EPA CEASE FIRE ORDER Part 2

[Aimee Houghton <aimeeh@igc.org>]

4/10/97 

 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 REGION I

________________________________________
 )
In the Matter of: ) U.S. EPA 
Region I
 )
Training Range and Impact Area, ) EPA Docket No.'s:
Massachusetts Military Reservation ) RCRA I-97-1031 
 ) SDWA I-97-1030 
 )
 ) 
 )
National Guard Bureau )
and )
Massachusetts National Guard, ) 
 ) 
ADMINISTRATIVE ORDER
 Respondents. ) FOR RESPONSE 
ACTION
 ) 
Proceeding Under Section 7003(a) of the ) 
Resource Conservation and Recovery Act )
of 1976 as amended, 42 U.S.C. § 6973(a),)
and Section 1431(a) of the Safe )
Drinking Water Act, 42 U.S.C. § 300i(a) )
________________________________________)
 ADMINISTRATIVE ORDER
 FOR: MASSACHUSETTS MILITARY RESERVATION
 TRAINING RANGE AND IMPACT AREA RESPONSE ACTIONS

 TABLE OF CONTENTS

I. JURISDICTION.................................4

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

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

IV. PURPOSE......................................4

V. DEFINITIONS..................................5

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

VII. ENDANGERMENT AND RESPONSE....................12

VIII. CONCLUSIONS OF LAW...........................15

IX. DETERMINATIONS...............................16

X. ORDER........................................17

XI. DESIGNATION OF SUPERVISING CONTRACTOR 
 AND PROJECT COORDINATOR......................17

XII. NOTICE OF INTENT TO COMPLY...................18

XIII. EPA TECHNICAL PROJECT COORDINATOR ...........19

XIV. WORK TO BE PERFORMED; 
 COMPLETION OF WORK...........................19

XV. SUBMISSIONS REQUIRING AGENCY APPROVAL
 AND RESPONDENT'S OBLIGATION TO PROCEED.......20

XVI. INCORPORATION AND ENFORCEABILITY OF
 DOCUMENTS....................................21

XVII. SITE ACCESS..................................21

XVIII. QUALITY ASSURANCE/SAMPLING ..................22

XIX. ACCESS TO INFORMATION; RECORD PRESERVATION;
 CONFIDENTIALITY CLAIMS.......................22

XX. CREATION OF DANGER; EMERGENCY RESPONSE.......24

XXI. AMENDMENTS...................................24

XXII. OTHER APPLICABLE LAWS........................25

XXIII. ENFORCEMENT; PENALTIES FOR NONCOMPLIANCE.....25

XXIV. DISCLAIMER OF LIABILITY BY EPA...............25

XXV. NO RELEASE FROM LIABILITY....................25

XXVI. RESERVATION OF RIGHTS BY EPA.................26

XXVII. OPPORTUNITY TO CONFER........................27

XXVIII. EXCUSED DELAY-FORCE MAJEURE..................28

XXIX. EFFECTIVE DATE; COMPUTATION OF TIME..........30

XXX. ANTI-DEFICIENCY ACT..........................30

XXXI. SEVERABILITY.................................30

XXXII. TERMINATION..................................30

XXXIII. EXISTING CONSENT DECREE......................31

XXXIV. MODIFICATIONS TO THE SOW.....................31

 I. JURISDICTION

1. This Administrative Order (Order) is issued to Respondents 
National Guard Bureau and the Massachusetts National Guard pursuant to 
the authority vested in the Administrator of the United States 
Environmental Protection Agency (EPA) by Section 7003(a) of the Solid 
Waste Disposal Act, commonly referred to as the Resource Conservation 
and Recovery Act of 1976 (RCRA), as amended by the Hazardous and Solid 
Waste Amendments of 1984, 42 U.S.C. 6973(a). This authority has been 
delegated by the Administrator to the Regional Administrator of EPA 
Region I by EPA Delegation Nos. 8-22-A and 8-22-B dated March 20, 1985. 

2. This Order is also issued pursuant to the authority vested in 
the Administrator of EPA by Section 1431(a) of the Safe Drinking Water 
Act (SDWA), 42 U.S.C. § 300i(a). The Administrator of EPA has delegated 
the authority to take these actions to the Regional Administrator of EPA 
Region I by EPA Delegation No. 9-17 (1200-TN-350) dated May 11, 1994.

3. In the interests of environmental protection, public health and 
welfare, EPA hereby orders Respondents to undertake all actions required 
by this Order.

 II. STATE COORDINATION

4. 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. 

5. Pursuant to Section 1431 of the SDWA, 42 U.S.C. § 300i, EPA 
consulted with the Commonwealth of Massachusetts and local authorities 
on this matter. 

 III. PARTIES BOUND

6. This Order shall apply to and be binding upon the Respondents, 
and upon their affiliated organizations, agents, contractors, and 
consultants. 

 IV. PURPOSE

7. This Order compels the Respondents National Guard Bureau and 
Massachusetts National Guard to implement pollution prevention measures 
to abate the threat to public health and the environment presented by 
the past and present contamination from the Massachusetts Military 
Reservation (MMR) Training Range and Impact Area. The required actions 
are described more fully in the attached Scope of Work (SOW) appended to 
this Order as Appendix A, which is enforceable hereunder. 

 V. DEFINITIONS

8. All other terms, not otherwise defined herein, shall have their 
ordinary meanings unless defined in RCRA or SDWA, in which case the RCRA 
and/or SDWA definitions shall control.

 "Contractor" shall mean any person, including the contractors, 
subcontractors, or agents, retained or hired by Respondents to undertake 
any Work under this Order. 

 "Day" shall mean a calendar day, unless otherwise specified.

 "Order" shall mean this RCRA § 7003/SDWA § 1431 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

9. Respondent National Guard Bureau is an agency of the United 
States Government. 

10. Respondent Massachusetts National Guard, and its divisions the 
Massachusetts Army National Guard and Massachusetts Air National Guard, 
are agencies of the Commonwealth of Massachusetts. 

11. The Massachusetts Military Reservation (MMR) is a 22,000 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. 

12. Approximately 14,000 acres of MMR constitutes the Training Range 
and Impact Area. For over fifty years, military and law enforcement 
training has been conducted in the Training Range and Impact Area, 
including training by Respondents. This training and associated 
activities has included:
 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; 
 d. Detonation practice for explosives at two 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 
rounds.

 13. The Training Range and Impact Area contain over twenty small 
arms ranges. Up to 1,770,000 small arms rounds are fired annually at 
MMR.

14. The primary chemical constituent of the small arms used by 
Respondents at MMR is a lead core in a metal alloy jacket, usually 
composed of lead, copper, iron, antimony, and nickel.

15. Activities at the small arms ranges at MMR include the firing of 
projectiles at targets. After passing through the targets, the 
projectiles are stopped in a berm or the soil located behind the target. 
 Over time, projectiles from small arms ranges build up in the soil. In 
October 1996, using conservative estimates and assuming only weekend 
training, a consultant for Respondents estimated that approximately 
12,000 pounds of lead will accumulate each year in the berm of a single 
small arms range.

16. Up to 3,181 rounds of artillery and mortar are fired annually 
into the Impact Area from the Training Range.

17. In artillery and mortar firing at MMR, munitions similar to 
those used in small arms training as well as explosive compounds have 
been used. High explosives used at MMR in the past for mortar and 
artillery firing include trinitrotoluene (TNT) and Royal Demolition 
Explosive, hexahydro-1,3,5-trinitro-1,3,5-triazine (RDX). According to 
Respondents, TNT has been the most widely used military explosive since 
World War I. RDX has been used since World War II, and is used in 
combination with TNT.

18. Propellants used at MMR for artillery include single base 
propellants. The constituents of single base propellants include, among 
other things, dinitrotoluene (DNT), dibutylphthalate and diphenylamine. 
 In 1996, over 1975 charges of Green Bag M3 series, a single base 
propellant, were used at the Training Range and Impact Area. DNT makes 
up nearly 9.5% of the weight of a 5.8 pound Green Bag M3 propellant. 

19. Another artillery propellant used at MMR is the White Bag M4 
series. DNT and dibutylphthalate together account for 14% of the 
reported weight of this propellant, which weighs nearly 14 pounds. In 
1996, 18 charges of this propellant were fired. 

20. Propellants used at MMR for mortar firing in the past have 
included double base propellants, including M9 propellants. Generally, 
double base propellants include nitroglycerine as one of the 
constituents. M9 propellants also contain diphenylamine. 

21. Pyrotechnics are also used in training operations at MMR. In 
1996, approximately 29 types of pyrotechnics were used at MMR. 
Available information indicates that many of the pyrotechnics have 
hazardous constituents, including but not limited to contaminants 
detected in the limited soil and groundwater sampling which has been 
conducted in the Impact Area and Training Range to date.

22. In 1996, 104 units of Grenade Hand Smoke HC AN-M8 pyrotechnic 
were used at MMR. Forty-seven percent (47%) of each unit of this 
pyrotechnic consists of hexachloroethane (HCE). HCE has been used by 
the military in production of smoke and other pyrotechnic devices since 
World War II. Detonation of pyrotechnics containing HCE causes HCE 
vapor to get into the atmosphere (ranging from the immediate vicinity of 
detonation to 9 miles downwind, depending on the type of device), with 
subsequent entry potentially into groundwater via atmospheric fallout, 
runoff, and soil or sediment leaching. HCE may migrate rapidly in soil.

23. Zinc chloride smoke is a military screening agent. It is 
produced when mixtures of zinc oxide and hexachloroethane (HCE) are 
ignited. Grenade Hand Smoke HC AN-M8 is composed of 47% HCE and 49% 
zinc oxide. The resulting chemical reaction produces mostly particulate 
zinc chloride (along with free carbon, calcium carbonate and silica) 
which combines with moisture in the air to produce hydrochloric acid and 
zinc oxychloride. If this smoke is breathed in a closed environment it 
can cause severe damage to lungs. Outdoors, safety distances are 
recommended for exposure to zinc chloride screening smoke (e.g. 91 
meters from the source for 43 minutes is considered safe during daytime 
hours).

24. Many pyrotechnics used at MMR contain TNT, including all of the 
hand grenades used in 1996. In addition, other pyrotechnic devices used 
at MMR contain additional hazardous constituents such as lead 
thiocyanate, nitroglycerine, diethylphthalate, and acetone. 

25. Explosives, including RDX and TNT, have been detonated 
periodically at MMR at various locations, including an area known as 
"Demo 1". Demo 1 is a natural depression directly south of the Impact 
Area. This natural depression is approximately 30 feet above the ground 
water table. 

26. Unexploded ordnance (UXO) has been found in the Training Range 
and Impact Area. Ordnance includes high explosives such as RDX and TNT. 
 UXO has the potential to deteriorate over time and leak into the 
environment. 

27. On July 13, 1982, EPA formally 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 
aquifer is relied on for drinking water purposes by the general 
population, contamination of the aquifer would pose a significant hazard 
to public health.

28. 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.

29. 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 above what may be the apex of the Sagamore Lens. Groundwater 
flows radially in all directions from the Training Range and Impact 
Area.

30. 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.

31. The Cape Cod Commission, a regional planning agency, has 
analyzed the potential future water supply areas on Cape Cod. 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. 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. 

32. Groundwater flow under the MMR has been calculated at an average 
of one to three feet per day; an estimated 6 million gallons of water 
per day are contaminated by plumes emanating from MMR.

33. To date, much of the Training Range and Impact Area have not 
been investigated for groundwater contamination. The only groundwater 
investigations performed to date in the Training Range and Impact Area 
are as follows: investigation of a chemical spill/disposal area (CS-19) 
undertaken by the National Guard Bureau, and now the Air Force, as part 
of the overall MMR Installation Restoration Program (IRP); investigation 
of an artillery firing location (CS-18) south of the Impact Area; and 
sampling of wells near the perimeter of the Training Range and Impact 
Area as part of an effort to identify options for a long range drinking 
water supply for Cape Cod. 

34. In groundwater sampling performed in 1994 at CS-19 as part of 
the IRP within the Impact Area, RDX was detected in two wells at 
concentrations of 6 parts per billion (ppb) and 22 ppb. In 1995, RDX 
was detected in two wells at CS-19 at concentrations of 5.4 ppb and 19 
ppb. 

35. In 1997, RDX was reported to be detected in a well in the Impact 
Area near CS-19 at a concentration of .86 ppb. This sample was taken 
from a well considered upgradient of the known CS-19 area. Therefore, 
CS-19 may not be the only source of RDX contamination in the Impact 
Area.

36. In March, 1997, 16 ppb of RDX was reported to be detected at a 
depth of 135 feet in a well downgradient of CS-19.

37. In groundwater sampling performed in 1994 at CS-19, acetone was 
detected in groundwater at 17 ppb.

38. In groundwater sampling performed in 1995 at CS-19, 
2,4-dinitrotoluene (2,4-DNT) was reported to be detected in groundwater 
at an estimated level of 0.26 ppb. 

39. In groundwater sampling performed downgradient and outside of 
the Training Range and Impact Area in July 1996 by a consultant for the 
Air Force as part of the long-range water supply study for the area, 
trinitrotoluene (TNT) was reported to be detected in a well at a 
concentration of .27 ppb.

40. In groundwater sampling undertaken downgradient and outside of 
the Training Range and Impact Area as part of the long range water 
supply study, lead was detected in a well near the Impact Area at 17 
ppb. 

41. In soil sampling performed as part of the IRP in 1992, lead was 
detected in soils in the Impact Area at concentrations up to 1,830 parts 
per million (ppm). Other contaminants found in soils within the Impact 
Area include inorganic chemicals other than lead; volatile organic 
compounds; herbicides, dioxins, and furans; and explosive compounds.

42. As part of the IRP, sampling was conducted in 1994 at an 
artillery gun position at chemical spill area 18 (CS-18), south of the 
Impact Area. Also known as the Propellant Burning Area, the firing 
point at CS-18 was chosen as representative of conditions typical of 
firing points where artillery was fired and excess propellants were 
burned. At CS-18, 2,4-DNT was detected at levels as high as 17,000 ppb 
in soil samples. The levels of 2,4-DNT found in soils at CS-18 present 
a risk of leaching to groundwater and resulting in unacceptable levels 
of 2,4-DNT in groundwater. In addition, di-n-butylphthalate, an 
ingredient of artillery propellants, was found at concentrations of 
16,000 ppb in soil sampling undertaken at CS-18. 

43. In 1993, at Aberdeen Proving Ground Army Base in Maryland, the 
U.S. Army Environmental Hygiene Agency conducted a study of the effects 
of active firing range activities on environmental media. Soil samples 
taken from weapons firing points and down range impact areas in that 
study found detectable levels of 2,4-DNT and nitroglycerine at the 
weapons firing point (2.6 ppm of 2,4-DNT and 140 ppm of nitroglycerine), 
and as far as 50 feet down range from the firing point (.32 ppm of 
2,4-DNT and 29 ppm of nitroglycerine).

44. On February 27, 1997, EPA Region I issued an Administrative 
Order for Response Action to the National Guard Bureau pursuant to the 
authority of Section 1431 of the Safe Drinking Water Act (the "February 
27, 1997 Order"). The February 27, 1997 Order required the National 
Guard Bureau, among other things, to: (i) provide all information in 
its possession or control regarding known or potential contaminants on, 
near or emanating from the Impact Area and Training Range; (ii) prepare 
an accelerated work plan and schedule for a study to determine the 
effects on public health and the environment of past, present and future 
activities on or near the Training Range and Impact Area; and (iii) 
describe pollution prevention measures proposed to be undertaken by the 
National Guard Bureau; and (iv) to coordinate the work under the 
February 27, 1997 Order with a citizens advisory committee to be 
established by EPA. 

45. On March 11, 1997, the National Guard Bureau wrote to EPA Region 
I stating its intention to comply with the February 27, 1997 Order.

46. On March 14, 1997, the National Guard Bureau submitted to EPA 
proposed pollution prevention measures for the Training Ranges and 
Impact Area. On March 18, 1997, Major General Vezina of the 
Massachusetts National Guard announced the Massachusetts National 
Guard's intention to implement additional pollution prevention measures. 
 The pollution prevention measures proposed for the Training Ranges and 
Impact Area include:

 a. Suspension of firing at small arms ranges D, K, J, N 
O, P and U, and implementation of mitigation measures to remove lead 
from impact berms at these ranges;
 b. Suspension of all live mortar firing until the study 
required by the February 27, 1997 Order has been completed;
 c. Suspension of all live artillery firing and live 
firing at the small arms ranges until the study required by the February 
27, 1997 Order has been completed;
 d. Covering berms at small arms ranges with a 
water-impermeable material except when ranges are in use;
 e. Research and implementation of measures to remove 
lead in soils at small arms ranges;
 f. Research and implementation of use of non-toxic 
ammunition, and bullet traps or other capture devices. 

47. On March 18, 1997, the Massachusetts National Guard stated that 
it will continue to use plastic ammunition, artillery low-cost indirect 
training rounds, blank training rounds and pyrotechnics used in 
training, such as flares, smoke grenades and artillery simulators, at 
the MMR.

48. EPA Region I held a public meeting on March 20, 1997 to accept 
public comment on the scope and adequacy of items required under the 
February 27, 1997 Order, including the study to be conducted by the 
National Guard Bureau and the pollution prevention measures for the MMR 
proposed by the National Guard Bureau and the Massachusetts National 
Guard. EPA received comments from approximately 35 citizens. 

 VII. ENDANGERMENT AND RESPONSE

49. The detection of lead, RDX, DNT and TNT in groundwater samples 
from the Sagamore Lens, a part of the sole source aquifer underlying 
Cape Cod, demonstrates the release or threat of release of contaminants 
from the Training Range and Impact Area.

50. EPA has established lifetime health advisories for contaminants, 
which provide 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. 

51. The lifetime health advisory for RDX is 2 ppb. 

52. 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.

53. In its cancer classification system, EPA has classified RDX as a 
possible human carcinogen (Group C carcinogen).

54. The lifetime health advisory for TNT is 2 ppb.

55. Chronic exposure to TNT by humans has been associated with skin 
irritation and cataracts. Exposure to very high levels of TNT in the 
workplace have been associated with disorders of the blood and abnormal 
liver functions. 

56. 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. 

57. In its cancer classification system, EPA has classified TNT as a 
possible human carcinogen (Group C carcinogen).

58. Human exposure to 2,4 or 2,6-dinitrotoluene (DNT) in 
occupational settings, presumably via inhalation, may result in an 
increase in the death rate due to ischemic heart disease and has been 
associated with central nervous system effects and effects on blood.

59. In oral exposure to high levels of 2,4-DNT or 2,6-DNT, 
reproductive effects have been noted in animals. Oral exposure studies 
in animals have also revealed effects on the blood, nervous system, 
liver and kidney. Both 2,4-DNT and 2,6-DNT have been found to cause 
liver cancer in laboratory rats of both sexes. 2,4-DNT has been found 
to cause kidney tumors in male mice.

60. In its cancer classification system, EPA has classified the 
mixture of 2,4-DNT and 2,6-DNT as a probable human carcinogen (Group B2 
carcinogen). 

61. EPA has established a Drinking Water Equivalency Level (DWEL) to 
assess the non-carcinogenic potential for 2,4-DNT in adults. The DWEL 
for 2,4-DNT is 100 ppb and the DWEL for 2,6-DNT is 40 ppb.

62. EPA has established Maximum Contaminant Level Goals (MCLGs) for 
contaminants in drinking water, pursuant to Section 1412 of SDWA. MCLGs 
are set at levels at which no known or anticipated adverse health 
effects will occur. The MCLG for lead is zero. Further, for certain 
public drinking water supply systems, EPA has established 15 ppb as the 
level at which corrosion control systems must be established in order to 
reduce lead levels in drinking water. 

63. Lead is a reproductive hazard that can adversely affect the 
brain and central nervous system by causing encephalopathy and 
peripheral neuropathy. Lead exposure across a broad range of blood lead 
levels has been associated with a spectrum of pathophysiological 
effects, including interference with heme synthesis necessary for 
formation of red blood cells, anemia, kidney damage, impaired 
reproductive function, interference with vitamin D metabolism, impaired 
cognitive performance (as measured by IQ tests, performance in school 
and other means), delayed physical development, and elevations in blood 
pressure. 

64. Lead has the potential to bioaccumulate. This phenomenon occurs 
when the tissues of prey organisms (plant or animal) are passed into 
those of predators resulting in increased lead concentration levels 
orders of magnitude higher. Lead can accumulate in the tissues of many 
free-living wild animals, including birds, mammals, fishes and 
invertebrates such as worms and snails. Lead has been demonstrated to 
adversely affect bacteria and fungi on leaf surfaces and soil, many of 
which play key roles in the decomposer food chain.

65. EPA has established a Drinking Water Equivalency Level (DWEL) 
for dibutylphthalate to assess the non-carcinogenic potential in adults. 
 The DWEL for dibutylphthalate is 4 parts per million (ppm). 

66. In its cancer classification system, EPA has classified HCE as a 
possible human carcinogen (Group C carcinogen). 

67. The lifetime health advisory for diphenylamine is 200 ppb.

68. Acetone, dibutylphthalate, diethylphthalate, HCE, lead 
thiocyanate and nitroglycerine are listed at 40 C.F.R. § 302.4 as 
hazardous substances, pursuant to Section 102 of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA), 42 
U.S.C. § 9602.

69. The continued release of lead, RDX, TNT, and DNT, and any 
release of other solid waste, hazardous waste or contaminants from the 
Training Range and Impact Area, may present an imminent and substantial 
endangerment to the health of persons, and/or to the environment. 

70. The Work and pollution prevention actions specified in the SOW 
appended to this Order, will include, but not be limited to, the 
following: the implementation of the pollution prevention measures 
proposed by the National Guard Bureau and Massachusetts National Guard, 
as summarized above and as more fully described in Appendix A attached 
hereto; implementation of the additional pollution prevention and 
control measures as described in Appendix A; and ensuring adequate 
public involvement in all the Work undertaken pursuant to this Order.

This Work is necessary to prevent, minimize, and/or mitigate the threat 
of an imminent and substantial endangerment to health and/or the 
environment posed by the actual or potential releases of lead, RDX, TNT, 
DNT and other contaminants into the soils and groundwater at and 
emanating from the Training Range and Impact Area.

 VIII. CONCLUSIONS OF LAW

Based on the foregoing, EPA makes the following Conclusions of Law:

71. Respondent National Guard Bureau is a "person" as that term is 
defined in Section 1004(15) of RCRA, 42 U.S.C. § 6903(15), and as that 
term is defined in Section 1401(12) of the SDWA, 42 U.S.C. § 300f(12).

72. Respondent Massachusetts National Guard is a "person" as that 
term is defined in Section 1004(15) of RCRA, 42 U.S.C. § 6903(15), and 
as that term is defined in Section 1401(12) of the SDWA, 42 U.S.C. § 
300f(12).

73. The Training Range and Impact Area is a facility which handles, 
stores, treats, transports or disposes of solid wastes and/or hazardous 
wastes within the meaning of Section 7003 of RCRA, 42 U.S.C. § 6973. In 
particular, the leaking of contaminants from munitions into the ground 
and groundwater (which have migrated off-range) constitutes the disposal 
of a solid waste and/or hazardous waste.

 74. Respondents have contributed, and are contributing to the 
handling, storage, treatment, transportation or disposal of solid waste 
and/or hazardous wastes at the Facility, within the meaning of Section 
7003(a) of RCRA, 42 U.S.C. § 6973(a). 

75. The lead, RDX, DNT, TNT, and di-n-butylphthalate found in the 
soil and/or groundwater beneath and near the Training Range and Impact 
Area are "solid wastes", as that term is defined in Section 1