition. A memo extending MEC-HA trial period for two

more years is being issued.

ANGMRSSI (Formerly Known As NDNODS) – Ann Wood provided a set of slides

(attachment 1) that provided information on the status of their site inspections. She noted

that right of entry is a critical item for their ability to complete site inspections but that

they often are able to get access with the help of local guardsmen. They have completed

the majority of TPP1s and are starting TPP2s. They anticipate finishing the site

assessment phase by July 2012. There has been good state participation in updating

DSMOA Cooperative Agreements to support this work. Future year funding has been

moved out of DERP to compliance cleanup which is not eligible for DSMOA. She is

working on this issue and how it will effect state interactions.

Federal Land Managers – St. Clair Thompson and Blake Velde noted that they would

like more information on when and where ANGMRSSI is planning work on federal lands

so that they can ensure that environmental staff are involved.

Blake Velde said that his budget took a 20% hit this year and that what is left is almost

entirely salary. As a result, USDA will most likely not be able to the complete cleanup at

three NPL sites that was planned this year. He does not yet know about the 2012 budget.

St. Clair Thompson said he is still concerned about the battlefields issue and the legal

interpretation of Act of War since releases that are Acts of War are orphans that no one is

addressing. For example, at Kiska he needs to know what areas are considered to have

had only activity under acts of war and where there was other activity.

States – Clarence Smith noted that FUDS and FUDS shifting is a big issue for states and

that there is a letter on the issue in to FFRRO with a copy to Maureen Sullivan. He has

had some discussions with others on the future of the MRF after September but there is

no resolution yet.

Action Items

Doug Maddox will share information on upcoming meetings and trainings with the

states.

When Vic Wieszek has more information on moving ANGMRSSI (NDNODS) funding

out of DERP and into compliance-related cleanup and how this will effect states, he will

share it with the MRF.

Ann Wood will work with St. Clair Thompson, Blake Velde, and Karen Zhang to get

them the information they need on ANGMRSSI sites.

Vic Wieszek will share the 2011 Report to Congress when it is available.

The workgroup on the battlefield/Act of War issue, which functioned during the

MRC/MRF hiatus, needs to be re-energized with participation from EPA, DOI, FWS,

States, and DOD.

Risk Management Work Group

Jennifer Roberts said that the draft paper had been out for comment to the states and to

the MRF. She handed out an updated draft that she and Dan Ward prepared that included

changes as a result of comments from OSD, Richard Mach, Michele Indermark and

Massachusetts (Attachment 2). The new draft did not address J.C. King or Colorado’s

comments.

The participants worked through the updated draft of the document paragraph by

paragraph. In addition to specific changes discussed and made to a new draft of the paper

during the meeting, the following additions/changes were suggested:

Add some language to clarify that the paper is related to the explosive hazard of

munitions not about the risks from munitions constituents.

The wild fire information needs to include federal land managers and tribes.

In the purpose paragraph, clarify that some of the uncertainty and long-term

management will extend beyond the period of interim risk.

In the first paragraph of the introduction, a footnote should be added to provide

clarification about munitions debris.

Under Construction Support in the Current Status section, may want to link to the

official definition as FUDS representatives had some issues with this section.

Action Items

Blake Velde, St. Clair Thompson, and Karen Zhang will provide Jennifer Roberts and

Dan Ward with additional input on the wild fires and controlled burns section of the

paper.

Bill Frank will provide some language related to Element #6 in the paper.

Jennifer Roberts and Dan Ward will prepare an updated draft of the paper and that

will be distributed to the MRF.

Underwater Munitions Work Group

Iver McLeod and Kyle Newman handed out a current draft of the Underwater Munitions

Paper (attachment 3). The group walked through the paper by sections. Suggestions for

strengthening the paper included:

Clarifying (deciding?) if the paper just about coastal waters or for coastal and inland

water.

Add some language about DOD having the MMRP that can address underwater

munitions sites but that states have concerns about the lack of focus and work to

address these.

Add and introductory paragraph to the “types” section.

Add a section on legal and policy gaps which should include something about the

mean high water line jurisdiction issue.

Action Items

Jennifer Roberts will help Iver McLeod and Kyle Newman reach out to Bill Harmon of

Michigan to try to get some additional state assistance on the paper.

Jennifer Roberts, Iver McLeod, and Kyle Newman will have a call to discuss formatting

of the paper.

Michele Indermark will call Iver McLeod with some additional feedback.

Iver McLeod and Kyle Newman will prepare a new draft of the document based on

feedback and distribute it to the MRF for comment.

DAY 2 – APRIL 27

Emergency Response Paper

Doug Maddox and J.C. King discussed how recent experience at the Pier 91 site in

Seattle has demonstrated some challenges with emergency permits and level 2 responses.

After discussion of the Pier 91 challenges, it was suggested that the paper needs to

address level 2 emergencies and the difference between a true emergency and work that

can start in a day or week. Overall, there were recommendations to update the paper with

a new introduction, clarification of some issues, and creation of permit templates for level

2 emergencies.

Action Items

J.C. King and Doug Maddox will co-lead a subgroup to hammer out some of the

emergency response issues that came up at Pier 91 and to create a permit template. The

subgroup will include St. Clair Thompson, Wanda Holmes (or Sherrie), J.C. King, Bill

Frank, Blake Velde, Michele Indermark (or another AF representative), and Clarence

Smith. The subgroup will also try to include a Coast Guard representative as they are

often the first responder in emergency response situations.

Doug Maddox will send out a copy of the permit related to Pier 91.

SERDP-ESTCP Update on Characterization

Herb Nelson and Anne Andrews provided an update on SERDP and ESTCP’s work on

characterization (Attachment 4). Classification/discrimination is needed to help drive

down the cost of munitions site cleanup. SERDP and ESTCP have been working with

technology developers to create new technologies. A couple of new technologies are

showing promise with respect to discriminating between munitions and debris. If these

technologies can be used to distinguish between these two kinds of items and allow

digging of only the munitions, then the cost of cleanup could be reduced. Recently they

have been testing these technologies on harder sites to test their utility under real

conditions as opposed to the Aberdeen test site. As they prepare for technology transfer

of these new systems, they are looking at how to gain acceptance of them by regulators,

project managers, the public, and others so that they will be used.

Action Items

Anyone with a recommended site for testing of these characterization technologies

should send them to Herb Nelson.

Jennifer Roberts will work with Herb Nelson on getting training and information to the

states.

Herb Nelson will send Carolyn Hanson a fact sheet to share with the MRF. (See

attachment 5)

Regulatory Concurrence

Vic Wieszek, who had brought this issue up at a previous meeting, started the discussion

on DOD’s desire to standardize regulatory concurrence documentation for No Further

Action (NFA) determinations. He has reached out to ASTSWMO about doing a project

related to this and got a response that was not in the format he expected. Jennifer Roberts

recommended that he work with the ASTSWMO Federal Facilities Subcommittee to

come up with a plan. Clarence Smith offered to send in an example of a NFA

concurrence letter from Illinois EPA.

Action Items

Clarence Smith will send a sample NFA concurrence/closure letter. (See attachment 6.)

Vic Wieszek will reach out to ASTSWMO’s Federal Facilities Subcommittee about NFA

concurrence.

Update from Air Force on Performance-Based Contracting

Michele Indermark said that the Air Force has signed out a two page policy on refocusing

their clean up program to accelerate achieving remedy in place, increase efficiencies, and

use performance-based contracting. The Air Force is looking to address issues where

they have had to have multiple contracts just to get a site study completed. They are

looking at what sites should go into the PBC program. They hope to save contracting

costs and mobilization/demobilization time and effort. Other MRF members questioned

whether there were issues with competition, small businesses, decision-making by

contractors on profit-based motives, the Air Force letting the contractors run cleanups too

much on their own, and ensuring that the Air Force oversees the contractors and

participates in meetings. Michele Indermark said that they are working on education with

the Air Force on these issues and are trying to recognize and avoid past mistakes made

under PBC.

Action Items

Michele Indermark will send out policy memo. (See attachment 7.)

When the information is available, Michele Indermark will bring information on

management from the policy.

Collaborative Decision Making

Clarence Smith is working on drafting a letter to all states asking them to support the

collaborative decision making model that was adopted under the MRC. He hopes to have

it finished by the end of May at which time he will send it to Vic Wieszek and Doug

Maddox for review and comment.

Action Items

Clarence Smith to draft letter to states on collaborative decision making and

seek comments from Vic Wieszek and Doug Maddox.

Other

Action Items

Brian Frey will share language on sequencing criteria.

Blake Velde will share link/reference to article on phyto-identification of munitions.

Wrap Up and Scheduling of Next Meeting

Carolyn Hanson will be the point of contact for notes and action items and will track them.

The next meeting of the MRF will be held on September 20 and 21, 2011 with just a half day on

the 21st at EPA’s Potomac Yard Offices in Arlington, Virginia.

Action Items

Carolyn Hanson will compile a list of action items and track them.

Doug Maddox reserve meeting space for September 20 and 21 at EPA.