SEP 7 2:1~ 


MEMORANDUM OF UNDERSTANDING 
Among 
Department of Homeland Security's Federal 
Emergency Management Agency, Environmental 
Protection Agency and U.S. Army Corps of Engineers 
For 
Contaminated Debris Management 


I. INTRODUCTION 
A. Parties: The Parties to this Memorandum ofUnderstanding (MOU) are the 
Department of Homeland Security's Federal Emergency Management Agency 
(DHSIFEMA), the U.S. Environmental Protection Agency (EPA), and the U.S. Army 
Corps of Engineers (USACE). 
B. The National Response Framework (NRF) currently addresses the contaminated debris 
mission through both Emergency Support Function 3 -Public Works and Engineering 
(ESF-3) and Emergency Support Function 10 -Oil and Hazardous Materials (ESF-I0). 
The language in the ESF-3 Annex to the NRF states that the contaminated debris mission 
will be ajoint effort among ESF-3, ESF-I0 and DHSIFEMA. The scope of work 
outlined below is for contaminated debris missions as opposed to "ordinary" debris 
missions. The Parties recognize that successful response and recovery from a 
contaminated debris event will require the collaborative and coordinated efforts of all 
three agencies. 
C. For the purposes ofthis MOU, "contaminated debris" means debris that is generated 
from a blast or explosion associated with a chemical, biological, radiological or nuclear 
(CBRN) threat agent. 
II. PURPOSE 
A. This MOU is intended to more clearly define the leadership and support roles and 
responsibilities ofthe Parties engaged in the contaminated debris mission and ensure that 
the mission is properly managed and coordinated through the mission assignment 
process. Included in this effort are prompt advance and collaborative preparedness and 
planning activities for the Parties based on the roles agreed to herein. 
B. This MOU will clarify and further explain the specific roles and responsibilities ofthe 
lead agencies for the Emergency Support Functions (ESFs) listed in the Annexes to the 

NRF, and provide guidance to the Parties regarding the development and assignment of 
contaminated debris management missions under the Stafford Act. 

III. SCOPE 
A. The scope ofthis MOD is contaminated debris incidents that are major disasters or 
emergencies declared by the President under the authority of the Stafford Act. 
B. The scope ofthis MOD is intended to outline roles and responsibilities ofthe Parties 
to manage contaminated debris that is generated from a blast or explosion associated 
with a chemical, biological, radiological or nuclear (CBRN) threat agent, resulting in a 
contaminated debris field. Examples ofincidents that are expected to generate such a 
contaminated debris field include a radiological dispersal device, improvised nuclear 
device, and an explosion involving a chemical or biological weapon. 
C. Contamination that is generated from other types of oil, hazardous material and nonexplosive 
CBRN incidents (e.g., anthrax) is managed by ESF-10 and is outside the scope 
of this MOU. Further, this MOD will not address "ordinary" debris, such as general 
construction debris that is generated by a man-made or natural disaster, even if it contains 
hazardous materials inherent to building construction (e.g., asbestos, paint). Such debris 
may be created by an explosion or blast, such as an improvised explosive device, that is 
not associated with a CBRN weapon. This type of debris mission is led by ESF-3, and 
supported by ESF-10 as outlined in the ESF-3 Annex to the NRF. 
D. This MOU does not supplement or alter the Parties' legal, statutory or regulatory 
authorities to respond to and manage the release or threat of release ofhazardous 
substances, pollutants or contaminants into the environment during non-Stafford Act 
events. 
IV. LEGAL AUTHORITIES 
A. Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 
§§5170a, 5170b, and 5192, as amended; 
B. Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA), 42 U.S.C. §9601, et seq.; 
C. National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR 
300, et seq.; and 
D. Antideficiency Act, 31 U.S.C. §§1341 and 1342. 
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v. ROLES AND RESPONSIBILITIES 
The ESF-3 Annex to the NRF states that the management of contaminated debris will be 
a joint effort among ESF-3, ESF-IO and DHSfFEMA. Given the complexity of the 
contaminated debris mission, it is necessary to clearly define lead and support agency 
roles to ensure that each agency involved is adequately prepared to perform their roles 
and responsibilities under this MOU. In an effort to simplify and align statutory 
authorities, technical expertise, capabilities, and resources, and to streamline 
administrative processes (i.e., mission assignment tasking and funding streams), the 
Parties expect to have the following roles and responsibilities for the contaminated debris 
mission. The Parties further intend to engage in a cooperative and collaborative effort 
across all contaminated debris mission areas. 

A. Lead Agency Roles and Responsibilities 
I. ESF -10 -Oil and Hazardous Materials 
EPA is the lead agency for ESF-IO with responsibility for hazardous materials and oil 
response activities, including the coordination and management of contaminated debris. 
These activities may include: 

a. Actions to prevent, minimize, or mitigate the release of oil or hazardous 
materials; 
b. Actions to detect and assess the extent of contamination; 
c. Actions to stabilize the release of oil or hazardous materials and prevent 
the spread of contamination; 
d. Analysis and implementation of options and cleanup decisions for the 
protection of public health and the environment, including 
decontamination of contaminated structures; and 
e. Managing waste storage, treatment, transportation and disposal. 
DHSIFEMA expects to issue a mission assignment(s) to ESF-IO for these contaminated 

debris tasks. ESF -10 may assign sub-tasks to support agencies, such as USACE, for 

activities listed in Section V.B.2 of this MOU. 

EPA intends to act consistent with existing statutory and regulatory authorities that apply 
to contaminated debris, including the authorities given to the Federal On-Scene 
Coordinator (FOSC) under applicable sections ofCERCLA and the NCP. CERCLA is 
one of the statutes that provides EPA with authorities to respond to the release or threat of 
release of hazardous substances, pollutants, or contaminants into the environment. The 
scope of hazardous substances, pollutants or contaminants includes chemical, biological 
or radiological substances whether released accidentally or intentionally. The NCP is the 

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Federal regulation that provides the framework for EPA and the U.S. Coast Guard to 
manage response actions. These authorities would apply to contamination in the debris 
zone and outside the debris zone of a contaminated debris incident and may be exercised 
by EPA. These authorities also include the ability for EPA to monitor others who 
perform actions to mitigate releases of hazardous materials. EPA plans to integrate and 
manage the contaminated debris mission in support of its overall hazardous materials 
response effort under ESF -10. 

2. ESF-3 -Public Works and Engineering 
USACE is the lead agency for ESF-3, with responsibility for the following contaminated 
debris management activities: 

a. Emergency Clearing: ESF-3 -Public Works and Engineering expects 
to be the primary ESF for clearing contaminated debris from roads and 
other infrastructure during the emergency phase to facilitate life saving 
and other emergency response activities. The scope of this action is 
expected be limited to moving the contaminated debris to create safe 
egress and ingress corridors for emergency personnel and/or the public. 
b. Structural Instability: ESF-3 expects to take actions to evaluate 
structural instability threats posed by damaged infrastructure. This 
infrastructure may be contaminated with CBRN agents. ESF-3 may 
employ temporary stabilization measures or take other actions as 
necessary to address structural instability concerns. 
c. Demolition: ESF-3 expects to perform demolitions after a 
determination is made that a building is unstable and creates an imminent 
hazard to workers and/or after ESF-lO, in conjunction with other 
appropriate federal, state and local authorities, makes a determination that 
contaminated buildings or infrastructure cannot be decontaminated, and 
that demolition is the desired clean up approach. ESF-3 should perform 
demolitions in consultation with DHSIFEMA and EPA. 
Mission assignments for the tasks listed above are expected to be issued to ESF-3. These 
activities should be conducted in coordination with DHSIFEMA, EPA and ESF-lO. ESF3 
may assign subtasks to support agencies, such as EPA, for activities listed in Section 

V.B.l of this MOU. 
B. Support Agency Roles and Responsibilities 
The contaminated debris mission calls for the synthesis oftechnical and management 

experience, expertise and capabilities of both EPA and USACE, as well as other support 

agencies. EPA serves as a support agency to ESF-3, and USACE serves as a support 

agency to ESF-lO. The Parties acknowledge that during a contaminated debris incident, 

some activities may be sub-tasked from the ESF lead agency to a support agency, 

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pursuant to an ESF Mission Assignment Sub-tasking Request Form or similar document 
containing the same information. To facilitate the planning and preparedness efforts of 
the Parties, a discussion of the support roles and possible sub-tasking assignments are 
outlined below for EPA and USACE. Although EPA may sub-mission assign to USACE 
the tasks identified in Section V.B.2 below, the decisions on which sub-tasks will be 
issued may be based on the type of CBRN agent involved,the size and scale of the 
incident, the amount and kind of debris generated and whether the lead ESF has the 
expertise, capability and resources to adequately manage the mission without support 
agency involvement. 

1. Environmental Protection Agency 
ESF-3 may sub-task activities to EPA that may include, but are not limited to, the 
following: 

a. Provide technical assistance during the assessment and stabilization of 
damaged and potentially contaminated infrastructure; 
b. Provide technical assistance and consultation on demolition strategies. 
2. U.S. Army Corps of Engineers 
ESF-10 may sub-task activities to USACE that may include, but are not limited to, the 
following: 

a. 
Storm Water Management: Control and management of 
contaminated runoff and/or wastewater; 
b. 
Contaminated Debris Characterization: Sampling and analysis of 
contaminated debris for waste characterization; 
c. 
Contaminated Debris Removal and Staging: Removal of 
contaminated debris from the blast zone to a staging site; 
d. 
Contaminated Debris Treatment. Transportation, and Disposal: 
Treatment, transportation and disposal ofcontaminated debris; and 
e. 
Contaminated Soil: Removal of highly contaminated soils under 
the debris zone to reduce potential exposure or continued impact to 
the subsurface. 
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VI. COORDINATION PROCEDURES 
A. Management of a contaminated debris mission calls for close coordination and 
collaboration among EPA, USACE and DHSIFEMA, as well as other Federal, state and 
local agencies. This coordination is expected to occur in two phases. The first phase 
consists of interagency planning and preparedness activities prior to an event. The 
second phase consists of interagency coordination ofresponse and recovery activities 
during an event. 
B. Coordination during the pre-event phase is expected to be accomplished through the 
Emergency Support Function Leaders Group (ESFLG). ESF leaders plan to assign staff 
to work on contaminated debris issues and develop integrated plans and procedures for 
the contaminated debris mission. 
C. Coordination during an actual contaminated debris event is expected to occur at the 
field, regional and national level. Field, regional and national coordination procedures 
may be outlined further in a Pre-Scripted Mission Assignment(s), Standard Operating 
Procedure, contaminated debris planning documents, or coordination documents. These 
documents are expected to incorporate the roles and responsibilities outlined in this 
MOU. Field coordination is expected to be consistent with the National Incident 
Management System (NIMS) and the Incident Command System. Such field 
coordination may involve the co-location of US ACE and EPA response infrastructure 
within an Incident Command Post, and the exchange of Liaison Officers (LOs) and 
Technical Specialists (TS) at the Incident Command Post, Recovery and Area Field 
Offices, and Joint Field Office levels. In addition, further coordination ofthe 
contaminated debris mission is expected to occur through the establishment of a 
Contaminated Debris Task Force (CDTF) within the JFO during an actual incident. 
When activated, the CDTF provides technical and management advisory support to the 
Federal Coordinating Officer and the JFO leadership. National level coordination is 
expected to occur through the ESFLG and the senior agency officials or LOs assigned to 
the JFO or National Response Coordination Center. 
VII. POINTS OF CONTACT 
The following are the points of contact for each Party: 

Ed Hecker 
Chief, Homeland Security Office 

U.S. Army Corps of Engineers 
(202) 761-4601 
Dana S. Tulis 
Acting Director, Office of Emergency Management 

U.S. Environmental Protection Agency 
(202) 564-8600 
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James Walke 
Director, Public Assistance Division 
Federal Emergency Management Agency 

U.S. Department of Homeland Security 
(202) 646-2751 
VIII. FUNDING AND RESOURCES 
As required by the Antideficiency Act, 31 U.S.C. 1341 and 1342, all commitments made 
by EPA, DHSIFEMA, and USACE in this MOO are subject to the availability of 
appropriated funds and budget priorities. Nothing in this MOU, in and of itself, obligates 
EPA, DHSIFEMA or USACE to expend appropriations or to enter into any contract, 
assistance agreement, interagency agreement, or incur other financial obligations. Any 
transaction involving transfers of funds between the parties to this MOU will be handled 
in accordance with applicable laws, regulations, and procedures under separate written 
agreements. 

IX. NO PRIVATE RIGHT OF ACTION 
This MOU does not create any right or benefit, substantive or procedural, enforceable by 
law or equity, by persons who are not party to this agreement, against EPA, DHSIFEMA 
or USACE, their officers or employees, or any other person. This MOU does not direct 

or apply to any person outside of EPA, DHSIFEMA and USACE. 

X. EFFECTIVE DATE 
The term of this MOU is effective upon signature by all Parties. 

XI. MODIFICATION 
This MOU may be modified upon the mutual written consent of the Parties. 

XII. TERMINATION 
The terms of this MOO, as modified with the consent of all Parties, will remain in effect 

until terminated. Any Party may, upon 60 days written notice to the other Parties, 

terminate their involvement in this MOO. 

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XIII. SIGNATURES 
Merdith W.B. Temple 

Major General, U.S. Army 

Deputy Commanding General 

U.S. Army Corps of Engineers 
Mathy St islaus 
Assistant Administrator 
Office of Solid Waste and Emergency Response 

U.S. Environmental Protection Agency 
Assistant Administrator 
Disaster Assistance Directorate 
Federal Emergency Management Agency 

U.S. Department of Homeland Security 
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