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R6-R7 Mou and Watershed Strategy Document

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R6-R7 Mou and Watershed Strategy Document MEMORANDUM OF UNDERSTANDING BETWEEN U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 6 SUPERFUND DIVISION AND U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 7 SUPERFUND DIVISION PERTAINING TO REMEDIATION OF THE WATERSHED AREAS IN THE TRI-STATE MINING DISTRICT IN OKLAHOMA, KANSAS AND MISSOURI This Memorandum of Understanding (“MOU”) is entered into by and between the U.S. Environmental Protection Agency (“EPA”) Region 6 Superfund Division (“R6SF”) and the U.S. Environmental Protection Agency Region 7 Superfund Division (“R7SF”). This MOU is intended to help coordinate R6SF and R7SF investigation and remediation of the watershed areas in the Tri-State Mining District which includes parts of Ottawa County in Oklahoma, Cherokee County in Kansas, and Jasper and Newton Counties in Missouri. I. RECITALS Whereas under 40 CFR § 1.5, R6SF is responsible for the execution of the EPA Superfund program in Oklahoma; Whereas under 40 CFR § 1.5, R7SF is responsible for the execution of the EPA Superfund program in Kansas and Missouri; Whereas R6SF and R7SF are responsible for the execution of States, Tribes/Nations, Public and Community participation and relations activities in accordance with the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) and the Comprehensive, Environmental, Response, Compensation, and Liability Act. Whereas historic mining operations in the Upper and Lower Spring River and the Neosho River basins (hereinafter the watershed areas) have caused the release of contaminants of concern which may pose a risk to human health and welfare and to the environment; Whereas R6SF and R7SF are coordinating a Remedial Investigation (RI) to determine the nature and extent of the release of hazardous substances in the watershed areas, including sampling and monitoring, as necessary, and including the gathering of sufficient information to determine the potential risks to human health and the environment to support the evaluation of remedial alternatives and subsequent remedial actions; Whereas R6SF and R7SF are coordinating, concurrently and in an interactive fashion with the RI, the undertaking of a Feasibility Study (FS), to develop and evaluate options for remedial action in the watershed areas, emphasizing data analysis; Whereas the watershed areas cross the boundaries between Region 6 and Region 7 such that a complete RI/FS of each of these watershed areas must necessarily include sampling, monitoring and data gathering in both Region 6 and Region 7; Whereas R6SF and R7SF want to avoid duplicating efforts, to combine resources, and to realize economies of scale and execute appropriate Superfund decision documents consistent with their delegated authority; Whereas R6SF and R7SF want to develop a comprehensive and joint process to develop remedial alternatives, proposed plans and decision documents that account for and respect these large watershed areas that cross regional boundaries; and MOU between EPA Regions 6 and 7 Superfund Divisions Page 1 of 4 Remediation of the Watershed Areas in the Tri-State Mining Final District in Oklahoma, Kansas And Missouri Whereas R6SF and R7SF want to establish this coordinated approach to remedy selection to promote design and remedy consistency across the watersheds and support the “One EPA” cohesive message to present to and coordinate with States, Tribes/Nations, other Federal Agencies, Local Agencies, communities, and interested Non-Governmental Organizations (NGOs); Now, therefore, in light of the foregoing recitals, R6SF and R7SF intend to work cooperatively to carry out this MOU as follows: II. CONDITIONS A. Parties The Parties to this agreement are the Superfund Division Director Region 6 (R6SFDD) and the Superfund Division Director Region 7 (R7SFDD). B. Effective date This MOU is effective upon execution on behalf of both Parties. C. Term This MOU continues in effect until terminated by either of the Parties. D. Termination Termination of the MOU by a Party. A Party may terminate this MOU without cause by giving at least thirty days’ written notice to the other Party. If not terminated sooner, this agreement will end upon completion of selected remedial actions. E. Amendment This MOU may not be amended, changed, modified, or altered except by written amendment executed on behalf of both Parties. The Strategy for Tri-State Mining District (TSMD) Watershed Planning described infra section IV may be amended by agreement of the Remedial Project Managers and Remedial Managers for Region 6 and Region 7. F. Notice Notices provided pursuant to this MOU shall be deemed to have been given when delivered by email to a Party. G. Authority Notwithstanding any provisions of this MOU, the Parties retain all delegated CERCLA authority within their respective Regions. No provision of this MOU provides authority to either Party outside of the Party’s Region. MOU between EPA Regions 6 and 7 Superfund Divisions Page 2 of 4 Remediation of the Watershed Areas in the Tri-State Mining Final District in Oklahoma, Kansas And Missouri H. Cooperation The Parties and the employees of their respective divisions intend to cooperate fully with each other and act reasonably, in good faith, and in a timely manner in all activities subject to this MOU, so that Superfund response actions in the watershed areas may be completed expeditiously for the benefit of human health, welfare and the environment in the watershed areas. The Parties and the employees of their respective Regions intend to consult with and assist each other in good faith and without delay as to all matters which require their cooperation. I. Enforceability Nothing in this MOU is intended to either create any right in or grant any cause of action to any person not a Party to this MOU or to release or waive any claim, cause of action, demand, or defense in law or equity that any Party to this MOU may have against any person(s) or entity that is or is not a party to this MOU. III. TERMS A. The Remedial Investigation Report and Feasibility Study Report are to be approved by both Parties (with the exception of the Upper Spring River) The Parties and their employees agree to work together to develop a single RI/FS report for the watershed areas in both Region 6 and Region 7. The Sites consist of two major watersheds including the Lower Spring River and Neosho River, see the attached map. The remedial alternatives developed for the Region 6 parts of the watershed areas (i.e., the parts of the watershed areas in Oklahoma) and the remedial alternatives developed for the Region 7 parts of the watershed (i.e., the parts of the watershed areas in Kansas and Missouri) are to be complementary. See Section IV below and the attached Strategy for Tri- State Mining District (TSMD) Watershed Planning. In addition, this work will be consistent and complementary, to the extent practicable, with work conducted by R7SF in the Upper Spring River watershed that lies upgradient of the Lower Spring River and Neosho River watersheds, see the attached map. B. Both Parties will approve the Joint Watershed ROD. The R7SFDD will approve the Upper Spring River Watershed ROD, in coordination with R6SF. The Parties and their employees agree to work together to develop a single Record of Decision (ROD) that will address contamination in the joint watershed areas (i.e., the watershed areas that traverse parts of both Region 6 and Region 7) in Oklahoma, Kansas and Missouri. The single ROD for the joint watershed areas in Oklahoma, Kansas and Missouri (the “Joint Watershed ROD”) will be developed by both R6SF and R7SF and approved by both Parties. In addition to the joint watershed ROD, R7SF will develop and the R7SFDD will approve, in coordination with R6SF to the extent practicable, another separate ROD for the Upper Spring River Watershed, which is the part of the Spring River Watershed above the Empire Lake Dam (the “Upper Spring River Watershed ROD”). R7SF will coordinate with R6SF to ensure that the Upper Spring River Watershed ROD is consistent with the Joint Watershed ROD to the extent practicable. In short, the Parties agree that there will be two RODs, as specified in the following bulleted paragraphs: ROD #1—the Joint Watershed ROD: The Joint Watershed ROD will include Cherokee County Site OU2, Oronogo-Duenweg Mining Belt Site OU5 (Lower Spring River Watershed), Cherokee County Site OU9 and Tar Creek Site OU5 (Lower Spring River and Neosho River Watershed). MOU between EPA Regions 6 and 7 Superfund Divisions Page 3 of 4 Remediation of the Watershed Areas in the Tri-State Mining Final District in Oklahoma, Kansas And Missouri Lower Spring River Watershed means the Spring River Watershed below the Empire Lake Dam. The Joint Watershed ROD will be developed by R6SF and R7SF working together, and the Joint Watershed ROD will be approved by both the R6SFDD and the R7SFDD. • ROD #2-the Upper Spring River Watershed ROD: The Upper Spring River Watershed ROD will include Cherokee County Site OU2 and Oronogo-Duenweg Mining Belt Site OUS (Upper Spring River Watershed). The Upper Spring River Watershed includes the Spring River Watershed above Empire Lake Dam. The Upper Spring River Watershed ROD will be developed by R7SF in coordination with R6SF and consistent with the Joint Watershed ROD to the extent practicable. The Upper Spring River Watershed ROD will b~ approved by the R7SFDD. IV. Strategy for Tri-State Mining District (TSMD) Watershed Planning The attached Strategy for Tri-State Mining District (TSMD) Watershed Planning document (strategy) was developed under the purview of the Remedial Project Managers (RPM) and Remedial Managers from R6SF and R7SF. This strategy may be amended at any time during the term of this MOU by written agreement of the RPMs and Remedial Managers. The purpose of the strategy is to describe the tasks to be performed by R6SF and by R7SF towards completion of the RI/FS, and ultimately the Joint Watershed ROD and the Upper Spring River Watershed ROD.
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