1050.19

(1) Ground water sampling data are commonly
evaluated through comparison with various published
standards. The most common is the drinking water
maximum contaminant limit (MCL), which is the
maximum permissible level of a contaminant in water
delivered to any user of a public water system.

(2) Soil sampling data shall be evaluated using
the risk assessment methodology described in Chapter 5. It
should be determined whether the soil contaminant levels
exceed acceptable human health risks or other established
standards.

(3) Indoor air quality and asbestos data shall be
evaluated against published standards promulgated by the
Occupational Safety and Health Administration (OSHA)
and EPA.

43. PHASE TWO REPORT REVIEW. The purpose
of the Phase Two report is to document all of the
information collected during the Phase One investigation,
the sampling and analysis plan developed for the Phase Two
investigation, all data and analyses performed during the
Phase Two investigation, and findings, conclusions, and
recommendations.

a. The Phase Two report must include each of the
elements listed in Appendix 7.

b. The Phase Two report shall be signed by a
Registered Professional Engineer.

c. The Phase Two report shall be reviewed by the
division manager of the requesting organization. This
person shall have received training regarding the FAA’s
Phase Two EDDA requirements and meet the requirements
as defined in paragraph 6c. If requested by another program
office, assistance may be provided by the regional Airway
Facilities Division Manager when the EDDA is for other
than airway facilities projects.

Page 42 (thru 50)

8/22/94

d. If the testing and analysis indicate contamination,
a cost benefit analysis shall be performed to evaluate the
worth of the property versus the cost of remediation. The
Phase Three Cost Estimating Aid (Appendix 8) can be used
to support this analysis.

e. The decision to proceed to Phase Three shall be
approved by the division manager of the requesting
organization and the Deputy Regional Administrator, based
on the need for the site in question, cost, liability, and risk
considerations.

f. In addition to conducting a Phase Three EDDA, the
authorized person under subpart e, above, shall look into
other alternatives which may determine whether a property
is to be remediated or taken out of consideration for transfer.
If a property is being considered for purchase, it shall be
considered whether the current owner will remediate the
property and offer a contractual indemnity and security
against the possibility that further contamination will be
discovered,

g. If the property is being sold or otherwise
transferred by the FAA, it shall be determined whether the
property falls within the requirements of 40 CFR 373. The
notice required for storage of 1 year or more is applicable
only to sites where 1,000 kg have been stored, unless the
CERCLA reportable quantity (RQ) is greater than 1,000 kg.
In that case, notification is not required until the quantity
stored exceeds the (RQ). The notice required for known
releases of hazardous substances applies only when the
released quantity exceeds the CERCLA reportable
quantity.

44,-49. RESERVED.

Par 42


8/22/94 1050.19
Appendix 7

APPENDIX 7. PHASE TWO EDDA REPORT
TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

1.0 Introduction

1.1 Summary of Known Information Findings of
Phase One Assessment

1.2 Scope of the Investigation
2.0 Site Map/Building Plans
3.0 Likely Sources of Contamination
3.1 Likely Sources of Contamination
3.2 Location of Likely Sources
3.3 Approximate Date/Type/Quantity of Release
4.0 Soil Sampling and Analysis
4.1 Sampling Overview
4.1.1 Type of Samples
4.1.2 Location of Samples
4.1.3 Sampling Objective and Justification
4.1.4 Analytical Parameters Including Justification
4.2. Sampling Methods
4.2.1 Sampling Methods and Procedures
4.2.2 Boring Logs
4.2.3 Field Screening Data
4.3 Analytical Methods
43.1 Analytical Parameters Including EPA Method Number and Detection Limit
4.3.2 Name and Certification of Laboratory
4.4 Results
4.4.1 Data Presentation Including Tables
4.4.2 Notation of Results Above Applicable Standards
4.4.3. Maps and Diagrams Showing the Extent of Contamination
5.0 Ground Water Sampling and Analysis
5.1 Sampling Overview
5.1.1 Number of Wells
5.1.2 Surveyed Well Locations
5.1.3 Well Placement
5.1.4 Well Depth and Screened Interval
5.1.5 Well System Justification

Page 1


ii. Subject Matter Expertise:

« Environmental science and engineering
including, but not limited to, the following
disciplines: hazardous site remediation,
toxicology, risk assessment, chemistry, geology,
hydrogeology, asbestos, hazardous materials
management, and industrial hygiene. Regulatory
expertise also shall be required

* 5 years of experience in conducting Phase Two
and Phase Three EDDA'’s, or related activities.

(2) Project Manager Experience.
i. Years: 10

ii. Subject Matter Expertise: Environmental
Sciences

iii. Degree: M.S. or Ph.D.

iv. Professional Affiliations: Professional
Engineer’s or Geologist’s Registration

y. Phase Two/Three Experience: 4 years of
experience within the last 6 years.

(3) Team Member Experience.
i. Years: 5

ii. Subject Matter Expertise: Environmental
Sciences

iii. Degree: M.S. or B.S. with 3 years of
experience

iv. Professional Affiliations: Professional
Engineer’s or Geologist’s Registration preferred, but not
necessary

y. Phase Two/Three Experience: 2 years of
experience within the last 3 years.

(4) Indemnification, Insurance, and Bonding.
Insurance and bonding are highly dependent upon the nature
and scope of the work to be performed. It is therefore not
practical to provide specific levels of coverage. Generally, the
contractor shall:

e Be willing to indemnify the FAA for the results
of its professional and other negligence

« Possess adequate bonding, including bid
bonding, performance bonding, and payment
bonding

* Carry limits of errors and omissions insurance
© Carry limits of general liability insurance

¢ Carry workers compensation insurance

1050.19
Appendix 5

¢ Provide certificates of insurance (evidencing
coverage) for each of the coverages.

(5) Conflicts of Interest. Consultants shall not
have greater than 50 percent of their work coming from
developers or real estate leasing groups, the Environmental
Protection Agency, or State environmental agencies.

(6) Report Quality.

i. Report experience should show a similar
approach to conducting Phase Two and Three EDDA’s as
outlined in the FAA protocol.

ii, Reports should be readable and
comprehensible by the lay person.

iii. Reports should explain all conclusions
and explain the relevancy and implication of findings to the
FAA. Regulatory and some legal issues also should be
explained.

(7) Size of the Firm. The contractor shall have
demonstrated capabilities to adequately staff and conduct two
Phase Two EDDA’s and one Phase Three EDDA concurrently
in different areas of the same FAA region.

(8) Client Experience. The contractor shall have
some experience in working with Government agencies,
although it does not need to be 100 percent of their experience.

(9) Location. While the primary contractor shall be
easily accessible to the FAA group reviewing the Phase Two
and Three EDDA reports, to minimize costs, the contractor
shall also have staff in the areas likely to be the location of
cleanup activities.

(10) Information Protection. The
contractor shall have in place a program for ensuring the
confidentiality of information provided by the Government.
Elements shall include specific standards for labeling
information as proprietary and policies for protection of the
information, including disciplinary procedures for employees
found infringing upon the policy. The contract between the
FAA and the contractor must provide that the contractor shall
not disclose information obtained from the FAA or related to
its relationship with the FAA to third parties without the
express consent of the FAA.

(11) Cost. Cost shall be reasonable and within the
prevailing rates charged by similarly situated contractors.

(12) Minority/Woman-Owned Business. The
FAA, as well as other Federal agencies, are committed to
hiring minority or woman-owned businesses, where all
technical qualifications are met.

c. Evaluation and Balancing. The following factors
shall be considered:

Page 3


8/22/94

1950.19

Appendix 8
Soil Remediation

Contaminant Class Mark With An 'x' Those That Apply
Halogenated Hydrocarbons
Semi-Volatile Organic Compounds
Volatile Organic Compounds
Metals & Inorganics

Remediation Method (choose only one!) Cost Per Cubic Yard
Fixation/Stabilization/Solidification $325
Incineration/Thermal Treatment $850
Containment/Capping/Slurry Wall $175
Excavation and Off-site Disposal $450
Bioremediation $375
Soil Venting $450
Soil Washing $450
Dehalogenation $500

Volume Of Material To Be Treated (in cubic yards)

Potential Conflicts

Cannot Burn Metals

Soil Remediation Cost

Page 2

Fixation/Stabilization/Solidification

Incineration/Thermal Treatment $68,000

Containment/Capping/Slurry Wall
Excavation and Off-site Disposal
Bioremediation

Soil Venting

Soil Washing

Dehalogenation






1050.19
Appendix 11

8/22/94

CALIFORNIA
Referrals re: HW SW issues
(916) 332-0476 (916) 255-2433

Office of Public & Government Liaison David Otsubo

COLORADO
Referrals re. HW and SW

(303) 692-3320

Public Assistance

CONNECTICUT

Referrals re: SW Referrals re: HW.

SW mailing HW mailing

(203) 566-5847 (203) 566-5369

Charles Atkins Bet Flores

Supervising Sanitary Engineer Assistant Director

Solid Waste Program Waste Engineering and Enforcement

Waste Engineering and Enforcement
Bureau of Waste Management
Department of Environmental
Protection

165 Capitol Ave.

Hartford, CT 06106

Bureau of Waste Management
Department of Environmental
Protection

165 Capitol Ave.

Hartford, CT 06106



1050.19 8/22/94
Appendix 11

STATE HAZARDOUS AND SOLID WASTE CONTACTS q
ALABAMA
SW issues HW issues
SW mailing
(205) 271-7771 (205) 271-7726
Russel A. Kelly Steve Jenkins
Chief Chief -
Solid Waste Branch RCRA Compliance Branch
Land Division Department of Environmental

Management ~

Alabama Department of
Environmental Management

1751 Congressman W. L. Dickinson Dr.
Montgomery, AL 36130

ALASKA

SW issues HW issues

SW mailing

(907) 465-5150 (907) 465-5150

Glenn Miller Heather Stockard

Program Manager Chief

Solid and Hazardous Waste Solid and Hazardous Waste

Management Section Management Section
Division of Environmental Quality Division of Environmental Quality

Department of Environmental Department of Environmental t
Conservation Conservation

410 Wiloughby Ave., Suite 105 410 Willoughby Ave., Suite 105

Juneau, AK 99801-1795 Juneau, AK 99801 - 1795

Page 2


1050.19 8/22/94

Appendix 11

IOWA

SW issues, SW mailing
Note: Iowa does not have HW program

(615) 281-4968

Lavoy Haage

Supervisor

Environmental Protection Division
Department of Natural Resources
900 E. Grand Ave., Henry Wallace
Building

Des Moines, IA 50319-0034

KANSAS

HW issues SW issue

HW mailing SW mailing

(913) 296-1608 (913) 296-1603

John Mitchell Tom Gross

Chief Chief

Hazardous Waste Section Solid Waste Section

Waste Management Bureau Waste Management Bureau
Kansas Department of Health and Kansas Department of Health and
Environment Environment

Forbes Field, Building 740 Forbes Field, Building 740
Topeka, KS 66620-0001 Topeka, KS 66620-0001
KENTUCKY

HW and SW issues

(502) 564-6716

Kay Hubbard

Division of Waste Management

Kentucky Department of

Environmental Protection

Dana


Air and Waste Management Division
Department of Environmental Quality

1050.19 8/22/94
Appendix 11

MONTANA

SW issues HW issues

SW mailing HW mailing

(406) 444-1430 (406) 444-1430

Jon Dillard Don Vidrine

Manager Program Manager

Solid Waste Program Hazardous Waste Program

Solid and Hazardous Waste Bureau Solid and Hazardous Waste Bureau

Department of Health and Department of Health and

Environmental Sciences Environmental Sciences

Cogswell Building Cogswell Building

Helena, MT 59620 Helena, MT 59620

NEBRASKA

Referrals re: HW SW issues

(402) 471-4210 (402) 471-4210

Hazardous Waste Section Kelly Danielson

Integrated Waste Management Section
Air and Waste Management Division
Department of Environmental Quality

NEVADA

SW issues HW issues

SW mailing HW mailing

(702) 687-5872 (702) 687-5872

David Emme Colleen Cripps

Solid Waste Supervisor Waste Management Bureau

Waste Management Bureau

Division of Environmental Protection
Department of Conservation and
Natural Resources

333 W. Nye Lane

Carson City, NV 89710

Page 12

Division of Environmental Protection
Department of Conservation and
Natural Resources

333 W. Nye Lane

Carson City, NV 89710


@ : , @ , -

8/22/94

1050.19
Appendix 10

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Page 2




1050.19

Appendix 7

SECTION

TABLE OF CONTENTS

DESCRIPTION

8/22/94

PAGE

Page 2

5.3

54

6.0

6.1

6.2

6.3
7.0

5.1.6 Analytical Parameters Including Justification
5.2. Sampling Methods
5.2.1 Well Drilling Methods

a
b.
c.
d.

e.

Screening Data in Cuttings/Soil Samples
Drilling Logs

Well Construction Description and Diagrams
Well Development Methods

Well Stabilization Period

5.2.2. Sampling Methods and Procedures

a.
b.

c

Sampling Rationale
Field Testing Results
Sampling Frequency

Analytical Methods

5.3.1 Analytical Parameters Including EPA Method Number and Detection Limit

5.3.2 Name and Certification of Laboratory

Results

5.4.1 Data Presentation Including Tables

5.4.2 Notation of Results Above Applicable Standards

5.4.3. Maps and Diagrams Showing the Potentiometric Surface Extent of Contamination

Other Sampling and Analysis

Building Interiors

6.1.1 Sampling Overview
6.1.2 Sampling Methods
6.1.3. Analytical Methods
6.1.4 Results

Surface Water

6.2.1 Sampling Overview
6.2.2. Sampling Methods
6.2.3. Analytical Methods
6.2.4 Results

Other Field Activities

Findings, Conclusions, and Recommendations

t


8/22/94

WYOMING

HW and SW issues

1050.19
Appendix 11

(307) 777-7752

Carl Anderson

Supervisor

Solid and Hazardous Waste Division
Wyoming Department of
Environmental Quality

*U.S. GOVERNMENT PRINTING OFFICE:1994-387-554/25740

Page 21


8/22/94

1050.19

TABLE OF CONTENTS

CHAPTER 1. GENERAL REQUIREMENTS

1
2.
3.
4.
5.
6.
7.
8
9.-

19. Reserved...

Purpose....
Distribution ..
Definitions
Roles and Responsibilities
Program Implementation
Qualification and Training for FAA Personnel
Authority to Change this Order...
Funding and Budget Request Procedures.

ADADAWH-——

CHAPTER 2. ENVIRONMENTAL DUE DILIGENCE AUDIT OVERVIEW

24.

- 25. Reserved...

General......

Phase One EDDA 21
Phase Two EDDA, 21
Phase Three EDDA: 21

CHAPTER 3. PHASE ONE EDDA’S

35.-

General.......
Phase One EDDA
Report Preparation
Results Interpretation
Contractor Specifications
39. Reserved ...

CHAPTER 4. PHASE TWO EDDA OVERSIGHT

40.
41,
42,
43,
44,

- 49. Reserved

General.......
Phase Two EDDA Process ..
Field Sample and Analytical Results Review
Phase Two Report Review ..

CHAPTER 5. PHASE THREE EDDA OVERSIGHT

50.
Si.
52.

53. -

General......
Risk Assessment Methodolog
Remediation Cost Model
59. Reserved.......



8/22/94

1050.19
Appendix 5

APPENDIX 5. CONTRACTOR SPECIFICATIONS

This appendix contains the minimum specifications that must be met by any contractor selected to perform EDDA’s for FAA

property transfers.

This appendix contains the minimum specifications that must
be met by any contractor selected to perform Phase One
EDDA’s for FAA property transfers. Also included are
general specifications for firms selected to perform
Phase Two and Three EDDA’s. More specific procurement
requirements for Phase Two and Three EDDA’s were not
developed, as these criteria are highly dependent upon the
scope of the actual work to be performed. Following these
specifications is a sample Phase One EDDA contract from the
Great Lakes Region (AGL).

1. Phase One EDDA Contractor Procurement
Specifications

a, General. When selecting a contractor to assist the
FAA in performing Phase One EDDA’s, the service initiating
the EDDA shall consider the following general practices:

« An explicit scope of work shall be included as
part of the request for proposals (RFP) and
contract.

* Interviews shall be conducted with the
contractors who meet the standard RfP criteria
(including the specific individuals who will be
doing the work).

« A standard work product shall be reviewed as
part of the proposal process .

« All professional references shall be thoroughly
verified.

b. Criteria. The following specific criteria shall be used
to evaluate the potential Phase One contractors.

(1) Firm Experience.
i. Years: 3 (total, all activities)
ii. Subject Matter Expertise:

+ Environmental science and engineering
including the following disciplines: geology,
asbestos, hazardous materials management, and
hydrogeology. Regulatory expertise also shall be
required.

« 2 years of experience in doing Phase One
EDDA’s.

* Capability to perform Phase Two EDDA’s.
Requires disciplines such as toxicology,
industrial hygiene, chemistry/risk assessment,
and 3 years experience in conducting Phase Two
EDDA’s.

(2) Project Manager Experience.
i. Years: 5

ii, Subject Matter Expertise: Environmental
Sciences

iii. Degree: M.S. or Ph.D.

iv. Professional Affiliations: Professional
Engineer’s or Geologist’s Registration

y. Phase One Experience: 2 years of
experience, within the last 5 years.

(3) Team Member Experience.
i. Years: 3

ii. Subject Matter Expertise: Environmental
Sciences

iii. Degree: MLS. or B.S.

iv. Professional Affiliations: Professional
Engineer’s or Geologist’s Registration preferred, but not
necessary

y.Phase One Experience: 2 years of
experience, within the last 3 years.

(4) Indemnification and Insurance. The

contractor shall:

i. Be willing to indemnify the FAA for the
results of its professional and other negligence.

ii. Posseses a minimum limitation of liability
to $1 million.

iii. Carry limits of errors and omissions
insurance of at least $1 million.

iv. Carry limits of general liability insurance
of at least $1 million.

y. Carry workers compensation insurance.

vi. Provide certificates of insurance
(evidencing coverage) for each of the coverages.

(5) Conflicts of Interest. Consultants shall not
have greater than 50 percent of their work coming from
developers or real estate leasing groups, the Environmental
Protection Agency, or State environmental agencies.

Page 1


8/22/94

1050.19

CHAPTER 5. PHASE THREE EDDA OVERSIGHT

50. GENERAL. If the sampling and analysis activities
performed during the Phase Two EDDA reveal the presence
of hazardous waste contamination above allowable limits,
and an alternative property could not be identified for
acquisition, then a Phase Three EDDA will be necessary.
The purpose of the Phase Three EDDA is to quantify and
characterize the extent of contamination at the site and shall
consist of a full site investigation (remedial investigation)
and selection of an appropriate remedy (feasibility study).
This chapter will provide direction on proper risk
assessment oversight during the remedial investigation and
remediation selection. For a more detailed explanation of
the risk assessment methodology discussed in this chapter,
refer to EPA’s Risk Assessment Guidance For Superfund
(RAGS).

51. RISK ASSESSMENT METHODOLOGY.

a. Risk assessments are performed to provide a
framework for developing the information necessary to
assist decisionmaking at remedial sites. Specific objectives
of the process are to:

(1) Provide an analysis of risks when no remedial
action is performed and help determine the need for action
ata site.

(2) Provide a basis for determining levels of
chemicals that can remain onsite and still be adequately
protective of human health.

(3) Provide a basis for comparing potential
health impacts of various remedial alternatives.

(4) Provide a consistent process for evaluating
and documenting public health threats at sites.

The risk assessment process can be generalized into three
broad areas which are the exposure assessment, toxicity
assessment, and risk characterization. Each of these topics,
as well as remedial design goal development, will be
discussed below.

b. An exposure assessment is performed to
determine the type and magnitude of exposure to chemicals
of potential concern. While overseeing the exposure
assessment for completeness, the reviewer shall ensure that:

(1) The physical environment at the site, such as
climate, meteorology, geologic setting, soil type, ground
water hydrology, and location and description of surface
water are characterized correctly.

(2) All potentially exposed populations are
identified. This will include an analysis of present
populations and potential future populations. For example,

Par 50

a site used for industrial activity would not have to account
for residential use under the current scenario. However, if
it is possible that the site could be used for residential
purposes, then this scenario must be examined as a potential
future scenario.

(3) Explanations are provided for eliminating
exposure pathways (e.g., at a site where ground water is
contaminated but not used for human consumption, the
ground water ingestion pathway shall be eliminated for the
present use scenario). An explanation also shall be provided
for each pathway that is included in the analysis (e.g., at a
site with access to contaminated soil, the soil ingestion
pathway shall be included in the analysis).

(4) All exposure calculations are performed
correctly and in accordance with RAGS. Exposure
assessment intake values shall be compared with values
found in RAGS, Office of Solid Waste and Emergency
Response (OSWER) Directive 9285.6-03, or the Exposure
Factors Handbook (EPA/600/8-89/043).

c. The purpose of the toxicity assessment is to weigh
the available evidence regarding the potential for particular
contaminants to cause adverse human health and
environmental effects and to provide, where possible, an
estimate of the relationship between the extent of exposure
to a contaminant and the increased likelihood and/or
severity of adverse effects. Both carcinogenic and
non-carcinogenic effects shall be described clearly.

d. The sources of toxicity information for each
contaminant of concern must be clearly stated.
Additionally, EPA has established a hierarchy of data
sources that must be adhered to. The primary source of
toxicity data shall be EPA’s Integrated Risk Information
System (IRIS). If IRIS does not contain the necessary
information, then EPA’s Health Effects Assessment
Summary Tables (HEAST) shall be reviewed. After the
HEAST, the order for reviewing data sources is: EPA
criteria documents, Agency for Toxic Substances and
Disease Registry (ATSDR) toxicological profiles, EPA’s
Environmental Criteria Assessment Office, and lastly, the
open literature.

e. The risk characterization combines the results of
the exposure and toxicity assessments, under a no-action
alternative, to quantify potential health hazards. Both
carcinogenic and non-carcinogenic risks must be
calculated, When reviewing the risk characterization, it is
important to ensure that all calculations are performed
correctly and in accordance with RAGS. Also, the reviewer
must examine whether pathways and health effects were

Page 51


8/22/94

1050.19
Appendix 3

APPENDIX 3. PHASE ONE EDDA PROTOCOL

1. General.

The FAA protocol has been compared to other protocol,
including the one established by ASTM. The FAA protocol
was found to be more complete than the ASTM protocol and
includes such areas as asbestos, radon, and sensitive
environmental areas, which are not found in the ASTM
protocol. Until the ASTM protocol is as complete as the FAA
protocol, it should not be used, unless supplemented by the
applicable sections of the FAA protocol.

2. Primer on Environmental Issues

a. Inspection Observations. This part of the
Phase One EDDA is intended to identify obvious signs
of current or potential contamination. Many hazardous
materials will cause staining of soils or other surfaces and
may destroy vegetation, such as grass or plants. The
presence of drums may be an indication of hazardous
waste contamination. If drums are present and not
labeled, do not attempt to open the drums or look inside
them. Try to identify the contents of the drums from the
site owner/operator, site personnel, or by reviewing any
Material Safety Data Sheets (MSDS) that are on file.

b. Underground Storage Tanks. Leaking
underground storage tanks (UST) used to store petroleum
products or other hazardous substances present a hazard
to the environment. Types of hazards include soil and
ground water contamination and migration of released
product into utility conduits or basements of nearby
structures. The risks to humans include exposure to toxic
fumes or contaminated drinking water. In addition,
flammable materials migrating to conduits or basements
present a risk of fire or explosion.

c. Aboveground Storage Tanks. The hazards posed
by aboveground storage tanks (AST) are similar to those
of UST’s. All tanks not classified as UST are AST. AST’s
can serve a variety of functions, such as portable tanks
used on construction sites, fiberglass tanks used in
chemical processing operations, and large cylindrical
steel tanks used at oil refineries.

A leaking AST used to store a petroleum product or other
hazardous substance presents a risk of contaminating
surface soils and surface waters, as well as ground water
if a leak or spill goes undetected. An AST also poses a
fire/explosion hazard if it contains flammable,
combustible, or reactive materials.

d, Waste Handling Practices. The term hazardous
substance refers to a wide range of chemical, radioactive,
and biological substances or materials. These substances

pose environmental, health, and safety risks due to
specific characteristics related to the material such as
flammability, combustibility, corrosivity, toxicity,
reactivity, or explosivity. Hazardous materials have the
potential to cause contamination to a property or its
surroundings should they be released into the
environment. In addition, the improper disposal of
hazardous substances may result in contamination of
soil, ground water, or surface water at the disposal
location. This contamination can pose hazards to
humans, vegetation, and wildlife as a result of either
direct exposure to the hazardous substances or indirect
exposure from contaminated soils or drinking water
supplies.

Hazardous substances include a wide variety of materials
ranging from household products to chemicals used in
specific industrial processes. Hazardous substances may
include the following: detergents, solvents, paints and
allied products, petroleum products, agricultural
chemicals, biological products, and equipment
containing hazardous substances. Other hazardous
substances may include pharmaceutical drugs,
compressed gases, pigments and dyes, plasticizers,
printing ink, boiler and heat insulating compounds, water
treating and proofing compounds, and fire extinguishing
media.

e. Polychlorinated Biphenyls. Polychlorinated
biphenyls (PCB) belong to a broad family of organic
chemicals known as chlorinated hydrocarbons. Virtually
all PCB’s in existence today have been synthetically
manufactured. PCB’s have been primarily used in
electrical equipment, but also were included in hydraulic
systems and oil filled heat transfer systems. PCB’s are
deleterious, once released into the environment they do
not break down into harmless chemical substances. It is
known that PCB’s cause chloracne, a painful, disfiguring
skin illness. Evidence suggests that PCB’s may also be
carcinogenic and tetratogenic (fetus damaging), and EPA
has determined that PCB contamination may pose a
public health concern.

f. Asbestos. Asbestos is a naturally occurring mineral
used since ancient times for a variety of purposes. This
mineral occurs as a strong fiber with characteristics for
heat insulation, sound insulation, and fire resistance.
Over 3,000 different uses have been developed for
asbestos, including building materials, which have been
extensively used in the United States since the
mid-1900’s.

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8/22/94 1050.19
Appendix 1

APPENDIX 1. REFERENCES TO HAZARDOUS SUBSTANCE LISTS*

I, CERCLA Section 101(14), 40 CFR 302.4

SARA (EPCRA) Extremely Hazardous Substances 40 CFR Part 355 Appendix A
SARA (EPCRA) Toxic Chemicals 40 CFR 372.65

Clean Air Act Hazardous Air Pollutants (HAPs)

Clean Air Act Section 112(r) Congressional selection list

Clean Air Act Section 112(r) Draft proposed rule list

Clean Air Act Section 112(r) Substances by source

Sena ws YN

Resource Conservation and Recovery Act (40 CFR 261)

*Note: These lists are continually updated and new lists may have been created since the distribution of the order.

Page 1


1050.19
Appendix 5

(6) Report Quality.

i. Report experience should show a similar
approach to conducting Phase One EDDA’s as outlined in the
FAA protocol.

ii. Reports should be readable and
comprehensible by the lay person.

iii. Reports should explain all conclusions
and explain the relevancy and implication of findings to the
FAA. Regulatory and some legal issues also should be
explained.

(7) Size of the Firm. The contractor shall have in
place adequate staff to conduct three EDDA’s concurrently in
different areas of the region, at the same time it is conducting
a Phase Two EDDA. It is anticipated that each Phase One
EDDA will require 1.5 junior staff and 1 senior/project
management staff during the course of the Phase One EDDA.

(8) Client Experience. The contractor shall have
some experience in working with Government agencies,
although it does not need to be 100 percent of its experience.

(9) Location. While the primary contractor shall be
easily accessible to the group reviewing the Phase One
EDDA, to minimize costs, the contractor shall also have staff
in the areas likely to be the locations of properties to be
acquired or disposed.

(10) Information Protection. The contractor shall
have in place a program for ensuring the confidentiality of
information provided by the Government. Elements shall
include specific standards for labeling information as
proprietary and policies for protection of the information,
including disciplinary procedures for employees found
infringing upon the policy. The contract between the FAA and
the contractor must provide that the contractor shall not
disclose information obtained from the FAA or related to its
relationship with the FAA to third parties without the express
consent of the FAA.

(11) Cost. Cost shall be reasonable and within the
prevailing rates charged by similarly situated contractors.

(12) Minority/Woman-Owned Business. The
FAA, as well as other Federal agencies, are committed to
hiring minority or woman-owned businesses, where all
technical qualifications are met.

c. Evaluation and Balancing. The following factors
shall be considered:

(1) Primary Criteria.

i. Firm and individual consultant experience
(years)

Page 2

8/22/94

ii, Firm and individual consultant expertise
(education, work experience)

iii. Insurance and indemnification

iv. Report quality
y. Conflict of interest.
(2) Secondary Criteria.
i. Location
ii, Size
iii. Confidentiality and document retention
Programs.
(3) Additional Criteria to be Considered.
i. Use of subcontractors
ii. Formal quality control programs
iii. Cost
iv. Minority/woman-owned business status.

2. Phase Two And Three EDDA Contractor Procurement
Specifications.

a. General. Phase Two and Three EDDA’s are
considerably site-specific. Therefore, it is impracticable to
prepare specific, minimum contractor specifications for the
conduct of these activities, However, like the procurement
process for Phase One EDDA’s, when selecting a contractor
to assist the FAA in performing Phase Two or Three EDDA’s,
the service initiating the EDDA shall consider the following
general requirements:

¢ An explicit scope of work shall be included as
part of the request for proposals (RFP) and
contract.

¢ Interviews shall be conducted with the
contractors who meet the standard RFP criteria
(including the specific individuals who will be
doing the work).

¢ A recent work product on a related activity shall
be reviewed as part of the proposal process.

¢ All professional references shall be thoroughly
verified.

b. Criteria. As stated in paragraph 1 above, the
site-specific nature of the Phase Two and Three EDDA’s
precludes the issuance of detailed procurement specifications.
The following general criteria shall be used when evaluating
the potential Phase Two and Three EDDA contractors.

(1) Firm Experience.

i. Years: 10 (total, all activities)

eo




1050.19
Appendix 11

Dane

MARYLAND

HW and SW issues

8/22/94

(410) 631-3318

Gail Castleman

Maryland Department of the
Environment

MASSACHUSETTS

SW issues

HW issues

(617) 292-5983

Jim Roberts

Division of Solid Waste
Department of Environmental
Protection

MICHIGAN

HW and SW issues

(617) 556-1906 /292-5587

James Patterson/Nancy Wrenn
Hazardous Waste Division
Department of Environmental
Protection

HW and SW mailing

(517) 373-9523

Ken Burda
Manager

Hazardous Waste Permit Section

Waste Management Division

Department of Natural Resources

608 W. Allegan, 1st Floor
Lansing, MI 48933

mn


1050.19

c. The Office of the Chief Counsel shall be
responsible for reviewing the order for sufficiency for
compliance with CERCLA, as amended by SARA, and
applicable real estate law. Chief Counsel shall provide legal
counsel, assistance, and review for headquarters staff and
assistant chief counsel for each region and center for
accomplishing agency environmental and hazardous
materials programs.

d. Assistant Chief Counsels in regions and
centers shall provide legal counsel, assistance, and review
in the conduct of regional environmental and hazardous
materials programs. All EDDA reports shall be cleared
through this office.

e. Assistant Administrator for Budget and
Accounting shall ensure that adequate funding is
available for the EDDA program in the budget outyears.
ABA shall ensure that the program offices consider these
requirements in their budget submittals in the annual call
for estimates.

f. The Office of Budget shall use this order as the
basis for supporting issues in the annual call for estimates
related to additional costs required for environmental issues
in the acquisition and disposal of real property. In justifying
the budget to Congress, ABU shall consider these
additional costs. ABU shall consult with APO for direction
on performing cost benefit analyses.

g. Assistant Administrator for Human Resource
Management shall incorporate EDDA training
requirements in the individual development plans for all
affected personnel.

hb. Office of Training and Higher Education
shall ensure that FAA training is updated to include
instruction on EDDA’s for real property acquisition,
disposal, and transfer.

i, Assistant Administrator for Airports shall
provide guidance to airport authorities in the conduct of
EDDA’s. For any airport expansion or, construction, the
airport authority should conduct EDDA’s in conjunction
with NEPA assessments.

j. Office of Airport Planning and Programming
shall develop an item in the airport grants program that will
support the conduct of EDDA’s by airport sponsors under
the Airport and Airway Improvement Act on which
facilities will be established, either by the FAA or that the
FAA ultimately will operate. The requirement to conduct
EDDA’s will not apply where these responsibilities are
otherwise specified in the contract provisions between the
FAA and the airport authority. Note: The FAA Real
Property Branch, Office of the Chief Counsel, and the
Office of Environment and Energy have developed specific
language for this purpose.

Page 4

8/22/94

k. Executive Director for System Development
shall include in the planning of its national programs the
additional time and funds for the accomplishment of the
EDDA and real property acquisition as well as the time and
funds for any EDDA necessary for the property disposal as
aresult of new facility establishments.

1. Associate Administrator for NAS
Development shall anticipate the impact of this order on
the design and deployment of new systems and shall include
in the planning of its national programs the additional time
and funds for the accomplichment of the EDDA and real
property acquisition as well as the time and funds for any
EDDA necessary for the property disposal as a result of new
facility establishments.

m. Associate Administrator for Contracting and
Quality Assurance shall be responsible for developing
contract language based on the contractor specifications
provided in this order and for quality assurance standards
to ensure that EDDA contractors meet the minimum
requirements.

n. Real Property Branch shall provide oversight
and guidance to the regional real estate branches in all
environmental matters that affect the acquisition,
management, and disposal of real property in accordance
with this order and any present and future statutory,
environmental requirements.

o, Executive Director for System Operations
shall decide on whether to acquire or lease property that is
environmentally contaminated in exvess of $20 million in
cleanup costs. This decision shall be based on the value of
the property to the FAA mission as compared to the cost of
the cleanup and whether an acceptable alternative site can
be located. AXO shall consult with APO for direction on
performing cost benefit analyses.

p. Associate Administrator for Airway Facilities
shall:

¢ ensure that EDDA’s are performed for lease or
purchase of real property for all airway facilities
(new sites, as well as conversions of existing
leased sites) and the disposal action when an
airway facility is decommissioned;

© ensure that, in the call for estimates, adequate
funding is requested for these activities;

© ensure that all regional Airway Facilities
divisions are provided resources and necessary
training to carry out the requirements of the
Federal environmental statutes and this order.
(AF trained personnel may conduct the Phase
One EDDA’s. Alternatively, using the contractor
requirements and specifications provided in
Appendix 5, the EDDA’s may be contracted to a

Par 4


8/22/94 1050.19
Appendix 4
APPENDIX 4. PHASE ONE EDDA REPORT
TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

1.0 Introduction

2.0 Site Location and Description

3.0 Site Ownership/Use

40

5.0

6.0
10

8.0

9.0
10.0
11.0

3.1. Site Ownership

3.2 Site Use - Historical

3.3 Site Use - Current

Site Inspection

4.1 Site Buildings

4.2 Site Grounds

4.3 Underground Storage Tanks

4.4 Aboveground Storage Tanks

4.5. Transformers

4.6 Asbestos

Records Review

5.1 Federal Records

5.2 State Records

5.3 Local Records

Neighboring Properties

Hazardous Materials/Waste Management
7.1 Hazardous Waste Generation, Storage, and Disposal Practices
7.2. Hazardous/Regulated Materials Management
7.3, Non-Hazardous Waste Management
Sensitive Environmental Areas

8.1 Wetlands

8.2 Historic Value

8.3 Recreational Land Use

Supplemental Information/Previous Studies
Conclusions and Recommendations
Limitations

Appendix __ Site Location Map

Appendix __ Site Plan

Appendix __ Site Ownership Records

Page 1


8/22/94 1050.19
Appendix 11
SOUTH CAROLINA
SW issues HW issues
SW mailing HW mailing
(803) 734-5259 (803) 734-5173
William Culler, P.E. David Wilson, P.E.
Director Division of Hazardous and Infectious
Division of Solid Waste Management Waste Management
Department of Health and Department of Health and
Environmental Control Enviornmental Control
2600 Bull Street 2600 Bull Street

Columbia, SC 29201
SOUTH DAKOTA

Referrals re: HW and SW

Columbia, SC 29201

(605) 773-3153

Office of Waste Management
Department of Environment and

Natural Resources

TENNESSEE

Referrals re: HW SW issues

(615) 532-0780 (615) 532-0815

Hazardous Waste Division David Moses

Department of Environment and Solid Waste Management Unit

Conservation

Division of Solid Waste Management
Department of Environmental
Conservation

Page 17


8/22/94 1050.19

Appendix 11
rd VERMONT

SW issues HW issues
SW mailing
(802) 244-7831 (802) 244-8702
Edward Leonard Praminder Grewal/Sherry Kasten
Director Hazardous Waste Management
Solid Waste Management Division Division

~ Department of Environmental Department of Environmental
Conservation Conservation

. Agency of Natural Resources Agency of Natural Resources

103 S. Main Street, Laundry Building
Waterbury, VT 05671-0407

VIRGIN ISLANDS

HW and SW issues
HW and SW mailing
(809) 773-0565

r Benjamin Nazario
Director

Division of Environmental Protection
Department of Planning and Natural
Resources
Government of the Virgin Islands
Watergut Homes 1118

. Christiansted
St. Croix, VI 00820

4 VIRGINIA

Referrals re: HW and SW

(804) 225-2667
Waste Division

Virginia Department of Environmental

Quality

Page 19


1050.19 8/22/94

Appendix 11

WASHINGTON

Referrals re: HW SW issues

(206) 459-6318 (206) 459-6418

Shirley Levig Randy Martin

Solid and Hazardous Waste Program Solid and Hazardous Waste Program

Department of Ecology Department of Ecology v
WEST VIRGINIA .
HW and SW issues

(304) 759-0515

Brian Farkas

Solid Waste Management Section
Division of Enviornmental Protection
Department of Commerce, Labor and

Environmental Resources @
WISCONSIN

SW issues HW issues

SW mailing

(608) 266-0520 (608) 267-3531

Lakshimi Sridharan Al Matano °
Chief Hazardous Waste Management

Solid Waste Management Section Section r
Bureau of Solid and Hazardous Waste Bureau of Solid and Hazardous Waste

Management, SW-3 Management, SW-3

Department of Natural Resources Department of Natural Resources

101 South Webster Street

Madison, WI 53702

Page 20


1050.19
Appendix 3

which may impact on human health and the environment.
The local health department also should have information
regarding radon in the area of the site.

a. Asbestos

Engineer’s/Consultant’s Asbestos Reports and
Inspections. Surveys are conducted routinely for site
assessment and regulatory purposes. If these reports
have been prepared previously, a copy should be
obtained from the owner/operator of the property.

b. Hydrogeology

The United States Geological Survey
(USGS). The USGS maintains aerial photographs for
the United States, which may be useful in
determining past practices at the site. It also
maintains information concerning soil characteristics
and hydrogeology in a given area. The USGS is
located in Reston, Virginia.

© Aerial photographs of the subject property and
surrounding properties should be reviewed for the
last 50 years to verify site activities and the
activities at neighboring sites.

© The ground water and/or surface water flow at the
property should be determined.

© The depth to ground water at the property should
be determined.

c. Geology

The United States Department of Agriculture
(USDA). The USDA generates soil survey reports on
regional geology and soil types. The reports can be
used to characterize the property.

d. PCBs

Utility Transformer Records. Under
40 CFR 761.180, facilities that maintain large
transformers or capacitors that have a total capacity
in excess of 45 kilograms of PCB’s must maintain an
annual PCB log onsite. Additional records are
maintained by the EPA regional office.

e. Wetlands

(1) Town/County Planning or Zoning Office.
This office typically is located at a city hall.

© To ensure the property is not zoned for a
particular purpose, or that the property does
not have any historical or recreational value,
this office should be contacted.

Page 4

8.

8/22/94

(2) Wetlands Protection Hotline. If the property
appears to be a possible wetland, the Hotline
(800-832-7828) should be contacted.

(3) County Soil Survey Reports. These reports are
available through the county planning office or the
local soil conservation district.

(4) National Wetland Inventory Maps. These
maps are available from the EPA regional office.

f. Indoor Air

State Occupational Safety and Health
Administration (OSHA)/Federal OSHA or
County Health Department. These agencies can
provide information on any indoor air or other
health-related complaints that might be associated
with the property.

Site Physical Assessment.

The site owner/operator should be interviewed and the
following issues should be reviewed during a
walk-through of the site:

a, Hazardous Materials Usage/Releases
(1) What are the current uses of the property?

(2) What are the former uses of the property? Was
the site ever used for or by:

© Commercial tenants who handle hazardous
waste

© Military or industrial research
© Machinery repair

¢ Landscaping

© Mining/Quarrying

© Oil/Gas Extraction

© Manufacturing

e Agriculture

(3) Are hazardous substances disposed of onsite,
injected into ground water, or discharged into drains,
septic systems, ponds, or lagoons?

(4) Are there any ponds or collection pits onsite? If
so, what do they contain?

(5) Are any leaks, spills, or stains present on the
property or in any buildings?

(6) Are there signs of stressed vegetation (browned,
burned out ) or stained soil?


8/22/94

CHAPTER 1.

1, PURPOSE. This order establishes the Federal
Aviation Administration (FAA) policy, procedures and
responsibilities, and implementation guidelines for
performing environmental due diligence audits (EDDA) in
the acquisition and disposal of real property. The intent of
this order is to minimize the FAA’s environmental liabilities
described in the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as amended
by the Superfund Amendments and Reauthorization Act of
1986 (SARA).

2. DISTRIBUTION. This order is distributed to the
division level in Washington, with a branch level
distribution in the Offices of the Chief Counsel, Budget,
Training and Higher Education, and Airport Planning and
Programming; NAS Transition and Implementation
Service; to the division level in the regions, with a branch
level distribution in the Airway Facilities and Logistics
Division; to the office level at the Aeronautical Center and
division level at the FAA Technical Center; and a limited
distribution to all Airway Facilities Sector Offices and
Airports District Offices.

3. DEFINITIONS.

a. Aboveground Storage Tank (AST):
Aboveground storage tanks (ASTs) include all tanks not
classified as underground storage tanks; i.e., tanks and
associated piping that are more than 90 percent, by volume,
above ground.

b. Action Level: The quantity of contamination
necessary before further study, containment, cleanup, or
other action is initiated. The action level is determined by
several factors, including cost, available technology, and
potential effects.

c. Applicable or Relevant and Appropriate
Requirements (ARAR): ARAR’s are defined as follows:

(1) Applicable Requirements: Those cleanup
standards, standards of control, and other substantive
environmental protection requirements, criteria, or
limitations promulgated under Federal or State law that
specifically address a hazardous substance, pollutant,
contaminant, remedial action, location, or other
circumstance at a CERCLA site.

(2) Relevant and Appropriate Requirements:
Those cleanup standards, standards of control, and other
substantive environmental protection requirements,
criteria, or limitations promulgated under Federal or State
law that, while not applicable to a hazardous substance,
pollutant, contaminant, remedial action, location, or other
circumstance at a Comprehensive Environmental Response

Par1

1050.19

GENERAL REQUIREMENTS

Compensation and Liability Act (CERCLA) site, address
problems or situations sufficiently similar to those
encountered at the CERCLA site that their use is
well-suited to the particular site.

d. Asbestos Hazard Emergency Response Act
(AHERA): Among other things, the Act and
implementing regulations provide requirements for
accreditation of persons who inspect for asbestos, develop
management plans, and design, supervise, or conduct
response actions.

e. Carcinogen: A substance or condition which
increases the incidence of generally irreversible benign or
malignant tumors, reduces the latency period, or produces
unusual tumors in animals or humans.

f. Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA): Provides
funding and enforcement authority for cleaning up the
thousands of hazardous waste sites created in the United
States in the past and for responding to hazardous substance
spills, and imposes strict, joint and several liability for
environmental damage upon property owners and
operators. The Act provides a limited defense for innocent
landowners. (See 3(n) below)

g. Conversion: The acquisition (e.g., purchase) of
property currently leased by the FAA.

h. Environmental Due Diligence Audit (EDDA)
Program: A systematic program for conducting
investigations of real property transfers. The purpose of the
EDDA program is to help minimize environmental-related
liabilities associated with such transfers.

i. Exposure Assessment: The determination or
estimation (qualitative or quantitative) of the magnitude,
frequency, duration, and route of exposure.

j. Feasibility Study (FS): An analysis of remedial
alternatives based on nine evaluation criteria as outlined in
the National Oil and Hazardous Substances Contingency
Plan (NCP).

k. Federal Real Property Transfer Regulation
(40 CFR 373): The regulation that requires any
department, agency, or instrumentality of the United States
that wishes to transfer real property owned by the
United States, where hazardous substances were stored for
1 year or more and known to have been released, or
disposed of, to include in the contract, notice of the type
and quantity of hazardous substance and notice of the time
when storage, release, or disposal took place, to the extent
such information is available from a complete search of the

Page 1


1050.19

APPENDIX 1.
APPENDIX 2.
APPENDIX 3.
APPENDIX 4.
APPENDIX 5.
APPENDIX 6.
APPENDIX 7.

APPENDIX 8.

References To Hazardous Substance List
Regulatory Overview

Phase One EDDA Protocol

Phase One EDDA Report Table of Contents
Contractor Specifications

Sampling and Analysis Plan

Phase Two EDDA Report Table of Contents

Phase Three Cost Estimating Aid

APPENDIX 9. Treatment Technologies

APPENDIX 10. FAA EDDA Responsibilities

8/22/94


8/22/94

1050.19

CHAPTER 4. PHASE TWO EDDA OVERSIGHT

40. GENERAL. This chapter provides direction to FAA
project managers on the goals, management, and oversight
of Phase Two EDDA’s.

a. The purpose of the Phase Two EDDA is to confirm
whether property under consideration for acquisition and
disposal is contaminated as indicated by the Phase One
EDDA.

b. The Phase Two EDDA shall follow a Phase One
EDDA and shall only be conducted with the approval of the
division manager of the requesting organization.

c. The Phase Two EDDA shall be performed by a
contractor who meets the specifications described in
Appendix 5.

41. PHASE TWO EDDA PROCESS.

a. The Phase Two EDDA includes further
investigation of possible contamination discovered during
the Phase One EDDA, and will include on-site
environmental testing and laboratory analysis. The
Phase Two investigation may require extensive sampling
and may be conducted in several stages to obtain the
required information more effectively.

b. Types of Phase Two sampling include:

(1) Soil sampling determines if a release has had
an impact on site soil by assessing the most likely sources
of contamination.

(2) Ground water sampling determines if a
release has had an impact on site ground water. It often takes
place after, or in conjunction with, soil testing, although it
is not necessary to take ground water samples at each
location from which a soil sample is taken. (The decision
to sample ground water shall be based on factors such as
proximity of the potential contamination to ground water,
hydrogeology, and contaminant characteristics.) Ground
water sampling can be done through the installation of
ground water monitoring wells or through the use of a
hydropunch. All applicable environmental permits must be
obtained in accordance with the Underground Injection
Control (UIC) well program (40 CFR 144-149), as well as
applicable State requirements, prior to well installation, etc.
While less expensive, the samples obtained from a
hydropunch are not repeatable. Ground water monitoring
wells can become pathways for contaminants and as such
shall be formally closed and abandoned unless an ongoing
program of monitoring is contemplated.

Par 40

(3) Indoor air quality testing determines whether
any naturally occurring contaminants (such as bacteria) or
other contaminants used in the operations in the building
(such as chemicals) will harm the health of occupants of the
building.

(4) Drums and waste materials testing
determines whether drums or other waste materials found
or abandoned onsite have posed a threat to ground water or
soil; it is often performed in conjunction with soil and
ground water testing.

(5) Asbestos testing determines whether
buildings contain asbestos containing materials (ACM). All
asbestos sampling inspections must be conducted by an
Asbestos Hazard Emergency Response Act
(AHERA)-accredited asbestos inspector and work plans
must contain a health and safety plan.

(6) Underground tank testing determines
whether a tank (and associated piping) has leaked, or is
likely to leak, based on the age of the tank, tank construction
materials, containment used, any other methods of
protection (i.e., cathodic), and leak detection methods. Tank
testing also will help determine whether underground tanks
meet State and Federal requirements. Note: Pressure testing
shall not be used if the tank is known to, or suspected of,
containing some type of product.

c. The contractor shall be provided with a copy of the
Phase One EDDA report and all relevant appendices. Based
on the Phase One report and on the contractors expertise,
the Phase Two EDDA shall have the following elements:

(1) Sample and Analysis Plan Review
(Phase Two proposal). Sample and Analysis Plan elements
are found in Appendix 6.

(2) Field Sampling and Analytical Results
Review

(3) Phase Two Report Review.

42, FIELDSAMPLE AND ANALYTICAL RESULTS
REVIEW. The results of the sampling process shall be
evaluated as follows:

a. Determine whether the review was actually
carried out in accordance with the sampling and analytical
plan.

b. Ensure that there is consistency between samples
and the QA/QC samples (duplicates, split, spiked, and
blank samples).

c. Evaluate the field data for each sampling media
against the following criteria:

Page 41


8/22/94

aa. Quality Assurance/Quality Control
(QA/QC) Plan: A system of procedures, checks, audits,
and corrective actions to ensure that design and
performance, environmental monitoring and sampling, and
other technical and reporting activities are of the known,
acceptable, and documented quality.

bb. Real Property: Both things which are
permanent, fixed and immovable, as lands, and rights
arising out of, or connected with lands; and includes land
and whatever is affixed thereto, and rights arising out of, or
annexed to or exercisable within or about the land.

cc. Real Estate Contracting Office (RECO): The
only duly trained individual in the real estate acquisition
and/or disposal field who can negotiate for and commit the
Government to a contract for real property.

dd. Regional Program Manager for
Environment and Safety (RPMES): Airway Facilities
personnel in each FAA region who are the primary point of
contact for issues relating to environmental pollution and
employee health and safety.

ee. Reference Dose: The level below which an
individual exposed to a given chemical or substance would
not exhibit adverse effects.

ff. Remedial Investigation (RI): A study to
characterize the contamination at a site and to obtain
information needed to identify, evaluate, and select cleanup
alternatives.

gg. Remediation: The process of cleaning upasite
or controlling the hazardous nature of a site.

hh. Resource Conservation and Recovery Act
(RCRA): The regulation that provides “cradle-to-grave”
control of hazardous waste by imposing management
requirements on generators and transporters of hazardous
wastes and upon owners and operators of treatment,
storage, and disposal facilities (TSDF).

ii. Responsible Parties: May include present and
past owners or operators of a site.

jj. Solid Waste: Any garbage, refuse, sludge from
a waste treatment plant, water supply treatment plant, or air
pollution control facility, and other discarded material,
including solid, liquid, semisolid, or contained gaseous
materials resulting from industrial, commercial, mining,
and agricultural activities and from community activities.

kk. Superfund Amendments and
Reauthorization Act (SARA): The regulation that
authorizes EPA to draw upon two basic types of funding
resources: (1) the Superfund—the Federal trust fund; and
(2) responsible parties.

Par3

1050.19

Il. Technical Personnel: Individuals or an entity
managed or controlled by such individuals who, through
academic training, occupational experience, and reputation
(e.g., engineers, environmental consultants, attorneys), can
objectively conduct one or more aspects of a Phase One
EDDA.

mm. Toxicity: The degree of danger posed by a
substance to animal or plant life.

nn. Toxic Substances Control Act (TSCA): The
Act that provides EPA with the authority to require testing
of chemical substances, both new and old, entering the
environment and to regulate them where necessary.

oo. Treatment, Storage, and Disposal Facilities
(TSDF): The three management activities that require a
permit under RCRA.

pp. Underground Storage Tank (UST): Tanks,
including associated piping, that are more than 10 percent
below the ground surface.

qq. United States Geological Service (USGS):
A Government entity, within the Department of the Interior,
that maintains maps and studies of geologic conditions
throughout the United States. The USGS also maintains
aerial photographs of the United States.

rr. Wetlands: Areas that are temporarily or
permanently inundated by surface or ground water and
support vegetation adapted for life in saturated soil.

4. ROLES AND RESPONSIBILITIES. Compliance
with the policies of this order is the responsibility of the
following offices, services, regions, and centers (see
Appendix 10).

a. Office of Environment and Energy shall be
responsible for the overall review of FAA compliance with
the provisions of this order. AEE will be available to provide
assistance to offices, services, regions, and centers in
developing guidelines and procedures for their program
areas, interpreting policies established in this order, and
advising to responsible officials in FAA concerning
changes in environmental liability related to real property
transfer practices and environmental liability.

b. Office of Aviation Policy, Plans, and
Management Analysis shall ensure that all FAA
benefit-cost, cost effective, lease vs. purchase and related
analyses, as well as life cycle cost estimates are consistent
with generally accepted economic theory and analytical
practice. APO will include guidance on analyzing the cost
and benefit of FAA actions impacting the environment in
its issuance of general guidance in analyzing investments
and regulations.

Page 3


8/22/94 1050.19
Appendix 2

rd APPENDIX 2. REGULATORY OVERVIEW

1. CERCLA Requirements Applicable to the
Purchase or Lease of Property By the FAA.

2. CERCLA Requirements Applicable to the Sale or
Lease of Property From the FAA,

a. The United States Congress enacted the
Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) in 1980
to provide funding and enforcement authority for
cleaning up the thousands of hazardous waste sites
created in the United States in the past and for
responding to hazardous substance spills. In 1986,
Congress enacted significant revisions to CERCLA
through the Superfund Amendments and
Reauthorization Act (SARA).

b. CERCLA, as amended by SARA, authorizes the
United States Environmental Protection Agency (EPA)
to draw upon two basic types of funding resources: (1)
the Superfund—the Federal trust fund; and (2)
Responsible Parties. Responsible Parties may include
present and past owners or operators of the site.

c. In an attempt to address the issue to individuals or
groups who acquire property without prior knowledge
of contamination, Congress incorporated what is
known as the innocent landowner defense" into
CERCLA (sections 107(b)(3), 101(35)(A) and (B)).
The innocent landowner provision states that if a
landowner has not contributed to the contamination of
a property and has conducted all appropriate inquiry
into the previous ownership and uses of the property
consistent with good commercial or customary
practices in an effort to minimize liability, then the
landowner is exempt from CERCLA liability.

d. The definition of “all appropriate inquiry” fails to
address the one important fact that the science of
environmental due diligence audits (EDDA), or the
practice of inspecting a property to determine if
contamination is present, is not precise. No standard
procedure for EDDA’s currently exists.

e. As stated in 20(b), CERCLA defines a
“responsible party” as any present or past owner or
operator at the site. As such, an individual or
organization that leases property and acts as an
operator also may be held to the joint and several
liability clause under CERCLA and be required to
contribute to any or all of the site investigation and
cleanup.

f. The case law pertaining to CERCLA
sections 107(b)(3) and 101(35)(A) and (B) has
suggested that to invoke the innocent landowner
defense, it must be demonstrated that customary
practices were employed to investigate the site.

a. CERCLA contains specific requirements
applicable to the transfer of real property by Federal
agencies. Section 120(h) of CERCLA imposes certain
notice and covenant requirements on the sale, by
Federal agencies, of property where a hazardous
substance has been stored, released, or disposed.

b. In response to CERCLA section 120(h), EPA
promulgated regulations for the reporting of hazardous
substance activity when selling Federal real property
(40 CFR 373). The Federal Real Property Transfer
Regulation requires any department, agency, or
instrumentality of the United States that wishes to
transfer real property owned by the United States,
where hazardous substances were stored for 1 year or
more and known to have been released, or disposed of,
to include in the contract, notice of the type and
quantity of hazardous substance and notice of the time
when storage, release, or disposal took place. is
contingent upon the extent that such information is
available from a complete search of the agency files.

c. The Federal Real Property Transfer Regulation
does not address leases or easements, as these types of
contracts involve a complicated area of real property
law and may be affected by specific deed or lease terms
and by State common law.

d. Although the scope of the Federal Real Property
Transfer Act does not include leases or easements,
organizations that operated at a site that did not own
the property may still be liable under CERCLA
section 107(a).

e. The Community Environmental Response
Facilitation Act (CERFA) (PL-102-426) requires the
Federal Government, before termination of Federal
activities on any real property owned by the
Government, to identify real property where no
hazardous substance was stored, released, or disposed
of. The Act requires the deed of sale or transfer to
stipulate that the Federal Government will conduct any
remediation necessary.

Individual State Requirements.

a. A number of States impose environmental
requirements on the seller of real property where a
hazardous substance has been managed or released.
The requirements established by these States roughly
fall into four general categories:

Page 1


1050.19

ORDER

ENVIRONMENTAL DUE DILIGENCE AUDITS IN THE
CONDUCT OF FAA REAL PROPERTY TRANSACTIONS

August 22, 1994

U.S. DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION

Distribution: A-W-2; A-W(NS/SM/EE/SA/AM/BU)-3; Initiated By: AEE-20
A-X-2; A-X(AF/LG)-3; A-Y-2; A-Y(FS/DE)-3; A-FAF—O(LTD);
A-FAS-1(LTD); A-Z-2


La


1050.19

(3) proceed with the purchase of an existing
leased site after the EDDA is initiated, but not delay the
acquisition or exercising the right of eminent domain while
such audit is being performed;

(4) retain indefinitely the original, or an executed
copy of, the EDDA report and its approval/certification
with the real estate file.

5. PROGRAM IMPLEMENTATION. The offices
listed in paragraph 4 are responsible for carrying out the
requirements of this order as it applies to their functions.
Program implementation includes activities such as
training, coordination within the FAA, and procurement
requirements for contractor support.

6. QUALIFICATION AND TRAINING FOR FAA
PERSONNEL. Each of the offices in paragraph 4 shall be
responsible for ensuring that FAA personnel and managers
are adequately trained and qualified to oversee and manage
the EDDA process. They are responsible for ensuring that
only qualified contractors perform EDDA’s. (See
Appendix 5 for recommended contractor qualifications.)

a. FAA personnel performing EDDA’s should meet
the following:

(1) Have received at least 16 hours of EDDA
training and have conducted, participated in, or reviewed 5
or more EDDA’s; or

(2) Have a degree in a scientific discipline
relevant to the EDDA process (e.g., environmental science,
geology, chemistry, biology, forestry) and 16 hours of
EDDA training as described in (1) above.

b, All personnel who review Phase One reports must
meet the requirements for personnel performing EDDA’s
and any additional training determined necessary by the
Airway Facilities Program Manager for Environment and
Safety.

c. All personnel who provide oversight for
Phases Two and Three investigations shall meet the
requirements in (1) above and also have had the Contracting
Officer’s Technical Representative training.

d. Until the Office of Training and Higher Education
can develop an FAA EDDA course, out-of-agency training
may be utilized. Any EDDA training shall include
instructions on visual site inspections, record searches, and
site owner and personnel interviews.

Page 6 (thru 20)

8/22/94

e. The Hazardous Materials and Special Project Staff
(AEE-20) offers an EDDA training workshop and will
provide the workshop upon receipt of request with travel
funding from the requested organization.

f. Personnel trained for this responsibility should do
this as the primary function of their positions.

Note: This responsibility should not be viewed or undertaken
as a side line or an additional responsibility by a professional
whose primary focus is in another specialty.

7. AUTHORITY TO CHANGE THIS ORDER.

a, The Administrator reserves the authority to
approve changes which establish policy, delegate authority,
or assess responsibility.

b. The Director of Environment and Energy may
issue changes to this order for compliance with the latest
EDDA practices. The Office of Environment and Energy
(AEE) will advise the responsible FAA components of such
changes as soon as these changes are known.

ce. Changes proposed by an organizational element
within FAA must be submitted to AEE. AEE will oversee
the coordination of the change to the appropriate approval
authority and ensure final processing authority.

8 FUNDING AND BUDGET REQUEST
PROCEDURES.

a. All organizations affected by this order shall
immediately begin submission of a fiscal year budget item
for the management of all EDDA’s. The estimate shall cover
yearly costs for the conduct of all EDDA’s. It is the
responsibility of each region and center to submit a yearly
budget on the costs associated with these EDDAs, as
required in the Annual Call for Estimates-Facilities and
Equipment (F&E). The Office of Environment and Energy
Hazardous Materials and Special Projects Staff, AEE-20,
can be contacted for assistance in these budget estimates.

b. In order to facilitate implementation of the EDDA
program in the FAA, the Office of Environment and Energy
(AEE-20) is providing limited funding for the conduct of
EDDA’s during fiscal years 1993 and 1994, Organizations
can contact the Hazardous Materials and Special Projects
Staff (AEE-20) for funding assistance. All organizations
affected by this order shall reflect their budgetary needs in
the A-106 reporting software as a facility project.

9.-19. RESERVED.

Par 6


8/22/94

reputable firm that has and uses a registered
professional engineer in the performance of such
EDDA).

AAF approval shall be required prior to acquisition of any
property for new sites where environmental contamination
is found ranging from $1 million to $20 million in estimated
cleanup costs. This responsibility may not be redelegated.
This decision shall be based on the value of the property to
the FAA mission as compared to the cost of cleanup and
whether an acceptable alternative site can be located.
AAF-1 shall consult with APO for direction on performing
cost benefit analyses.

q. NAS Transition and Implementation Service
shall be responsible for development of procedures that will
incorporate the requirements of this order into the transition
and implementation of the NAS. The AF Program Manager
for Environment and Safety shall provide oversight and
guidance to AF regional program managers for
environment and safety in all matters of environment and
safety that affect the acquisition, management, and disposal
of real property under AF control. Requirements include
annual budget requirements for program implementation.

x. Regional Airway Facilities Division Managers
shall be responsible for the review, approval, and
certification of all EDDA reports required for acquisition
or disposal of an AF facility. The actual approval and
certification may not be redelegated. The AF division
manager shall make the decision on whether or not to
proceed to a Phase Two EDDA. He/she shall decide whether
to lease or purchase property that is environmentally
contaminated where the estimate for cleanup of
contamination does not exceed $1 million. This decision
shall be based on the value of the property to the FAA
mission as compared to the cost of the cleanup and whether
an acceptable alternative site can be located. These division
managers shall provide training to appropriate sector or
regional personnel in the conduct of EDDA’s and/or acquire
outside contractor services to ensure compliance with this
order. For this process, they shall consult with the Airway
Facilities Regional Program Manager for Environment and
Safety. These personnel shall consult with APO for
direction on performing cost benefit analyses.

s. FAA Technical Center Director and
Aeronautical Center Associate Administrator shall
ensure that EDDA’s are performed for the acquisition or
lease of all new property by their respective centers. They
shall ensure that, in the call for estimates, adequate funding
is requested for these activities. For this process, they shall
consult with the Program Managers for Environment and
Safety. FAA trained personnel may conduct these Phase
One EDDA’s or the EDDA’s may be contracted to a
reputable firm with a registered professional engineer. They
shall decide on whether or not to acquire or lease property

Par4

1050.19

that is environmentally contaminated. This decision shall
be based on the value of the property to the FAA mission
as compared to the cost of the cleanup and whether an
acceptable alternative site can be located. All property
acquisitions are approveable at the Center levei up to
$20 million. Above $20 million, the FAA Administrator
shall make the decision. These personnel shall consult with
APO for direction on performing cost benefit analyses.

t. Regional Administrators, Deputy Director for
the FAA Technical Center, and Deputy Associate
Administrator for the Aeronautical Center shall be
responsible for coordination of cross-divisional anc
cross-regional environmental matters and for overseeing
regional environmental activities. They shall be responsible
for coordinating the EDDA process in the regions and
ensuring effective cooperation between organizations
involved in the EDDA process. It shall be the responsibility
of the region/center to determine the method of training as
well as scheduling training for organizations other than
those straightlined to headquarters, such as AF, Air Traffic,
Airports, etc. These personnel shall consult with APO for
direction on performing cost benefit analyses.

u. Regional and Technical Center Logistics
Division Managers and the Aeronautical Center’s
Director of Acquisition shall ensure that contracting for
EDDA’s is provided in a timely manner and that such
contracts are in accordance with Federal and agency
contracting regulations and the guidance in this order. The
regional Logistics Division Manager is responsible for an
EDDA requirement and report necessary for any facility not
operated by, or to be under the control of, the regional AF
Division. Except for the approval and certification of the
EDDA, the regional Logistics Division Manager may
redelegate all actions to an appropriately trained individual.

y. Regional Acquisition Management Branch
shall provide timely contracting service to requisitioners of
EDDA contracts in accordance with established Federal
contracting regulations.

w. Regional Real Estate Branches shall:

(1) be available to participate in any FAA
in-house performance of an EDDA with regard to contact
and/or interviews with property owners, title searches, and
real estate appraisals in preparation for real property
acquisition and disposal;

(2) initiate formal negotiations for the
acquisition of new sites or disposal of real property only
after the EDDA process required by this order has been
accomplished and the appropriate certification provided;

Page 5


8/22/94 1050.19

Appendix 11
LOUISIANA

HW issues SW issues

(504) 765-0272 (504) 765-0249

Katheryne Laiuzza Thomas H. Patterson

Hazardous Waste Division Solid Waste Branch

- Office of Solid and Hazardous Waste —_Office of Solid and Hazardous Waste
Department of Environmental Quality Department of Environmental Quality
, MAINE

HW issues SW issues

(207) 287-2651 (207) 287-2651

Stacey Ladner Carol Sifrino

Division of Oil and Hazardous Division of Solid Waste Facilities

Materials Facilities Regulations Regulations

Bureau of Hazardous Materials and Bureau of Hazardous Materials and

Solid Waste Control Solid Waste Control

Department of Environment Protection Department of Environmental
Protection

MARIANA ISLANDS

. HW and SW issues
HW and SW mailing
[011] (670) 234-6114
4

Ignacio V. Cabrera

Environmental Specialist

Division of Environmental Quality

P.O. Box 1304

Saipan, MP 96950

Pane a




1050.19
Appendix 3

e

(2) Is any of the equipment leaking or damaged?
Asbestos

(1) When was each building onsite constructed?
Note any building constructed prior to 1987 may
contain asbestos.

(2) Has an asbestos survey ever been conducted? If
so, what were the results?

f. Pesticides

g

Page 6

(1) Are pesticides used, stored, or manufactured at
the site? Was the site used for agricultural purposes?

(2) Has there ever been a spill of pesticides at the
site?

Sensitive Environmental Areas

(1) Is the property located in an area designated as a
wetland?

(2) Are there any rivers, streams, springs, lakes, or
ponds located in the vicinity of the property?

h.

8/22/94

(3) Is the property designated as a wilderness area or
does it possess special natural features (e.g., caves)?

(4) Is the property subject to any zoning requirement
that may have an impact on its intended future use?

Radon

(Answer this question only if there are any enclosed
structures onsite, or if it is anticipated that such
structures will be built onsite).

(1) Is there any reason to suspect that radon may be
a concern in the locality in which the property is
located based upon contacts with local regulatory
agencies? If a radon screening was performed at the
property, obtain a copy of the report.

i. Indoor Air Quality

(1) During the walk-through inspection of any
buildings on the property, is there any indication that
indoor air quality has been compromised by any of
the activities conducted in the building, the materials
used, or the internal HVAC system?



8/22/94 1050.19
Appendix 9

r APPENDIX 9. TREATMENT TECHNOLOGIES

a. Soil, Sediment, and Debris Treatment (6) Soil Venting is a process of drawing air through
Technologies wells drilled into the soil and passing that air through

(1) Many technologies are available for the cleanup
of hazardous waste sites. These technologies,
described below, have been divided into categories
based on the method of treatment and the media the
technology treats. The following guidelines shall be
adhered to when reviewing the treatment selection
process.

(2) Incineration/Thermal Treatment uses heat to
concentrate or alter the composition of the
contamination. This method shall not be used to
destroy metal contaminated wastes. Incineration is
effective in treating organic wastes, but is expensive.

(3) Containment/Capping/Slurry Wall isolates the
wastes and prevents migration. This remedial
solution is not recommended because it does not
involve treatment or significant hazard reduction.

(4) Excavation and Off-site Disposal involves
digging up the contaminated material and
transporting it offsite for disposal in an approved
facility. Limited landfill capacity and the Resource
Conservation and Recovery Act (RCRA) Land
Disposal Restrictions have made this an increasingly
expensive option.

(5) Bioremediation uses microorganisms to
consume and render the waste less hazardous. The
process is limited by several factors, including time
and ineffectiveness against some wastes, including
metals. However, this technology is inexpensive and
gaining public acceptance.

a treatment system. The process shall only be used
for wastes contaminated with volatile organics. Soil
venting is inexpensive to install and very effective
when used in situations involving volatile organic
compounds.

(7) Soil Washing involves passing a washing
solution through contaminated soil or through
excavated material. The solution is then treated and
the excavated soil is returned to the excavation site.
This process is effective in treating most
contamination, but is expensive and time consuming
to install for small quantities.

(8) Dehalogenation is the process of passing
excavating material through a glycol solution to
render materials less hazardous. The solution is then
treated and the excavated soil is returned to the
excavation site. The process is only effective for
treating chlorinated hydrocarbons, such as pesticides
and herbicides. This technology is expensive and
time consuming.

b. Ground Water Treatment Technology

© Pump and Treatment of contaminated ground
water involves installing wells and pumps to
retrieve contaminated ground water, treating the
ground water (typically by air stripping and/or
carbon adsorption) and re-injection of the
de-contaminated ground water. This technology is
relatively expensive to implement.

Page 1


(7) Are there any unmarked drums or containers
onsite? If so, how many, are they covered, and what
do they contain? DO NOT open the drums or look
inside them. Look for a label or ask the property
owner or site contact.

(8) Is the site littered with refuse?

(9) What hazardous materials are used, treated, or
otherwise handled on site? Obtain Material Safety
Data Sheets (MSDS) for each. (These are documents
required by OSHA for each chemical used onsite.
The sheets are prepared by the chemical
manufacturer or importer and must include specific
information, including ingredients of 1% or more for
non-carcinogens and 0.1% or more for carcinogens,
known or suspected health risks, proper safety
precautions, proper disposal methods, and other
information to minimize health risks. As required by
OSHA, the MSDS’s should be readily available upon
request.)

(10) Has there been any history of hazardous or
municipal solid waste disposal onsite?

(11) Have there been any on-site or off-site releases?
(12) Are there any drinking water wells onsite?
(13) Are there any ground water monitoring wells
onsite?

Why were they installed? Obtain monitoring results
if available.

(14) Adjacent Property Usage

Whatare the present and former uses of the properties
within a 1-mile radius of the site? Check all that

apply:

© Commercial tenants who handle hazardous
waste

© Military or industrial research
© Machinery repair

© Landscaping

© Mining/Quarrying

© Oil/Gas Extraction

e Manufacturing

© Agriculture

b.

1050.19
Appendix 3

Underground Storage Tanks

(1) Are there any (operational, closed, or
abandoned) underground tanks onsite? If so, please
describe. Information should be available from your
on-site contact.

e Tank description, Age, Capacity, Contents

(2) Is there evidence of overfilling or spills near the
underground storage tank fill pipe?

(3) What types of leak protection and detection have
been installed? When was the tank last
tightness-tested? Did it fail its test?

(4) When was the associated piping last tested?

(5) Is each underground storage tank surrounded by
a form of containment?

(6) Have underground tanks been removed from the
property? Was the tank removal approved by the
appropriate State environmental agency? When were
they removed? What were the contents of the tanks?
Obtain copies of documentation on tank removal.

(7) If the owner/operator does not believe there are
any tanks onsite, has a qualified engineer performed
a survey that indicates that the property is free of
underground storage tanks? Obtain a copy of any
survey conducted.

c. Aboveground Storage Tanks

d.

(1) Are any aboveground storage tanks onsite? (This
includes tanks that are located in basements or below
grade, but not completely covered.) If so, please
describe.

© Tank description, Age, Capacity, Contents

(2) Is there staining around any of the aboveground
storage tanks (for example, where the tank would be
filled?)

(3) Does the tank have secondary containment?
PCB Transformers.

(1) Are there any transformers onsite? If so, which
of the following PCB-utilizing equipment is located
onsite?

© Electrical Transformers
e Electrical Capacitors
e Hydraulic Systems

© Waste Oil Tank

© Other (specify)

Page 5


1050.19
Appendix 11

PENNSYLVANIA

HW and SW issues

8/22/94

SW mailing

(717) 787-6239

Leon Kuchinski

Chief

Division of Hazardous Waste
Management

Bureau of Waste Management
Department of Environmental
Resources

400 Market Street

State Office Building, 14th Floor
Harrisburg, PA 17101-2301

PUERTO RICO

HW issues

Referrals re: SW

HW mailing

(809) 767-8181

Hector Russe

Director

Environmental Quality Board
P.O. Box 11488

San Turce, PR 00909

RHODE ISLAND

HW and SW issues

(809) 765-7575
Puerto Rico Solid Waste Management
Authority

HW and SW mailing

(401) 277-2797

Ron Gagnon

Acting Chief

Division of Waste Management
Solid Waste Program
Department of Environmental
Management

291 Promenade Street
Providence, RI 02908

Page 16


1050.19

agency files. Quantities stored must have been in excess of
1000 kg or the CERCLA reportable quantity (RQ)
(40 CFR 302.4), whichever is greater. Acutely hazardous
substances (40 CFR 30) must have been stored for 1 year
or more and in quantities greater than or equal to 1 kg. For
known hazardous substance releases, reporting is only
required when the released quantity is greater than or equal
to the substance’s CERCLA RQ.

1. Hazardous Substance: Any substance the
Environmental Protection Agency (EPA) has designated for
special consideration under the Clean Air Act, Clean Water
Act, or the Toxic Substances Control Act (TSCA), and any
hazardous waste under the Resource Conservation and
Recovery Act (RCRA), or other substances designated by
EPA which may present substantial danger to human health
and the environment. Refer to Appendix 1 for a reference
list of hazardous substances by environmental statute.

m. Hazardous Waste: A solid waste that exhibits
any one of the following criteria:

e It exhibits any one of the characteristics
identified in Part 261, Subpart C (40 CFR 261.3
(a)(2)(i)).

© Itis listed in Part 261, Subpart D, and has not
been excluded from the lists by a delisting
petition (40 CFR 261 (a)(2)(ii)).

© Itis a mixture of a listed hazardous waste and a
solid waste (40 CFR 261.3 (a)(2)(iv)).

e It is derived from the treatment, storage, or
disposal of a listed hazardous waste
(40 CFR 261.3 (c)(2)(i)).

n. Innocent Landowner Defense: Provides that
if an owner or operator has not contributed to the
contamination of a property and has conducted all
appropriate inquiries into the previous ownership and uses
of the property consistent with good commercial or
customary practices in an effort to minimize liability, then
the owner or operator is exempt from CERCLA liability.

o. Maximum Contaminant Level (MCL):
Enforceable standards, establishing an upper limit for
allowable contamination, for toxic compounds in public
drinking water systems.

p. Media: Specific environments (i.e., air, water,
soil) which are the subject of regulatory concern and
activities.

Page 2

8/22/94

q. National Environmental Policy Act (NEPA):
A general statute declaring national environmental policy
and promoting consideration of environmental concerns.
Although NEPA targets Federal agencies, it also can affect
private sector projects that require Federal interaction (e.g.,
permits or funds),

r. National Oil and Hazardous Substances
Contingency Plan (NCP): Provides the organizational
structure and procedures for preparing for and responding
to discharges of oil and releases of hazardous substances,
pollutants, and contaminants.

s. National Priorities List (NPL): EPA’s list of
the most serious uncontrolled or abandoned hazardous
waste sites identified for possible long term remedial
action. The list is updated at least once a year.

t. Notice: An announcement used to advise
appropriate authorities, employees, and often the public of
intended or actual releases of pollutants, violations of
discharge limits, or other prohibitions, and of the
commencement of activities.

u. Occupational Safety and Health Act (OSH
Act): A law that was enacted to reduce workplace injuries
and illness by establishing standards that would enhance
safe and healthful working conditions in places of
employment throughout the United States.

y. Pathway of Exposure: The course a chemical
or physical agent takes from a source to an exposed
organism. Each pathway includes a source or release for a
source, an exposure point, and an exposure route,

w. Phase One EDDA: An investigation to
determine the likelihood of environmental contamination
at a property to be purchased, leased, sold, or otherwise
transferred.

x. Phase Two EDDA: An investigation to confirm
whether property under consideration for purchase or sale
is contaminated as indicated by the Phase One EDDA.

y. Phase Three EDDA: An investigation to
quantify and characterize the extent of contamination at the
site under consideration for transfer and shall consist of a
full site investigation (Remedial Investigation) and
selection of an appropriate remedy (Feasibility Study).

z. Property Transfer: An act of two or more
parties, or the law, by which the title or an interest, benefit,
or right to property is conveyed from one person to another.
This includes the following: sale, purchase, lease,
mortgage, escheat, eminent domain, and foreclosure.
(Note, however, that CERCLA allows a defense for
governmental entities that acquire the facility or property
through escheat, other involuntary transfer, or eminent
domain.)

Par3


1050.19

combined correctly. For example, non-carcinogenic risks
shall only be combined when the contaminants affect the
same target organ.

f. Uncertainty in the risk assessment shall be
described. Uncertainty may arise from inaccurate exposure
assumptions, incomplete toxicity data, and unknown
effects from exposure to multiple contaminants.

g. Risks that exceed 1 x 10 (one additional cancer
case for every 10,000 people exposed) for carcinogens or a
hazard index greater than one for non-carcinogens trigger
the need for remedial action at a site.

h. If warranted due to unacceptable risk at a site,
preliminary remedial design goals shall be included at the
end of the risk assessment. Remedial design goals are the
cleanup levels set for a particular site and may include
Federal and State applicable or relevant and appropriate
requirements (ARARs). Refer to EPA’s CERCLA
Compliance With Other Laws Manual for a complete list of
ARAR’s. When ARAR’s are not available, risk-based
remedial design goals shall be determined. Risk-based
remedial design goals are determined by selecting an
appropriate level of risk, and calculating the resulting
exposure and concentration levels.

Page 52 (thru 60)

8/22/94

i. For a discussion on selecting treatment
technologies, please refer to Appendix 9.

j. The Phase Three EDDA shall be performed by a
contractor who meets the specifications described in
Appendix 5.

52. REMEDIATION COST MODEL.

a. After the remedial design goals have been
established, site remediation can commence only if the
authorized official has approved the action and adequate
property rights have been acquired by the regional real
estate branch. It is important, however, to have an estimate
of the remedial costs before the remediation begins to
determine if the remediation cost exceeds the property
value to the FAA.

b. The automated cost model shall be used to provide
an order of magnitude estimate of the cost to remediate the
site.

c. The estimated cost for cleanup shall be compared
with the true value of the property to the FAA. If the costs
are excessive, then an alternative property shall be selected.

53.-59. RESERVED.

Par 51



8/22/94 1050.19
Appendix 11

IDAHO

SW issues HW issues

SW mailing

(208) 334-5860 (208) 334-5879

Katie Sewell Mia Crosthwaite

Solid Waste Coordinator Regulatory Analyst

Community Programs Permits and Enforcement
Prevention and Certification Bureau _ Division of Environmental Quality
Division of Environmental Quality Department of Health and Welfare

Department of Health and Welfare
1410 N. Hilton Street

Boise, ID 83706

ILLINOIS

HW and SW issues

(217) 785-8604

Glenn Savage

Head

Field Operations Section

Bureau of Land Pollution Control
Illinois Environmental Protection

Agency

INDIANA

HW issues

(317) 232-4417 (317) 232-7200
Dave Berry Jerry Rud

Hazardous Waste Management Branch Solid Waste Management Branch
Office of Solid and Hazardous Waste _ Office of Solid and Hazardous Waste
Department of Environmental Department of Environmental
Management Management

Page 7


1050.19
Appendix

Page 14

11

NEW YORK

Referrals re: HW

8/22/94

Referrals re: SW

(518) 457-6934

Division of Hazardous Substances
Regulation

Department of Environmental
Conservation

(518) 457-6603

Division of Solid Waste
Department of Environmental
Conservation

NORTH CAROLINA

SW issues HW issues

(919) 733-0692 (919) 733-2178

Gary Ahlberg Margaret Babb

Solid Waste Section Enforcement Section
Division of Solid Waste Management Hazardous Waste Section

Department of Environment, Health

Division of Solid Waste Management

and Natural Resources Department of Environment, Health
and Natural Resources

NORTH DAKOTA

HW issues SW issues

HW and SW mailing

(701) 221-5166

Neil M. Knatterud

Director

Division of Waste Management
Department of Health

P.O. Box 5520

Bismark, ND 58502-5520

(701) 221-5166

Steve Tillotson
Division of Waste Management
Department of Health


8/22/94

1050.19
Appendix 6

APPENDIX 6. SAMPLING AND ANALYSIS PLAN

Sampling is the physical collection of a representative
portion of an environment. The purpose of a sample and
analysis plan is to document that all appropriate steps have
been taken to ensure that a sample’s original physical and
chemical characteristics have been preserved during the
transportation and testing process and to outline the
methodology, sampling sites, types and numbers of
samples required, the proper sample containers to be used,
etc. The plan shall have the following elements.

a. The sampling objectives must be clearly
delineated in advance because they will dictate many of the
subsequent choices of methodology, sampling sites, types
and number of samples required, proper sample containers
to be used, etc.

b. The choice of materials to be sampled shall be
guided by the results of the Phase One EDDA. Chemicals
or other potentially hazardous materials that are known to
exist, or were at one time present at the facility or adjacent
facilities, shall be sampled.

c. The types of field samples to be taken during the
Phase Two EDDA may include the following:

(1) A grab sample is a discrete sample that is
collected at one point in time. It is representative of only
one specific site at a specific time; as such, it is best used if
the source of contamination is likely to be stable over a
period of time and/or geographical area.

(2) A composite sample is a non-discrete sample
composed of more than one specific sample collected at
various sampling sites and/or times, combined and treated
as one. Composite samples may give an average
concentration or composition.

d. The quality assurance samples must also be taken
to ensure and document the integrity of all samples gathered
at the site. Quality assurance samples include:

(1) Duplicate samples, where two samples are
collected at the same time from the same location. The
analysis of duplicate samples using the same procedure and
instrument provides an indication of analytical variability
and error.

(2) Split samples, where a sample is divided into
equal portions and analyzed by another accepted analytical
technique or qualified laboratory in order to compare
results.

(3) Spiked samples, where a known quantity of
the contaminant is added to a sample at known
concentrations to determine the accuracy of the analytical
method.

(4) Blank samples, where a sample of distilled,
de-ionized, contaminant-free water is collected,
containerized, treated, and handled in the same manner as
the samples. Blanks are used as an indicator of sample
contamination throughout the entire process.

e, Sampling locations shall be as near as possible to
areas of concern. Sampling locations also shall be based
on the hydrogeologic characteristics of the site (see (g)
below). The number of samples taken can be an indicator
of the validity of the information. The frequency of
sampling will be particularly important in determining the
validity of information, particularly in the case of surface
and ground water sampling.

f. Collection and handling methods shall provide a
description of the practices to be used to ensure that samples
are not contaminated or otherwise compromised during the
sampling, transportation, and analytical process.

g. Topographic, geologic, and hydrologic
characteristics of the site shall provide information on the
potential for significant impact of contamination on surface
and ground water.

h. Area geographic, flora, and fauna demographic
information will help decisionmakers determine whether
any contamination may impact flora, fauna, and humans in
the area.

i, Information regarding the physical properties and
hazardous characteristics of the materials involved will
allow decisionmakers to determine the potential impact on
human health and natural resources of any contamination
found in the area.

j. The selected laboratory shall be qualified by the
FAA's contractor. Considerations in the selection of a
qualified laboratory are:

(1) Location. Laboratories located near to the
subject property may be ideal because of fast response,
reduced travel time, and reduced sample handling.

(2) Equipment. The laboratory must have the
appropriate equipment to handle the types of samples to be
taken at the property. Equipment commonly found in
laboratory facilities include Inductively Coupled Plasma
(ICP), Atomic Absorption (AA) for inorganics, and Gas
Chromatography/Mass Spectroscopy (GC/MS) for
organics.

(3) Personnel. The personnel shall be
well-trained and experienced in the analysis of the types of
samples to be taken at the site.

Page1


1050.19
Appendix 6

(4) Standard operating procedures. The
laboratory shall have a comprehensive, well-established set
of standard operating procedures (SOP). The SOP’s shall
consider analytical protocol, sample handling,
documentation procedures, laboratory safety, laboratory,
and quality assurance/quality contro! (QA/QC).

(5) The following shall be considered in the
selection of an analytical laboratory:

¢ Soil and water samples. Use EPA contract
laboratories, whenever possible. If not possible,
ensure that the laboratory is validated by the U.S.
Army Corps of Engineers’ Hazardous, Toxic,
and Radiological Waste (HTRW) Branch. EPA
method SW-846 shall be used for solid wasters.
Water samples shall be analyzed under EPA
methods 500 series or 600 series.

e Air samples. Use a laboratory that successfully
participates in the American Industrial Hygiene
Association (AIHA) Proficiency Analytical
Testing (PAT) program for air samples or
organics, metals, asbestos with polarized light
microscopy (PLM). For air samples with
transmission electron microscopy (TEM), use
laboratories accredited by the National Institute
of Standards and Technology (NIST) under the
National Voluntary Laboratory Accreditation
Program (NVLAP). These procedures meet
current requirements for analytical intergrity. Air
samples are analyzed under OSHA and NIOSH
methods; asbestos air samples analyzed under
TEM should use the EPA method found in
Subpart A of 40 CFR 363.

Page 2

8/22/94

e Asbestos bulk samples. Use a laboratory that is
accredited under NIST NVLAP for asbestos
bulk samples. EPA has issued an interim method
for analyzing insulation samples; this method
should be referenced.

k. QA/QC procedures are multi-faceted procedures
geared to ensure analytical accuracy through strict handling
and documentation protocols. QA/QC analyses shall
comply with the QA/QC procedures outlined in Test
Methods for Evaluating Solid Waste SW-846 (third
edition). Items to be included in the plan include the
QA/QC samples and instrument tuning and calibration
procedures. The QA/QC procedures for SW-846 are too
voluminous to be included in this order. However, SW-846
is a Government document that can be obtained from the
National Technical Information Service (NTIS).

1 Sampling preservation techniques include
measures to prevent compounds from degrading or
transforming, the selection of proper container type (as
certain types of containers can interfere with the sample
itself), and storage techniques.

m. A health and safety plan shall be developed and
included in the sampling and analysis plan.

©


8/22/94

AMERICAN SAMOA
HW and SW issues

1050.19
Appendix 11

HW and SW mailin,

(011) (684) 633-2304

Togiba Tausaga

Director

American Samoa Environmental
Protection Agency

Government of American Samoa
Pago Pago, AS 96799

ARIZONA
SW issues HW issues
SW mailing
(602) 207-4121 (602) 207-4211
Dennis Clayton
Betsy Wesell Department of Environmental Quality
Manager
Solid Waste Unit, 6th Floor
Office of Waste Programs

Department of Environmental Quality

3033 N. Central Ave.
Phoenix, AZ 85012

ARKANSAS

Referrals re: SW Referrals re: HW

(501) 570-2854 (501) 562-6532

Jane Schwartz Switchboard

Department of Pollution, Control & Department of Pollution, Control &
Ecology Ecology

800 National Dr.

Little Rock, AR 72219-8913

Page 3


1050.19
Appendix 3

As the use of asbestos in building materials increased, so
did lung diseases among those who worked with
asbestos. These diseases include asbestosis, lung cancer,
and mesothelioma. Typically, these diseases take
between 10 and 40 years to appear after exposure to
asbestos in the air.

g. Pesticides. Pesticides are chemical products
developed to eradicate a target species. Pesticides include
insecticides, herbicides, rodenticides, fungicides,
disinfectants, and plant growth regulators and have been
developed to control insects, weeds, fungi, and rodents.
Pesticides can significantly reduce agricultural crop
losses, structural damage to property, and public health
concerns. However, since these materials are “designed
poisons,” they pose a toxic health hazard if they are
misused or improperly disposed. These chemicals have a
variety of different trade names, chemical compositions,
methods or action, toxicity, and environmental effects.
The most widely used pesticides do share some common
traits:

¢ They tend to be chlorinated hydrocarbons.

© They tend to produce adverse effects in humans,
such as nerve damage, liver damage, and kidney
failure.

© They tend to be bioaccumulative. This means that
as plants and animals ingest these chemicals and
are in turn ingested by other animals, the poisons
accumulate up the food chain. Therefore, what
starts out as a small, non-harmful release can
accumulate into harmful doses to organisms large
distances from the site.

h. Sensitive Environmental Areas. Wetlands are areas
that are temporarily or permanently inundated by surface
or ground water and support vegetation adapted for life
in saturated soil. Typically envisioned as marshy or
swampy areas adjacent to coastal regions, wetlands also
encompass areas that are far inland of tidal waters and
may or may not appear to be marshy or swampy.

Wetlands provide many benefits, including a habitat for
a wide variety of wildlife; improvement in water quality;
flood control; stabilization of the shoreline; and breeding,
nursery, and feeding areas for commercial and
recreational fish, and recreational uses such as hunting or
fishing.

A wetlands investigation must be conducted for every
property under consideration for purchase. If any
modifications to the property or existing structures are
going to be performed, a permit will be required,
triggering the National Environmental Protection Act

Page 2

8/22/94

(NEPA) process. The presence of wetlands on the
property may prevent the FAA from using the site for its
intended purpose.

Wild and scenic rivers are recognized as possessing
outstanding values such as scenic, recreational, geologic,
water quality, fish and wildlife, historic, and cultural
benefits. Often, sections of a particular river may be
designated as “wild and scenic,” while other sections
may not.

i, Radon. Radon is a naturally occurring radioactive
gas that cannot be seen, smelled, or tasted. Radon can
accumulate inside enclosed spaces to levels that pose
risks to human health, including lung cancer. Local
regulatory files should be reviewed for the presence of
radon in and around the area of the property under
consideration for purchase.

Pre-Audit Questionnaire

The purpose of the pre-audit questionnaire is to obtain
basic information about the property and to help focus
the document search and the visual inspection.

Information for this questionnaire should be obtained
from the site owner (or operator, if the owner gives
permission to contact that operator) through a telephone
interview or in writing.

The interviewee should be informed that this discussion
and the ensuing site audit are routine practices and are
being performed to assist the FAA in assessing the true
value of the property under consideration for purchase.
The EDDA auditor (FAA employee or contractor), under
no circumstances, should discuss the purchase price of
the property before, during, or immediately following the
EDDA. Only an FAA realty specialist is authorized to
discuss price with the owner.

® Where is the property located (complete address,
longitude/latitude, parcel number, or legal
description (if available)?

e Is the site located on any waterways or near
schools or recreational facilities?

© How large is the property (acreage)?

© Does the property contain buildings or other
improvements?

© How large are the buildings? What are the ages of
the buildings? How are the buildings used?

© Who are the current owners?
Who are the current operators?

© What is the current use of the property?


1050.19 8/22/94

Appendix 11

GEORGIA

Referrals re: SW Referrals re: HW

(404) 362-2692 (404) 656-2833

Environmental Protection Division Environmental Protection Division
Départment of Natural Resources Department of Natural Resources

GUAM

HW and SW issues .
HW and SW mailing
[011] (671) 646-8863

Francis P. Damian

Director

Solid and Hazardous Waste
Management Program

Guam Environmental Protection

Agen
130 Rojas St., D107 Harmon Plaza r )
Harmon, GU 96911

HAWAII

Referrals re. HW and SW
HW and SW mailing
(808) 586-4226

Grace Simmons

Acting Manager

Solid and Hazardous Waste Branch
Hawaii Department of Health

5 Waterfront Plaza, Suite 250

500 Ala Mona Blvd.

Honolulu, HI 96813

Page 6


8/22/94 1050.19
Appendix 11
OHIO
HW issues SW issues
(614) 644-2944 (614) 644-2825
Kit Arthur Dan Harris
Compliance, Monitoring and Solid and Infectious Waste Division
. Enforcement Section Ohio Environmental Protection
Division of Hazardous Waste Agency
Management :

Ohio Environmental Protection
Agency

OKLAHOMA

SW issues HW issues
SW mailing

(405) 229-5324 (405) 271-7069

Fenton Road

Chief

Solid Waste Management Service, 0206
State Department of Health

1000 N.E. 10th Street

Oklahoma City, OK 73117-1299

John Ice

Hazardous Waste Management
Services

State Department of Health

OREGON

SW issues HW issues

SW mailing

(503) 229-5782 (503) 229-6585

Charles Donaldson Roy Bower

Manager Hazardous and Solid Waste Quality

Solid Waste, Permits and Compliance
Hazardous and Solid Waste Division
State Department of Environmental
Quality

811 S.W. Sixth Ave.

Portland, OR 97204

Division
State Department of Environmental

Quality

Page 15




8/22/94 1050.19

Appendix 8
Ground Water Remediation
Contaminant Class Mark With An 'x' Those That Apply
Halogenated Hydrocarbons
Semi-Volatile Organic Compounds x
Volatile Organic Compounds
Metals & Inorganics x
Remediation Method (choose only one!) Cost Per Acre Foot
Containment/Slurry Wall $24
Pump and Treat x $32,500
Bioremediation $47,500
Volume Of Material To Be Treated (in acre feet)
Potential Conflicts

Ground Water Remediation Cost
$1,300,000

Page 3


1050.19 8/22/94
Appendix 8

Td APPENDIX 8. PHASE THREE COST ESTIMATING AID

The automated Phase Three Cost Estimating Aid is available on floppy disk, upon request from the Office of Environment
and Energy. Please contact a representative of the Special Projects and Hazardous Materials Group (AEE-20) at (202)
267-3497 to receive a copy of the software.

Attached is a sample of the type of output generated by the mode.

Page 1


1050.19
Appendix 11 8/22/94

TEXAS

HW issues Referrals re: SW

HW mailing

(512) 908-6832 (512) 908-6692

Grace Montgomery Faulkner Municipal Solid Waste Division

Manager Texas Water Commission

Waste Evaluation Section

Industrial and Hazardous Waste Y
Division

Texas Water Commission

P.O. Box 13087 °
Austin, TX 78711-3087

UTAH

SW issues HW issues

SW mailing HW mailing

(801) 538-6170 (801) 538-6170

Ralph Bohn Dan Berbica @
Manager Manager

Solid Waste Section Hazardous Waste Compliance Section

Division of Solid and Hazardous Division of Solid and Hazardous

Waste Waste

Department of Environmental Quality Department of Environmental Quality

288 North, 1460 West 288 North, 1460 West

Salt Lake City, UT 84114-4880 Salt Lake City, UT 84114-4880 *

Page 18


8/22/94

1050.19

CHAPTER 3. PHASE ONE EDDAS

30. GENERAL. This chapter provides direction for
conducting, reviewing, and interpreting results of
Phase One EDDA’s. The purpose of a Phase One EDDA is
to determine the likelihood of environmental
contamination at a property to be purchased, leased, sold,
or otherwise transferred.

a. When acquiring property, costs of remediating
contaminated property shall be considered as part of the
purchase or lease costs of the property, and whenever
possible, shall be borne by the seller or lessor of the
property.

b. The following liability limitation clause has been
developed for use in land leases for on-airport technical
facilities. If a sponsor does not agree to this clause in the
lease, an EDDA would be necessary for any new facility
requirements.

“The Government agrees to remediate, at its sole cost, all
hazardous substance contamination on the leased premises
that is found to have occurred as a direct result of the
installation, operation, and/or maintenance of the (type
of facility) facility. The Lessor agrees to remediate, at
its sole cost, any and all other hazardous substance
contamination found on the leased premises. The Lessor
also agrees to save and hold the Government harmless for
any and all costs, liabilities, and/or claims by third parties
that arise out of hazardous contamination found on the
leased premises not directly attributable to the installation,

operation, and/or maintenance of the (type of facility)

__ facility.”

c. When disposing of property, the results of the
EDDA process shall be used to determine whether
notification to purchasers is required under Federal, State,
and local law. When leasing or selling the property to third
parties (or for out-grants), the results of the EDDA shall be
used to establish a baseline environmental record of the
property as a defense against future claims. For lease
terminations, an EDDA shall be performed. For disposals,
the requirements of the Comprehensive Environmental
Facilitation Act (CERFA) (see Appendix 2) must be
satisfied.

d. Environmental compliance requirements for
space lease acquisitions shall be covered in the solicitation
for offers and the final lease document and are, therefore,
excluded from this order. Compliance includes permits,
waste storage requirements, etc.

31. PHASE ONE EDDA. A Phase One EDDA shall be
conducted for all real property transfers including new
leases, purchases, disposals, and lease terminations.

Par 30

Phase One EDDA’s will not be required for renewal leases
of existing sites or where the FAA has easement or
right-of-way access agreements and is not performing any
operations on the property and does not have any ownership
liability. Agreed—upon easement and access activities shall
not include management, use, or maintenance activities
using hazardous materials, Additionally, Phase One
EDDA’s will not be required for leases involving office
space only.

a. Each of the following elements is required for a
complete Phase One EDDA:

(1) A pre-audit questionnaire to obtain
fundamental information concerning a property.

(2) A document and record search to determine
whether there is any publicly available information on
actual or potential contamination on or related to the
property, such as those sources listed in Appendix 3,
paragraph 4.

(3) A physical assessment (walk through) of the
property (and any improvements to the property) including
interviews with on-site personnel who have knowledge of
past and present environmental practices.

(4) A written report documenting the process and
results of the Phase One EDDA.

b. The Phase One EDDA shall be conducted with a
protocol that, at a minimum, is as comprehensive and
complete as the one presented in Appendix 3 by an
individual who meets the requirements of paragraph 6a.
The FAA protocol incorporates all elements of the new
ASTM standards, as well as certain criteria specifically
tailored to the FAA and its needs. If the region does not
have adequate resources, including qualified staff, then the
EDDA’s may be contracted out. In the event that a region
customizes the protocol for its own use, that region must
submit the protocol to AEE-20 for approval prior to using
that protocol. The Phase One EDDA shall include an
examination of the following site characteristics or uses:

(1) Asbestos usage in any buildings on-site

(2) Hazardous materials usage or release on the
subject or adjacent properties

(3) Underground and aboveground storage tanks
(whether in-place or removed)

(4) Indoor air contamination in any buildings
onsite

(5) PCB transformers

Page 31


1050.19

8/22/94 Appendix 11
DELAWARE
SW issues HW issues
SW mailing HW mailing
(302) 739-3820 (302) 739-3689
Richard Folmsbee Nancy Marker
Supervisor Program Manager
Solid Waste Branch Air and Waste Management Division

Air and Waste Management Division Department of Natural Resources and
Department of Natural Resources and Environmental Control
Environmental Control 89 King Hwy

89 King Hwy. Dover, DE 19903

Dover, DE 19903

DISTRICT OF COLUMBIA

HW issues referrals re: SW

(202) 404-1167, ext. 3080

Don Campbell

Pesticides, Hazardous Materials and
UST Division

Office of Consumer and Regulatory
Affairs 7

Dc

FLORIDA

Referrals re: HW and SW

(904) 922-6104

Switchboard

Bureau of Solid and Hazardous Waste
Division of Waste Management
Department of Environmental
Regulation

Page 5


8/22/94 1050.19
Appendix 11

MINNESOTA
SW issues HW issues
SW mailing
(612) 296-7340 (612) 297-8512
Art Dunn Roger Bjork
Manager Hazardous Waste Division
. Solid Waste Section Minnesota Pollution Control Agency
Ground Water and Solid Waste
Division
, Minnesota Pollution Control Agency

520 N. Lafayette Road
St. Paul, MN 55155

MISSISSIPPI
SW issues Referrals re: HW
SW mailing
(601) 961-5171 (601) 961-5033
@ Billy Warden Hazardous Waste Division
Administrator Office of Pollution Control
Solid Waste Section Department of Environmental Quality

Ground Water Protection Division

Office of Pollution Control

Department of Environmental Quality
« 2380 Hwy 80 West

Jackson, MS 39204

4 MISSOURI
SW issues Referrals re: HW.
SW mailing
(B14) 751-5401 (B14) 751-3176
Hal Morton Linda McCarty
Director Hazardous Waste Program
Solid Waste Management Program Division of Environmental Quality
Division of Environmental Quality Department of Natural Resources

Department of Natural Resources
205 Jefferson St., Jefferson Building

@ Jefferson City, MO 65102

Page ll


8/22/94

c. Phase Two radon testing is required when:

(1) Records and/or tests indicate a level of radon
at the property exceeding 4 pico-Curies per Liter (4 pCi/L)
or other, more restrictive State levels.

(2) Radon mitigation activities are taking place
at nearby facilities.

d. Phase Two underground tank testing is required
when underground tanks exist at the site. However,
Phase Two testing shall not be necessary if the
owner/operator can certify by tank integrity/leak detection
documentation that the tanks are not leaking.

e. If the property is being sold or otherwise transfered
by the FAA, it shall be determined whether the property
falls within the requirements of 40 CFR 373. The notice

Par 33

1050.19

required for storage of 1 year or more is applicable only at
sites where 1,000 kg have been stored, unless the CERCLA
RQ is greater than 1,000 kg. In that case, notification is not
required until the quantity stored exceeds the RQ. The
notice required for known releases of hazardous substances
applies only when the released quantity exceeds the
CERCLA RQ.

34. CONTRACTOR SPECIFICATIONS. If services
outside the FAA are procured to perform the Phase One
EDDA, then the contractor shall meet or exceed the
requirements specified in Appendix 5.

35.- 39. RESERVED.

Page 33 (thru 40)


8/22/94 1050.19

FOREWORD

Consistent with the Federal Aviation Administration’s mission to be the national and international leader in aviation
environmental issues, while fostering a safe, secure, and efficient aviation system, is the need for an effective process to acquire
real property free from environmental liabilities. The Environmental Due Diligence Audit (EDDA) program provides a
comprehensive framework for ensuring that the FAA adheres to all applicable environmental regulations and best practices
associated with property acquisitions and disposals while maintaining the necessary infrastructure to promote aviation safety and
growth.

This order prescribes policy, delegates authority, and assigns responsibility for ensuring agency compliance with the provisions
of the EDDA program. It also directs the Office of Environment and Energy to issue necessary guidelines and procedures needed
to manage the program.

This order provides personnel involved in the transfer of real property with direction for the conduct, management, and oversight
of EDDA’s. This order also provides direction on the preparation and review of EDDA reports, including results interpretation.
Each office may supplement this broad coverage with guidelines, instructions, or protocol specific to its needs.

Due to the evolving and dynamic nature of EDDA practices, the EDDA order cannot remain static. Recognizing that program

improvement is a vital element in the program’s effectiveness and responsiveness to FAA personnel, users have the opportunity
to offer suggestions for improvement to this directive through the use of FAA Form 1320-19, Directives Feedback Information.

David R. Hinson
Administrator

i(and ii)


1050.19
Appendix 5
(1) Primary Criteria.
i. Firm and individual consultant experience
(years)

ii. Firm and individual consultant expertise
(education, work experience)

iii, Insurance and indemnification
iv. Report quality
vy. Use and quality of subcontractors
vi. Conflict of interest.

(2) Secondary Criteria.
i. Location
ii. Size

iii. Confidentiality and document retention
programs.

Page 4

(3) Additional Criteria to be Considered.
i. Formal quality control programs
ii, Cost
iii. Minority/woman-owned business status.
3. Sample Contract Language.

The following sample contract language for Phase One
EDDA’s has been provided by AGL. The language in this
contract has not been formally approved by AEE for use in
procuring contractor support for the conduct of Phase One
EDDA’s.

a»



1050.19

Appendix 2

Page 2

(1) Actual cleanup of hazardous substances prior
to sale.

(2) Notice to the purchaser prior to sale.

(3) Registration/approval by State or local
agency.

(4) Hazardous waste management facility notice
in deed.

8/22/94

b. Because the State laws pertaining to property
transfer are still evolving, it will be necessary to contact
State agencies routinely to identify changes in their
requirements.





~


1050.19 8/22/94
Appendix 4

TABLE OF CONTENTS |

SECTION DESCRIPTION PAGE

Appendix __ Site Photographs

Appendix __ Federal, State, and Local Records

Appendix __ Aerial Photographs

Appendix __ List of Chemicals in Use at the Facility

Appendix __ Material Safety Data Sheets .
Appendix __ Previous Site Work Reports
Appendix __ Ground Water Monitoring Results
Appendix __ Soil Boring Data

Page 2


TABLE OF CONTENTS

SECTION DESCRIPTION

PAGE

1050.19
Appendix 7

7.1 Findings
7.1.1 Summary of Facts
a. Soil
b. Ground Water
c. Building Interiors
d. Surface Water
7.1.2. Documented Releases
a. On-Site
i. Location
ii. Type and Quantity
b. Off-Site
i. Location
ii. Type and Quantity
7.2 Conclusions
7.3 Other Field Activities
8.0 Appendices
8.1 Drilling Logs
8.2 Well Construction Diagrams
8.3. Sampling and Analysis Protocol
8.3.1 Sampling Methodology
8.3.2 Sample Preservation and Handling
a. Containers

b. Preservatives Including Field Filtering

c. Shipping
d. Chain of Custody
e. Shipping

i. Location

ii. Type and Quantity
f. Off-Site
i, Location
ii. Type and Quantity
8.4 Other Field Activities

Page 3


8/22/94

Who were past owners and operators of the
property? (Ask the interviewee to trace past
ownership and uses as far back as possible.)

© What were past uses of the property?
© What activities take place at adjacent properties?

© Who are the main contacts to obtain access to the
site?

© Is the current owner/operator aware of any present
or past underground or above ground storage
tanks being located on or adjacent to the desired
property? If so, can the owner/operator
demonstrate that the tanks have been properly
closed or that existing tanks are not currently
leaking?

e Is the current owner/operator aware of any landfill
(private or public) operators on or adjacent to the
desired property? If so, identify the types of
wastes that were disposed of within the landfill.

© Is the owner/operator aware of any pesticide use,
past or present, on the desired property? If yes,
please elaborate.

© Is the owner/operator aware of any equipment
(electrical/mechanical) containing hazardous
substances (e.g., PCB’s) on the desired property?

Document/Records Search.

A document search will allow the assessor to gather
public information regarding the subject property and its
prior and current uses. There are companies that, for a
reasonable fee, offer comprehensive search and
documentation of such records as the Comprehensive
Environmental Response, Compensation, and Liability
Information System (CERCLIS), National Priorities List
(NPL), RCRAS Notifiers, RCRAS Evaluation/
Violations, Registered Storage Tanks, Leaking
Registered Storage Tanks, Solid Waste Landfills, and
other pertinent information. The site assessor should,
therefore, obtain and review the following information.

a. Hazardous Materials Usage/Releases/
Underground Storage Tanks

(1) Title Search. Conducted at the local courthouse
located at or near the city hall. Clerks should be able
to help assist in records reviews.

A list of past owners of the property for the
last 50 years should be provided.

1050.19
Appendix 3

(2) CERCLIS. The Comprehensive Environmental
Response, Compensation, and Liability Information
System (CERCLIS) is a computer data base that
stores information regarding each site on the National
Priorities List (NPL) of Superfund sites. CERCLIS
reports can be obtained from the RCRA/Superfund
Industry Assistance Helpline (800-424-9810), the
CERCLIS Helpline (202) 260-0056), the EPA
regional office, or in most instances, from the State
environmental agency.

© Itshould be determined whether the property
under consideration is (or ever has been) on
the NPL, and whether nearby properties
(within 2 miles of the site) have been on the
NPL.

(3) State Environmental Agency Site Lists.
Many States maintain lists similar to those found on
CERCLIS and also maintain lists of smaller fuel leak
sites.

© Itshould be determined whether there have been
any fuel leaks in the area.

5. State Environmental Agency Permit Files.

Information on facilities required to obtain
environmental permits can be obtained from the State
Environmental Protection Agency, or equivalent. The
Agency also will have a record of permit violations.

© It should be determined whether the site has any
permits for environmental activities. Permits
include: air quality; hazardous waste treatment,
storage, and disposal; Publicly Owned Treatment
Works (POTW)/sanitary sewer; National
Pollutant Discharge Elimination System
(NPDES); stormwater discharge; and
underground storage tanks.

6. Site Soil and Ground Water Test Results.

Phase One and Two EDDA’s are common in the
commercial sector. As a result, soil and ground water
studies may be available for review on a limited basis.

© The owner of the property should be contacted for
copies of these reports and test results, and

¢ Itshould be determined whether there is any cause
for concern based on test results.

7. Local Fire District.

The Fire Department often will have information
regarding the hazardous materials usage at the proposed
site and any underground tanks located there. The Fire
Department also will have information on violations

Page 3


8/22/94

1050.19

CHAPTER 2. ENVIRONMENTAL DUE DILIGENCE AUDIT OVERVIEW

20. GENERAL. This chapter provides an overview of
the EDDA process. An EDDA program is necessary to
avoid costly litigation and remediation liability under
CERCLA. (Refer to Appendix 2 for a regulatory overview
of CERCLA liability.) The EDDA program shall be
anticipated and conducted during the planning phase of the
real estate property transfer process. All reports generated
as part of the EDDA process shall be maintained
indefinitely with the real estate file.

21. PHASE ONE EDDA.

a. A Phase One EDDA is performed to identify
potential areas of hazardous waste contamination. If
problems are known or suspected, look for an alternate site.
If there is no alternate site and the facility must be
established, with the approval of AEE-20 and the division
manager, Phase One and Phase Two may be run
concurrently by the same contractor. This will allow the
research of historical data and the sample testing to be
accomplished in a minimum amount of time. This is the
only exception to paragraph 21e below and is not to be
relied on except in extreme cases.

b. A Phase One EDDA shall be performed prior to
any type of acquisition, disposal, or outlease/outgrant of
real property. When additional land is being added to an
existing facility and an EDDA has been conducted on the
original facility (but not on the land being added), then it is
only necessary to complete a “check” of the newly added
area. At a minimum, a “check” shall consist of a
surveillance of the newly added land for visual signs of
contamination.

c. The Phase One EDDA shall consist of a visual
inspection of the property, an investigation of past uses and
owners of the property, and a regulatory file search for
environmental compliance violations. No environmental
sampling shall be performed during this investigation. The
audit ends with a Phase One Report that presents the results
of the investigation and provides recommendations for
future action.

d. If known or suspected areas of hazardous material
or waste contamination are identified during the Phase One
EDDA for a proposed acquisition or lease, then an
alternative property shall be identified, if possible, and an
additional Phase One EDDA shall be performed.

Par 20

e. A Phase Two EDDA shall only be performed for
a proposed acquisition or lease if no alternative properties
can be identified that pass the Phase One EDDA.

22. PHASE TWO EDDA.

a. A Phase Two EDDA is performed to investigate
further suspected areas of contamination identified during
the Phase One EDDA.

b. A Phase Two EDDA shall consist of limited
environmental sampling. Only those areas suspected to be
contaminated shall be investigated. Results of the
Phase Two EDDA shall be presented in a report, along wiiik
recommendations for further action.

c. If the results of the Phase Two EDDA show the
presence of contamination above acceptable levels, and the
FAA is committed to purchasing this property, then a
Phase Three EDDA shall be performed.

23. PHASE THREE EDDA.

a. A Phase Three EDDA is a comprehensive study to
quantify the extent of contamination at a property.

b. A Phase Three EDDA shall only be performed if
the presence of hazardous contamination is identified
during the Phase Two EDDA and the property is essential
to the FAA.

c. A Phase Three EDDA shall consist of a remedial
investigation to characterize and quantify the nature and
extent of contamination at the property, a risk assessment
to quantify the potential human health and environmental
risks posed by the property, and a feasibility study to
identify the appropriate remedy for the property and the
time to complete such remedy.

d. A cost/benefit analysis shall be performed to
determine if the cost to remediate the property exceeds its
value to the FAA,

24,-25. RESERVED.

Page 21 (thru 30)


8/22/94 1050.19
/22) Appendix 11

td NEW HAMPSHIRE Referrals re: HW
SW issues
SW mailing
(603) 271-2925 (603) 271-2942
Dick Reed Hazardous Waste Compliance Section
Supervisor Department of Environmental Services

Solid Waste Compliance Section
Department of Environmental Services
6 Hazen Drive

Concord, NH 03301-6509

NEW JERSEY
SW issues HW issues
(609) 530-8593 (609) 630-1418
Jim Pagano Frank Coolick
Division of Solid Waste Management Manifest Department
e@ Department of Environmental Hazardous Waste Regulations
Protection and Energy Division
Department of Environmental
Protection and Energy
NEW MEXICO
“ SW issues HW issues
SW mailing
4 (505) 827-2775 (505) 827-4308
Gerald Silva Ed Horst
Bureau Chief Hazardous and Radioactive Materials
Solid Waste Bureau Bureau
Environmental Department Environmental Department
P.O. Box 26110

Santa, Fe NM 87502

Page 13


1050.19
Appendix 10

APPENDIX 10. FAA EDDA RESPONSIBILITIES

Page 1


1050.19
Appendix 114

APPENDIX 11
ENVIRONMENTAL HOTLINES, EPA REGIONAL OFFICES,
AND STATE ENVIRONMENTAL OFFICES

Page 1


1050.19

(6) High radon levels (in the event that enclosed
structures exist, or will be built onsite)

(7) Site hydrogeology, location, demographics
(8) Proximity to wetlands and known wells
(9) Pesticide and herbicide contamination.

c. When dealing with property owners or lessors,
they shall be ensured that the EDDA process is a routine
part of the acquisition process for all property transfers.
They can be ensured that the FAA will not reveal any
information from our study or testing to non-government
entities, but that in the event that significant contamination
(e.g., poses an eminent risk to human health or the
environment) is discovered, the FAA may be obligated to
reveal this information to appropriate local, State, or
Federal agencies. If the owner or lessor is not willing to
accept these conditions, then the FAA shall look elsewhere
for an acceptable property. No judgments, conclusions, or
recommendations concerning actual or potential
contamination shall be communicated to non-FAA
personnel with the exception of the property owners or
lessors who shall be informed of any FAA findings. An
independent real estate appraiser, acting as an agent of the
FAA to determine an estimate for just compensation on the
property transfer, will be provided the EDDA report. These
findings, along with the appraisal report, are property of the
Government and may not be divulged except by the
Government.

d, Due to safety concerns, potentially hazardous
materials shall not be handled during the audit. Hazardous
materials include, but are not limited to, items such as
drums which may contain waste, or unmarked containers.

32, REPORT PREPARATION. The Phase One EDDA
report shall be written after completing the audit protocol.

a. The purpose of the Phase One report is to:

(1) Document the results of the Phase One
EDDA.

(2) Document that due diligence has been
exercised in the conduct of the audit.

(3) Provide the Phase Two auditor (if required)
with information necessary to scope the Phase Two
investigation.

b. Appendix 4 lists the required elements of the
Phase One EDDA report. All backup documentation,
including protocol recording sheets, correspondence with
State agencies, and site maps shall be included as
appendices to the report.

Page 32

8/22/94

¢. The Phase One report shall be reviewed for
correctness and completeness by an individual who meets
the requirements set forth in Chapter 1, paragraph 6b.

33. RESULTS INTERPRETATION. The results of
the Phase One EDDA, as contained in the Phase One
report, shall be used as the basis for a decision as to whether
the property is likely to be free from contamination,
whether a Phase Two EDDA is warranted, or whether the
potential for contamination is such that the property shall
not be acquired. This decision shall be made at the division
manager level.

a. Phase Two ground water and soil assessments are
required when:

(1) Hazardous materials are used, stored, or
treated on-site, in such a manner that they may have
impacted soil or ground water.

(2) Hazardous materials were ever used on an
adjacent property.

(3) The site or adjacent properties have a history
of contamination and indications of a release or suspected
release are evident (e.g., stressed vegetation, employee
interviews).

(4) Vegetation is stressed or stained.

(5) Underground tanks are in place or have been
removed without a document of a “clean close,” issued by
the local environmental authorities. However, Phase Two
testing shall not be necessary if the owner/operator can
certify by tank integrity/leak detection documentation that
the tanks are not leaking.

(6) Evidence of leaking or excessive spillage is
present close to the aboveground tanks.

(7) On-site retention ponds are present.

(8) Pesticides were managed or stored on-site in
an inappropriate manner, or when unregistered pesticides
are observed onsite.

(9) PCB equipment is used onsite or on adjacent
property and a leak has occured, or is suspected (e.g., due
to staining around the equipment).

b. Phase Two indoor air sampling is required when:

(1) Hazardous materials (including PCB’s) have
been used onsite and a release has occured or is suspected
of occuring. This information can be obtained from the
visual inspection, on-site records search, or employee
interviews.

(2) The Occupational Safety and Health
Administration (OSHA) records indicate occupants have
complained about indoor air quality.

Par 31