CEMP-EC

Engineer Pamphlet

415-1-266

Department of the Army

U.S. Army Corps of Engineers

Washington, DC 20314-1000

EP 415-1-266

31 May 2000

Construction

RESIDENT ENGINEER MANAGEMENT

GUIDE (REMG) FOR

HAZARDOUS, TOXIC, AND

RADIOACTIVE WASTE (HTRW)

PROJECT

Distribution Restriction Statement

Approved for public release;

distribution is unlimited.
CEMP-EC 

DEPARTMENT OF THE ARMY 

U.S. Army Corps of Engineers 

Washington, DC 20314-1000 

EP 415-1-266 

Pamphlet 

No. 415-1-266 3 1 May 2000 

Construction 

RESIDENT ENGINEER MANAGEMENT GUIDE (REMG) FOR 

HAZARDOUS, TOXIC, AND RADIOACTIVE WASTE (HTRW) PROJECTS 

1. Purpose. This Engineer Pamphlet (EP) provides information regarding remedial 

design; response actions (remedial actions and removals) involving hazardous, toxic, and 

radioactive wastes; and ordnance and explosives (OE) response actions. It highlights the 

many unique requirements which resident engineers must be aware of for successful 

completion of environmental projects. 

2. Applicability. This EP applies to U.S. Army Corps of Engineers resident and area 

offices with delegated authority to administer contracts involving HTRW and OE 

response actions. 

3. Distribution Statement. Approved for public release, distribution unlimited. 

4. References. References are provided in Appendix A. 

5. Discussion. This EP is intended to highlight aspects of HTRW and OE response 

actions that differ from or require additional attention compared to traditional 

military/civil construction projects. This pamphlet applies to all HTRW/OE field 

activities executed under the Environmental Protection Agency (EPA) Superfund 

Program, the Defense Environmental Restoration Program (DERP), activities related to 

civil works, support for others (SFO), the Formerly Utilized Sites Remedial Action 

Program (FUSRAP), etc. This EP could be used as guidance for overseas environmental 

work. The resident engineer must use judgment in determining what portions of this EP 

are applicable to overseas projects. 

FOR THE COMMANDER: 

6 Appendices 

(See Table of Contents) 

@!& SSELLL. ’ 

Major General, USA 

Chief of Staff 

This pamphlet supersedes EP 415-l -266, 15 December 1994. 
i

DEPARTMENT OF THE ARMY EP 415-1-266

 U.S. Army Corps of Engineers

CEMP-EC Washington, D.C. 20314-1000

Pamphlet 31 May 2000

No. 415-1-266

Construction

RESIDENT ENGINEER MANAGEMENT GUIDE (REMG) FOR

HAZARDOUS, TOXIC, AND RADIOACTIVE WASTE (HTRW) PROJECTS

TABLE OF CONTENTS

Paragraph Page

SECTION 1. INTRODUCTION

Purpose...................................................................................................1-1 1-1

Applicability...........................................................................................1-2 1-1

Distribution ...........................................................................................1-3 1-1

References..............................................................................................1-4 1-2

Background ............................................................................................1-5 1-2

SECTION 2. ROLES AND RESPONSIBILITIES

HQUSACE.............................................................................................2-1 2-1

Centers of Expertise (CXs) ....................................................................2-2 2-1

Divisions ................................................................................................2-3 2-3

Districts and Centers ..............................................................................2-4 2-3

USACE Laboratory Capabilities............................................................2-5 2-5

USACE QA and Testing Support...........................................................2-6 2-7

USACE Guidance/Hyperlinks................................................................2-7 2-7

SECTION 3. USACE ADMINISTERED PROJECTS

General ...................................................................................................3-1 3-1

Early Involvement ..................................................................................3-2 3-1

Real Estate..............................................................................................3-3 3-1

Planning..................................................................................................3-4 3-4

BCOE Reviews ......................................................................................3-5 3-5

Post-Award Activities - General ............................................................3-6 3-9

Preconstruction Conference ...................................................................3-7 3-10

HTRW Construction Quality Management (QM)..................................3-8 3-10

Accountability ........................................................................................3-9 3-12

Chemical Data Quality Management .....................................................3-10 3-12
EP 415-1-266

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 TABLE OF CONTENTS (Continued)

Paragraph Page 

ii

SECTION 3. USACE ADMINISTERED PROJECTS (Continued)

Submittals – HTRW Specific.................................................................3-11 3-14

Documentation and Record Keeping Requirements..............................3-12 3-15

Indemnification ......................................................................................3-13 3-18

Reporting................................................................................................3-14 3-18

Agreements with Regulatory Agencies..................................................3-15 3-19

SECTION 4. HEALTH AND SAFETY

Purpose...................................................................................................4-1 4-1

Authority ................................................................................................4-2 4-1

Responsibilities .....................................................................................4-3 4-1

Policy......................................................................................................4-4 4-1

SECTION 5. TRAINING

General ...................................................................................................5-1 5-1

HTRW Health and Safety Training Requirements.................................5-2 5-1

Hazardous Waste Management and Transportation ..............................5-3 5-3

 Training Requirements

Asbestos Abatement Training Requirements.........................................5-4 5-5

Lead Hazard Control (Abatement) Training Requirements...................5-5 5-6

Ordnance and Explosives (OE) Training Requirements........................5-6 5-7

Training Documentation ........................................................................5-7 5-8

Specialized Training...............................................................................5-8 5-8

SECTION 6. FUNDING

EPA Superfund Program........................................................................6-1 6-1

DERP Program.......................................................................................6-2 6-4

SECTION 7. MANIFESTS, SHIPPING PAPERS AND OTHER TRANSPORTATION

RELATED REQUIREMENTS

Purpose...................................................................................................7-1 7-1

Background ............................................................................................7-2 7-1
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TABLE OF CONTENTS (Continued)

Paragraph Page 

iii

SECTION 7. MANIFESTS, SHIPPING PAPERS AND OTHER TRANSPORTATION

RELATED REQUIREMENTS (Continued)

General ...................................................................................................7-3 7-1

Policy......................................................................................................7-4 7-2

Procedures..............................................................................................7-5 7-3

DOT Regulated Materials ......................................................................7-6 7-7

Sample Shipments..................................................................................7-7 7-7

Asbestos Waste Shipment Records........................................................7-8 7-8

Nuclear Regulatory Commission Manifests...........................................7-9 7-10

Other FUSRAP and Radioactive Waste Shipping Requirements..........7-10 7-10

The Off-Site Rule Requirement .............................................................7-11 7-12

Certificates of Disposal/Destruction/or Placement ................................7-12 7-12

Spill Reporting Procedures.....................................................................7-13 7-12

Additional Information...........................................................................7-14 7-13

SECTION 8. CLOSEOUT PROCEDURES

General ...................................................................................................8-1 8-1

Definitions..............................................................................................8-2 8-1

Operable Unit Completion Milestone ....................................................8-3 8-4

Construction Completion Milestone ......................................................8-4 8-5

Site Completion......................................................................................8-5 8-7

Site Deletion...........................................................................................8-6 8-8

Five-Year Review Program....................................................................8-7 8-9

SECTION 9. CONTRACT TYPES

Introduction ............................................................................................9-1 9-1

Contract Methods...................................................................................9-2 9-1

Contract Pricing......................................................................................9-3 9-2

Indefinite Delivery/Indefinite Quantity Contracts..................................9-4 9-2

Service Versus Construction Contracts..................................................9-5 9-2

Major HTRW & OE Contracts...............................................................9-6 9-2
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 TABLE OF CONTENTS (Continued)

Paragraph Page 

iv

SECTION 10. ORDNANCE & EXPLOSIVES

Background ............................................................................................10-1 10-1

General ...................................................................................................10-2 10-1

Definitions..............................................................................................10-3 10-2

Unplanned Discovery of OE ..................................................................10-4 10-3

OE Safety ...............................................................................................10-5 10-3

SECTION 11. OVERVIEW OF SPECIFIC REGULATED ACTIVITIES

General ...................................................................................................11-1 11-1

UST Removals.......................................................................................11-2 11-1

Drum Removals......................................................................................11-3 11-2

Asbestos .................................................................................................11-4 11-3

Lead-Based Paint (LBP).........................................................................11-5 11-4

Bird, Bat and Rodent Droppings............................................................11-6 11-5

Incidental Radioactive Sources..............................................................11-7 11-6

Mercury ..................................................................................................11-8 11-6

Lighting Fixtures....................................................................................11-9 11-7

PCBs.......................................................................................................11-10 11-7

Lead in Firing Ranges ............................................................................11-11 11-8

Bioaerosols.............................................................................................11-12 11-8

SECTION 12. USACE OVERSIGHT OF RD/RA PROJECTS

Authority ................................................................................................12-1 12-1

Enforcement ...........................................................................................12-2 12-1

Interagency Agreement (IAG)................................................................12-3 12-1

Execution................................................................................................12-4 12-2

SECTION 13. MISCELLANEOUS

Hazard Pay .............................................................................................13-1 13-1

Liability Concerns..................................................................................13-2 13-1

Community Relations.............................................................................13-3 13-2

USACE HTRW Lessons Learned System .............................................13-4 13-4

Where to Find Regulations.....................................................................13-5 13-5
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TABLE OF CONTENTS (Continued)

 Page 

v

APPENDICES

Appendix A - References...................................................................................................... A-1

Appendix B - Acronyms........................................................................................................ B-1

Appendix C - Glossary.......................................................................................................... C-1

Appendix D - Construction Points of Contact on HTRW Projects....................................... D-1

Appendix E - Internet Web Site References ........................................................................ E-1

Appendix F - References (Copies Furnished)...................................................................... F-1
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1-1

SECTION 1

INTRODUCTION

1-1. Purpose. The purpose of this pamphlet is to provide information regarding remedial design

(RD) activities; response actions (remedial action (RA) and removals) involving hazardous, toxic

and radioactive wastes (HTRW); and ordnance and explosives (OE) response actions. It

highlights the unique requirements which resident engineers (RE) must be aware of for the

successful completion of environmental projects. 

1-2. Applicability.

a. This pamphlet applies to U.S. Army Corps of Engineers (USACE) resident and area

offices with delegated authority to administer contracts involving HTRW and OE response

actions. It is intended to highlight aspects of HTRW and OE response actions that differ from or

require additional attention compared to traditional military/civil construction projects. This

pamphlet applies to all HTRW/OE field activities executed under the Environmental Protection

Agency (EPA) Superfund Program, the Defense Environmental Restoration Program (DERP),

activities related to civil works, support for others (SFO), the Formerly Utilized Sites Remedial

Action Program (FUSRAP), etc. This pamphlet is subject to modifications as the HTRW/OE

programs evolve.

b. The RE should note that while many of the practices referenced herein and much of

the documentation provided are applicable to asbestos abatement, radioactive waste cleanup, and

OE activities, the regulations and procedures for these are very specialized and complex. The RE

is cautioned to seek out more guidance and assistance when working with asbestos, radioactive

material, or when facing potential exposure to ordnance or chemical warfare material; i.e., the

HTRW design district, the HTRW Center of Expertise (CX) or the OE Mandatory Center of

Expertise (MCX) should be consulted.

c. This EP could be used as guidance for overseas environmental work. The resident

engineer must use judgment in determining what portions of this document are applicable to their

project. The “Status of Forces Agreement” outlines what regulations must be followed. For

additional guidance on overseas environmental projects, refer to the Overseas Environmental

Baseline Guidance Document (OEBGD). The OEBGD can be found at:

http://osiris.cso.uiuc.edu/denix/Public/Library/Intl/OEBGD/toc.html

1-3. Distribution. Approved for public release. Distribution is unlimited.

1-4. References. Refer to Appendix A for a list of all references used in the preparation of
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1-2

this document. Hyperlink addresses are provided where possible for referenced documents. 

Some references that are not easily obtainable are provided in their entirety in Appendix F.

1-5. Background. The background of the environmental restoration programs is very complex,

particularly those aspects involving HTRW and OE. Therefore, a general description of the

various programs and associated activities is presented below in paragraphs a through g.

a. EPA Superfund Program. In February 1982, USACE entered into an interagency

agreement (IAG) with the EPA to provide assistance in executing Public Law 96-510, the

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980,

also known as Superfund. The Superfund legislation was amended by Public Law 99-499, the

Superfund Amendments and Reauthorization Act (SARA) of 1986. Superfund legislation

mandated that both Federal and non-Federal agencies remedy uncontrolled hazardous and toxic

waste (HTW) sites caused by past and unregulated practices. Upon expiration of the first

agreement between EPA and USACE, a second IAG was signed in December 1984 which

extended the partnership indefinitely. All assignments performed on behalf of the EPA are under

the direct control of the regional EPA remedial project manager (RPM). Regular communication

between the USACE RE, the USACE project manager (PM), and the EPA RPM is essential. 

Under these IAGs, the USACE is responsible for execution of activities assigned by EPA. These

assignments may include:

(1) providing technical assistance during EPA's execution of remedial investigations/

feasibility studies (RI/FS);

(2) acting as the contracting officer (CO) for "Federal lead" RD/Remedial Action (RA)

activities;

(3) managing RA and removal projects;

(4) providing technical assistance during EPA enforcement activities;

(5) providing technical assistance and oversight of EPA's Alternative Remedial

Contracting Strategy (ARCS) contractors;

(6) assisting in the acquisition of real estate;

(7) providing operation and maintenance (O&M) support activities; and

(8) assisting EPA in the implementation of community relation plans and EPA's cost

recovery program.
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b. DERP. DERP was formally authorized by Congress in 1986 to evaluate and remediate

contamination at active and formerly used defense sites (FUDS). However, Congress had

provided appropriation since FY 84 (Defense Appropriation Act) for DOD to initiate

environmental restoration activities at properties formerly owned/used by the Department of

Defense (DOD). DERP is implemented subject to and in a manner consistent with CERCLA and

SARA, however, environmental restoration under this program is not limited to only those

activities legally required by CERCLA. At the USACE level, the DERP program is considered

to be comprised of three elements:

(1) The Installation Restoration Program (IRP) in which active Army installations are

investigated and remediated. In addition, USACE is assisting all DOD services and the Defense

Logistics Agency (DLA) with a full range of installation restoration support. 

(2) The Formerly Used Defense Sites (FUDS) program in which former DOD properties

(including OE sites) are restored. DOD assigned the Army as the Executive Agent for the FUDS

Program. USACE was delegated by the Army, per memorandum dated 30 Nov 83, the

responsibility for management and execution of the FUDS program, including negotiations to

determine DOD liability as a Potentially Responsible Party (PRP). For FUDS program

guidance/information, refer to the "Defense Environmental Restoration Program for FUDSProgram Manual." The USACE internet address for FUDS is located at:

http://hq.environmental.usace.army.mil/programs/fuds/fuds.html

(3) The Defense State Memorandum of Agreement/Cooperative Agreements

(DSMOA/CA) Program which involves IRP (all services), FUDS, and Base Realignment and

Closure (BRAC) activities. The DSMOA/CA Program was developed to facilitate state

involvement in providing technical assistance required for timely execution of DOD activities

conducted under the DERP. These DSMOAs/CAs provide the mechanism to involve states in

IRP, FUDS, and BRAC activities by establishing the terms and conditions by which they are

reimbursed for the cost of providing technical support. Other than at Formerly Used Defense

Sites, field offices will have no involvement in DSMOA activities unless specifically requested

by the customer (installation/base).

c. BRAC Program. The BRAC program requires closure and subsequent disposal of

designated DOD installations. The USACE may be involved in:

(1) preparing National Environmental Policy Act (NEPA) documentation (not generally

required if the project is a remedial action done consistent with CERCLA);

(2) preparing National Historic Preservation Act (NHPA) compliance documentation;

(3) performing environmental restoration (including HTRW and OE response 
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1-4

actions); and

(4) performing real property actions.

d. HTRW SFO Program (other than EPA Superfund).

(1) Upon request, the USACE provides environmental restoration support for non-DOD

agencies on a reimbursable basis.

(2) Past and present customers include the Department of Commerce (DOC), the

Department of Energy (DOE), the Veterans Administration (VA), the General Services

Administration (GSA), the Federal Emergency Management Agency (FEMA), the Commodity

Credit Corporation (CCC), the Federal Aviation Administration (FAA), the Farm Services

Agency (FSA), the Environmental Protection Agency (EPA), and the Bureau of Land

Management (BLM). Examples of SFO projects include assisting:

(a) DOE with environmental restoration and waste management activities;

(b) DOC with environmental restoration of contaminated properties acquired through

defaults on government guaranteed loans;

(c) FSA in conducting preliminary assessments of properties acquired through

foreclosure or bankruptcy;

(d) FAA with their underground storage tank remediation program;

(e) GSA on an as-needed basis for underground storage tank removal and environmental

assessments; and

(f) EPA with their Brownfields program.

e. FUSRAP.

(1) FUSRAP was one of several DOE programs created to address radioactive

contamination in excess of current guidelines at a number of sites used by two of DOE's

predecessor agencies, the Manhattan Engineer District (MED) and the Atomic Energy

Commission (AEC). The sites were used for processing and storing uranium and thorium ores

from the 1940s through the 1960s. Other sites included foundries, machine shops, research

facilities, and nuclear fuel fabrication facilities. Many FUSRAP sites are chemically

contaminated as well. Toxic chemicals include heavy metals (e.g., lead and beryllium),

polychlorinated biphenyls (PCBs), volatile organic compounds (VOCs), and pesticides. The
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1-5

Federal Government owned some of these sites; universities, institutions, and certain private

entities owned others.

(2) The Energy and Water Development Appropriations Act for FY 1998, signed into

law on 13 October 1997, transferred responsibility for the administration and execution of the

FUSRAP from DOE to the USACE. USACE is the "responsible agency" and is responsible for

the hazardous waste generated from FUSRAP sites.

(3) Overall program management resides within Headquarters (HQ) USACE Directorate

of Civil Works. The Directorate of Military Programs is the program manager for current year

execution. Program and project management responsibility resides at the geographical civil

works divisions and districts. Execution is the responsibility of the geographic civil works

districts and the HTRW design districts.

f. Federal Facilities Compliance Support Program. Upon request from a local Federal

facility or agency, the USACE can provide environmental compliance support. Examples of

types of work include:

(1) preparing Resource Conservation and Recovery Act (RCRA) Part B permit

applications;

(2) preparing closure plans;

(3) preparing waste analysis plans;

(4) preparing spill prevention, control, and countermeasure plans;

(5) preparing underground storage tank site assessment plans;

(6) preparing contingency plans;

(7) preparing National Pollutant Discharge Elimination System (NPDES) Permit

applications;

(8) preparing air quality permit applications; and

(9) reviewing environmental projects for technical adequacy.

g. Potentially Responsible Party (PRP) Activities.

(1) Under CERCLA, as amended by SARA, PRPs are those groups or individuals
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1-6

identified as potentially liable for the costs of cleaning up contaminated sites. When requested,

USACE may also assist EPA in their enforcement actions on sites where a PRP is performing

cleanup activities. USACE's role on these sites generally consists of technical oversight and

quality assurance. This provides assurance to EPA that the technical requirements of the

settlement agreement/consent decree will be met. For additional guidance/information on PRP

activities, refer to Section 12 of this pamphlet.

(2) In executing the DERP program at FUDS properties and as the operator of civil

works facilities, USACE is frequently involved in PRP liability issues. Typically, in those

instances where DOD investigations have not provided an indication of its responsibility for site

contamination, the DOD may receive notification that it is being considered as a PRP under

CERCLA in one of the following ways:

(a) EPA or state regulator provides notice of PRP status;

(b) private party files suit seeking contribution, or provides notice to DOD of alleged

contamination seeking DOD acknowledgment of CERCLA liability; and

(c) another Federal agency currently responsible for the property seeks DOD

acknowledgment of responsibility for past contamination during time of DOD control of the

property, and DOD contribution for remediating the property.

(3) In addition to the normal documents developed during other environmental

restoration activities such as the Inventory Project Report (InPR), project execution report, etc.,

the following documents may be developed as part of the PRP process:

(a) a Site Ownership and Operation History (SOOH) and Cost Allocation report which

serves as the basis for the negotiating position and settlement offer; and

(b) a settlement agreement.

(4) When requested, USACE may also be involved in assisting other Federal agencies

when these agencies become PRPs.
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2-1

SECTION 2

ROLES AND RESPONSIBILITIES

2-1. HQUSACE. General responsibilities are contained in Office Memorandum (OM) 10-1-1,

Headquarters, U.S. Army Corps of Engineers. 

a. Military Programs, Environmental Division (CEMP-R). CEMP-R develops, monitors,

coordinates, and generates program execution policies and guidance, and provides funding and

manpower requirements to environmental restoration program customers. 

b. Civil Works Programs, Engineering and Construction Division (CECW-E). CECW-E

issues and maintains technical guidance for the environmental restoration program. Timely

guidance to field offices is mainly accomplished through construction bulletins (CBs). All

current CBs may be viewed and a copy obtained by accessing the HQUSACE homepage:

http://www.hq.usace.army.mil/cemp/c/library.htm

CECW-E maintains a frequently updated list of HTRW/OE projects, project type, contract award

date, contract type and the point of contact (POC) for the execution phase of each project. The

purpose of the list is to facilitate contact and exchange of knowledge and experience among

USACE field personnel. The list is provided at Appendix D.

c. HQUSACE Safety and Occupational Health Office (CESO). CESO has overall

responsibility for the USACE safety and health program, including developing HTRW/OE safety

and health policy, procedures, and oversight in accordance with Engineer Regulation 

(ER) 385-1-92 and Engineer Manual (EM) 385-1-1.

d. Other. Other major HQUSACE element support includes Office of the Deputy Chief

of Staff for Real Estate, Office of the Deputy Chief of Staff for Resource Management, Office

of the Chief Counsel, and the Principal Assistant Responsible for Contracting (PARC).

2-2. Centers of Expertise (CXs). CXs provide specialized technical capability and support to

HQUSACE, divisions, HTRW design districts, OE design centers, and geographic districts. 

Those specific CXs related to USACE environmental restoration programs include the HTRW

CX at the Omaha District (CENWO) in Omaha, Nebraska and the OE MCX at the U.S. Army

Engineering and Support Center (CEHNC) in Huntsville, Alabama.

a. The HTRW CX was established to maintain state-of-the-art technical expertise for all

aspects of HTRW restoration activities and to support HQUSACE, USACE Commands, FOA

and laboratories in performing their HTRW activities by providing technical oversight, review
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2-2

coordination, and assistance. The HTRW CX performs the following mandatory functions:

 

 (1) provide technical review of “key documents” for Category B projects, as defined in

CEMP-RT memorandum of 23 September 1997, Subject: Changes in HTRW Technical Roles

and Responsibilities Due to Division Laboratory Closures. A copy of this memorandum is

available on the HTRW CX home page at the following internet address:

http://www.usace.army.mil/inet/functions/cw/cecwe/coexpert/newcoe/mcx/htrw/htrw.htm

Category B projects include: (a) all "non-routine" projects in the site inspection (SI) phase; (b) all

National Priorities List (NPL) sites or BRAC projects in the RI/FS phase; (c) all projects in the

RD/RA Construction phase which involve innovative technologies or with RA estimates over $5

million; and (d) any project that a district, major subordinate command (MSC), or HQUSACE

requests to be reviewed due to special concerns. “Key documents” include specified deliverables

(including scopes of work and/or work plans, reports, decision documents, and concept designs,

as applicable) of each project phase (Refer to Table 2 of referenced memo); and

(2) coordination of all cost tracking procedures for USACE managed EPA financed

Superfund projects for use by EPA in their cost recovery effort.

The HTRW CX is capable of providing a wide range of functions and services that are listed on

the USACE Internet homepage (see paragraph d. below).

b. The OE MCX was established to assist HQUSACE, USACE Commands, and FOAs

in performing their OE activities and maintain state-of-the-art technical expertise for all aspects

of OE response activities. The mission of the OE CX is to safely eliminate or reduce risks from

ordnance, explosives and recovered chemical warfare materiel at current or formerly used

defense sites. The OE CX performs the following mandatory functions: Any USACE activity

involving ordnance or explosives, even those planned or performed as an HTRW or construction

project, must be coordinated with the OE CX. The OE CX is capable of providing a wide range

of functions and services that are listed on the USACE Internet homepage (see paragraph d.

below).

c. For additional guidance on the management of OE response actions, refer to 

ER 1110-1-8153, EP 1110-1-18, and the FUDS Program Manual (for FUDS projects).

d. The detailed roles and responsibilities of the CXs are available on the USACE

Internet homepage at: 

http://www.usace.army.mil/inet/centers

2-3. Divisions. Divisions are responsible for providing program and quality assurance oversight

for all environmental restoration projects conducted within their areas of responsibility. 
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2-4. Districts and Centers.

a. HTRW Design Districts. USACE HTRW design districts:

(1) Provide specialized HTRW expertise for the design of all aspects of assigned

environmental restoration projects. This expertise includes health and safety, chemical and

geotechnical data quality management, environmental laws and regulations, contracting and

procurement, and environmental technical design and engineering support during construction;

(2) Perform investigations and design projects through in-house expertise and/or

architect-engineer (A-E) contracted services; and

(3) Award the subsequent RA contract and transfers it to the geographic district for

execution.

b. OE Design Center(s):

(1) prepare OE contract acquisition strategies;

(2) execute OE response activities in accordance with ER 1110-1-8153,

EP 1110-1-18, and the FUDS Program Manual (for FUDS projects);

(3) prepare project-specific statements of work (SOW) and independent government

estimates for OE response activities;

(4) assist the geographic district approved to execute OE response actions in contracting

for removal actions, and serving as CO when contracts are awarded by the OE Design Center;

(5) provide engineering and design support for the final removal action;

(6) oversee the OE safety and occupational health, technical, and administrative aspects

of the field work for design and removal actions (the geographic district will assume these

responsibilities if the removal action is transferred to the geographic district);

(7) ensure that OE manifest documents (when required) are properly prepared and signed

by the appropriate personnel unless the removal action is transferred to the geographic 

district); and

(8) provide OE public affairs support to the geographic district as needed.
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c. Geographic Districts (HTRW):

(1) provide support to the HTRW design district during RI/FS and RD;

(2) issue the Notice to Proceed (NTP) and execute the HTRW RA projects within their

geographic areas. Other execution responsibilities are identified for the FUDS program. For

further information refer to the USACE DERP/FUDS Program Manual;

(3) operate and maintain completed RA projects; and

(4) provide technical support and oversight activities.

d. Geographic Districts:

(1) serve as the PM for the life of OE response projects;

(2) conduct preliminary assessments (PA) and prepare the Inventory Project Report

(InPR) for sites within a district's geographical area;

(3) perform assigned real estate functions (i.e., obtain right of entry, prepare real property

transfer documentation, etc.);

(4) prepare the community relations plan (CRP) and provide public affairs support for

FUDS projects and as required for other projects;

(5) initiate and maintain the project administrative record for FUDS projects in

accordance with (IAW) CERCLA;

(6) execute OE response activities and review and approve project documents IAW ER

1110-1-8153;

(7) coordinate with stakeholders, regulators, and customers within the geographic area;

and 

(8) perform contractor surveillance outside the exclusion zone and provide

administrative support during field work.

e. OE approved Geographic Districts:

(1) coordinate with the OE Design Center in contracting for OE removal actions;
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(2) supervise and administer OE removal action contracts/task orders within assigned

areas, including contract administration and OE safety and occupational health IAW 

ER 385-1-95 (to be published at a later date);

(3) execute administrative and field contract modifications (prior coordination with the

OE Design Center and/or the OE MCX is necessary when change orders affect the OE 

design); and

 (4) ensure the OE manifest documents are properly prepared and signed by the

appropriate personnel.

2-5. USACE Laboratory Capabilities. The Engineer Research and Development Center

(ERDC) is the U.S. Army Corps of Engineers’ research and development command. ERDC

consists of eight unique laboratories: five in Vicksburg, Miss., and one each in Hanover, N.H.,

Champaign, Ill., and Alexandria, Va. ERDC headquarters is located in Vicksburg, Miss. The

ERDC provides world-renowned scientists and engineers utilizing the latest in specialized

equipment to address problems facing the military and the nation. Research support includes:

mapping and terrain analysis; infrastucture design, construction, operations and maintenance;

structural engineering; cold regions and ice engineering; coastal and hydraulic engineering;

environmental quality; geotechnical engineering; and high performance computing and

information technology. In September 1997, the materials testing mission was assigned to

ERDC, and the HTRW chemistry quality assurance mission was assigned to the analytical

chemistry laboratory at Omaha. On 15 March 1998, the Omaha laboratory became the newest

member of the ERDC team while remaining in Omaha. The laboratory was realigned as the

Chemistry Quality Assurance Branch (CQAB) along with the Environmental Chemistry Branch

(ECB) under the Environmental Laboratory of the ERDC. The following summarizes the

capabilities of ERDC laboratories that are used for environmental work:

a. The U.S. Army Engineer and Development Center Environmental Laboratory.

 The laboratory has a total capability for QA testing and commercial laboratory inspections. This

includes quality assurance testing for HTRW chemistry and water quality testing for the U.S.

Army Corps of Engineers civil works, military projects, and support for others. The laboratory 

conducts commercial chemistry laboratory inspections in support of the USACE HTRW CX

Laboratory Validation Program as well as for laboratory inspections for water quality laboratories

performing work for the USACE. These services are performed in accordance with ER 1110-1-

263, "Chemical Data Quality Management for HTRW Remedial Activities" and ER 1110-1-

8100, "Laboratory Investigations and Testing." The laboratory continues to develop and improve

methodologies to support USACE and Army environmental programs.

 

b. The U.S. Army Research and Development Center Construction Engineering

Research Laboratory (CERL), located in Champaign, Illinois, is the lead laboratory in the Army
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for installation support. ERDC CERL’s research is directed towards increasing the Army's

ability to more efficiently construct, operate, and maintain its installations and ensure

environmental quality and safety at a reduced life-cycle cost. ERDC CERL is involved in:

(1) protection of threatened and endangered species;

(2) collection, analysis, curation, and retrieval of archeological and cultural resources;

(3) hazardous waste and pollution abatement and management systems;

(4) air pollution control technology;

(5) water supply, treatment, and distribution;

(6) wastewater collection and treatment;

(7) solid waste management; and

(8) industrial operation pollution control.

c. The U.S. Army Engineer Research and Development Center Cold Regions Research

and Engineering Laboratory (CRREL). Located in Hanover, New Hampshire, this is the Army's

lead laboratory for research in the physical sciences and engineering for cold regions and winter

conditions impacting military and civil works operations, systems and facilities. ERDC CRREL

provides expertise on the unique influence of cold regions on a variety of environmental quality

research issues including:

(1) characterization of contaminated sites;

(2) low temperature bioremediation/biological processes;

(3) fate and transport processes in frozen ground; and

(4) development of analytical methods (especially for militarily unique analytes).

d. The U.S. Army Engineer and Development Center Topographic Engineering Center

(TEC). ERDC TEC, located in Alexandria, Virginia, supports USACE districts and divisions in

several environmental initiatives. ERDC TEC is investigating more efficient, accurate and

complete transfer of hydrographic survey data for the production of U.S. nautical charts. One of

ERDC TEC’s major thrusts is the development of an extremely accurate positioning system

incorporating the NAVSTAR Global Positioning System for use by USACE hydrographic
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surveyors and the U.S. dredging industry. ERDC TEC can provide computer systems for

digitizing recent and historic imagery to detect fill violation of wetlands.

2-6. USACE QA and Testing Support.

a. Within the HTRW Program, analysis is conducted to support two primary functions. 

These functions are primary laboratory support for in-house projects and QA support for

contractor executed work (where the USACE laboratory analyzes split samples on a percentage

basis). The RE shall assure that copies of the RA contract plans and specifications and pertinent

contract modifications are provided to the QA laboratory. The QA laboratory shall follow the

testing procedures as described in the contract specifications so that the USACE and contractor

laboratories are both utilizing the same testing procedures.

b. CQAB is the primary HTRW QA chemistry laboratory and is responsible for

providing technical support at the request of the districts, the HTRW CX, and HQUSACE. 

Project services which are available include: (1) technical assistance in development of data

quality objectives (DQOs), Sampling and Analysis Plans (SAP), and commercial laboratory

standard operating procedures; (2) inspecting QA sample shipments and reporting deficiencies;

(3) analyzing QA samples; and (4) providing an independent assessment of the inter-laboratory

analytical data in the form of a Chemical Quality Assurance Report (CQAR) or equivalent,

including resolution of discrepancies with the primary laboratory.

2-7. USACE Guidance/Hyperlinks.

a. USACE criteria documents and guide specifications are distributed on the National

Institute of Building Sciences (NIBS) Construction Criteria Base CD-ROM system. USACE

personnel may contact HQUSACE by E-mail at: rick.dahnke@usace.army.mil for "no fee"

subscription requests. USACE criteria documents and guide specifications are also available on

the TECHINFO Internet site:

http://www.hnd.usace.army.mil/techinfo/index.htm

b. All USACE publications are posted on the Internet site:

http://www.usace.army.mil/inet/usace-docs/

c. For HTRW guidance documents only, visit this web site:

http://www.hq.environmental.usace.army.mil/library/guidance/guidance.html

d. For OE guidance documents only, visit this web site:

http://www.hnd.usace.army.mil/oew/policy/regpro.html

e. Copies of the Quality Assurance Representative's Guide (EP 415- 1-261) volumes 1,
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2, 3, 4, and 5 can be obtained from the:

 

 USACE Publications Depot

 ATTN: CEIM-IM-PD

 2803 52nd Ave.

 Hyattsville, MD 20781-1102

You can fax your name, postal address, and the number of copies you want to the Publications

Depot, (301) 394-0084. Copies of other publications may be obtained, if still available.
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SECTION 3

USACE ADMINISTERED PROJECTS

3-1. General. As the HTRW and OE programs have evolved, more and more response actions

and procurements are being issued as negotiated contracts or task orders on large preplaced

contracts. Because of the uncertainties inherent in HTRW remedial activities, more contract

pricing is now becoming cost reimbursable and less fixed price. This means that fewer contracts

are "bid" and the technical requirements provided to the response contractors may be more

general in nature and not in the form of rigid specifications. However, the basic information

outlined in this section can be applied to all projects if the meaning of the word "bid" is expanded

to encompass submittal of cost proposals in a negotiated procurement and the word

"specifications" is expanded to mean the technical requirements provided to the contractor along

with his more detailed work plan which has been approved by all stakeholders.

3-2. Early Involvement. This subsection covers the functions of the resident engineer/office for

HTRW projects that should occur prior to award of the RA contract. The pre-award activities of

the RE and staff are primarily that of active assistance to the USACE PM and to the designated

design district. The EPA Office of Emergency and Remedial Response (OERR) Directive

9355.0-04B, "Superfund Remedial Design/Remedial Action Handbook," was used in developing

a portion of this section on pre-award activities.

a. RI/FS and Record of Decision (ROD). Involvement of the RE at this stage is

encouraged in anticipation of performing RA oversight activities and in order to provide the

greatest amount of input for selection of an efficient remedy based upon biddability,

constructibility, operability, and existing site conditions.

b. RD Phase. Due to USACE mission assignments for the Superfund, DERP, and FUDS

programs, the design district may be located in a different geographical area than the HTRW site.

 In these cases, and in addition to the biddability, constructibility, operability, and environmental

(BCOE) reviews during the design stage, the RE may be called upon to perform the quality

assurance requirements for the A-E's field investigation activities. The RE can serve as the field 

point of contact (POC) in order to aid the design district.

3-3. Real Estate. 

a. General Considerations. Government and contractor personnel frequently require

access to land not owned or controlled by the government during the RI/FS and RD phases of

HTRW RA projects. The RE should rely on the Real Estate Division in the appropriate district

to obtain the required access and to provide all other real estate support services. However, the
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RE should provide local support as needed.

b. Real Estate Planning.

(1) Real Estate representatives will develop a scope of work, cost estimate, and schedule

for completing real estate activities for inclusion in a project management plan (PMP), if such a

plan is required. The Real Estate representative will also coordinate the analysis of project real

estate requirements with other project team members including the RE. This analysis should be

provided in the form of a real estate planning report (REPR).

(2) If access to land not owned or controlled by the government is required, it will

normally be necessary to obtain a right-of-entry (ROE) or to acquire an interest in real property in

order to prevent the occurrence of a trespass or a "taking" of private property under the Fifth

Amendment to the U.S. Constitution. The decision whether to obtain a ROE or acquire an

interest in real property will depend, in part, upon the purpose for which access is required. If the

purpose is to perform survey and exploration work, sampling or short-term construction activities

such as the removal of underground storage tanks (UST), then a ROE may be appropriate. 

However, work involving long-term construction activities or the installation of facilities such as

monitoring wells generally requires the acquisition of an interest in real property. Approval to

obtain ROEs for any purpose other than survey and exploration work must be obtained from

HQUSACE if the acquisition of necessary real property interests has not been authorized.

c. Acquisition of Real Property. The acquisition of any interest in real property, with the

exception of non-Superfund leases, must be authorized by HQUSACE through the issuance of a

Real Estate Acquisition Directive unless acquisition approval authority has otherwise been

specifically delegated to MSCs. Acquisition may be accomplished through negotiations or the

initiation of condemnation (eminent domain) proceedings. Persons displaced as a result of the

acquisition of real property may be entitled to relocation assistance under Federal law.

d. Additional Considerations for the EPA Superfund Program.

(1) EPA typically obtains access to Superfund sites for design and construction purposes

pursuant to its enforcement authority under CERCLA without acquiring an interest in real

property. The agency may obtain such access on a voluntary basis through a landowner access

agreement or the agency may seek to compel a landowner to provide access by issuing an

administrative compliance order or obtaining an injunction or an order in aid of access in Federal

district court.

(2) Access to lands adjacent to Superfund sites may be required for support zones,

decontamination facilities, stockpile areas, or other purposes. In such cases, EPA may request

USACE to acquire appropriate interests in real property pursuant to EPA's acquisition authority 
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under CERCLA. EPA may also request USACE to perform any temporary or permanent

relocations of persons displaced by response actions.

(3) A REPR will be prepared for all projects for which the Corps has been assigned

responsibility for RD. The REPR serves as a planning tool to focus project team members on the

real estate requirements of a project and any issues, which could lead to cost or schedule growth.

The real estate representative, therefore, will coordinate the preparation of the REPR with all

team members, including the RE.

(4) The REPR will identify property recommended for acquisition (estate, acreage,

ownership); the strategy for relocating individuals, farms and businesses; the estimated cost

(lands and damages, relocation assistance, administration, contingencies); and provide a schedule

for completing the real estate work. It is critical that all real estate requirements be identified as

early as possible in the project because a period of 9 months to 1 year is typically required to

complete the acquisition process.

e. Additional Considerations for the FUSRAP.

(1) No HQ review or approval of real estate planning documents is required.

(2) To the greatest extent practical, FUSRAP is to be executed utilizing ROEs and

without the necessity for real property acquisition. Chiefs of Real Estate at districts and MSCs

are authorized to execute ROEs that substantially conform to the approved model.

(3) Any real property interests acquired should, in most instances, be temporary and

terminate at the conclusion of remedial action. Chiefs of Real Estate at MSCs are authorized to

approve the acquisition of real property interests.

(4) Pursuant to the Memorandum of Understanding (MOU) between USACE and DOE,

real property accountability remains with DOE.

f. Additional Guidance. Additional guidance can be found in the following references:

(1) Memorandum, CEMP-RS/CERE-AP, 22 November 1989, Subject: “USACE Real

Estate Support for EPA Superfund Program,” (Refer to Appendix F);

(2) EPA Publication 9355.5-01/FS, "Real Estate Acquisition Procedures for USACE

Projects," (Refer to Appendix F);

(3) HQUSACE DERP/FUDS Program Manual; and

(4) Memorandum, CERE-AP, 6 February 1998, Subject: “Guidance for the Provision of
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Real Estate Support to the Formerly Utilized Sites Remedial Action Program and Delegation of

Authority to Execute Rights-of-Entry and Acquire Real Property and Interests Therein,” (Refer

to Appendix F).

3-4. Planning.

a. The QA plan. Each district office has a generic QA plan that describes projected work

load, organization, staffing, responsibilities, training, pre-award activities, post-award activities,

testing, and documentation. HTRW considerations should be included in this plan. HTRW

training must be included if the office is to conduct any HTRW QA activities. Other areas listed

above should also include HTRW specific items unless they are addressed in the supplemental

project QA plan (a site-specific supplement to the generic QA plan). A supplemental QA plan

should be prepared for each project. For preparation of a QA plan/supplemental project QA plan,

(Refer to ER 1180-1-6, "Construction Quality Management").

b. Training. HTRW QA personnel will need additional training to properly carry out

their duties. The 40-hour Occupational Health and Safety Administration (OSHA) training and

8-hour recertification (refresher) are required just to get on the job site. Other courses are almost

always needed (such as training in technologies, special types of contracts, regulatory

compliance, etc.) to properly inspect HTRW work. This training should be identified in the

employee's individual development plan.

c. Using Outside Expertise. If the field office administering the HTRW project lacks the

necessary experience, coordination should be made for qualified outside personnel to assist. 

Other construction offices, the district's engineering division, the designated HTRW design

district, or A-E services, are all possible sources of qualified personnel. Assistance from

competent and qualified industrial hygienist (IH) and safety professionals must be obtained for

the review and acceptance of contractor submitted Site Safety and Health Plan (SSHP) and for

answering questions concerning project safety and health. It is strongly recommended that the

design engineer for engineering and design (E&D) services be included during execution of RA

contracts. Confirmation must be made that the required expertise is available. The inability to

ensure that engineering division or design district personnel will be available during construction

will often dictate that A-E services be obtained. Determining whether or not outside help is

needed should be made well in advance to allow necessary transfer of funds. Preferably, this

should be done during the design or the BCOE review. This will allow comparison between

HTRW training needs and the field office's training plan. Availability of qualified QA personnel

should be identified during the design phase of the project.

d. Staffing. Some projects, such as those requiring incineration, may require that QA

personnel be on site 24 hours a day, 7 days a week. Others may require more than normal time

on site because they have many work features that require QA verification of how something was

constructed. Special contract types (i.e., time and materials, cost reimbursable, etc.) may require
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more and/or different resources. QA personnel must be prepared to meet these requirements. 

This may require use of multiple inspectors and payment of hazardous duty, night, holiday, and

Sunday differential payments. These requirements must also be identified during the design

phase.

e. Chemical Data Quality Management (CDQM). Perhaps the most critical area for QA

control is chemical data management. Completion of almost all HTRW projects depends on

meeting cleanup standards measured by chemical testing. Strict requirements are placed on the

quality of this chemical data. ER 1110-1-263, "Chemical Quality Management for Hazardous,

Toxic and Radioactive Waste Remedial Activities," must be used by QA personnel during the

RA planning phase. The QA laboratory is a key player in this process and must be involved early

on.

3-5. BCOE Reviews. 

a. All design reviews should be performed by the individual(s) in the field office who

will administer the RA contract. If the field office performing a BCOE review lacks the

necessary expertise, assistance should be obtained from other USACE personnel whose expertise

matches the project's needs. In this case, the geographical district will be responsible for making

arrangements for the experienced personnel to participate in certain activities during design. 

This effort should be coordinated with the design district that will be funding the effort. Refer to

CEMP-CM memorandum, 1 Nov 91, Subject: “Transfer of Knowledge and Experience During

Design and Execution of HTRW Projects,” for additional information on this subject. A copy of

this memorandum is under Appendix F. The following is a suggested list of additional items to

be considered by the RE during the BCOE review of HTRW projects:

(1) Confirm that compliance criteria for selecting an off-site RCRA facility is provided;

(2) Confirm construction completion, startup, O&M, and transition of facility to followon operator requirements are detailed in the contract specifications. The RE should also verify

that these requirements are fully coordinated with the facility managers (to whom the completed

facility will be turned over; i.e., the state for Superfund projects) before the BCOE review is

completed. Specifically, project acceptance criteria, including definition of project completion,

must be coordinated, agreed to, and addressed in the contract specifications, to ensure customer

satisfaction;

(3) Confirm that specifications include DQOs required for the preparation of the SAP;

(4) Confirm that submissions of safety, health and emergency response specifications are

sufficient in content and details for the RA contractor to develop a SSHP that is protective of onsite personnel and surrounding communities from the physical, chemical, and/or biological
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hazards at the site;

(5) Confirm that specifications include the requirements for the RA contractor (if off-site

transportation of hazardous waste is required under the contract) to prepare the manifests and

related documents, and to certify that the manifest, packaging, labeling, marking, and placarding

of the waste meet all applicable Federal and state regulations. See Section 7 for additional

information on manifests, shipping papers and other transportation related requirements;

(6) Review the accuracy of the construction schedule, cost estimate, and any estimated

quantities of material. Scheduling considerations include up-front administration and permitting,

climate sensitive activities, production rates, etc.;

(7) Confirm that all work area requirements are identified and are adequate for the

construction and operation phases;

(8) Ensure permit responsibilities are clearly spelled out in the specifications. Generally,

all environmental permits are obtained during the design phase;

(9) Confirm that all field conditions are accurate in the drawings and/or unknown areas

are identified. Confirm that representative chemical and geotechnical sampling and analytical

data is referenced in the contract documents;

(10) Review the bid schedule for completeness and practicability;

(11) If the work will be performed on a cost reimbursable basis, the RE is advised to

become familiar with the content of the following document: A Guide to Best Practices for Cost

Reimbursement Contracts. This document is available on the internet at:

http://hq.environmental.usace.army.mil/tools/reimburse/reimburse.html

(12) Review Section 11, "Demolition," for additional BCOE considerations; and

(13) Assure that required easements are secured by Real Estate Division prior to award of

contract. Failure to do so can cause delays during contract activities.

b. Acquisition Planning.

(1) Written acquisition plans are required for all HTRW work in accordance with Federal

Acquisition Regulation (FAR) Part 7. These plans should consider both contract and in-house

acquisitions. The RE should be familiar with the overall acquisition plan and strategy in order to

participate knowledgeably during the design and acquisition process. The RE is generally
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included in the technical evaluation team for negotiated procurement which are common in

HTRW projects. It is also common practice to include the RE in writing the formal acquisition

plans and participating in the contractor selection process.

(2) Contracting for HTRW work can be significantly different from normal construction

and involves many more uncertainties. Technical and regulatory uncertainties are conditions that

must be handled at every site, irrespective of the extent of site characterization accomplished.

HTRW work is often very expensive to complete and can be even more costly if the wrong

contracting approach is used. Section 9, "Contract Types," addresses non-traditional contracting

approaches that are well suited for HTRW projects.

c. Interfacing with Regulatory Agencies.

(1) During the pre-award RD phase, the RE may be contacted by local regulatory

agencies about the status, time frame and selected remedy at an HTRW site. These regulatory

agencies should be referred to the PM. The RE should become familiar with provisions of any

interagency agreements and/or consent decrees that might impact work execution at the site or

provide for stipulated penalties in the event of schedule delays.

(2) EPA has set forth procedures for addressing compliance with other environmental

statutes. For on-site RAs under CERCLA, permits are not required. However, these actions

shall comply with the substantive requirements of all Applicable or Relevant and Appropriate

Requirements (ARARs) (Federal, state, and local laws) identified in the ROD/Enforcement

Decision Document (EDD). If material is to be taken off-site, the receiving facility must possess

all appropriate environmental permits identified in the ROD/EDD. EPA regulations require

verification of acceptability by EPA of any facility selected for the treatment, storage, and

disposal (TSD) of CERCLA waste (Refer to 40 CFR Part 300, Section 300.440). In general, the

construction contractor will be responsible for obtaining any necessary non-environmental

construction permits and approvals (i.e., building and electrical permits, etc.).

(3) These responsibilities need to be clearly outlined in the contract specifications in

order to avoid delays and disputes during RA activities. The RE's responsibility is to verify that

the plans and specifications identify all permit requirements.

d. Project Management Plan (PMP). As with the Acquisition Plan, the RE should be

included as an active team member in the development of the PMP. This is especially important

if there are any identifiable regulatory milestones that the RA contractor will be responsible for

meeting. The RE should also attend any pre-award negotiations to be held with the RA

contractor.

e. Value Engineering (VE) During the Design Phase.
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(1) For CERCLA funded projects, EPA recommends that the USACE and/or the state

include VE screening during the design phase for all RA projects where a potential for

substantial cost savings exists. The state may be involved in the VE process because it will

ultimately contribute to the RA cost.

(2) VE screening performed during the design phase must be limited to project

refinements that would not significantly change or alter the approved remedy, unless otherwise

approved by EPA. VE screening will consist of listing high cost items that have a potential for

cost savings.

(3) Those RA projects which, as a result of the VE screening, show a reasonable promise

for significant cost savings will be recommended to EPA for approval of a formal VE study by

the USACE or the state. The USACE or the state will identify potential impacts on the RA

project schedule and EPA funding requirements for a formal VE study. The RE as well as the

HTRW CX should review all VE studies.

f. Pre-Bid Site Inspections. The HTRW design district may task the geographic

construction district with the responsibility for coordinating pre-bid/award site inspections by

USACE personnel and/or prospective bidders. All site visitors shall follow all applicable OSHA

regulations on training, medical surveillance and Personal Protective Equipment (PPE).

(1) For USACE personnel who are required to enter the exclusion zone, an abbreviated

SSHP will be prepared by the design district with review and concurrence by the RE and the

geographic district Safety and Occupational Health Office (SOHO). The SSHP will cover

entrance procedures that should be followed by all visitors. The SSHP should mandate that a log

be kept of all individuals that plan on entering the site.

(2) All prospective bidders entering the exclusion zone or who will handle samples,

soil/core borings, etc. are responsible for developing their own abbreviated SSHP for the site

visit inspection activities. The SSHP shall address, at a minimum, the training and medical

requirements, appropriate PPE, and proper disposal of PPE in conjunction with all potential site

hazards. Proof of training and compliance with appropriate medical qualifications as required in

accordance with the SSHP shall be made available by the prospective bidders if requested by

USACE. Hold harmless agreements, signed by the visitors, shall be provided to the USACE

representative prior to the prospective bidders entering the exclusion zone. The release should be

part of the solicitation documents; the exact wording should be coordinated with the design

district Office of Counsel (Refer to sample of a release at Appendix F). The RE shall ensure that

the release documentation is maintained as part of the official contract file.

(3) The RE shall coordinate all site visits with the geographic district SOHO and the
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design district IH.

g. Funding of RE Pre-Award Activities. The RE should ensure pre-award tasks,

particularly the BCOE review, are properly funded by the design district. In most cases, the

Corps is required to maintain detailed cost accounting that can be presented as evidence in cost

recovery litigation with responsible parties. (Refer to Section 6, “Funding,” for further guidance

on funding/cost recovery responsibilities). Consult ER 415-1-16, "Fiscal Management,” for

further guidance on what pre-award activities should be charged to other than the supervision and

administration (S&A) account.

h. Community Relations Plan (CRP). EPA is required to maintain a written CRP for

Superfund projects. USACE public affairs officers are required to maintain a written CRP for

DERP-FUDS projects. For DERP-IRP projects, the installation is responsible for the CRP. The

RE should be aware of the support role that will be provided to the EPA RPM or public affairs

officer, as appropriate. It is emphasized here that the RE will only provide a support role and

will not become the lead in community relations activities (Refer to paragraph 13-3, "Community

Relations").

i. Health and Safety. The RE, as the USACE construction manager, must have input on

project safety and health issues at the earliest point. Safety and health are the most important

considerations of HTRW projects, and the RE with support from the district SOHO shall ensure

that the considerations specified in ER 385-1-92 are addressed. Refer to Section 4, “Health and

Safety,” for additional information on health and safety policies, responsibilities, and criteria.

3-6. Post-Award Activities - General. Just as with any other type of project, the field office

will conduct a preconstruction conference, a separate contractor quality control (CQC)/QA

coordination meeting, prepare minutes of each, review submittals, conduct inspections, and

perform other quality management activities as specified in ER 1180-1-6. HTRW submittals are

covered in paragraph 3-11. Some other HTRW aspects of RA implementation are discussed

below.

3-7. Preconstruction Conference.

a. The RE on an HTRW project should invite or coordinate the invitations as appropriate

for USACE personnel, the respective installation, EPA, state, or local officials, to attend the

conference to discuss the scope of work and any pertinent issues on the project. Other invitees

may include the QA laboratory and designer.

b. Items that may be discussed, in addition to the items typically discussed at a regular

preconstruction conference, are the contractors safety and health program and SSHP to include
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activity hazard analyses, inspection/audits, spill and discharge control plan, manifesting, waste

and borrow areas, and permits and security. (Note: The SSHP required by the contract satisfies

the requirement for submission of an accident prevention plan (Federal Acquisition Regulation

(FAR) 52.236-13)).

c. Another item that may be discussed is the SAP. This plan, prepared by the contractor,

describes responsibilities and procedures for the specific project to ensure that all data acquired

meets the intended purposes of the contract. The SAP is referenced in ER 1110-1-263. This ER

also describes a Quality Control Summary Report (QCSR) that is to be prepared by the contractor

at completion of the work. This report contains any deviations from the SAP, any problems

encountered and corrective actions taken, and data presentation. For sites on the NPL, the QCSR

must contain the chemical data required by regulators for deleting the site from the NPL.

d. Frequently, a phased NTP is issued where the contractor may work on submittals or

perform nonintrusive site activities, in the support zone or clean areas of the site, pending

approval of the SSHP. The SSHP and SAP require acceptance and approval, respectively, before

any on-site work commences.

3-8. HTRW Construction Quality Management (QM).

a. Quality Management. QM on HTRW projects is fundamentally the same as on any

other project. The CQC system manages and controls the work to ensure it complies with

contract requirements. The government QA system ensures that the CQC system is functioning

and that the product meets the required level of quality. QM policy and guidance are provided in

ER 1180-1-6. While the provisions of ER 1180-1-6 are fully applicable to HTRW work, the

nature of HTRW work often presents some unique challenges to QA personnel. QA personnel

involved in HTRW work must, therefore, learn how to use some new and different "tools" to

ensure that plans and specifications are met. EP 415-1-261, “Quality Assurance Representatives

Guide -Volume 5,” provides construction representatives with a reliable checklist type reference

for each phase of construction for HTRW work.

b. Definable Features of Work. QA personnel must ensure that the defined features of

work will allow them to conduct proper QM. The three-phase control system (preparatory,

initial, and follow-up inspections) works only if work features have been properly defined. For

example, excavation, stockpiling, characterization, transportation, and disposal of contaminated

soil might be improperly lumped together under one work feature (such as contaminated soil

disposal). The QA personnel might not be able to verify adequacy of field sampling for

preliminary separation of soils into hazardous and non-hazardous piles, disposal sampling

locations, and loading of trucks (some landfills charge by the truck load regardless of how full

the truck is). Without any dishonest intent by the contractor, this could potentially lead to higher

disposal costs, improper disposal, or regulatory violations. Both the QA personnel and the

contractor must fully understand the critical times at which CQC/QA activities must be
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conducted.

c. Three-Phase Control System.

(1) Preparatory Phase. Safety is critical on HTRW projects. QA personnel must ensure

the following:

(a) The site has been set up according to the SSHP;

(b) The contractor has all prescribed PPE and safety equipment on hand and the

equipment is appropriate for the potential on-site hazards. PPE and safety equipment must

comply with the requirements of EM 385-1-1. Many specifications require the contractor to

provide PPE and safety equipment for QA personnel;

(c) Calibration and certification of testing and monitoring equipment have been

performed;

(d) Employees performing testing and monitoring have the appropriate training and

qualifications; and

(e) Transportation, disposal, and other required permits have been obtained by the

contractor and/or government prior to start of work. Failure to do so could lead to illegal

disposal, work delays, and regulatory violations.

(2) Initial and Follow-Up Phases. In most cases, the lack of an obvious sign of

contamination will make these inspections challenging. QA personnel must ensure the

following:

(a) Samples are properly taken at the correct locations;

(b) Samples are handled and transported properly, including chain-of-custody

documentation; and

(c) Procedures outlined in the specifications and approved work plans are strictly

followed.

In other words, QA personnel must inspect how contamination is removed and how the site is

tested. This again points out the importance of having qualified QA personnel. The activity

hazard analysis and spot checks for compliance with safety and health requirements and

procedures are revisited during these phases.

3-9. Accountability. HTRW inspections must be well documented and the personnel time
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properly documented. In some cases a "customer," such as EPA, will have additional or special

documentation requirements to ensure enforcement actions are properly conducted. Because they

are paying for our work, they will also want accurate time/expense records. In other cases, the

Government may be seeking reimbursement from PRPs. Cost recovery requires detailed records

(which will stand up to legal review) of contractor and USACE work and expenses. Unsigned,

incomplete, or inconsistent inspection reports may allow claims by PRPs that the work was not

done, or done inefficiently, and should therefore not be paid for.

3-10. Chemical Data Quality Management. Quality management of chemical data is critical

to HTRW projects. QA personnel should refer to, and be familiar with, ER 1110-1-263 as well

as EM 200-1-1, EM 200-1-3, and EM 200-1-6. These documents define policy for the HTRW

CDQM Program. Note that it is the role of the designated project "Chemical QA Function" to

perform specified activities which comprise the project-specific approach to CDQM. The

Chemical QA Function is performed by USACE personnel (i.e., HTRW Design District technical

staff and/or a USACE QA Lab) and can be supplemented or supplanted by contract support

under direct management of USACE QA personnel. The Chemical QA Function performs any

or all of the following activities: (1) coordinate the request for USACE lab validation for

primary laboratory services or evaluate alternative credentials for candidate environmental

laboratories; (2) review of contractor personnel qualification documentation contained in the

Contractor Quality Control Plan; (3) review of Sampling and Analysis Plans and other reports

related to environmental testing; (4) inspection of incoming QA samples to verify that samples

have been collected, packaged, and shipped correctly; (5) QA sample analysis; (6) data review

as described in EM 200-1-6; (7) generation of the Chemical Quality Assurance Report (CQAR);

(8) generation of the Chemical Data Quality Assessment Report; and (9) support audits/oversight

of field sampling and laboratory testing activities during RA execution. Further note that both

the district construction office's generic Quality Assurance Plan (for HTRW construction

projects) and the Supplemental Project QA Plan should establish the project-specific QA

compliance monitoring activities as well as the roles and responsibilities for the Chemical QA

Function. The project specifications as well as the Sampling and Analysis Plan should reflect

these requirements as well. Use of the Chemical Quality Assurance Branch (CQAB) Laboratory

(Omaha, Nebraska) for support of the Chemical QA Function is strongly recommended. The

Chemical QA Function needs to be coordinated (including transfer of funds) prior to beginning

of construction. The following paragraphs discuss details of some key compliance monitoring

activities.

a. Review of Sampling and Analysis Plan. HTRW projects require a SAP that includes

the project-specific DQOs for the work. EM 200-1-3, "Requirements for the Preparation of

Sampling and Analysis Plans," contains guidance on the generation of a SAP. The SAP is

composed of two parts: the Field Sampling Plan (FSP); and the Quality Assurance Project Plan

(QAPP). The FSP defines the field activities, including all requirements for sampling, field

documentation, field tests (e.g., conductivity, pH, etc.), sample packaging and shipping, etc. The
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QAPP defines the fixed and field measurement analytical protocol and chemical data reporting

requirements. If specified, ten percent of samples are split or collected in triplicate for quality

control (QC) and QA testing. This frequency can be increased or decreased based on the type of

work and the decision of the management team. ER 1110-1-263 and EM 200-1-6, "Chemical

Quality Assurance for HTRW Projects," contain guidance on QC/QA sampling frequency.

b. Pre-Construction Laboratory Validation. If specified, the primary and/or the QA

laboratory will be validated by the HTRW CX. Validation of a commercial laboratory by the

HTRW CX may take 16 to 24 weeks. EM 200-1-1 contains detailed guidance on laboratory

validations with which the RE needs to be familiar. Project funding may be required for CX

execution, depending on the program for which RA is being conducted (e.g., FUDS, Army

BRAC, Army IRP etc).

c. Laboratory Analysis. QA personnel should ensure that appropriate turn-around times

are specified for all primary and, if applicable, QA lab analyses. This will ensure that needed

data is available in a timely manner in order to make project decisions. In some instances a

cost/benefit analysis is used to determine if mobile laboratory services, or expedited fixed

laboratory turnaround times, are necessary to meet project objectives. The Chemical QA

Function should be consulted to determine if unreasonably short turnarounds are being identified.

These short turnaround times may result in poor quality work by project laboratories.

d. Review of Chemical Data. The overall data review process is specified in the project

planning documents. When split sample analysis is being performed, the guidance provided in

this paragraph must be followed. QA personnel will receive the contractor’s test results. At a

minimum, they should review the results for proper sampling procedures (as described in the

SAP). Normally, the Chemical QA Function will then review the data. QA samples will be sent

to the QA laboratory along with daily quality control reports (when sampling or analyses are

involved) and all of the contractor's test results or, at a minimum, all data that is necessary to

determine chemical data quality. EM 200-1-6 contains guidance on the data package

deliverables. The Chemical QA Function will compare the contractor's sample results against the

QA sample results. The QA laboratory will report to the field office on a frequent basis the

adequacy and acceptability of the data. The Chemical QA Function will generate the CQAR

within 30 days of submission of the contractor's test results. 

3-11. Submittals - HTRW Specific.

a. General. HTRW projects have many unique submittal requirements that are not

required for non-HTRW projects. The following paragraphs describe some of these HTRW

specific submittals and identify the required or recommended reviewers and procedures. Due to

the unique nature of HTRW projects, it is highly recommended that the designer be one of the

primary reviewers of these documents. In addition, mandatory reviewers for CDQM submittals
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are covered in detail in ER 1110-1-263. Contractual approval authority of these submittals

remains with the area/resident office.

b. Sampling and Analysis Plan (SAP). The SAP is a document prepared for all field and

laboratory activities, contract deliverables related to the acquisition and reporting of chemical

data for HTRW activities. The plan must be approved prior to initiation of any activities

involving sampling and/or chemical analysis. Mandatory reviewers of this document are the QA

laboratory and the HTRW design district, with monitoring performed by the HTRW CX.

c. Quality Control Summary Report (QCSR). The QCSR, submitted at the end of the

contract, addresses chemical quality control practices employed and summarizes the daily quality

control reports prepared throughout the project, including all the chemical data and analyses

collected/performed (this document may be called the chemical quality management final report).

 Review and approval of this document is performed by the HTRW design district and the

geographic district/field office respectively, with monitoring by the QA laboratory and the

HTRW CX. This submittal is not required by regulation, however, some divisions still require

its submission.

d. Site Safety and Health Plan (SSHP). The SSHP establishes policies and procedures

for protecting workers and members of the public from the specific hazards of the HTRW site for

which the plan was developed. The SSHP includes such programs as medical surveillance,

monitoring and sampling, emergency response, spill containment, site control, activity hazard

analyses, etc. Mandatory review of the SSHP is required by the HTRW design district, the

geographic construction district, and the construction district SOHO. The emergency response

plan (sub-component of the SSHP) must be coordinated with local officials prior to initiation of

any on-site activities. Refer to CB No. 99-2, “Emergency Responder Agreements for Fund-Lead

Remedial Actions - EPA Superfund Program,” for additional information on emergency response

plans.

e. Material Handling Plan (MHP). The MHP consists of procedures for the safe handling

of contaminated material, drummed material, and contaminated liquids in addition to procedures

for off-site transportation and disposal of materials. Manifesting, Department of Transportation

(DOT) shipping papers, and chain-of-custody procedures should also be included. Review

should be performed by the area/resident office with assistance from the design district. The

construction district SOHO may also be asked to review the MHP if the potential for personnel

or public exposure exists. This MHP may also cover importation of clean fill materials for large,

grading projects.

f. Spill and Discharge Control Plan (SDCP). The SDCP consists of contingency

measures and reporting responsibilities for potential uncontrolled spills and discharges of

contaminated and/or hazardous materials. These spills and uncontrolled discharges may include
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leachate decontamination water, sewage, and drummed material. Review should be performed

by the area/resident office, with the assistance from the design district, and the construction

district SOHO.

g. Dust, Vapor, and Odor Control Plan (DVOCP). This plan consists of site procedures

to minimize and control the creation of dust, vapors, and odors. Review of this document should

be performed by the area/resident office with assistance from the design district.

3-12. Documentation and Record Keeping Requirements.

a. Record keeping is a critical element of the HTRW/environmental restoration mission. 

Many of the documents created will be made a part of the permanent administrative record for

the site. Project records are often solicited through the Freedom of Information Act (FOIA) and

play a key role in the recovery of costs from identified responsible parties. All records associated

with environmental restoration programs are to be retained permanently, unless otherwise

specified in the latest revision of the Modern Army Record Keeping System (MARKS)

standards. Please refer to the MARKS standards for guidance concerning appropriate

classification, retention, and safeguarding of all documents.

b. In the case of the administrative record, the lead agency or installation for each

program or site will become the office of administrative record. The EPA is the office of

administrative record for the Superfund program. For the Installation Restoration program, each

installation maintains its own records. For FUDS and FUSRAP sites, the executing district

serves as the office of administrative record.

(1) Financial Records. Financial documents consist of all records which substantiate the

work performed or costs incurred on a project/site. Under the Corps of Engineers Financial

Management System (CEFMS), all financial documents, with the exception of invoices, travel

receipts, and cost transfer requests are electronic documents. Prior to transferring their

disbursing authority to the Finance Center, each USACE Resource Management Office is

responsible for retaining the original invoices. All supporting documentation for Superfund

credit card purchases is to be maintained by the supporting activity, in accordance with CEFCAO, Standard Operating Procedure (SOP) No. UFC-13. Only the total page (a copy is

acceptable) is required to be sent to the Finance Center for payment. CERM-F memorandum,

Subject: “Policy for Retention of Travel Receipts,” dated 7 June 1996, provides guidance for

retention of travel receipts. The policy includes special instructions for travel associated with the

Superfund program. All other financial documents are facsimile copies of electronic records and

the retention and security responsibilities for these records reside with the CEFMS Systems staff

under the direction of the Finance Center. Working papers used to establish overhead, indirect

and burden rates are required to be retained unless the CEFMS Budget Module is used to

compute these rates. In accordance with the revised MARKS standards, financial records for
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environmental restoration projects will be retained for 30 years. A CECI-IR/CEMP-R

memorandum, Subject: “Environmental Classification Standards,” dated 10 August 1999

outlines record keeping requirements (see Appendix F). Additional information related to record

keeping requirements can be found at the following Internet site:

http://www.rmd.belvoir.army.mil/markstit.htm

(2) Contract Records. Official contract records consist of, but are not limited to, those

documents detailed on the ENG Forms 3726, 3726-1, and 3726-2 (Official Contract Record

Checklist - Pre-award, Contract, and Contract Modification/Delivery Order). The contracting

division of the performing district is the custodian of these records and is responsible for their

safeguarding. Duplicate copies of official records maintained in other offices are considered

working documents, subject to destruction when no longer needed. When a field or area office

has been designated as an auxiliary "office of record," documents such as construction surveys,

daily inspection reports, progress schedules, etc., must be retired under the same MARKS

number as the official contract records in the custody of the USACE performing district

contracting division. Upon completion of the work, the completed DD Form 1594 (Contract

Completion Statement) must be forwarded to the contracting division for incorporation into the

official contract records. The field records will then be reviewed and duplicate copies,

considered working documents, removed and destroyed when no longer needed. Contract

records include record of procurements made under small purchase authority using DD Form

1155 or other comparable form.

c. Safety Records. Those records relating to HTRW/environmental accidents and

incidents reported on ENG Form 3394 for which the USACE performing district safety office is

the office of permanent record shall be retained and retired in accordance with the revised

MARKS classifications and retentions.

d. Laboratory Test Results. Test reports generated as a result of HTRW/environmental

restoration efforts will be released to the individual or office requesting the services. For

purposes of retirement, these reports will be incorporated into the site-specific files.

e. Site-Specific Environmental Records. These records consist of documents created in

connection with the investigation, planning, design, remedial action, technical assistance and

maintenance of projects associated with the HTRW environmental restoration program. Also

included are program and project management documents, documents associated with the

administrative record, remedial design, remedial action, closeout and other related documents. 

These records may be created by engineering, program & project management, construction, real

estate, drill crews, survey crews and laboratories. While many of these documents may also be

maintained by the project manager, a local determination must be made concerning which office

will be the office of permanent record for consolidation and subsequent retirement. All duplicate

records are to be destroyed when no longer required for daily operations. Consolidated site files
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will be retired in accordance with the revised MARKS classifications and retentions.

f. Legal Records. Legal documents include PRP negotiations, Freedom of Information

Act (FOIA) records, and documents created to assist the U.S. Department of Justice (DOJ) or

EPA in representing the government in liability cases. All legal documents will be maintained by

the local office of counsel.

g. Manifest Records. The fully executed original manifest records and all records related

to the transport of materials shall be permanently retained. The RE should consult with the

customer’s representative to ensure timely completion of all reporting requirements. Manifest

records shall be retained on site for 3 years in accordance with 40 CFR 262.40. After 3 years, the

records shall be incorporated with the site/project file and retired with those records consolidated

under "Site-Specific Environmental Records." All other waste shipping papers shall be

permanently retained in the site/project file.

h. Contractor Records. The contractor is required to maintain and preserve medical

records on employees that are permitted in the support zone for 30 years after leaving

employment in accordance with 29 CFR 1910.1020. Contractor maintained records forwarded to

the Contracting Officer upon completion of the project consist of training logs, daily reports,

weekly safety reports, air monitoring results, laboratory test results, manifest documents, chainof-custody documents, meteorological records, photographs, decontamination of equipment and

vehicles and any other documents that are pertinent to the project. In addition, any contractor

operating under a cost reimbursable contract is required to maintain all financial records to

support cost recovery.

 3-13. Indemnification. CERCLA, as amended by SARA of 1986, provides the President with

discretionary authority to hold harmless and indemnify any response action contractor against any

liability for negligence arising out of the response action contractor's performance in carrying out

response action activities, unless such liability was caused by the conduct of the remedial action

contractor (RAC) which was grossly negligent or which constituted intentional misconduct. This

indemnification applies only to RAC liability resulting from a release of a hazardous substance or

pollutant or contaminant arising out of response action activities. EPA interprets CERCLA

Section 119 as authorization for making indemnification available to response action contractors

undertaking remedial actions on NPL facilities or removal actions. This includes response action

contractors working for USACE in support of the EPA Superfund program. For future

Superfund contracts entered into after the effective date of the final guidelines (25 January 1993),

indemnification will not be offered except in rare cases and with written authorization from EPA.

 DOD has elected not to provide indemnification for USACE contracts entered into under DERP.

3-14. Reporting.
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a. Superfund. Each RD/RA district is responsible for management reporting of all

Superfund projects. The following management information systems and reports that require the

RE’s input are utilized to monitor this program as managed by USACE:

(1) USACE Programs and Project Management Information System (PROMIS). 

HQUSACE requires all Superfund RA projects to be reported in PROMIS. Districts utilize the

system to prepare and submit monthly Project Executive Summary (PES) reports on USACElead Superfund RD and RA assignments. The RE should assist the PM by providing data related

to the RA project for incorporation into PROMIS. Refer to CEMP-RS memorandum, 7 Jan 99,

on the implementation of PROMIS (see Appendix F);

(2) In a growing number of construction field offices, the Corps of Engineers utilizes a

software package known as the Resident Management System (RMS). This Windows based

software has been implemented as the Corps’ standard nationwide. The USACE RMS is used

for automation and reporting and is linked to PROMIS (downloads information until contract

award), CEFMS (exchanges financial data on contracts) and, in the future, will be linked to the

Standard Procurement System (SPS). Most of the forms required within USACE field offices

have been coded within the RMS software package. In addition, the RMS for Windows program

is compatible with various Report Writers, which can be used to generate special purpose forms

or reporting processes based upon the users need and/or technical ability; and

(3) SF 1080s should be submitted to the EPA monthly for reimbursement of allowable

in-house expenses. EPA regions also require a monthly progress report (prepared by the PM

with input from the RE if involving management of RA activities). EPA region reporting

requirements are found in the site-specific IAG.

b. Defense Environmental Restoration Program (DERP).

(1) USACE Programs and Project Management Information System (PROMIS). 

HQUSACE requires all DERP projects to be reported in PROMIS. Since PROMIS has currently

no upward reporting capability, districts utilize PROMIS data to prepare and submit monthly

PES reports which provide senior management at districts, MSCs and HQUSACE with a brief

overview of project status including project background, cost information, schedule, and major

projects and issues. The RE should assist the PM by providing data related to the RA project for

incorporation into PROMIS.

(2) Refer to paragraph 3-14 a. (2) for information on the USACE RMS.

(3) All program and execution data for the FUDS program are reported by the USACE

PM in the automated web-based FUDS Management Information System (FUDS MIS) located at

the USACE ERDC.
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c. Other Projects. All other projects that fall under Support For Others (SFO), FUSRAP,

BRAC, FUSRAP etc., will be reported in PROMIS. The REs are responsible to report the status

of remedial action projects as soon as contract award is made to RMS.

3-15. Agreements with Regulatory Agencies.

a. Federal Facility Agreements. Environmental restoration work at active DOD facilities,

FUDS, FUSRAP, and civil works facilities may involve Federal IAGs and Federal Facility

Agreements (FFAs) that establish certain milestone dates for specific actions and also may entail

stipulated penalties. Normally, USACE is party to such agreements on FUDS, FUSRAP, and

civil works facilities, whereas the installation is the signature party for active DOD facility sites. 

However, all regulatory milestones must be met or a new milestone developed, negotiated with

the regulator, approved by the regulator, and be in writing prior to the expiration of the deadline.

 On FUDS, FUSRAP, and civil works facilities, USACE has the lead in negotiating revisions to

the scheduled milestones. On active DOD facility sites, the installation commander will have the

lead with USACE as an active participant.

b. Regulatory Milestones. Missing regulatory milestone dates for submittal of primary

documents or schedules, etc., can result in stipulated penalties being assessed by the regulatory

agency (EPA in the case of NPL sites). It is the PM’s responsibility to carefully monitor

compliance with milestone dates and ensure that needed extensions are obtained. REs managing

projects that have regulated milestones must be aware of the importance of meeting these

milestone dates. In view of the potential for assessment of penalties, the Office of Counsel

should be consulted promptly in the event of any questions on the legal implications of noncompliance with milestone schedules. If missing a deadline is anticipated, it should be

immediately reported to the USACE PM. The RE will be advised to either revise the schedule or

take appropriate action to comply with the established milestone schedule. Under these

agreements, REs should understand that written milestone schedule revisions are required to

avoid the assessment of penalties. Informal verbal agreements between the RE and regulators

may prove inadequate to avoid assessment of penalties should a milestone schedule in the

agreement be missed. REs do not have the authority to approve revisions to the milestone

schedule contained in the agreement nor to approve changes or deviations requested by involved

regulators during performance of the work. All matters concerning these types of issues should

be referred to the PM and to the design district.
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SECTION 4

HEALTH AND SAFETY

4-1. Purpose. This section describes USACE health and safety policy, responsibilities, and

criteria for the effective management of HTRW projects. This includes providing

comprehensive and site-specific safety and health criteria to be used by USACE and contractors

in developing Safety and Health Programs (SHP) and Site Safety and Health Plans (SSHPs) for

all HTRW site activities conducted by USACE or its contractors.

4-2. Authority. The development and implementation of appropriate SHPs and SSHPs for

HTRW site operations are mandated by OSHA 29 CFR 1910.120/29 CFR 1926.65, and is

applicable to all USACE and contractor personnel engaged in on-site activities associated with

Superfund, DERP, SFO, civil works projects, and any other HTRW projects.

4-3. Responsibilities. HTRW health and safety program execution, document preparation, and

the review and approval responsibilities of specific USACE elements (e.g., HQUSACE, OE

MCX, HTRW CX, HTRW design districts, divisions, and geographic districts, etc.) shall be

implemented as described in ER 385-1-92.

4-4. Policy. All USACE elements shall follow ER 385-1-92 and comply with (and specify

contractor compliance with) OSHA standards 29 CFR 1910 (general industry) and 29 CFR 1926

(construction). In addition, the Department of the Army, USACE, and its contractors must

comply with EM 385-1-1, "Safety and Health Requirements Manual," throughout all

investigative, design, and RA phases of HTRW projects.

a. Training.

(1) It is Corps policy that prior to conducting on-site HTRW activities (intrusive or nonintrusive) in contaminated areas (exclusion zone or contamination reduction zone) of an HTRW

site, all USACE and contractor personnel shall have successfully completed the following:

(a) formal 40-hour HTRW health and safety training course;

(b) 3 days of actual on-site training under the guidance of a trained and experienced

supervisor; and

(c) 8 hours of refresher training annually.

(2) All on-site supervisors shall complete the above requirements and an additional 8-

hour supervisor's course covering at least the following topics:
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(a) employer's safety and health program,

(b) PPE program,

(c) spill containment program, and

(d) health hazard monitoring procedures and techniques.

(3) For additional important information on training, refer to CESO-I memorandum

dated 13 May 1994, subject: "HTRW Safety and Health Training Courses and Medical

Surveillance Required by OSHA standards 29 CFR 1910.120 and 1926.65." This document can

be found in Appendix F. Refer also to Section 5, “Training.”

b. Medical Surveillance and Record Keeping. All USACE personnel performing on-site

HTRW activities (intrusive or non-intrusive) in contaminated areas (exclusion zone or

contamination reduction zone) of an HTRW site shall be evaluated for inclusion in a medical

surveillance program that meets the requirements of 29 CFR 1910.120 (f), ER 385-1-40, and EP

385-1-58. Generally, if employees meet the medical surveillance inclusion criteria, exams can

be given on a biennial frequency (every other year) for most USACE HTRW staff (refer to

CESO-I memorandum “HTRW Medical Surveillance Program Inclusion and Frequency

Criteria), Located in Appendix F). OSHA standards 29 CFR 1910.120/1926.65 require that

occupational exposure monitoring and medical surveillance records be maintained for a period of

30 years. Office of Personnel Management regulation 5 CFR Part 339 specifies personnel

record-keeping procedures be consistent with OSHA standards. Such records are to be

maintained in the individual's employee medical folder (SF-66D). The geographic district

SOHO is the proponent responsible for medical surveillance.

c. Documentation. Copies of certificates of training, medical surveillance, and respirator

fit testing of all USACE project personnel required to enter contaminated areas of the site should

be available on site for examination by OSHA.

d. Staffing. USACE commands shall staff an Industrial Hygienist and safety

professional(s) in the SOHO. These personnel shall support safety and occupational health

(SOH) aspects of in-house preliminary assessments and site investigations. They shall also

provide support during construction activities. In addition, an IH shall be staffed in the HTRW

design district's engineering component to serve as a technical team member in developing and

reviewing contractor or in-house investigations and designs.

e. Submittals. ER 385-1-92 requires several SOH documents be developed and

implemented, as applicable, for all HTRW activities. The content of the Health and Safety

Design Analysis (HSDA) required by ER 385-1-92 is used by the design district along with

CEGS 01351, "Safety, Health, and Emergency Response (HTRW/UST)," to develop the final
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safety, health, and emergency response specifications for an HTRW construction solicitation.

The requirements for the contractor's SSHP are described in the safety, health, and emergency

response specification section of the contract. CEGS-01351 and ER 385-1-92 specify that the

contractor requirement for a separate accident prevention plan (APP), required by FAR clause

52.236-13, shall be considered met if the contractor has integrated the requirements of the APP

into the SSHP submission. Contractor compliance with EM 385-1-1 will be observed.

f. USACE Oversight of "PRP Lead" Projects - EPA Superfund Program. OSHA

requirements concerning developing and implementing an SHP and SSHP are applicable to

USACE and contractor personnel engaged in on-site activities at PRP enforcement sites.

USACE oversight officials on PRP sites must review the PRP’s SSHP prior to conducting on-site

activities. Comments and concerns regarding the PRP's SSHP must be submitted to the EPA

RPM. Site prerequisite training and medical surveillance applicable to USACE oversight

officials shall be met prior to any oversight activities taking place. USACE oversight officials

shall adopt and comply with all applicable requirements of the PRP SSHP.

 g. OE and HTRW Combined Waste Sites. On sites where both OE and HTRW wastes

exist, the RE should ensure that the SSHP is properly coordinated among the various Corps and

contractor elements. See Section 10, “Ordnance and Explosives,” for further information.
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SECTION 5

TRAINING

5-1. General.

a. Oversight and management of HTRW projects includes additional responsibilities for

planning, scheduling, and documentation of the required training. The OSHA standards for

hazardous waste operations and emergency response (29 CFR 1910.120 (general industry) and

29 CFR 1926.65 (construction)) require that all employees exposed to hazardous substances, or

safety hazards (directly associated with HTRW to be remediated) receive certain minimum

training and, when required, medical surveillance. Records of employee training and required

medical surveillance must be available at the project site. This training must be received before

the employee can work on a hazardous waste site. Managers and supervisors within the RE

office have the responsibility for determining which of their staff members will receive the

required training and for monitoring their staff to ensure that their training is current. Funding

also needs to be considered in advance to maintain a fully trained staff.

b. An individual development plan is an important tool to successfully manage the

required training that employees have received, are scheduled to receive, and will need in the

future. Special training is required for the duties and responsibilities connected with a hazardous

waste site in addition to the basic requirements. Some of the HTRW required training courses

also have refresher course requirements.

5-2. HTRW Health and Safety Training Requirements. All USACE personnel performing

on-site activities at known or suspected HTRW sites (exclusion or contamination reduction zone)

shall be trained in accordance with the requirements outlined in Department of Labor/OSHA 29

CFR 1910 and 29 CFR 1926. As a minimum, such training shall include:

a. A minimum of 40 hours of off-site classroom HTRW health and safety instruction (29

CFR 1910.120 (e) and 29 CFR 1926.65(e)). This training is mandatory and is available through

the PROSPECT program. The course is entitled "Safety and Health for Hazardous Waste Sites"

(PROSPECT course number 351);

b. Three days of actual field experience under the direct supervision of a trained,

experienced supervisor (29 CFR 1910.120 (e) and 29 CFR 1926.65(e));

c. Eight hours of supervisory training for those on-site USACE personnel who directly

oversee the actions of other USACE employees performing on-site activities (29 CFR

1910.120(e) and 29 CFR 1926.65(e)). The 8-hour supervisory training (a one time requirement)

is not available under the PROSPECT program but is usually offered by local universities and
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training organizations. For information on the availability of such training contact your local

SOHO;

d. Site-specific training (29 CFR 1910.120 (e) and 29 CFR 1926.65(e) and EM 385-1-1,

01.B.02 and 28.D.03). The site-specific training is provided by the contractor as specified in the

contract specification section “Safety, Health and Emergency Response” and through

compliance with the project SSHP and project specific work plans;

e. Eight hours of annual refresher training (29 CFR 1910.120 (e) and 29 CFR

1926.65(e)). This is mandatory training and is available through the PROSPECT program,

"Safety and Health for Hazardous Waste Sites – 8-Hour Refresher" (766 Exportable) or could be

arranged through outside sources. There is also a newly developed web-based 8-hour refresher

available through the Huntsville Training Division (refer to CB No. 99-1, Safety and Health

HTRW Annual Refresher Course). The refresher training should also include site-specific

training as required by paragraph (e)(2) and/or (e)(4) of referenced CFRs;

f. Comprehensive Hazard Communication Training Program for Workers (29 CFR

1910.1200 and 29 CFR 1926.59). The requirement for this training applies to all USACE

personnel who could be exposed to hazardous materials (brought on to the site for use rather than

the waste being cleaned up) while performing their duties on either HTRW or non-HTRW

construction sites. DOD developed the DOD Federal Hazard Communication training program

to be implemented and enforced by all DOD components. Training material consists of two

DOD publications and a videotape. These are: "Defense Federal Hazard Communication

Training Program, Trainer's Guide," "Department of Defense Federal Hazard Communication

Training Program, Student's Workbook," and the associated 90-minute videotape. The SOHOs

at district levels have developed training sessions utilizing the DOD training materials. This

training has to be completed prior to any USACE personnel assuming his/her duties that involve

hazardous materials. The training covers the following areas:

• Federal Hazard Communication Standard

• Chemical Forms and Exposure Hazards

• Types of Physical and Health Hazards

• Controlling Chemical Hazards

• Introduction to MSDSs and MSDSs Physical Hazard Information

• MSDS Health Hazard Information

• Using Labels and the Hazardous Chemical Inventory

The SOHO is the responsible proponent for the OSHA-required training; and
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g. Respiratory Protection Program for Employees (29 CFR 1910.134 (c) and 29 CFR

1926.103). Employers are required to develop and implement a written respiratory protection

program with required worksite-specific procedures and elements for required respirator use.

OSHA regulations (29 CFR 1910.134(k)) require, as part of this program, the employer to

provide effective training to employees who are required to use respirators. The training must be

comprehensive, understandable, and recur annually, and more often if necessary. These

requirements are not specific to HTRW, but apply whenever respiratory protection is needed.

For HTRW projects, site-specific respiratory training requirements should be reiterated in the

SSHP and should meet the requirements set forth in the District respiratory protection program.

Implementation of the appropriate respiratory protection program for USACE personnel on work

sites is the local district’s responsibility. For additional information on respiratory protection,

refer to Sections 5 and 28 of EM 385-1-1.

5-3. Hazardous Waste Management and Transportation Training Requirements.

a. Personnel who manage hazardous waste for the purpose of shipment are required to

complete a program of classroom instruction or on-the-job training that teaches hazardous waste

management procedures and contingency plan implementation relevant to the positions in which

they are employed, as required by EPA under 40 CFR 262.34 (a) and 40 CFR 265.16. An annual

review of initial training material is also required. The training must be designed to ensure that

the employees are able to respond effectively to emergencies by familiarizing them with

emergency systems, procedures, plans, and equipment. The substantive requirements of the

initial training under these standards are met by the initial training under OSHA. The annual

review requirements are met by the OSHA 8 hour refresher including the site-specific training.

b. The Department of Transportation (DOT) 49 CFR 172.700, Subpart H requires

anyone involved in any activities related to the transportation of HAZMAT to receive an initial

training and a recurrent training every three years*. DOT regulations require the employer to

certify that the employees have received the required training. DOT training must cover the

following three areas:

 (1) General awareness/familiarization training: this training is designed to enable the

employee to recognize and identify hazardous materials consistent with the DOT hazard

communication standards of 49 CFR Subpart 172. PROSPECT course number 223 (36 hours)

* DOD 4500.9-R, Defense Transportation Regulation II, Chapter 204, October 1999, requires

that all employees who prepare and ship hazardous material by commercial or military vehicle to

be trained every two years. USACE is complying with DOD requirement and requires the

refresher be taken every two years rather than three as required by DOT. The list of DOD

approved courses include USACE PROSPECT courses (223, 429, and 441).
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and course number 429 (12 hours) satisfy the initial and refresher training requirements,

respectively.

(2) Function-specific training: this training provides employees with functional-specific

training concerning requirements of 49 CFR Subpart 172 which are specifically applicable to the

functions the employee performs. For USACE personnel, this training focus on activities related

to the proper DOT and RCRA classification of hazardous wastes and the proper development

and certification of shipping documents. The above PROSPECT courses (223 and 429) are

tailored to satisfy this training requirement and are DOD approved courses in accordance with

the current DOD 4500.9-R. Employees involved with the shipment of Radioactive Class 7

materials require function-specific training for radioactive material. PROSPECT Course 441,

Radioactive Waste Packaging, Transportation & Disposal fulfills the function-specific initial

training requirement. The PROSPECT refresher course 429 with the added Radioactive Waste

module serves as the corresponding function-specific refresher.

(3) Safety Training: this training provides the employee with knowledge of emergency

response information, self-protection measures and accident prevention methods and procedures.

The OSHA initial and annual refresher training described in paragraph 3a. above satisfy this

DOT training requirement.

 c. USACE Policies and Procedures.

 (1) It is USACE policy that all USACE members executing hazardous waste manifests

and related documents receive the required training before executing such documents. The

refresher PROSPECT training course (429) can be provided on site by a PROSPECT instructor

or locally by the certified district “train-the-trainer” instructor. The train-the- trainer instructor

must be certified by the Professional Development Center (Huntsville), must receive the

necessary up-to-date training, must obtain all the refresher course material needed to teach the

refresher course through Huntsville, and must only teach employees from within his/her own

district. USACE train-the-trainer instructors are only certified to teach the refresher course not

the basic 36-hour course.

 (2) After receiving the required DOT training, USACE personnel assigned the

responsibility of signing hazardous waste manifests and related documents, must submit the

training certificate to the district Commander or Deputy Commander to certify that the employee

has been trained and is certified in accordance with 49 CFR 172, Subpart H. If USACE

personnel receive training from sources other than PROSPECT, the district will be responsible to

assure that the training meets DOT requirements and that such training focus on activities related

to the proper DOT and RCRA classification of hazardous wastes and the proper development

and certification of shipping documents. In addition to the training certification, USACE
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personnel must be formally designated and authorized by the district Commander or Deputy

Commander to sign Hazardous Waste Manifests and related documents. In the case of

radioactive waste, only the District Commander can designate and authorize employees to sign

the shipping documents. The authorization letter should also show that the individual is within

his or her scope of employment when signing manifests and related documents. The nomination

should further provide information that the person has the necessary experience and has

satisfactorily performed as a Corps employee. A record of current training, including the

preceding three years have to be kept as long as the employee is employed and 90 days after

employment ends. The record must include the employee’s name; most recent training

completion date; a description, copy or location of the training materials; the name and address

of the training provider; and a copy of the District Commander/Deputy Commander certification.

5-4. Asbestos Abatement Training Requirements. For projects that involve asbestos

abatement, the following training requirements shall be met by USACE personnel responsible

for project oversight:

a. Personnel collecting bulk samples shall be trained as an “Inspector” pursuant to EPA

40 CFR 763, subpart E, appendix C, by an accredited provider.

b. Personnel developing or overseeing asbestos project designs shall be trained as a

“Project Designer” pursuant to EPA 40 CFR 763, subpart E, appendix C, by an accredited

provider.

c. Personnel conducting onsite construction QA shall be trained as a “Contractor/

Supervisor” pursuant to EPA 40 CFR 763, subpart E, appendix C, by an accredited provider.

d. Annual refresher training is required to meet the applicable categories above.

e. All personnel performing typical onsite construction QA of asbestos abatement

projects must meet the training requirements for the “competent person” as defined in the OSHA

29 CFR 1926.1101(o)(4).

 f. The EPA asbestos training requirements presented in the above paragraphs are

described in the EPA's Model Accreditation Plan (MAP) subpart E, appendix E of 40 CFR Part

763 - Asbestos. The MAP applies to work in public and commercial buildings as well as to work

being performed in schools. EPA has another asbestos related training requirement in their

National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR 61.145 (c)(8)

of subpart M. This training requirement applies to at least one on-site representative (such as a

foreman) for demolition and renovation activities that involve the removal, handling, or

disturbance of regulated asbestos containing material. A NESHAP training refresher course is

required every two years. NESHAP considers those individuals who have completed EPA MAP
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Contractor/Supervisor training and annual refresher training to be in compliance with the

NESHAP training requirements.

g. USACE Policy on Asbestos Training Requirements for USACE Personnel.

Department of Defense Instruction (DODI) 4715.10, Environmental Education, Training and

Career Development specifically includes the EPA asbestos MAP training as environmentalrelated Federally mandated training for DOD employees. The instruction also requires DOD

personnel to be certified as required by Federal or state requirements. AR 420-70, “Buildings

and Structures,” requires compliance with Federal, state, and local requirements concerning

asbestos activities including training. AR 200-1 requires USACE Commanders to comply with

legally applicable and appropriate Federal, state, and local environmental regulations and for

Army personnel to meet EPA MAP education and training requirements. Compliance with state

environmental regulations is required, therefore, USACE personnel must check the requirements

of the state in which the work is to be performed (Refer to the legal opinion under Appendix F,

which allows USACE Commands to pay for asbestos training, certifications, licenses, and fees).

h. Sources of Asbestos Training Courses and Technical Information. The Huntsville

Training Directorate has no asbestos training courses (except for a brief coverage of asbestos

waste manifesting that is covered in the 36-hour PROSPECT course entitled "Hazardous Waste

Management and Manifesting"). However, 40 CFR Part 763 provides information on EPAapproved MAP asbestos training courses. To obtain a free listing of training providers in your

state (or nationally), call the EPA contractor, Vista Computer Services, at (800) 462-6706. The

vendor listing is updated quarterly and includes addresses, POCs, phone numbers, and the types

of training offered. For additional information, consult your training officer, library, safety and

occupational health office, local EPA, or OSHA office. Asbestos related reference material may

be obtained by calling the toll-free EPA hotline at (800) 368-5888.

5-5. Lead Hazard Control (Abatement) Training Requirements.

a. All USACE personnel conducting onsite QA of any lead hazard control (abatement)

project shall be trained in accordance with OSHA 29 CFR 1926.62(l)(2).

b. For projects that involve lead hazard control (abatement) activities in public access

buildings (including target housing and child-occupied facilities as defined in 40 CFR 745), the

following additional training requirements shall be met by USACE personnel responsible for

performing project oversight:

 (1) Personnel conducting or overseeing the collection of bulk (i.e., paint chips), dust

(i.e., dust wipes), or soil samples or taking direct reading samples shall be trained in accordance

with EPA 40 CFR 745 and meet the “inspector” qualifications and accreditation requirements;
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(2) Personnel developing or overseeing lead hazard control (abatement) project designs

shall be trained as a “Project Designer” pursuant to EPA 40 CFR 745.226(c)(1), by an accredited

provider; and

(3) Personnel conducting onsite QA of lead hazard control (abatement) projects, shall be

trained as a “Supervisor” pursuant to EPA 40 CFR 745.226(b)(1), by an accredited provider.

c. For lead projects that DO NOT involve public access buildings (including target

housing and child-occupied facilities), such as lead-based paint abatement on steel and hydraulic

structures, USACE personnel responsible for project oversight need only be trained in

accordance with OSHA 29 CFR 1926.62.

5-6. Ordnance and Explosives (OE) Training Requirements. Personnel involved in OE

response activities must receive training on ordnance recognition and safety and must be

thoroughly trained regarding the nature of the materials handled, hazards involved, and necessary

precautions. All personnel performing on-site work activities, wherein they may be exposed to

hazards resulting from hazardous waste site operations, must complete applicable training in

compliance with 29 CFR 1910, 29 CFR 1926, EM 385-1-1, and ER 385-1-92. Additional

training requirements and qualifications concerning OE response activities will be published, in

the near future, in ER 385-1-95. This document will provide guidance concerning both USACE

and contractor personnel, and requirements concerning the specific type of work being

performed. The following training courses are recommended to acquire a working familiarity

with OE policy and procedures:

a. U.S. Army OE Safety Workshops: Typically 3-day workshops (one for conventional

OE and one for CWM projects) are provided by CEHNC Design Center and OE MCX personnel.

The workshop provides a general background of OE projects, reviews the laws and regulations

governing OE projects, provides a comparison of OE and HTRW projects, describes typical OE

project flow, and provides background on the various types and components of OE;

b. OE Recognition Training: This weeklong training course provides an in-depth look at

the types of OE and the procedures for recognizing OE in the field. The hazards associated with

specific ordnance items are explained in a manner to promulgate management of these hazards

onsite; and

c. Site-Specific Training: Often it is beneficial to retain the project’s OE support unit

(i.e., 52nd EOD Group, Army Technical Escort Unit) to conduct site specific training that is

focused on the particular OE items of concern and the associated hazards. The training should

include a review of the measures to be taken to protect workers from OE hazards. Requests for

this support should be made through the OE CX.
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5-7. Training Documentation. In addition to the mandatory training requirements established

under the various environmental and safety laws and regulations, each regulation carries specific

training documentation requirements. Many times, employees are properly trained in accordance

with Federal and state regulatory training requirements; however, the training was not properly

documented in the files or the training files cannot be produced during a regulatory inspection.

Thus, this may result in a violation being pursued by the inspector. Documenting that training

has been completed is the easiest part of training and must be done in accordance with the

specific regulatory requirements. This means that training records must include specifically

designated information and in many cases this information must be maintained at specific

locations at the facility, depending on the regulatory requirement. Documentation of all health

and safety training, including the names of employees trained, the duration of the training, the

contents of the training courses, and the dates of training will be appended to the SSHP. Each

employee who has successfully completed the training and field experience requirements

specified above will be certified as having successfully completed the necessary training and will

maintain a copy of the written certification at the project site.

5-8. Specialized Training. Other highly recommended specialized training includes confined

space entry/rescue and first aid/CPR. There are also many Federal environmental laws that

require specialized training, such as for lead abatement activities. The U.S. Army Environmental

Awareness Support Center published a directory of environmental training courses in July 1997.

Eventually many of the courses in the directory will be part of the Army Environmental Training

Master Plan (AETMP). A list of all PROSPECT courses can be found at:

http://pdsc.usace.army.mil
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SECTION 6

FUNDING

6-1. EPA Superfund Program. Funding for the EPA Superfund program is provided from

EPA with an IAG EPA Form 1610-1. All IAGs from EPA are forwarded to the HTRW CX for

review to ensure compliance with the EPA/USACE National IAG. The HTRW CX is the central

POC for funds tracking of the Superfund program and maintains a sole source database of all

Superfund IAGs. Accounting information for the IAG will be assigned by the HTRW CX. Once

the review is complete and accounting data assigned, the IAG will be forwarded to the

performing USACE district for acceptance. The regulations governing the transfer of funds

between the EPA and USACE can be found in ER 1110-2-500, “Corps/EPA Superfund Program

Funding and Reporting Requirements.”

a. The direct fund cite/revised reimbursable funding method for the Superfund program

was implemented for IAGs issued after 1 Oct 91 and which provide for the following activities:

(1) RD;

(2) RA; and

(3) rapid response.

b. The scope of work section of the IAG will specify a total dollar amount for direct fund

site (for contract payments) and a total amount for revised reimbursable (for in-house payments).

Each amount represents a limitation, and the funds are not interchangeable.

c. The direct fund cite/revised reimbursable method does not apply to the following:

(1) Existing IAGs accepted prior to 1 Oct 91 or any amendments to those IAGs;

(2) Blanket (generic) IAGs and related work authorization forms;

(3) Technical assistance (RI/FS, phase I, enforcement, O&M, state lead), 5-year reviews,

and site assessments;

(4) Real Estate; and

(5) VE and cost estimating.
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d. Direct Fund Cite Method: Contracts awarded with direct fund cite funding will cite

the EPA Appropriation, 68/20X8145, and will identify the EPA Cincinnati Financial

Management Center (CFMC) as the payment office. A copy of the contract documents and

signature cards (for personnel authorized to approve contractor's requests for payment) must be

forwarded by the USACE district procurement office (responsible for the RA contract award) to

EPA at the following address within two weeks of award. Copies of all contract modifications

will also be distributed to EPA CFMC and to the EPA RPM. All contract documents forwarded

to EPA CFMC will use a transmittal sheet and must include the IAG number, site name,

contractor’s name, contract number, fund cite, amount, statement of award, and Contracting

Officer’s dated signature. CFMC will acknowledge receipt of the transmittal within three days

after receipt:

Environmental Protection Agency

Cincinnati Financial Management Center

Cincinnati, OH 45268-7002

The construction division at the executing district will coordinate with the procurement office

and establish proper procedures and delegate responsibilities to ensure that the signature cards

and copies of future contract modifications are forwarded to CFMC and to the EPA RPM in a

timely manner.

(1) The original ENG Form 93, Payment Estimate - Contract Performance, will be

express mailed by the USACE district billing office to the following address with a transmittal

sheet within two business days of signature:

Environmental Protection Agency

Cincinnati Financial Management Center

Attn: Accounting Operations, Suite 300

4411 Montgomery Road

Cincinnati, OH 45212

A copy of the signed payment estimate will be clearly marked "COPY" and forwarded

separately to the EPA RPM. The final payment estimate will be clearly marked "FINAL" and

will be forwarded by the USACE PM to the EPA RPM and to CFMC. The EPA RPM must

approve the contractor final payment estimate before CFMC makes the payment. EPA will

comply with the guidelines established by the Prompt Payment Act and will make the payment

to the contractor. (A sample of ENG Form 93 is included in ER 37-2-10, "Accounting and

Reporting Civil Works Activities.")

(2) In the case of indefinite delivery type contracts using the direct cite method, a

payment estimate will address one delivery order only. If a contractor has performed work on
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more than one delivery order during a billing period, each delivery order will require a separate

ENG Form 93.

(3) For Direct Fund Cite contract awards subject to a Defense Contract Audit Agency

(DCAA) audit, such as a Total Environmental Restoration Contract (TERC) delivery order

contract award, a Public Voucher for Payment (SF1034) is signed and certified by the USACE

Contracting Officer’s Representative (COR).

(a) The contractor's request for payment will be reviewed, certified by the billing

office and express mailed to the cognizant audit office (DCAA, EPA, or other cognizant audit

agency). Refer to the Memorandum of Agreement (MOA) between DCAA and USACE for

USACE Civil Works Funded Contracts under Appendix F. This agreement changes yearly. The

HQUSACE Audit office issues a memorandum to all audit and procurement offices at the

districts that contain the annual financial agreement (hourly billing rate) between DCAA and

USACE.

(b) A cover letter will be used by the billing office for transmittal of the SF1034 to

the cognizant audit office. The letter will identify a POC with a telephone number, the contract

number, contractor name, pay estimate number, and identify the EPA CFMC as the payment

office. The cover letter will request the audit office to express mail the approved payment

request directly to CFMC at the address shown under paragraph d.(1) above.

(c) The cover letter to the audit office will be copy furnished to CFMC to monitor

receipt of the payment request. If CFMC does not receive the approved request within 14 days

of receipt of the copy-furnished cover letter, the POC identified in this letter will be contacted.

Requests for payment received in EPA without the audit office certification will be returned to

the POC. EPA will not forward documents to the audit office.

(4) The contractor earnings (during the reporting period) and a summary of the

contractor's activities will be reported in the monthly status report (which accompanies the SF

1080 for in-house billings). The monthly status report will be submitted by the USACE PM to

the EPA RPM as standard procedure.

(5) Contract financing payments made under cost-type contracts are not subject to

interest penalties for payment delays per Paragraph (b) "Contract Financing Payments" of FAR

52.232-25(b)(4), "Prompt Payment" (Mar 94), and 52.232-27(b)(2), "Prompt Payment for

Construction Contracts." "Contract Financing Payments" means a government disbursement of

monies to a contractor under a contract clause or other authority prior to acceptance of supplies

or services by the government. Final payments fall under "Invoice Payments" and are subject to

interest penalty assessment. "Invoice Payments" means a government disbursement of monies to

a contractor under a contract or other authorization for supplies or services accepted by the

government. This includes payments for partial deliveries that have been accepted by the
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government and final cost or fee payments where amounts owed have been settled between the

government and the contractor. Although contract-financing payments are not subject to interest

penalty for payment delays, every effort should be made to expedite payments to contractors.

e. Revised Reimbursable Method (for in-house activities). With the direct fund

cite/revised reimbursable method of payment, the revised reimbursable funding is limited to inhouse activities such as labor, travel, small purchase orders and other miscellaneous in-house

costs. The USACE district will forward a monthly certified SF 1080 billing (signature cards for

personnel authorized to approve request for payments for in-house activities are required for

EPA files) with a status report (see paragraph d.(4) above) to the following address:

Environmental Protection Agency

Cincinnati Financial Management Center

Cincinnati, OH 45268-7002

EPA will process a payment to USACE within 5 days of receipt of the SF 1080 billing.

The USACE PM will provide a copy of the SF 1080 billing and status report marked "COPY" to

the EPA RPM. The EPA RPM will discuss any discrepancies with the USACE PM, and any

mutually agreed adjustments will be documented in a memorandum from the EPA RPM to the

USACE PM. The final SF 1080 billing must be clearly marked "FINAL" and will be approved

by the EPA RPM before the payment is processed.

f. IAGs Not Funded Under Direct Fund Cite/Revised Reimbursable Method. For any

EPA Superfund IAGs that are not funded under the direct fund cite/revised reimbursable

method, the revised reimbursable method and SF 1080 billing system will be used for processing

contract payments and payment for in-house activities. The certified SF 1080 billing and status

report procedures, as stated in paragraph e. above, will apply.

6-2. DERP Program. DERP funding generally follows the same financial guidelines as other

defense programs. Funding for DERP programs are provided from the Defense Environmental

Restoration Account (DERA). Although these are "no-year" appropriations, they are transferred

to other service accounts for obligation purposes. Once transferred, the funds take on all the

characteristics of the appropriation to which they are transferred. Therefore, environmental

restoration account funds transferred to the O&M, Army appropriation have a one-year life and

will expire at the end of the fiscal year, unless the funds have been obligated by contract award.

a. Army Installation Restoration Program. The Major Army Command (MACOM)

manages funding for the IRP program. All project funding requests must be submitted by the

PM to the installation and forwarded through their MACOM for approval. Once approved, the

MACOM will either authorize the installation to MIPR the funds to the district or send the

request to the HTRW CX to prepare the Work Authorization Directive (WAD) and distribution
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of the funds by Funds Authorization Document (FAD) through HQUSACE. Once the FAD is

received, funds are obligated and expended the same as other direct funded programs.

Contingency funds (2 percent of the contract at award) will be provided on contracts awarded for

$5 million or more. For contracts less than $5 million, no contingency will be provided.

Additional funds will be provided on an as-needed basis. All fund requests should be processed

through the PM.

b. FUDS. FUDS program managers at the divisions control the distribution of funds

allocated by CEMP-RF. Accounts are established in the HQUSACE budget office for each

division (quarterly) based on requirements stated in the DERP-FUDS workplan. Division

program managers will then determine the amount of in-house and contract funding to issue to

their districts and to Huntsville for the execution of OEW projects. No contingency funds are

provided for FUDS projects. However, divisions have complete flexibility in transferring funds

among approved projects as deemed necessary.

c. Fiscal Year-End Closing. In early September of each FY, funding (including S&A) on

all DERP projects must be reviewed and excess funds returned. Excess funds must be returned

to the DERA account to avoid expiration. Funds left in the O&M, Army appropriation and

similar accounts will expire. The RE should identify the needs of the project to the funding

district (particularly during the beginning of the FY) in order to ensure that sufficient funds are

made available for continuous operation.
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SECTION 7

MANIFESTS, SHIPPING PAPERS AND OTHER TRANSPORTATION

RELATED REQUIREMENTS

7-1. Purpose. When shipping hazardous waste, hazardous materials, or other remediation

materials and wastes, typically the Environmental Protection Agency (EPA), the Department of

Transportation (DOT) and/or the Nuclear Regulatory Commission (NRC) regulations must be

followed. In addition, state environmental offices may have more stringent requirements with

respect to manifesting hazardous waste. The purpose of this section is to identify USACE policy

with respect to hazardous waste manifesting, NRC manifesting, and the use of other shipping

papers such as asbestos waste shipping records, chain-of-custody forms, etc. In addition, other

transportation related requirements are discussed. USACE policy and guidance on hazardous

waste manifests and hazardous material shipping has been issued under the following references:

a. ER 1110-1-263, "Chemical Data Quality Management for Hazardous, Toxic, and

Radioactive Waste Remedial Activities;"

b. ER 1180-1-6, "Construction Quality Management."

c. EP 200-1-2, "Process and Procedures for RCRA Manifesting;" and

7-2. Background. The RCRA addresses the "cradle-to-grave" management of hazardous waste.

 This includes the generation, storage, treatment, transportation and disposal of hazardous wastes.

 The EPA implementing regulations (40 CFR 262) require a generator who transports, or offers

for transportation, hazardous waste for off-site treatment, storage, or disposal to prepare and sign

the EPA Uniform Hazardous Waste Manifest Form 8700-22. This form quantifies and describes

the hazardous waste in detail. The DOT also requires a shipping document that describes the

transported hazardous material to accompany the shipment to its final destination. Unless the

receiving state or the state where the shipment has originated from has its own manifest, the EPA

Uniform Manifest is used. The manifest satisfies both EPA and DOT requirements. EPA,

OSHA, and DOT regulations further require various aspects of contingency planning by

hazardous waste generators.

7-3. General. With the exception of hazardous waste generated as the result of USACE

response actions on FUSRAP, Formerly Used Defense Sites, or facilities operated and

maintained by USACE, USACE is not considered to be the owner or generator of the hazardous

waste it transports as part of response activities. The customer agency is the generator for

purposes of execution of the hazardous waste manifest. However, due to logistic complexities, a

customer may not be able to provide an individual to sign hazardous waste manifests in a timely
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manner. The customer may then request USACE to sign project manifests on their behalf. The

EPA regulations (40 CFR 262 appendix, item 16.) makes clear that generators may have an agent

act on their behalf in signing manifest forms. Specifically the instructions say, "Generators may

preprint the words "on behalf of" in the signature block or may hand write this statement in the

signature block prior to signing the generator certifications." As explained in the Federal

Register Notice (51 Fed. Reg. 35192), EPA did not intend to impose personal liability on the

individual who actually signs the certification. Further, EPA clarified that "employees or other

individuals may sign the manifest certification for a generator who is a legal entity, such as a

corporation." This statement makes clear that the generator may permit persons on-site to sign

on behalf of the generator, as long as the signer has clear authority from the generator to do so.

7-4. Policy.

a. It is USACE policy, if requested by its customers, to execute hazardous waste

manifests and related documents on behalf of those customers when not precluded by state

statutes or regulations. Currently, USACE is signing manifest forms and related documents on

behalf of EPA, FEMA, and FSA.

b. Manifest execution and related responsibilities will be performed by USACE at sites

or facilities where USACE is considered the owner/generator of the hazardous waste. Examples

of such sites include civil works facilities or where USACE is considered the agency responsible

for the waste such as DERP-FUDS and FUSRAP sites.

c. With regard to DERP-Installation Restoration (IR) and BRAC environmental

restoration activities, manifest execution and related responsibilities ordinarily belong to the

customer (i.e., the installation or the base).

d. With regard to OE response actions on FUDS sites, if the OE Design Center is

responsible for the execution (not the geographical district), a representative from the OE Design

Center or the contractor shall be responsible for meeting all regulatory requirements and signing

the manifests and related documents.

e. When the additional cost of sending a qualified USACE representative to a remote

location for a small clean up project is unwarranted, the option of requiring the on-site contractor

to sign the manifests on behalf of the generator is permitted and should be considered. This

option can only be exercised on a project-specific basis after written authorization from the

customer and approval of the Chief of Construction Division at the executing district have been

given. Requirements for the contractor to sign the manifests must be approved, as noted above,

prior to the solicitation process and be incorporated into the technical provisions of the contract

solicitation.
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f. In the past, FUSRAP contractors were executing manifests and other shipping

documents on the government's behalf. As new contracts are awarded by the USACE, the

USACE will assume these responsibilities.

7-5. Procedures. Where USACE personnel execute Uniform Hazardous Waste Manifest forms

and related documents, procedures will be adopted by the executing districts and centers as

described below:

a. In the Generator's Name and Mailing Address box (block #3) on the Uniform

Hazardous Waste Manifest form, USACE authorized personnel shall enter the following

information: "Environmental Protection Agency/Superfund Program," "DOD (DERP/FUDS)," 

"FEMA," or “Department of Agriculture/FSA” as appropriate followed by "c/o" and then the

name and address of the USACE office that manages the returned manifest forms. In the

generator's certification box (Block #16), for Superfund sites, the authorized USACE employee

would then sign his or her name, followed by "USACE" after writing or printing the phrase "On

behalf of the Environmental Protection Agency." On FUDS sites, USACE personnel should

follow the same procedure after typing or printing the phrase "On behalf of the Department of

Defense." For FEMA sites the authorized USACE employee would sign his or her name,

followed by "USACE" after writing or printing the phrase "On behalf of the Federal Emergency

Management Agency," and so on. All other manifest related documents executed by USACE

members on behalf of a customer shall be executed by signature followed by USACE after

writing or printing the phrase "On behalf of the (customer's name)."

b. On facilities where USACE is the "owner/generator" of hazardous wastes or the

"responsible agency," such as civil works facilities or FUSRAP sites, USACE personnel shall

enter in block #3 on the manifest form "U.S. Army Corps of Engineers," followed by the name

and address of USACE office that manages the returned manifest forms. In the generator's

certification block (block #16), the USACE authorized employee would sign his or her name

after typing or printing the phrase "On behalf of the U.S. Army Corps of Engineers."

c. When the contractor signs the manifest form on behalf of the USACE or a customer,

the contractor will enter, in block #3, the name and address of its organization. In the generator's

certification box (block #16), the contractor's authorized employee would sign his or her name

after typing or printing the phrase "On behalf of the U.S. Army Corps of Engineers" or "On

behalf of (the name of the customer/agency)," as appropriate.

d. USACE personnel authorized to execute manifest forms and related documents shall

ensure compliance with all reporting requirements (e.g., exceptions reports, biennial reports and 

state reports) as well as follow-on requirements, including the assembly and retention of all

appropriate documentation and certifications.
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e. USACE personnel executing hazardous waste manifests and related documents must

ensure that the USACE is authorized by its customers to execute hazardous waste manifests and

related documents on their behalf prior to such documents being executed. The customer request

and authorization must acknowledge that the customer retains all responsibilities for the

hazardous waste as a generator. This shall extend to the execution of the hazardous waste

manifests, land disposal restriction notification and certifications, waste profile sheets, and other

forms necessary for the completion of manifests for transportation and disposal of hazardous

waste. This authorization, as well as a customer statement retaining all generator responsibilities,

is most appropriately incorporated as a specific provision within a Memorandum of Agreement,

IAG, or correspondence signed by a recognized agency official. Authorization for executing and

certifying manifest forms and related documents on behalf of EPA is delegated in EPA’s letter

dated 18 October 1990 (a copy of the letter is in Appendix F). Authorization for executing and

certifying manifest forms and related documents on behalf of FSA must be obtained on a projectby-project basis. FEMA's authorization is provided in the MOA between the U.S. Army and

FEMA, signed in 1991.

f. Approval to undertake the delegated responsibility of signing manifest forms and

related documents for customers other than EPA, FEMA, and FSA rests with the chief of

construction division at the executing district. If state statutes or regulations do not permit the

USACE to sign such documents on behalf of the customer, the RE or other designated USACE

representative is to contact the PM for further guidance.

g. All USACE employees executing hazardous waste manifests and related documents

must receive appropriate training before executing such documents. Training records fulfilling

all regulatory requirements must be documented and maintained onsite during the life of the

project in the event of a regulatory inspection. Once the contract is closed, these should become

part of the official contract file. Training requirements and PROSPECT courses that satisfy these

requirements are presented in paragraph 5-3b. of Section 5, “Training.”

h. Only USACE members formally designated and authorized by a MSC or district

commander/deputy commander shall be allowed to execute hazardous waste manifests and

related documents for that site. The authorization letter should identify that the individual is

within his/her scope of employment when executing manifests and related documents. In order

to document appropriate training and the scope of an individual’s signature authority, a

nomination and authorization procedure must be implemented. All persons nominated to be

manifest certifying officials must have completed the required training and obtained certification.

The nomination package should contain a one-page summary of the person's training and

experience in HTRW and manifesting. The nomination package should also have the

authorization letter (to be coordinated with the local counsel) ready for signature. The

authorization letter must clearly state that the execution of manifests and related documents are

within the scope of the individual’s official duties. The nomination should further provide
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information that the person has satisfactorily performed as a USACE employee. For FUSRAP

sites, only the District Engineer with delegated FUSRAP responsibility for a particular site shall

authorize USACE personnel to sign manifests and shipping documents for that site. Prior to

offsite transport of waste, the responsible USACE District must ensure that the waste has been

adequately characterized for the potential presence of radioactive contaminants and hazardous

waste. Waste will be transported only to facilities that may lawfully accept the contaminants

present in the waste.

i. Where USACE employees are executing hazardous waste manifests and related

documents, the contract under which the waste is being transported must address supporting

chemistry-related requirements and procedures. These items are imposed by the specifications

and addressed by the contractor in the Sampling and Analysis Plan (SAP). The SAP addresses

among other things, laboratory activities, chemical data documentation, equipment, sampling

documentation, quality control, sample custody and shipment, analytical methods and document

preparation. The project specific supplement to the QA Plan, developed by the RE, must define

the USACE quality assurance role in the manifesting process. Area and Resident Engineers are

encouraged to periodically request a review (by qualified in-house project support staff such as

regulatory specialists, chemists, industrial hygienists or the HTRW CX) of project specific

transportation and disposal related documents prior to signature. This is especially true in the

case of a large and variable number of waste streams.

j. When USACE or customers are going to be signing hazardous waste manifests, but

contractors are going to be preparing materials for shipment, the contractor should be required by

contract to certify that materials have been properly packaged, labeled, and marked in accordance

with all Federal and state regulations. This will enable the USACE/customer representative to

certify on the manifest that the materials are properly packaged, labeled, and marked even though

these activities were conducted by other persons. Likewise, the contractors should be required to

certify as accurate any other documents he prepares relative to the shipment of hazardous waste

including the manifest, the Land Disposal Restriction Notifications and waste profile sheets. All

contractor certifications should be retained by USACE as supporting documentation in

accordance with paragraph 3-12 of Section 3, “USACE Administered Projects.”

k. For FUSRAP sites, a large volume of soil will be moved by rail. In such a case, the

words "and rail" must be added to the language currently found in block 16 of the hazardous

waste manifest. The two words should be added after the word "highway" in the certification

block as described in the instructions for completing the manifest in the appendix to Part 262. 

The word "highway" should be crossed out if the shipment from the site to the disposal facility is

entirely by rail. In addition, when transporting by rail, the manifest is not handled in the same

manner as for the highway mode. Section 49 CFR 172.205(f) should be consulted for the

additional requirements pertaining to manifest dissemination when waste is transported by rail. 

In addition to RCRA manifest requirements, there may be instances when a NRC Uniform Low
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Level Radioactive Waste Manifest is required. In general this NRC manifest will be required on

sites with low level radioactive wastes as defined by the NRC or it may be required by the

recycling or disposal facility for shipments of low activity radioactive material. The NRC

manifest and associated requirements can be found in Appendix G to 10 CFR 20. This NRC

manifest, when properly completed, will fulfill the NRC and DOT requirements. It should be

noted that there will be situations when neither a NRC nor a hazardous waste manifest is

required, however a DOT shipping paper may be required (most likely due to a reportable

quantity of radionuclides in the package). Conversely, there may be situations when both a NRC

and a hazardous waste manifest will be required. Lastly, there may be situations when the

FUSRAP remediation waste is not regulated by EPA, NRC or DOT. For example, if the waste

contains less than 2000 picocuries per gram and there is not a reportable quantity of any

hazardous substance in the shipment and the waste does not contain a hazardous waste, then the

shipment would not be regulated by the EPA, NRC, or DOT. In those cases, while not required

by Federal regulations, the USACE requires a chain-of-custody form be developed and used to

track all FUSRAP shipments to treatment and/or disposal facilities (See paragraph 7-10a. of this

section).

l. As per 49 CFR 172 subpart G, a person who offers a hazardous material for

transportation must provide a 24-hour emergency response telephone number for use during the

event of an emergency. This number must be monitored at all times the hazardous material is in

transportation and the person must be either knowledgeable about the material and has

comprehensive emergency information or has immediate access to a person who possesses such

knowledge and information. This number must be entered on the shipping papers (hazardous

waste manifests, NRC manifests, Bills of Lading, Asbestos Waste Shipment Records, etc.). The

Corps may retain this duty or contractually require the contractor to perform this duty.

m. For all wastes shipped on a hazardous waste manifest (including TSCA regulated

PCBs), a copy of the hazardous waste manifest with the written signature of the owner or

operator of the designated treatment/storage/disposal (TSDF) facility should be received within

35 days of the date the waste was accepted by the initial transporter. If this copy is not received

from the TSDF within this period, the USACE signatory of the manifest must contact the

transporter and/or owner or operator of the designated facility on the 35th day to determine the

status of the waste. If a copy of the signed hazardous waste manifest is not received within 45

days of the date the waste was accepted by the initial transporter, an Exception Report must be

filed on the 45th day with the EPA and/or authorized state hazardous waste office as required in

40 CFR 262.42. The RE must assure that office procedures are in place for manifest signatory to

track receipt of the TSDF manifest copy and provide for timely issuance of the Exception Report

as required.

7-6. DOT Regulated Materials. For DOT regulated hazardous materials that are not

transported with EPA hazardous waste manifests or NRC manifests, either the contractor (if
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required by the contract) or a USACE member formally designated as specified above may sign

the DOT shipping papers with the exception of any FUSRAP waste. DOT training is mandatory

to perform this function.

7-7. Sample Shipments.

 a. There are instances when analytical samples may be considered RCRA regulated

hazardous wastes, TSCA PCB wastes, and/or DOT regulated hazardous materials. However,

RCRA and TSCA provide an important exclusion for analytical samples being transported to and

from the laboratory if the sample meets the conditions outlined below. If the samples meet the

terms specified below, a hazardous waste manifest is not needed. If the terms are not met, a

manifest is required for transporting these samples to and from the laboratory.

(1) Under Federal EPA regulations, a sample of solid waste or a sample of water, soil, or

air, which is collected for the sole purpose of testing to determine its characteristics or

composition, is not subject to the manifesting requirements of RCRA or TSCA, when:

• the sample is being transported to a laboratory for the purpose of testing; or

• the sample is being transported back to the sample collector after testing; or

• the sample is being stored by the sample collector before transport to a laboratory for

testing; or

• the sample is being stored in a laboratory before testing; or

• the sample is being stored in a laboratory after testing but before it is returned to the

sample collector; or

• the sample is being stored temporarily in the laboratory after testing for a specific

purpose (for example, until conclusion of a court case or enforcement action where

further testing of the sample may be necessary).

(2) In order to qualify for the exemption from manifesting under RCRA and/or Toxic

Substances Control Act (TSCA) regulations, a sample collector shipping samples to a laboratory

and a laboratory returning samples to a sample collector must:

• comply with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS),

or any other applicable shipping requirements; or

• comply with the chain-of-custody and packaging requirements found in either 40 CFR

261.4(d)(2)(ii) or 40 CFR 761.65(i)(3) (e.g., include sample collector's name, mailing

address, and telephone number; laboratory's name, mailing address, and telephone

number; quantity; date of shipment; sample description; and package the sample so

that it does not leak, spill, or vaporize).
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b. While a sample may be excluded from the RCRA and/or TSCA manifesting

requirements, the sample may still be considered a DOT regulated hazardous material if the

sample collector anticipates that the sample meets a DOT hazardous class. For example, a

sample preserved with acid may exhibit a corrosive hazard class (class 8), a sample of TNT

contaminated soil may be explosive (class 1) or a flammable solid (class 4.1), a sample involving

chemical agent may be toxic (class 6.1) or may be an irritant (class 9). For samples suspected to

be regulated hazardous materials, compliance with the DOT regulations in 49 CFR 171-180 is

mandatory. This includes the appropriate requirements for the preparation of shipping papers,

marking, labeling, packaging and placarding. In addition, if these samples are to be shipped by

air, the International Air Transport Association (IATA) regulations must be followed. 

Companies routinely used to ship samples will have a Dangerous Goods Bill of Lading or similar

shipping document that should be used when transporting samples that may potentially be DOT

hazardous materials. In addition, persons offering these shipments must be DOT trained and

emergency response information must be provided to the shipper.

c. Detailed guidance pertaining to the transportation of samples that are potentially

hazardous materials can be found in Appendix F of EP 200-1-3.

7-8. Asbestos Waste Shipment Records.

a. Asbestos-containing waste material is regulated by EPA under the Clean Air Act. 

DOT also regulates Asbestos Containing Material (ACM) as a hazardous material during the

course of transportation. OSHA has also established worker protection standards (including

training requirements) for all activities that involve ACM such as manufacturing, fabricating, and

demolition and renovation of structures that contain ACM. Many states have been authorized by

EPA (EPA agreement states) to act as the regulatory authority for asbestos abatement activities. 

The state regulations may be more stringent than the Federal regulations but as a minimum

should meet the Federal requirements.

b. The EPA requires the use of an asbestos Waste Shipment Record (WSR) or a similar

form when ACM is transported offsite (40 CFR 61.150(d)). Though not a federally regulated

hazardous waste, a hazardous waste manifest could be used when shipping asbestos if all the

WSR required information is placed on the manifest. The following additional information is

required to be placed on any form used to transport asbestos:

(1) name, address, and telephone number of the waste generator;

(2) name and address of the local, state, or EPA regional office responsible for

administering the NESHAP program;

(3) approximate quantity of asbestos in cubic meters or yards;
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(4) name and telephone number of the disposal site operator;

(5) name and physical site location of the disposal site;

(6) transport date;

(7) name, address, and telephone number of the transporter(s); and

(8) a certification that the contents are fully and accurately described by the proper

shipping name and are classified, packed, marked, placarded, and labeled and are in all respects

in proper condition for transport by highway according to applicable regulations.

c. In addition to the information required on the WSR or similar form, asbestos is a DOT

regulated hazardous material thus all DOT shipping paper, labeling, marking, packaging and

placarding requirements must be met. The WSR, manifest, or a similar form may be used as the

DOT shipping paper if all the required DOT information (49 CFR 172 subpart C) is also included

on the form.

d. Unless specified otherwise in the asbestos demolition and renovation contract, the

prime contractor is considered to be both the operator and authorized agent for the waste

generator and will be required to complete and sign the generator portion of the WSR (Operator's

certification, line 9 of the WSR form), and be responsible for ensuring that both the transporter

and the waste disposal site owner/operator complete and sign their sections of the form. This is

in line with the NESHAP regulations, 40 CFR Part 61.

e. NESHAP (40 CFR 61.150(a)) specifies that containers or wrapped materials that

contain asbestos-containing waste material must have warning labels specified by OSHA under

29 CFR 1926.1101(k)(8). Labels will indicate the name of the waste generator and location

where the waste was generated. NESHAP 40 CFR 61.150(c) requires that vehicles used to

transport asbestos-containing waste material be marked with a warning sign during loading and

unloading of the waste. The specific EPA marking requirements for vehicles are found in 40

CFR 61.149(d). In addition, compliance with the DOT regulations in 49 CFR 171-180 is

required when transporting asbestos as asbestos is a DOT regulated hazardous material.

f. This WSR will be provided to the owner or operator of the waste disposal facility at

the time the waste is delivered to that facility. Upon completion of this "cradle-to-grave"

reporting procedure, the contractor must return the original completed and signed WSR to the

USACE RE within the timeframe established by the contract. The RE must maintain a copy of

the completed WSR for the contract file and provide the original to the facility owner/waste

generator.

g. EPA regulations (40 CFR 61.150(d)(3) and (4)) state that if the WSR signed by the
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disposal site owner or operator is not received by the waste generator (or its authorized agent)

within 35 days of the date the waste was accepted by the initial transporter, the waste generator/

authorized agent shall contact the transporter and/or disposal site owner/operator to determine the

status of the waste shipment. NESHAP directs the waste generator to submit an exception report

to EPA if the signed WSR is not received within 45 days of the date the waste was accepted by

the initial transporter. The prime contractor is responsible for completing the exception report on

behalf of the waste generator and submitting it to the NESHAP office with a copy to the RE. 

WSRs must be kept on-site by the generator for at least two years as specified in 40 CFR

61.150(d)(5).

h. For demolition and renovation contracts, designated Corps personnel shall be assigned

the responsibility of overseeing contractor actions and assuring that the WSR is properly

prepared, signed by all parties, and returned within the established timeframes. USACE

personnel must be trained as described in paragraph 5-4 of Section 5, “Training.”

i. The Abatement Contractor must provide a person or persons who are both trained in

NESHAP/state regulations and DOT regulations as per 49 CFR 172, Subpart H and capable of

complying with them. That person is required to be onsite whenever regulated ACM is stripped,

removed, or disturbed. EPA training requirements are provided in 40 CFR 61.145 (c)(8). AR

200-1, Chapter 8, also requires that Army personnel involved in asbestos abatement activities

meet the EPA's Model Accreditation Plan training requirements found in 40 CFR 763, Appendix

C to Subpart E. For a complete discussion of training requirements, see Section 5, “Training,” of

this pamphlet.

7-9. Nuclear Regulatory Commission Manifests. For Nuclear Regulatory Commission (NRC)

manifests, the policies and procedures outlined for hazardous waste manifests, training, and

record keeping are applicable.

7-10. Other FUSRAP and Radioactive Waste Shipping Requirements.

a. In some cases, FUSRAP and radioactive wastes will not be regulated during the course

of transportation by the DOT, EPA or the NRC. In these instances, a chain-of-custody form shall

be developed and used for each shipment of waste in order to track the waste from the original

site to ultimate placement/disposal. A copy of that document shall be placed in the project file. 

An example chain-of-custody form can be found in EP 200-1-2.

b. There is a basic Corps of Engineers disposal notification requirement for all

radioactive and FUSRAP wastes. HQUSACE requires all USACE disposal of Low Level

Radioactive Waste (LLRW) (both DOD and non-DOD generated) to be reported to the HTRW

CX prior to shipment. This is strictly for record keeping purposes. The HTRW CX maintains

the data and reports this data to HQUSACE. The notification requirements found in the
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memorandum can be found in EP 200-1-2.

c. In addition to the DOT markings and labels, a specially designed label shall be placed

on all containers of FUSRAP waste regardless of whether the material is a hazardous material or

not. The label indicates the Disposal/Recycling Facility destination and a telephone number of a

USACE point of contact with knowledge of the contents. This additional label duplicates

existing information that is required on shipping papers for DOT hazardous materials. Therefore

it must not violate any DOT requirements or create any confusion (e.g., label color). Several

highly visible labels must be placed on top of the container liner (e.g., burrito bags in gondolas)

or exterior sides of transport vehicles, to ensure workers observe the information. The label

should read as shown. Labels may be ordered through any commercial label manufacturing

company; however, the label specification should adhere to the design shown at Figure 7-1.

 Figure 7-1, FUSRAP Waste Label

d. Since a majority of the FUSRAP waste is shipped via railroad, FUSRAP Districts

should obtain access rights to the NetREDI internet system. The NetREDI system, developed by

the American Association of Railroads, receives input from over 300 railroads for shipments. 

The NetREDI system is an immediately available resource for the construction representatives or

project managers if they want an instant method to verify tracking information supplied by their

contractors. Free registration can be obtained by calling (800) 872-1045 ext 65403 or

http://registration.railnetredi.com/

7-11. The Off-Site Rule Requirement.

Warning: Empty Only @

Destination: (name of Recycling/Disposal Facility)

Shipper POC: (name of Corps Constr. Representative)

Telephone No. (24-hour monitored phone )_________

5 " minimum

3" minimum

Color: Purple, Pink or Chartreuse
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a. CERCLA Requirement. Besides the waste profile, manifest, and land disposal

restriction notification paperwork, there is an additional obligation found under the implementing

regulations of CERCLA. That requirement is the "Off-Site Rule" found at 40 CFR 300.440

Procedures for planning and implementing off-site response actions. Basically, the regulation

requires that when CERCLA waste is to be managed off-site, the waste must be managed in a

permitted facility that is not releasing hazardous waste, hazardous constituents, or hazardous

substances into the environment. Further, the authority of this regulation applies to entities

conducting removals and remedial actions under CERCLA authority at any type of site

(Superfund, FUDS, IRP, BRAC, FUSRAP, etc.). 

b. Verification of Facility Status. The treatment and disposal facility compliance is 

determined by the EPA Regional Administrator in which the facility resides. Thus, it is

necessary that prior to shipping CERCLA remediation wastes off-site that the EPA regional point

of contact be called to verify the facility status. The Regional POCs can be obtained from the

EPA Hotline (1-800-424-9346). While there is no regulatory requirement to maintain a record of

the conversation, it is highly recommended that the call be documented so that you can prove to a

regulator that you did indeed make the phone call if questioned.

7-12. Certificates of Disposal/Destruction/Placement. While not a Federal regulatory

requirement, USACE requires that for all hazardous wastes, CERCLA remediation wastes,

FUSRAP wastes, asbestos, PCBs, etc., a "Certificate of Disposal/Destruction/Placement" be

required from the ultimate disposal facility. The certificate must correlate to each shipment of

waste to the facility. This certificate will be a requirement of the contract. The certificate shall

be placed in the project/site file.

7-13. Spill Reporting Procedures. USACE spill reporting procedures can be found on the

Internet at: 

http://www.environmental.usace.army.mil/info/technical/comply/complys/complys.html

Each district currently has an Emergency Operations Center (EOC) or an Emergency

Management Office (EMO). USACE ER 500-1-1, chapter 11, requires all districts to have a

designated EOC/EMO and a plan outlining the upward reporting requirements should a natural

disaster or hazardous material spill occur. It is recommended that the district (MSCs) build upon

the existing emergency response structure by including any additional hazardous waste and/or

FUSRAP reporting requirements within their existing plans.

7-14. Additional Information.

a. EP 200-1-2 outlines the requirements for proper disposal of RCRA waste and

shipment of hazardous materials. The pamphlet covers the following subjects and more:
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(1) obtaining a generator number;

(2) properly describing the waste;

(3) shipping paper requirements;

(4) signature requirements;

(5) record-keeping requirements;

(6) marking, labeling and placarding requirements;

(7) spill reporting requirements;

(8) responsibilities as a generator and as QA personnel;

(9) liabilities associated with transporting hazardous materials;

(10) technical assistance hotline numbers, web sources, and sources of training; and

(11) manifest preparation checklists.

The EP can be found on the Internet at:

http://www.usace.army.mil/inet/usace-docs/eng-pamphlets/ep.htm

b. The HTRW CX publishes a newsletter titled "Environmental Compliance and

Transportation Information Bulletin" for distribution to districts and divisions. The document

disseminates changes in hazardous material transportation requirements and regulations. The

Bulletin is available on the Internet at:

http://www.environmental.usace.army.mil/info/technical/comply/complpub/complpub.html

c. The HTRW CX also has a web site that contains additional HTRW regulatory

compliance information. Most helpful would be the Environmental Regulatory Fact Sheets and

Frequently Asked Questions. The web address is as follows:

http://www.environmental.usace.army.mil/info/technical/comply/comply.html

d. In addition, all field offices that transport hazardous materials must have access to the

latest federal and state regulations in order to keep current with all requirements. The Code of

Federal Regulations is now available on the Internet at:

http://www.access.gpo.gov/nara/cfr/cfr-table-search.html

e. Field personnel also need to review state regulations for appropriate requirements as

they often differ from the Federal requirements. State regulations are available to government
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employees at no cost on the Internet at:

http://www.denix.osd.mil/
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8-1

SECTION 8

CLOSEOUT PROCEDURES

8-1. General. This section provides procedural information on accomplishing operable unit

completion, construction completion, site completion, and site deletion. This guidance applies

only to those sites that are on the NPL. Additional guidance on closeout and 5-year review of

sites is provided in the following documents:

a. OSWER Directive 9320.2-09A-P, “Close Out Procedures for National Priorities List

Sites”, January 2000.

b. OSWER Directive 9355.7-02, “Structures and Components of Five-Year

Reviews;” and

c. OSWER Directive 9355.7-03B-P, “Comprehensive Five-Year Review Guidance;”

8-2. Definitions.

a. Section 105 of the Comprehensive Environmental Response, Compensation, and

Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and

Reauthorization Act of 1986 (SARA), requires EPA to maintain a National Priorities List (NPL)

on uncontrolled hazardous waste sites that have released or pose a threat of release of hazardous

substances into the environment. Sites on the NPL are eligible for Superfund-financed remedial

actions.

b. Superfund addresses NPL sites through early and long-term actions using removal

and/or remedial authority. Early actions are cleanup actions that take less than five years to

complete. They achieve prompt risk reduction and are performed under either removal or

remedial authority. Cleanup actions that take more than five years to implement are called longterm actions. Long-term actions are conducted under remedial authority and achieve risk

reduction through more extensive remediation activities.

c. Cleanup activities under remedial authority are called remedial actions (RA). An RA

typically begins at an NPL site after completion of the remedial investigation/feasibility study

(RI/FS). The RI/FS determines the nature and extent of contamination, and identifies

alternatives for the remedy. EPA’s Record of Decision (ROD) documents the remedial activities

selected to achieve protectiveness. RAs are designed to protect human health and the

environment, and they include treating, containing, and removing contaminated material;

providing alternate water supplies; and/or imposing institutional controls that address site use.
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Treatment that reduces waste toxicity, mobility, or volume is the preferred cleanup action.

However, not all the waste needs to be treated or removed as long as protectiveness is achieved.

d. A Superfund site may require several RAs to address all the site hazards. In that case,

the site is divided into distinct segments known as operable units. Completion of an operable

unit (OU) can be achieved through early actions, long-term actions, or a combination of both.

e. Long-Term Remedial Actions (LTRAs) are typically response actions undertaken for

restoring ground or surface water quality and require a long period of operation and

maintenance.

f. EPA introduced the site construction completion date to capture a milestone in site

remediation prior to site deletion and to communicate more accurately the progress of NPL site

cleanups. Construction completion at a site occurs when: (1) the physical construction of the last

OU (or the single OU) is complete (whether or not final cleanup levels have been achieved), and

(2) the preliminary closeout report has been prepared and signed. The signature date of the

report marks the construction completion milestone date. Construction completion criteria are

satisfied when the final remedy or remedies have been constructed at the site in accordance with

design plans and specifications and a pre-final inspection has been conducted to document punch

list items. The punch list items (in this context) are described as activities that are part of the

contract specifications that do not affect the functioning of the remedy. Typical punch list items

that allow a construction completion determination include items such as: revegetation of

disturbed areas, removing construction debris, installing support equipment such as fire

extinguishers, demobilizing activities, installing monitoring wells, etc.

g. A remedy becomes operational and functional (O&F) when the remedy is determined

to be functioning properly and is performing as designed. For O&M transfer purposes, the

remedy becomes operational and functional either one year after the construction is accepted (the

one year period is known as the shake down period) or when EPA and the state concur that it is

performing as designed, whichever occurs first. The shake down period enables minor

modifications in the remedy to ensure the remedy is operating as designed.

h. Remedial Action Report (RA). The RA Report documents the cleanup activities that

took place at a single operable unit and is prepared upon completion of the shake down period

(when the remedy is determined to be operational and functional). For multiple OUs, an RA

report must be completed for each OU, including the final operable unit. For LTRAs, an interim

RA Report is prepared when the physical construction of the system is complete and the OU is

operating as designed. The report is amended and completed when the LTRA cleanup standards

specified in the ROD are achieved. The RA report includes information of all early and longterm actions within the OU. In addition, it documents that the cleanup standards specified in the

Record of Decision (ROD) have been met. At PRP-Lead sites, the RA report also certifies that

the requirements in all applicable enforcement documents have been satisfied. The RA report
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becomes part of the site completion documentation. The elements of the RA report are as

follows:

(1) Description of the site and remedies selected;

(2) Chronology of events;

(3) Performance standards and construction quality control;

(4) Construction activities;

(5) Final inspection;

(6) Certification that the remedy is O&F;

(7) O&M plan; and

(8) Summary of project costs.

i. Operation and maintenance (O&M) activities are performed to protect the integrity of

the remedy at the site. At fund-lead sites, the state performs O&M after the remedy is declared

to be operational and functional. Exceptions to this are LTRAs where EPA operates the system

for up to 10 years.

j. Site completion occurs when no further response is required at the site (except for

O&M activities that are performed or controlled by the state or responsible parties), the

constructed remedies are operational and performing according to engineering design

specifications, all cleanup goals have been achieved, and the site is deemed protective of human

health and the environment. When site completion requirements are achieved the RPM prepares

a draft Final Closeout Report (COR). The RPM sends the draft report to EPA Headquarters for

comments, and requests the Regional Administrator’s signature of the final report after

incorporating Headquarters’ comments. Once site completion is achieved, the site becomes a

candidate for NPL deletion.

k. When no further response is required after site completion, the site is eligible for

deletion from the NPL. This stage is known as site deletion. Essentially, this process entails

documenting the response activities for the site, verifying that activities have been conducted and

documented, and offering the public an opportunity for notice and comment before the site is

formally deleted from the NPL.

l. Preliminary Closeout Report. A Preliminary Closeout Report (PCOR) is required

when site construction completion is achieved prior to site completion (i.e., when cleanup levels
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specified in the ROD have not been met when construction completion is achieved). The PCOR

demonstrates and documents that construction at a site has been completed. The PCOR focuses

on site conditions, construction activities, construction QA/QC, and a detailed schedule of steps

remaining for site completion. The report is prepared by the EPA RPM and is sent to EPA

Headquarters for comments. After incorporating Headquarters’ comments and obtaining the

signature of the EPA Superfund Regional Division Director, the report is forwarded to EPA

Headquarters. The construction completion milestone is achieved on the date the PCOR is

signed. A PCOR may not be needed when construction and site completion are achieved

simultaneously. In these cases, the Final Closeout Report satisfies documentation requirements

for both events.

m. Final Closeout Report. When site completion requirements are achieved, a Final

Closeout Report is prepared. The final COR consolidates the results of all previous site activities

and ensures that all issues regarding site completion have been addressed (e.g., O&M assurances,

cleanup concentrations, and implementation of institutional controls).

8-3. Operable Unit Completion Milestone.

a. Operable unit completion is achieved when:

(1) All construction activities within the OU are complete;

(2) The contractual final inspection (attended by EPA, state, customer, etc. has been

conducted and the work has been accepted;

(3) The remedy is operational an functional; and

(4) The designated regional or state official signs a letter accepting the RA Report.

b. The NCP requires an additional set of inspections at fund lead sites to satisfy the

operable unit completion milestone criteria. An inspection is conducted jointly by EPA and the

state at the end of all construction activities to concur that the remedy has been constructed in

accordance with the ROD and the remedial design. This inspection can be conducted in

conjunction with the contractual final inspection. This requirement applies mostly to sites

requiring O&M. During this inspection, EPA and the state determine concurrently the beginning

of the shake down period or O&M testing period. The remedy becomes operational and

functional either one year after the construction is accepted or when the EPA and the state concur

that the remedy is performing as designed, whichever occurs first. In the latter case, the NCP

requires an additional EPA/state joint inspection to declare the remedy operational and

functional.
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c. Normally, the primary contracting/oversight party is tasked with preparing the RA

report. For USACE projects, this responsibility will be included in the work assignment or the

Interagency Agreement (IAG). The RA report is prepared by an individual who is familiar with

both the design and construction efforts associated with the RA (usually the RE) and should be

signed and dated by the preparer. The report will then be submitted to the RPM for review and

comment. Once the RPM’s comments are incorporated, the designated regional official signs a

letter accepting the final RA Report.

d. For LTRAs, an interim RA Report is prepared when the construction of the system is

complete and the unit is operating as designed. The report is amended and completed when the

LTRA cleanup standards specified in the ROD are achieved.

e. Completion of the final operable unit frequently means the site is eligible for

construction completion and eventually site completion. Initiation of the operable unit

completion and construction completion process can be simultaneous requiring the preparation

of many reports. However, an RA Report for the final operable unit must still be prepared.

8-4. Construction Completion Milestone.

a. When the physical construction at the NPL site is complete, the RE will assist the EPA

RPM in completing the PCOR report by providing any requested documentation, information

and data.

b. NPL sites that are fully addressed by early actions under removal authority (i.e.,

removal actions) can meet the construction completion and site completion simultaneously. In

such cases, a PCOR may not be needed. The Final Closeout Report can satisfy documentation

requirements for both events.

c. Construction completion criteria at LTRAs sites is met when the physical construction

of the remedy (e.g., construction of the treatment plant, pumps, and initial extraction wells) is

complete and a pre-final inspection has been conducted to document punch list items. The

PCOR should address five-year review requirements even though this milestone is independent

from site completion and site deletion.

d. The process of achieving construction completion for final OUs with bioremediation

and in-situ soil vapor extraction remedies is similar to that for LTRAs. When the remedy is

constructed, and no further construction is anticipated, these sites may qualify for inclusion on

the Construction Completion List. The key criterion is whether the follow-on work necessary to

operate the remedy is minor. If significant post construction activity is likely, the site is not

candidate for construction completion.

e. A site may be included in the Construction Completion List before monitoring
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activities or institutional controls are in place if those activities are included in the PCOR.

Although future RAs may or may not result from such monitoring, the need for monitoring (as

long as it is not significant or is considered part of O&M activities) does not prohibit listing a site

as a construction completion. Institutional controls are legal and administrative measures to

prevent exposure to contaminants at concentrations above health-based risk levels that may

remain at a site. Usually institutional controls limit activities at or near sites. Examples are: land

and natural resource restrictions, deed restrictions, prohibition of well drilling, building permits,

etc. Institutional controls may constitute a remedy by themselves or supplement containment

and treatment remedies to reduce potential threats to human health and the environment.

f. If the site is a No-Action ROD site where EPA has not previously undertaken a RA,

the construction completion and site completion milestones may be achieved when the ROD is

signed. A No-Action ROD results when the lead agency determines that no remedial action is

necessary to protect human health and the environment. If the site is a No-Action ROD site, no

Preliminary or Final COR is needed and the following certification of completion is included in

the declaration section of the No-Action ROD: “EPA has determined that its response at this site

is complete and no action/no further action is necessary at this site. Therefore, the site now

qualifies for inclusion on the Construction Completion List.”

g. No-Action RODs where EPA has previously conducted RAs triggers statutory

documentation requirements. At those sites, the RPM may choose to either prepare a Final COR

or a No-Action ROD that: (a) Incorporates the information normally included in the Final COR

and (b) includes the above certification of completion. The construction completion and site

completion milestones are achieved upon signature of either the No-Action ROD or the Final

COR.

h. A site with a final operable unit ROD requiring passive remediation only may achieve

construction completion when the delegated regional official approves the ROD.

Implementation of institutional controls is an example of passive remedies as are some types of

bioremediation and natural attenuation. No-Action RODs requiring monitoring only (for other

than O&M purposes) fall within this category. These No-Action RODs do not meet the

requirements of construction completion and site completion simultaneously as site completion

is not achieved until such time as all cleanup levels and other ROD requirements have been met.

The RPM does not need to prepare a PCOR to meet the construction completion criteria.

Instead, the following certification of completion is placed in the declaration section of the ROD:

“EPA has determined that its future response at this site does not require physical construction.

Therefore, the site now qualifies for inclusion on the Construction Completion List.”

i. Construction completion criteria for PRP projects are identical to those for fund lead

projects. Inclusion of a site on the Construction Completion List does not have any legal

significance and does not affect any enforcement agreement with PRPs.
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j. Construction completion procedures for Federal sites are identical to those for PRPfinanced RAs. A signed PCOR or No-Action ROD generally documents construction

completion.

k. For state-lead sites with no ROD and sites where the state assumes all responsibility

for overseeing PRP response actions, additional documentation is required. EPA includes these

sites on the Construction Completion List based on a determination by the state that all response

action is complete. To initiate the construction completion process, EPA must receive a letter

from the state’s Division Director (or equivalent) certifying completion as follows: “The state of

_____ has determined this site is protective of human health and the environment. Therefore, all

response action at this site is complete and no further construction is anticipated.” In most

instances, the state prepares the PCOR and EPA concurs with this decision by signing the PCOR

and by including the site in the Construction Completion List.

8-5. Site Completion. A site is eligible for site completion following successful

implementation of the final operable unit RA. Approval of the final COR signifies that all

cleanup levels specified in the RODs have been achieved and the site has entered O&M. A

Remedial Action Report for each operable unit, including the final, is required to document that

the work was performed according to design specifications. An RA report, however, cannot

document site completion. Only the Final COR satisfies completion requirements. The

following describes NPL site completion requirements for cleanup activities under removal and

remedial authority:

a. NPL sites addressed entirely by early actions under removal authority reach the

construction completion and site completion simultaneously when: (1) the RPM documents in

the final Pollution Report (POLREP) that the site contractor has demobilized and left the site or

that the PRP's contractor has completed the early action in accordance with the enforcement

document, and (2) a No-Action ROD or a Notice of Intent to delete (NOID) states that all

necessary remediation is complete. In general, cleanup actions under removal authority will not

have a ROD.

c. Sites addressed under remedial authority are eligible for site completion when all

early and long-term actions have been implemented and the site completion criteria are met.

When site completion requirements are achieved, the RPM prepares a draft final COR. The

RPM sends the draft report to EPA Headquarters for comments and requests the Regional

Administrator’s signature of the final COR (after incorporating Headquarters’ comments). If the

ROD for the final operable unit requires no additional cleanup activities, site completion can be

documented through either a final COR or a No-Action ROD. The No-Action ROD, however,

should address all the components of a final COR including information on previous site

activities. RODs requiring passive remediation or monitoring for other than O&M purposes do

not meet the site completion criteria immediately following the ROD signature. Once the
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institutional controls are in place, natural attenuation has reached the clean-up concentrations, or

all monitoring requirements specified in the ROD are met, the site is eligible for site completion

and site deletion. If a site requires no response action, the EPA RPM prepares either a NoAction ROD or a final COR (in an abbreviated form because there was no cleanup activities).

c. The final COR provides the overall technical justification for site completion. Usually

the RPM prepares the final COR, but the RPM may task the state to prepare it at state-lead sites.

8-6. Site Deletion.

a. The NPL deletion process begins at most sites once the site completion milestone has

been achieved. Site deletion requirements ensure that: (1) the documentation of activities and

decision making at the site is complete, (2) the activities conducted and documented are verified,

and (3) the public has an opportunity for notice and comment before a site is formally deleted

from the NPL. O&M activities which are performed (after the remedy is determined to be

operational and functional) to protect the integrity of the remedy at the site do not bar deletion.

LTRAs meet the requirements of site completion and site deletion when the LTRA cleanup

standards specified in the ROD are achieved.

b. The deletion process is divided into three steps: process initiation, publication of

Notice of Intention to Delete, and preparation of a responsiveness summary.

c. The following flow diagram (Figure 8-1) summarizes the CERCLA NPL Site

Closeout Process.
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8-9

NPL SITE CLOSEOUT PROCESS

 Figure 8-1, NPL Site Closeout Process

8-7. Five-Year Review Program.

a. Sites Subject To Review. EPA will conduct a statutory review at any site at which a

Post-SARA remedy, upon attainment of the cleanup levels, will not allow unlimited use and

unrestricted exposure (i.e., the remedy will leave waste onsite after response is complete). EPA

will conduct a policy review of (1) sites where no hazardous substances will remain above levels

that allow unlimited use and unrestricted exposure after completion of the RA, but the cleanup

levels specified in the ROD will require five or more years to attain (such as LTRAs); and (2)

pre-SARA sites at which the remedy, upon attainment of the ROD cleanup levels, will not allow

Remedial Design (RD)

Remedial Action (RA)

Site Construction Completion - physical construction complete for entire site

- no further construction deemed necessary

- does not require attainment of clean-up levels

- closeout report (COR) completed

Site Completion - clean-up levels attained

- all clean-up actions implemented

- constructed remedies operational and functioning in accordance

with design specifications

- site is protective of human health and environment

- only remaining activities are O&M

Site Deletion - all required response actions implemented

- or, RI showed release poses no threat to public health or

environment, therefore, no remedial measures are necessary
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8-10

unlimited use and unrestricted exposure. Although a site may have a No-Action ROD or a no

further action ROD, if waste remains onsite, and continued monitoring and/or access and

institutional controls are required, the site is subject to five-year review.

b. Timing. The events that trigger reviews differ for statutory and policy reviews.

Statutory reviews are triggered by the initiation of the RA (actual RA onsite construction start

date); policy reviews are now triggered by construction completion. All subsequent statutory

and policy reviews are due five years after the completion date of the previous review. If a site

has multiple OUs, the triggering event for a statutory review is the initiation of the RA at the first

OU at which substances will remain above levels that allow for unlimited use and unrestricted

exposure after completion of the RA. In cases where separate five-year review reports are

written for different OUs, the trigger appropriate to that OU should be used.

c. Prioritization. If an EPA Region has a backlog of uncompleted reviews the region

should prioritize them. The first priority should be for all statutory five-year reviews, the second

priority should be policy five-year reviews at sites where the lead agency has completed the RA

and is no longer onsite, and third priority should be all remaining policy sites.

d. Discontinuation. CERCLA does not provide for the discontinuation of statutory

reviews. Sites are subject to statutory reviews if hazardous substances, pollutants or

contaminants will remain at the site above levels that allow for unlimited use and unrestricted

exposure after the completion of RA. In other words, if the remedy upon completion will not

meet health-based standards such as chemical-specific ARARs, five-year reviews cannot be

discontinued. EPA may discontinue policy five-year reviews when no hazardous substances,

pollutants or contaminants remain at the site above levels that allow for unlimited use and

unrestricted exposure. Upon determination that a five-year policy review is no longer necessary,

a cover letter from the Regional Administrator to EPA Headquarters should accompany the fiveyear review report, stating that the region has decided to discontinue reviewing the site. The

report should document that contaminants of concern are below appropriate levels and that the

remedy meets ARARs.

e. Deletion of Sites From the NPL. Deletion of a site from the NPL has no bearing on

whether or not five-year reviews can be discontinued. It is EPA’s policy to delete sites from the

NPL when applicable NPL deletion criteria have been satisfied. EPA will not retain sites on the

NPL solely because they are subject to five-year review. The five-year review requirement is

separate from, and unaffected by, the deletion process. Sites requiring a five-year review must

have that review regardless of whether they are still on the NPL.

f. Responsibility for Five-Year Reviews. EPA is responsible for the conduct of all fiveyear reviews of NPL sites, except those sites under the responsibility of DOD, DOE, or the Coast

Guard. For other Federal facilities where EPA and the pertinent agency or department has

entered into a site-specific Federal Facility Agreement (FFA), EPA may delegate the conduct of
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five-year reviews to that agency or department. Federal agencies are responsible for planning

and funding the costs of five-year reviews at Federal facilities under their jurisdiction, custody,

and control. When EPA incurs substantial expenses (e.g., for data review and analysis, or

oversight) in connection with a five-year review being conducted pursuant to a FFA, that

agreement may require or otherwise set forth, the procedure for the other Federal agency to

reimburse EPA for those expenses. EPA has the final responsibility to review and comment on

any Federal agency recommendations contained in the five-year review to ensure protectiveness

consistent with its statutory and regulatory duties. Thus, even if EPA has delegated its conduct

of a five-year review to a Federal facility, EPA remains responsible for ensuring the remedy is

protective of human health and the environment. In most cases, EPA will maintain a limited

oversight and concurrence role where it is not the lead Federal agency. In the absence of an

agreement specifying which agency should perform the review, the responsibility for conducting

the review rests with the EPA.

g. Overview of the Five-Year Review Process. The five-year review process is

summarized in the following steps: (1) planning for the review which includes assembling the

five-year review team, establishing a schedule, notifying the site manager/local authorities, and

obtaining site documents; (2) as part of a five-year review, a number of documents are typically

reviewed. These include the examination of ROD or equivalent remedial and enforcement

documents, O&M documents, legal and regulatory standards, toxicology databases, and other

scientific data; (3) interviews conducted with individuals and groups such as the O&M Site

Manager, O&M staff, local authorities and response agencies, community action groups, and

other stakeholders. The interviews should address any problems or successes with the

implementation of the remedy and provide suggestions for future reference; (4) a site visit to

observe site conditions and review documents at the site; (5) evaluation of findings - information

gathered through document reviews, interviews, site visits and other review activities are used to

develop conclusions supporting the protectiveness determination, identify deficiencies, and

develop recommendations; (6) a report is prepared for each five-year review. The report

documents whether the remedy remains protective of human health and environment and what

actions are needed to achieve or continue to assure protectiveness; (7) follow-up on

recommendations - the five-year report includes recommended actions necessary to achieve or

continue to assure protectiveness and a timetable for implementing them. The EPA regions

follow-up on the implementation of recommended actions, and report progress to EPA HQ

within one year of the signature date of the five-year review report; and (8) involving the

community - EPA informs the public when a five-year review is to be performed and initiates

community involvement in the five-year review process.
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SECTION 9

CONTRACT TYPES

9-1 Introduction. The very nature of HTRW remediation not only creates the need for more

innovative methods for cleaning up hazardous sites, but also requires innovative types of

contracts to accomplish cleanup missions. This section summarizes the various contracts used by

the USACE for remediation services and presents an overview of their advantages over

traditional contracting methods. It is the policy of the USACE to maximize use of sealed bid

procedures for execution of its contracts. The policy is in accordance with 10 U.S.C. 2304 (a)

and FAR 36.103. Most construction contracts follow the typical sequence of completion of

design before initiation of construction. Most of these same contracts are executed by sealed bid

procedures and awarded as a firm-fixed price (FFP) contract. However, remediation activities

typically include many unknowns, and do not always involve construction. Most criteria are

performance based and involve subsurface conditions, quantities, and concentrations that are

difficult to define. These uncertainties make it impossible, in many cases, for technical planners

and the contracting community to accurately define the remediation requirements.

Characterization of sites presents special contracting problems, as does the need for continuity of

the entire work effort. Federal, state, and local regulatory agencies significantly impact the

contracting strategy as does the potential threat to life and property. Therefore, when developing

contracting strategies, project objectives, client organization, and external influences/pressures

should be considered. Contracting strategies should also consider the number of contracts,

criteria for award, and type of contract to be utilized. The contract delivery strategy should

include a review of the contract options available by comparing all project requirements with the

contracting methods available. For this reason, contract forms other than Invitation for Bid (IFB)

are commonly used to achieve environmental restoration. Any contract type other than an IFB

negotiated. Negotiated contracts can be either cost-reimbursable or firm fixed price. Some

contracts are specific to the job, others are indefinite delivery/indefinite quantity (ID/IQ) with the

flexibility to issue task orders specific to the job. These features are described in the following

paragraphs.

9-2 Contract Methods. Negotiation is one of two major methods of arriving at a price for a

project. The other method is "sealed bidding" which requires contracts be awarded to responsive

and responsible offerors only on the basis of price and price-related factors. Negotiation can be

utilized with competitive or other-than competitive proposals. Any contract awarded without the

use of sealed bidding is a negotiated contract. The key benefit of the negotiated contract is that it

is a flexible, but orderly, procedure that includes the receipt of proposals from offerors, permits

bargaining, and usually affords offerors an opportunity to revise their offers before the award of a

contract. Negotiation is used for both fixed price and cost-reimbursable contracts.
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9-3 Contract Pricing. Contract pricing arrangements can either be "fixed price" or "costreimbursable." If the nature and quantity of unknowns is such that a fixed price contract can not

be defined, the contractor’s accounting system is adequate for the determination of costs

applicable to the contract, and the government surveillance during performance will be such to

provide reasonable assurance that efficient methods and cost controls are used, then a costreimbursable contract can be used. For information on USACE procedures for administration of

cost contracts refer to the following web site:

http:\\hq.environmental.usace.army.mil/tools/reimburse/reimburse.html

9-4 Indefinite Delivery/Indefinite Quantity Contracts. Indefinite delivery/indefinite quantity

(ID/IQ) contracts are basic contracts against which task orders are issued. The task orders are

issued and treated as separate projects. Basic contract management procedures or advance

agreements may govern matters related to all task orders under the basic contract. Dollar ceilings

are established for the total value of all task orders to be issued and can be established for

individual task orders.

9-5 Service Versus Construction Contracts. Many procurements for remediation actions are

actually "service" not "construction" contracts. It is fairly common for task orders of contracts,

or full contracts, to be issued as "service" with separable "construction" items within the broader

service contract. The impact is, that a portion of the workers on site will be covered by the

Service Contract Act wage determination and others will be covered by the Davis Bacon Act,

construction wage determination. In addition, there is no requirement for a performance bond on

a service contract. There is also no requirement for a performance bond on a cost reimbursable

construction contract except for the portion of the contract that comprises a fixed price

subcontract greater than $100,000. Finally, the warrants held by most area/resident/project

engineers are for construction contract actions and are not applicable to service contract actions.

Incineration, disposal, and operations and maintenance contracts have been appropriately

classified as service contracts.

9-6 Major HTRW and OE Contracts. USACE utilizes many different contract strategies to

execute its HTRW and OE missions. Table 9-1 compares and contrasts several contracting

methods for remediation services which have proved to be especially effective in dealing with the

uncertainties of HTRW and OE work:
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Table 9-1

Major HTRW and OE Contract Tools

Contract Tool ID/IQ or

project

specific

Ceilings Typical Use Contract

Pricing

Authority

Delegated to

Field

Invitation for Bid Project

Specific

None –

determined by

bid

Construction/

Service

Firm Fixed

Price

ACO

Request for

Proposal

Project

Specific

None −

determined by

bid

Construction/

Service

Firm Fixed

Price/CostReimbursable

ACO/COR

Preplaced

Remedial Action

Contract (P-RAC)

ID/IQ Typically

$50 M ceiling

Typically no task

order limit

One year base

contract with

four 1-yr options

Construction/

Service

(only incidental

A-E services)

CostReimbursable

 - with -

Fixed Fee

Award Fee or

Incentive Fee

 - or -

 Fixed Price

ACO, unless

service, then

COR only

Total

Environmental

Restoration

Contract

( TERC)

ID/IQ Typically greater

than $200 M

Typically no task

order limit

One four year

base contract

with two 3-yr

options

Cradle to Grave

Investigation,

Design,

Construction/

Service

CostReimbursable

 - with -

Fixed Fee

Award Fee or

Incentive Fee

COR

Multiple Award

Remediation

Contract (MARC)

ID/IQ Collective

ceiling is

established for

multiple

contracts.

 i.e.,

One award could

be $100 M for

four contracts.

One contractor

could get the

bulk of that.

Construction/

Service (only

incidental A-E

services)

CostReimbursable

 - with -

Fixed Fee

Award Fee or

Incentive Fee

 - or -

 Fixed Price

ACO, unless

Service, then

COR only
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9-4

Table 9-1

Major HTRW and OE Contract Tools (Continued)

Contract Tool ID/IQ or

project

specific

Ceilings Typical Use Contract

Pricing

Authority

Delegated to

Field

Small Action

Remedial Tool

Contract (SmART)

ID/IQ Less than $3M

contract ceiling

$500,000 or no

task order limit

One two year

base with one

three year option

Construction/

Service (only

incidental A-E

services)

Firm Fixed

Price

ACO, unless

Service, then

COR only

Rapid Response ID/IQ Typically $50M

Typically no task

order limit

One base year

with four one-yr

options.

Emergency or

Time Critical

Construction/

Service

Cost

Reimbursable

with Fixed Fee/

Fixed Price

None,

retained in

Omaha

Miscellaneous ID/IQ Varies

extensively

Drilling,

Analytical

Services,

Sampling,

Geophysical

Services, Tank

Removal, Long

Term O & M,

Asbestos/Lead

Removal

Typically Fixed

price/Cost

Reimbursable

COR

Time and

Materials

ID/IQ Varies by

contract

Typically has

been used for

ordnance

removal or

emergency

situations

Reimbursement

of labor at fixed

hourly rates

(which include

profit) and cost

only for

material

ACO, unless

service, then

COR only
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SECTION 10

ORDNANCE AND EXPLOSIVES (OE)

10-1. Background.

a. In conjunction with its other missions, the USACE is responsible for managing

environmental restoration projects in the specialized field of OE at Formerly Used Defense Sites

(FUDS) and for providing OE services to other customers (e.g., BRAC, IR, etc.) as requested.

b. The U.S. Army Engineering and Support Center, Huntsville (CEHNC) is designated,

in ER 1110-1-8158, as the USACE OE Mandatory Center of Expertise (MCX) for OE and is also

an OE Design Center. Current MCX guidance documents can be found on the OE Homepage:

http://www.hnd.usace.army.mil/

c. Typically, the OE Design Center designs the OE project and then conducts the OE

Removal through existing contracts. The district is the Project Manager (PM) during removal

actions and coordinates all project activities with engineering, safety and contract expertise

provided by the OE Design Center through project completion.

d. Districts may execute final removal actions when approved by the MSC Commander

after receiving written concurrence from the OE MCX. This process is described in ER 1110-1-

8153 and the FUDS Program Manual (for FUDS projects).

10-2. General.

a. The OE Response process is defined in ER 1110-1-8153, EP 1110-1-18 (Chapter 5),

and the FUDS Program Manual (for FUDS projects).

b. For projects under the management of an active or transferring installation, the

installation may want to retain some degree of management control. In such cases, the PM will

hire the appropriate OE Design Center to provide USACE assistance in a manner that is

transparent to the customer, but the PM will remain the interface with the installation.

c. Districts preparing to work on a project (FUDS, BRAC, IR, SFO, etc.) with known or

suspected OE (including Civil Works) will coordinate the project with the OE Design Center and

the OE MCX as defined in ER 1110-1-8153. Once notified, safety issues will be addressed and a

determination will be made concerning the appropriate actions to be taken.
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d. OE concerns will be addressed before initiating any work on a project. The type of

OE action required (i.e., OE removal, anomaly avoidance, OE support during construction, etc.)

will be determined on a case-by-case basis. The district is responsible for preparing the scope of

work and work plans for ordnance/anomaly avoidance and OE support during construction.

These documents require OE MCX review. The OE MCX will provide written concurrence or

non-concurrence.

10-3. Definitions.

a. Ordnance and Explosives (OE). OE consists of either (1) ammunition, ammunition

components, chemical or biological warfare material or explosives that have been abandoned,

expelled from demolition pits or burning pads, lost, discarded, buried, or fired. Such

ammunition, ammunition components, and explosives are no longer under accountable record

control of any DOD organization or activity, or (2) explosive soil (see below).

b. Explosive Soil. Explosive soil refers to mixtures of explosives in soil, sand, clay, or

other solid media at concentrations such that the mixture itself is explosive. Typically, this

means in concentrations of 10% or more by weight. This is not defined for all types of

explosives. See ER 1110-1-8153 for a complete definition and contact the OE MCX for current

guidance on this issue.

c. Ordnance/Anomaly Avoidance. This refers to techniques employed by Explosive

Ordnance (EOD) or Unexploded Ordnance (UXO) personnel at sites with known or suspected

OE to avoid any potential surface UXO and any subsurface anomalies. This usually occurs at

mixed hazard sites when HTRW investigations must occur prior to execution of an OE removal

action. Intrusive anomaly investigation is not authorized during ordnance avoidance

operations.

d. OE Support During Construction. This is support provided by qualified UXO

personnel during construction activities at potential OE sites to ensure the safety of construction

personnel. Coordination with the OE MCX to determine the type of support is required. See ER

1110-1-8153 for complete definition.

e. Unexploded Ordnance (UXO). UXO refers to military munitions that have been

primed, fuzed, armed, or otherwise prepared for action, and have been fired, dropped, launched,

projected or placed in such a manner as to constitute a hazard to operations, installations,

personnel, or material and remain unexploded either by malfunction, design, or any other cause.

f. Chemical Warfare Materiel (CWM). This refers to items configured as a munition

containing a chemical substance that is intended to kill, seriously injure, or incapacitate a person

through its physiological effects. It also includes V- and G- series nerve agent, H- series blister
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10-3

agent and lewisite in other-than-munition configurations. Due to their hazards, prevalence, and

military-unique application, chemical agent identification sets (CAIS) are also considered CWM.

CWM does not include: riot control agents, chemical herbicides, smoke and flame producing

agents, or soil, water, debris or other media contaminated with chemical agent.

g. Removal Action (RA). A RA is the actual cleanup or removal of OE from the

environment to include the disposal of removed material. The term includes, in addition, without

being limited to, security fencing or other measures to prevent, minimize, or mitigate damage to

the public health or welfare or to the environment.

10-4. Unplanned Discovery of OE. The OE Design Center typically performs removals when

OE is known, or suspected to be present, during the planning stage. In cases when OE, or

suspected OE, is unexpectedly discovered during construction or everyday operations at any

USACE project site, the following steps will be taken:

• Cease all operations;

• Contact the local EOD unit (for BRAC, IR etc.) or local law enforcement officials

for FUDS projects) who will respond and dispose of the item(s); and

• Notify the OE MCX to determine the conditions under which work may be resumed.

10-5. OE Safety.

a. Explosive safety requirements are contained in DOD 6055.9-STD, AR 385-64, and

AR 385-61. Projects involving OE will not begin field work until the appropriate plans and

explosive safety submissions are reviewed and approved by the proper authority.

b. OE Safety and Occupational Health requirements are found in ER 385-1-92. These

requirements will be covered in (ER 385-1-95) which will be published in the near future.

c. OE activities will be conducted by qualified UXO contractor personnel or USACE OE

Safety Specialists. Qualifications and work standards for conducting UXO work may be

obtained from the OE MCX. Some work practices are peculiar to UXO work such as number of

hours that may be worked while conducting UXO activities. Currently there is a limit of 40

hours per week with two consecutive days’ rest between work weeks.

d. The OE MCX may conduct spot checks of field operations at project sites where OE is

a concern.

e. Specific training requirements for OE project personnel are contained in Section 5 of

this pamphlet.
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f. Personnel without appropriate training, and non-essential personnel, will not be

allowed into an exclusion zone during UXO operations.

g. Points of contact for OE concerns and questions are located on the OE homepage.
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SECTION 11

OVERVIEW OF SPECIFIC REGULATED ACTIVITIES

11-1. General. This section describes common HTRW issues such as regulatory concerns,

worker safety, and disposal practices that arise during the demolition of facilities.

11-2. UST Removals. Underground Storage Tank (UST) removals must comply with

applicable Federal, state, and local regulations. The Federal Government has delegated the

authority to regulate UST’s to the states that in turn may delegate control to local governments

that have more stringent regulations than the state. However, many states do not yet have EPA

approved state programs and project personnel should check the most current volume of 40 CFR

282 to check the status of EPA’s approval for the state UST program in which the project is

located. Regulations vary by location and the responsible implementing agency (IA). Multiple

agencies are often involved in different aspects of a single project. The appropriate agency

approvals must be obtained for UST closures. Typically, the IA will provide regulatory and

closure information to anyone closing a UST. The RE must also keep the IA informed of

unforeseen contamination or other problems encountered during UST removal and closure

activities. Under no circumstances should a project be stopped and contamination left in the

ground without consulting with the IA.

a. References and Information. The following USACE references, in addition to the

appropriate IA regulations and guidelines, provide information concerning removal and closure

of UST’s:

(1) RE’s involved in UST projects should reference EM 1110-1-4006, “Removal of

Underground Storage Tanks.” This document contains USACE guidance on all phases of UST

work;

(2) The HTRW lessons learned database, described in Section 13, provides lessons

learned from USACE UST projects;

(3) USACE Personnel. USACE has extensive UST and drum handling experience. This

experience may be found in other construction offices, the designated HTRW design district, the

HTRW CX, and the OE MCX. See the list of HTRW projects/POCs in Appendix D;

 (4) CEGS 01351, “Safety, Health, and Emergency Response (HTRW/UST)” and CEGS

01450, “Chemical Data Quality Control,” should be used for all UST removal projects; and

 (5) CEGS 02115, “Underground Storage Tank Removal,” should be used for all UST

removal projects.
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11-2

b. Construction. Care needs to be exercised during tank excavation so that contaminated

material is not mixed with clean material. Keep surface water out of excavations to avoid

additional disposal costs. The RE should be familiar with all confined space safety requirements

and require strict compliance with current procedures. Plan with the contractor how your

partnership will react to the potential unknowns including notification requirements for

leakage/spills.

c. Regulatory Concerns. When removing underground storage tanks, the following

potential regulatory issues must be taken into consideration:

(1) The tank contents and any rinsate generated in the process of cleaning the tank

may be hazardous waste and/or Department of Transportation (DOT) regulated hazardous

material. However, any product in the tank, which can still be used for its original intended

purpose, for example, fuel would not be a hazardous waste. All wastes should be characterized

per 40 CFR 261 or corresponding state regulations. All shipments, whether products or waste,

should be evaluated to determine whether they are DOT regulated hazardous materials;

(2) The tank, if transported offsite intact and containing residue of a hazardous

material, may be subject to DOT packaging, marking, labeling, and/or placarding requirements

as well as shipping papers. It may be beneficial to clean and cut up the tank not only to render it

non-regulated, but also to ensure it is not put back into service at another location;

(3) Tanks exhibiting hazardous characteristics D018 - D043 may be able to take

advantage of an exclusion from hazardous waste regulations found in 40 CFR 261.4(b)(10). This

is a limited exclusion, however, and would not apply to tanks exhibiting an ignitability

characteristic or failing TCLP for lead;

(4) Tanks constituting hazardous waste, which do not qualify for an exclusion, can be

rendered non-hazardous via debris treatment standards in 40 CFR 268.45. However, treatment

may be subject to permit requirements unless cleaning takes place prior to the point of generation

of the waste; and

 (5) Tank coatings sometimes contain regulated substances such as PCBs or asbestos.

This can impact disposal requirements.

11-3. Drum Removals. There are a number of unique safety and environmental hazards

associated with drum handling at hazardous waste sites. The Comprehensive Environmental

Response, Compensation and Liability Act (CERCLA) of 1980 established a national program

for the cleanup of hazardous waste sites. When large numbers of buried drums are encountered,

it may be cost effective to perform compatibility testing and bulk drum contents on-site. The

bulk drums are subsequently shipped off-site for disposal. Information on drum handling can be
EP 415-1-266

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11-3

found in EPA publication EPA/600/2-86/013, "Drum Handling Practices at Hazardous Waste

Sites."

11-4. Asbestos. Asbestos-containing materials (ACM) must be identified and quantified prior

to renovation or demolition of any structure. ACM are defined as materials containing more than

one percent (1%) asbestos. Suspect materials installed prior to 1980 must be assumed to contain

asbestos unless inspected and analyzed using Asbestos Hazard Emergency Response Act

(AHERA) protocol (refer to references below).

a. Types of Asbestos. ACM are divided into two broad categories: friable and nonfriable. Friable is defined as ACM that can be crumbled in the hand. Friable asbestos is far

more dangerous since virtually any action including wind can stir up breathable fibers. Usually

all friable asbestos materials must be removed from a building prior to demolition. Friable

materials must be disposed of in a landfill approved by either the state or EPA and which is in

compliance with the requirements of 40 CFR 61.154 or an EPA approved site that converts

asbestos-containing waste materials into non-asbestos containing materials according to 40 CFR

61.155. Materials that often contain asbestos include the following: pipe and boiler insulation;

sprayed-on or troweled-on fireproofing, plaster and stucco; caulks and mastics; floor tile and

linoleum; and cement asbestos (transite) pipe, sheets, and shingles. Roofing materials have

relaxed requirements, but should be tested prior to disposal. Previously unidentified materials

found once demolition/renovation has begun usually result in a contract modification.

b. Asbestos Surveys. If no asbestos survey exists for the building(s) to be demolished or

renovated, one must be conducted by a certified asbestos inspector so that correct specifications

can be developed. If a survey exists, but was done more than 3 to 4 years ago, a confirmatory

inspection is required.

c. Regulations. The following paragraphs briefly describe some of the Federal

regulations which pertain to ACM. Local regulations must also be checked because they may

contain more stringent criteria than Federal requirements.

(1) NESHAP 40 CFR Part 61, Subpart M, requires the owner or operator of a facility to

determine the presence or non-presence of ACM prior to conducting renovation or demolition

activities. It also specifies requirements for the handling, shipping and disposal of regulated

ACM.

(2) OSHA standard 29 CFR 1926.1101 pertains to asbestos exposure in construction,

renovation, and building maintenance work places. Building owners are required to notify

employees, tenants, and prospective employers (e.g., bidding contractors) of the descriptions,

locations, and quantities of ACM at their facilities.

(3) The AHERA contains rules and regulations (40 CFR Part 763) addressing issues of

identifying, evaluating, and controlling asbestos containing materials in schools. The AHERA
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11-4

inspections must be conducted by certified individuals using specific guidelines which include

analysis of a minimum number of samples per material type to prove that a suspect material does

not contain asbestos. The majority of requirements found in 40 CFR Part 763 do not apply to

work being conducted at non-school structures. The requirements of the Model Accreditation

Plan (MAP) found in Appendix C to Subpart E of 40 CFR 763 apply to work done in public or

commercial buildings as well as to work done in schools.

d. Quality Assurance Personnel Responsibilities for Asbestos Abatement. It is USACE

construction policy that construction QA personnel enter the asbestos abatement areas and fully

QA the work performed. Two USACE documents, the newly revised CEGS 13280, "Asbestos

Abatement" and EP 1110-1-11, "Asbestos Abatement Guideline Detail Sheets," provide

comprehensive guidance for asbestos abatement activities. The CEGS requires that, upon

completion of the final cleaning, the contractor and the USACE authorized representative

conduct a visual inspection of the cleaned area and document the results of the final cleaning and

visual inspection as specified in the Setup Detail Sheet 19. Training is required before a person

enters an area where regulated asbestos abatement activities are taking place. Refer to paragraph

5-4 for training requirements. In addition, requirements for medical surveillance, personnel

protective equipment, respirators, and heat stress prevention must be observed. EP 1110-1-11

complements the guide specification and contains detail sheets pertaining to the asbestos

abatement process.

11-5. Lead-Based Paint (LBP). LBP should be identified prior to renovation or demolition

primarily for worker protection. Buildings that were built prior to 1978 are particularly suspect.

LBP is defined by the EPA and Housing and Urban Development (HUD) at ≥0.5 percent by

weight or ≥1.0 mg/cm2

 by area. Paint should be sampled and tested prior to renovation or

demolition, either with a direct-reading instrument (X-ray fluorescence) or by lab analysis of a

bulk sample.

a. LBP Removal. Generally, LBP need not be removed prior to demolition of a

structure. If the paint is peeling or flaking, it may require removal for worker protection.

However, there is no environmental regulatory requirement (EPA or TSCA) for paint removal

prior to demolition. The decision to remove LBP prior to demolition should be carefully

considered, as the unnecessary removal of LBP prior to demolition can be costly. If the decision

to remove LBP prior to demolition is made, it can be done by either pressure washing and wet

scraping to remove the paint that is not intact, or by spraying the structure with an encapsulate.

LBP becomes particularly hazardous whenever heated, sanded, or abraded. Coated items should

be stripped before applying heat, such as in cutting and soldering. Debris containing intact paint

can currently be disposed of as general construction debris. On 18 December 1998, EPA

proposed new regulations for the management and disposal of LBP debris. Final regulations

were not available at the time of the finalization of this guide; therefore, project personnel should

check with an environmental regulatory specialist prior to disposal of LBP debris to ensure

current regulatory requirements are being met. Paint that is removed by pressure washing or
EP 415-1-266

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11-5

scraping could potentially be classified as a RCRA hazardous waste. Proper waste

characterization should be conducted prior to the disposal of paint related wastes. Soils that have

been contaminated from peeling lead-based paint should be handled according to HUD

guidelines for housing and EPA guidelines for non-housing projects.

b. Worker Safety. Generally, workers not exposed to lead paint demolition debris for

more than 30 days annually require only LBP orientation. A contractor specializing in

demolition (greater than 30 days/year) will likely need to have workers trained in lead hazards

and placed in a medical surveillance program. LBP abatement should be done only by

contractors who are properly trained and certified.

c. Regulations. The following paragraphs briefly describe some of the Federal

regulations that pertain to LBP.

(1) The OSHA Lead Exposure in Construction Standard, 29 CFR 1926.62, applies to

employers of persons potentially exposed to lead from construction operations. Where the lead

exposure resultant from a given work activity is not known, the use of personal protective

equipment and engineered controls, coupled with exposure monitoring are generally required

until the exposure level is established. OSHA has stated that any detectable concentration of

lead may trigger certain provisions of 29 CFR 1926.62.

(2) HUD ACCN-5646, (1990; Rev May 1991) Lead-Based Paint: Interim Guidelines for

Hazard Identification and Abatement in Public and Indian Housing may also apply when LBP is

present during demolition activities.

(3) Toxic Substances Control Act Regulations, 40 CFR 745, Lead-Based Paint Poisoning

Prevention in Certain Residential Structures. These regulations contain training and certification

requirements for LBP abatement activities in target housing and child-occupied facilities.

(4) RCRA regulations for the Identification and Listing of Hazardous Wastes (40 CFR

261) and Standards Applicable to Generators of Hazardous Waste (40 CFR 262). These

regulations contain requirements for generators of waste to determine whether or not the waste is

a RCRA hazardous waste and establish required disposal requirements.

11-6. Bird, Bat, and Rodent Droppings. Bird, bat, and rodent droppings accumulate in and on

structures and machinery, creating an environment favorable to the development of disease

organisms. Infections from droppings typically occur by inhaling the pathogenic spores.

Droppings are most dangerous when they are dry and subject to becoming airborne as a fine

dust, such as when disturbed by sweeping or scraping.

a. Safety. Demolition of buildings containing droppings may cause pathogens to become

airborne in the breathing zone. When entering a building where excessive droppings have

accumulated, disposable shoe covers and protective gloves should be worn. Hands should be
EP 415-1-266

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11-6

washed thoroughly after removal of the gloves. U. S. Army Environmental Hygiene Agency, TG

142, Managing Health Hazards Associated With Bird and Bat Excrement provides additional

information on applicable safety procedures when dealing with droppings.

b. Cleanup. Safe cleanup of droppings is based on protection from spore inhalation and

minimization of spore dispersal. Although droppings are usually easier to remove when they are

dry, saturating them with water prior to removal is recommended to prevent the debris and any

pathogens from becoming airborne. This should be done with a low-velocity mist spray. Using

high pressure and/or a concentrated stream may scatter the droppings before they can be

adequately wetted. A portable, hand pressurized sprayer is satisfactory for applying limited

amounts of water. A vacuum with a high efficiency particulate air (HEPA) filter can be used to

pick up the accumulated debris. Disposal can be accomplished in a Class III landfill.

11-7. Incidental Radioactive Sources. The following paragraphs provide examples of

incidental radioactive sources that may be encountered during demolition activities. Regulatory

requirements for protection, monitoring, storage, and disposal of incidental radioactive sources

are described in 10 CFR 20, “Standards for Protection Against Radiation.”

a. Gauges and Instruments. The military used radium in gauges and instruments in

vehicles and aircraft. Radium was also occasionally used in compasses and radar devices.

Residue can be found in instrument shops and motor pools. Gauges typically contained between

1 and 15 microcuries of radium-226 per device. The average dose rate on contact with a radium

gauge may range from 50 microR/hr to 2 milliR/hour. The exposure to a worker's extremity

(such as the hand) cannot exceed 50,000 millirem/year (assume 1 millirem = 1 milliR).

b. Smoke Detectors. Many smoke detectors use a radioactive element to screen for

smoke. If crushed or disposed of improperly, these smoke detectors can release dangerous

amounts of contamination. Disposal should be in accordance with the manufacturer’s

recommendations.

11-8. Mercury. Mercury may be encountered during building demolition and may require

special handling and disposal. Mercury is commonly found in fluorescent light tubes,

thermostats, circuit boards, rectifiers, manometers, thermometers, and batteries. It is also likely

to be found wherever mercury has been routinely used such as in dental clinics using mercury

amalgams or in laboratories. Mercury is found in laboratories not only in equipment, but also as

a result of analysis. For example, a mercury compound is used in some test methods for

analyzing phosphorous and total kjeldahl nitrogen.

a. Regulations. Mercury is one of the hazardous constituents on the toxicity

characteristic leaching procedure (TCLP) table, 40 CFR 261.24, which may cause a waste to

exhibit a hazardous characteristic. Therefore, mercury-containing wastes are potentially subject

to requirements for generators of hazardous waste (40 CFR 262) and land disposal restriction
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11-7

treatment requirements (40 CFR 268). Mercury containing hazardous wastes have different

treatment requirements depending upon whether it is classified as high concentration or low

concentration mercury.

b. Regulatory Exceptions. Some mercury containing wastes may be excluded from

hazardous waste regulation. 40 CFR 261.9 allows mercury thermostats and fluorescent light

tubes to be managed as “universal waste” in accordance with regulations in 40 CFR 273. Many

states have adopted similar requirements. Through the universal waste program, they can be

collected and recycled in lieu of being managed as hazardous waste. Certain batteries may also

be managed as universal waste rather than hazardous wastes as stipulated by the MercuryContaining and Rechargeable Battery Management Act, Public Law 104-142.

11-9. Lighting Fixtures. Spent fluorescent light tubes and high intensity discharge (HID)

lamps contain mercury which, when disposed in a municipal landfill, can leach into the soil and

ground water. Spent fluorescent light tubes can be recycled, allowing for the recovery of the

mercury, glass, and aluminum end caps. These lighting fixtures must be managed in one of two

ways. Either they must be managed as a RCRA hazardous waste or as Universal Waste as per 40

CFR 273. 40 CFR 273 provides alternative management provisions using the more stringent

RCRA generator provisions. In order to utilize the provisions in 40 CFR 273, the applicable

state agency must adopt similar regulations within the generator’s state as well as the disposal

state. Light ballasts may also contain PCBs that can pose potential problems when good disposal

practices are not used. See paragraph 11-10 for additional information on PCBs in light ballasts.

11-10. PCBs. Polychlorinated biphenyl containing wastes may be encountered during building

demolition and may require special handling and disposal. PCB dielectric fluid is commonly

found in electrical equipment manufactured prior to 2 July 1979 including transformers, light

ballasts, large and small capacitors, circuit breakers, reclosers, voltage regulators, switches, oilfilled cable, and electromagnets. It has also been found in other areas such as in household and

industrial appliances, motors, and hydraulic equipment. PCBs were also widely found in

manufactured products. EPA has termed these as “PCB bulk product waste.” They are PCBs in

solids including but not limited to applied dried paints, sealants, caulking, adhesives, coal tar

coatings on underground tanks, plastic insulation from wire or cable, furniture laminates, sound

deadening or other types of insulation, and potting material within fluorescent light ballasts.

a. Restrictions on Storage. Once removed from service for disposal, PCB containing

wastes must be disposed of within one year. During this time, storage is limited to only 30 days

unless conforming storage is provided. See 40 CFR 761.65 for requirements.

b. Disposal Options. In lieu of disposal, PCB contaminated metal may be recycled by

sending it to a scrap metal recovery oven or smelter after all free-flowing PCBs have been

removed. Conditions and requirements for scrap metal recovery are specified in 40 CFR 761.72.

Flushing to remove high concentration PCBs prior to recovery may be required.
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11-8

(1) Disposal of PCBs is contingent primarily on concentration and leachability of the

PCBs. High concentration liquids, greater than or equal to 500 ppm PCBs must be incinerated.

Lower concentration PCBs liquids, greater than 50 ppm but less than 500 ppm PCB, can be

incinerated or burned in a high efficiency boiler. PCBs in oil at or above 2 ppm, but less than 50

ppm PCBs can be burned as off-specification used oil in an off-specification used oil boiler or

industrial furnace.

(2) Chemical waste landfills, which are TSCA approved landfills, can be used to dispose

of solids such as drained equipment. Equipment formerly containing high concentrations of

PCBs must usually be flushed to remove excess PCBs prior to being placed in the landfill.

Equipment formerly containing lower concentrations of PCBs (less than 500 ppm) can typically

be landfilled directly after draining in accordance with regulations in 40 CFR 761.60.

(3) Municipal solid waste landfills can be used to dispose of small, non-leaking

capacitors (those containing less than three pounds of PCBs); drained PCB contaminated

equipment formerly containing less than 500 ppm PCB; and PCB bulk product wastes (dried

applied paints, sealants, caulking, adhesives, etc.). However, prior to disposing of PCB bulk

product waste at a solid waste landfill, written notice must be provided to the landfill a minimum

of 15 days prior to the first shipment of waste. Depending upon the type of PCB bulk product

waste being disposed of, it may also be necessary to establish the leachability of the bulk product

waste because leachable wastes must be segregated from organic liquids in the landfill and the

landfill must be monitored for PCBs.

11-11. Lead in Firing Ranges. Facilities that are, or previously were, used as indoor firing

ranges pose a particular problem due to lead contamination. These facilities must be cleaned

prior to being used for something other than a firing range. Soil or sand that contains spent

ammunition could potentially be classified as a RCRA hazardous waste. Proper waste

characterization should be performed prior to disposal of firing range sands or soils. Surfaces of

the facility must be cleaned and sealed with paint or wax prior to reuse for purposes other than as

a firing range. Cleaning and sealing is not required for demolition.

11-12. Bioaerosols. Disturbance of air handling systems may cause the release of bioaerosols.

Bioaerosols include viruses, bacteria, fungi, molds, algae, and protozoa and their products.

Some bioaerosols cause infectious disease, and others produce toxins which may act as

sensitizing agents in allergic persons. The ideal breeding ground for bacterial molds and fungi is

an enclosed, dark, humid, controlled environment. Highly allergic individuals may react to

extremely small concentrations.
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SECTION 12

USACE OVERSIGHT OF RD/RA PROJECTS

12-1. Authority. This section covers USACE oversight of RD/RA projects on non-USACE

contracts. The oversight is provided to other governmental agencies such as DOE, EPA, etc. 

This section will focus on specifics of oversight for the EPA (under CERCLA/SARA), although

it may apply to other agencies (and programs) as well. Pertinent documents relating to this

subject which may be consulted for further information are as follows:

a. OSWER Directive 9355.5.01, Feb 1990, "Interim Final Guidance on EPA Oversight of

Remedial Designs and Remedial Actions Performed by Potentially Responsible Parties;" and

b. The site-specific IAG for oversight of RA.

12-2. Enforcement. When non-Federal Potentially Responsible Parties (PRP) elect to conduct

the RD/RA activities at a Superfund site, they must do so in accordance with the terms of the

negotiated Settlement Agreement (either as an administrative order on consent or ordered as a

judicial consent decree). These serve as legally binding documents to enforce the commitment

by the PRPs (or the EPA's order) to finance and perform the RD and/or RA in accordance with

the provisions set forth. To fulfill these requirements PRPs develop work plans, QA/QC plans,

and/or contract documents, which are reviewed and accepted (and/or approved) by EPA prior to

implementation.

12-3. Interagency Agreement (IAG). The site-specific IAG is an agreement signed by the

USACE geographical district and the EPA region. It lists specific tasks and responsibilities of

the parties, and provides a proposed budget for the oversight activities. Oversight tasks may

include:

a. review and evaluation of proposed plans (work plans, QA/QC plans), contract

documents, design analyses, etc.;

b. site visits and inspections;

c. review of proposed design/construction plan changes; and

d. oversight of RA. The specific tasks and responsibilities should be reviewed with the

EPA's RPM prior to the start of an individual task identified above. A USACE work plan is

recommended to document the details of the work tasks. This should include tasking details

such as reporting format and period, staffing levels, etc. The reporting requirements for RA

oversight should be established before the pre-construction conference.
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12-4. Execution. The responsibilities of USACE officials performing oversight on behalf of

EPA, on PRP enforcement projects, are very different from typical USACE contract

administration. The following paragraphs outlines some of these differences:

a. The PRP is responsible for enforcement of all laws, regulations, and requirements and

to meet all performance standards required by EPA. The USACE has no contractual relationship

with the PRP and is limited to the role/authorities outlined in the site-specific IAG.

b. The USACE official’s oversight responsibility is to provide technical support to the

EPA RPM in monitoring PRP compliance with EPA requirements and report directly to the EPA

RPM.

c. Construction oversight is limited to serving construction activities and comparing the

work to the approved documents or applicable laws and regulations, and reporting the findings to

the EPA. The necessary technical documents (i.e., IAG, plans and specifications, change orders,

SSHP, etc.) must be obtained to accomplish the monitoring. The USACE representative should

also attend the weekly progress meeting.

d. USACE oversight officials on PRP enforcement projects are not authorized to provide

directions to the RA contractors. They only provide recommendations and evaluations to the

EPA RPM. USACE oversight personnel are not authorized to change the contract documents or

consent decree in any way; only the EPA RPM has the authority to do so.

e. Imminent safety hazards are the most controversial issue on any enforcement site. The

site-specific IAG should spell out exactly what the USACE representatives should do if a safety

hazard is observed. The language must be carefully crafted to ensure that a responsible PRP

representative is immediately notified of the situation, and that if the representative fails to act,

the EPA RPM has a contingency plan in place to provide adequate direction and to protect the

USACE and EPA from potential third party liability.

f. It should be noted that the EPA RPM is not required to utilize USACE for oversight

activities; the RPM may choose an A-E or an ARCS contractor for this service. For this reason,

the USACE needs to "satisfy the customer" and reach agreement on what the RPM (our

customer) expects.

g. Standard USACE guide specifications, the safety manual (EM 385-1-1), ERs, etc., do

not apply. PRPs generally use standard commercial American Institute of Architects (AIA)

contracts and are governed by OSHA and other Federal/state/local regulations. For additional

guidance on compliance with SSHP requirements on PRP or technical assistance assignments,
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refer to Section 4, Health and Safety.

h. Since the EPA generally seeks to recover oversight costs from PRPs, accurate and

detailed records of labor and other costs are essential.
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SECTION 13

MISCELLANEOUS

13-1. Hazard Pay. Hazard pay is required for duty involving unusual physical hardships,

hazards, or working conditions of an unusually severe nature. Hazard pay is considered to be

warranted if the following conditions exist:

a. The employee must perform duty that is subject to eligible physical hardships or

hazards criteria as described in the CEHR-E/CESO-I memorandum regarding supplemental

guidance on hazard pay differentials for civilian work at HTRW sites, dated 9 October 1990. A

copy of this document can be found in Appendix F. This guidance specifies that workers

required to wear level "A" or level "B" personal protective equipment (PPE) automatically are

entitled to hazard pay. Workers who wear level "C" PPE require an assessment by the district

SOHO of the hazards and the procedures to mitigate the hazard. If this review assessment

concludes that adequate controls are provided so that the degree of risk to the worker is

"practically eliminated," no hazard pay is authorized.

b. The duty must not affect the grade of the Federal wage system position or the

classification of the position. The USACE human resources office will be responsible for

determining whether the hazardous work constitutes an element in determining the grade of the

position.

13-2. Liability Concerns.

a. Personal Liability. The Office of Counsel should be contacted immediately in all

instances where a USACE employee becomes aware of, or has reason to suspect, a violation of

CERCLA, RCRA, or any other law has occurred. The Office of Counsel will provide guidance

to USACE employees regarding the availability of legal representation from the Department of

Justice (DOJ) relating to any such violation. The DOJ is responsible for determining whether

Federal employee requests for government legal representation will be approved in such matters.

b. CERCLA. Substantial civil and criminal penalties are authorized by CERCLA. Two

categories of administrative civil penalties are authorized. One category (Class I) provides for

penalties of up to $25,000 per violation. The second category (Class II) provides for penalties of

up to $25,000 per day for each violation, which may be increased to $75,000 per day for a second

or subsequent violation. These administrative penalties relate, among other things, to failure to

provide notice of a reportable quantity release of a hazardous substance, or destruction or

alteration of records required to be maintained by CERCLA. Moreover, upon conviction for
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knowing failure to report a hazardous substance release, or for destruction or alteration of records

required by CERCLA under section 103, criminal penalties under the Federal Criminal Code and

imprisonment of up to 3 years (5 years for subsequent convictions) can also be imposed.

c. RCRA. Civil and criminal penalties may also be imposed under RCRA. Stiff criminal

enforcement provisions providing for substantial penalties ($50,000 per day) and multi-year

imprisonment terms (2 to 5 years) are possible for knowing violation of RCRA's transport,

treatment, storage, disposal, export, reporting, or record requirements associated with hazardous

waste. The Conference Report on the 1980 RCRA Amendments indicated congressional intent

that these criminal provisions not be aimed at punishing minor or technical variations from

permit regulations or conditions if the facility operator is acting responsibly. However, where a

violation is committed by a person with knowledge that such action will place another person in

imminent danger of death or serious bodily injury, RCRA provides for fines of not more than

$250,000, or imprisonment for not more than 15 years, or both. Civil penalties assessed through

the use of administrative compliance orders are also permitted by RCRA. Violation of a

compliance order may result in civil penalties of up to $25,000 per day for non-compliance, and

suspension or revocation of any permits issued to the violator. Moreover, under RCRA's citizen

suit provision, any person may bring a lawsuit on his or her behalf against any other person 

including the U.S. based on allegations of violation of any permit, standard, regulation,

condition, requirement, or order under RCRA. RCRA specifically provides that agents,

employees and officers of the U.S. shall not be personally liable for any civil penalty under

Federal, state, interstate, or local solid or hazardous waste law with respect to any act or omission

within the scope of their official duties; but, notes that such agent, employee, and officer is

subject to criminal sanctions under Federal or state solid or hazardous waste law, including but

not limited to fines and imprisonment.

13-3. Community Relations.

a. General. Community relations play a critical role at most HTRW sites. Every site has

the potential for public concern about government actions and sensationalism by special interest

groups, individuals, and the news media. When construction work starts, the level of public

concern and media interest may rise. The level of sensitivity and public interest is not always

related to the technical complexity of the problems at the site. Community opposition to

government plans has led to delays, work stoppage, cost overruns, and the obstruction of

technically sound remedies.

b. Public Affairs. The Public Affairs Office (PAO) from the RE's district, the local

military installation, or the EPA regional office is a key player in the cleanup effort. The staff

members from these offices are trained to effectively work with the public and media and can be

of great assistance to the RE's staff. The PAO should be involved at the earliest time, including
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pre-construction conference and partnering workshops, to aid in the preparation of community

relation’s plans and the assignment of responsibility for responding to queries from the media

and general public. Community relation’s plans are recommended for every site, but are required

by CERCLA for all sites on or being considered for inclusion on the NPL. The more complex

the site, the more comprehensive the plan. A site in the middle of a military installation which

has never attracted concern by the public may require very little community relations effort. A

FUDS project on which an elementary school has been built may require a substantial effort. The

public affairs staff can also support the RE in a variety of other ways. These include:

(1) preparing, staffing, and distributing news releases, fact sheets, project updates, and

other pertinent materials for the information repository;

(2) assisting in planning, scheduling, arranging, and conducting public meetings;

(3) assisting with tours of the site when appropriate; and

(4) planning, developing, and conducting workshops about environmental activities,

characteristics and concerns.

c. RE Responsibilities. As a general rule, the EPA is responsible for community

relations at Superfund sites. The local military public affairs office is responsible for IRP sites,

and the USACE district public affairs office for FUDS and FUSRAP projects. Queries from the

media and public should be directed to the appropriate public affairs office for response. 

However, RE's may find themselves in the position of being the only USACE representative

available when members of the media or public come calling. Procedures for dealing with this

must be coordinated during the early planning stages of the project. These procedures should

address the day-to-day contact with the public and private property owners and should be clearly

and concisely addressed with the RPM. Every attempt should be made for the RE to be

responsible for the daily contact with the public for the coordination of the RA work. Special

emphasis must be given to ensure that in dealing with sites where PRP negotiations are

underway, under the auspices of another PRP negotiation district, no actions are taken or

comments are made by the executing district which might be detrimental to the successful

resolution of the PRP negotiations. When it falls to the RE to respond, listen to the question and

answer it:

(1) Honestly: Tell the truth. If you don't know the answer, say so. Talk only about what

you know. Don't speculate;

(2) Ethically: Don't play games with a reporter or a member of the public. Don't

withhold significant information just because the person failed to ask exactly the right question;
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(3) Accurately: Don't speculate or guess. If you don't know the answer, try to find it and

then get back to the questioner; and

(4) Responsibly: This means answering the question or explaining why the question

cannot be answered. Don't be evasive.

d. Community Relations Plan (CRP). See Appendix F for an example copy of a CRP.

13-4. USACE HTRW Lessons Learned System.

a. Introduction. The HTRW CX is the home for the nationwide USACE HTRW &

Environmental Lessons Learned System. The CX was mandated by HQUSACE to develop and

maintain the official HTRW Lessons Learned System for the USACE. The original HTRW

Lessons Learned System, developed in the early 1990s, was revamped in 1997 and changed to

the HTRW & Environmental Lessons Learned Informational System. The purpose of this system

is to ensure that USACE employees involved in HTRW and environmental programs such as

compliance, pollution prevention and conservation are provided with the tools to enable them to

document and share problems, solutions, and experience gained while performing their job

related duties, improve efficiency, and enhance the cost effectiveness of USACE processes and

operations.

b. Accessing the System. This system serves as a central repository for HTRW and

environmental lessons learned. Individuals having access to the world wide web can access the

system through the following address:

http://hq.environmental.usace.army.mil/tools/lessons/lessons.html

This address takes you to the USACE Environmental Division home page. From there click on

“Initiatives,” then “Environmental Lessons Learned Program.” This screen is the home page for

the HTRW & Environmental Lessons Learned Program.

c. Browsing the Web Site. Once linked to the system, individuals will have the

capability to search and retrieve information, submit a lessons learned, view the lessons learned

data base, link to other lessons learned systems/servers, view standard operating procedures for

the system or browse the USACE organization. Individuals can also browse other news events or

hot topics in the environmental arena. This site is accessible to all individuals having access to

the world wide web.

d. Lessons Learned Submittals. The process of submitting lessons learned is relatively

simple, and can be accomplished via the world wide web, e-mail, fax, or regular mail. If you are

using the Internet, once at the appropriate address, go to the “Submitting a Lessons Learned” icon
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and complete the required data in the template. Next, click on the “submit” window to review

your data. If correct, click on “submit” again. Your completed submittal will then be forwarded

to the program manager at the CX. Individuals who do not have access to the world wide web

may e-mail, fax or mail the information to the program manager at the HTRW CX. The e-mail

address is: claudia.d.wiethop@usace.army.mil. The fax number is (402) 697-2639. The mailing

address is U.S. Army Corps of Engineers, HTRW CX, ATTN: CENWO-HX-T (Lessons

Learned PM), 12565 West Center Road, Omaha, NE 68144.

e. Lessons Learned Review Process. All lessons learned submittals are reviewed by

subject matter experts at the HTRW CX, and are also reviewed and validated by HQUSACE

personnel prior to dissemination on the system. The system program manager is assigned to the

Environmental, Cost and Compliance Branch at the CX, and is the point of contact for the

system.

13-5. Where to Find the Environmental Regulations.

Environmental Act Code of Federal Regulations

Nuclear Regulatory Commission 10 CFR Parts 1-199

(NRC)

Department of Energy (DOE) 10 CFR Parts 200-1099

Occupational Safety and Health 29 CFR Parts 1900-1999

Act (OSHA)

Surface Mining Control and 30 CFR Parts 301-999

Reclamation Act (SMCRA)

Department of Defense (DOD) 32 CFR Parts 1-190

Clean Air Act 40 CFR Parts 50-87

Clean Water Act (CWA) 40 CFR Parts 104-140, 401-471

Safe Drinking Water Act (SDWA) 40 CFR Part 150

Federal Insecticide, Fungicide 40 CFR Parts 150-186

and Rodenticide Act (FIFRA)
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Radiation Protection Programs (Environmental) 40 CFR Parts 190-195

RCRA - Solid Waste 40 CFR Parts 240-259

Resource Conservation and Recovery 40 CFR Parts 260-279

Act (RCRA) - Hazardous Waste

Underground Storage Tanks (USTs) 40 CFR Parts 280-282

Comprehensive Environmental 40 CFR Parts 300-372

Response, Compensation and Liability

Act (CERCLA) and Superfund Amendments

and Reauthorization Act (SARA)

Emergency Planning, Community 40 CFR Parts 355-374

Right-To-Know Act (EPCRA)

Toxic Substances Control Act (TSCA) 40 CFR Parts 700-799

National Environmental Policy 40 CFR Parts 1500-1508

Act (NEPA)

Hazardous Materials Transportation 49 CFR Parts 100-180

Act (HMTA)
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APPENDIX A

REFERENCES

A-1. Public Laws (PL).

PL 94-580, “Resource Conservation and Recovery Act (RCRA) of 1976”

PL 96-510, "Comprehensive Environmental Response, Compensation, and Liability Act

(CERCLA) of 1980"

PL 99-499, "Superfund Amendment and Reauthorization Act (SARA) of 1986"

PL 104-142, “Mercury-Containing and Rechargeable Battery Management Act”

PL 97-177, “Prompt Payment Act of 1982”

A-2. Code of Federal Regulations (CFR).

5 CFR 339, "Medical Qualification Determinations"

10 CFR 20, “Standards for Protection Against Radiation”

28 CFR 50.15, "Representation of Federal officials and employees by Department of Justice

attorneys or by private counsel furnished by the Department in civil, criminal, and congressional

proceedings in which Federal employees are sued, subpoenaed, or charged in their individual

capacities"

29 CFR 1910, "Occupational Safety and Health Standards" (refer to 29 CFR 1910.120,

“Hazardous Waste Operations and Emergency Response” which is applicable to site inspections

and investigations during RD)

29 CFR 1910.120, “OSHA Hazardous Waste Operations and Emergency Response”

29 CFR 1910.120(e), “Training”

29 CFR 1910.134, “Respiratory Protection”
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29 CFR 1910.1020, “Access to Employee Exposure and Medical Records”

29 CFR 1910.1200, “Occupational Safety and Health Standards - Hazard Communication”

29 CFR 1926, "Safety and Health Regulations for Construction" (refer to 29 CFR 1926.65,

"Hazardous Waste Operations and Emergency Response" Federal Register, 30 June 1993, which

is applicable to remedial action activities)

29 CFR 1926.59, “Hazard Communication”

29 CFR 1926.62, OSHA “Lead Exposure in Construction Standard”

29 CFR 1926.65(e), “Hazardous Waste Operations and Emergency Response – Training”

29 CFR 1926.103, “Respiratory Protection”

29 CFR 1926.1101, “Asbestos”

32 CFR 203, “Technical Assistance for Public Participation (TAPP) in Defense Environmental

Restoration Activities”

40 CFR Part 61, “National Emission Standards for Hazardous Air Pollutants”

40 CFR 61.145, “Standard for Demolition and Renovation”

40 CFR 61.150, “Standard for waste disposal for manufacturing, fabricating, demolition,

renovation, and spraying operations”

40 CFR 261, “RCRA Regulations for the Identification and Listing of Hazardous Wastes”

40 CFR 261.4, “Exclusions”

40 CFR 261.9, “Requirements for Universal Waste”

40 CFR 261.24, “Toxicity Characteristic”

40 CFR 262, "Standards Applicable to Generators of Hazardous Waste"

40 CFR 262.34 (a)(4) and 40 CFR 265.16, "Personnel Training"

40 CFR 262.40, “Record Keeping”
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40 CFR 265.16, “Interim Status Standards for Owners and Operators of Hazardous Waste

Treatment, Storage, and Disposal Facilities - Personnel Training”

40 CFR 268, “Land Disposal Restrictions”

40 CFR 268.45, “Treatment Standards for Hazardous Debris”

40 CFR 273, “Standards for Universal Waste Management”

40 CFR 282, “Approved Underground Storage Tank Programs”

40 CFR 300, “EPA National Oil and Hazardous Substance Pollution Contingency Plan”

40 CFR 300.440, "Off-Site Rule"

40 CFR 745, Toxic Substances Control Act Regulations, Lead-Based Paint Poisoning Prevention

in Certain Residential Structures

40 CFR 761.60, “Disposal Requirements”

40 CFR 761.65, “Storage for Disposal”

40 CFR 761.72, “Scrap Metal Recovery Ovens and Smelters”

40 CFR 763, “Asbestos - Model Accreditation Plan”

49 CFR 171-180, “Subchapter C- Hazardous Materials Regulations”

49 CFR 172, Subpart G, “Emergency Response Information”

49 CFR 172, Subpart H, "Training for Hazardous Materials Transportation"

49 CFR 172.205, “Hazardous Waste Manifest”

49 CFR 172.700, “Purpose and Scope”

49 CFR 173.1, “Purpose and Scope”
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A-3. Federal Acquisition Regulations (FAR).

FAR Subpart 7 and applicable supplements there to, "Acquisition Planning"

FAR 36.103, “Construction and Architect-Engineer Contracts-Methods of Contracting”

FAR 52.232-25(b)(4), "Prompt Payment" (Mar 94),

FAR 52.232-27(b)(2), "Prompt Payment for Construction Contracts"

FAR 52.236-13, "Accident Prevention"

A-4. Army Regulations (AR).

AR 200-1, “Environmental Protection and Enhancement”

AR 385-61, “The Army Chemical Agents Safety Program” 27 Feb 97

AR 385-64, “Ammunition and Explosives Safety”

AR 420-70, “Buildings and Structures”

 A-5. USACE Engineering Regulations (ER).

ER 5-1-11, "Program and Project Management"

ER 37-2-10, "Accounting and Reporting--Civil Works Activities"

ER 385-1-40, "Occupational Health Program"

ER 385-1-92, "Safety and Occupational Health Document Requirements for Hazardous, Toxic

and Radioactive Waste (HTRW) and Ordnance and Explosive Waste (OEW) Activities"

ER 415-1-16, "Fiscal Management"

ER 500-1-1, “Natural Disaster Procedures”

ER 1110-1-263, "Chemical Data Quality Management for Hazardous, Toxic, and Radioactive
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Waste Remedial Activities"

ER 1110-1-8100, "Laboratory Investigations and Testing."

ER 1110-1-8153, “Ordnance and Explosives Response“

ER 1110-1-8158, "Corps-Wide Centers of Expertise Program"

ER 1110-2-500, "Corps/EPA Superfund Program, Funding and Reporting Requirements"

ER 1180-1-6, “Construction Quality Management”

A-6. USACE Engineering Pamphlets (EP).

EP 200-1-2, "Process and Procedures for RCRA Manifesting"

EP 200-1-3, “Environmental Restoration at Formerly Used Defense Sites”

EP 385-1-58, "Medical Surveillance Handbook"

EP 415-1-260, "Resident Engineer Management Guide"

EP 415-1-261, “Quality Assurance Representatives Guide – Volume 5”

EP 1110-1-11, "Asbestos Abatement Guideline Detail Sheets"

EP 1110-1-18, "Ordnance and Explosives Response”

A-7. USACE Engineering Manuals (EM).

EM 200-1-1, "Validation of Analytical Chemistry Laboratories"

EM 200-1-2, "Technical Project Planning"

EM 200-1-3, "Requirements for the Preparation of Sampling and Analysis Plans"

EM 200-1-6, "Chemical Quality Assurance for HTRW Projects"
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EM 385-1-1, "Safety and Health Requirements Manual"

EM 1110-1-4006, "Removal of Underground Storage Tanks (USTs)"

A-8. USACE Guide Specifications (CEGS).

CEGS 01351, "Safety, Health, and Emergency Response (HTRW/UST)"

CEGS 01450, “Chemical Data Quality Control”

CEGS 02115, "Underground Storage Tank Removal"

CEGS 13280, "Asbestos Abatement"

A-9. USACE Construction Bulletins (CB).

CB No. 99-1, “Safety and Health HTRW Annual Refresher Course”

CB No. 99-2, “Emergency Responder Agreements for Fund-Lead Remedial Actions - EPA

Superfund Program”

A-10. USACE Office Memorandums (OM).

OM 10-1-1, "Headquarters, U.S. Army Corps of Engineers"

A-11. USACE Memorandums and Other Documents.

ASA(CW) memorandum, 7 Dec 84, "Corps/EPA Superfund Agreement"

CECC-J memorandum, 13 Mar 98, “Fees for Licensing, Certification, Training, and Professional

Engineers Stamps” (CF: Appendix F)

CECI-IR/CEMP-R memorandum, 10 Aug 99, “Environmental Classification Standards”

(CF: Appendix F)

CEHNC 1105-3-9, 10 Aug 92, "Management Plan for OEW MCX and Design Center"
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CEHR-E/CESO-I memorandum, 19 Oct 90, "Supplemental Guidance on Hazard Pay

Environmental Differentials regarding Hazardous and Toxic Waste (HTW) Sites" (CF:

Appendix F)

CEMP-CM memorandum, 1 Nov 91, "Transfer of Knowledge and Experience During Design

and Execution of HTRW Projects"

CEMP-M memorandum, 7 Jan 99, “Implementation of the Program and Project Management

Information System (PROMIS) for Environmental Programs” (CF: Appendix F)

CEMP-M memorandum, 28 April 97, on the implementation of PROMIS (see Appendix F).

CEMP-RS/CERE-AP memorandum, 22 Nov 89, "USACE Real Estate Support for EPA

Superfund Program" (CF: Appendix F)

CEMP-RT memorandum, 3 Mar 93, "USACE Hazardous, Toxic, and Radioactive Waste

(HTRW) Lessons Learned System"

CEMP-RT memorandum, 30 Apr 93, "Signatory Responsibility for Hazardous Waste Manifests

and Related Documents-Policy Guidance"

CEMP-RT memorandum, 23 Sep 1997, “Changes in HTRW Technical Roles and

Responsibilities Due to Division Laboratory Closures” (CF: Appendix F)

CERE-AP memorandum, 6 Feb 98, “Guidance for the Provision of Real Estate Support to the

Formerly Utilized Sites Remedial Action Program and Delegation of Authority to Execute

Rights-of Entry and Acquire Real Property and Interests Therein” (CF: Appendix F)

CERM-F memorandum, 7 June 96, “Subject: Policy for Retention of Travel Receipts”

CESO-I memorandum, 13 May 94, "HTRW Safety and Health Training Courses and Medical

Surveillance Required by OSHA Standards 29 CFR 1910.120 and 1926.65"

CESO-I (40-5) memorandum, 23 Sep 99, “HTRW Medical Surveillance Program Inclusion and

Frequency Criteria” (CF: Appendix F)

A Guide to Best Practices for Cost Reimbursement Contracts

Annual Financial Agreement Between the Defense Contract Audit Agency and the U.S. Army

Corps of Engineers, Fiscal Year 2000, Agreement Number 002900 (CF: Appendix F)
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Defense Environmental Restoration Program (DERP) for Formerly used Defense Sites (FUDS) -

Program Manual

OE CX Interim Guidance, Safety Concepts and Basic Considerations for Unexploded Ordnance

Operations, 16 Feb 96

Pre-Award Site Visit Agreement, “Liability Release for Contractor Site Visit” (CF: Appendix F)

USACE Management Plan, Pre-Placed Remedial Action Contracts (PPRA), 8 Sep 89

A-12. EPA Guidance Documents and Correspondence.

EPA/600/2-86/013, 1986, “Drum Handling Practices at Hazardous Waste Sites”

EPA OSWER 9320.2-09A-P, Jan 2000, “Close Out Procedures for National Priorities List Sites”

EPA OSWER Directive 9355.0-4A, Jun 86, "Superfund Remedial Design and Remedial Action

Guidance" (to be replaced by OSWER 9355-22; in final draft)

EPA OSWER Directive 9355.0-04B, "Superfund Remedial Design/Remedial Action Handbook,"

EPA OSWER Directive 9355.5-01, Feb 90, "Interim Final Guidance on EPA Oversight of

Remedial Designs and Remedial Actions Performed by Potentially Responsible Parties"

EPA OSWER Directive 9355.5-01/FS, Feb 90, "Real Estate Acquisition Procedures for USACE

Projects" (CF: Appendix F)

EPA OSWER Publication 9355.5-01/FS, Feb 90, "EPA Oversight of Remedial Designs and

Remedial Actions Performed by PRPs"

EPA OSWER Directive 9355.5-05/FS, Dec 89, "USACE Preplaced and Rapid Response

Contracts"

EPA OSWER Directive 9355.5-14/FS, May 90, "EPA/USACE Payment Process-Direct

Cite/Revised Reimbursement Methods"

EPA OSWER Directive 9355.7-02, “Structures and Components of Five-Year Reviews”

EPA OSWER Directive 9355.7-03B-P, “Comprehensive Five-Year Review Guidance”
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EPA Superfund Construction Completion Care Package, May 93.

EPA Five-Year Guidance (Second Interim Draft), March 16, 1998.

OERR, EPA Office of Emergency and Remedial Response - Directive 9355.0-04B

U.S. EPA letter, 18 Oct 90, Authorizing CE personnel to sign manifests on their behalf (CF:

Appendix F)

A-13. Housing and Urban Development Guidance.

HUD ACCN-5646, 1990; Rev May 1991, “Lead-Based Paint: Interim Guidelines for Hazard

Identification and Abatement in Public and Indian Housing”

A-14. Miscellaneous References.

DODI 4715.10, Environmental Education, Training and Career Development

Federal Register (FR) 51-35192, “Hazardous Waste Management System: Standards for

Generators of Hazardous Waste”

OEBGD, Overseas Environmental Baseline Guidance Document

TG 142, “Managing Health Hazards Associated With Bird and Bat Excrement”, U. S. Army

Environmental Hygiene Agency
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APPENDIX B

ACRONYMS

*All of these acronyms do not appear in the text of this pamphlet but are provided as a

reference for the RE to illustrate terms commonly used in HTRW work.

A

ACM............................Asbestos-Containing Material

ACGIH........................American Conference of Governmental Industrial Hygienists

ACO ............................Administrative Contracting Officer

A-E ..............................Architect-Engineer

AEA.............................Atomic Energy Act

AEC.............................Army Environmental Center

AEDA..........................Ammunition, Explosives, and Dangerous Articles

AEO.............................Army Environmental Office

AEHA..........................Army Environmental Hygiene Agency

AETMP.......................Army Environmental Training Master Plan

AF................................U.S. Air Force

AFARS........................Army Federal Acquisition Regulation Supplement

AG...............................Attorney General (U.S.)

AHERA.......................Asbestos Hazard Emergency Response Act

AIA..............................American Institute of Architects

AMC............................U.S. Army Materiel Command

AMPRS.......................Automated Management and Progress Reporting System
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ANSI............................American National Standards Institute

AO...............................Administrative Order

AOAC .........................Association of Official Analytical Chemists

AOC ............................Area of Contamination

AOR ............................Area of Responsibility

APP .............................Accident Prevention Plan

AR ...............................Army Regulation

ARAR..........................Applicable or Relevant and Appropriate Requirements

ARCS ..........................Alternative Remedial Contracting Strategy (EPA)

ARMS .........................Automated Review Management System

ARNG .........................Army National Guard

ASA (IL&E)................The Assistant Secretary of the Army (Installations, Logistics, and

Environment)

ASD.............................Assistant Secretary of Defense

ARSTAF .....................Army Staff

ATS .............................Air Toxic Standard

ATSDR........................Agency for Toxic Substances and Disease Registry

B

BCO.............................Biddability, Constructibility, Operability

BCOE..........................Biddability, Constructibility, Operability, and Environmental

BD ...............................Base Detonating

BD/DR.........................Building Demolition/Debris Removal
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BDAT..........................Best Demonstrated Available Technology

BLM ............................Bureau of Land Management

BMP ............................Best Management Practices

BRAC..........................Base Realignment and Closure

BTU.............................British Thermal Unit

C

CA ...............................Cooperative Agreement

CAA ............................Clean Air Act

CAIS............................Chemical Agent Identification sets

CAMU.........................Corrective Action Management Unit

CAP.............................Corrective Action Plan (RCRA)

CAS.............................Chemical Abstracts Service

CASRN .......................Chemical Abstracts Service Registry Number

CB................................Construction Bulletin

CCC.............................Commodity Credit Corporation

CD ...............................Consent Decree

CDAP..........................Chemical Data Acquisition Plan

CDQM.........................Chemical Data Quality Management

CDQMP ......................Chemical Data Quality Management Plan

CDR.............................Commander

CE................................Corps of Engineers

CECER........................U.S. Army Construction Engineering Research Laboratory
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CECRL........................U.S. Army Cold Regions Research and Engineering Laboratory

CECPW.......................U.S. Army Center For Public Works

CECW.........................U.S. Army Corps of Engineers, Civil Works Directorate

CEFMS........................Corps of Engineers Financial Management System

CEGS...........................Corps of Engineers Guide Specification

CEHNC.......................U.S. Army Engineering and Support Center, Huntsville

CEIG............................U.S. Army Corps of Engineers, Inspector General

CELDS........................Computer-Aided Environmental Legislative Data System

CEMP..........................U.S. Army Corps of Engineers, Military Programs Directorate

(CEMP-R - Environmental Restoration Division)

CENAD.......................U.S. Army Corps of Engineers, North Atlantic Division

CENWO......................U.S. Army Corps of Engineers, Omaha District

CEPOD........................U.S. Army Corps of Engineers, Pacific Ocean Division

CEQ.............................Council on Environmental Quality

CERCLA.....................Comprehensive Environmental Response, Compensation, and Liability

Act (Superfund)

CERCLIS ....................CERCLA Information System

CERE...........................U.S. Army Corps of Engineers, Directorate of Real Estate

CESO...........................HQUSACE Safety and Occupational Health Office

CETEC........................U.S. Army Topographic Engineering Center

CEWES.......................U.S. Army Engineer Waterways Experiment Station

CFC's...........................Chlorofluorocarbons
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CFMC..........................EPA Cincinnati Financial Management Center

CFR .............................Code of Federal Regulations

CG ...............................Commanding General

CHEMTREC...............Chemical Transportation Emergency Center

CINC ...........................Commander in Chief

CLP..............................Contract Laboratory Program

CMI .............................Corrective Measures Implementation

CMS ............................Corrective Measures Study

CO ...............................Contracting Officer

COE.............................Chief of Engineers

CON/HTW..................Containerized Hazardous and Toxic Waste

CONUS.......................Continental U.S.

COR.............................Contracting Officer's Representative

CPAF...........................Cost Plus Award Fee

CPFF ...........................Cost Plus Fixed Fee

CQA ............................Construction Quality Assurance

CQAB........................ Chemistry Quality Assurance Branch

CQAR..........................Chemical Quality Assurance Report

CQC.............................Chemical/Quality Control

CQCP ..........................Contractor Quality Control Plan

CQI..............................Command Quarterly Inspections
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CR................................Community Relations

CRA.............................Continuing Resolution Authority

CRDEC .......................Chemical Research, Development, and Engineering Center

CRP .............................Community Relations Plan

CSI...............................Construction Specification Institute

CSM ............................Chemical Surety Material

CWA ...........................Clean Water Act

CWM...........................Chemical Warfare Materiel

CX ...............................Center of Expertise

CY ...............................Calendar Year

CZMA .........................Coastal Zone Management Act

D

DA...............................Department of the Army

DCAF..........................Design/Construction Analysis Feedback

DASA(ESOH) ............Deputy Assistant Secretary of the Army (Environment, Safety and

Occupational Health)

DASD(E).....................Deputy Assistant Secretary of Defense for Environment

DASAF........................Director of Army Safety

DCAA .........................Defense Contract Audit Agency

DEH.............................Director of Engineering and Housing (at installations)

DEIS............................Draft Environmental Impact Statement

DERA..........................Defense Environmental Restoration Account
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DERP...........................Defense Environmental Restoration Program

DERPMIS ...................DERP Management Information System

DESOH .......................Deputy for Environment, Safety, and Occupational Health

DESR...........................Defense Environmental Status Report

DFARS........................Defense Federal Acquisition Regulation Supplement

DLA.............................Defense Logistics Agency

DOA............................Department of Agriculture

DOC ............................Department of Commerce

DOD............................Department of Defense

DODI...........................DOD Instruction

DOE.............................Department of Energy

DOI..............................Department of Interior

DOJ .............................Department of Justice

DOL.............................Department of Labor

DOS.............................Department of State

DOT.............................Department of Transportation

DPM............................Defense Priority Model

DPW............................Director of Public Works (at installations)

DQCR..........................Daily Quality Control Report

DQO............................Data Quality Objectives

DRMO.........................Defense Reutilization and Marketing Organization
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DRMR.........................Defense Reutilization and Marketing Region

DRMS .........................Defense Reutilization and Marketing Service

DSHE ..........................Director of Safety, Health, and Environment

DSMOA/CA ...............DOD and State Memorandum of Agreement/Cooperative Agreement

DVOCP.......................Dust, Vapor, and Odor Control Plan

DWSP..........................Drinking Water Surveillance Program

E

EA................................Environmental Assessment (Endangerment)

E&D ............................Engineering and Design

EBS..............................Environmental Baseline Study

EC.............................. Engineering Circular EC

ECAS...........................Environmental Compliance Assessment System

ECB.............................Environmental Chemistry Branch

ECC.............................Environmental Chemistry Center

EDD.............................Enforcement Decision Document

EE/CA .........................Engineering Evaluation/Cost Analysis

EED.............................Electroexplosive Devices

EFARS ........................Engineering Federal Acquisition Regulation Supplement

EHS .............................Extremely Hazardous Substance

EIS...............................Environmental Impact Statement

EM...............................Engineer Manual

EMM ...........................Earth Moving Machinery
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EMO.......................... Emergency Management Office

EMR............................Electromagnetic Radiation

ENG.............................Engineer

EO................................Executive Order

EOD.............................Explosive Ordnance Disposal

EOC.............................Emergency Operations Center

EP ................................Extraction Procedure

 Engineer Pamphlet

EPA .............................U.S. Environmental Protection Agency

EPCRA........................Emergency Planning and Community Right-To-Know Act

EQCC..........................Environmental Quality Control Committee

ER................................Engineer Regulation

ERA.............................Expedited Response Action

ERCS...........................Emergency Response Cleanup Services

ERDA..........................Environmental Restoration Defense Account

ERDC..........................U.S. Army Engineer Research Development Center

ERGO..........................Environmental Review Guide for Operations (Civil)

EROD..........................Enforcement Record of Decision

ERRIS .........................Emergency and Remedial Response Information System

ERT .............................Environmental Response Team (EPA)

ESA .............................Endangered Species Act
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ESD ............................Environmental Services Division (EPA)

Environmental Support District

Explanation of Significant Difference

ESS..............................Explosives Safety Submission

ETAB ..........................Environmental Technical Advisory Board

ETIS ............................Environmental Technical Information System

ETL..............................Engineer Technical Letter

F

FAA.............................Federal Aviation Administration

FACA..........................Federal Advisory Committee Act

FAD.............................Funding Authorization Document

FAR.............................Federal Acquisition Regulations

FARES ........................Federal Activities Regional Evaluation System

FDE .............................Finding and Determination of Eligibility

FEIS.............................Final Environmental Impact Statement

FEMA..........................Federal Emergency Management Agency

FEPCA ........................Federal Environmental Pesticide Control Act

FFA..............................Federal Facilities Agreement

FFCA...........................Federal Facilities Compliance Act

FFIS.............................Federal Facilities Information System

FFP ..............................Firm Fixed Price

FIFRA..........................Federal Insecticide, Fungicide, and Rodenticide Act

FINDS .........................Facility Index System
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FIP ...............................Federal Implementation Plan

FIT...............................Field Investigation Team (EPA)

FmHA..........................Farmers Home Administration

FMO............................Facilities Management Officer

FMS.............................Financial Management System

FNSI............................Finding of No Significant Impact

FOA.............................Field Operating Activity

FOIA............................Freedom of Information Act

FORSCOM .................U.S. Army Forces Command

FPI...............................Fixed Price Incentive

FR................................Federal Register

FS ................................Feasibility Study

FSA..............................Farm Services Agency

FSP ..............................Field Sampling Plan

FTE..............................Full-Time Equivalent

FUDS...........................Formerly Used Defense Site

FUSRAP......................Formerly Utilized Sites Remedial Action Program

FWCA.........................Fish and Wildlife Coordination Act

FWPCA.......................Federal Water Pollution Control Act

FWS.............................Federal Wage Service

FY................................Fiscal Year
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G

GAO............................General Accounting Office

GDQM ........................Geotechnical Data Quality Management

GIS...............................Geographic Information System

GMD ...........................Geographic Military District

GOCO .........................Government Owned, Contractor Operated

GSA.............................General Services Administration

H

HAZMAT....................Hazardous Materials

HAZMIN.....................Hazardous Waste Minimization

HEA.............................Health Effects Assessment

HEPA ..........................High Efficiency Particulate Air

HHI..............................Health Hazard Inventory

HHS.............................Department of Health and Human Services

HID..............................High Intensity Discharge

HM ..............................Hazardous Material

HMTA.........................Hazardous Materials Transportation Act

HMR............................Hazardous Materials Regulation

HMTC.........................Hazardous Materials Technical Center

HMTUSA....................Hazardous Materials Transportation Safety Act

HQ...............................Headquarters

HQDA .........................Headquarters, Department of the Army
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HQUSACE..................Headquarters, U.S. Army Corps of Engineers

HRS.............................Hazard Ranking System

HSC.............................Health Services Command

HSDA..........................Health and Safety Design Analysis

HSL .............................Hazardous Substance List

HSWA.........................Hazardous and Solid Waste Amendments of 1984 (RCRA)

HTM............................Hazardous and Toxic Materials

HTRW.........................Hazardous, Toxic, and Radioactive Waste

HTRW CX ..................Hazardous, Toxic and Radioactive Waste Center of Expertise

HTW............................Hazardous and Toxic Waste

HTW-MP ....................Hazardous and Toxic Waste Management Plan

HW..............................Hazardous Waste

HWM ..........................Hazardous Waste Management

HUD............................Housing and Urban Development

I

I-DERPMIS.................Interim DERP Management Information System

IA.................................Implementing Agency

IAG..............................Interagency Agreement

IATA ...........................International Air Transport Association

IAW.............................In Accordance With

IC.................................Installation Commander

ID/IQ ...........................Indefinite Delivery/Indefinite Quantity
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IDT ..............................Indefinite Delivery Type Contract

IFB...............................Invitation For Bids

IG.................................Inspector General

IH.................................Industrial Hygienist

IHW.............................Installation Hazardous Waste

IHWM .........................Installation Hazardous Waste Manager

IIA................................Initial Installation Agreement

I/M...............................Inspection and Maintenance

INPR............................Inventory Project Report

IOSC............................Installation On-Scene Coordinator

IR.................................Interim Report Installation Restoration

IRA..............................Interim Remedial Action

IRIS .............................Integrated Risk Information System

IRP...............................Installation Restoration Program

IR/RR ..........................Immediate Response/Rapid Response

IRT...............................Installation Response Team

ISCP ............................Installation Spill Contingency Plan

ITA ..............................Innovative Technology Advocate

IWTP...........................Industrial Wastewater Treatment Plant

L

LBP..............................Lead-Based Paint

LC................................Lethal Concentration
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LCED ..........................Life Cycle Environmental Documentation

LCPM..........................Life Cycle Project Management

LD................................Lethal Dose

LD50............................Lethal Dose Where Fifty Percent of Animals Tested Die

LEPC...........................Local Emergency Planning Commission

LLRW..........................Low Level Radioactive Waste

LOE.............................Level of Effort

LQMM ........................Laboratory Quality Management Manual

LRS..............................Life Cycle Project Management Reporting System

LTM ............................Long Term Measure

LTRA ..........................Long-Term Response Action

LUST...........................Leaking Underground Storage Tank

MACOM.....................Major Army Command

MACT.........................Maximum Achievable Control Technology

MAJCOM ...................Major Air Force Command

MAP............................Model Accreditation Plan

MARC.........................Multiple Award Remediation Contract

MARKS ......................Modern Army Record Keeping System

MBE............................Minority Business Enterprise

MCA............................Military Construction, Army

MCL............................Maximum Contaminant Level (Maximum Concentration Limit)
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MCLG .........................Maximum Contaminant Level Goal

MCS ............................Media Cleanup Standard

MCX.......................... Mandatory Center of Expertise

MED............................Manhattan Engineers District

MEDCOM...................Medical Command

MHP............................Materials Handling Plan

MILCON.....................Military Construction

MIPR...........................Military Interdepartmental Purchase Request

MOA ...........................Memorandum of Agreement

MOSCA ......................McNamara-O'Hara Service Contract Act

MPRSA.......................Marine Protection, Research, and Sanctuaries Act

MOU ...........................Memorandum of Understanding

MSC ............................Major Subordinate Command

MSCCES.....................MSC Commander Executive Summary

MSDS..........................Material Safety Data Sheet

MTC............................Materials Testing Center

MUSARC....................Major U.S. Army Reserve Command

N

NAAQS.......................National Ambient Air Quality Standards

NCLP...........................National Contract Laboratory Program

NCP.............................National Contingency Plan [National Oil and Hazardous Substances

Pollution Contingency Plan (40 CFR 300)]
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NADI...........................No Defense Action Indicated

NEIC............................National Enforcement Investigation Center

NEPA ..........................National Environmental Policy Act

NESHAP.....................National Emission Standards for Hazardous Air Pollutants

NGB ............................National Guard Bureau

NGR ............................National Guard Regulation

NHPA..........................National Historic Preservation Act

NIBS............................National Institute of Building Sciences

NIOSH.........................National Institute of Occupational Safety and Health

NOA............................Notice of Availability

NOAA .........................National Oceanic and Atmospheric Administration

NOI..............................Notice of Intent

NOID...........................Notice of Intent to Delete

NOV............................Notice of Violation

NPDES........................National Pollutant Discharge Elimination System

NPL .............................National Priorities List

NPS .............................Non-Point Source

NRC.............................National Response Center (EPA)

NRC.............................Nuclear Regulatory Commission

NRT.............................National Response Team

NSF..............................National Strike Force; National Science Foundation
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NSN.............................National Stock Number

NSPS ...........................New Source Performance Standards

NTIS............................National Technical Information Service

NTP .............................Notice to Proceed

O

OASA..........................Office of the Assistant Secretary of the Army

OB/OD ........................Open Burning or Open Detonation

OCE.............................Office of the Chief of Engineers

OCLL ..........................Office of Congressional Legislative Liaison

OCONUS ....................outside of continental U.S.

OCPA..........................Office of the Chief of Public Affairs

OE................................Ordnance and Explosives

OE MCX .....................Ordnance and Explosives Mandatory Center of Expertise

OERR..........................Office of Emergency and Remedial Response (EPA)

OEW............................Ordnance and Explosive Waste

O&F.............................Operational and Functional

O&M ...........................Operation and Maintenance

OFA.............................Office of Federal Activities

OGC ............................Office of General Counsel

OHW...........................Other Hazardous Waste

OIG..............................Office of the Inspector General

OM ..............................Operations Manual
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OMA ...........................Operation and Maintenance, Army

OMB............................Office of Management and Budget

OM&M........................Operations, Maintenance, and Monitoring

O/O..............................Owner/Operator

O&F.............................Operational and Functional

ORC.............................Office of Regional Counsel

ORD ............................Office of Research and Development (EPA)

ORTA..........................Offices of Research and Technology Applications

OSC.............................On-Scene Coordinator

OSD.............................Office of the Secretary of Defense

OSHA..........................Occupational Safety and Health Administration

OSWER.......................EPA Office of Solid Waste and Emergency Response

OTSG ..........................Office of Surgeon General

OU...............................Operable Unit

P

PA................................Preliminary Assessment

PA/SI...........................Preliminary Assessment/Site Inspection

PAO.............................Public Affairs Office

PARC ..........................Principle Assistant Responsible for Contracting

PCBs............................Polychlorinated Biphenyls

PCOR ........................ Preliminary Closeout Report

PE ................................Professional Engineer
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PES..............................Project Executive Summary

PESR...........................Project Executive Summary Report

PHRED........................Public Health Risk Evaluation Database

PIRP ............................Public Involvement and Response Plan

PL ................................Public Law

PM...............................Project Management

Project Manager

PMP.............................Project Management Plan

PO................................Project Officer

POC.............................Point of Contact

POL .............................Petroleum, Oils, and Lubricants

POLREP.................... Pollution Report

POM............................Program Objective Memorandum

POTW .........................Publicly Owned Treatment Works

PPBES.........................Planning, Programming, Budgeting, and Execution System

PPE..............................Personal Protective Equipment

PPM/PPB ....................Parts Per Million/Parts Per Billion

PPRA...........................Pre-Placed Remedial Action

PR................................Procurement Request (Public Relations)

PRAC ..........................Pre-Placed Remedial Action Contract

PRB.............................Project Review Board

PROMIS......................Project Management Information System
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PROSPECT.................Proponent Sponsored Corps of Engineers Training

PRP..............................Potentially Responsible Party

PTS..............................Project Tracking System

PSD .............................Prevention of Significant Deterioration

PWSS ..........................Public Water Supply System

PZ ................................Piezoelectric

Q

QA...............................Quality Assurance

QAP.............................Quality Assurance Personnel

QAPP...........................Quality Assurance Project Plan

QA/QC ........................Quality Assurance/Quality Control

QC ...............................Quality Control

QCSR ..........................Quality Control Summary Report

QM ..............................Quality Management

R

R&D............................Research and Development

RA ...............................Remedial Action

Regional Administrator

RAB.............................Restoration Advisory Board

RAC.............................Remedial Action Contractor

RAGS..........................Risk Assessment Guidance for Superfund

RAP.............................Remedial Action Plan
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RCRA..........................Resource Conservation and Recovery Act

RD ...............................Remedial Design

RD/RA ........................Remedial Design/Remedial Action

RE................................Resident Engineer

REC.............................Record of Environmental Consideration

REL .............................Recommended Exposure Limit (NIOSH)

REM/FIT.....................Remedial Planning/Field Investigation Team

REMG.........................Resident Engineer Management Guide

REPR...........................Real Estate Planning Report

RF................................Radio Frequency

RFA.............................RCRA Facility Assessment

RFI...............................RCRA Facility Investigation

RFP..............................Request For Proposals

RI.................................Remedial Investigation

RIA..............................Regulatory Impact Analysis

RI/FS ...........................Remedial Investigation/Feasibility Study

RMA............................Rocky Mountain Arsenal

RMS .......................... Resident Management System

ROD ............................Record of Decision

ROE.............................Right of Entry

RPM ............................Remedial Project Manager
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RPMA .........................Real Property Maintenance Activities

RPO.............................Regional Project Officer

RQ ...............................Reportable Quantity

RR/IR ..........................Rapid Response/Immediate Response

RRC.............................Regional Response Center

RRT.............................Regional Response Team (EPA)

RS................................Responsiveness Summary

RSCRC........................Regional Superfund Community Relations Coordinator

RSPA...........................Research and Special Program Administration

RTC.............................Response to Comments

S

SA................................Secretary of the Army

SAB.............................Science Advisory Board

SAC.............................Support and Coordination

S&A........................... Supervision and Administration

SADBU(S) ................ Small and Disadvantaged Business Utilization (specialist)

SAP ........................... Sampling and Analysis Plan

SARA ........................ Superfund Amendments and Reauthorization Act

SB.............................. Statement of Basis Small Business

SBA........................... Small Business Administration

SCAP......................... Superfund Comprehensive Accomplishments Plan (EPA)

SCP............................ State Contingency Plan
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SDBE......................... Small and Disadvantaged Business Enterprise

SDCP......................... Spill and Discharge Control Plan

SDWA....................... Safe Drinking Water Act

SERC......................... State Emergency Response Commission

SF .............................. Standard Form

SFO............................ Support for Others

SHP ........................... Safety and Health Program

SI ............................... Site Inspection

SIP ............................. State Implementation Plan

SITE .......................... Superfund Innovative Technology & Evaluation (EPA)

SMCRA..................... Surface Mining Control and Reclamation Act

SMR .......................... Senior Management Review

SNC........................... Significant Noncomplier

SOFA......................... Status of Forces Agreement

SOH........................... Safety and Occupational Health

SOHO........................ Safety and Occupational Health Office

SOOH........................ Site Ownership and Operation History

SOP ........................... Standard Operating Procedure

SOW.......................... Scope of Work Statement of Work

SPCC......................... Spill Prevention Control & Countermeasure System

SPHEM ..................... Superfund Public Health Evaluation Manual
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SPL............................ State Priorities List

SPO ........................... State Project Officer

SPS ............................ Standard Procurement System

SSA ........................... Staff Support Activity

SSC............................ Superfund State Contract

SSHP ......................... Site Safety and Health Plan

SWMU ...................... Solid Waste Management Unit

T

T&E........................... Test and Evaluation

TA.............................. Technical Assistance

TAC........................... Technical Advisory Committee

Tactical Air Command

TAP ........................... Technical Assistance Program

TAT........................... Technical Assistance Team (EPA)

TBC........................... To Be Considered

TC.............................. Toxicity Characteristic

TCL ........................... Target Compound List

TCLP ......................... Toxicity Characteristic Leaching Procedure

TCX........................... Technical Center of Expertise

TDA........................... Table of Distribution and Allowances

TERC......................... Total Environmental Restoration Contract

TEU........................... Technical Escort Unit
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TFO ........................... Transactions for Others

TJAG......................... The Judge Advocate General

TLM .......................... Technical Liaison Manager

TM............................. Technical Manual

Technical Manager

TPQ ........................... Threshold Planning Quantity

TQM.......................... Total Quality Management

TRADOC .................. U.S. Army Training and Doctrine Command

TRC........................... Technical Review Committee

TSCA......................... Toxic Substances Control Act

TSD ........................... Treatment, Storage, and Disposal

TSDF......................... Treatment, Storage, and Disposal Facility

TSG ........................... The Surgeon General

U

UAO .......................... Unilateral Administrative Order

USACE...................... U.S. Army Corps of Engineers

USAF......................... U.S. Air Force

USAEHA................... U.S. Army Environmental Hygiene Agency

USC........................... U.S. Code

USCG ........................ U.S. Coast Guard

USE ........................... Used Solvent Elimination

USGS......................... U.S. Geological Survey
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USPS ......................... U.S. Postal Service

UST ........................... Underground Storage Tank

UXO .......................... Unexploded Ordnance

V

VA............................. Veterans Administration

VE.............................. Value Engineering

VOC .......................... Volatile Organic Compound

W

WA ............................ Work Assignment

WAD ......................... Work Authorization Document/Directive

WAM......................... Work Assignment Manager

WFO.......................... Work for Others (now Support for Others)

WP............................. White Phosphorus

WSR.......................... Waste Shipment Record

WSRA ....................... Wild and Scenic Rivers Act
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APPENDIX C

GLOSSARY *

*All of these terms do not appear in the text of this pamphlet but are provided as a

reference for the RE to illustrate terms commonly used in HTRW work.

Administrative Order - A legal document signed by EPA directing an individual, business, or

other entity to take corrective action or refrain from an activity. It describes the violations and

actions to be taken, and can be enforced in court.

Administrative Order of Consent - A legal and enforceable agreement signed between EPA and

private potentially responsible parties for site contamination, whereby the responsible parties

agree to perform or pay the cost of site cleanup. The agreement describes actions to be taken at a

site and may be subject to a public comment period. Unlike a consent decree, an administrative

order does not have to be approved by a judge. An administrative order can be required for both

CERCLA and RCRA sites.

Administrative Record - A compilation of documents that records the decision-making process

regarding the selection of a response action to be taken at a site.

Air Stripping - A treatment system that removes, or "strips" volatile organic compounds from

contaminated ground water or surface water for forcing an air stream through the water and

causing the compounds to evaporate.

Applicable or Relevant and Appropriate Requirement (ARAR) - Requirements that are legally

applicable or relevant and appropriate under site-specific circumstances. ARARs may include,

but are not limited to, cleanup standards, standards of control, and other environmental protection

requirements, criteria, or limitations. ARARs may also be Federal, state, or local in origin.

Aquifer - A water bearing geologic formation composed of soil or rock that can supply

groundwater to wells and springs.

Baseline Risk Assessment - An evaluation of the potential threat to human health and the

environment in the absence of any remedial action at a site.

Byproduct Material - Means "any radioactive material, except special nuclear material, yielded in

or made radioactive by exposure to the radiation incident to the process of producing or utilizing

special nuclear material". [H&S Code, Chapter 7.6, Section 25805 (d)].

Carcinogen - A substance that causes cancer.
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Carbon Adsorption - A treatment system where contaminants are removed from groundwater,

surface water, or air when the water/air is forced through tanks containing activated carbon, a

specially treated material that attracts the contaminants.

Categorical Exclusion - A category of actions which do not individually or cumulatively have a

significant effect on the human environment and for which neither an environmental assessment

or an environmental impact statement is required.

Chemical Data Acquisition Plan - A written plan, utilized for all contract and in-house HTRW

projects, which describes all details regarding sampling and analysis for chemical parameters. It

is prepared in accordance with ER 1110-1-263 and is functionally equivalent to the EPA's

Quality Assurance Project Plan (QAPP).

Chemical Warfare Material(CWM) - This refers to items configured as a munition containing a

chemical substance that is intended to kill, seriously injure, or incapacitate a person through its

physiological effects. It also includes V- and G- series nerve agent, H- series blister agent and

lewisite in other-than-munition configurations. Due to their hazards, prevalence, and militaryunique application, chemical agent identification sets (CAIS) are also considered CWM. CWM

does not include: riot control agents, chemical herbicides, smoke and flame producing agents, or

soil, water, debris or other media contaminated with chemical agent.

Cleanup - Actions taken to deal with a release or threatened release of hazardous substances that

could affect public health and/or the environment. The term "cleanup" is often used broadly to

describe various response actions or phases of remedial responses such as the remedial

investigation/feasibility study.

Clean Air Act (CAA) - The Clean Air Act was enacted in 1970 to protect and enhance the quality

of the nation's air resources in order to protect and maintain the public health and welfare. 

Through the Clean Air Act, National Ambient Air Quality Standards (NAAQS) were established

for six criteria pollutants: carbon monoxide, sulfur dioxide, nitrogen dioxide, ozone, particulates

and lead. Monitoring data for these pollutants are used to measure the air quality around the

country. In areas that meet the NAAQSs, "Prevention of Significant Deterioration" programs are

required to maintain air quality standards. In non-attainment areas, programs are required to

reduce air pollutants to meet NAAQSs. To control air emissions, notification and permitting

programs have been instituted which evaluate and monitor air pollution activities. In addition to

establishing NAAQSs, the CAA also regulates toxic air pollutants. There are specific regulations

on a limited number of toxics such as asbestos, mercury, and vinyl chloride. However, under the

new CAA of 1990, regulations for an extensive list of toxic chemicals are to be developed.

Clean Water Act (CWA) - The Clean Water Act was enacted in 1972 as a means to restore and

maintain the chemical, physical, and biological integrity of the nations' waters. This is primarily
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accomplished through the National Pollutant Discharge Elimination System (NPDES) Program

and the Section 404 Permit Program.

Closure (as stated in RCRA) - The process in which the owner/operator of a hazardous waste

management facility discontinues active operation by treating, removing form the site, or

disposing of onsite, all hazardous wastes in accordance with an approved closure plan. Closure

entails specific financial guarantees and technical tasks that are included in a closure plan and

which must be implemented. Under RCRA, the facility must be closed in a way that (1)

minimizes the need for further facility maintenance; and (2) controls, minimizes, or eliminates

post-closure escapes of hazardous waste, its Constituents, or byproducts to groundwater or

surface water or to the atmosphere.

Closure Plan - A written plan, subject to approval by authorized regulatory agencies, which the

owner/operator of a hazardous waste management facility must submit with the RCRA permit

application or for interim status closure. The approved plan becomes part of the permit

conditions subsequently imposed on the applicant. The plan identifies steps required to (1)

completely or partially close the facility at any point during its intended operating life, and (2)

completely close the facility at the end of its intended operating life.

Combined Waste - Waste that is not mixed waste and contains both (1) radioactive material and

(2) hazardous waste.

Comment Period - A time period during which the public can review and comment on various

documents and EPA actions. For examples, a comment period is provided when EPA proposes

to add sites to the National Priorities List. Also, a minimum 3-week comment period is held to

allow community members to review and comment on a draft feasibility study.

Community Relations - EPA and/or DOD program to inform and involve the public in the site

remediation process and respond to community concerns.

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or

Superfund) - A Federal law passed in 1980 and amended in 1986 by the Superfund Amendments

and Reauthorization Act (SARA). The law created a special tax that goes into a Trust Fund,

commonly known as Superfund, to investigate and clean up abandoned or uncontrolled

hazardous waste sites. Under the program, EPA can either:

• Pay for site cleanup when parties responsible for the contamination cannot be located or

are unwilling or unable to perform the work.

• Take legal action to force parties responsible for site contamination to cleanup the site or

pay back the Federal government for the cost of cleanup.
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Consent Decree - A legal document, approved and issued by a judge, that formalized an

agreement reached between EPA and potentially responsible parties (PRPs) where PRPs will

perform all or part of a Superfund site cleanup. The consent decree describes actions that PRPs

are required to perform and is subject to a public comment period.

Containerized HTW (CON/HTW) - HTW which is contained within an underground storage

tank, aboveground storage tank, transformer, hydraulic system, etc. If a release is discovered, the

project category becomes HTW rather than containerized HTW.

Contract Lab Program - Laboratories under contract to EPA which analyze soil, water, and waste

samples taken from areas at or near Superfund sites.

Contracting Officer - An individual with the authority to enter into, administer, and/or terminate

contracts and make related determinations and findings.

Contracting Officer's Representative (COR) - An individual trained to prepare procurement

requests and to monitor contractor performance. The COR is not authorized to sign contracts or

to make changes and modifications to a contract.

Corrective Action Management Unit (CAMU) - A contiguous area within a facility (as

designated by EPA) for the purpose of implementing RCRA Corrective Action, and which may

contain discrete, engineered land-based sub-units.

Corrective Measures Implementation - Phase IV of the RCRA Corrective Action Process. 

Involves designing, constructing, operating, maintaining, and monitoring selected corrective

measures.

Corrective Measures Study - Phase III of the RCRA Corrective Action Process. Required if the

need for corrective measures is identified during the RFI phase and involves identifying,

investigating, and selecting measures to clean up contamination.

Cost-Effective Alternative - The cleanup alternative selected for a site on the National Priorities

List based on technical feasibility, permanence, reliability, and cost. The selected alternative

does not require EPA to choose the lease expensive alternative. It requires that if there are

several cleanup alternatives available that deal effectively with the problems at a site, EPA must

choose the remedy on the basis of permanence, reliability, and cost.

Cost Recovery - A legal process where potentially responsible parties can be required to pay back

the Federal government for money it spends on any cleanup actions.

Data Quality Objectives - Quantitative and qualitative statements that specify the data needed to
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support decisions regarding remedial response activities.

Decision Document - Documentation of response action decisions for all actions at non-NPL

sites and for interim response actions at NPL sites.

Defense Environmental Restoration Account (DERA) - A transfer account, established by the

defense Appropriation Act of 1984, that funds the Installation Restoration Program for active

installations and the Formerly Used Defense Sites Program for formerly owned or used

installations. The account also funds the other goals of the Defense Environmental Restoration

Program.

Defense Environmental Restoration Program (DERP) - Provide centralized program management

for the cleanup of DOD hazardous waste sites consistent with the provisions of CERCLA. The

goals of the program are: (1) the identification, investigation, research and development and

cleanup of contamination from hazardous substances, pollutants, and contaminants, (2)

correction of other environmental damage which creates an imminent and substantial

endangerment to the public health, welfare, or to the environment and (3) demolition and

removal of unsafe buildings and structures.

Delisting - The exclusion (or petitioning for exclusion) of a solid waste from the definition of

"hazardous waste" even though that waste is listed as hazardous under RCRA. To have a waste

delisted, the owner/operator of a facility must petition for a regulatory amendment. The

amendment would exclude only the waste generated at the specific facility for which the

applicant provides demonstrations (sampling, testing, and other procedures subject to strict

requirements under RCRA). To be successful in having a waste delisted, the applicant must

satisfy EPA and/or state authorities that the waste does not meet any of the criteria under which

the waste was listed as "hazardous" or have other harmful constituents.

Endangered Species Act (ESA) - The Endangered Species Act serves to protect species

threatened with extinction.

Endangerment Assessment - A study conducted as a supplement to a remedial investigation to

determine the nature and extent of contamination at a Superfund site and the risks posed to

public health and/or the environment. EPA or State agencies conduct the study when legal action

is pending to require potentially responsible parties to perform or pay for the site cleanup.

Enforcement - EPA's efforts, through legal action if necessary, to force potentially responsible

parties to perform or pay or a Superfund site cleanup.

Enforcement Decision Document - A public document that explains EPA's selection of a cleanup

alternative at a Superfund site through an EPA enforcement action. Similar to a Record of

Decision.
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Environmental Response Team - EPA hazardous waste experts who provide 24-hour technical

assistance to EPA Regional Offices and States during all types of emergencies involving releases

at hazardous waste sites and spills of hazardous substances.

Environmental Assessment - A concise public document for which a Federal agency is

responsible that serves to provide evidence for determining whether to prepare an environmental

impact statement of a finding of no significant impact.

Environmental Impact Statement - A public document with a primary purpose of ensuring that

NEPA policies and goals are incorporated early into the programs and actions of Federal

agencies.

Facility (as stated under CERCLA) - (1) Any building, structure, installation, equipment, pipe or

pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond,

lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft;

or (2) any site or area where a hazardous substance has been deposited, stored, deposed of or

placed, or has otherwise come to be located.

Feasibility Study (FS) - A study undertaken to develop and evaluate alternatives for remedial

action.

Federal Agency Hazardous Waste Compliance Docket - A list, maintained by EPA of Federal

hazardous waste treatment, storage, disposal, and spill sites. The Docket include information

submitted by Army installations under Sections 3005, 3010, and 3016 of the Solid Waste

Disposal Act and Sections 103 and 120 of CERCLA.

Federal Facilities Compliance Act (FFCA) - The Federal Facilities Compliance Act of 1992

amended the Solid Waste Disposal Act to clarify provisions concerning the application of certain

requirements and sanctions to Federal Facilities. Important aspects of this Act are:

• The United States has waived sovereign immunity with respect

to certain substantive or procedural requirements of the Solid Waste Disposal Act.

• Federal facilities are now subject to administrative orders, civil and administrative

penalties and fines.

• No Federal employee, or officer of the U.S. shall be personally liable for any civil

penalty under any Federal, State, interstate, or local solid or hazardous waste law with

respect to any act or omission within the scope of the official duties of the agent,

employee or officer.
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• The Act does not provide Federal employee protection for criminal penalties or

fines.

• Federal facilities are subject to reasonable service charges for fees assessed in

connection with the processing and issuance of permits, renewal of permits, amendments

to permits, review of plans, studies, and other documents, and inspection and monitoring

of facilities, as well as any other nondiscriminatory charges that are assessed in

connection with a Federal, state, interstate, or local solid waste or hazardous waste

regulatory program.

Finding of No Significant Impact - A document prepared by a Federal agency presenting reasons

why an action will not have a significant effect on the human environment and for which an

environmental impact statement will not be prepared.

First Line Review - A detailed review of a deliverable by all technical disciplines at one level up

from the production of the deliverable. For the HTRW CX, all appropriate technical disciplines

will provide a review, with or without comments.

Formal Project Management - Project management in accordance with ER 5-1-11.

FUDS Project - For the purposes of "project management", a FUDS project is defined as all

activities at an eligible site necessary to cleanup the site in accordance with all applicable

environmental laws, regulations, and policies.

Generator (as stated in RCRA) - Any person, by site, whose process produces a hazardous waste

or whose actions first cause a hazardous waste to become subject to regulation.

Groundwater - Water found beneath the earth's surface and located in voids between soil and

rock.

Hazardous Material - A Department of Transportation term used to describe materials regulated

under the Hazardous Materials Transportation Act (HMTA). Materials designated as hazardous

for the purpose of transportation are listed in 49 CFR 172. This list of hazardous materials

includes hazardous substances, hazardous wastes, and petroleum products.

Hazardous and Solid Waste Amendments (HSWA) - Modifications to RCRA that were enacted

on November 8, 1984.

Hazardous Chemical [as defined in CERCLA Title III, Section 311(e)] - Any chemical that is a

physical hazard or a health hazard, except:

• Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug
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Administration;

• Any substance present as a solid in any manufactured item to the extent exposure to the

substance does not occur under normal conditions of use;

• Any substance to the extent it is used for personal, family, or household purposes, or is

present in the same form and concentration as a product packaged for distribution and use by the

general public;

• Any substance to the extent it is used in a research laboratory or a hospital or other

medical facility under the direct supervision of a technically qualified individual; and

• Any substance to the extent it is used in routine agricultural operations or as a fertilizer

held for sale by a retailer to the ultimate customer.

Hazardous Constituent (as defined in RCRA, Appendix VIII to 40 CFR 261 or Appendix IX of

40 CFR 264) - chemicals which have been shown in reputable scientific studies to have toxic,

carcinogenic, mutagenic or teratogenic effects on humans or other life forms.

Hazard Ranking System - A scoring system used to evaluate potential relative risks to public

health and the environment from releases or threatened releases of hazardous substances. EPA

and States use the HRS to calculate a site score, from 0 to 100, based on the actual or potential

release of hazardous substances from a site through air, surface water, or groundwater to affect

people. This score is the primary factor used to decide if a hazardous waste site should be placed

on the National Priorities List.

Hazardous Substance (as stated in CERCLA) - Any substance designated pursuant to Section

311(b) (2) (A) of the Clean Water Act; any element, compound, mixture, solution or substance

designated pursuant to Section 102 of CERCLA@ any hazardous wastes having the

characteristics identified under or listed pursuant to Section 3001 of the Solid Waste Disposal

Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has

been suspended by Act of Congress) ; any toxic pollutant listed under Section 307 (a) of the

Clean Water Act; any hazardous air pollutant listed under Section 112 of the Clean Air Act and

any imminently hazardous chemical substance or mixture with respect to which the EPA

Administrator has taken action pursuant to Section 7 of the Toxic Substances Control Act. The

definition specifically excludes petroleum, including crude oil or any fraction thereof which is

not otherwise specifically listed or designated as a hazardous substance in the first sentence of

this paragraph, and the term does not include natural gas, natural gas liquids, liquefied natural

gas of synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas). The list

of hazardous substances is found in 40 CFR 302.
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Hazardous Waste

a. General Definition - in general, the term "hazardous waste" is used to cover all

hazardous wastes and toxic chemicals. However, "hazardous waste" has a specific meaning

under RCRA. Alternately, CERCLA governs "hazardous substances, pollutants, and

contaminants" which includes more than just RCRA "hazardous waste".

b. RCRA Definition (as defined in Title 40 CFR 261) - hazardous waste is a waste

material that is:

(1) "listed" on one of the four predetermined hazardous waste lists; the (F, K, P, or U

lists)

F - Specific Source Waste

K - Non-specific Source Waste

P - Acutely toxic wastes from discarded commercial chemical products, off specification

species, container residues, and spill residues.

U - Toxic wastes from discarded commercial chemical products, off-specification

species, container residues, and spill residues.

or

(2) one that possesses one of four hazardous characteristics:

(a) ignitability

(b) corrosivity

(c) reactivity

(d) toxicity

Health Assessment - An assessment of existing risk to human health posed by NPL Sites,

prepared by the Agency for Toxic Substances and Disease Registry.

Hazardous, Toxic and Radioactive Waste (HTRW) - A USACE idiom referring to substances

which because of their properties, occurrence, concentration, or regulatory status, may potentially

pose a threat to human health and welfare, or the environment. This includes, but is not limited

to, PCBs regulated by TSCA, radioactive wastes, and materials - defined as hazardous waste,
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hazardous substances, and pollutants by Federal regulation. Refer to ER 1165-2-132 for Civil

Works limitations on this definition.

High Level Radioactive Waste - Means "(1) irradiated reactor fuel, (2) liquid waste resulting

from the operation of the first cycle solvent extraction system, or equivalent, and the

concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for processing

irradiated reactor fuel, and (3) solids into which such liquid wastes have been converted". [H&S

Code, Chapter 7.6, Art.2, Section 25805 (1)].

HTRW Program - Activities managed by USACE involving the cleanup of HTRW and OEW

sites, UST removals, implementation of the ECAS program, and other related activities.

Hydrology - The science dealing with the properties, movement, and effects of water on the

earth's surface, in the soil and rocks below, and in the atmosphere.

Incineration - Burning of certain types of solid, liquified, or gaseous materials under controlled

conditions to destroy hazardous waste.

Information Repository - A file containing current information, technical reports, and reference

documents regarding a Superfund site. The information repository is usually located in a public

building that is convenient for local residents - such as a public school, city hall, or library.

In-House Project - A project or portions of a project that are planned and executed by in-house

technical staff at the HTRW design district.

Innovative Technology - Technology for which the design criteria are still under development

and for which there are few full-scale demonstrations. In functional terms, innovative

technologies are defined "as those treatment technologies for source control other than

incineration and solidification/stabilization and pumping with conventional treatment for

groundwater." Consideration of innovative and alternatives technology was mandated by SARA.

Interim Status (as stated in RCRA) - The period during which the owner/operator of an existing

TSD facility is treated as having been issued a RCRA permit even though he/she has not yet

received a final determination. Owner/operator of new facilities cannot by definition qualify for

interim status. An existing facility may automatically qualify for interim status if the

owner/operator files both timely "notification" and the first part (Part A) of the RCRA permit

application. Interim status continues until the permit is issued. Interim status should not be

confused with interim authorization that relates to state programs, not to permit applicants.

IRP Project - For the purposes of "project management", an IRP project consists of all remedial

activities executed by USACE on an installation. Remedial activities may occur on one or more
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operable units, contiguous areas, or a group of contaminated areas defined on a workplan.

Leachate - A contaminated liquid resulting when water percolates, or trickles, through waste

materials and collects components of those wastes. Leaching may occur at landfills and may

result in hazardous substances entering soil, surface water, or ground water.

Lead Quality Assurance (QA) Laboratory - A laboratory capable to provide QA analytical

support for all needed analytical methods in all required matrices. Able to provide QA support

for analytical work being performed in-house by other division laboratories. Develop procedures

and protocols for adoption by other division laboratories.

Low-Level Radioactive Waste - Means "any radioactive waste except high-level radioactive

waste and transuaranic wastes". [H&S Code, Chapter 7.6, Art. 2, Section 25805 (1)].

Management - The act of directing or supervising the activities of others to accomplish a

mission.

Mandatory Review - First or second line review of "key" deliverable documents as delineated in

appendices D, E, F, and G. All mandatory reviews are concurrent or within established project

schedules. The CX will provide disposition of review and comments in the form of official

correspondence to the district for this type of review.

Manifest (as stated in RCRA) - Shipping document EPA form 8700-22 and, if necessary, EPA

form 8700-22A, originated and signed by the generator in accordance with the instructions

included in the Appendix to 40 CFR 262.

Matrix Management - Utilizing USACE corporate resources for execution support (i.e., assets of

HTRW CX, design districts," divisions, etc.).

Mixed Waste - Means "waste that contains both hazardous waste and source, special nuclear, or

byproduct material subject to the Atomic Energy Act of 1954". [Federal Facility/Compliance

Act, Section 3021 (b)(41)]

Monitor (review function) - Deliverables are provided for information. No time critical

mandatory review is required.

Monitoring Wells - Special wells drilled at specific locations on or off a hazardous waste site

where groundwater can be sampled at selected depths and studied to determine such things as the

direction in which groundwater flows and the types and amounts of contaminants present.

National Environmental Policy Act (NEPA) - The National Environmental Policy Act was

established in 1969 to ensure Federal activities safeguard against environmental degradation. 
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Federal agencies are required to include NEPA in their planning process.

National Priorities List - EPA's list of the most serious uncontrolled or abandoned hazardous

waste sites identified for possible long-term remedial response using money from the Trust Fund.

 The list is based primarily on the score a site receives on the Hazard Ranking System (HRS). 

EPA is required to update the NPL at least once a year.

National Oil and Hazardous Substance Contingency Plan [National Contingency Plan (NCP)] - A

plan that provides for efficient, coordinated and effective response to discharges of oil and

releases of hazardous substances, pollutants and contaminants in accordance with CERCLA and

the Clean Water Act. Its full title is the "National Oil and Hazardous Substance Pollution

Control Plan" and is found at 40CFR 300.

National Response Center (NRC) - The Federal operations center that receives notification of all

releases of oil and hazardous substances into the environment. The Center is operated by the

U.S. Coast Guard, which evaluates all reports and notifies the appropriate agency. The NRC can

be contacted 24 hours a day, toll-free at (800) 424-8802.

National Response Team (NRT) - Representatives of 13 Federal agencies who, as a team,

coordinate federal response to nationally significant incidents of pollution and provide advice

and technical assistance to the responding agencies before and during a response action.

Non-Time-Critical Removal Action - A removal action with six months or more available for

planning (compares to Time-Critical Removal Action).

Notice of Intent - A notice that an environmental impact statement will be prepared and

considered.

On-Scene Coordinator (as stated in the NCP) - A Federal official predesignated by EPA or the

US Coast Guard to coordinate and direct Federal responses under Subpart D (Operational

Response Phase for Oil Removal), or the Official designated by the lead agency to coordinate

and direct removal actions under Subpart E (Hazardous Substance Response), of the NCP.

Operable Unit (as stated in the NCP) - A discrete portion of a remedial response that by itself

eliminates or mitigates a release, threat of a release or pathway of exposure and that requires no

additional action to accomplish its objective. The cleanup of a site can be divided into a number

of "operable units", depending on the complexity of the problems associated with the site. 

Operable units may consist of any set of actions performed over time or any actions that are

concurrent but located in different parts of a site.

Operation and Maintenance - Activities conducted at a site after a response action occurs, to
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ensure that the cleanup or containment system is functioning properly.

Ordnance and Explosive Waste (OEW) - Bombs and warhead; guided and ballistic missiles;

artillery, mortar, and rocket ammunition; small arms ammunition; anti-personnel and anti-tank

land mines; demolition charges; pyrotechnics; grenades; torpedoes and depth charges;

containerized or uncontainerized high explosives and propellants; chemical agents; and all

similar or related items or components explosive in nature or otherwise designed to cause

damage to personnel or material. Soils contaminated with explosives will be considered OEW if

the concentration is sufficient to present an imminent safety hazard due to explosion or exposure

to chemical warfare agents. Soils contaminated with explosives that do not constitute an

imminent safety hazard due to explosion or exposure to chemical warfare agents will be

evaluated following HTRW procedures. Surface water and groundwater contaminated with

explosives will be evaluated following HTRW procedures.

Part A (as stated in RCRA) - The first part of the two-part RCRA permit application. To satisfy

application requirements for Part A, an applicant must complete and submit the appropriate

federal and/or state Consolidated Permit Application Forms. The Part A (and Part B) deadline

for new facilities is at least 180 days before construction of a facility is scheduled to begin.

Part B (as stated in RCRA) - The second and more complicated part of the two-part RCRA

permit application. Applicants must submit Part B in narrative form to the designated agency

and include detailed treatment of a wide range of activities and procedures needed for their

facilities to demonstrate proper protection of human health and the environment. To satisfy

requirements for Part B, there may be a state form, but there is no federal form to guide you as in

Part A. For existing facilities, HSWA defines the deadlines for submitting Part B which will be

called at the discretion of regulatory authorities.

Parts Per Billion/Parts Per Million - Units commonly used to express low concentrations of

contaminants. For example, 1 ounce of trichloroethylene (TCE) in 1 million ounces of water is 1

ppm; 1 ounce of TCE in 1 billion ounces of water is 1 ppb. If one drop of TCE is mixed in a

competition-size swimming pool, the water will contain about 1 ppb of TCE.

Pollutant and Contaminant (as stated in the NCP) - Any element, substance, compound or

mixture, including disease-causing agents, which after release into the environment and upon

exposure, ingestion, inhalation or assimilation onto any organism, either directly from the

environment or indirectly by ingestion through food chains, will or may reasonably be anticipated

to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological

malfunctions (including malfunctions in reproduction) or physical deformations, in such

organisms or their offspring. The term does not include petroleum, including crude oil or any

fraction thereof which is not otherwise specifically listed or designated as a hazardous substance

under Section 101(14) (a) through (f) of CERCLA, nor does it include natural gas, liquefied

natural gas or synthetic gas of pipeline quality (or mixtures of natural gas and such synthetic gas).
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For purposes of Subpart E (Hazardous Substance Response) of the NCP, the term pollutant or

contaminant means any pollutant or contaminant that may present an imminent and substantial

danger to public health or welfare.

Post-Closure Plan (as stated in RCRA) - Like a closure plan, except that this plan identifies the

activities (monitoring, maintenance, etc.) to be carried on after closure of a hazardous waste

management facility.

Potentially Responsible Party (PRP) - Current and former owners or operators and persons who

may be accountable for having generated hazardous substances or were involved in transport,

treatment, or disposal of hazardous substances at a site under litigation.

Predesign - Activities involved in defining the problems on a site and in determining the most

feasible solution(s) which ultimately lead to the preparation of a design (i.e., plans and

specifications) for remediation of the problem.

Preliminary Assessment (PA) - An initial analysis of existing information to determine if a

release may require additional investigation or action.

Program Management - A systematic way of making certain a program is conducted efficiently. 

Program management includes Providing adequate resources and guidance, conducting audits,

and continually reviewing the program to ensure the success of the program.

Project - For the purpose of project management, a "project" is defined as all activities at an

HTRW site necessary to clean up the site in accordance with all applicable environmental laws,

regulations, and policies.

Project Management - A systematic way of integrating all aspects of a project including

technical, contractual, real estate, regulatory, and policy considerations to make certain a quality

project is completed and delivered to the customer within budget and on schedule.

Quality Assurance/Quality Control (QA/QC) - A system of procedures, checks, audits, and

corrective actions used to ensure that field work and laboratory analysis during the investigation

and cleanup of Superfund sites meet established standards.

Radioactive Material - Means "any material or combination of materials that spontaneously emits

ionizing radiation". [H&S Code, Chapter 7, Section 256000.5(f)].

Radioactive Waste - Equipment or materials, which are radioactive or have radioactive

contamination and which are required, pursuant to any governing laws, regulations, or licenses,

to be disposed of as radioactive waste. For handling and disposal purposes radioactive waste is
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categorized as high level, transuranic, or low level. Low level waste that also contains

chemically hazardous components is termed mixed waste. The category most likely to be

encountered on USACE projects is low level radioactive waste including mixed waste. Low

level waste is divided into classes based on the degree of rigor required of the disposal method. 

Refer 10 CFR, Part 61. Also, radioactive waste means "any radioactive material that is discarded

as nonusable". [H&S Code, Chapter 7, Section 256000.5(g)].

RCRA Facility Assessment - Phase I of the RCRA Corrective Action process. An evaluation of

a RCRA-regulated site performed by EPA or a State agency to establish the likelihood of a threat

at the site and the need for subsequent corrective action.

RCRA Facility Investigation - Phase II of the RCRA Corrective Action process. A technical

phase that follows a RCRA facility assessment, executed to thoroughly characterize the nature

and extent of releases at a site.

Record of Decision - A public document that explains which cleanup alternative(s) will be used

at National Priorities List sites where the Trust Fund pays for the cleanup. The Record of

Decision is based on information and technical analysis generated during the remedial

investigation/feasibility study and consideration of public comments and community concerns.

Regional Response Team - Representatives of Federal, State, and local agencies who may assist

in coordination of activities at the request of the On-Scene Coordinator or Remedial Project

Manager before and during response actions.

Release (as stated in CERCLA) - Any spilling, leaking, pumping, pouring, emitting, emptying,

discharging, injecting, escaping, leaching, dumping or disposing, into the environment (including

the abandonment or discarding of barrels, containers and other closed receptacle containing any

hazardous substance or pollutant or contaminant), but excludes (A) any release which results in

exposure to persons solely within a workplace, with respect to a claim which such persons may

assert against the employer of such persons, (B) emissions from the engine exhaust of a motor

vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine, (C), release of source,

by-product, or special nuclear material from a nuclear incident, as those terms are defined in the

Atomic Energy Act of 1954, if such release is subject to requirements with respect to financial

protection established by the Nuclear Regulatory Commission under Section 170 or such Act or,

for the purposes of Section 104 of this title or any other response action, any release of source byproduct, or special nuclear material from any processing site designated under Section 102(1) or

302(a) of the Uranium Mill Tailings Radiation Control Act of 1978, and (D) the normal

application of fertilizer.

Remedial Action (RA) - The actual construction or implementation phase that follows the

remedial design of the selected cleanup alternative at a site on the National Priorities List.
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Remedial Design (RD) - An engineering phase that follows the Record of Decision when

technical drawings and specifications are developed for the subsequent remedial action at a site

on the National Priorities List.

Remedial Investigation (RI) - The process undertaken to determine the nature and extent of the

problem presented by a release which emphasizes data collection and site characterization. The

remedial investigation is generally performed concurrently and in an interdependent fashion with

the feasibility study.

Remedial Investigation/Feasibility Study - Two distinct but related studies. They are usually

performed at the same time, and together referred to as the "RI/FS". They are intended to:

• Gather the data necessary to determine the type and extent of contamination at a

Superfund site;

• Establish criteria for cleaning up the site;

• Identify and screen cleanup alternatives for remedial action; and

• Analyze in detail the technology and costs of the alternatives

Remedial Project Manager (RPM) - An individual, designated within an EPA Region, who

directs Federal fund-financed remedial actions and coordinates all other Federal actions at the

scene. The RPM is the counterpart of the On-Scene Coordinator for removal actions.

Remedial Response - A long-term action that stops or substantially reduces a release or

threatened release, of a hazardous substance, that is serious, but does not pose an immediate

threat to public health and/or environment.

Removal Action (RA) ( as stated in CERCLA) - The cleanup or removal of released hazardous

substances from the environment, such actions as may be necessary taken in the event of the

threat of release of hazardous substances into the environment, such actions may be necessary to

monitor, assess and evaluate the release or threat of release of hazardous substances, the disposal

of removal material, or the taking of such other actions as may be necessary to prevent, minimize

or mitigate damage to the public health or welfare or to the environment, which may otherwise

result from a release or threat of release. The term includes, in addition, without being limited to,

security fencing or other measures to limit access, provision of alternative water supplies,

temporary evacuation and housing of threatened individuals not otherwise provided for, action

taken under Section 104(b) of this Act and any emergency assistance which may be provided

under the Disaster Relief Act of 1974.
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Reportable Quantity (RQ) - The quantity of hazardous substance considered reportable under

CERCLA in the event of a release. Reportable quantities are identified in 40 CFR 302.5 and may

be 1, 10, 100, 1,000, or 5,000 pounds. Quantities are to be measured over a 24-hour period.

Resource Conservation and Recovery Act (RCRA) - A Federal law passed in 1976 and modified

in 1984 by the Hazardous and Solid Waste Amendments (HSWA). RCRA has established a

regulatory system to track hazardous waste from the time of generation to disposal, (cradle-tograve). The law requires safe and secure procedures to be used in treating, transporting, storing,

and disposing of hazardous waste. RCRA is designed to prevent new, uncontrolled hazardous

waste sites.

Response Action - Any remedial action, removal action, or cleanup at a site under CERCLA 101

(25). Includes, but is not limited to:

• Enforcement-related activities.

• Removing hazardous materials from a site to an EPA approved, licensed hazardous waste

facility for treatment, containment, or destruction.

• Containing the waste safely on-site to eliminate further problems.

• Destroying or treating the waste on-site using incineration or other technologies.

• Identifying and removing the source of ground-water contamination and halting further

movement of the contaminants.

Responsiveness Summary - A summary of oral and/or written public comments received by EPA

during a comment period on key EPA documents, and EPA's responses to those comments. The

responsiveness summary is especially valuable during the Record of Decision phase at a site on

the National Priorities List when it highlights community concerns for EPA decision-makers.

Risk Assessment - A qualitative and quantitative evaluation performed to determine the risk

posed to human health and/or the environment by the presence or potential presence and/or use

of specific pollutants. Baseline risk assessments are performed as part of the RI.

Safety and Health Program/Plan (SHP) - A written safety and health program/plan for employees

involved in hazardous waste operations meeting the criteria contained in 29 CFR 1910.120 (b),

and EM 385-1-1, Section 1, paragraph 01.A. Safety and health programs developed and

implemented to meet other Federal, State, or local government regulations are considered

acceptable if they cover or are modified to fully cover the applicable topics in these criteria.

Safe Drinking Water Act (SDWA) - The Safe Drinking Water Act was enacted in 1974 to ensure
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the quality of the nations drinking water. Water quality standards have been established to

achieve this goal. Primary drinking water standards, are either maximum contaminant levels

(MCLs) that must be attained, or specific treatment technologies that must be applied. Secondary

drinking water standards are aesthetic standards dealing with properties such as color and odor

that are a measure of water quality, but are not enforceable standards. Whereas water exceeding

primary drinking water standards can not be distributed for consumption, water exceeding

secondary drinking water standards can be distributed. In addition to establishing primary and

secondary standards, EPA also promulgates maximum contaminant level goals (MCLGs). These

are risk-based goals toward which water quality is aimed, but attainment is not mandatory.

Sampling and Analysis Plan (SAP) - A contractor is required to prepare and submit a SAP for

acceptance prior to commencement of sampling activities. A SAP is comprised of a Field

Sampling Plan (FSP) and a Quality Assurance Project Plan (QAPP). The FSP defines 

requirements for sampling, field documentation, onsite chemical analysis, sample packaging, etc.

 The QAPP defines the laboratory analytical and chemical data reporting requirements.

Second Line Review - At a minimum, second line review takes the form of a QA review. A QA

review involves a limited review of the deliverable and/or review of the first line review

comments.

Site Safety and Health Plan (SSHP) - A written plan, separate and distinct from the SHP

(although considered a site-specific component of the SHP), prepared by USACE contractors

(either AE or Construction Services Contractor) or developed by qualified USACE occupational

health/industrial hygiene/safety personnel for in-house HTRW field activities which describes the

methods by which the contractor or USACE personnel will meet the safety and health

requirements of OSHA standards, 29 CFR 1910 and 1926 (specifically 1910.120, EM 385-1-1,

and the technical contract specification provision - SAFETY, HEALTH, AND EMERGENCY

RESPONSE, if applicable). The SSHP will be considered to satisfy the provision for an

Accident Prevention Plan required by FAR clause 52.236-13 if it incorporates the requirements

of EM 385-1-1, specifically section 01.A to include activity hazard analyses. (In addition to

construction contracts, service, supply, or research and development contracting

actions for HTRW site investigation, design, or remediation activities shall specify the use of

FAR 52.236-13).

Site Inspection (SI) - An on-site inspection to determine whether there is a release or potential

release and the nature of the associated threats. The purpose is to augment the data collected in

the preliminary assessment and to generate, if necessary, sampling and other field data to

determine if further action or investigation is appropriate. The information is used to score the

site with the Hazard Ranking System.

Small Quantity Generator (as stated in RCRA) - A regulated facility that generates more than 100
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C-19

kilograms and less than 1,000 kilograms (about 1 ton) of hazardous waste in a calendar month. 

However, even if a small quantity generator avoids the permitting process itself, the facility may

still be subject to certain RCRA conditions (e.g., if the quantity of acutely hazardous wastes

generated in a calendar month exceeds quantities specified under RCRA).

Solid Waste (as stated in RCRA) - Any garbage, refuse, sludge, or other waste materials not

excluded by definition. Exclusions (materials not defined as "solid wastes") include domestic

sewage and any mixture of other wastes that pass through a sewer system to a publicly owned

treatment works; industrial wastewater discharges that are point source discharges subject to

regulation under the Clean Water Act, as amended; irrigation return flows; material defined by

the Atomic Energy Act of 1954, as amended; and in-situ mining material. Note: EPA defines

hazardous waste as a subset of solid waste.

Solid Waste Management Unit (SWMU) - Any discernable waste management unit from which

hazardous constituents may migrate, irrespective of whether the unit was intended for the

management of solid or hazardous wastes. The types of units considered SWMUs are landfills,

surface impoundments, waste piles, land treatment units, incinerators, injection wells, tanks,

container storage areas, wastewater treatment systems, and transfer stations. In addition, areas

associated with production processes at facilities that have become contaminated as a result of

routine, systematic, and deliberate releases of wastes (which may include abandoned or discarded

product), or hazardous constituents from wastes, are considered SWMUs.

Source Material - Means "(1) uranium or thorium, or any other material which the department

declares by rule to be source material after the United States Nuclear Regulatory Commission, or

any successor thereto, has determined the material to be such, or, (2) areas containing one or

more of the foregoing materials, in such concentration as the department declares by rule to be

source material after the United States Nuclear Regulatory Commission, or any successor thereto,

has determined the material in such concentration to be source material. [H&S Code, Chapter

7.6, Art. 2, Section 25805 (e)].

Special Nuclear Material - Means "(1) Plutonium, uranium 233, uranium enriched in the isotope

233 or in the isotope 235; and any other material which the department declares by rules to be

special nuclear material after the United States Nuclear Regulatory Commission or any successor

thereto, has determined the material to be such, but does not include source material; or, (2) any

material artificially enriched by any of the foregoing; but does not include source material". 

[H&S Code, Chapter 7.6, Art. 2, Section 25805 (f)].

Subtitle C (of RCRA) - A principal regulatory provision of RCRA which establishes a

comprehensive "cradle to grave" program to regulate hazardous wastes from generation through

disposal.

Surface Water - Bodies of water that are above ground, such as rivers, lakes, and streams.
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C-20

Superfund - The common name used for the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (CERCLA), also referred to as the Trust Fund, and any

amendments thereafter.

Superfund Amendments and Reauthorization Act (SARA) - Modifications to CERCLA enacted

on October 17, 1986.

Superfund Project - For the purposes of "project management", a Superfund project is a Federal

lead project executed by USACE. A project consists of all phases (RD and RA) and all operable

units at a site.

Technical Review - The review of those aspects of a project relating to the application of

scientific, engineering, regulatory, and legal principles to solve a problem or achieve a goal.

Time-Critical Removal Action - A removal action with less than six months available for

planning (compare to Non-Time-Critical Removal Action).

Toxic Substances Control Act - Whereas RCRA controls the disposal of hazardous wastes after

they have been generated, TSCA was enacted in 1976 to evaluate toxic substances before they

are used and to control the manner in which they are used.

Transuranic Waste - Means "any waste containing more than 100 nanocuries of alpha-emitting

transuaranic elements per gram of waste material". [H&S Code, Chapter 7/6, Art. 2, Section

25805 (1)]

Treatability Study - A bench or pilot scale study conducted during the pre-design or design phase

to demonstrate the feasibility of and to refine operational parameters for a candidate remedial

technology.

Treatment, Storage, and Disposal (TSD) Facility - Any building, structure, or installation where a

hazardous waste has been treated, stored, or disposed. TSD facilities are regulated by EPA and

States under the Resource Conservation and Recovery Act.

Trust Fund - A fund set up under CERCLA to help pay for cleanup of hazardous waste sites and

to take legal action to force those responsible for the sites to clean them up.

Underground Storage Tank (UST) - One or more tanks, including underground connective

piping, that stores "regulated substances" and that is more than 10%, by volume, below the

surface of the ground. Regulated substances include hazardous chemical products regulated

under CERCLA and petroleum products. The UST program, under Subtitle I of RCRA, for the
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C-21

first time applies the RCRA program for storage of products and hazardous substances. 

Underground tanks containing hazardous waste are regulated under Subtitle C of RCRA.

Volatile Organic Compound - An organic (carbon-containing) compound that evaporates

(volatilizes) readily at room temperature.

Water Purveyor - A public utility, mutual water company, county water district, or municipality

that delivers drinking water to customers, (i.e., Publicly Owned Treatment Works (POTW)).
Appendix D

Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

D-1

D-1. BALTIMORE DISTRICT

Bruin Lagoon Bruin, PA Ex-Situ Stabilization Geo-Con, Inc. FFP/UP 22 Nov 88 GSUPERFUNDGroundwater Extraction System Erie, PA Pump & Treat IT Corp. FFP 13 Oct 89 GSUPERFUNDWater Treatment Plant Erie, PA Pump & Treat YWC, Inc. FFP 06 Jun 90 GSUPERFUND (Wheelabrator, Inc.)Drake Chemical Lock Haven, PA Incineration OHM CPFF Nov 94 SUPERFUNDWaldick Sea Girt, NJ Low Temp. Incineration Rust FFP Nov 92 SUPERFUNDAberdeen Proving Ground Aberdeen, MD UXO&CWM removal, groundwater Weston T&M 89 RIRP/BRAC groundwater pump &treat, RCRA Foster Wheeler (IDT) CPFF 94 C cap, Sand cap cover, low level Kaiser (TERC) CPIF 95  radiation fragmentation barriers Weston CPFF 95 Halby Chemical Site Wilmington, DE In-Situ Oxidation of Reactive TERRA Construction Ltd. - - CSUPERFUND/Removal Action Lagoon soil, capture and Incineration Of reaction off-gas, drum Disposal, Soil stabilizationCroyden TCE Croyden, PA Waterline construction - - 05 Oct 89 LSUPERFUND/PRPHeleva Landfill Lehigh Cty, PA\ Landfill Cap CWM FFP 14 Mar 89 SUPERFUND/PRPPalmerton Zinc Palmerton, PA Land reclamation Horsehead Resource - 90 SUPERFUND/PRP Beneficial use of waste Products (sewage sludge &

Flyash)

Heleva Lehigh Cty, PA Groundwater Pump &Treat McLaren Hart FFP 98 SUPERFUND/PRPRevere Chemical Site PA Onsite Incineration, Foster Wheeler - 97 

SUPERFUND.PRP Excavation & Grading, use Synthetic leaching procedure
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Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

 (in lieu of TCLP)Revere Chemical Site PA Landfill Cap, use synthetic OHM - 98 LSUPERFUND/PRP leaching procedure (in lieu of TCLP)Taylor Borough Landfill Taylor, PA Landfill Containment - - 87 

SUPERFUND/PRP Drum Removal, Excavation, Offsite DisposalWarrington Nike Site Warrington, PA Asbestos Removal, USTs OHM CPFF 89 FUDS913th Air Wing Willow Grove, PA USTs Env. Const. & FFP 97 

BRAC Remediation Inc.C&D Recycling Foster township, PA In-Situ, Ex-Situ Stabilization Earth Tech/ERM - 98 LSUPERFUND/PRP Demolition, Excavation, Offsite Disposal, TCLP/SLP Reduction using proprietary Additive (Enviroblend)Moyers Landfill Montgomery, PA Cap - - 13 Oct 89 J

SUPERFUND/PRPDelaware Sand and Gravel New Castle, DE Cap Sevenson Env. Oversight 27 Sep 89 CSUPERFUND/PRPLagoon Closure Letterkenney Army Depot On-site Low Temp Thermal Associated Chemical FFP 20 Sep 88 BIRP Chambersburg, PA Desorption/Landfill & Env. Services Containment (ACES)East Mt Zion Landfill York, PA Landfill Containment Republic Env. FFP 30 May 97 BSUPERFUND (Cap) (Philips Services)Rodale Lehigh Valley, PA Groundwater Pump & Square D - - SUPERFUND/PRP Treat, Onsite Incineration Uses thermal desorption To clear gas streamTacony Warehouse Philadelphia, PA Groundwater Pump & Radian Intl / Env. FFP/ 95 BRAC Treat, Asbestos Removal, Constr.&Remediation CPFF Drum Removal Inc.
Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

D-3

Tysons Dump Tyson, PA Vapor Extraction TERRA VAC / ERM - 89 SUPERFUND/PRPDorney Road Allentown, PA Landfill Containment Four Seasons - 98 SUPERFUND/PRP 

Former Frankford Arsenal Philadelphia, PA Demolition, Asbestos Env. Constr & FFP/ 95 FUDS Removal, USTs, ASTs Remediation Radian CPFF

 International

Moyer Landfill Montgomery County, Landfill Containment Chemical Waste Management 90 & 93 JSUPERFUND/PRP PAMoyer Landfill Treatment Montgomery County, Groundwater Pump &Treat - - 98 JSUPERFUND/PRP PA Biological Reduction of VOC & CODTacony Warehouse Tacony, PA Groundwater Pump & Env. Restoration Co./ FP/ 93 JBRAC Treat, Asbestos Removal, Radian Int’l CPFF USTsStrasburg Landfill Chester County, PA Landfill Containment, Smith Tech. (bankrupt) FFP 97 JSUPERFUND Groundwater Pump & Reliance National R Treat, use UV oxidation (Surety Earth Tech to destroy VOCs, AOP completion KR) treatment of groundwaterPhiladelphia Naval Gear Lester, PA USTs Radian Int’l FFP 96 JIndustrial FacilityFUDS/PRPAustin Ave. Radiation Landsdown, PA Demolition, Radioactive Sevenson Env. FFP 95 JSUPERFUND/PRP Removal/Cleanup Rebuild of homes (used Argone Nat’l Lab for QA testing)Valley Forge General Hospital Phoenixville, PA Landfill Containment, Various FFP 97 JFUDS/PRP Mercury, AST/UST, TransformersTonolli Nesquehoming, PA Ex-situ Stabilization, Demolition Nactec - 98 JSUPERFUND/PRP Asbestos Removal, Lead Abatement Excavation, offsite disposal, USTs TCLP Reduction of lead contaminated with enviroblendLackawana Refuse Lackawana, PA Landfill Containment (cap), Chemical Waste FFP 87 J
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Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

SUPERFUND Drum Removal, Excavation, Management Offsite DisposalStanley Kessler King of Prussia, PA Groundwater Pump &Treat Advanced Geo Services - 98 RSUPERFUND/PRPRecticon/Allied Steel Parker Ford, PA Groundwater Pump & Treat Dames & Moore PRP 98 REPA/PRP Drum RemovalCryochem Pottstown, PA Groundwater Pump & Treat ETA CPFF 98 REPA/O&MHavertown PCP Havertown, PA Landfill Containment, Radian Int’l CPFF 97 TSUPERFUND/PRP Groundwater Pump & Treat, J Excavation, Offsite Disposal Extraction well install., AOP Treatment for GWPaoli Railyard Paoli, PA Landfill Containment, In-Situ - - - T

SUPERFUND/PRP Stabilization, Ex-Situ Stabilization, Demolition, Asbestos Removal, Excavation, Offsite Disposal, USTsD-2. NEW ENGLAND DISTRICT.

New Bedford Harbor Hot Spot New Bedford, MA Dredge PCB/Dewater Perland Env. FFP 92 OU IISUPERFUNDNyanza Chemical Ashland, MA Consolidation/Capping Foster Wheeler Env. CPFF 13 Oct 88 CSUPERFUND (Mercury, Pesticides) Corp.Baird & McGuire OU #1 Holbrook, MA Groundwater Treatment Metcalf & Eddy FFP 20 Feb 91 JSUPERFUND O&M ServicesBaird & McGuire OU #2 Holbrook, MA Incineration OHM Remediation FFP 30 Mar 92 JSUPERFUND (Pesticides, Dioxin) Services Corp.Charles George Landfill Tyngsboro, MA Leachate/Groundwater Roy F. Weston, Inc. CPFF 01 Nov 96 SUPERFUND TreatmentSilresim Superfund Site Lowell, MA Groundwater Treatment Foster Wheeler Env. CPFF 21 Jul 94 C
Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

D-5

SUPERFUND (Solvents) Corp.Silresim Superfund Site Lowell, MA Soil Vapor Extraction Foster Wheeler Env. CPFF Aug 96 CSUPERFUND Corp.Norwood Superfund Site Norwood, MA Groundwater Treatment Foster Wheeler Env. CPFF 19 Aug 94 CSUPERFUND (PCB) Corp.Army Material Testing Lab Watertown, MA Building Decontamination Roy F. Weston, Inc. CPFF 93-97 BRAC (Chemicals & Radium)Stratford Superfund Site Stratford, CT Residential soil removal Foster Wheeler Env. CPFF May 94 SUPERFUND (Asbestos, Lead) Corp.Pre-Treatment Facilities Tyngsboro, MA Groundwater Pump&Treat Roy F. Weston, Inc. CPFF 07 Mar 97 

Charles George Landfill Sewerline, Pumping StationsSUPERFUND (Ion Bacteria)Alternative Water Supply Smithfield, RI Water Supply System Process Const. FFP 12 Jun 96 MDavis Liquid Superfund Site ManagementSUPERFUNDDemolition of Raymark Buildings Stratford, CT Landfill Containment, Foster Wheeler Env. CPFF 29 Mar 95 SUPERFUND Groundwater Pump&Treat, Corp. Demolition, Drum Removal, Lagoon Remediation, USTs, Asbestos RemovalLonczak Drive Area Chicopee, MA Air Sparging Env. Chemical Corp. CPFF 12 Feb 98 RFormer Westover AFB (Jet Fuel)FUDSRemedial Action Prudence Island, RI Bioremediation, Roy F. Weston, Inc. CPFF 24 Jun 97 CFUDS Air Sparging BVarious Remedial Actions Ayer, MA Ordnance Explosives, Roy F. Weston, Inc. CPFF 05 Feb 96 SFort Devens Landfill Containment,BRAC Drum Removal, USTs, Excavation, Offsite DisposalFormer Fuel Farm Long Island, ME Excavation, Offsite Disposal Roy F. Weston, Inc. CPFF 16 Jul 97 CFUDS B

PCB Remediation Coventry, RI Excavation, Offsite Disposal Roy F. Weston, Inc. CPFF 10 Jul 97 JPicillo Farm (PCB)SUPERFUND
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Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

Aqua Tank Farm Quonset Point, RI Air Sparging Roy F. Weston, Inc. CPFF 26 Jun 97 JFUDSRestore Camp Avenue Quonset Point, RI Landfill Containment, Coastal Env. Corp. FFP 15 Oct 97 JDump Site Drum Removal,FUDS Excavation, Offsite DisposalDemolition/Closure of Hingham, MA Ammunition/Bunkers J&W Company, Inc. FFP 16 Jul 97 JUnsafe Structures Demolition, AsbestosFUDS RemovalRemedial Action, Hope Island Portsmouth, RI Excavation, Offsite Disposal Stone & Webster Env. CPFF 24 Sep 97 CFUDS (PCB) Technical Services Building 105, Charles Navy Boston, MA Asbestos Removal, Lead Stone & Webster Env. CPFF 25 Jun 97 Yard Abatement, Excavation, Technical ServicesFUDS Offsite Disposal, Cleanup of former chain forge shop, blacksmith & locomotive shops for future museumRemedial Action at Campbell Bourne, MA Excavation/Offsite Disposal Stone & Webster Env. CPFF Jul 98 School (pesticides), PCB Removal Technical ServicesFUDS (calking), DemolitionBlue Beach Landfill, North Kingston, RI Landfill Containment, Env. Chemical Corp. CPFF Jul 98 Quonsett Point Excavation, Offsite DisposalDow Pines Recreation Area Great Pond, ME Demolition, Drum Removal, Coastal Env. Corp. FFP Aug 98 

FUDS Excavation, Offsite Disposal, Aboveground Storage TanksDemolish Building 108, Boston MA Power Plant Demolition, Stone & Webster Env. CPFF Jul 98 SCharleston Navy Yard Asbestos Removal Technical ServicesFUDSOrdnance Removal, Taunton, MA Ordnance/Explosives Env. Chemical Corp. CPFF Jul 98 MCohen PropertySUPERFUNDAsbestos Remediation Nashua, NH Excavation/Offsite Disposal Stone & Webster Env. CPFF Feb 98 JNashua River (asbestos in river & banks) Technical ServicesSUPERFUND
Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

D-7

D-3. NEW YORK DISTRICT.

Fried Industries East Brunswick, NJ Contaminated Building IT Corp. FFP 1998 SUPERFUND DemolitionMiddlesex FUSRAP Site Middlesex, NJ Radioactive Waste Removal Bechtel National, Inc. CPFF 1998 FUSRAP Cleanup, Excavation, Offsite DisposalMaywood FUSRAP Site Maywood, NJ Radioactive Waste Removal Bechtel National, Inc. CPFF 1998 FUSRAP Cleanup, Excavation, Offsite DisposalWayne FUSRAP Site Wayne, NJ Radioactive Waste Removal Bechtel National, Inc CPFF 1998 FUSRAP Cleanup, Excavation, Offsite DisposalHiggins Farm Site Franklin Township, NJ Groundwater Pump & Treat Radian Int’l FFP 1997 SUPERFUNDMetaltec/Aerosystems Site Franklin Borough, NJ Low Temp Volatilization Sevensen Env. FFP 1996 SUPERFUND System, Excavation, Offsite Services, Inc. DisposalU.S. Radium Site Orange, NJ Radioactive Waste Removal, Sevensen Env. FFP 1996 SUPERFUND Cleanup, Excavation, Offsite Services, Inc. DisposalAsbestos Dump Site Milington, NJ Excavation, Offsite Disposal, CDM FFP 1997 SUPERFUND Asbestos Contaminated SoilKin-Buc Landfill Edison, NJ Landfill Containment (cap& Chemical Waste FFP 1995 SUPERFUND slurry wall), drum removal ManagementMontclair, Glen Ridge, and Essex County, NJ Radioactive Waste Removal Sevensen Env. FFP 1990 West Orange Radium Sites Cleanup, Excavation, Offsite Services, Inc.SUPERFUND DisposalBog Creek Farm Site Howell Township, NJ On-Site Incineration Chemical Waste FFP 1989 SUPERFUND ManagementMetaltec Aerosystems Site Franklin Borough, NJ Excavation, Offsite Disposal Sevensen Env. FFP 1988 SUPERFUND Services, Inc.Industrial Latex Site Wellington, NJ Contaminated Building Sevensen Env. FFP 1986 
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Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

SUPERFUND Demolition, Asbestos Services, Inc.Former Raritan Arsenal Edison, NJ Excavation, Offsite Disposal Depot Road Leasing FFP 1997 FUDS USTsKilmer Reserve Center Edison, NJ USTs Abatement Env. FFP 1997 FUDS Resources Inc.Great Swamp National Refuge Great Swap, NJ Excavation, Offsite Disposal R&R International FFP 1996 SFO (Fish & Wild Life Services)Bog Creek Farm, Long Term Howell Township, NJ Groundwater Treatment Wleelabrator EOS, Inc. FFP 23 Sep 96 GO&M (year 2)SUPERFUNDCircutron OU2 Farmingdale, NY Groundwater Treatment Radian International FFP 27 Jul 98 VSUPERFUNDClaremont Polychemical Corp. Bethpage, NY Groundwater Treatment Radian International FFP 29 Sep 95 SUPERFUND LLCGlenzale Plating D.O. 18 Franklin Square, NY Excavation, Offsite Disposal Sevensen Inc. FFP 5 Aug 97 SUPERFUNDLang O&M Task Order 2 Pemberton, NJ O&M GW Treatment Plant Sevensen Inc. FFP 14 Nov 97 SUPERFUNDVestal 1-1 D.O. 8 Vestal, NY Soil Vapor Extraction Sevensen Inc. FFP 26 Mar 96 SUPERFUNDGCL Tie & Treating Sidney, NY Soil Treatment National Env. FFP 31 Mar 98 JSUPERFUND Serv. Co.Brewster Weldfield O&M Brewster, NY O&M of Groundwater Kemron FFP Dec 97 NSUPERFUND Extraction Treatment/ Discharge SystemColonie Site Colonie, NY Designated Area TCE ICF Kaiser CPFF 29 Apr 98 RFUSRAP & PCE Engineers Inc.D-4. OMAHA DISTRICT.Methyl Parathyon Pesticide Jackson County, MS Pesticide Removal/Cleanup OHM Corp. CPFF 1997 JContamination
Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

D-9

EPA Removal ActionGeothermal Test Facility El Centro, CA Excavation, Offsite Disposal OHM Corp. CPFF 1996 ABrine BondDOE Removal ActionJoliet Army Ammunition Plant Joliet, IL Excavation, Offsite Disposal OHM Corp. CPFF 1996 JBRAC Oil Sludge Pit, UXO RemovalLow Level Radioactive Waste Ames, IA Radioactive Waste Removal/ OHM Corp. CPFF 1995 TRemoval CleanupDOE Removal ActionNational Wood Preservative Havertown, PA Demolition/Excavation, Offsite OHM Corp. CPFF 1996 WSite Disposal/Landfill CapSUPERFUNDSelma Products Wood Fresno, CA Groundwater Pump and Treat IT Corp. CPFF 1997 WPreservative SiteSUPERFUNDTennessee Products Site Chattanooga, TN Excavation, Offsite Disposal IT Corp. CPFF 1997 EPA Removal Action of Coal Tar WasteFawick Park Sioux Falls, SD Excavation, Offsite Disposal IT Corp. CPFF 1997 EPA Removal Action of Coal Tar WasteWestbank Asbestos Site New Orleans, LA Residential Asbestos IT Corp. CPFF 1996 JEPA Removal Action Removal ActionPalos Forest Preserve, Site A Chicago, IL Low Level Radioactive Waste IT Corp. CPFF 1996 DOE Removal Action Stabilization and RemovalDenver Federal Center Denver, CO In-Situ Remediation Through IT Corp. CPFF 1996 Interim Corrective Measures Gate and Funnel TechnologyWFOHazardous Landfill Cap March AFB, CA Landfill Containment RCRA IT Corp. CPFF 1994 JMarch AFB Cell ConstructionBRACAF Plant 85 Columbus, OH PCB Removal Action IT Corp. CPFF 1995 WFO (AF & GSA)Oconomowoc Electroplating Ashippun,WI Excavation, Offsite Disposal IT Corp. CPFF 1994 J
EP 415-1-266

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Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

Superfund Site from contaminated wetlandsSUPERFUNDD-5. PHILADELPHIA DISTRICT.Bridgeport Rental and Bridgeport, NJ Incineration on-site Ebasco (Foster- FFP 01 Mar 89 Oil Services Wheeler)Helen Kramer Landfill Mantua Twp, NJ Capping & slurry wall, IT-Davy Joint Venture FFP 06 Oct 89 J pump & treatLipari Landfill Phase I Mantua Twp, NJ Capping/slurry wall D’Appolonia (IT Corp) FFP 26 Jul 83 S

Lipari Landfill Mantua Twp, NJ Pump and treat Bechtel Corp FFP 12 Jul 89 

Lipari Landfill O&M Mantua Twp, NJ Pump & Treat O&M Radian CPFF 92 SDeRewal Chemical Site Frenchtown, NJ Contaminated soil removal/ R&R International RFP/FFP 97  disposalFAA Technical Center, Pomona, NJ Free product recovery, Aguilar FFP/UP 19 Mar 96 Area D Fuel Farm O&M treatment facilityFAA Technical Center, Pomona, NJ Pump/treat/reinjection M.L. Ruberton FFP 96 Area 20 GroundwaterFAA Technical Center, Pomona, NJ PCB Contaminated soil Radian FFP 26 May 98 Area 20 PCB Soil Removal removal/disposalVineland Chemical Demolition Vineland, NJ Demolition/disposal Castle Abatement FFP 95 Vineland Chemical Soils/GW Vineland, NJ Arsenic treatment Black & Veatch FFP 97 

South Jersey Clothing Co. Buena Boro, NJ Pump/treat/reinjection Sevenson RFP/FFP 97 DuPont Chemical Plant Deepwater, NJ FUSRAP site 

Krysowaty Farm Site Hillsborough Twp, NJ Disposal of excav soil Sevenson FFP/UP 27 Sep 85 D'Imperio Property Site Hamilton Twp, NJ Disposal of excav soil/drum Sevenson FFP/UP 21 Jul 86 Phase ID'Imperio Property Site Hamilton Twp, NJ Groundwater pump, treat, WATEC Oversight 1995 Phase II reinjection
Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

D-11

Industrial Latex Wallington, NJ Low Temp Thermal ECC Inc RFP/FFP 31 Aug 98 

 Desorption, PCB Soil

Pepe Field Boonton, NJ In-Situ Stabilization Radian CPFF Jun 98 

 Off-Site Disposal

Cosden Chemical Demolition Beverly, NJ Demolition/disposal CATI Inc. FFP 97 Diamond State Salvage Wilmington, DE Soil removal/Disp OHM Oversight 98 D-6. TULSA DISTRICT.

Remediation of Burning Longhorn Army Low temp thermal desorp Radian International, CPAF 09 May 93 Grounds and Unlined Ammo Plant, TX for soils, air stripping for LLC Evaporation Pond groundwater (TCE), (waterIRP collection in trenches)Groundwater extraction Reese AFB, TX Various incl. air stripping OHM Remediation CPAF 15 Mar 95 & treatment plus ground for groundwater Svcs., Inc. water reinjection, TowerArea & Southwest Landfill(T.O. 6, Design and Phase I)BRACGroundwater extraction Reese AFB, TX Various incl. air stripping OHM Remediation CPAF 26 Sep 96 & treatment plus ground for groundwater Svcs., Inc. water reinjection, TowerArea & Southwest Landfill(T.O. 20, Phase II)BRACTar Creek Superfund Site Ottowa Cty, OK Soil excav, removal to Morrison Knudsen CPAF 01 May 96 (T.O. 11, Residential repository, and replace Removal Action) w/clean soilSUPERFUNDTar Creek Superfund Site Ottowa Cty, OK Soil excav, removal to Morrison Knudsen CPAF 10 Nov 97 (T.O. 20, Remedial Action) repository, and replace CPIF SUPERFUND w/clean soil
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Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

Ft. Sill (T.O. 16, Group A Ft. Sill, OK Tank removal, soil excav, IT Corporation (IT) CPAF 12 Aug 93 Tank Removals) landfarming IRPFt. Sill (T.O. 20, Group B Ft. Sill, OK Tank removal, soil excav IT CPAF 27 Sep 93 Tank Removals) landfarming IRPFt. Sill (T.O. 10, POL Site Ft. Sill, OK Tank removal, soil excav OHM Remediation CPAF 17 Apr 95 Remediation) landfarming (OHM) Svcs., Inc. IRPLow Level Radioactive Waste Tinker AFB, OK Waste excav, shipment to IT CPAF 31 Jul 97 IRP Envirocare, thermal J desorption, landfill grading, RCRA coverD-7. LOS ANGELES DISTRICT.Oil Spill & Tank Closure Davis Monthan AFB Bioremediation, Morrison Knudson FFP 98 MIRP & Titan Missile In-Situ Stabilization, PRAC Museum, AZ Ex-Situ Stabilization, USTs RemovalUST Removal/Upgrades & FT Huachuca, AZ Ordnance Explosives, Morrison Knudson FFP 98 MMisc. Cleanup Bioremediation, PRACFUDS In-Situ Stabilization, Demolition, USTs Removal, Radioactive Waste CleanupKTAR/KAAA FEMA Sites, AZ USTs Removal Maness Env. FFP 98 MSFO (FEMA) ID/IQHassayampa Landfill Closure Buckeye, AZ Landfill Containment, PRP Oversight N/A 96 MEPA Oversight Groundwater Pump &TreatDateland Army Airfield Closure Dateland, AZ Bioremediation, Morrison Knudson FFP 97 MFUDS Ex-Situ Stabilization, PRAC USTs RemovalUS Border Patrol Aviation Tanks Various Locations, AZ USTs Removal Maness Env. FFP 98 MSFO ID/IQLuke AFB JP-8 Tanks Luke AFB, AZ Lead Abatement, Morrison Knudson FFP 98 
Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

D-13

IRP Asbestos Removal PRACTank Replacement/LBP Removal Yuma & Douglas AZ Lead Abatement, Morrison Knudson FFP 97 MSFO (US Border Patrol) USTs PRACLas Vegas AFS Closure Angel Peak, NV Demolition, PCB, Maness Env. FFP 98 MFUDS Drum Removal, USTs ID/IQDel Amo Superfund Site Torrance, CA JSUPERFUNDMcColl Superfund Site Fullerton, CA Landfill Containment, Parsons Env. 

SUPERFUND (PRP)UST Removal – Bldg 358, Vandenberg AFB, CA UST Removal Morrison Knudsen FFP 97 J

380, 1577, 12000, 7425, IDIQFacility 1987Stringfellow Hazardous Waste Riverside, CA Groundwater Pump & Treat Metcalf & Eddy FFP SiteSUPERFUNDOperating Industries, Inc. Monterey Park, CA Landfill Containment CDM-Federal Programs CPAF 93 SFO Corp.Montrose Superfund Site Torrance, CA Excavation, Offsite Disposal Env. Chemical Corp. FFP 98 SUPERFUNDFt. Irwin Range Maintenance Ft. Irwin, CA Ordnance/Explosives, ATI/OES T & M 97 JIRP DemolitionEast Elliot, Time Critical Santee, San Ordnance/Explosives Human Factors T & M 98  ApplicationsRemoval Action Diego, CAFUDSUranium Mine Investigation Navajo Nation, NV Radioactive Waste Removal/ T & M 98 SUPERFUND CleanupBrown & Bryant Arvin, CA Vapor Extraction Morrison Knudsen FFP 98 J

SUPERFUNDD-8. LOUISVILLE DISTRICT.

Incineration of Explosives Savanna Army Excavation/Onsite Incineration Roy F. Weston FFP 90 DContaminated Soils Depot, Il of Explosives Contaminated
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Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

BRAC SoilsThermal Vitrification Rock Island Arsenal, Demonstration Project, Thermal Midwest Foundation FFP 97 DDemonstration Project IL Vitrification Technology for Corp.SFO (CERL) Removal of Lead based paintGarfield Navel Weapons Plant Decatur, IL Removal of Free Product in Aneptek Corp. FFP 98 DFUDS Ground Water and Cleanup of Hazardous from Several PitsRCRA Closure, APE-1236 Savanna Army Depot, Ordnance/Explosives (sweep/ Westinghouse FFP 95 DDeact Furnace IL clearance of area prior to Remediation ServicesBRAC work), Stabilization of lead Contaminated soilOpen Burning Grounds Savanna Army Depot, Sifting/Screening technology to Env. Science&Eng., Inc. FFP 94 Demonstration Project IL remove UXOs and other related Ordnance/ExplosivesBRAC ordnance debris from soils Env.ServicesFiring Training Pit, Soils Savanna Army Depot, Clearance/Removal of Four Seasons FFP 93 Remediation IL Unexploded Ordnance, onsite EnvironmentalBRAC Incineration of Petroleum Contaminated SoilsRemoval of Fill Material Fort Sheridan, IL Excavation/Disposal of Fill International CPFF 97 CBRAC Containing Coal Fragments, Technologies 

 Removal of USTs.Interim RA for Landfill 6 & 7 Fort Sheridan, IL Demolition, Landfill Containment, Stone & Webster CPFF 96 BRAC Excavation/Disposal, Leachate  Pump & Treat, Gas Pump & TreatD-9. NEW ORLEANS DISTRICT.

Bayou Bonfouca Source Slidell, LA Incineration of Creosote IT and OHM FFP 31 May 91 Control OU Contaminated Waste SUPERFUNDAmerican Creosote Works Winnfield, LA Incineration/in-situ IT FFP 01 Jul 94 SUPERFUND bioremediation Southern Shipbuilding Slidell, LA Incineration OHM CPAF 16 Aug 95 
Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

D-15

SUPERFUND 

Popile Superfund Site El Dorado, AR Bioremediation (land Morrison-Knudsen CPAF 29 Aug 97 SUPERFUND treatment) Agriculture Street Landfill New Orleans, LA Removal of Contaminated OHM CPAF 19 Sep 97 SUPERFUND Soil & 2 feet Barrier Defense Information Systems Slidell, LA Asbestos removal OHM CPAF Pending Agency T

SFOD-10. HUNTINGTON DISTRICT.

New Lyme Landfill Ashtabula City, OH Landfill Containment, Pump & Sevensen Env. FFP Sep 88 SUPERFUND Treat Services, Inc.Old Mill Landfill Rock Creek, OH Pump & Treat, Excavation, Aptus Corp. FFP Mar 88 

 25 Mar 88 J

SUPERFUND Offsite DisposalWest Virginia Ordnance Pt. Pleasant, WV Landfill Containment, Pump& OH Materials FFP 28 Aug 90 Works Treat, Demolition, Asbestos Bhatt ContractingFUDS RemovalLockborne AF Base Columbus, OH Excavation, Offsite Disposal, Petro Env. FFP 92 FUDS USTsSummit Equipment Akron, OH Excavation, Offsite Disposal ECC FFP, Jul 98 WSFO (DRMS) (PCB) CPFFD-11. NASHVILLE DISTRICT.

Tennessee Products Chattanooga, TN Excavation/Offsite Disposal Int. Technology Corp./ CFF 1997 BSUPERFUND Pesticide/Herbicide, Thermal Kipin Industries, Inc. DestructionWSM Transmitter AST Brentwood, TN Upgrade Above Storage Env. Chemical Corp./ CPAF 1998 Upgrade Tank PMISFO/FEMAPineville Pineville, KY Lead Abatement, USTs, Chemical Corp. CPAF 1998 

SFO/Army Reserve Excavation/Offsite Disposal
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Construction Points of Contact on HTRW Projects

Contract

Project Location Technology Const. Contractor Type Award Date 

202 Non Structural Program Several Sites, KY Asbestos Removal/ ASTECH Corp./USACE/CW Demolition Asbestos&Env. FFP 1995 

 Services

Asbestos, Lead Abatement Several Sites, KY Asbestos Removal, Lead ASTECH FFP 1992 Tank Removal Abatement, Excavation/SFO/Army Reserve Offsite Disposal, USTsFAA UST Removal Gray, TN Excavation/Offsite Marion Env. FFP 1996 

SFO (FAA) Disposal, USTsAsbestos Removal Knoxville/Greenville, Asbestos Removal American Env. FFP 1991 SFO/ Army Reserve Center TN ProtectionFAA Emergency Generator Lynch, KN USTs Ferfuson-Harbour, Inc. FFP 1995 Backup for Radar StationSFO (FAA)FAA UST Removals Several Sites, KY Excavation/Offsite Four Seasons Industrial FFP 1992 SFO (FAA) Disposal USTs Services, Inc.FAA UST Removals Several Sites Excavation/Offsite Four Seasons Industrial FFP 1991  (TN, NC, VA)SFO (FAA) Disposal, USTs Services, Inc.Lead Abatement Several Sites, KY Lead Abatement ASTECH Corp. FFP 1993 SFO/Army Reserve Center
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APPENDIX E

INTERNET WEB SITE REFERENCES

Subject Internet Address

All USACE Publications http://www.usace.army.mil/inet/usace-docs/

USACE Criteria Documents http://www.hnd.usace.army.mil/techinfo/

and Guide Specifications index.htm

USACE HTRW Guidance Documents http://hq.environmental.usace.army.mil/

library/guidance/guidance.html

USACE Environmental Division http://hq.environmental.usace.army.mil/

Home Page

USACE FUDS Website http://hq.environmental.usace.army.mil/

programs/fuds/fuds.html

USACE Spill Reporting Procedures http://www.environmental.usace.army.mil/info/

technical/comply/complys/complys.html

USACE Procedures for Administration http://hq.environmental.usace.army.mil/

of Cost Contracts and Guide to Best tools/reimburse/reimburse.html

Practices for Cost Reimbursement

Contracts

USACE Construction Bulletins http://www.hq.usace.army.mil/cemp/c/library.htm

USACE CX Roles and Responsibilities http://www.usace.army.mil/inet/centers

USACE PROSPECT Courses http://pdsc.usace.army.mil

HTRW CX http://www.environmental.usace.army.mil/

HTRW CX Review Responsibilities http://www.usace.army.mil/inet/functions/cw/

cecwe/coexpert/newcoe/mcx/htrw/htrw.htm
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E-2

HTRW and Environmental http://hq.environmental.usace.army.mil/

Lessons Learned tools/lessons/lessons.html

Environmental Compliance and http://www.environmental.usace.army.mil/

Transportation Information Bulletin info/technical/comply/complpub/complpub.html

Environmental Regulatory Fact Sheets http://www.environmental.usace.army.mil

and Frequently Asked Questions /info/technical/comply/comply.html

OE MCX Homepage http://www.hnd.usace.army.mil

OE Guidance Documents http://www.hnd.usace.army.mil/oew/

policy/regpro.html

EP 200-1-2 Process and Procedures http://www.usace.army.mil/inet/

for RCRA Manifesting usace-docs/eng-pamphlets/ep.htm

Modern Army Record Keeping http://www.rmd.belvoir.army.mil/markstit.htm

System (MARKS)

The Code of Federal Regulations http://www.access.gpo.gov/

nara/cfr/cfr-table-search.html 

Federal Acquisition Regulations http://farsite.hill.af.mil/

(FAR)

State Regulations http://www.denix.osd.mil/

Overseas Environmental Baseline http://osiris.cso.uiuc.edu/denix/Public/

Guidance Document (OEBGD) Library/Intl/OEBGD/toc.html

NetREDI system http://registration.railnetredi.com
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F-1

APPENDIX F

REFERENCES (Copies Furnished)

CECC-J memorandum, 13 Mar 98, “Fees for Licensing, Certification, Training, and Professional

Engineers Stamps”(pg.F-2)

CEHR-E/CESO-I memorandum, 19 Oct 90, "Supplemental Guidance on Hazard Pay

Environmental Differentials Regarding Hazardous and Toxic Waste (HTW) Sites" (pg. F-5)

CECI-IR/CEMP-R memorandum, 10 Aug 99, “Environmental Classification Standards”

(pg. F-28)

CEMP-RS/CERE-AP memorandum, 22 Nov 89, "USACE Real Estate Support for EPA

Superfund Program" (pg. F-53)

CERE-AP memorandum, 6 Feb 98, “Guidance for the Provision of Real Estate Support to the

Formerly Utilized Sites Remedial Action Program and Delegation of Authority to Execute

Rights-of-Entry and Acquire Real Property and Interests Therein (pg. F-62)

CESO-I (40-5) memorandum, 23 Sep 99, “HTRW Medical Surveillance Program Inclusion and

Frequency Criteria” (pg. F-67)

EPA OSWER Directive 9355.5-01/FS, Feb 90, "Real Estate Acquisition Procedures for USACE

Projects" (pg. F-72)

Pre-Award Site Visit Agreement, "Liability Release for Contractor Site Visit" (pg. F-78)

U.S. EPA letter, 18 Oct 90, authorizing CE personnel to sign manifests on EPA’s behalf (pg. F79)

Annual Financial Agreement Between the Defense Contract Audit Agency and the U.S. Army

Corps of Engineers, Fiscal Year 2000, Agreement Number 002900 (pg. F-82)

CEMP-RS memorandum, 7 Jan 99, “Implementation of the Program and Project Management

Information System (PROMIS) for Environmental Programs” (pg. F-89)

CESO-I memorandum, 13 May 94, “HTRW Safety and Health Training Courses and Medical

Surveillance Required by OSHA Standards 29 CFR 1910.120 and 1926.65” (pg. F-94)
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F-2

CECC-J 13 MAR 1998

MEMORANDUM FOR CHIEF, GENERAL ENGINEERING BRANCH, DIRECTORATE OF

CIVIL WORKS (ATTN: CECW-EP/Charles Pearre)

SUBJECT: Fees for Licensing, Certification, Training, and Professional Engineers Stamps

1. Reference:

 a. Electronic Mail from Charles Pearre to Robert Nichols, September 5, 1997,

subject: Help;

b. Memorandum from Chief, Engineering Division, Louisville District, USACE, for

Commander, USACE, Attn: CECW, 14 January 1997, subject: Request for determination under

1110-1-8152, sec. 5.e(3) and waiver of ER 1110-1-8152, sec. 5.f;

 c. ER 1110-1-8152, Engineering and Design, Professional Registration, 8 August

1995; and

d. EC 1110-1-76, Appendix B, Legal Opinion, 6 November, 1992.

2. Pursuant to your request, our office reviewed two issues involving the use of appropriated

funds to pay fees associated with Corps employees performing their jobs. This memorandum

addresses those issues.

3. Fees for Licenses, Certifications, and Associated Training. The first issue, discussed in

your reference 1b memorandum, is whether the Louisville District may pay state and local

licensing and certification fees for Corps asbestos inspectors, asbestos management planners,

lead-based paint risk assessors, and water management engineers. Further questions have also

been raised concerning the applicability and restrictions of ER 1110-1-8152 with regard to this

issue.

a. Legality of Paying Expenses. The Comptroller General (CG) addressed the issue

of using appropriated funds to pay such licensing and certification fees (and associated fees for

training) in two opinions, B-257895, Oct. 28, 1994, and B-252467, June 3, 1994. In those cases,

the CG stated that such expenses generally are personal expenses not properly chargeable to

agency appropriations. However, an exception to this general rule exists when: (1) the primary

interest in obtaining the license or certification lies with the Federal agency; (2) the Federal

employees are required by law to comply with licensing or certification requirements; and (3) the

license or certification is not being obtained for the purpose of qualifying the employee for the

employee's position. B-257895; B-252467. According to the information provided by your

office, each of these three conditions has been met for the Corps asbestos inspectors, asbestos
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F-3

management planners, and lead-based paint risk assessors; thus, the Corps may, at its discretion,

pay the licensing and certification (and related education) expenses of those employees. This

exception, however, would not apply to the licensing and certification expenses of the Corps

water management engineers. As the CG stated in B-252467, engineers and other professional

personnel are fully aware of the licensing requirements of their professions from the time they

begin their professional education, and, in that sense, the licensing and certification requirements

are considered to be more for the personal benefit of the individuals than for their employers. Id.

Thus, the Corps may not use appropriated funds to pay the licensing and certification fees for

water management engineers.

b. ER 1110-1-8152. In the reference lb memorandum, the Louisville District

asserted that a waiver of ER 1110-1-8152, section 5f was necessary to pay the licensing and

certification fees discussed in the preceding paragraph. The Louisville District also requested a

determination as to whether ER I 110-1-8152, section 5e(3), permitted the payment of fees for

the requisite training for such licensing or certification. This section addresses those requests.

(1) The express purpose of ER 1110-1-8152 is to provide "policy and

guidance concerning professional registration for engineer, architect, landscape architect,

surveyor and geologist team members in all functional areas of the U.S. Army Corps of

Engineers . . . ." Thus, of the employment positions discussed in your requests, only water

management engineers fall within the scope of ER 1110-1-8152; the regulation does not apply to

asbestos inspectors, asbestos management planners, and lead-based paint risk assessors.

(2) Section 5f provides as follows: "Payment by the Government for the cost

of any (initial or subsequent) licensing examination is permitted only in two rare cases,

inapplicable to the Corps." This section does not establish a Corps policy; it restates the CG's

position that appropriated funds may not be used to pay the licensing and certification

requirements of engineers. Therefore, a waiver of this provision is infeasible.

 (3) Section 5e(3) of ER 1110-1-8152 provides as follows:

There are limited circumstances under which an agency may pay for the costs of training 

for additional licenses beyond the initial license that qualifies an employee for a position. 

The "head of the agency" must determine, under the Employees-Training Act, that 

members of a particular professional staff should take a course, and the course must be 

directly related to the performance by the employee of official duties for the Government.

Thus, although the Corps may not use appropriated funds to pay the licensing and certification

fees of Corps engineers, the Corps may pay for continuing education of such engineers, provided

that the agency makes the noted necessary determinations. This position is consistent with the

CG's rule described in paragraph 3a.
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F-4

4. Fees for Professional Engineers Stamp. The reference 1 a e-mail raised the issue of

whether the Corps may use appropriated funds to pay for professional engineers stamps for

Corps employees. In accordance with the principles described in paragraph 3a of this opinion,

the Corps may not use appropriated funds to pay such fees, as the primary benefit would accrue

to the employee engineer.

5. If you have further questions, please contact Robert Nichols or me at (202) 761-4931

/s/

RUPERT JENNINGS

Senior Counsel

 For Military Programs
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F-5

 DEPARTMENT OF THE ARMY

U.S. Army Corps of Engineers

Washington, D.C. 20314-1000

REPLY TO

ATTENTION OF:

CEHR—E/CESO—I 19 October 1990

MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Supplemental Guidance on Hazard Pay Environmental

Differentials Regarding Hazard Toxic Waste (HTW) Sites

1. Enclosed is supplemental guidance regarding the payment of

hazard pay for GS/GM positions and environmental differential

for FWS positions specifically assigned/detailed to on—site HTW

site predesign, design and construction activities where

exposure’ conditions identified in paragraphs 5 and 9 of the

guidance are met. This guidance should be implemented upon

receipt. We are continuing to work towards publishing this

guidance in a more permanent format.

2. Questions regarding this guidance should be directed to

Millie Edwards, CEHR-E, (202) 475—9029, or to Robert Stout,

CESO—I, (202) 272—0091.

FOR THE COMMANDER:

Encl R. LOSCHIALPO

Director of Human Resources

JOHN E. GEIGLEIN

Chief, Safety and Occupational

 Health Office

DISTRIBUTION:

Division Commander, ATTN: Civilian Personnel Offices

District Commander, ATTN: Civilian Personnel Offices

Commander, Toxic and Hazardous Materials Agency, ATTN: Civilian

 Personnel Office

Director, Humphreys Engr Center Support Activity, ATTN: Civilian

 Personnel Office

Commander/Director, Construction Engineering Research
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F-6

 Laboratory, ATTN: Civilian Personnel Office

Commander/Director, Cold Regions Research and Engineering

 Laboratory, ATTN: Civilian Personnel Office

Commander/Director, Waterways Experiment Station, ATTN:

 Civilian Personnel Office

Division Commanders, ATTN: Safety and Occupational Health

 Offices

District District Commanders, ATTN: Safety and Occupational

 Health Offices

Commander, Toxic and Hazardous Materials Agency, ATTN: CETHA-SO

Director, Humphreys Engr Center Support Activity,

 ATTN: CEHEC-SO

Commander/Director, Construction Engineering Research

 Laboratory, ATTN: CECER-SO

Commander/Director, Cold Regions Research and Engineering

 Laboratory, ATTN: CECRL-SO

Commander/Director, Waterways Experiment Station, ATTN: Safety

 and Occupational Health Office
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F-7

SUPPLEMENTAL GUIDANCE

Civilian Personnel Policy on Hazard Pay

Environmental Differentials

1. References.

a. AR 690—532—1

b. ER 37—1—20

c. EP 37-2-1, Chapter 7

d. 5 U.S. Code 5545(d) and 5548(b)

e. 5 C.F.R. 550.901 et. seq.

f. 29 CFR 1910.120, Appendix B

g. Federal Personnel Manual Supplement 532—1, Paragraph

8-7 and Appendix J

h. Federal Personnel Manual Supplement 990—2, Book 550,

Subchapter S.9, and Appendices A and E

i. USACE Hazard Toxic Waste Management Plan, June 1988

2. The purpose of this document is to provide supplemental

guidance for the payment of pay differentials for irregular or

intermittent duty involving unusual physical hardships, hazards,

or working conditions of an unusually severe nature.

3. This guidance is generally applicable to all USACE GS/GM

and Federal Wage System (FWS) positions specifically assigned/

detailed to on-site hazard toxic waste (HTW) site predesign,

design and construction activities where exposure conditions

identified in paragraph 5 and 9 are met. HTW sites are sites as

defined in the USACE HTW Management Plan (reference li). Also,

for ease of reference, both hazard pay (GS/GM) and environmental

differential (FWS) are collectively referred to as hazard pay.

4. Paragraph 1 lists the references governing payment of

hazard pay. However, there has been a difference of

interpretation among the various USACE servicing personnel

offices as to when hazard pay should be granted at hazardous

waste sites. As a result, some of our employees receive hazard

pay. Others, in seemingly comparable situations, do not. This

is intended to provide clear USACE-wide guidance for Field

Operating Agencies (FOA) to use when determining eligibility for

hazard pay at HTW site activities.

5. References la through le, lg, and lh provide authoritative

guidance on the payment of hazard pay for GS/GM and FWS

employees respectively. Applying this guidance to USACE HTW

positions, hazard pay is considered to be warranted if ALL of
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F-8

the following three conditions exist:

a. The employee must perform duty that is subject to

eligible physical hardship or hazards criteria as described in

references la, 1g, and lh.

b. The duty must be irregular or intermittent as

described in paragraph 7.

c. The duty must not affect the grade of the FWS position

or the classification of the GS/GM position.

d. In order to establish a common interpretation of the

three conditions listed above, the explanations in paragraphs 6

through 9 shall apply.

6. Those conditions that warrant hazard pay are described in

references la, lg, and lh. The most common hazard would include

exposure to hazardous agents, e.g., toxic chemical materials,

when there is a possibility of leakage or spillage or physical

hazard such as described in the examples found in Appendix A.

b. Hazard pay is not permitted for work activities of

GS/GM or FWS employees not listed in references la, 1g, and lh.

When FCA who identify exposure to unusual physical hardships or

hazards not eligible for hazard pay as described in the

references above, they may request that such unusual hardship or

hazard conditions be added to the list of eligible categories.

Such requests shall be submitted to the Director of Personnel,

ATTN: CEHR—E. Such requests will be processed through the Army

civilian personnel channels to the Office of Personnel

Management for evaluation.

7. a. Time Administration. Irregular or intermittent means

that the duties are not performed on a regular basis in

accordance with an established schedule. Most USACE employees

concerned with on-site HTW pre—design, design and construction

activities involving physical hardship or hazardous conditions

do not normally perform this work in accordance with an

established schedule. Rather, the work is performed on an asrequired basis. The bulk of such USACE employees concerned with

physical hardship or hazardous duty situations are in

professional and technical occupations that involve

responsibility for program development and management,

preliminary assessments and site inspections, predesign

evaluations, technical analyses, on—site design efforts and

construction management oversight. Therefore, USACE employees

who are exposed to physical hardships or hazardous conditions on

a sporadic basis can be considered to fall within this
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F-9

definition of irregular or intermittent.

b. Position Classification.

(1) The opposite of irregular or intermittent is regular

and recurring. Performing HTW predesign, design and

construction tasks involving physical hardships or hazardous

conditions can, be considered irregular or intermittent if

exposure to physical hardship or hazards is infrequent, i.e.,

normally consisting of less than a substantial amount of the

time. The rationale for this is rooted in the classification

concept of “major duty” which is generally defined as one that

recurs periodically and occupies a substantial amount of the

incumbent’s time. Therefore, if involvement in physical

hardship or hazardous duty situations occupies less than a

substantial amount of an employee’s time, it could be considered

a minor rather than a major duty and, consequently, irregular or

intermittent. However, there may be situations where hazard pay

can be granted even if physical hardship or hazardous duty

situations occupy more than a substantial amount of the

employee’s time. Such rare cases could occur, for example, when

an employee suddenly encounters a “catastrophic” type situation,

and exposure to physical hardship or hazardous situations

dramatically increases. In such cases, hazard pay could be

granted, if warranted, because emergency one-time “catastrophic” situations are, by definition, infrequent and unusual.

(2) The definition of what is “substantial” is not

included in law or OPM regulation. Ten percent or more of an

employees time (per annum) provides a useful benchmark.

Servicing personnel offices involved in tracking hazard pay for

GS/GM employees should see to it that the time actually spent in

exposure to physical hardship or hazard situations counts as

part of the overall total and not the time for which hazard pay

is received. This is because a GS/GM employee who is exposed to

a physical hardship/hazard situation of one hour, for example,

normally receives eight hours hazard pay. However, only the one

hour of exposure to the physical hardship/hazard situation

should be counted in making the determination of whether the

duty is irregular or intermittent. This is in contrast to FWS

employees, who receive hazard pay for hours of actual exposure.

8. Hazard pay may not be granted to FWS employees when duties

involving exposure to physical hardship or hazard have been

taken into account in the grading of their positions. For GS/GM

employees, a hazardous duty differential is not payable when the

hazard has been taken into account in the classification

process, whether or not the duty has resulted in a change in the

grade of the position.
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F-10

a. In the USACE, virtually all wage system and GS/GM

positions concerned with HTW on-site predesign, design and

construction activities are graded on the basis of their

professional, technical, and/or administrative responsibilities

rather than on the basis of being exposed to physical hardship

or hazardous duty situations. GS/GM positions classified by FES

standards address both “physical demands” and “work

environment.” When 50 points are granted for these factors, it

may be considered that the hazard has been taken into account in

the classification process. Positions granted 20 points or less

for these factors would be eligible for hazard pay for the HTW

conditions described elsewhere in this circular. Consequently,

it is almost inconceivable that GS/GM employees could be

deprived of hazard pay on account of the classification of their

positions.

b. Working conditions are included in the grading of FWS

jobs. However, if exposure to conditions of any unusual nature

is regular and recurring, any related skill and knowledge, and

responsibility should be taken into account in grading the jobs.

This may or may not result in changes in the basic grades of the

jobs as shown by applicable classification standards.

9. Safety.

a. (1) The Command’s safety and occupational health

policy is that no USACE employee be exposed to physical hardship

or hazardous duty situations without protective safeguards. In

consonance with the objectives of the Hazard Pay/Environmental

Differential Pay Procedures, the overwhelming number of

potentially hazardous job exposures can and must be adequately

controlled. Through operation of the Army and USACE safety and

occupational health programs, safety and health hazards can be

adequately controlled and pose little significant hazard if

controls are provided and properly used. Where the job—related

hazard or environmental condition is “practically eliminated” by

provision of personal protective measures, standard operating

procedures, or devices, hazard pay is not warranted and should

not be paid. Where effective measures are provided but are not

utilized because of inconvenience to the employee, no basis

exists for payment, and disciplinary action should be

considered.

(2) When payment for a job—related hazard or environmental

condition is questionable, the servicing civilian personnel

office will, request a hazard survey and/or determination by FOA

safety and occupational health authorities. For industrial

hygiene/occupational health related exposures the hazard
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F-11

determination shall be made by the FOA safety and occupational

health office’s industrial hygienist. The opinions of these

authorities on whether the conditions can be or are controlled

to the extent that personal hazard to the individual employee is

“practically eliminated” will be a major consideration.

(3) Most adverse working conditions can be avoided by

providing adequate protection to remove physical and health

hazards. Such protection, however, may not be technically

feasible, may require considerable time for engineering controls

to be provided, or may create other adverse environmental

conditions. In such cases local safety or occupational health

authorities will determine the practicality of additional

environmental or hazard controls. The findings will serve as a

key consideration for determining the requirement for additional

payment pending provision of such controls.

(4) Where environmental differential is currently being

paid and safety and/or occupational health authority findings

have not been obtained, such authorities will be promptly

consulted. Results will be documented and the Personnel office

will determine whether to continue or discontinue payment.

b. If a HTW predesign, design or construction activity

involving eligible hazardous conditions requires the wearing of

personal protective equipment (PPE) as described in 29 CFR

1910.120, Appendix B, Part A.I and A.II (reference 1f), then it

can be considered that no safety precautions can be taken which

will reduce the degree of risk to a negligible level. In such

situations, hazard pay should be authorized, provided all other

regulatory requirements are met. Hazard pay shall not be

granted for a HTW predesign, design or construction activity

involving eligible hazardous conditions that requires the

wearing of PPE as described in 29 CFR 1910.120, Appendix B, Part

A.III (reference lf), unless a formal site—specific hazard

determination has been conducted by the FOA Safety and

Occupational Health Office, and that determination clearly

demonstrates that the wearing of such PPE will not “practically

eliminate” all the potential eligible physical hardships or

hazards to be encountered during the conduct of that activity.

c. If the PPE as described in subparagraph 9b are worn at

a site of unknown hazard as a precautionary measure only and the

situation later turns out to be nonhazardous, as determined by

the FOA Safety and Occupational Health Office’s hazard

evaluation, hazard pay may not be granted.

d. If the PPE as described in 9b are not worn at a site

presumed to be nonhazardous, which later turns out to be
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F-12

hazardous to the extent that such protective equipment should

have been worn, and the FOA Safety and Health Office has

determined that the wearing of such PPE would not have

practically eliminated all the potential physical hardship or

hazards, then hazard pay should be granted.

10. a. Implementation of the time, labor and accounting

procedures for providing hazard pay to employees meeting

eligible conditions shall be IAW provisions of references lb and

1c.

b. Each servicing personnel office is encouraged to

develop local procedures to supplement this USACE guidance, and

provide whatever training may be required to implement the

hazard pay policy effectively.

c. Explanatory information regarding this policy

memorandum is included at Appendix A.

d. An example procedure for the determination and

documentation of HTW hazard duty eligible for hazard pay is

included at Appendix B. This information can be used in

developing local differentiate between time spent exposed to

physical hardship or hazardous conditions and time for which

hazard pay is granted. (see paragraph 7b(2) above).

e. Policy and responsibilities for requesting a hazard

determination to evaluate the physical hardship or hazardous

duty exposure conditions and authorizing hazard pay shall be in

accordance with the guidance contained in Appendix C.

f. The effective date of this policy is the date of

receipt in the local personnel office. Retroactive pay for

exposure to hazardous conditions may NOT be granted except in

accordance with the provisions of applicable law or regulations,

e.g., 5 U.S.C. 5596 or 5 C.F.R. 550.801 et. seq. You should

seek the advice of your legal counsel in such cases.

3 Appendices

APP A-Hazard Pay/

 Environmental Differential

APP B-Local Procedures

APP C—Auth of Performance

 of Hazardous Duty
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F-13

APPENDIX A

HAZARD PAY/ ENVIRONMETAL DIFFERENTIAL

EXPLANATORY INFORNATION

INTRODUCTION

This Appendix provides explanatory information about Hazard

Pay/Environmental Differentials. The purpose is to help users

better understand and apply the concepts of Hazard Pay

Environmental Differential and help explain them to employees

and supervisors.

ISSUES THAT MAY BE RAISED

Issues that may be raised that require further explanation are

discussed below in order of the subject matter of the circular.

1. PURPOSE.

a. Issue. Is the stated purpose appropriate?

b. Response. In order to apply this guidance in the

spirit in which it is intended, good judgment must be applied.

It is not possible to describe every specific circumstance

within the context of the hazard pay universe. Emergency

conditions are frequently amorphous and unsettled and just are

not susceptible to precise regulatory application. Therefore,

the entire situation must be considered when determining whether

hazard pay should be granted. Decisions should be rendered

considering the philosophy or sense of the Agency and the spirit

of the law and regulations governing hazard pay. Technical

assistance regarding a hazard determination is available from

the FOA safety and occupational health office professionals

(designated officials). These designated officials are the

individuals responsible for determining if hazardous work

conditions exist. The personnel officer is responsible for

coordinating supervisory recommendations with the designated

official and assuring that the other requirements of law and

regulation are met.

2. APPLICABILITY.

a. Issue. Are commissioned officers included in Hazard

Pay/Environmental Differentials covered by this policy?
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APPENDIX A (Cont.)

b. Response. Hazard Pay/Environmental Differential under

5 U.S. Code 5545 et.seg. does not apply to commissioned

officers.

3. NO COMMENTS PROVIDED

4. NO COMMENTS PROVIDED

5. NO COMMENTS PROVIDED

6. CONDITIONS.

a. Issue. Is there provision of sufficient objective

criteria to determine hazard pay authorizations?

b. Response. Subchapter S.8-7 and Appendix J of (FPM)

Supplement 532-1 and S.9. and Appendices A and E of Book 550 of

Federal Personnel Manual Supplement (FPM) 990-2 includes the OPM

guidance concerning environmental differential and hazard pay.

The appendices provide examples of hazardous duty situations.

Most of these examples are sufficient to enable any reasonable

person to make hazard pay determinations. Two work situations

are identified below that constitute reasonable interpretations

as to what can be considered as exposure to toxic materials and

other related conditions warranting hazard pay. In addition,

the Headquarters, OPM maintains files of approved hazard pay

requests and these files contain a large amount of supplemental

material that augment the examples described in the Appendices.

At our request, the OPM hazard pay expert will research these

files to determine if the examples contained therein can

reasonably apply to the USACE. Therefore, if a hazardous

condition exists for which existing guidance is insufficient to

warrant hazard pay, it should be referred to CEHR-E who can then

discuss it with the Army Civilian Personnel Office and OPM to

obtain a decision. The work situation examples referred to

above include:

(1) The storage site contained hundreds of drums of toxic

materials with some leakage noted. There was potential for fire

and explosion if strong oxidizing materials were to contact

organic materials that were both present.
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F-15

APPENDIX A (Cont)

(2) The warehouse contained 400 drums of organic solvents

and acids. Drums were rusty and leaking, improperly stacked,

deteriorating at their base, and not segregated to avoid

incompatibles next to one another. The building was poorly

venti1ated and puddles of unknown material were on the floor. A

drum of nitric acid was fuming. There was imminent danger of

fire or explosion.

7. NO COMMENTS PROVIDED

8. NO COMMENTS PROVIDED

9. SAFETY.

a. Issue. Does paragraph 9c prevent employees from

receiving hazard pay for exposure to heat while wearing Level A

protective equipment, even if a determination was later made

that such equipment was not necessary with regard to the site

hazards?

b. Response. Not necessarily? OPM authorizes a 4%

hazard pay differential for hot work when an employee is

subjected to temperatures in excess of 110 degrees Fahrenheit

while working in a confined space. (Wearing Level. A protective

equipment (fully encapsulated suit) can be reasonably

interpreted as “working in a confined space.”). A hazard

determination wou1d have to be made regarding the temperature

inside the suit the employee was wearing to determine if heat

exposure was a factor even though environmental monitoring

conducted in the work area showed that the levels of

contamination did not warrant the wearing of Level A protective

equipment.

10. IMPLEMENTATION.

a. Issue. Concerns about training of supervisors,

retroactive back pay, records, and the date of implementation

will undoubtedly surface.

b. Response. Retroactive back pay issues are especially

complex and should be referred to your legal counsel. Advice

and assistance is also available from the Office of General

Counsel in HQUSACE.
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F-16

APPENDIX B

LOCAL PROCEDURE

DETERMINATION AND DOCUMENTATION OF HTW HAZARD

DUTY ELIGIBLE FOR HAZARD PAY

1. FOA Safety and Occupational Health Official.

a. In accordance with criteria in Appendix C, FOA Safety

and Occupational Health Officials shall conduct a formal sitespecific hazard determination, upon request from supervisors,

where USACE employees will/have perform(ed) HTW work activities

that meet eligible conditions for hazard pay and requires the

wearing of level C PPE. Hazard determinations are NOT required

for HTW work activities that meet eligible conditions for hazard

pay and requires the wearing of level A or B PPE. Such HTW

eligible work activities conducted while wearing level A or B

PPE in accordance with paragraph 9b of this EC may receive

hazard pay.

b. If possible, hazard determinations shall be conducted

prior to the performance of the hazard duty. However, at times,

this is not possible due to time constraints, scheduling of

work, etc; and, therefore, the determination is made following

completion of the work activity. A sample checklist, “Safety

and Occupational Health Checklist for HTW Site-Specific Hazard

Determinations,” has been developed to be used as a guide to

conduct the formal hazard determination. (See sample format at

pages B-3 and B—4.) A similar checklist should be completed by:

the responsible FOA Safety and Occupational Health Office

official in documenting the site-specific hazard determination.

The checklist should document the specific management factors,

hazardous conditions and safeguards regarding the hazardous work

activity to be performed. Upon completion, the checklist should

be signed and dated by the FOA Safety and Occupational Health

Office official who conducted the hazard determination

(Industrial Hygienist, Safety and Health Manager, Safety

Engineer). A copy shall be provided to the supervisor that

requested the hazard determination and a copy shall be

maintained on file in the FOA Safety and Occupational Health

Office.

2. Supervisors.

a. Supervisors shall notify the FOA Safety and

Occupational Health Office to request the conduct of a formal

hazard evaluation when they have determined that HTW eligible
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F-17

APPENDIX B (Cont.)

hazardous work conditions exist that will require/required the

wearing of level C PPE and the wearing of that PPE will not/did

not “practically eliminate” the potential physical hardship(s)

or hazard(s) during the performance of that activity.

Supervisors are not required to request this formal

determination when similar work conditions exist that require

the wearing of level A or B PPE.

b. Supervisors shall ensure the documentation of the

performance of hazardous duty eligible for hazard pay on a

record sheet. (See sample format, Hazardous Duty Record Sheet,

at page F-20. A Hazard Duty Record Sheet shall be utilized on

all HTW projects to document actual time spent performing

eligible hazardous duty (as opposed to the time for which hazard

pay is recorded for CS/GM employees on the time card).

c. To complete a Hazard Duty Record Sheet, record the

name/date/actual time spent conducting the work activity that

required the wearing of the PPE. Under the “PPE” column,

indicate the type of respiratory and/or dermal protection used.

For example: “Level B: SCBA and Saran Coated Tyvek.” Under “Zone Entered,” cite area of site entered and/or degree of

exclusion (if any). For example: “Sludge Mixing Pits, Exclusion

Zone” Under the “Work in Progress” column, describe the activity

which produced the requirement for PPE. For example:

“Hauling/Stabilizing Acid Sludge.”

d. A Hazard Duty Record Sheet shall be retained at all

HTW project sites and shall be filled out by all USACE employees

who engage in eligible hazardous duty.

e. To document eligible hazard duty time into the CETAL/

timekeeping system, employee time shall be transmitted to the

timekeeper via whatever local form is utilized. All hazardous

duty shall be documented on this form and signed by the

supervisor (see references lb and 1c of memorandum). When

recording eligible hazard duty time, it is important to note

that, for GS/CM employees, hazard pay is paid for all duty hours

in pay status on the calendar day of work, not just those hours

during which the actual duty was performed.

f. At Pages F-21 and F-22 is an example of a CETAL time

and attendance report which shall be used to document time and
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F-18

APPENDIX B (Cont.)

attendance (including hazardous duty).

g. At Page F-23 is an example of a CETAL labor cost

report which shall be used to document the hours worked on any

project including HTW projects. It will require signature

verification by the supervisor. This report is used to satisfy

cost recovery efforts (Superfund, etc.).
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F-19

SAMPLE FORMAT

SAFETY AND OCCUPATIONAL HEALTH CHECKLIST

FOR

HTW SITE—SPECIFIC HAZARD DETERMINATIONS

A. BEFORE ACTIVITY PERFORMED:

1. HAZARD LOCATION: SITE _______ CITY ______ STATE ______

2. HTW MISSION ASSIGNMENT:___ predesign ___ design ___ construction ___

a. Type of activity performed: drilling __ excavation _____

design investigations ___ safety & health surveys _ __ emergency 

response actions ___ construction oversight _ other _____

3. SITE-SPECIFIC SAFETY AND HEALTH PLAN:

a. Available on site: Yes No Not developed

b. Adequate for task(s) to be performed? Yes No __

4. SUSPECTED OR IDENTIFIED PHYSICAL HARDSHIP(S) OR HAZARD(S):

(A) (B) __ (C) _____________

(D) (E) _ (F) _____________

5. PFE LEVEL REQUIRED TO BE WORN FOR ACTIVITY:

a. Level A______ Level B______ Level C _____ Level D______

b. If Levels A, B or C required, indicate reason in comment section 

below.

6. IF LEVELS A, B OR C REQUIRED, IDENTIFY PERSON(S) WHO WILL WEAR THIS

EQUPMENT (USE CONTINUATION SHEET IF NECESSARY):

 HTW

PAY TRAINING

CATEGORY COMPLETED MEDICAL RESPIRATOR

OFFICE WAGE INITIAL ANNUAL EVAL. FIT-TEST

NAME SYMBOL SYSTEM CS/GM (40HR) (8HR) CURRENT CURRENT

7. HAZARD DETERM1NAT1ON~REQUIRED FOR WORK ACTIVITIES WHERE LEVEL C IS

 TO BE WORN:

a. Do site-specific eligible hazardous work conditions exist?

Yes_____ No_____

b. If yes, are existing safeguards (SOPs, PPE, Engineering

 controls adequate to “practically eliminate” the eligible

 physical hardship(s) or hazard(s)? Yes_____ No_____

c. If no, what additional safeguards are necessary?

___________________________________________________________
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F-20

__________________________________________________________

d. Will the existing or additional safeguards “practically

 eliminate’ all the potential hardships or hazards that

 may be encountered during the performance of the work

 activity? Yes_____ No _____

(1) If no, explain: _____________________________________ ___________________________________________________________

___________________________________________________________

B. AFTER ACTIVITY PERFORMED:

1. PROTECTIVE LEVEL USED: (A)_____ (B)_____ (C)_____ (D)______

 a. If Level A, B or C was used, provide reason in comment section.

b. Upon hazard evaluation (air monitoring. etc.) of actual site

conditions during use, should Levels A, B or C protective equipment

 have been required? Yes______ No _____

c. If Level A, B or C protection was not required initially, and a

 lower level of protection was worn (Level D or general work

 clothing), should Level A, B or C have been used based on the

 hazard evaluation of site conditions during the performance of

 the work? Yes______ No _____

2. LIST IDENTIFIED PHYSICAL HARDSHIPS OR HAZARDS:

(A) (B) __ (C)______________

(D) (E) _ (F) _____________

3. Equipment: (a) Clothing (b) Respirator (c) Monitoring 

Decontamination

Disposed:

Cleaned:

No Action:

4. APPROXIMATE TIME SPENT IN LEVEL A, B OR C PROTECTION:

Information prov1ded on local hazardous duty record sheet. Obtain from 

supervisor.

5. WAS MEDICAL ATTENTION/EXAMINATION REQUIRED FOLLOWING WORK 

ACTIVITY? Yes______ No_______

HAZARD DETERMINAT1ON PREPARED BY FOA SAFETY AND OCCUPATIONAL HEALTH OFFICE:

Industrial Hygienist Safety & Health Mgr____ Safety Engineer 

NAME OF PREPARER DATE _________ 

COMMENTS: ______________________________________________________
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F-21

SAMPLE FORMAT

HAZARDOUS DUTY RECORD SHEET

FOA NAME OFFICE SYMBOL __ 

PROJECT NAME_ LOCATION ___ 

CONTRACT NUMBER IN-HOUSE 

WORK ACTIVITY: Predesign ____ Design____ _Construction Other 

Superfund___________ DERP___________ Other __________ 

Corps Lead________ IRP____________

State Lead FUDs ___________

PRP Lead__________

EMPLOYEE

NAME

JOB SERIES

(WS/GS/GM) DATE

ACTUAL

IN

TIME

OUT PPE

ZONE

ENTERED

WORK IN

PROGRESS
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F-22

PROGRAM-ID-P5FATE DATE 09/23/87

RCS-EXEMPT TIME 13:42:39

PCN YFA-O1R

COEMIS ENTRY OF TIME, ATTENDANCE AND LABOR (CETAL)

*EMPLOYEE TIME AND ATTENDANCE*

**FOR OFFICIAL USE ONLY – PRIVACY ACT DATA **

ORGANIZATION TITLE: CIVILIAN PAYROLL BRANCH

TIMEKEEPER 11 NAME SSN: 123-45-6789

PAY-BLK PAY-LOC-CODE 06F0 FLSA: N TIME/ATTENDANCE THRU 09/26/87

DATE DAY HOURS TYPE S HOURS TYPE S HOURS TYPE S

09/14 MON 8.00 REG 1

09/15 TUE 7.50 REG 1 0.50 ALV 1

09/16 WED 8.00 REG 1

09/17 THU 8.00 REG 1

09/18 FRI 8.00 REG 1

09/21 MON 8.00 ALV 1

09/22 TUE 8.00 ALV 1

09/23 WED 8.00 REG 1

09/24 THU 8.00 REG 1

09/25 FRI 8.00 REG 1

REGULAR = 63.50 OVERTIME = 0.00 P-LEAVE = 16.50 NP-LEAVE = 0.00

TOTAL HOURS = 80.00 NDF HOURS = 0.00

SUPERVISOR’S SIGNATURE: _

** ALL HOURS HAVE BEEN REVIEWED AND ARE CERTIFIED CORRECT

AS OF THE END OF THE REPORTING PERIOD. ALL PREMIUM HOURS

HAVE BEEN APPROVED AND WORKED ACCORDING TO THE APPROPRIATE

LAWS AND REGULATIONS.

REMARKS:

09/14/87 “REQ TOD: 0700-1530 “

09/14/87 “ENG 4704 ON FILE “

09/15/87 “SF 71 ON FILE “

09/15/87 “.50 ALV 0830-0900 “

09/21/87 “SF 71 ON FILE “

09/22/87 “SF 71 ON FILE “
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F-23

COEMIS ENTRY OF TIME, ATTENDANCE AND LABOR (CETAL)

SUPERVISOR’S CERTIFICATION PAGE

FOR

CERTIFIED LABOR REPORTS

LABOR-COST FROM: 07/19/87 LABOR—COST TO: 08/01/87

TIMEKEEPER NO. 1

EMPLOYEE COUNT 03

THE FOLLOWING EMPLOYEES LABOR-COST REPORTS ARE CERTIFIED AS CORRECT:

EMPLOYEE 1

EMPLOYEE 2

EMPLOYEE 3

SUPERVISOR’S SIGNATURE ______________________

T= HAZARD DUTY COLUMN
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F-24

PROGRAM—ID P5FATJ VERSION 87166 DATE 07/28/87

RCS – EXEMPT TIME 09:42:57

PCN YFA—02R PAGE 1

COEMIS ENTRY OF TIME, ATTENDANCE AND LABOR (CETAL)

*CERTIFIED LABOR COST REPORT*

** FOR OFFICIAL USE ONLY — PRIVACY ACT DATA **

ORGANIZATION TITLE: F&A CONTROL SECTION

TIMEXEEPER: 11 NAME: EMPLOYEE 1 SSN: 315-48-5626

PAY-BLK: C2E PAY-LOC-CODE: 06D3 FLSA: E LABOR COST THRU: 08/01/87

ADP WORKCODE

VW55020002000000

VW55020000200000

VW55020000200000

REGULAR = 77 OVERTIME = 2 P—LEAVE— 3 NP-LEAVE = SP—RATE—HR S=

TOTAL 40 HOURS=82

*****************************************************************************

ORGANIZATION TITLE: F & A CONTROL SECTION

TIMEKEEPER: 1 NAME: EMPLOYEE 2 SSN:478—86—6905

PAY—BLK: C2E PAY—LOC-CODE: 06D3 FLSA: N LABOR COST THRU: 08/01/87

ADP WORKCODE

VW5502000020000

VW5502000020000

VW5502000020000

REGULAR = 56 OVERTIME = 8 P-LEAVE = NE-LEAVE = 24 SP-RATE-HRS=

TOTAL HOURS = 88

*****************************************************************************

ORGANIZATION TITLE: F & A CONTROL SECTION

TIMEKEEPER: 11 NAME: EMPLOYEE 3 SSN:504-60-5427

PAY—BLK: C2E PAY—LOC-CODE: 06D3 FLSA: N LABOR COST THRU: 08/01/87

ADP WORKCODE

VW5502000020000

REGULAR = 80 OVERTIME = P-LEAVE = NE-LEAVE = SP-RATE-HRS=

TOTAL HOURS = 80 T = HAZARD DUTY COLUMN
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F-25

APPENDIX C

AUTHORIZATION OF PERFORMANCE OF HAZARDOUS DUTY

1. PURPOSE. This Appendix defines hazardous duty and sets

forth USACE policy and management responsibility for identification and authorization of hazardous work performed by Agency

personnel.

2. BACKGROUND. The Army and USACE Occupational Safety and

Health requirement documents set forth policies, responsibilities, and procedures for implementation of the Agency’s health

and safety program. The purpose of the program is to assure

safe and healthful working conditions for all USACE employees

under Section 19(a) of P.L. 91-56, Occupational Safety and

Health Act of 1970 and 5 U.S.C. 7902(c) (1), Executive Order

12196 and other Federal, DOD, DA and USACE requirements. For

work, which involves identifiable potential hazards, USACE

management provides safety and occupational health,

environmental and procedural controls necessary to protect

employees from harmful or unsafe working conditions.

Infrequently, it may be necessary to consider the performance of

essential work which is hazardous and for which the provision of

adequate safeguards is not practicable.

3. DEFINITION. Hazardous duty is the performance of assigned,

essential work on an intermittent or irregular basis which

involves an occupational health and/or safety hazard for which a

determination has been made that the provision of safeguards

adequate to reduce the hazard to a negligible level is not

practicable.

4. POLICY. It is USACE policy to:

a. Provide adequate Safeguards against potential hazards

for USACE employees in the work place;

b. Provide that hazardous work which is not adequately

safeguarded is identified and that appropriate action is

subsequently taken; and

c. Permit the performance of hazardous duty by USACE

employees only after:

(1) The duty to be performed has been identified as

hazardous;
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F-26

APPENDIX C (Cont.)

(2) It has been determined that the provision of adequate

safeguards is impracticable;

(3) It has been determined that the hazardous duty is

essential; and

(4) The employee or employees who are to perform the

hazardous work are fully informed in advance regarding the

potential hazards of the work.

This policy is not intended to foster or approve the frequent,

regular, or recurring performance of hazardous duty by any USACE

employee.

5. RESPONSIBILITIES.

a. Supervisors. Supervisors at all levels are

responsible for:

(1) Identifying potentially hazardous work for which

safeguards may be inadequate;

(2) Notifying the FOA Safety and Occupational Health (SOH)

Manager or person designated for such purpose by SOH Manager;

and

(3) Notifying the servicing personnel office when an

employee has performed or will perform hazardous duty in

accordance with procedures outlined in this circular.

b. FOA Safety and Occupational Health Managers. FOA

Safety and Occupational Health Managers or persons designated

for such purpose is responsible for:

(1) Determining if a site—specific eligible hazardous work

condition exists;

(2) Determining whether existing safeguards are adequate;

or

(3) Determining what additional safeguards are necessary;

and

(4) Determining whether the existing or additional
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F-27

APPENDIX C (Cont.)

safeguards will practically eliminate the physical hardship

or hazard to be encountered in the performance of the work.

c. FOA Commanders and Laboratory Commanders/Directors.

FOA Commanders and Laboratory Commanders/Directors or their

designees are responsible for:

(1) Installing or implementing the necessary safeguards;

(2) Determining that the hazardous work to be performed is

essential in the event that adequate safeguards are

impracticable;

(3) Authorizing the performance of hazardous duty and

hazard pay; and

(4) Assuring that the employees who are to perform the

work are fully informed regarding its potential hazards and are

willing to accept them.
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F-28

CECI-IR/CEMP-R (25-400-2d) 10 Aug 99

MEMORANDUM FOR Commanders, Major Subordinate Commands, Staff Principles and

 HQUSACE

SUBJECT: Environmental Classification Standards

1. Reference CEIM-IR/CEMP-R memorandum, dated 11 February 1998, subject: Continued

Moratorium on Destruction of Environmental Restoration Records.

2. This memorandum lifts the moratorium on destruction of environmental restoration records

as referenced in paragraph 1. The National Archives and Records Administration (NARA) has

approved the environmental restoration Modern Army Recordkeeping System (MARKS)

standards.

3. Action is being taken by Department of the Army to incorporate these standards into

MARKS. In the interim, it is critical that the records relating to the Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA) environmental actions

reflect these new MARKS disposition standards. Enclosure 1 contains an executive summary of

the MARKS file numbers affected by this change. Enclosure 2 contains the detailed technical

recordkeeping requirements.

4. The HQUSACE technical point of contact is Ms Nancy Porter at (202) 761-5245. The

recordkeeping point of contact is Ms Dianne Barnes at (202) 761-5021.

FOR THE COMMANDER:

/s/

2 Enclosures RUSSELL L. FUHRMAN

as Major General, USA

 Chief of Staff
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F-29

5 Management

File Category New Dispositions

5c

USACE Environmental Restoration

Agreements

Originals - Permanent

Copies – Destroy after 3 years

37 Financial Administration

File Category New Dispositions

37-1f

Accounting Documents

HTRW – 30 years

37-2-1b

COEMIS, F&A Site Audit Outputs

HTRW – 30 years

37-2-10d

Basis and Intermediate Cost Media Files

HTRW – 30 years

37-2-10r

Civil Works Site Audits

HTRW – 30 years

37-2-10s

Disbursing Officers Vouchers (CW)

HTRW – 30 years

37-2-10u

Fiscal Accounting Files

HTRW – 30 years

37-103dd

Original Disbursing Officers Accounts

(Mil)

HTRW – 30 years

 NOTE: EPA Superfund Only - Must obtain authorization from EPA before destruction of documents.

200 Environmental Quality

File Category New Dispositions

200-1d

Environmental Restoration Remedial

Assessment Files

Permanent

200-1e

Army Environmental Restoration

Administration Record

Permanent

200-1f

Environmental Restoration Project Files

Permanent
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385 Safety

File Category New Dispositions

385-10f

Accident and Incident Cases

HTRW – 50 Years (Field)

HTRW – 30 Years (HQ)

405 Real Estate

File Category New Disposition

405-90h

Real Property Title/Historical Files

No Time Event - permanent

415 Construction Contracts (Military)

File Category New Disposition

415-10c

Military Construction Contracts

HTRW – 30 years

715 Procurement Contracts

File Category New Dispositions

715c

Master, Open-end, and Call-type

Contracts

HTRW – 30 years

715j

Small Purchase Categories

HTRW – 30 years

715k

Contract Actions

HTRW – 30 years

715p

Contract Clause Deviations

HTRW – 30 years

 Note: EPA Superfund Only - Must obtain authorization from EPA before destruction of documents.
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1110 Corps of Engineers Engineering and Design Files

File Category New Dispositions

1110-1-8100e

Environmental Restoration – Raw Data

Files

Destroy samples after 1 year or when

regulatory requirements are met.

Laboratory backup analytical data,

destroy after 2 years

1110-1-8100f

Environmental Restoration Quality

Assurance and Quality Control (QA/QC)

Files

Permanent

1110-1-8100g

Environmental Restoration Waste

Identification, Tracking, and Disposal

Files

Permanent

1180 Corps of Engineers Contracts

File

Category New Dispositions

1180-1-1a

Civil Works Contracts

HTRW – 30 years

1180-1-1q

Civil Works Construction and

Maintenance Contracts

HTRW – 30 years

 Note: EPA Superfund Only - Must obtain authorization from EPA before destruction of documents.
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F-32

ENVIRONMENTAL RESTORATION FILE CATEGORY

(AR 25-400-2, 26 February 1993, The Modern Army Recordkeeping Systems (MARKS))

File Category 5 – Agreements

Pertinent Background Information

This is a new classification description and disposition standard for File Category 5 -

Agreements relating to environmental restoration clean-up actions. These records are necessary

for litigation and possible cost recovery actions. In order to follow the retention period of the

Environmental Protection Agency (EPA) classification standard and for the Comprehensive

Environmental Response, Compensation and Liability Act (CERCLA), a permanent disposition

is the proposed retention period. Included in this classification standard are agreements for

Superfund, Defense Environmental Restoration Program (DERP) and DOD Base Realignment

and Closure (BRAC) Environmental Restoration Program, Work for Others, and Operational and

Maintenance.

File Number: 5c (or next available suffix) (MARKS Page #33)

Title: Environmental Restoration Agreements

Authority: To be assigned

Privacy Act: Not Applicable

ADD NEW RECORD CATEGORY AND DISPOSITION STANDARD:

Description: Includes the original life cycle documentation establishing agreements for

environmental restoration work through financial and contractual closeout. Specific types of

agreements may include national agreements, interagency agreements, cooperative agreements

with Federal, State and local government agencies, access agreements, implementation

agreements, technical assistance agreements and other types of environmental restoration

agreements, agreement oversight documentation, and other sharing of agency resources and

services. Other types of records include documentation of significant actions and decisions,

applications, agreement oversight activities, correspondence relating to the agreement, noncompliance/dispute documentation, and closeouts documentation for completed agreements.

Disposition:

a. Original Agreement Documents: Permanent.

b. Copies: Retain in CFA 3 years after project completion and destroy.
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File Category 37: FINANCIAL ADMINISTRATION

Pertinent Background Information

These are updated classification standards for the File Category: 37 Financial Administration.

The current descriptions, authorities, and Privacy Act standards remain the same. Additional

descriptions and disposition standards are being proposed to cover the Comprehensive

Environmental Response, Compensation and Liability Act (CERCLA), to cover Superfund cost

recovery actions, and provides descriptions and disposition instructions for environmental

restoration appropriations involving either Civil Works; Air Force; Department of Defense; and

Non-Department of Defense. Programs include records generated in support of the Defense

Environmental Restoration Program (DERP), and DOD Base Realignment and Closure (BRAC)

Environmental Restoration Program, and all other Support Work for Others.

File Number: 37-1f (MARKS Page #79)

Title: Accounting Documents

Authority: NC1-AU-86-55

Privacy Act: Not Applicable.

ADD NEW DISPOSITION INSTRUCTIONS: l and m:

l. File documents supporting USACE mission which are not environmental restoration in nature;

Retain in CFA 2 years, Retire FRC, and Destroy 6 years 3 months after end of Fiscal Year in

which payment or collection is effected, providing there are no outstanding claims; exceptions;

or pending litigation in connection therewith.

m. HQUSACE environmental restoration mission related records; retain in CFA 2 years

Retire FRC; Destroy after 30 years providing there are no outstanding claims; exceptions; or

pending litigation in connection therewith.

File Number: 37-2-1b (MARKS Page #82)

Title: COEMIS, F&A Site Audit Outputs

Authority: NC1-AU-76-25 & GRS 6, Item 1a

Privacy Act: Not Applicable
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ADD NEW RECORDS DESCRIPTIONS AND DISPOSITION INSTRUCTIONS:

c through e:

c. Description: USACE accounts and supporting documents generated in support of the

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) recovery

actions for the U.S. Environmental Protection Agency’s (EPA), Superfund Program will be

reviewed for financial closeout per ER 37-5-3 for site-specific cost recovery documentation prior

to transferring from the current file are (CFA). EPA Superfund Cost Recovery documents may

not be destroyed unless authorized by EPA. This category is not applicable to records generated

after February 1998. The USACE was fully deployed on CEFMS after February 1998.

c. Disposition: Retain in CFA 2 years after financial closeout per ER 37-5-3. Transfer to RHA

for 5 years, Retire to FRC: Destroy after 30 years providing there are no outstanding claims;

exceptions; or pending litigation in connection therewith. Forward all Superfund Cost Recovery

(NA Form 13001) Request for Disposal of Records to the USACE Cost Recovery Coordinator to

obtain disposal authorization.

d. Description: Documents generated in support of Defense Environmental Restoration

Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental Restoration

Program and other non-superfund environmental restoration programs.

d. Disposition: Retain in CFA 2 years after final billing and transfer to RHA 5 years and retire

FRC: Destroy 30 years after end of Fiscal Year in which payment or collection is effected,

providing there are no outstanding claims; exceptions; or pending litigation in connection

therewith.

e. Description: HQUSACE environmental restoration mission related records for Superfund,

Defense Environmental Restoration Program (DERP), DOD Base Realignment and Closure

(BRAC) Environmental Restoration Program and all other Support Work for Others.

e. Disposition: Retain in CFA 2 years after final billing and Retire FRC: Destroy after 30 years

providing there are no outstanding claims; exceptions; or pending litigation in connection

therewith.

File Number: 37-2-10d (MARKS Page #83)

Title: Basic and Intermediate Cost Media Files

Authority: GRS 22, Item 1b and GRS 23, Item 5

Privacy Act: Not Applicable
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ADD NEW RECORDS DESCRIPTION AND DISPOSITION INSTRUCTIONS:

b through d:

b. Description: USACE accounts and supporting documents generated in support of the

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) recovery

actions for the U.S. Environmental Protection Agency’s Superfund Program will be reviewed for

financial closeout per ER 37-5-3 for site-specific cost recovery documentation prior to

transferring from the current file area (CFA). EPA Superfund Cost Recovery documents may

not be destroyed unless authorized by EPA. May also, include documents in support of the

Defense Environmental Restoration Program (DERP), DOD Base Realignment and Closure

(BRAC) Environmental Restoration Program, Work for Others, and Operational and

Maintenance.

b. Disposition: Retain in CFA 2 years after financial closeout per ER 37-5-3. Transfer to RHA

for 5 years. Retire to FRC, destroy after 30 years providing there are no outstanding claims;

exceptions; or pending litigation in connection therewith. Forward all Superfund Cost Recovery

(NA Form 13001) Request for Disposal of Records to the USACE Cost Recovery Coordinator to

obtain disposal authorization.

c. Description: Documents generated in support of Defense Environmental Restoration

Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental Restoration

Program and other non-superfund environmental restoration programs.

c. Disposition: Retain in CFA 2 years after final billing and destroy 6 years and 3 months after

end of Fiscal Year in which payment or collection is effected, providing there are no outstanding

claims; exceptions; or pending litigation in connection therewith.

d. Description: HQUSACE environmental restoration mission related records for Superfund,

Defense Environmental Restoration Program (DERP) and DOD Base Realignment and Closure

(BRAC) Environmental Restoration Program related records.

d. Disposition: Retain in CFA 2 years after final billing and retire to FRC, destroy after 30

years providing there are no outstanding claims; exceptions; or pending litigation in connection

therewith.

File Number: 37-2-10r (MARKS Page #84)

Title: Civil Works Site Audits
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F-36

Authority: NC1-AU-76-39

Privacy Act: Not Applicable
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F-37

ADD NEW RECORDS DESCRIPTION AND DISPOSITION INSTRUCTIONS:

c through e:

c. Description: USACE accounts and supporting documents generated in support of the

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) recovery

actions for the U.S. Environmental Protection Agencys Superfund Program will be reviewed for

financial closeout per ER 37-5-3 for site-specific cost recovery documentation prior to transfer

from the current file area (CFA). EPA Superfund Cost Recovery documents may not be

destroyed unless authorized by EPA.

c. Disposition: Retain in CFA 2 years after financial closeout per ER 37-5-3. Transfer to RHA

for 5 years. Retire to FRC, destroy after 30 years providing there are no outstanding claims;

exceptions; or pending litigation in connection therewith. Forward all Superfund Cost Recovery

(NA Form 13001) Request for Disposal of Records to the USACE Cost Recovery Coordinator to

obtain disposal authorization.

d. Description: Documents generated in support of Defense Environmental Restoration

Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental Restoration

Program and other non-superfund environmental restoration programs.

d. Disposition: Retain in CFA 2 years after final billing: Destroy 30 years after end of Fiscal

Year in which payment or collection is effected, providing there are no outstanding claims;

exceptions; or pending litigation in connection therewith.

e. Description: HQUSACE environmental restoration mission related records for Superfund,

Defense Environmental Restoration Program (DERP) and DOD Base Realignment and Closure

(BRAC) Environmental Restoration Program and all other Support Work for Others.

e. Disposition: Retain in CFA 2 years after final billing and retire to FRC: Destroy after 30

years providing there are no outstanding claims; exceptions; or pending litigation in connection

therewith.

File Number: 37-2-10s (MARKS Page #84)

Title: Disbursing Officer’s Vouchers

Authority: GRS 6, Item 1a

Privacy Act: Not Applicable
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F-38

ADD NEW RECORDS DESCRIPTION AND DISPOSITION INSTRUCTIONS: b

through d:

b. Description: USACE accounts and supporting documents generated in support of the

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), which

may include the Defense Environmental Restoration Program (DERP) and DOD Base

Realignment and Closure (BRAC) Environmental Restoration Program. Recovery actions for

the U.S. Environmental Protection Agencys Superfund Program will be reviewed for financial

closeout per ER 37-5-3 for site-specific cost recovery documentation prior to transferring from

the current file area (CFA). EPA Superfund Cost Recovery documents may not be destroyed

unless authorized by EPA.

b. Disposition: Retain in CFA 2 years after financial closeout per ER 37-5-3. Transfer to RHA

for 5 years then retire to FRC: Destroy after 30 years providing there are no outstanding claims;

exceptions; or pending litigation in connection therewith. Forward all Superfund Cost Recovery

(NA Form 13001) Request for Disposal of Records to the USACE Cost Recovery Coordinator to

obtain disposal authorization.

c. Description: Documents generated in support of Defense Environmental Restoration

Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental Restoration

Program and other non-superfund environmental restoration programs.

c. Disposition: Retain in CFA 2 years final billing: Destroy 30 years after end of Fiscal year in

which payment or collection is effected, providing there are no outstanding claims; exceptions;

or pending litigation in connection therewith.

d. Description: HQUSACE environmental restoration mission related records for Superfund,

Defense Environmental Restoration Program (DERP) and DOD Base Realignment and Closure

(BRAC) Environmental Restoration Program and all other Support Work for Others.

d. Disposition: Retain in CFA 2 years after final billing then retire to FRC: Destroy after 30

years providing there are no outstanding claims; exceptions; or pending litigation in

connection therewith.

File Number: 37-2-10u (MARKS Page #84)

Title: Fiscal accounting files

Authority: GRS 7, Item 2

Privacy Act: Not Applicable
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F-39

ADD NEW RECORDS DESCRIPTION AND DISPOSITION INSTRUCTIONS: b

through d:

b. Description: USACE accounts and support documents generated in support of the

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) recovery

actions for the U.S. Environmental Protection Agencys Superfund Program will be reviewed for

financial closeout per ER 37-5-3 for site-specific cost recovery documentation prior to transfer

from the current file area (CFA). EPA Superfund Cost Recovery documents may not be

destroyed unless authorized by EPA.

b. Disposition: Retain in CFA 2 years after financial closeout per ER 37-5-3. Transfer to

RHA for 5 years then retire to FRC: Destroy after 30 years providing there are no outstanding

claims; exceptions; or pending litigation in connection therewith. Forward all Superfund Cost

Recovery (NA Form 13001) Request for Disposal of Records to the USACE Cost Recovery

Coordinator to obtain disposal authorization.

c. Description: Documents generated in support of Defense Environmental Restoration

Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental Restoration

Program and other non-superfund environmental restoration programs.

c. Disposition: Retain in CFA 2 years after final billing: Destroy 30 years after end of Fiscal

Year in which payment or collection is effected, providing there are no outstanding claims;

exceptions; or pending litigation in connection therewith.

d. Description: HQUSACE environmental restoration mission related records for Superfund,

Defense Environmental Restoration Program (DERP) and DOD Base Realignment and Closure

(BRAC) Environmental Restoration Program and all others Support Work for Others.

d. Disposition: Retain in CFA 2 years after final billing then retire to FRC: Destroy after 30

years providing there are no outstanding claims; exceptions; or pending litigation in

connection therewith.

File Number: 37-103dd (MARKS Page #89)

Title: Original Disbursing Officer Accounts

Authority: GRS 2, Item 1; GRS 6, Item 1a, and NC1-AU-84-42

Privacy Act: A0037-104-1bSAFM
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F-40

ADD NEW RECORDS DESCRIPTION AND DISPOSITION INSTRUCTION c:

c. Description: Documents generated in support of Defense Environmental Restoration

Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental Restoration

Program and other military environmental restoration programs.

c. Disposition: USACE retain in CFA 2 years after final billing. Transfer RHA 5 years then

retire to FRC: Destroy 30 years after end of Fiscal Year in which payment or collection is

effected, providing there are no outstanding claims; exceptions; or pending litigation in

connection therewith.

File Category 200: Environmental Quality

Pertinent Background Information

These are new classification standards for the file category 200 Environmental Quality. The

authority will be assigned by the National Archives and Records Administration (NARA), and

the Privacy Act does not pertain. A permanent disposition standard is being proposed to address

the preservation of environmental restoration records necessary to protect the legal and financial

interests of the Federal Government.

Proposed File Number: 200-1d (MARKS Page #181)

Title: Environmental Restoration Remedial Assessment Files

Authority: To be assigned.

Privacy Act: Not Applicable.

Description: Example of records are correspondence, memorandums, quality assurance project

plans (QAPPs), endangerment assessment, risk assessment, health and safety plans, potentially

responsible party (PRP) searches and investigations, projects management plans (PMP), preremedial reports, remedial investigation (RI) reports, feasibility study (FS) reports, proposed

plans for selected remedial action, and applicable or relevant and appropriate requirements

(ARARs), congressional inquiries, community relation plans and other public awareness records.

Disposition:

Permanent.

Proposed File Number: 200-1e (MARKS Page #181)
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F-41

Title: Army Environmental Restoration Administrative Record

Authority: To be assigned

Privacy Act: Not Applicable

Description: The Administrative Record is a subset of the remedial assessment file compiled

made available to the public as the basis for selected Defense Environmental Restoration

Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental Restoration

Program, and Work for Others response actions. Example of records include: site discovery

documentation, health and endangerment assessments, action memoranda, administrative orders,

consent orders, applicable or relevant and appropriate requirements (ARAR), the preliminary

assessment, site inspection, site investigation, the remedial investigation reports, feasibility

study, community relations plans, correspondence, fact sheets, news clippings, work plans,

natural resource trustee information, site reports, the proposed and approved remedial action,

potentially responsible party (PRP) letters, PRP steering committee documents, letters, the

Record of Decision (ROD) and ROD briefing documents, technical assistance documentation,

technical issue papers, technical assistance grants, natural resources trustee release, trustee

notification form and selection guide, public meeting transcripts, public comments on the

development of the administrative Record, and an index of the record.

Disposition: Permanent.

Proposed File Number: 200-1f (Page 180)

Title: Environmental Restoration Project Files

Authority: To be Assigned

Privacy Act: Not Applicable

Description: Documents and videotapes created in connection with the investigation, planning,

design, remedial actions, technical assistance operations, and maintenance of projects associated

with environmental restoration of sites contaminated. These environmental restoration actions

may include Civil Works sites; and sites designated by the Environmental Protection Agency

(EPA), or sites designated by other agencies, assigned to Army; Air Force; Department of

Defense; Non-Department of Defense; active military installations; DOD Base Realignment and

Closure (BRAC) Environmental Restoration Program, Defense Environmental Restoration

Program (DERP). Included are program and project management documents, as well as

documents associated with the administrative record, remedial design, remedial action and
EP 415-1-266

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F-42

closeout, operations and maintenance, and other related documents.

Disposition: Permanent.

File Category 385: SAFETY

Pertinent Background Information

This is an updated classification standard for the file category 385: Safety. The description,

authority and Privacy Act standards remain the same. Based on possible litigation, a permanent

disposition standard is being proposed to address recordable accidents and incidents reports

relating to environmental restoration work performed for Superfund, Defense Environmental

Restoration Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental

Restoration Program and other environmental restoration program accidents or incidents. The

current MARKS regulation rescinded file number 385-40b, Accidents and Incidents Cases. The

proposal recommends file number 385-40b be reinstated because the responsibilities are better

defined in this regulation. Recommend File Number 385-10f be disestablished and the updated

description and disposition standards as discussed below be moved to FN 385-40b. Recommend

the time event disposition identified as 385-10f b, “OCE records created prior to 1 Jan 82:

Destroy after 30 years” be changed from a time event disposition standard to a straight 30 year

file to read as described in b below. A new disposition standard for environmental restoration is

being added at paragraph d below.

ADD NEW DESCRIPTION AND DISPOSITION b through d:

File: 385-10f (MARKS Page #226)

Title: Accident and Incident Cases

Authority: NC1-AU-82-8

Privacy Act: A385-10/400SA

Description: Information relating to individual accidents and incidents. Included are reports of

accidents and incidents and investigation thereof, involving Army missile systems, Army and

non-Army motor vehicles, Army marine equipment, fires, explosives, and damage to Army

property; harmful chemical, biological, radiological, environmental restoration clean-up and

accidents; occupational injuries, illnesses, or death of military, Army civilian employees, or

contractor personnel, injury or illness to non-Army personnel or damage to non-Army property

as a result of Army operation, artillery misfires or accidents, and similar information.

Disposition:
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F-43

a. No change.

b. Change to read: USACE retain in CFA and destroy after 30 years.

c. No change.

d. Environmental restoration reports, retain in CFA 5 years, transfer RHA 5 years,

50 years.
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File Category 405: Real Estate

Pertinent Background Information

This is a major change to the classification standard for the file category 405: Real Estate.

The description for 405-90h has been significantly changed. The Privacy Act standard remains

the same. The proposed disposition standard is permanent rather than the current time event

disposition standard. We are proposing this new disposition standard because of potential

environmental liabilities relating to real property transactions.

File Number: 405-90h (MARKS Page # 233)

Title: Real Property Title/Historical Files

Authority: NC1AU-83-5 and GRS 4

Privacy Act: Not Applicable

Description: Information documenting the condition of title and the life cycle of the acquisition,

management, and disposal of real property. The acquisition documents include directives, real

estate planning reports, title evidence, deeds and judgments; disposal documents include deeds,

grants and papers relating to transfer, assignment or relinquishment; documents relating to the

extent of Federal jurisdiction; documents of permanent value relating to relocations; general

correspondence and miscellaneous environmental restoration documents including those relating

to claims; final project maps, and documents relating to the Comprehensive Environmental

Response, Compensation and Liability Act (CERCLA), Superfund, Defense Environmental

Restoration Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental

Restoration Program, or other remediation program documents which may substantiate potential

environmental claims or liabilities resulting from the acquisition, use or occupancy of real

property or interests in real property; and similar materials.

Disposition:

a. U.S. Army Corps of Engineers Division and Districts having operational real estate

responsibilities: Offer all records and indexes to NARA 10 years after unconditional disposal of

property, Permanent.

b. Other Offices: Destroy copies when no longer needed for current business.
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F-45

File Category 415: Construction

Pertinent Background Information

These are updated classification standards for the file category 415 Construction. The

description, authority, and Privacy Act standard remain the same. A 30 year disposition standard

is being proposed when the contract relates to Environmental Restoration cleanup actions.

File Number: 415-10c (MARKS Page #233)

Title: Military Construction Contracts

Authority: NC-AU-75-19

Privacy Act: Not Applicable

Add new Description e, f and Disposition Standard c, d:

e. Description: Military contracts relating to the Comprehensive Environmental

Response, Compensation and Liability Act (CERCLA), Superfund, Defense Environmental

Restoration Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental

Restoration Program, Work for Others, and Operational and Maintenance. USACE contracts

and supporting documents generated in support of the Environmental Protection Agency (EPA),

Superfund Program, may not be destroyed unless authorized by EPA IAW EPA Managers

Financial Guide.

c. Disposition: Retain in CFA 2 year after closeout of the contract in which final payment is

effected. Transfer to RHA for 5 years. Retire to FRC, Destroy after 30 years providing there are

no outstanding claims; exceptions; or pending litigation in connection therewith. Forward all

Superfund Contract (NA Form 13001) Request for Disposal of Records to the USACE Cost

Recovery Coordinator to obtain disposal authorization.

f. Description: HQUSACE environmental restoration mission correspondence relating to

contract records. USACE contracts and supporting documents generated in support of the

Environmental Protection Agency (EPA), Superfund Program, may not be destroyed unless

authorized by EPA IAW EPA Managers Financial Guide.

d. Disposition: Retain in CFA 2 years and retire FRC, destroy after 30 years providing there are

no outstanding claims; exceptions; or pending litigation in connection therewith. Forward all

Superfund Contract (NA Form 13001) Requests for Disposal of Records to the USACE Cost

Recovery Coordinator to obtain disposal authorization.
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File Category 715: Procurement Contracts

Pertinent Background Information

These are updated classification standards for the file category 715 Procurement Contracts.

The description, authority, and Privacy Act standards remain the same. A 30 year disposition

standard is being proposed when the contracts relates to Environmental Restoration cleanup

actions.

File Number: 715c (MARKS Page #294)

Title: Master, Open-End, and Call-Type Contracts

Authority: NC-64-75-4

Privacy Act: Not Applicable

ADD NEW DESCRIPTION b, c and DISPOSITION c, d:

b. Description: Records relating to the Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA), Superfund, Defense Environmental Restoration

Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental Restoration

Program, Work for Others, and Operational and Maintenance. USACE contracts and supporting

documents generated in support of the Environmental Protection Agency (EPA), Superfund

Program, may not be destroyed unless authorized by EPA IAW EPA Managers Financial Guide.

c. Disposition: Retain in CFA 2 years after closeout of the contract in which final payment is

effected. Transfer to RHA for 5 years. Retire to FRC, and destroy after 30 years providing there

are no outstanding claims; exceptions; or pending litigation in connection therewith. Forward all

Superfund Contract (NA Form 13001) Requests for Disposal of Records to the USACE Cost

Recovery Coordinator to obtain disposal authorization.

c. Description: HQUSACE environmental restoration contract correspondence records.

USACE contracts and supporting documents generated in support of the Environmental

Protection Agency (EPA), Superfund Program, may not be destroyed unless authorized by EPA

IAW EPA Managers Financial Guide.

d. Disposition: Retain in CFA 2 years and retire FRC, destroy after 30 years providing there are

no outstanding claims; exceptions; or pending litigation in connection therewith. Forward all

Superfund Contract (NA Form 13001) Requests for Disposal of Records to the USACE Cost

Recovery Coordinator to obtain disposal authorization.
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File Number: 715j (MARKS Page #295)

Title: Small Purchase Categories

Authority: NC1-330-78-13

Privacy Act: Not Applicable

ADD NEW DESCRIPTION AND DISPOSITION b & c:

b. Description: Records relating to the Comprehensive Environmental Response, Compensation

and Liability Act (CERCLA), Superfund, Defense Environmental Restoration Program (DERP),

DOD Base Realignment and Closure (BRAC) Environmental Restoration Program, Work for

Others, and Operational and Maintenance. USACE contracts and supporting documents

generated in support of the Environmental Protection Agency (EPA), Superfund Program, may

not be destroyed unless authorized by EPA IAW EPA Managers Financial Guide.

b. Disposition: Retain in CFA 1 year after closeout of the contract in which final payment is

effected. Retire to FRC, destroy after 30 years providing there are no outstanding claims;

exceptions; or pending litigation in connection therewith. Forward all Superfund Contract (NA

Form 13001) Request for Disposal of Records to the USACE Cost Recovery Coordinator to

obtain disposal authorization.

c. Description: HQUSACE environmental restoration contract correspondence records.

USACE contracts and supporting documents generated in support of the Environmental

Protection Agency (EPA), Superfund Program, may not be destroyed unless authorized by EPA

IAW EPA Managers Financial Guide.

c. Disposition: Retain in CFA 2 years and retire FRC, destroy after 30 years providing there are

no outstanding claims; exceptions; or pending litigation in connection therewith. Forward all

Superfund Contract (NA Form 13001) Requests for Disposal of Records to the USACE Cost

Recovery Coordinator to obtain disposal authorization.

File Number: 715k (MARKS Page #295)

Title: Contract Actions

Authority: NC-217-75-8

Privacy Act: Not Applicable

ADD NEW DESCRIPTION b, c, and DISPOSITION c, d:
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F-48

b. Description: Records relating to the Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA), Superfund, Defense Environmental Restoration

Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental Restoration

Program, Work for Others, and Operational and Maintenance. USACE contracts and supporting

documents generated in support of the Environmental Protection Agency (EPA), Superfund

Program, may not be destroyed unless authorized by EPA IAW EPA Managers Financial

Guide.

c. Disposition: Retain in CFA 1 year after closeout of the contract in which final payment is

effective. Retire to FRC, destroy after 30 years providing there are no outstanding claims;

exceptions; or pending litigation in connection therewith. Forward all Superfund Contract (NA

Form 13001) Requests for Disposal of Records to the USACE Cost Recovery Coordinator to

obtain disposal authorization.

c. Description: HQUSACE environmental restoration contract correspondence records.

USACE contracts and supporting documents generated in support of the Environmental

Protection Agency (EPA), Superfund Program, may not be destroyed unless authorized by

EPA IAW EPA Managers Financial Guide.

d. Disposition: Retain in CFA 2 years and retire FRC, destroy after 30 years providing there are

no outstanding claims; exceptions; or pending litigation in connection therewith. Forward all

Superfund Contract (NA Form 13001) Requests for Disposal of Records to the USACE Cost

Recovery Coordinator to obtain disposal authorization.

File Number: 715p (MARKS Page #295)

Title: Contract Clause Deviations

Authority: NC1-AU-80-45

Privacy Act: Not Applicable

ADD NEW DESCRIPTION b & c AND DISPOSITION b & c:

b. Description: Records relating to the Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA), Superfund, Defense Environmental Restoration

Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental Restoration

Program, Work for Others, and Operational and Maintenance. USACE contracts and supporting

documents generated in support of the Environmental Protection Agency (EPA), Superfund

Program, may not be destroyed unless authorized by EPA IAW EPA Managers Financial Guide.
EP 415-1-266

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F-49

b. Disposition: Retain in CFA 1 year after closeout of the contract in which final payment is

effected. Retire to FRC, destroy after 30 years providing there are no outstanding claims;

exceptions; or pending litigation in connection therewith. Forward all Superfund Contract (NA

Form 13001) Request for Disposal of Records to the USACE Cost Recovery Coordinator to

obtain disposal authorization.

c. Description: HQUSACE environmental restoration contract correspondence records:

USACE contracts and supporting documents generated in support of the Environmental

Protection Agency (EPA), Superfund Program, may not be destroyed unless authorized by EPA

IAW EPA Managers Financial Guide.

c. Disposition: Retain in CFA 2 years and retire FRC, destroy after 30 years providing there are

no outstanding claims; exceptions; or pending litigation in connection therewith. Forward all

Superfund Contract (NA Form 13001) Requests for Disposal of Records to the USACE Cost

Recovery Coordinator to obtain disposal authorization.

File Category 1110: Corps of Engineers, Engineering and Design

Pertinent Background Information

These are new classification standards for the file category 1110: Corps of Engineers,

Engineering and Design.

File Number: 1110-1-8100e (Page #317)

Title: Environmental Restoration - Raw Data Files

Authority: To be assigned

Privacy Act: Not Applicable

Description: Records relate to chemical analysis services performed to support the

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), for

Superfund, Defense Environmental Restoration Program (DERP), DOD Base Realignment and

Closure (BRAC) Environmental Restoration Program, Work for Others, and Operations and

Maintenance. Examples of documentation include: QA/QC laboratory Chemical Quality

Assurance reports. Chemical Data Quality Assessment reports, raw data inventory forms, field

sheets, chain of custody documents, data worksheets, analyst logbooks, sample logbooks,

correspondence, and QA/QC data logs.

Disposition:
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a. Dispose of all raw test samples within 90 days after regulatory holding times, but not to

exceed 1 year, whichever is sooner.

b. Raw test data reports shall be retained for 2 years from date of generation.

File Number: 1110-1-8100f (Page #317)

Title: Environmental Restoration Quality Assurance and Quality Control (QA/QC) Files

Authority: To be assigned.

Privacy Act: Not Applicable

Add New Description and Disposition Standards:

Description: Records relate to chemical analysis QA/QC final reports supporting the

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), for

Superfund, Defense Environmental Restoration Program (DERP), DOD Base Realignment and

Closure (BRAC) Environmental Restoration Program, Work for Others, and Operations and

Maintenance. Examples of documentation include: QA/QC laboratory Chemical Quality

Assurance reports, Chemical Data Quality Assessment reports, raw data inventory forms, field

sheets, chain of custody documents, data worksheets, analyst logbooks, sample logbooks,

correspondence, QA/QC data logs, and independent data validation reports (if generated).

Disposition:

a. Permanent.

b. Cutoff logbooks on completion of project: Destroy after 30 years if listed on the National

Priorities List; all others will be destroyed after 5 years.

File Number: 1110-1-8100g

Title: Environmental Restoration Waste Identification, Tracking, and Disposal Files

Authority: To be assigned

Privacy Act: Not Applicable

Add New Description and Disposition Standard:
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F-51

Description: Records relate to waste identification, tracking and disposal documentation

supporting the Comprehensive Environmental Response, Compensation and Liability Act

(CERCLA), for Superfund, Defense Environmental Restoration Program, Work for Others, and

Operations and Maintenance. Examples of documentation includes, generator knowledge

determination, waste analysis reports and associated waste profile sheets, waste shipping records

and hazardous waste manifests, land disposal restriction notifications and certificates of disposal.

Disposition: Permanent.

File Category 1180: Corps of Engineers Contracts

Pertinent Background Information

These are updated classification standards for the file category 1180 Corps of Engineers

Contracts. The description, authority, and Privacy Act standards remain the same. A 30 year

disposition standard disposition standard is being proposed when the contracts relate to the

Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)

Superfund, Defense Environmental Restoration Program (DERP), DOD Base Realignment and

Closure (BRAC) Environmental Restoration Program, Work for Others, and Operational and

Maintenance.

File Number: 1180-1-1a (MARKS Page #326)

Title: Civil Works Contracts (CE)

Authority: NC1-AU-76-75

Privacy Act: Not Applicable

ADD NEW DESCRIPTION c AND DISPOSITION INSTRUCTIONS c, d:

c. Description: USACE Civil Works contracts relating to the Comprehensive Environmental

Response, Compensation and Liability Act (CERCLA), Superfund, Defense Environmental

Restoration Program (DERP), DOD Base Realignment and Closure (BRAC) Environmental

Restoration Program, Work for Others, and Operational and Maintenance or any other contracts

relating to environmental restoration clean-up actions. USACE contracts and supporting

documents generated in support of the Environmental Protection Agency (EPA), Superfund

Program, may not be destroyed unless authorized by EPA IAW EPA Managers Financial Guide.

c. Disposition: Retain in CFA 2 years after closeout of the contract in which final payment is

effected. Transfer to RHA for 5 years, retire to FRC, destroy after 30 years providing there are
EP 415-1-266

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F-52

no outstanding claims; exceptions; or pending litigation in connection therewith. Forward all

Superfund Contract (NA Form 13001) Requests for Disposal of Records to the USACE Cost

Recovery Coordinator to obtain disposal authorization.

d. Disposition: HQUSACE environmental restoration contract correspondence records; retain in

CFA 2 years and retire FRC, destroy after 30 years providing there are no outstanding claims;

exceptions; or pending litigation in connection therewith. Forward all Superfund Contract (NA

Form 13001) Requests for Disposal of Records to the USACE Cost Recovery Coordinator to

obtain disposal authorization.

File Number: 1180-1-1q (MARKS Page #327)

Title: Civil Works Construction and Maintenance Contracts

Authority: NC1-AU-76-47

Privacy Act: Not Applicable

ADD NEW DESCRIPTION f AND DISPOSITION STANDARD b & c:

f. Description: USACE Civil Works contracts relating to the Comprehensive Environmental

Response, Compensation and Liability Act (CERCLA), Superfund, Defense Environmental

Restoration Program (DERP), and DOD Base Realignment and Closure (BRAC) Environmental

Restoration Program, Work for Others, and Operational and Maintenance. USACE contracts

and supporting documents generated in support of the Environmental Protection Agency (EPA),

Superfund Program, may not be destroyed unless authorized by EPA IAW EPA Managers

Financial Guide.

c. Disposition: Retain in CFA 2 year after closeout of the contract in which final payment is

effected. Transfer to RHA for 5 years and retire to FRC, destroy after 30 years providing there

are no outstanding claims; exceptions; or pending litigation in connection therewith. Forward all

Superfund Contract (NA Form 13001) Requests for Disposal of Records to the USACE Cost

Recovery Coordinator to obtain disposal authorization.

c. Disposition: HQUSACE environmental restoration contract correspondence records; retain in

CFA 2 years and retire FRC, destroy after 30 years providing there are no outstanding claims;

exceptions; or pending litigation in connection therewith. Forward all Superfund Contract (NA

Form 13001) Requests for Disposal of Records to the USACE Cost Recovery Coordinator to

obtain disposal authorization.
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DEPARTMENT OF THE ARMY

U S. Army Corps of Engineers

Washington, DC, 20314.1000

REPLY TO

ATTENTION OF:

CEMP-RS/CERE-AP 22 Nov 1989

MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: USACE Real Estate Support for EPA Superfund Program

1. The purpose of this memorandum is to provide guidance and

procedures for preparation of Real Estate Planning Reports

(REPR) and Real Estate support for the EPA Superfund Program.

The attached draft guidance is for immediate implementation.

Request you provide copies to all Superfund district project

managers and real estate offices for action. This guidance has

been concurred in by HQEPA.

2. Points of contact at this headquarters are Jim Gibson,

CEMP—RS, (202) 504-4709 and Laura Norman, CERE—AP, (202)

272—0495.

FOR THE COMMANDER:

/s/ /s/

BARRY J. FRANKEL GEORGE R. ROBERTSON

Director of Real Estate Major General, USA

Assistant Commander and Director

Military Programs

Encl
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DISTRIBUTION:

ALL DIVISION SUPERFUND COORDINATORS

COMMANDER,

 HUNTSVILLE DIVISION

 LOWER MISSISSIPPI VALLEY DIVISION

 MISSOURI RIVER DIVISION

 NEW ENGLAND DIVISION

 NORTH ATLANTIC DIVISION

 NORTH CENTRAL DIVISION

 NORTH PACIFIC DIVISION

 OHIO RIVER DIVISION

 PACIFIC OCEAN DIVISION

 SOUTH ATLANTIC DIVISION

 SOUTH PACIFIC DIVISION

 SOUTHWESTERN DIVISION

 CEMRD-ED-EA (Winnike)

CF:

ASA(CW), ATTN: Ms. Tornblom

HQEPA, ATTN: CDR William Zobel
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F-55

REAL ESTATE SUPPORT PROCEDURES FOR EPA SUPERFUND PROJECTS

1. Purpose. Describe Real Estate procedures and provide

guidance for conducting real estate planning and acquisition in

support of Superfund projects.

2. Background.

a. The Corps of Engineers is supporting the Environmental

Protection Agency (EPA) in its mission to clean up hazardous and

toxic waste sites. This support has principally taken the form

of engineering, construction, and related contract management

activities. However, EPA now envisions a need for real estate

support, including Real Estate Planning Reports (REPRs),

acquisition activities, and other real estate support for

enforcement actions.

b. To obtain the necessary real estate interests to

perform remedial actions, EPA will normally either exercise its

enforcement power on contaminated/threatened lands, pursuant to

42 U.S.C. Section 104(e) without just compensation to a

landowner, or acquire non—contaminated/threatened lands,

pursuant to 42 U.S.C. Section 104(j), with just compensation to

a landowner. Enforcement activities will generally be handled

by EPA and acquisition will generally be handled by USACE Real

Estate for USACE assigned projects; however, there will be times

when USACE will provide support activities to EPA in obtaining

the necessary real estate under EPA enforcement powers. The

following paragraphs describe the duties and responsibilities of

relevant USACE and EPA offices in REPR, enforcement, and

acquisition activities.

3. REPRs General.

a. REPRs will be required for all Corps lead projects.

The need for a REPR is established between the Corps and EPA

pursuant to paragraph 4a(1). Appropriate USACE and EPA elements

will then follow the procedures set out below for initiating,

developing, and completing REPRs.

b. Typically, REPRs will take no more than 60 days to

draft depending on the complexity of the project and the type

and amount of land involved. The Real Estate FOA responsible

for producing a REPR shall coordinate any delays in REPR

production with the USACE FOA Design Project Manager (PM) in

Kansas City or Omaha and the EPA Regional Project Manager (RPM).
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c. In addition to the information outlined in Figure 2-1

of ER 405-1-12, REPRs shall in all cases identify those areas of

contaminated, threatened, and clean lands and should include

such other information as is necessary and desirable for project

purposes. (See Appendix A for more guidance on REPR contents.)

4. REPR Procedures. The following paragraphs describe the

process for initiating, developing, and completing REPRs in

support of EPA Superfund projects.

a. Requests for REPRs.

(1) As soon as feasible during the design phase of all

Corps projects, the FOA Design PM and the EPA RPM will establish

real estate requirements to be incorporated in the project

budget for remediation of the Superfund site. The point for

determining real estate requirements may vary by project. For

example, the need for off—site real estate may be adequately

identified in the Remedial Investigation/Feasibility Study

(RI/FS). Other projects may undergo design changes affecting

the location and amount of real estate needed for the project.

Normally, a REPR should be initiated by 0% design (i.e. when the

design commences). Once real estate needs have been reasonably

identified, the FOA Design PM will record these requirements on

a map or maps and forward this information to CEMRD-ED-E to

determine the adequacy of the project’s scope in relation to

real estate needs.

(2) CEMRD-ED-E will review and concur on project

documentation to support the limits of work. CEMRD—ED-E will

then coordinate real estate needs with CEMRD-RE. After these

real estate needs have been coordinated, CEMRD—RE will formally

notify the Chief of Real Estate for the relevant geographical

divisions that a REPR must be initiated. Additionally, CEMRD-RE

will forward a copy of the REPR tasking to HQUSACE CERE-AP, the

FOA Design PM, and the USACE Superfund Division Coordinator in

the appropriate geographical division.

(3) The Chief of Real Estate for the appropriate

geographical division will task appropriate Real Estate FOA to

produce REPRs. The division will forward a copy of this tasking

to CEMRD—RE.

b. REPR Processing.

(1) The relevant Real Estate FOA will produce REPRs

according to division tasking instructions. REPRs should be
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completed no later than 60 days from receipt of tasking unless

there is sufficient justification for extending the REPR

completion deadline. Extensions will be granted by CEMRD-RE.

(a) EPA Regions will provide the necessary funding

for preparation of REPRs by maintaining and ensuring funding is

available through USACE/EPA Inter Agency Agreements (IAGs)

(b) Real Estate FOA will maintain documentation of

REPR production costs for later cost recovery actions by the

Department of Justice (DOJ) on behalf of EPA.

(c) Real Estate FOA will coordinate with the FOA

Design PM and the appropriate EPA RPM as necessary during

production of the REPR.

(2) Real Estate FOA will submit final draft REPRs to their

respective command division for review.

(3) Divisions will timely review and forward final draft

REPRs to CEMRD-RE for approval. An information copy of the REPR

will be furnished from the division to HQUSACE CERE-AP. In no

case will REPRs be forwarded to EPA until they are commented

upon by HQUSACE and reviewed and approved by CEMRD-RE. CEMRD-RE

will approve REPRs within 15 days of receipt.

(4) CEMRD-RE will review and approve final draft REPRs

before they are distributed outside USACE channels. If CEMRD—RE

approves the REPR, CEMRD-RE will forward a copy of the approved

final draft REPR to the FOA Design PM, the USACE Superfund

Division Coordinator, HQUSACE CERE—AP, and two copies to the

appropriate EPA RPM. If any changes are required before

distributing the REPR beyond CEMRD-RE, CEMRD-RE will request.

such changes through appropriate geographical divisions to the

responsible Real Estate FOA.

(5) REPRs may also be refined and enhanced after EPA

review. In such cases, EPA will coordinate any changes or

refinements through the FOA Design PM to the appropriate Real

Estate FOA. Upon completion, the Real Estate FOA will

distribute the refined or enhanced REPRs to the following

activities: division, CEMRD-RE, HQUSACE CERE-AP, the FOA Design

PM, the USACE Superfund Division Coordinator, the EPA RPM, and

Headquarters EPA as necessary.
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5. Real Estate Support. EPA Regions will determine whether

land required for projects will be obtained through EPA’s

enforcement power, or by the acquisition of an interest in real

property. After receiving the approved final draft REPR, EPA

will determine how it will obtain real estate for the project as

well as the need for subsequent Corps real estate support. If

EPA determines to use its enforcement powers to obtain necessary

real property interests, Real Estate FOA may assist EPA as

outlined in paragraph 6 below. On the other hand, if EPA

determines real property acquisition is necessary, and wishes

USACE assistance in performing such acquisitions, the procedures

set out below in paragraph 7 shall be followed. In some cases

EPA may request real estate support where no REPR has been

prepared. In such cases, the following procedures will also

apply.

6. Enforcement. EPA Regions may request USACE to provide

support on EPA enforcement actions as outlined below.

a. The EPA RPM will request assistance from the FOA

Design PM for real estate support for enforcement activities.

Such support may include surveying, mapping, title evidence,

legal descriptions, rights-of-entry etc., but shall not include

discussions or negotiations leading to the implementation of

enforcement actions (i.e., landowner access agreements) without

approval from HQUSACE CERE-AP.

b. The FOA Design PM will refine and coordinate requests

for real estate support from EPA Regions and then forward these

requests for real estate support to CEMRD-RE for action and

implementation.

c. CEMRD—RE will coordinate all requests for real estate

support from the FOA Design PM and task appropriate divisions to

provide real estate support.

d. Divisions will receive real estate tasking from CEMRD—

RE and will task appropriate Real Estate FOA to perform real

estate support activities.

e. Real Estate FOA will perform real estate support in
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F-59

response to EPA Region tasking received through CEMRD—RE and

division. Such support shall include surveying, mapping, title

evidence, rights—of—entry etc.; however, Real Estate FOA will

not participate in negotiations leading to the implementation of

enforcement actions (i.e., landowner. access agreements) without

HQUSACE CERE-AP approval.

(1) Real Estate FOA will maintain documentation of real

estate support activities for later cost recovery actions by DOJ

on behalf of EPA.

f. In the event the EPA Region requests expanded USACE

real estate support in an enforcement action, (such as

negotiations, for landowner access agreements), this expansion

must first be approved by HQUSACE CERE-AP. All requests for

expansion of USACE activities shall be forwarded from the EPA

Region to CEMRD-RE who will then forward the request to HQUSACE

CERE-AP for approval.

7. Acquisition. Pursuant to a directive from HQUSACE CERE-AP,

Real Estate FOA shall perform real estate acquisition in

accordance with established laws and regulations applying to

USACE Real Estate acquisitions.

a. If land shall be acquired by acquisition pursuant to

PL 91-646, EPA Regional Offices must obtain EPA Headquarters

approval prior to acquiring real property at the project. Where

a REPR has been prepared, the REPR will accompany any request to

acquire real property, and will become part of the acquisition

strategy plan for the project, which must be approved by EPA

Headquarters.

b. EPA Headquarters will approve the EPA Region’s request

for acquisition of real property and will then issue a real

estate directive to HQUSACE CERE-AP authorizing the Corps to

acquire real estate. However, EPA Headquarters will not issue a

directive to acquire real estate until the State Superfund

Contract (SSC) with the relevant real estate provisions is in

place. Without a SSC containing language indicating the State

will take title to the land once the remedial action is

completed, EPA has no authority to acquire any interest in real

property.
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c. HQUSACE CERE—AP will issue real estate directives to

relevant divisions to perform real estate acquisition at

Superfund sites.

d. Divisions will receive tasking from HQUSACE CERE-AP to

acquire real estate at Superfund projects and will then task

appropriate Real Estate FOA to acquire real estate based on the

directive from HQUSACE ERE-AP.

e. Real Estate FOA will perform real estate acquisition

only pursuant to a directive from HQUSACE CERE-AP.

(1) Real Estate FOA will coordinate acquisition of

real property with the FOA Design PM.

(2) Real Estate FOA will maintain documentation of

real estate acquisition costs for later cost recovery actions by

DOJ on behalf of EPA.

f. In the event condemnation proceedings are instituted

to acquire the real estate specified in the directive to the

Real Estate FOA, the Real Estate FOA will prepare the necessary

documents for assembly of the Declaration of Taking (DT) to

implement condemnation proceedings. The Real Estate FOA,

through the appropriate geographical division, will then forward

the DT “package” to HQUSACE CERE-AP. HQUSACE CERE-AC will

review and transmit the DT “package” to Headquarters EPA, who

will approve, sign and return the DT “package” to HQUSACE CERE—

AC for forwarding to DOJ.
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REAL ESTATE PLANNING REPORT

1. Purpose: Brief description of the project and reason for

real estate access at the project.

2. Scope: Estimated acreage requirements.

3. Contaminated/Noncontaminated Lands: Identify whether

necessary real estate is contaminated/noncontaminated/

threatened.

4. Estate: Recommended estate to be acquired (e.g. Fee Title,

Easement, License, etc.)

5. Ownership: Brief discussion of number and names of owners,

and if known, their attitudes concerning the proposed

acquisition.

6. Value: Estimated value of real estate interests to be

involved.

7. Problems: Discuss any known or potential problem areas.

Exhibits:

A. REPR authorizing letter

B. Map of area to be acquired

C. Summation of how real estate values were derived
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CERE-AP (405-10) 6 February 1998

MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Guidance for the Provision of Real Estate Support to the Formerly Utilized Sites

Remedial Action Program and Delegation of Authority to Execute Rights-of-Entry and Acquire

Real Property and Interests Therein

1. References:

a. Energy and Water Development Appropriations Act, 1998, Pub. L. No. 105-62, 111

Stat. 1326 (1997).

b. Memorandum, CECW-B, 31 Oct 97, subject: Formerly Utilized Sites Remedial

Action Program (FUSRAP) Operations Order (OPORD) 98-01.

c. Letter from Chairmen, House and Senate Subcommittees on Energy and Water

Development, Committees on Appropriations, to Secretaries of Energy and Defense dated

6 November 1997.

d. Uniform Appraisal Standards for Federal Land Acquisitions, Interagency Land

Acquisition Conference (1992).

e. Uniform Relocation Assistance and Real Property Acquisition Regulations for Federal

and Federally Assisted Programs, 49 C.F.R. Part 24.

f. Memorandum, CERE-E, 27 Nov 90, subject: Delegation of Approval Authority for

Real Estate Appraisal Reports.

g. Memorandum, CERE-AP, 6 Oct 95, subject: Delegation of Authority to Accept

Offers to Sell, Approve Administrative Settlements and Settlement Offers in Condemnation

Actions and Establishment of Performance Measures.

h. Office of Federal Procurement Policy, Policy Letter on Inherently Governmental

Functions, 57 Fed. Reg. 45,096 (1992).

2. Reference 1a, above, transferred program execution responsibility for the Formerly Utilized
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CERE-AP

SUBJECT: Guidance for the Provision of Real Estate Support to the Formerly Utilized Sites

Remedial Action Program and Delegation of Authority to Execute Rights-of-Entry and Acquire

Real Property and Interests Therein.

Sites Remedial Action Program (FUSRAP) from the Department of Energy to the Army Corps

of Engineers. Reference 1b, above, charged Divisions and Districts with responsibility for

executing the program. This memorandum is intended to provide guidance on the provision of

CERE-AP real estate support activities. We have been given an opportunity to demonstrate our

creativity, our ability to work in an uncertain environment and respond quickly to change, and

our partnering skills. We have imposed relatively few constraints on Districts in order to meet

this challenge.

3. District real estate elements shall take appropriate steps to plan the real estate aspects of

FUSRAP projects within their Civil Works geographic boundaries. This planning effort should

include the identification of project real estate requirements, a determination of whether existing

Government rights are sufficient to permit the Corps to construct, operate and maintain the

projects, and the development of a strategy to meet any unsatisfied requirements including the

development of costs and schedules to a level of detail consistent with the complexity of the

project. No Headquarters review or approval of District real estate plans is required. Districts

shall execute approved real estate plans in a timely fashion. It is critical that program

momentum be maintained. Relevant program data should be entered into the Real Estate

Management Information System (REMIS).

4. Chiefs of Real Estate at Major Subordinate Commands (MSC’s) and Districts are authorized

to execute rights-of-entry which substantially conform to enclosed model (Encl 1). This

authority may be further delegated to the section chief level. It is desired that, to the greatest

extent practicable, the FUSRAP program be implemented utilizing rights-of-entry and without

the necessity for real estate acquisition.

5. Chiefs of Real Estate at MSC’s are authorized to approve the acquisition of real property and

interests therein in connection with FUSRAP. This authority may be further delegated to District

Chiefs of Real Estate. Any real property interests acquired should, in most cases, be temporary

and terminate at conclusion of remedial action. Should condemnation of real property interests

be required, citation should be made to 33 U.S.C. § 591, 40 U.S.C. §§ 257-258a, and the Energy

and Water Development Appropriations Act, 1998, Pub. L. No. 105-62, 111 Stat. 1326 (1997).

6. Where a detailed appraisal of any real property interests to be acquired is required, such

interests shall be appraised in accordance with reference 1d, above. It is anticipated, however,
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CERE-AP

SUBJECT: Guidance for the Provision of Real Estate Support to the Formerly Utilized Sites

Remedial Action Program and Delegation of Authority to Execute Rights-of-Entry and Acquire

Real Property and Interests Therein.

that most real property interests required to implement FUSRAP will not require the in-depth

analysis and presentation necessary in a detailed appraisal by virtue of their low value or

simplicity. See 49 C.F.R. §§ 24.102(c), 24.103. Authority to approve appraisals is as delegated

in reference 1f, above, or subsequent delegations.

7. Authority to accept offers to sell, approve administrative settlements and settlement offers in

condemnation actions is as delegated in reference 1g, above.

8. Chiefs of Real Estate at MSC’s and Districts are authorized to approve payment of nominal

consideration for rights-of-entry and licenses required in connection with FUSRAP. The

following language may be inserted after “in consideration of” in the first paragraph of the form:

“the payment of $[INSERT AMOUNT], receipt of which is hereby acknowledged, and”.

Chiefs of Real Estate at MSC’s and Districts are authorized to extend existing DOE licenses and

access agreements containing terms which, if not contrary to law, are not consistent with USACE

policy if deemed reasonable, prudent and in the Government’s interest.

9. Our current position is that real property accountability remains with DOE consistent with the

expression of legislative intent contained in reference 1c, above. DOE project real estate records

have been obtained by the Oak Ridge Transition Team and distributed to the appropriate

geographic Districts. Real property records should be returned to DOE upon site closeout.

10. Districts may determine the nature and extent of contract real estate support, if any, to be

provided by Bechtel National, Inc. under its existing contract with the Government for projects

within their area of responsibility. Districts shall not contract for the performance of inherent

Government functions such as appraisal review and approval. See reference 1h, above.
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CERE-AP

SUBJECT: Guidance for the Provision of Real Estate Support to the Formerly Utilized Sites

Remedial Action Program and Delegation of Authority to Execute Rights-of-Entry and Acquire

Real Property and Interests Therein.

11. Real estate issues which cannot be resolved locally should be elevated through command

channels to CERE-AP. Our point of contact for this guidance is Mr. Cribbin at (202) 761-1704.

FOR THE COMMANDER:

Enclosure B. J. FRANKEL

as Director of Real Estate

DISTRIBUTION:

COMMANDER,

GREAT LAKES AND OHIO RIVER DIVISION, ATTN: CELRD-OR-ET-R

MISSISSIPPI VALLEY DIVISION, ATTN: CEMVD-ET-R

NORTH ATLANTIC DIVISION, ATTN: CENAD-ET-R

NORTHWESTERN DIVISION, ATTN: CENWD-MR-ET-A

CECW-B (Augustine)

CEMP-R (Huston)

CECC-T (Simpson)

CECS
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DEPARTMENT OF THE ARMY

RIGHT OF ENTRY

___________________________________ ______________________________

(Site Name) (Tract Number)

1. This Right of Entry is granted for purposes of performing surveys and investigations, collecting samples and making

test borings, and remediating radiological and chemical contamination of soils, groundwater and structures including, but not

limited to, the right to store, move and remove equipment and supplies; excavate and dispose of contaminated soil and backfill

with suitable soil and restore the property to its previous condition; construct, operate, maintain, repair, replace, and remove

groundwater extraction, treatment and injection systems and monitoring wells; and perform such other work as may be necessary

and incident to implementation of the Formerly Utilized Sites Remedial Action Program for a period not to exceed

_________________beginning with the date of this instrument.

2. This Right of Entry includes the right of ingress and egress on other lands of the Grantor provided that such ingress

and egress is necessary and not otherwise conveniently available to the Government.

3. All tools, equipment, and other property taken or placed upon the land by the Government shall remain the property

of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this

Right of Entry.

4. The Government shall have the right to patrol and police the land during the period of this Right of Entry.

5. If any action of the Government in the exercise of the rights granted herein results in damage to the real property, the

Government will, in its sole discretion, either repair such damage or make an appropriate settlement with the Grantor. In no event

shall such repair or settlement exceed the fair market value of the fee simple title to the real property at the time immediately

preceding such damage. The Government's liability under this clause is subject to the availability of appropriations for such

payment, and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate

funds sufficient to meet any deficiencies. The provisions of this clause are without prejudice to any rights the Grantor may have

to make a claim under applicable laws for any damages other than those provided for herein.

 WITNESS MY HAND AND SEAL this _____ day of ________________________, 199__.

 __________________________(SEAL)

 [Typed Name]

Accepted __________________________(SEAL)

 [Typed Name]

UNITED STATES OF AMERICA

By: _________________________

 [Typed Name]

 [Title]

DEPARTMENT OF THE ARMY

U.S. Army Corps of Engineers

WASHINGTON, D.C. 20314-1000
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CESO-I (40-5) 23 SEP 1999

MEMORANDUM FOR COMMANDERS, USACE COMMANDS

SUBJECT: HTRW Medical Surveillance Program Inclusion and Frequency Criteria

1. References:

a. Title 29 CFR 1910.120 / 29 CFR 1926.65, Hazardous Waste Operations and

Emergency Response.

b. Engineer Pamphlet (EP) 385-1-58, Safety and Occupational Health, Industrial

Hygiene and Occupational Health Handbook (Draft).

c. Position Paper, U.S. Army Corps of Engineers, HTRW-CX; Criteria for the

Application of 29 CFR 1910.120.

d. Memorandum; Medical Examination Frequency for Hazardous Waste Operations

Personnel, Washington Occupational Health Associates, dated 12 March 1999.

2. After reviewing the data contained in reference 1.b., and evaluating the requirements of

reference 1.a. and l.c., the HQUSACE Medical Advisor (Contract Occupational Health

Physician), has recommended to the HQUSACE Safety and Occupational Health Office (CESO)

that the frequency of Hazardous, Toxic and Radioactive Waste (HTRW) examinations for

USACE personnel meeting OSHA inclusion criteria, as stated in 29 CFR 1910.120 and 29 CFR

1926.65, should, in general, be performed on a biennial basis (reference 1.d.). The

memorandum stating this is enclosed.

3. The Occupational Health physician recommendations are as follows:

a. Only "covered" personnel (personnel who meet the OSHA inclusion criteria) shall

receive medical examinations. USACE Commands are advised to review criteria for employee

participation in the local HAZWOPER medical surveillance program. We advise comparing

each HTRW employees' recent work activities and potential future workload to the following

criteria to determine need for program participation and associated examination frequency. We

also advise team (employee, employee supervisor, local SOHO with support of the local

occupational physician) participation when performing the evaluation.

(1) Generally those employees participating in an HTRW medical surveillance program

are those that enter into an exclusion or contamination reduction zone (who may be exposed at or

above the established permissible exposure limits) for more than 30 days per year, or those who
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may be exposed to high concentrations of contaminants over a brief period, such as those

individuals working on investigative drill crews where unknown contaminants and

concentrations may be encountered.

(2) Employees who wear a respirator for more than 30 days or more per year shall be

included in the program.

(3) All employees who are injured, become ill or develop signs or symptoms due to possible

overexposure involving hazardous substances or health hazards from an emergency response or

hazardous waste operation shall also be included in the program.

b. In general, covered personnel should be examined only every other year. This decision is

based on a review of information that indicates that for most types of work activities USACE

employees perform on HTRW sites (contract managers with some in-house execution), there is a

lack of exposures that even approach OSHA Permissible Exposure Limits (PELs) or Action

Levels (usually considered one-half of the PEL).

c. There are local conditions, however, that may warrant more frequent examinations.

(1) Should an employee demonstrate signs or symptoms that may be associated with

increased exposure, the local examining physician may make a professional judgment for that

individual to be provided with more frequent examinations;

(2) when the USACE Command (design or geographic executing District) determines that a

project's site safety and health requirements (either in-house or contractor plan that USACE

employees follow) require more frequent examinations or specific medical tests (example: blood

lead determinations);

(3) when an OSHA substance specific standard is invoked which requires a more frequent

medical examination;

(4) as otherwise determined by the local examining physician based on individual employee

circumstances.

4. Under the updated OSHA standard for respiratory protection 29 CFR 1910.134, there is no

frequency or periodicity required after the initial medical evaluation. There are, however,

criteria established where medical reevaluation might be required. As stated in 29 CFR

1910.134(e)(7) medical clearance to wear a respirator may be required beyond the initial

evaluation for one of the following reasons:
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a. The employee reports medical signs or symptoms that are related to the ability to wear a

respirator;

b. the health care professional, supervisor or respirator administrator informs the employee

that a more frequent reevaluation is necessary;

c. information from the respiratory protection program, including observations made during

fit testing and program evaluation indicate a need for reevaluation; or

d. a change occurs in workplace conditions (e.g. physical work effort, protective clothing,

temperature) that may result in a substantial increase in the physiological burden placed on the

employee.

5. USACE Commands should ensure that contractors executing HTRW work receive notice of

this policy.

6. If there are any questions please contact Mr. Robert Stout, 202-761-8566 or Mr. Richard

Wright, 202-761-8565.

FOR THE COMMANDER:

Encl CONNIE K. DEWITTE

Chief, Safety and Occupational

Health Office

CF: Chief, SOHO, USACE Commands
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WASHINGTON OCCUPATIONAL HEALTH ASSOCIATES, INC.

Suite 410

1120 19th Street N.W.

Washington, D.C. 20036

Consultants in Occupational Telephone (202) 463-6696

and Environmental Health Telecopier (202) 223-6625

March 12,1999

Mr. Robert Stout

U. S. Army Corps of Engineers

CESO-I

I Room 4124C

20 Massachusetts Avenue N.W.

Washington, D.C. 20314-1000

Subject: Medical Examination Frequency for Hazardous Waste Operations Personnel

References:

1. Position Paper, U.S. Army Corps of Engineers; Criteria for the Application of 29 CFR

 1910.120 (HAZWOPER).

2. 29 CFR 1910.120 (f), Hazardous Waste Operations and Emergency Response; Medical

 Surveillance

3. 29 CFR 1926.65 (f), Hazardous Waste Operations and Emergency Response, Medical

 Surveillance

4. EP 385-1-58 (October 1998) Safety and Occupational Health, Industrial Hygiene and

 Occupational Health Handbook (Draft)

5. EP 385-1-58, Appendix D - 1, Medical Examination Requirements for Potentially Hazardous

 Chemical Agents ( Draft)

6. EP 385-1-58, Appendix D - 2, Medical Examination Requirements for Potentially Hazardous

Work (Draft)

Dear Mr. Stout:
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Based upon reviews of potential occupational exposures (ref 1), the regulations for hazardous

waste workers (ref 2, 3), and medical examination protocols (ref. 4, 5, 6) it is recommended that

the normal frequency of periodic medical examinations for occupationally exposed USACE

personnel engaged in hazardous waste operations be established on a biennial frequency. The

biennial frequency shall prevail unless a specific OSHA standard is invoked which requires a

more frequent medical examination be conducted.

Under the applicable OSHA standards medical surveillance shall be instituted for

"...employees who are or may be exposed to hazardous substances or health hazards at or above

the permissible exposure limits or, if there is no permissible limit, above the published exposure

levels for these substances, without regard to the use of respirators, for 30 days or more a year;.

." A review of the exposure levels of USACE personnel (ref. 1) has shown that very few persons

would be included within the group for whom medical surveillance is mandated due to exposures

at or near the PEL. The frequency of periodic examination for covered workers described by the

regulations should be "...At least once every twelve months for each employee covered unless

the attending physician believes a longer interval (not greater than biennially) is appropriate;. . ".

Based upon review of historical information regarding USACE employees given

hazardous waste operations assignments, it is our professional opinion that a biennial frequency

for periodic examinations should be instituted for the general case. Should certain individuals

demonstrate signs or symptoms that may be associated with increased exposure, the local

examining physician may make a professional judgment for that individual to be provided more

frequent examinations. The reasons for such deviations from the normal examination

frequencies shall be noted in the individual's medical files.

Sincerely,

Samuel J. Scott, Jr., M.D., M.P.H.

Senior Clinical Associate

cc: Dr. Neil Juriniski
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EPA Real Estate Acquisition

Procedures for USACE Projects

Office of Emergency and Remedial

Hazardous Site Control Division OS-220 Quick Reference Fact Sheet

Introduction

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as

amended, authorizes the US Environmental Agency (EPA) to cleanup the nation’s hazardous

waste sites. Prior to planning and implementing a remedial action (RA), EPA will select one

delivery mechanism from among several available options. The US Army Corps of Engineers

(USACE), because of their extensive experience in real estate activities has been asked to assist

EPA where EPA has determined that USACE is the appropriate supporting agency and that

health based relocation is not required. Health based relocations (or emergency relocations) are

beyond the scope of this document and will be addressed at a later date.

EPA, under Section 104(j)(1) of the

Superfund Statute, is authorized to Superfund Real Estate

acquire by purchase, lease, donation, Alternatives Flow Chart

condemnation, or otherwise, any real

property needed to conduct a remedial

action. Recent experience with real

property acquisitions for the Superfund

program has emphasized the need for

Remedial Project Managers (RPMs) to

anticipate that:

United States Office of Emergency Publication:

Environmental Protection and Remedial 9355.5-01/FS

Agency Response February 1990
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• Time frames for acquisitions may be long in duration.

• Site activities may be delayed due to acquisition issues.

• Initial planning must begin early in the remedial design process.

The process by which property is acquired for the remediation depends upon the remedy

selected, the design of the remedy, the parties involved in implementation of the remedy, and the

role of the state in which the site is located. Generally, EPA will only acquire through purchase,

lease, donation, or condemnation, property which is not contaminated. The Enforcement Access

Provisions of 104(e) grants EPA the authority to access any real property which is contaminated

or threatened with contamination.

Initial Planning

During the initial planning phase of the acquisition process, the Region must determine the real

estate needs based on the requirements of the Record of Decision (ROD). In order to make this

determination, the Region must task USACE with the development of a Real Estate Planning

Report (REPR) in the Interagency Agreement (LAG). The REPR, completed during the design

phase of the project, summarizes specific characteristics of the properties needed for the remedial

action (see Summary of the REPR in the sidebar). REPRs are to be developed for all USACE

designs, even if acquisitions are not anticipated.

Upon reviewing the REPR, the Region in consultation with the Regional Counsel (RC), ‘will

determine those interests to be acquired and then develop a strategy for acquiring those interests

(see Real Estate Decision Flow Chart). The following issues would be considered in the

Region’s acquisition strategy:

• Method of acquisition (purchase, lease, donation, or condemnation).

• Summary of criteria for determination of acquisition method.

• Federal funding availability

• Acquisition schedule

• Plan for public involvement related to acquisition (coordinated with overall site 

 community relations effort).
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Request and Approval Process

Once the Site Acquisition Strategy has been developed, the Region (with USACE assistance as

needed) will submit a formal request for acquisition to the Assistant Administrator, Office of

Solid Waste and Emergency Response (OSWER).

This request, based on the site acquisition strategy, must include:

• A rationale for the required acquisition.

• The legal description of all parcels.

• Estimated cost of acquiring the interest.

• The REPR.

Prior to initiating the request, the Region must verify that the State will agree to accept title to

the property on or before the completion of the remedial action. The acquisition cannot be

completed until the Superfund State Contract (SSC) is signed.

Real Estate Decision Flow Chart

Headquarters review is coordinated by the

Hazardous Site Control Division (HSCD) within

OSWER. OSWER will evaluate the Region’s

Request to determine if the acquisition is

technically feasible and cost effective. Before

OSWER approves the request, the Region must be

able to demonstrate that all reasonable attempts

have been made to limit the acquisition. Prior to

formal approval by OSWER, the request will be

sent to the Office of General Counsel (OGC) whose

role is to concur with the strategy ensuring that the

acquisition does not violate or contradict any

current EPA policies or regulations. Upon OGC

concurrence, and OSWER’s approval, a transmittal

memo will be sent from HSCD to the Facilities and

Management Services Division (FMSD) to

complete the acquisition.
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Acquisition

The Facilities Management and Services Division (FMSD), an EPA Headquarters organization,

has the sole authority in the Agency to accept titles and record deeds on behalf of the Federal

Government. This division, with their specialists in real estate, will facilitate USACE support in

the actual acquisition phase of the project by formally transmitting the Region’s request to the

USACE Headquarters’ real estate division. USACE Headquarters will determine what support is

available and then make the appropriate assignments.

In order for FMSD to perform their role adequately, they will examine the acquisition request

and supporting documentation provided by the Region to determine whether any additional

information such as detailed property descriptions, surveys, or appraisals are necessary to

complete the acquisition in accordance with existing Federal regulations. Once the USACE

district is formally tasked, they will prepare and submit an acquisition implementation plan

complete with scheduling requirements to FMSD with a copy to the Region. FMSD, with

assistance from the Region, will review the plan and use it in assessing the status of the project.

After the Region and FMSD review the final acquisition documents prepared by USACE, then

USACE will send the offer to the property owner, negotiate, and settle, at which time FMSD will

accept the title.

Upon or before the completion of remedial activities, EPA will transfer the title to the State. The

Region prepares a memo to FMSD explaining any deed restrictions referenced in the Record of

Decision. FMSD, upon receipt of the memo, will proceed with the transfer.

The acquisition process for USACE performed projects is detailed in the “Real Estate

Acquisition Flow Chart”.

Summary of the Major Roles and Responsibilities

• Region requests REPR through the Remedial Design IAG.

• Region review the REPR and devises a strategy for site acquisition.

• Region submits the request to the Assistant Administrator, OSWER.

• OSWER (thru HSCD) coordinates EPA-HQ response.

• OGC concurs/nonconcurs with the request.

• OSWER approves/disapproves the request.

• State provides assurances of its intent to accept title.

• OSWER prepares transmittal memo to FMSD

• FMSD tasks USACE to offer support

• USACE prepares the final offer and title for EPA review
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• USACE makes the offer, negotiates and conducts the closing

• FMSD signs and accepts the title

Timetable for 104 (j) Acquisitions

The following real estate acquisitions activities required by the “Uniform Relocation Assistance

and Real Property Acquisitions Policies Act of 1970” (PL 91-646) normally require the listed

durations to complete. These time frames should be incorporated into any planning schedules

for real estate acquisitions.

ACTIVITY DURATION

TITLE EVIDENCE 90 DAYS

APPRAISAL 90 DAYS

FAIR MARKET LETTER FOLLOWING APPRAISAL

NEGOTIATIONS 60 DAYS

CLOSING 30 DAYS

TOTAL ESTIMATED TIME 9-10 Months

Real estate needs must be identified early in the design phase of the project to prevent any

unnecessary delays. The RPM can receive real estate support from USACE by requesting a Real

Estate Planning Report in the RD/RA LAG.

This guidance covers the most basic type of acquisitions for EPA involving non-contaminated

properties. When contaminated property is needed to carry out the remedial action, then the

Region must contact EPA-HQ directly for further guidance.

For additional information, please contact Ms. Jo Ann Griffith, EPA-HQ, OSWER, HSCD at

FTS-475-6704 or commercially at (202) 475-6704.
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Summary of REPR

Site Background Information

Acreage Needed

Site Boundaries

Sketches of Property Features

Rough Appraisal on Interest to be

 Acquired

Current Owner Attitudes on Access/

 Acquisition

Public Involvement Issues

Real Estate Definitions

“Access” a right to enter, pass to and from, obtain or make

use of a property interest or parcel of land.

“Acquisition” obtaining an interest in real property by means

of purchase, donation, transfer, or condemnation activities.

“Assessment” a limited right to use another party’s land or

property interest for a special purpose such as construction

during a remedial action or for purposes of exploration

(surveys, appraisals, test borings, etc.) necessary to the

design of a public works project.

‘Enforcement Access” the use of SARA 104(e) to gain

access to a contaminated property.

“Interest” share, right or title in property.

“Short-term Interest” a need for involvement at a site of

duration limited to completion of the Remedial Action (RA)

phase of site cleanup.

“Long term interest” an extended (past duration of RA

construction) limited to completion of the Remedial Action

(RA) phase of site cleanup.

“Real Estate Planning Report” (REPR): a research report

describing a parcel of land including land title, ownership,

estimated value and acreage prepared by USACE to assist

EPA Regions in decisions regarding necessary real estate for

Remedial Actions.

“Right of Entry” a permit to enter in, on, over, and across

property or land for a limited period of time.
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LIABILITY RELEASE

FOR

CONTRACTOR SITE VISIT

Site Name:___________________________________________

Solicitation No.:____________________________________

I ______________________________ of ______________________________ hereby release

from liability and agree to hold harmless the U.S. Government, its officers, employees, and agents

of all consequences, including personal injury or disease, death, or property damage, related to or in

any way arising from potential or actual hazards or conditions present or encountered at the site

during my visit(s) on ___________________________________________.

I further certify that, pursuant to 29 CFR 1910.120 and 29 CFR 1926.65, my employer has reviewed

all documents related to the subject solicitation and has developed the appropriate safety and health

program, including a site-specific portion, related to my activities during the site visit. I will furnish

and properly utilize my own personal protective equipment, in accordance with this plan, and be

responsible for my own decontamination and/or disposal of used personal protective equipment. I

also certify that I currently, (on the date of the visit(s)), meet all health and safety training, medical

surveillance, and other requirements of 29 CFR 1910.120 and 29 CFR 1926.65, and, if requested,

will produce evidence of these, along with a copy of my employer safety and health program, before

site entry.

_______________________________ Name (print)

_______________________________ Signature

_______________________________ Date
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

####################### ENCLOSURE FOR CONSTRUCTION BULLETIN NO. 13 DATED 7/3/91 #################

 OFFICE OF

SOLID WASTE AND EMERGENCY RESPONSE

OCT 18, 1990

Colonel Wayne J. Scholl

Acting Chief

Environmental Restoration Division

U.S. Army Corps of Engineers

20 Massachusetts Avenue NW

Washington, DC 20314—1000

Dear Colonel Scholl:

The purpose of this letter is to provide guidance on authorizing

the U.S. Army Corps of Engineers (USACE) to sign uniform

hazardous waste manifests on the Environmental Protection

Agency’s (EPA) behalf without becoming a generator. Since

signature of land ban notifications and certifications presents

the same issue of generator and transporter liability, we will

address land ban records as well. It is the Agency’s intent

that USACE personne1 will routinely sign manifests and land ban

records.

It has come to our attention that EPA Regional Superfund

staff are being designated to sign manifest forms far off—site

transport of hazardous waste. This requires their presence

during the remedial action when off—site transportation of

hazardous waste is anticipated. It also requires Regional

Project Managers to spend many hours at the site, diverting them

from their appropriate program management roles.
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The applicable Federal regulation associated with this

issue is 40 CFR 262, Appendix, Uniform Hazardous Waste Manifest

Instructions, Item 16, it describes the uniform hazardous waste

manifest certification requirements which are applicable to

generators of hazardous wastes who initiate a shipment of

hazardous waste from a treatment, storage or disposal facility.

This instruction makes clear that generators may have an agent

on their behalf in signing the manifest forms. Specifical1y,

the instructions say, “Generators may preprint the words, ‘on

behalf of’ in the signature block or may hand write this

statement in the signature block prior to signing the generator

certifications.” As explained in the Federal Register Notice on

October 1, 1986 (51 Fed. Reg. 35192) , EPA did not intend to

impose personal liability on ‘the individual who actually signs

the certification. Further, EPA clarified that “employees or

other individuals may sign the manifest certification for a

generator who is a legal entity, such as a corporation”. This

statement makes clear that the generator, so long as the signer

has clear authority from the generator to do so.

Under the Federal regulations, USACE, when tasked by EPA to

perform on-site remedial actions that initiate the off-site

shipment of hazardous waste (such as excavation, dewatering, and

packaging of contaminated soils), may sign the manifests for the

EPA after receiving clear authority from EPA to do so, and after

writing or printing the phrase “On behalf of the United States

Environmental Protection Agency” or “On behalf of U.S.E.P.A.” in

the signature block of the manifest. USACE acting on behalf of

EPA in this situation at Superfund sites does not become a

generator of hazardous waste solely as a result of having signed

the manifests. USACE would merely be performing a technical

confirmation for EPA in signing the manifest form.

With this letter, we are directing USACE to sign the

manifest after writing or printing the phrase “On behalf of the

United State Environmental Agency” or “On behalf of U.S.E.P.A.

in the signature block of the manifest and land ban record for

remedial actions assigned to USACE for construction management.

However, if State regulations will not permit USACE to sign such

documents on behalf of EPA, the USACE should not sign for the

Agency and contact the Region for further guidance on signature
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of manifests and land ban records.

Your assistance is this matter is greatly appreciated.

Should you have any questions regarding this matter, please

contact CDR William Zobel at 703/308/8354

Sincerely,

/s/

Kenneth W. Ayers, Chief

Design and Construction Management Branch

cc: Regional Branch Chiefs
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ANNEX II

Annual Financial Agreement

Between

The Defense Contract Audit Agency

and

U.S. Army Corps of Engineers

FISCAL YEAR 2000 AGREEMENT NUMBER: 002900

I. PURPOSE

This annex, known as the Annual Financial Agreement to the Memorandum of

Understanding (MOU) between the Defense Contract Audit Agency (DCAA) and the 

U.S. Army Corps of Engineers sets forth the financial provisions under which 

reimbursable audit services are provided.

II. AUTHORITY

DCAA reimbursable audit services will be provided under the authority of the Economy 

Act of 1932, as amended (31 U.S.C. 1535).

III. SCOPE OF WORK

Services are to be provided under the provisions stated in the standard MOU 

between the DCAA and the U.S. Army Corps of Engineers. This annex defines the 

amount of the annual effort agreed to by the parties concerned and establishes 

reimbursement policies for audit effort performed.

IV. DURATION OF THE AGREEMENT

This annex is operative for work to be performed during FY 2000. It is effective on 1 

October 1999 through 30 September 2000. An annual renewal for each subsequent 

fiscal year may be made by the written mutual consent of both parties.

V. RATES FOR AUDIT SERVICES

DCAA will provide audit services on a reimbursable basis. Reimbursement will be 

based on applying billable audit hours to the billing rate approved by the Secretary of 

Defense. The hourly rate, which is computed annually is reviewed in detail by the
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Accounting Policy level of the Department of Defense and, upon approval by the 

Secretary of Defense, remains in effect for each respective fiscal year.

VI. BILLING PROCEDURES

Each month, U.S. Army Corps of Engineers will be sent a request for payment for 

DCAA's reimbursable audit services. The request will be either:

 1. Online Payment And Collection (OPAC) Transaction

 2. Billing Invoice mailed from DFAS, Columbus (SF 1080)

 With all requests for payment, DCAA will provide supporting detail to U.S. Army

 Corps of Engineers. To the extent possible, the supporting detail will be

 transmitted electronically to: __________________________ (provide e-mail

 address). In the event that electronic transmission is not possible, the

 supporting detail will be mailed to the address shown on the attached "CoE

 Billing Address List" dated 10/28/1999.

VII. PAYMENT PROCEDURES

Under the provisions of 31 CFR 208, The, Debt Collection Improvement Act of 1996 Federal

payments are to be made electronically, this is the preferred method of payment. Until such time

as Online Payment And Collection (OPAC) procedures have been established between U.S.

Army Corps of Engineers and DCAA's accounting service provider (DFAS - Columbus Center)

your payments should be sent to:

DFAS-Columbus Center

DFAS-CO-FPDD

PO Box 182267

Columbus, OH 43218-2267

A copy of the request for payment should be included with your check. The check must

reference the specific DCAA bill number being paid, and there should be one check per request

for payment.

VIII. RESPONSIBILITIES

A. DCAA will provide contract audit coverage and related services to the U.S. Army Corps of

Engineers.
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B. The U.S. Army Corps of Engineers will promptly reimburse DCAA for services rendered and

billed not later than 45 days from the date the bill was issued.

IX SPECIAL BILLING PROVISIONS

DCAA agrees to provide the U.S. Army Corps of Engineers the following specific 

billing information:

No special provisions.

X. CONTESTED BILLINGS

In the event a bill is unclear or in dispute:

A. The billing office shown on the supporting documentation should be contacted when

question(s) pertains to audit services, authorization for audit services, or other non-administrative

details.

B. If, after taking the action shown above, questions cannot be resolved, the issue in question

must be submitted in writing to the following address:

DCAA Headquarters

 Attention: CFO

 8725 John J. Kingman Road, Suite 2135

 Fort Belvoir, VA 22060-6219

Adjustments in billings can only be made through this office in DCAA Headquarters.

C. If payment has not been made within 60 days of our official request for payment, DCAA will

take action that could result in discontinuation of audit services.

XI. FY 2000 WORKHOUR AND COST ESTIMATE

APPROVED

 ESTIMATED HOURLY ESTIMATED

 HOURS RATE COST

 22,000 $74.77 $1,644,940

 If the FY 2000 hours change after consummation of this agreement, the following steps will
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be taken:

A. DCAA will immediately notify the U.S. Army Corps of Engineers if the hours appear likely

to increase.

B. The recipient of DCAA audit services will take immediate advance action to provide the

funding necessary for the increased audit work, or notify DCAA to terminate audit services, as

appropriate.

XII. SIGNATORIES

Your organization should provide a copy of your funding document and return it to 

DCAA Headquarters, Attention: CFB, as an enclosure to this signed agreement. If 

you choose not to provide a funding document, the signature on this agreement (Number 

002900) will authorize DCAA to utilize it as the funding and obligational instrument.

This agreement (Number 002900) and any subsequent changes thereto will be 

effective when executed by the Chief, Financial Management Division, DCAA and an 

authorized representative of the U.S. Army Corps of Engineers within 30 days of receipt.

U.S. Army Corps of Engineers Department of Defense

Defense Contract Audit Agency

 /s/ /s/

Russell Fuhrman NAME Gary H. Gloinsky

Major General, USA Chief, Financial Management Division

Deputy Commander

6 Dec 1999 DATE 23 Nov 1999
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CoE Billing Address L ist

10/28/99

USA Engineer Dist, Mobile USA Engineer Dist, Little Rock USA Engineer Dist, Sacramento

ATTN:CESAM-CT ATTN: CESWL-CT ATTN: CESPK-CT

PO Box 2288 PO Box 867 1325 J Street

Mobile, AL 36628-0001 Little Rock, AR 72203-0867 Sacramento, CA 95814-2922

USA Eng Dist, San Francisco USA Engineer Dist, Los Angeles USA Engineer Dist, Jacksonville

ATTN:CESP14-CT ATTN: CESPL-CT ATTN: CESAJ-CT

211 Main Street PO Box 2711 PO Box 4970

San Francisco, CA 94105-1905 Los Angeles, CA 90053-2325 Jacksonville, FL 32232-0019

USA Engineer Dist, Savannah USA Engineer Dist., Chicago USA Engineer Dist, Rock Island

ATTN:CESAS-CT ATTN: CENCR-CT Clock Tower Building, ATTN: CENCR-CT

PO Box 889 111 North Canal Street PO Box 2004

Savannah, GA 31402-0869 Chicago, IL 60606-7206 Rock Island. IL 61202-2004

USA Engineer Dist, Louisville USA Engineer Dist, New Orteans USA Eng Dist, Baltimore Contracting Div

ATTN: CEORL-CT (Kathy Dole) ATTN: CELMN-CT ATTN: CENAB-CT

PO Box 59 PO Box 60267 PO Box 1715

Louisville, KY 40201-0059 New Orleans, LA 70160-0267 Baltimore, MD 21203-1715

USA Engineer Dist, New England USA Engineer Dist, Detroit USA Eng Dist, St. Paul

ATTN: CENED-CT ATTN: CENCE-CT ATTN: CENCS-CT

424 Trapelo Road PO Box 1027 190 Fifth Street East

Waltham, MA 02254-9149 Detroit, MI 48231-1027 St. Paul, MN 55101-1638

USA Eng Dist, Vicksburg USA Eng Waterways Exp Sta USA Engineer Dist, Kansas City

ATTN:CELMK-CT ATTN: CEWES-CT-Z ( Cont Div) 700 Federal Bldg, ATTN: CEMRK-CT

3515 I-20 Frontage Rd 3909 Halls Ferry Rd 601 East 12th Street

Vicksburg, MS 39180-5191 Vicksburg, MS 39181-6199 Kansas City, MO 64106-2896

USA Engineer Dist, St Louis USA Engineer Dist, Omaha USA Engineer Dist, Albuquerque

ATTN: CELMS-CT ATTN: CEMRO-CT ATTN: CESWA-CT

1222 Spruce Street 215 North 17th Street PO Box 1580

St Louis, MO 63101-2833 Omaha, NE 68102-4978 Albuquerque, NM 87103-1580

USA Engineer Dist, Buffalo USA Eng Dist, NY USA Engineer Dist, Wilmington

ATTN:CENC3-CT (Cont Div) Cont. Div, ATTN: CENAN-CT ATTN: CESAW-CT

1776 Niagara Street 26 Federal Plaza PO Box 1890

Buffalo, NY 14207-3199 New York, NY 10028-0090 Wilmington, NC 28402-1890

USA Eng Dist, Tulsa USA Engineer Dist, Portland USA Eng Dist, Pittsburgh

ATTN:CESWT-CT ATTN: CENPP-CT ATTN: CEORP-CT-SADBUS

PO Box 61 PO Box 2946 1000 Liberty Avenue

Tulsa, OK 74121-0061 Portland, OR 97208-2946 Pittsburgh, PA 15222-4186

USA Eng Dist, Charleston USA Eng Dist, Phil USA Eng Dist, Nashville

ATTN:CESAC-CT ATTN: CENAP-CT, Cont Div ATTN:CEORN-CT

PO Box 919 110 Penn Square East, Wanarn2ker Bldg PO Box 1070

Charleston, SC 0919 Phil, PA 19107-3390 Nashville, TN 37202-1070

USA Eng Dist, Forth Worth USA Eng Dist, Galveston USA Eng Dist, Norfolk

ATTN:CESWF-CT ATTN:CESWG-CT Contracting Div, ATTN:CENAO-CT

PO Box 17300 PO Box 1229 803 Front Street
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Forth Worth, TX 76102-0300 Galveston, TX 77553 Norfolk, VA 23510-1096

USA Eng Dist, Memphis USA Engineer Dist, Seattle USA Eng Dist, Walla Walla

ATTN: CEIMM-CT ATTN:CENPS-CT ATTN: CENPW-CT

B-202 Clifford Davis Fed Bldg PO Box C-3755 201 N. Third Street

Memphis, TN 38103-1894 Seattle, WA 98124-2255 Walla Walla, WA 99362-1876

USA Eng Dist, Huntington USA Humphreys Engineer Center USA Eng Ord Prog Div

ATTN:CEORH-CT Support Activity, ATTN: CEHEC-CT ATTN:CETAD-OP-C

502 8th Street Kingman Bldg APO, AE 09803-1303

Huntington, WV 25701-2070 Fort Belvoir, VA 22060-5580

USA Eng Topog Laboratories USA Eng Transatlantic Div USA Eng Dist, Japan

ATTN:CETEC-CT ATTN:CETAD-CT-P ATTN:CEPOJ-CT

Cude Bldg#2592 201 Prince Frederick Dr Unit 45010

Fort Belvoir, VA 22060-5546 Winchester, VA 22604 APO, AP 96343-0061

USA Engineer Dist, Far East USA Eng Dist, Pacific Ocean USA Engineer Dist, Alaska

APO, AP 96205-0610 ATTN: CEPOD-CT PO Box 895

 Bldg 230 Anchorage, AK 99506-0898

USA Eng Dist, Huntsville USA Construction Engineering USA Cold Region Research and

ATTN:CEHND-CT Research Laboratory Engineering Laboratory

PO Box 1600 ATTN:CECER-CT, PO Box 4005 ATTN: CECRL-LM-CT, 72 Lyme Rd

Huntsville, AL 35807-4301 Champaign, IL 61820-1305 Hanover, NH 03755-1290

USA Engineer Div, Europe

ATTN:CETAE-CT

Unit 25727

APO, AE 09242-5301
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F-88

SAMPLE

On-Line Payment and Collection (OPAC)

Trading Partnership Agreement

OPAC Trading Partners:

DFAS-Columbus Center, Accounting Directorate (ALC: 00006551)

(ALC:_________________)

Reimbursable billings (SF 1080) will be generated by DFAS-Columbus, Accounting Directorate on

behalf of the Defense Contract Audit Agency (DCAA) for collection from your agency. OPAC is the

preferred method of collection for these receivables. This agreement states your agencies data

requirements for all collections processed-by DFAS-Columbus, Accounting Directorate.

The required data elements to be submitted by DFAS-Columbus, Accounting Directorate for all collection

transactions are as follows:

1. Bill Number.

DFAS-Columbus, Accounting Directorate point of contact and phone number.

2. Your agency has the right to reverse any transaction that does not contain the required information

referenced above or exceeds authorized funding.

*DFAS-CO agrees not to process any transactions during the last five working days of the month.

This agreement will commence immediately. Any amendments must be agreed upon by,DFASColumbus,

Accounting Directorate and your agency.

SAMPLE SAMPLE

Your organization name Date Ron R. Holloway Date

Chief, Financial Officer OPAC Project Officer

Your Office Symbol DFAS-CO-F

SAMPLE SAMPLE

Your POC name Date Charla Haney Date

OPAC Project Officer Chief, Reimbursable Branch

POC Office Symbol DFAS-CO-AAR
EP 415-1-266

Mar 00

F-89

CEMP-RS (200-1a) 07 JAN 1999

MEMORANDUM FOR SEE DISTRIBUTION

SUBJECT: Implementation of the Program and Project Management Information System

(PROMIS) for Environmental Programs

1. References:

 a. Memorandum, CEDC dated 28 February 1997, subject: PROMIS Implementation

Guidance Memorandum Number 1.

 b. Memorandum, CEMP-M dated 28 April 1997, subject: PROMIS Implementation

Guidance Memorandum Number 2.

 c. E-mail message, CEDC dated 29 April 1998, subject: PROMIS.

2. Headquarters, U.S. Army Corps of Engineers (HQUSACE) formed a Program and Project

Management (PM) Tiger Team to research, develop a Course of Action analysis and decision

brief for Automated Information System(s) AIS(s) to support the USACE PM process. The PM

Tiger Team recently recommended and the Chief of Engineers concurred that PROMIS will be

the PM AIS.

3. The enclosure provides instructions to enter and maintain environmental projects in PROMIS.

4. The point of contact for this action is Mr. Jim Strait (202) 761-0414, fax (202) 761-0525.

FOR THE COMMANDER:

//s//

Encl MILTON HUNTER

 Major General, USA

 Director of Military Programs

DISTRIBUTION:

COMMANDER,

U.S. ARMY ENGINEER DIVISION, MISSISSIPPI VALLEY

U.S. ARMY ENGINEER DIVISION, NORTH ATLANTIC
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CEMP-RS

SUBJECT: Implementation of the Program and Project Management Information System

(PROMIS) for Environmental Programs

DISTRIBUTION: (CONT)

U.S. ARMY ENGINEER DIVISION, GREAT LAKES AND OHIO RIVER

U.S. ARMY ENGINEER DIVISION, NORTHWESTERN

U.S. ARMY ENGINEER DIVISION, PACIFIC OCEAN

U.S. ARMY ENGINEER DIVISION, SOUTH ATLANTIC

U.S. ARMY ENGINEER DIVISION, SOUTH PACIFIC

U.S. ARMY ENGINEER DIVISION, SOUTHWESTERN

CF:

CEMVD-PM (D. Herndon)

CEMVD-PM-E (D. Sills)

CENWD-MR-PM (L. Turney)

CENWD-MR-PM-H (D. Tosoni)

CENWD-PM-H (T. Matula)

CENAD-PM (J. Tyler)

CENAD-PM-M (J.D’Agosta)

CENAD-PM-M (A. Jimenez)

CELRD-GL-P (L. Hiipakka)

CELRD-GL-P (B. McPheron)

CELRD-GL-E (S. Nakib)

CELRD-GL-P-M (R. Warda)

CENAE-DD-PM (W. Scully)

CENAE-PP-E (M. Otis)

CENWD-NP-PM (C. Barnhill)

CENWD-NP-PM-M (L. Anderson)

CENWD-NP-PM (M. White)

CELRD-OR-DL-MS (D. Spellman)

CELRD-OR-DL-MS (P. Bertsch)

CEPOD-PM (T. Ushijima)

CEPOD-PM (G. Kitkowski)

CESAD-PM (C. Dever)

CESAD-PM-M (J. Sanders)

CESAD-PM-M (S. Taylor)

CESPD-PM (W. Dawson)
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CESPD-PM (J. Wharry)

CESPD-PM-M (J. Davidson)

CESPD-PM-C (J. Hritz)

CESPD-PM-R (A. Mei)

CEMP-RS

SUBJECT: Implementation of the Program and Project Management Information System

(PROMIS) for Environmental Programs

CF: (CONT)

CESWD-PM (R. Armstrong)

CESWD-PM-M (T. Hudspeth)

CESWD-PM-C (J. Medlock)
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Instructions for Entering and Maintaining Environmental Projects in the Program and

Project Management Information System (PROMIS)

1. General. All work managed by USACE will be entered and maintained in PROMIS with

appropriate links to the Corps of Engineers Financial Management System (CEFMS). Specific

guidance for PROMIS implementation is provided below for each of the major Environmental

programs. Each district executing any portion of a project where other portions are executed by

another district must manage their portion separately in their district’s PROMIS database. This

is necessary because PROMIS, like CEFMS, is a District level system and information is not

exchanged corporately between district systems. Districts are encouraged to develop customized

WBS templates and virtual projects that can be quickly retrieved and edited for specific project

requirements resulting in shorter loading time.

CENWD has initiated an Internet based PROMIS, CEFMS and RMS reports application

at URL - http://wpc21.usace.army.mil:9713/. Districts, Divisions, and HQUSACE can access

this application for project and program reports. The reports application is maintained by Robert

E. Taylor, CENWP, 503-808-4977, and Karen L. Morgan, CENWS, 206-764-6086. They can be

contacted regarding report specifications currently available and for creating additional reports.

The following conventions for entering project narrative information in PROMIS comment fields

will allow for consistent retrieval of that information for reports: project background and scope

will be entered as a Synopsis comment; project status will be entered as a General comment; and,

project issues will be entered as Issue comments.

2. Lowest Reasonable Cost Line Charts. Environmental Division requires that project cost

estimates as well as actual costs be tracked over time with the goal of reducing project costs.

Total Estimated Project Cost Estimates and Actual Project Cost verses time are graphically

depicted as lines over the life of the project. Various graphical approaches may be used. One

suggestion shown on enclosure 1 is for the Southern Maryland Wood Treating project. The

initial total estimated project cost was created at the beginning of the project. The negotiated

total project cost estimate was subsequently prepared that saved $17M of the initial $47M cost

estimate and saved 145 days of the initial 945 days. The negotiated project costs are now $30M

and time to complete is now 800 days. Actual project costs are also plotted so management can

compare to the projected costs and make appropriate adjustments. The lowest reasonable cost

line charts are to be prepared by the executing district in PowerPoint or Excel and submitted to

HQ semi-annually via e-mail.

3. Intergovernmental and Superfund Support Projects. Intergovernmental and Superfund
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programs define a project in PROMIS as an operable unit where one or more phases (i.e.

remedial investigation/feasibility study, remedial design, remedial action, real estate, etc) are

executed for the same scope of work. Each phase is required to be resourced to the third level of

the Hazardous, Toxic and Radioactive Waste (HTRW) Work Breakdown Structure (WBS).

Enclosure 2 provides a diagram of the PROMIS HTRW WBS elements and CEFMS HTRW

Work Category Elements with appropriate links at the third level. Project Managers may

resource at lower levels if desired. Minimum Milestones include Start RI, Final RI submitted,

Start FS, Final FS report completed, Design started, Pre-final (90%) design submittal, Advertise

(IFB) or issue RFP for RA, Award RA (Construction contract), RA NTP Issued, RA physically

complete, RA contract complete, Start Real Estate Planning Report (REPR), Complete REPR,

Start RE Acquisition for RD, Complete RE Acquisition for RD, Start RE acquisition for RA, and

Complete RE Acquisition for RA.

4. Installation Restoration Program (IRP) Projects. Enclosure 3 provides detailed guidance

for entering IRP into PROMIS.

5. Army Base Realignment and Closure (BRAC) Environmental Restoration (ER) Projects.

Enclosure 4 provides detailed guidance for entering BRAC-ER projects into PROMIS.

6. The Formerly Used Defense Sites (FUDS) Projects. Enclosure 5 provides detailed guidance

for entering FUDS projects into PROMIS.

7. Formerly Utilized Sites Remedial Action Program (FUSRAP). Detailed guidance for

entering FUSRAP projects in PROMIS is provided in Enclosure 6.