# Presentation: 107125

## ENVIRONMENTAL, ENERGY, AND SAFETY DIVISION, ANS-500

**ENVIRONMENTAL, ENERGY, ****AND SAFETY DIVISION, ANS-500**

**FAA LIFE CYCLE ACQUISITION MANAGEMENT**
**SYSTEM TRAINING FORUM**
**HAZARDOUS MATERIALS DISPOSITION OVERVIEW **
**PRESENTED BY:  ROBERT RAMS, ANS-500**
**August 10-11, 1999**

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## Introduction 

- ANS-500
- Environmental, Energy, and Safety Division
- Provides support and guidance to Airway Facilities to ensure FAA complies with all applicable federal, state, and local regulations for environmental compliance and occupational safety and health.
- National program manager for employee safety, environmental compliance, fuel storage tank replacement, and environmental clean-up program

## Why is Hazardous Materials Disposition an Issue

- There are numerous federal and state regulations governing the shipping, handling, and disposal of hazardous materials and hazardous waste
- Failure to comply with these regulations can lead to fines, penalties, and other regulatory actions
- As per the Federal Facilities Compliance Act of 1992, states and local authorities may fine and/or penalize federal officials for not complying with state and local environmental requirements

## Why is Hazardous Materials Disposition an Issue? (Cont.) 

- FAA equipment may contain numerous parts which contain hazardous materials such as:
- PCB capacitors and transformers
- Lead/acid, nickel/cadmium, and lithium batteries
- Beryllium heat sinks
- Cathode Ray Tube (CRT) displays containing lead and mercury
- Printed Circuit Boards (lead)
- Mercury switches and lights
- Lead and cadmium paint
- Asbestos
- Improper disposal of equipment containing hazardous materials would expose the FAA to liability in terms of regulatory actions and lawsuits (e.g. fines, penalties, and cleanup of waste sites)

## AMS Requirements for Disposition of Obsolete Products

- AMS policy
- Integrated Product Teams are responsible** **for planning, removing, and disposing of fielded products or services when they are no longer needed (AMS Policy   Section 2.8)
- The cost of removal and restoration is factored into the lifecycle cost of a candidate solution during investment analysis (AMS Policy Section 2.4.2)
- Funding for removal of obsolete products or services must be included in the Acquisition Program Baseline of the solution selected for implementation at the investment decision (AMS Policy Section 2.8)

## ANS-500’s Role and Initiatives

- ANS-500 can provide technical assistance to IPTs in the identification of hazardous materials in systems designated for disposition
- ANS-500 has provided technical assistance regarding the presence of hazardous materials and their disposition to the following program offices:
- AUA-200 (CDC/DCCR equipment)
- AUA-200 (HOST replacement)
- AND-400 (ASR-7/8)
- ARN-200 (ICSS)
- AUA-420 (M1 Full Capacity Control Panel)
- ARU-200 (ARTS-II/ARTSIII/DBRITE)
- AND-450 (ATCBI-4 and -5)
- ANS-500 has added guidance to the FAST Toolset regarding hazardous materials disposition

## ENVIRONMENTAL, ENERGY, AND SAFETY DIVISION, ANS-500

**FAA LIFE CYCLE ACQUISITION MANAGEMENT**
**SYSTEM TRAINING FORUM**
**HAZARDOUS MATERIALS DISPOSITION **
**REGULATORY DRIVERS AND REGIONAL PERSPECTIVE**
**PRESENTED BY:  SHARON PERKINS, ASO-470**
**August 10-11, 1999**

**ENVIRONMENTAL, ENERGY, ****AND SAFETY DIVISION, ANS-500**

**Notes:**
  Hi, I’m Sharon Perkins, currently on detail here in headquarters at ANS-500 on the Compliance Team.  My background is environmental compliance.
  In my permanent assignment I’m the Regional Environmental Compliance Manager in the Airway Facilities Division at the Southern Region.  My job there is  to provide technical assistance and advice to the field offices.
In the last couple of years we’ve seen a significant increase in the number of facilities and systems that are being commissioned and there has been some focus on disposing of abandoned sites.
We are starting to see a more planned and proactive approach, but until recently my experience has been that the disposal of facilities  and equipment is left to the local field office.
As noted by our presence on this program you are looking into the future to better address disposal issues.
I plan to discuss the regulatory drivers that govern the disposal of hazardous materials and give you some examples of situations I’ve faced in the Region.

## Regulatory Drivers

- Federal regulations:
- Resource Conservation and Recovery Act (RCRA)
- Comprehensive Environmental Response, Compensation, and Liability  Act (CERCLA or Superfund)
- Superfund Reauthorization Act (SARA)
- National Environmental Policy Act (NEPA)
- Toxic Substance Control Act (TSCA)
- Federal Facilities Compliance Act of 1992 (FFCA)
- Community Environmental Response Facilitation Act (CERFA)
- DOT Shipping Regulations - Hazardous Materials Regulation
- OSHA Regulations (HAZCOM)

**Notes:**
There are several reasons we need to address property disposal and it’s potential impact on the environment.  The most obvious are the federal regulations.  Here is a list of pertinent regulations from EPA, OSHA, and DOT.
RCRA regulates the disposal of all solid waste (haz and non-haz), it defines what is a hazardous, and regulates hazardous waste treatment, storage, and disposal.  It is important to note that if a haz waste is recycled it is exempt from RCRA requirements.  For the FAA disposal of electronic equipment containing hazardous materials (i.e., lead solder, lead based paint, beryllium, other metals) is covered by RCRA.
CERCLA established rules for abandoned property and the transfer of contaminated property.  It also established the “Superfund” program, and gives the Federal government the right to force clean-up actions.  It also provides rules for liability and cost recovery for clean-up actions
SARA established EPA’s fed facility docket and pertains to federal cleanups
NEPA requires fed agencies to identify and evaluate potential env impacts
TSCA established rqmt for life-cycle management of PCBs, also covers lead
FFCA requires fed agencies to comply with RCRA
CERFA governs transfer of fed property to the public sector

## Regulatory Drivers (Cont.)

- State regulations
- Vary state to state
- Often mirror federal regulations
- Can be more stringent than federal regulations
- Local regulations
- County/city ordinance
- Landfill permits
- Well head protection areas
- Wetlands regulations
- Tribal
- Land protections
- Can be more stringent than federal regulations

**Notes:**
In addition to the federal requirements, there are state and local regulations that can be more stringent.

There are Executive Orders that require federal agencies to comply with federal, state, and local regulations. 

## FAA Orders

- FAA orders apply to both real and personal property
- FAA general orders
- 4660.8, Real Property Management and Disposal
- 4800.2C, Utilization and Disposal of Excess and Surplus Personal Property
- 1050.10C, Prevention, Control, and Abatement of Environmental Pollution at Federal Facilities
- 1050.17, Airway Facilities Environmental and safety Compliance Program
- 1050.19,  Environmental Due Diligence Audits in the Conduct of FAA Real Property Transactions

**Notes:**
FAA orders further define the requirements and establish agency policy in this area
FAA Order 1050.10C was developed to comply with all applicable pollution standards and statues as specified in the Executive Order 12088 - Federal Compliance with Pollution Control Standards.
FAA Order 1050.17 implements the requirements of Order 1050.10. It identifies those provisions of Federal environmental laws (OSHA, RCRA, CERCLA, e.g.) that are pertinent to many AF facilities, and provides general familiarity with and a basic understanding of potentially applicable requirements.   Other LOB may have their own orders.

## FAA Orders (Cont.)

- FAA material-specific orders
- 4800.7, Recovery and Utilization of Precious Metals
- 1050.14A, Polychlorinated Biphenyls in the National Airspace System
- 1050.15A, Fuel Storage Tanks at FAA Facilities
- 1050.18, Chloroflurocarbons and Halon Use at FAA Facilities
- 1050.20, Airway Facilities Asbestos Control

## Personal Property

- Any property except real property (e.g., buildings, land)
- Electronics/telecommunications equipment
- May contain lead, PCBs, beryllium
- Disposition guidance contained in FAA Order 4800.2C
- Disposition preference:
- Reuse
- Sale
- Donation
- Disposal

**Notes:**
When we are discussing issues concern property disposal it’s important to clarify what type of property we’re dealing with.

## Real Property

- Buildings may contain:
- PCB ballast
- Asbestos
- Lead based paint
- Lead piping
- Mercury
- Land may contain:
- USTs and ASTs
- Fuels (gasoline, diesel, jet fuel, etc..)
- Pesticides
- PCBs
- Lead
- Containers of chemicals
- Disposal guidance provided in FAA Order 4660.8, Real Property Management and Disposal

**Notes:**
These are the hazards typically associated with real property

## Environmental Due Diligence Audits (EDDAs)

- Multiple levels (Phase I, Phase II, Phase III)
- What is the purpose of Phase I EDDA?
- Identify potential sources of hazardous waste contamination
- Protect FAA from liability from past, present and future use under CERCLA
- When is a Phase I EDDA performed?
- Before any type of acquisition, disposal, or outlease/outgrant of real property
- What does a Phase I EDDA include:
- Site inspection
- Site records search
- Personal interviews
- If Phase I EDDA indicates presence or potential presence of hazardous materials then a Phase II or III EDDA should be performed

**Notes:**
The purpose of performing EDDAs is risk management
Innocent land owner defense

## Regional Horror Story

- Routine Self Inspection Revealed Possible Improper Disposal
- Off-site disposal in farmer’s dump (co-mingled waste)
- Decommissioned equipment from VOR (tube-type transmitters/receivers)
- Unknown hazards ( suspected PCB)
- Coordination with Interested Parties
- Obtained landowner’s permission (Real Estate, Legal)
- State approval of investigation and cleanup plan
- Conducted Cleanup Operation
- Removed 1060 tons of debris (non-hazardous)
- 26 units of electronic equipment w/PCB containing devices
- 40 gallons hazardous waste
- $250k cleanup and disposal costs
- Local news media interest

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## Regional Success Story

**Regional Success Story**

- Phase I EDDA for localizer site revealed potential contamination
- Former pesticide/herbicide transport and storage facility adjacent to site
- 32-year old UST containing gasoline
- EPA emergency response team removed contaminated soil in 2 locations
- Former rail bed on the site (wetlands on both sides)
- Phase II EDDA confirmed contamination on the proposed site
- Elevated levels of pesticide found in soil (~3x above limit)
- Pesticide in groundwater above state limits (~30x above limit)
- Evaluated potential risks during and after construction
- Airport sponsor performed study (could minimize health risks)
- State indicated potential for future cleanup
- Localizer was re-sited

**Notes:**
As standard practice for investigating a potential site of for a Localizer we performed a phase I EDDA.

## Lessons Learned

**Lessons Learned**

- Pay now or pay later
- Proper disposal up front less expensive then clean up afterwards
- Reviewing potential risks (EDDAs) can avoid costly remediation
- Trained employees can help to minimize improper disposal

**Notes:**
The most prevalent theme that we’ve seen at the region and the field level is it pays to do it right the first time and investigate hazards associated with property disposal and real estate transactions.

## FAA LIFE CYCLE ACQUISITION MANAGEMENT
SYSTEM TRAINING FORUM

IDENTIFYING HAZARDOUS MATERIALS CASE STUDY
PRESENTED BY:  RICK SELLEN, HORNE ENGINEERING

August 10-11, 1999

**SYSTEM TRAINING FORUM**
**IDENTIFYING HAZARDOUS MATERIALS CASE STUDY**
**PRESENTED BY:  RICK SELLEN, HORNE ENGINEERING**
**August 10-11, 1999**

**ENVIRONMENTAL, ENERGY, ****AND SAFETY DIVISION, ANS-500**

## Hazardous Materials Determination

- How do you determine if a piece of equipment contains hazardous materials?

## Interface with Integrated Product Team

- Equipment functionality
- Equipment age
- List of contacts
- Disposition plan (disposal, reuse, sale, or donate)
- Schedule
- Technical instruction book/parts list

**Interface with Integrated Product Team**

## Review of Technical Instruction Book/Parts List

- Purpose
- Famarilization with the equipment
- Identify parts suspected containing hazardous materials based on:
- Previous knowledge/experience (i.e. capacitor and transformer)
- Part description (mercury switch)
- Part numbers
- Illustrated parts breakdown
- Date system fielded

## Review of Technical Instruction Book/Parts List

- Typical parts to look for:
- Power supplies (PCB capacitors and transformers)
- Mercury switch
- Cathode ray tubes
- Circuit boards
- Heat sinks (beryllium)
- Batteries
- Metal (tin, nickel, and cadmium) plated parts
- Klystron tubes

## Review of Technical Instruction Book/Parts List (Cont.)

- Limitations
- Configuration controls
- Updates and revisions
- Limited part descriptions
- Lowest replaceable item

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## Interview with FAA/Contractor Field Personnel

- Exact age of equipment
- Knowledge of any potential hazardous materials that the parts list may not reveal
- Equipment operational and maintenance practices (i.e. contractor or FAA)
- Coordinate equipment investigation

## On-site Equipment Investigation

- Conduct an intrusive equipment inspection
- Confirm the suspected parts containing hazardous materials
- Obtain manufacture's model numbers
- Identify additional parts not identified from parts list review
- Determine exact date of manufacture

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## Interview with Equipment and/or Parts Manufacturers 

- Purpose
- Confirm suspected parts contain hazardous materials
- Identify any specific disposal requirements or procedures
- Limitations
- Company out of business
- Change of ownership
- Lack of detailed records
- Lack of hazardous materials tracking
- No representative sampling

## Federal, State and Local Regulatory Review

- Review federal, state and local regulatory requirements on identified hazardous materials (e.g. PCB, CRT and lead-based paint)
- Summarize and identify the regulatory requirements on hazardous materials disposal

## Make Recommendations

- Prepare a report documenting the findings of hazardous materials
- Summarize regulatory requirements
- Present disposition alternatives

## Disposition Alternatives

- Reuse/spare parts
- Sale
- Donation
- Recycle/scrap
- DRMS
- Local disposal

## Disposition at DRMS 

- Defense Reutilization and Marketing Service (DRMS)
- Global Memorandum Of Agreement (MOA) in place
- Specific MOA required for each system
- Will accept hazardous materials
- Will determine most appropriate disposition of all materials for FAA
- Fee for service

## Disposition Cost at DRMS 

- Cost structure
- Usable property
- Per DLA-GSA agreement, 1 percent of acquisition value, $50 minimum or $500 maximum, per turn-in document
- Scrap property
- Per DLA-GSA agreement, $65 per ton or $50 minimum charge per turn-in
- Hazardous materials disposal costs
- Direct disposal contractor cost
- DRMS administrative support cost at a rate to be reviewed and adjusted as the MOA is renewed.

## Pros/Cons of Disposition at DRMS

**Pros**
- Reduced liability
- Quality assurance
- Central control/management
- Reduced local manpower requirements
- Better disposal pricing** **
- Uniform requirements nationwide
- Lower administration cost

**Cons**
- Additional up front planning
- Fee for service

## Pros/Cons of Local Disposition

**Pros**
- Possible lower disposal cost
- More local control

**Cons**
- No central control/management
- Multiple regulations and requirements
- Increased risk of improper disposal
- Increased local manpower requirements
- Increased liability exposure if landfilled
- Higher administration costs

## Summary 

- Stringent regulatory requirements for handling, shipping, and disposal of hazardous materials
- IPTs take the lead in hazardous materials disposition per FAA policy
- Easy/hard way to dispose of hazardous materials
- Centralized/local disposition of hazardous materials is advantageous
- ANS-500 available for technical assistance
- Point of Contact:
- Bob Rams, ANS-500, (202) 267-7325
- ANS-500 web site:  http://ANS.FAA.GOV/ANS500/

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