1October 12, 2016

EPA’s Position on MANG Request to Modify Prohibition on Firing of Lead Ammunition and Use of Pyrotechnics

Lynne Jennings, Section ChiefMassachusetts Superfund

Section

JBCC Public Information Meeting

Background on EPA’s Role

• In 1997, due to concerns about potential impacts to the sole source aquifer, EPA issued two Administrative Orders (AOs) under the Safe Drinking Water Act:

– Requiring the investigation of potential contamination – Limiting training activities including the use of explosives and

lead

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Background on EPA’s Role

• These AOs did contemplate that certain training activities could potentially resume in the future.

• To resume training with lead, the AOs required:– The completion of the investigations and necessary cleanup– The development of pollution prevention plan

• Once these activities were completed, the Mass National Guard could petition EPA to amend the AOs.

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EPA Response to Previous MANG Petitions for Lead Ammunition Training

• July 2007 – EPA provided Limited Authorization for Lead Ammunition Training at Tango Range under a pilot program

• January 2009 – EPA provided Limited Authorization for Lead Ammunition Training at Juliet and Kilo Ranges

Since then, EPA has approved Annual Extensions of the pilot program.

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EPA Response to Previous MANG Petitionsfor Pyrotechnic Use

• June 2012 response authorized the use of one pyrotechnic device, the M116A1 Hand Grenade

• May 2013 response authorized the use of the M69 Hand Grenade Simulator with M228 fuse

• April 2016 response authorized use of the Percussion Activated Neutralizer (PAN)

Current MANG Request

1.Modify the prohibition on “all firing of lead ammunition or other ‘live’ ammunition at small arms ranges

2.Modify the prohibition on “all use of pyrotechnics at or near the Training Ranges”

3.Terminate the pilot project at Tango, Juliet and Kilo Ranges

4.Approve the Pilot Period Final Report for Tango, Juliet and Kilo Ranges

5.Recognize the Commonwealth of Massachusetts Environmental Management Commission (EMC) as the oversight body for small arms range training and pyrotechnic use.

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EPA Proposed Findings:– Lead Ammunition Training

• Soil Cleanup has been completed at all Small Arms Ranges per the AOs.

• During the 9 yr pilot period, no Action Levels for soil have been exceeded at the active Tango, Juliet, or Kilo Ranges.

• Based on current data, the resumption of lead ammunition training at J, K and T Ranges under the controls established in the pilot has not led to lead contamination in groundwater.

• A long-term groundwater monitoring program has been implemented at nine small arms ranges to verify that these ranges are not a source of groundwater contamination.

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EPA Proposed Findings: – Pyrotechnic Use

Impacts from Pyrotechnic Use can be minimized with proper controls Limit the number Approved SOPs Pre-approval of chemical makeup and planned use.

• Limitations placed on the use of the M116A1 Hand Grenade, the M228 fuse used with the M69 Hand Grenade Simulator, and the PAN have been met

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EPA’s Proposed Findings - Cont’d

• Along with EPA and MassDEP, the EMC has successfully overseen small arms, pyrotechnic use, and training at Camp Edwards for 15 years. – The EMC is comprised of the Department of Fish and Game, the

Department of Environmental Protection and the Department of Conservation and Recreation.

– Its authority is derived from Massachusetts Chapter 47 of the Acts of 2002.

– The EMC oversees compliance with, and enforcement of, the Environmental Performance Standards (EPSs). EPSs are a set of standards specifically created through the Massachusetts Environmental Policy Act process to protect all environmental resources at Camp Edwards.

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EPA’s 10/5/16 Proposed Modification for Public Comment

Permit firing of lead ammunition at Juliet, Kilo, and Tango

Permit firing of lead ammunition or other "live" ammunition at other small arms ranges

Permit the use of pyrotechnics M116A1 Hand Grenade, the M228 fuse used with the M69 Hand Grenade, and the PAN

Permit the use of other pyrotechnics at or near the Training Range and Impact Area will not be excluded,

Provided each receives continued approval and oversight from EMC in accordance with the Environmental Performance Standards.

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EPA’s 10/15/16 Proposed Modification for Public Comment

Conditions placed on authorization:

1. Continued compliance with all conditions established by the EMC.

2. MANG requests and receives the funds necessary to ensure compliance with the approved Operations, Maintenance, and Monitoring Plans.

3. Does not extend to any other ammunition or training device. 4. Will not interfere with the completion of investigation and

cleanup activities.5. The decision will be reviewed as appropriate every five years.

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Next Steps

• Public Comment Period: October 6, 2016 – November 5, 2016• Written comments should be sent to:

– Mailed: Lynne JenningsUS EPA Region 15 Post Office Square - Suite 100Boston, MA 02109-3912

– Fax: (617) 918-0020– Email: Jennings.lynne@epa.gov

• MANG’s 31 August 2016 request, EPA’s 5 October 2016 proposed response, and supporting documentation can be found at:

www.epa.gov/superfund/otis

• EPA will issue a final response after receipt and review of public comments Anticipated December 2016/January 2017