EPA CEASE FIRE ORDER - Part 1

[Aimee Houghton <aimeeh@igc.org>]

As many of you know we have been following and posting information 
regarding issues surrounding the Massachusetts Military Range (MMR).

Below is the first of three parts of the Cease Fire Order issued by 
U.S. EPA Region 1.

I will post all thre parts seperately as they are long files.

Aimee Houghton
________________________________________

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 REGION I

________________________________________
 )
In the Matter of: ) U.S. EPA 
Region I
 )
Training Range and Impact Area, ) EPA Docket No.:
Massachusetts Military Reservation ) 
 ) SDWA I-97-1019
 ) 
 )
National Guard Bureau, ) 
 ) 
ADMINISTRATIVE ORDER
 Respondent ) FOR RESPONSE 
ACTION
 ) 
Proceeding Under 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..................................4

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

VII. ENDANGERMENT AND RESPONSE....................8

VIII. CONCLUSIONS OF LAW...........................10

IX. DETERMINATIONS...............................10

X. ORDER........................................11

XI. DESIGNATION OF SUPERVISING CONTRACTOR 
 AND PROJECT COORDINATOR......................11

XII. NOTICE OF INTENT TO COMPLY...................12

XIII. EPA TECHNICAL PROJECT COORDINATOR ...........13

XIV. WORK TO BE PERFORMED; 
 COMPLETION OF WORK...........................13

XV. SUBMISSIONS REQUIRING AGENCY APPROVAL
 AND RESPONDENT'S OBLIGATION TO PROCEED.......14

XVI. INCORPORATION AND ENFORCEABILITY OF
 DOCUMENTS....................................15

XVII. ACCESS.......................................15

XVIII. QUALITY ASSURANCE/SAMPLING ..................16

XIX. ACCESS TO INFORMATION; RECORD PRESERVATION;
 CONFIDENTIALITY CLAIMS.......................16

XX. CREATION OF DANGER; EMERGENCY RESPONSE.......17

XXI. AMENDMENTS ..................................18

XXII. OTHER APPLICABLE LAWS........................19

XXIII. ENFORCEMENT; PENALTIES FOR NONCOMPLIANCE.....19

XXIV. DISCLAIMER OF LIABILITY BY EPA...............19

XXV. NO RELEASE FROM LIABILITY....................19

XXVI. RESERVATION OF RIGHTS BY EPA.................19

XXVII. OPPORTUNITY TO CONFER........................20

XXVIII. EXCUSED DELAY-FORCE MAJEURE..................21

XXIX. EFFECTIVE DATE; COMPUTATION OF TIME..........22

XXX. ANTI-DEFICIENCY ACT..........................22

XXXI. SEVERABILITY.................................22

XXXII. TERMINATION..................................22

 I. JURISDICTION

1. This Administrative Order (Order) is issued to Respondent 
National Guard Bureau 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 9-17 (1200-TN-350) dated May 11, 1994.

 II. STATE COORDINATION

2. 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

3. This Order shall apply to and be binding upon the Respondent, 
and upon its affiliated organizations, agents, contractors, and 
consultants. 

 IV. PURPOSE

4. This Order compels the Respondent to conduct measures to abate 
the threat to public health presented by the past and present 
contamination from the Massachusetts Military Reservation (MMR) Training 
Range and Impact Area by performing the work described more fully in the 
attached Scope of Work (SOW) appended to this Order as Appendix A, and 
enforceable hereunder. 

 V. DEFINITIONS

5. All other terms, not otherwise defined herein, shall have their 
ordinary meanings unless defined in SDWA, in which case the SDWA 
definition shall control.

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

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

 "Order" shall mean this 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

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

7. The Massachusetts Military Reservation (MMR) is an approximately 
22,000 acre facility located on Cape Cod, in the townships of Bourne, 
Falmouth, Mashpee and Sandwich in Barnstable County, Massachusetts. 
Respondent's affiliated organization, the Massachusetts Army National 
Guard, conducts operations at MMR.

8. Approximately 14,000 acres of MMR constitutes the Training Range 
and Impact Area. For over forty years, military and law enforcement 
training has been conducted in the Training Range, including the Impact 
Area. This training has included the following:
 a. Small arms firing at several ranges in the Training 
Range and Impact Area involving the use of small caliber munitions;
 b. Artillery firing from gun and mortar locations in 
the Training Range into the Impact Area; and
 c. Detonation practice for explosives at two demolition 
ranges in or near the Training Range and Impact Area.

 9. Up to 1,770,000 small arms rounds are fired annually at the 
Training Range and Impact Area. 

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

11. In its artillery firing at MMR, munitions are used similar to 
those used in small arms training as well as explosive compounds. Up to 
3,181 rounds of artillery and mortar are fired annually at the Training 
Range and Impact Area.

12. High explosives used at MMR include trinitrotoluene (TNT) and 
Royal Demolition Explosive, hexahydro-1,3,5-trinitro-1,3,5-triazine 
(RDX). According to Respondent, 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.

13. One location for periodic detonation of explosives, including 
detonation of RDX and TNT, is 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. 

14. 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.

15. 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.

16. The Training Range and Impact Area lie directly over the Cape 
Cod Aquifer. The Training Range and Impact Area represent a major 
groundwater recharge area, located above what may be the apex of the 
aquifer. Groundwater flows radially in all directions from the Training 
Range and Impact Area. 

17. 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.

18. 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 already known to be emanating from 
MMR.

19. 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 (CS-19) undertaken by 
the National Guard Bureau, and now the Air Force, as part of the overall 
MMR Installation Restoration Program (IRP); and sampling of wells near 
the perimeter of the Training Range and Impact Area as part of efforts 
to identify a long range water supply for Cape Cod. 

20. In groundwater sampling undertaken as part of the IRP within the 
Impact Area in 1994, RDX was detected in two wells at concentrations of 
6 and 22 parts per billion (ppb).

21. In groundwater sampling undertaken as part of the IRP within the 
Impact Area in 1995, RDX was detected in two wells at concentrations of 
5.4 ppb and 19 ppb.

22. 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.

23. Groundwater sampling was performed downgradient and outside of 
the Training Range and Impact Area as part of the long range water 
supply investigation for Cape Cod. During such sampling, lead was 
detected in one well near the Impact Area at 17 ppb.

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

 VII. ENDANGERMENT AND RESPONSE

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

26. EPA's Office of Solid Waste and Emergency Response (OSWER) 
Directive 9850.3, Chemical, Physical & Biological Properties of 
Compounds Present at Hazardous Waste Sites, identifies the hazard 
criteria for chemical compounds typically found at hazardous waste 
sites. The hazard criteria identify the specific categories for which 
chemical compounds have demonstrated a toxic effect. The hazard 
criteria listed for lead in this Directive are: reproductive toxicity, 
teratogenicity, chronic toxicity, domestic animal toxicity, and 
environmental toxicity.

27. Teratogens and reproductive toxins are compounds that have 
suggestive evidence of an effect in humans or a clearly "positive" 
result in at least one study in whole animals. Unsupported in vitro 
evidence is considered sufficient to classify a chemical as a 
reproductive or teratogenic hazard.

28. Chronic toxins are compounds that produce serious irreversible 
effects, other than cancer or reproductive effects, after extended oral, 
dermal or inhalation exposures.

29. Domestic animal toxins are compounds that cause a demonstrated 
serious toxic effect that has been seen in the field. Oral doses of 
chemicals that cause reproductive toxicity, teratogenicity, or 
subchronic toxicity may also be included as domestic animal toxins. 

30. Environmental toxins are chemicals that are hazardous to either 
aquatic organisms or terrestrial wildlife.

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

32. Consumption of large amounts of RDX by humans has caused 
seizures, indicating that the nervous system is a primary target organ.

33. A 1984 Department of Defense study of female mice showed an 
increased incidence of liver tumors following chronic oral exposure to 
RDX.

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

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

36. 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. 

37. 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. 

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

39. Pursuant to Section 1412 of SDWA, EPA has established a Maximum 
Contaminant Level Goal (MCLG) of zero for lead in drinking water. MCLGs 
are set at levels at which no known or anticipated adverse health 
effects will occur. 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.

40. 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. 

41. The continued release of RDX, lead and TNT, and any release of 
other contaminants from the Training Range and Impact Area, may present 
an imminent and substantial endangerment to the health of persons. 

42. The Work specified in the SOW appended to this Order will 
include, but not be limited to, the following: providing EPA and the 
public with any and all information in Respondent's possession or 
control on known or potential contaminants in soil and groundwater on, 
near and emanating from the Training Range and Impact Area; providing to 
EPA and the public an accelerated schedule and work plan for completing 
an independent, comprehensive study of the effects on public health from 
past, present, and future activities on and near the Training Range and 
Impact Area; 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 the health of persons 
posed by the actual or potential releases of RDX, lead, TNT and other 
contaminants into the surface 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:

43. Respondent is a "person" as that term is defined in Section 
1401(12) of the SDWA, 42 U.S.C. § 300f(12).

44. The RDX, lead and TNT found in the groundwater beneath or near 
the Training Range and Impact Area are "contaminants", as that term is 
defined in Section 1401(6) of SDWA, 42 U.S.C. § 300f(6).

45. The RDX, lead and TNT found in the groundwater beneath or near 
the Training Range and Impact Area are present in or likely to enter the 
Cape Cod Aquifer.

46. The Cape Cod Aquifer is an "underground source of drinking 
water", as that term is defined in 40 C.F.R. Section 144.3.

 IX. DETERMINATIONS

 Based on the foregoing and the EPA Administrative Record for 
this Order, EPA has determined that:

47. The contaminants present in or likely to enter the underground 
source of drinking water may present an imminent and substantial 
endangerment to the health of persons, within the meaning of Section 
1431(a) of SDWA, 42 U.S.C. § 300i(a).

48. Respondent has caused or contributed to the endangerment 
described immediately above.

49. In accordance with the requirements of Section 1431 of the SDWA, 
EPA determines that the Commonwealth of Massachusetts and local 
authorities have not taken the actions necessary to protect the health 
of persons whose sole source of drinking water is the Cape Cod Aquifer 
(i.e. they have not ordered the steps required by this order).

50. The actions required by this Order are necessary to protect the 
health of persons who are or may be users of the Cape Cod Aquifer. 
Based on the endangerment described above, the response actions in this 
Order are necessary. The response actions will consist of Respondent's 
implementation of the Scope of Work appended to this Order. The Scope 
of Work is designed to prevent, minimize, and/or mitigate damage to the 
health which may otherwise result from the release or threat of release 
of contaminants.

 X. ORDER

51. 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 Respondent is ORDERED to perform 
all Work required under this Order. The Respondent shall comply with 
the following provisions and perform all actions required by the terms 
and conditions of this Order.

 XI. DESIGNATION OF SUPERVISING CONTRACTOR AND
 PROJECT COORDINATOR

52. Within seven (7) days after the effective date of this Order, 
the Respondent 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, the Respondent 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 shall 
also notify EPA of the identity and qualifications of any other 
contractor(s) or subcontractor(s) to be used at least seven (7) days in 
advance of their performing any work under this Order.

53. The supervising contractor shall be a qualified professional 
with substantial expertise and experience in the investigation and 
cleanup of hazardous waste sites and contaminated groundwater. 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 
indirectly by the Respondent to conduct work activities under this 
Order. If EPA disapproves the selection of any proposed contractor, the 
Respondent 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.

54. The Respondent 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 Respondent 
shall ensure that all such contractors, subcontractors, laboratories and 
consultants will perform all work in conformity with SDWA, and the terms 
and conditions of this Order and Scope of Work. Respondent shall 
nonetheless be responsible for ensuring that its contractors and 
subcontractors perform the Work in accordance with this Order. 

55. Within seven (7) days after the effective date of this Order, 
the Respondent shall designate a Project Coordinator who shall be 
responsible for administration of all of the Respondent's 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 Respondent.

 XII. NOTICE OF INTENT TO COMPLY

56. Respondent shall provide, within five (5) days after the 
effective date of this Order, written notice to EPA stating whether 
Respondent will comply with the terms of this Order. If Respondent does 
not unequivocally commit to perform the work required by this Order, 
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

57. 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. Within five days after the 
effective date of this Order, EPA will notify Respondent of the identity 
of EPA's Project Coordinator. All submissions required by this Order 
shall be sent to EPA's TPC at the following address:

 Attention: MMR Impact Area Technical Project 
Coordinator
 U.S. Environmental Protection Agency
 J.F.K. Federal Building
 Boston, MA 02203-2211

58. EPA's TPC shall have the authority to modify the Scope of Work 
in writing. Absence of the TPC from the MMR shall not be cause for 
stoppage of work by the Respondent unless specifically directed by the 
TPC.

 XIV. WORK TO BE PERFORMED; COMPLETION OF WORK

59. Immediately after retention of the supervising contractor, the 
Respondent shall commence the work detailed in the Scope of Work. All 
work performed by the Respondent shall be conducted in accordance with 
SDWA, 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.

60. Within forty-five (45) days after completing all work required 
under this Order, the Respondent shall submit for EPA approval a 
Completion of Work Report summarizing the activities conducted pursuant 
to the Scope of Work. The Completion of Work Report shall include the 
categories of information and conform to the requirements specified in 
the Scope of Work. The Completion of Work Report shall be certified by 
the supervising contractor, to the effect that all response activities 
have been completed in full satisfaction of the requirements of this 
Order.

61. When EPA deter-mines that all work has been fully performed in 
accordance with this Order, and that all goals and objectives of this 
Order and the Scope of Work have been satisfied, EPA will provide 
written notice to the Respondent. If EPA determines that all response 
activities have not been completed in accordance with the provisions of 
this Order, it will so notify the Respondent and provide a list of the 
tasks remaining and a schedule for their completion. The Respondent 
shall perform all remaining tasks and shall submit an amended Completion 
of Work Report in accordance with the EPA notice. If EPA determines 
that the remaining tasks have not been completed in accordance with the 
provisions of the EPA notice and this Order, the Respondent shall be in 
violation of this Order.

62. EPA's issuance of the notice referred to in the paragraph 
immediately above shall not preclude it from later determining, based 
upon new information or otherwise, that the Respondent has not completed 
all response activities in accordance with the provisions of this Order.

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

63. After review of any deliverable, plan, report or other item 
(submission) which the Respondent is required to submit for review and 
approval pursuant to this Order and Scope of Work, EPA may: (i) approve 
the submission; (ii) conditionally approve the submission with required 
modifications; (iii) disapprove the submission and notify the Respondent 
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 shall perform all actions required by the submission, as 
approved, conditionally approved, or modified by EPA.

64. Upon receipt of a notice of disapproval with deficiencies ((iii) 
above), the Respondent 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 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 shall be in violation of the 
Order.

65. For each submission provided to EPA, the Respondent 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 SDWA Docket No. 
I-97-1019) 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 necessarily 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.

 XVI. INCORPORATION AND ENFORCEABILITY OF DOCUMENTS

66. The Scope 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. ACCESS

67. To the extent Respondent owns, occupies, leases or controls 
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, it 
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.

68. To the extent access to, use or ownership of, or easements over 
property other than the MMR are required for the proper and complete 
implementation of this Order, the Respondent shall use its best efforts 
to obtain access agreements or other interests in the property, in 
writing, sufficient to allow implementation of this Order within 
twenty-one (21) 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.

69. 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 at all times for purposes 
of implementing and monitoring work under this Order. Such written 
access agreements or other interests shall specify that the Respondent 
is not EPA's representative or agent with respect to liability 
associated with the MMR.

70. In the event that 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 Respondent 
shall notify EPA in writing within three (3) days thereafter regarding 
the lack of such agree-ments and the efforts made by the Respondent to 
obtain them. Lack of access shall not excuse or justify failure to 
perform any activity or to meet any deadline