NORTH

Dakota Environmental Quality

North Dakota Department of Environmental Quality

4201 Normandy Street

Bismarck, North Dakota 58503

Phone: (701) 328 -5150

Fax: (701) 328-5200 Be Legendary.-

Title

Author

Program Manager

QA Manager

TITLE:

TYPE:

PROGRAM:

VERSION:

VERSION DATE:

AUTHOR(S):

AUTHORIZATIONS

Name

Derek Kannenberg

Chuck Hyatt

Jonathan Danielson

Quality Assurance/ Quality Control Documentation

BROWNFIELDS PROGRAM QAPP

QUALITY ASSURANCE PROJECT PLAN

HAZARDOUS WASTE PROGRAM

2.0

MAY 7, 2025

DEREK KANNENBERG

REVISION HISTORY

Revision Change Description Date Authorization

2.0 05/07/2025 DK Added additional information to account for changes in process.

Date

THIS PAGE LEFT INTENTIONALLY BLANK

Table of Contents

A1. Introduction

A2. Distribution List

A3. Project/Task Organization

A4. Problem Definition/Background

A5. Project/Task Description

A6. Quality Objectives and Criteria

A6.1. Asbestos Data

A6.2. Laboratory Analysis Data

A6.3. Environmental Site Assessments

A6.4. Precision, Bias, and Representativeness

A7. Special Training/Certifications

A8. Documentation and Records

B. DATA GENERATION/ACQUISITION

B1. Sampling Process Design

B1.1. Introduction

B1.2. Quality Assurance/Control

B1.3. Regulatory Criteria

B2. Sampling Methods

B3. Sample Handling and Custody

B4. Analytical Methods

B5. Quality Control

B6. Instrument/Equipment Testing, Inspection, and Maintenance

B7. Instrument/Equipment Calibration and Frequency

B8. Inspection/Acceptance for Supplies and Consumables

B9. Use of Existing Data (Non-Direct Measurements)

B10. Data Management

C. ASSESSMENT AND OVERSIGHT

C1. Assessments and Response Actions

C2. Reports to Management

D. DATA VALIDATION AND USABILITY

D1. Data Review, Verification, and Validation

D2. Unfit Data

D3. Dispute Resolution

Attachment A: Site-Specific Sampling and Analysis Plan (SAP)

Attachment B: ASTM Standards for Phase I/II ESAs

Attachment C: Asbestos Air Monitoring and Air Clearance in Occupied Schools

Attachment D: Asbestos Air Monitoring and Air Clearance in Occupied Buildings

QAPP for Brownfields State Response Program Operations – v2.0 May 2025

A1. Introduction This Quality Assurance Program Plan (QAPP) is intended to satisfy U.S. Environmental Protection Agency (EPA) requirements for the collection of data of known and documented quality needed for North Dakota Brownfields State Response Program (Program) field activities and to describe the methods for collecting and assessing those data. This QAPP was developed by the North Dakota Department of Environmental Quality (NDDEQ), Hazardous Waste Program, as a programmatic QAPP for the Brownfields State Response Program (Program) conforming to applicable EPA requirements stated in the document Requirements for Quality Assurance Project Plans, QA/R-5, (EPA document EPA/240/B-01/003) dated March 2001 and re-issued May 31, 2006.

The Quality Management Plan for the Department of Environmental Quality (QMP), dated January 9, 2021, describes the NDDEQ quality management processes that are used to maintain NDDEQ’s data quality management system. This QAPP is consistent with the QMP and applicable EPA guidelines. This QAPP is considered the “blueprint” by which individual projects within the Program involving environmental data operations are implemented and assessed and specifies how quality assurance and quality control activities will be applied during a particular project. The Program will assure its contractors are familiar with and will comply with the requirements of the QMP and QAPP when collecting and evaluating data.

By federal law, EPA-funded entities where environmental data is collected must have an approved QAPP before data collection begins. The purpose of this requirement is to ensure that the data collected are of known and suitable quality and quantity. The QAPP is a written document that outlines the procedures to ensure data is collected, analyzed, stored, managed, and reported in a manner of high enough quality to meet Data Quality Objectives (DQO) for a specific project.

This QAPP is intended to serve as the basic umbrella document for all Program activities related to the collection of environmental data for asbestos, petroleum, and hazardous material site specific activities with details for each project to be outlined in a site-specific Sampling and Analysis Plan (SAP) (Attachment A), when applicable. SAPs will be prepared in accordance with the DQOs, practices, and standards within this QAPP.

A2. Distribution List The following NDDEQ personnel will receive copies of the Quality Assurance Project Plan for Brownfields State Response Program Sites:

1. Director, NDDEQ;

2. Director, Division of Waste Management;

3. Hazardous Waste Program Manager, Division of Waste Management;

4. Hazardous Waste /(Brownfields) Program Staff, Division of Waste Management;

5. Quality Assurance Manager, Division of Waste Management; and

6. Contractors/Service Providers as Needed.

A3. Project/Task Organization The Program is housed within the Hazardous Waste Program, which operates within the Division of Waste Management of the NDDEQ. Program operations will be conducted by the Hazardous Waste Program Manager and Hazardous Waste Program Staff. The NDDEQ and Division of Waste Management Directors have final authority to assign, approve, or deny Program activities.

Within the Program, the Designated Project Manager is assigned responsibility for Program activities. The Hazardous Waste Program Manager is responsible for ensuring all QA documents (including this QAPP) are maintained and updated as needed.

Within the Program, there are two distinct project areas:

1. Asbestos/hazardous materials assistance; and

2. Petroleum assistance.

These project areas are similar in scope and organization but differ in application.

Asbestos/hazardous materials assistance focuses on assessment and abatement of structures containing hazardous building materials, such as asbestos, but may also assist with the characterization and management of hazardous waste materials. Petroleum assistance focuses on petroleum contamination assessment and remedial actions at project sites. Each project area has a Designated Project Manager.

Contractors will also be hired by the Program to conduct field activities. Those contractors will report directly to the Project Manager for each project.

The Quality Assurance Manager position (QAM) for all Division of Waste Management Projects has been delegated to the Hazardous Waste Program. The QAM will be responsible for reviewing and approving all QA documents prepared by the Designated Project Manager or Program Manager.

A4. Problem Definition/Background Brownfield sites are abandoned sites with environmental concerns acting as a barrier to reuse.

The Program aims to reduce, or eliminate, environmental concerns at a subject property in order to encourage reuse of the property. Each property will have site-specific problem(s) to address.

The most common problems involve asbestos-containing materials, but other issues exist as well. These issues may include other hazardous materials/wastes present at a site, known or suspected petroleum contamination, or others.

The extent and magnitude of contamination at brownfield sites is not always known. The primary goals of an assessment are to determine what contamination or hazardous material/waste is present, the spatial extent of the contamination or amount of hazardous material/waste present on site and identify any receptors who may be affected by the contamination. Additional assessment goals may include identification of a source of contamination and/or an assessment of human or environmental health risk.

A5. Project/Task Description The nature and scope of Brownfields site-specific projects are variable. For example, asbestos assessments focus on the identification and quantification of asbestos-containing materials at a property. Asbestos assessments involve sampling of suspect building materials from the property, which are then visually inspected at a laboratory for the presence of asbestos fibers.

Petroleum assessments focus on delineating the horizontal and vertical extent of petroleum contamination in soils and groundwater, as well as assessing human or environmental health risks. Asbestos Air Monitoring and Air Clearance involve air sampling to detect asbestos fibers in the air. While the assessments have similar goals, the methods and expertise required are unique to each project. Table 1 gives a brief explanation of the most common assessment types.

Assessment Type Typical Contaminant of Concern

Media Assessed

Asbestos Asbestos-containing materials Building media, floor tiles, roofing, etc.

Hazardous Materials Various Unlabeled containers, unknown materials, abandoned equipment/supplies, etc.

Petroleum Petroleum hydrocarbons Soil, groundwater, soil vapors, etc.

Asbestos Air Monitoring/ Air Clearance Asbestos fibers Air

Table 1. Types of assessments conducted.

To address the varied nature of assessments, the Program utilizes Sampling and Analysis Plans (SAPs) for each project to ensure project activities are appropriate. More information on SAPs is provided in Section B. Data Generation and Acquisition.

Most sampling events will take place during the assessment phase of a project, however, there are instances where samples will need to be taken during site-specific cleanups for certain Brownfields projects. An SAP should be developed for any cleanup projects where sampling or air monitoring are expected to occur.

A6. Quality Objectives and Criteria The four primary assessment types involve a wide range of data collection activities. Some data collection activities, such as laboratory asbestos testing, involve few measurable data quality indicators and data validation methods. Others, such as petroleum sampling, have well-defined data quality standards and criteria established within laboratory analytical methods. All data collected will be complete and comparable as defined by the needs of the assessment.

A6.1. Asbestos Data Analytical asbestos testing is done on a visual basis at certified laboratories, and no equipment requiring calibration is used during sampling. Only in cases of lead-based X-Ray Fluorescence paint sampling or asbestos air sampling would a statement of the project DQO’s and measurement performance criteria be needed and would be included in the SAP.

Laboratories that analyze asbestos samples must be certified by the National Institute of Standards and Technology (NIST) National Voluntary Laboratory Accreditation Program. All asbestos analysis must be conducted pursuant to the methods listed in NDAC 33.1-15-24; 40 CFR § 745.227; and 40 CFR § 763.87. Samples analyzed using these methods must meet the data quality requirements of the identified methods.

A6.2. Laboratory Analysis Data Program staff may receive or review laboratory data. Laboratory data is used to characterize wastes, identify unknown materials, conduct lead paint analysis, or to identify environmental contamination. All laboratory waste analysis must be conducted pursuant to the following methods listed in the North Dakota Administrative Code (NDAC), the Code of Federal Regulations (CFR), the Toxic Substances Control Act (TSCA) rules, the Department of Housing and Urban Development (HUD), and in the case of occupied K-12 schools, the Asbestos Hazard Emergency Response Act (AHERA).

Laboratories that analyze hazardous wastes in North Dakota must be certified by the NDDEQ, Division of Chemistry. All hazardous waste analysis must be conducted pursuant to the methods listed in NDAC 33.1-24-01. Laboratories that analyze paint chips, dust, or soil samples for lead must be certified by the National Lead Laboratory Accreditation Program (NLLAP). All lead-paint related analysis must be conducted pursuant to the methods listed in 40 CFR § 763.31 and TSCA § 405(b).

Laboratory analysis of asbestos air samples for final air clearance using the Transmission Electron Microscopy (TEM) method must be measured according to 40 CFR § 763 Appendix A.

For Phase Contrast Microscopy (PCM) analysis, the collection and analysis of fibers on each filter cartridge must be measured according to the NIOSH 7400 Method. Quality assurance samples, such as field blanks, duplicates, equipment blanks, and matrix spike samples must meet laboratory quality standards. Due to the variable nature of the projects conducted by the program, the frequency of quality assurance samples must be addressed in the SAP.

Blank samples are field samples collected in the same manner and with the same equipment as a field sample but using clean media. These samples should contain non-detect or background levels of the contaminant of concern. Samples with elevated levels of the contaminant of concern indicate the potential for cross contamination of field samples.

Duplicate samples are field samples taken using the same procedures and equipment as a field sample. They are collected at the same time as the field sample, and the analytical results should be closely related. If a duplicate sample and the corresponding sample differ greatly, there may be issues with the sampling methodology.

Matrix spike samples are field samples that are spiked (contaminant added) with a known concentration of contaminant. These samples are analyzed for the recovery of the known analyte. Matrix spike samples are typically reported in percent recovery. Low recovery means an analysis result may be biased low, while high recovery means an analysis result may be biased high.

Data quality objectives for laboratory analysis vary depending on the contaminant of concern, the media sampled, the sampling conditions, sample and analysis methodology, and other factors. All data quality objectives must be discussed and established prior to sampling activities beginning. The SAP will detail all relevant data quality objectives. Program staff and contractors are responsible for ensuring all collected data meets the data quality objectives for the specific project. Failure to meet any of the data quality objectives will result in data that is not considered “accurate” and is therefore unusable.

A6.3. Environmental Site Assessments Environmental site assessments will be conducted in accordance with ASTM standards for Phase I and Phase II environmental site assessments (Phase I/II ESAs). Some information collected during a Phase I/II ESA may have been collected from a third-party source (I.e.; record reviews, historical records, aerial photography). In these cases, the data will be assumed to have been collected following industry standards as long as the ESA has a statement of quality (or similar provision). Substandard third-party data, such as evidence of inaccurate data collection, improper or doctored photographs, or other data oddities must be identified by Program staff.

A6.4. Precision, Bias, and Representativeness All samples will be collected in ways that ensure high levels of precision, control for bias, and are representative. Precision is defined as the agreement among repeated measurements of the same property under identical or similar conditions. Bias is defined as the positive or negative deviation from a true value. Representativeness discusses whether a sample is representative of the assessed component.

Due to the varied nature of the samples collected and taken, all aspects will be assessed to the level reasonable for the nature of the sample/analysis. In laboratory methods, QA procedures will be utilized, as well as reviewing the collection and analysis of samples as appropriate.

A7. Special Training/Certifications All on-site employees of hazardous waste contractors and Program staff must have completed the 40-hour Hazardous Waste Operations (HAZWOPER) certification as well as annual 8-hour HAZWOPER refreshers. Program staff must also complete the training requirements documented in any SOPs that must be used during Program operations.

Asbestos Program staff working with Brownfields Program staff on Brownfields projects must have completed training dependent upon their role in the project and will comply with all certification and licensure requirements listed in NDAC 33.1-15-13-01.2.

All on-site employees of asbestos contractors must comply with all certification and licensure requirements, notification requirements, and emission standards for hazardous air pollutants listed in NDAC 33.1-15-13-01.2.

All on-site employees of lead-based paint contractors must comply with all certification and licensure requirements, notification requirements, and lead-based paint standards listed in

NDAC 33.1-15-24-02.

It is the duty of the Hazardous Waste Program Manager to ensure all NDDEQ staff have received the appropriate training. NDDEQ training records are maintained in the PeopleSoft system.

Contractor training records are required to be submitted with bid requests for all Brownfields projects.

A8. Documentation and Records All documentation must be maintained in accordance with the Program document retention policy. Records are maintained in an electronic format whenever possible. All electronic documents are maintained in the Hazardous Waste Archive with procedures described in the Hazardous Waste Program Document Storage SOP. Records retention policies are maintained by the North Dakota Department of Information Technology and can be found at https://apps.nd.gov/itd/recmgmt/rm/recSer/search/.

B. DATA GENERATION/ACQUISITION

B1. Sampling Process Design Contractors are hired for most sampling and assessment activities. When conducting sampling activities, an SAP for each individual site is prepared by the contractor and reviewed by Program staff. The SAP is a site-specific document created by the contractor that identifies the site and project-specific information. The components of an SAP are discussed in sections B1 through https://apps.nd.gov/itd/recmgmt/rm/recSer/search/

B.4. An example/template SAP for asbestos and hazardous material assessments has been included as Attachment A.

B1.1. Introduction The Introduction identifies site-specific information for the project. This includes:

1. Site description and history;

2. Health and safety concerns;

3. Contaminants of concerns;

4. Scope of work; and

5. Project objectives.

These sections are identified in the example SAP included with this document. However, documents that use other terms for the same information may also be acceptable.

B1.2. Quality Assurance/Control The SAP should address all quality assurance/quality control (QA/QC) concerns for the project.

This includes:

1. Special Training/Certification Requirements;

2. Sampling Methods & Locations;

3. QA/QC Methods; and

4. Instrument Calibration/Maintenance.

These sections are included in the example SAP. Other sections may need to be added, or some sections may be modified as needed. The Project Manager will be responsible for ensuring SAPs are completed as appropriate for the project. At a minimum, the four categories of QA/QC must be addressed in an SAP.

B1.3. Regulatory Criteria All applicable regulatory criteria must be listed in the SAP. This section is variable, but will commonly include information about the definition of asbestos-containing materials, delineation requirements, corrective action goals, hazardous materials/wastes determinations, and lead-based paint regulatory levels. The SAP must be reviewed by the Project Manager to ensure appropriate regulatory levels have been identified for the project. Table 3 gives a brief summary of common regulatory criteria considered during assessments.

Assessment Type Criteria of Concern Regulatory Limit Note

Asbestos Percent regulated asbestos containing material (ACM)

Contains greater than 1.0% friable asbestos

Asbestos-containing material may be considered friable or non-friable.

Hazardous Wastes Hazardous waste characteristics

Meets the regulatory definition of a hazardous waste as defined in NDAC 33.1- 24-02.

Hazardous wastes may be listed or characteristic. See Hazardous Waste Program Staff for guidance.

Petroleum Petroleum concentrations

NDDEQ Risk-Based Corrective Action (NDRBCA) Levels

Refer to NDRBCA guidance documents for site-specific requirements.

Hazardous Materials Hazardous material concentrations

NDDEQ Risk-Based Corrective Action Levels

Refer to NDRBCA guidance documents for site-specific requirements.

Lead-Based Paint Lead

Contains lead equal to or exceeding 5000 ppm, 1.0 mg/cm2, or 0.5% by weight.

May be present in paint or other surface coatings.

Asbestos Continuous Air Monitoring Asbestos in air

Inside Containment-

1.0 fibers/ cubic centimeter Outside Containment-

0.009 fibers/ cubic centimeter.

Refer to Attachments C and D

Asbestos Final Air Clearance Asbestos in air

TEM- 70 structures/ square millimeter PCM- 0.01 fibers/ cubic centimeter.

Refer to Attachments C and D

Table 2. Common regulatory limits for different assessments.

B2. Sampling Methods The SAP should describe the procedures for collecting samples. Where appropriate, the SAP will identify approved sampling and analytical methods. The SAP should indicate that the disposal of investigation derived waste will be performed in accordance with current EPA guidance.

If instruments are needed for sampling, the SAP should indicate that the instrument(s) must be calibrated, deployed, operated, and maintained to avoid cross-contamination and to ensure reliable information is collected.

EPA approved bulk sampling methods for asbestos can be found in 40 CFR § 763.86.

EPA approved methods for lead paint chip, dust, and soil sampling can be found in 40 CFR §

745.227. HUD approved methods for X-ray Fluorescence (XRF) sampling can be found EPA publication 747-R-95-0008 (1997).

AHERA air-clearance sampling must be completed according to the NIOSH 7400 PCM Method as allowed in AHERA 763.90 (i)(5) and according to the requirements of 40 CFR 763 Subpart E (AHERA) Appendix A (III)(B)(7)(d) depending upon project size. Air Samples must be taken as required by 40 CFR Part 763, Subpart E, Appendix A, Section III (B)(7).

B3. Sample Handling and Custody Contractors will comply with sample handling and custody procedures required by the receiving laboratory. Sample handling includes packaging, shipment from the site, chain-of-custody, and storage at the laboratory.

B4. Analytical Methods All analytical methods must be EPA approved. Laboratories conducting the analysis must be certified by the NDDEQ Division of Chemistry.

B5. Quality Control Quality control is a continuous process. The Program Manager is responsible for ensuring projects meet all quality objectives.

B6. Instrument/Equipment Testing, Inspection, and Maintenance Equipment must be inspected and tested prior to use in the field.

B7. Instrument/Equipment Calibration and Frequency Instruments must be calibrated before each use or in compliance with manufacturer recommendations.

B8. Inspection/Acceptance for Supplies and Consumables Contractors are responsible for all supplies and consumables they use on site. Materials with an expiration date may not be used once the expiration date has passed. Contractors are required to dispose of all waste material appropriately.

B9. Use of Existing Data (Non-Direct Measurements) Existing data (prior assessments) may be used if it meets the data quality standards of complete, accurate, and verifiable. One other consideration for existing data is timeliness. If the data is existing, it may have met the data quality standards at the time of collection. However, if an extended period has passed, the data may no longer be representative. Due to the variable nature of projects, it will be up to the Program staff to determine if existing data meets the additional requirement of timeliness. Asbestos values on analytical reports in the 2-3% range should be re-sampled, and point counted for a more accurate determination.

B10. Data Management All data will be summarized in reports which will be stored in the Hazardous Waste Archive. Raw sample results, measurements, and other datapoints will be maintained in project files by Program staff.

C. ASSESSMENT AND OVERSIGHT

C1. Assessments and Response Actions The SAP will identify the type of assessment activities needed for the project. All SAPs generated by the Program will be peer-reviewed by a Program QAO prior to completion of the document and all data collected under the SAP will undergo data quality assessment in accordance with this QAPP.

C2. Reports to Management All assessments must be summarized in a final report. The final report will include the following sections:

1. Introduction;

2. Site History and purpose of the assessment;

3. Summary of work completed and relevant findings of the assessment;

4. Sampling and analytical procedures used;

5. Pictures and location descriptions of all samples taken;

6. Description of all material sampled including approximate quantities identified;

7. Conclusions and discussion;

8. Pictures of the site, sample locations, and a detailed map of the site;

9. Laboratory analysis results and chain of custody paperwork; and

10. Copies of contractor and laboratory asbestos/hazardous material certifications and accreditations.

This final report will be prepared by the assessment contractor and approved by Program staff.

D. DATA VALIDATION AND USABILITY

D1. Data Review, Verification, and Validation Data will be continually reviewed to ensure it meets all quality objectives. The data will be verified using documentation of sampling procedures and final reports, and it will be validated through the meeting of quality objectives.

D2. Unfit Data Data found to be unfit for any purpose must not be accepted by the Program. Data that is determined to not meet QA/QC, DQOs, or other concerns must be omitted from consideration during site management activities. Rejection of unfit data may result in a site having insufficient data to meet the goals of the project. In such a case, it will be up to the contributing parties to identify acceptable alternatives. If it is discovered that unfit data was used in project management, the Program Manager must immediately notify the Director of the Division of Waste Management and conduct an audit of the affected project.

D3. Dispute Resolution If the Program determines data is unfit for use, the contractor may dispute the claim. In this case, the contractor and Program will review all applicable information relating to the collection of the data in question, the data quality standards, the QA/QC practices, and all other information to make a joint determination. If the Program and the contractor are unable to come to a consensus, the dispute will be elevated to the appropriate procurement dispute resolution practices.

Attachment A: Site-Specific Sampling and Analysis Plan (SAP)

SAMPLING AND ANALYSIS PLAN

for

BROWNFIELDS STATE RESPONSE PROGRAM SITE

ASBESTOS/HAZARDOUS MATERIALS ASSESSMENTS

Prepared by:

Derek Hall, Environmental Scientist

Hazardous Waste Program Brownfields State Response Program

Division of Waste Management North Dakota Department of Environmental Quality

April 2025

Revision No. 2.0

Table of Contents

A. INTRODUCTION……………………………………………………………………………………………………………………..3

A1. Site Location

A2. Health and Safety

A3. Contaminants of Concern

A4. Scope of Work

A5. Project Objectives

B. QUALITY ASSURANCE/CONTROL

B1. Sampling Methods

B2. Instrumentation

C. REGULATORY CRITERIA

C1. Asbestos

C2. Lead Based Paint

C3. Hazardous Materials/Wastes…………….…………………………..……………………………………………………5

D. REPORTING

Attachments

Attachment A: Copy of Consultant Sampling Instrument Certifications/Training (if applicable)

Attachment B: Consultant Instrument Calibration and Inspection Plan

A. INTRODUCTION

This Sampling and Analysis Plan (SAP) was prepared for use on all site assessments utilizing US Environmental Protection Agency (EPA) Brownfields funding. This SAP was developed as part of the North Dakota Brownfields State Response Program (Program) Quality Assurance Project Plan

(QAPP).

Contaminants that may be found at this site include asbestos containing materials (ACM), asbestos fibers in air, lead based paint (LBP), polychlorinated biphenyls (PCBs), hazardous and universal wastes, petroleum hydrocarbons, and other environmental contaminants.

A1. Site Description and History

Site Name: <Enter Site/Project Name>

Address: <911 Address of the Site>

County: <County Name>

Site Acreage: <Area of Site in Acres>

Latitude/Longitude: <Lat/Long of approximate center of site in Decimal Degrees using WGS84>

Site Description:

<Insert description of the site location and history. Include any plans for development or possible development. If a previous site investigation has been completed, it may be included as an attachment and referenced in this section instead. >

A2. Health and Safety <Name of Contractor> is responsible for making sure all required certifications, depending upon the contaminants of concern, are up to date. Compliance with all Occupational Safety and Health Administration (OSHA) rules onsite and providing employees with the correct Personal Protective Equipment (PPE) are also the responsibility of the contractor.

A3. Contaminants of Concern Potential environmental concerns for this project:

☐ Asbestos

☐ Lead-based Paint

☐ PCBs

☐ Hazardous Wastes

☐ Universal Wastes

☐ Petroleum Hydrocarbons

☐ Other:

A4. Scope of Work <Insert scope of work for project, will be based on the details provided in the bid request/invitation.>

A5. Project Objectives The objectives of an assessment are to conduct sampling, analysis, and reporting of the sites contaminants of concern in order to identify materials that may need to be removed before site work may occur.

B. QUALITY ASSURANCE/CONTROL

Contractor will conduct all sampling and reporting activities, as determined by the NDDEQ bid request/invitation and purchase of service agreement. Contractor will comply with sample handling, quality control, and custody procedures required by the receiving laboratory.

B1. Sampling Methods EPA approved bulk sampling methods for asbestos can be found in 40 CFR § 763.86.

EPA approved methods for lead paint chip, dust, and soil sampling can be found in 40 CFR §

745.227. HUD approved methods for X-ray Fluorescence (XRF) sampling can be found EPA publication 747-R-95-0008 (1997).

AHERA air-clearance sampling must be completed according to the NIOSH 7400 PCM Method as allowed in AHERA 763.90 (i)(5) and according to the requirements of 40 CFR 763 Subpart E (AHERA) Appendix A (III)(B)(7)(d) depending upon project size. Air Samples must be taken as required by 40 CFR Part 763, Subpart E, Appendix A, Section III (B)(7).

B2. Instrumentation If instruments are needed for sampling the instrument(s) must be calibrated, deployed, operated, and maintained to avoid cross-contamination and to ensure reliable information is collected.

C. REGULATORY CRITERIA

Transporters of solid waste materials must have a valid North Dakota Solid Waste Transporter Permit issued by the NDDEQ. All methods used by laboratories for analytical testing must be EPA approved.

C1. Asbestos Laboratories that analyze asbestos samples must be certified by the National Institute of Standards and Technology (NIST) National Voluntary Laboratory Accreditation Program. All asbestos analysis must be conducted pursuant to the methods listed in NDAC 33.1-15-24; 40 CFR § 745.227; and 40 CFR § 763.87.

Laboratory analysis of asbestos air samples for final air clearance using the Transmission Electron Microscopy (TEM) method must be measured according to 40 CFR § 763 Appendix A.

For Phase Contrast Microscopy (PCM) analysis, the collection and analysis of fibers on each filter cartridge must be measured according to the NIOSH 7400 Method.

C2. Lead-Based Paint Laboratories that analyze paint chips, dust, or soil samples for lead must be certified by the National Lead Laboratory Accreditation Program (NLLAP). All lead-paint related analysis must be conducted pursuant to the methods listed in 40 CFR § 763.31 and TSCA § 405(b).

C2. Hazardous Materials/Wastes Laboratories that analyze hazardous wastes in North Dakota must be certified by the NDDEQ, Division of Chemistry. All hazardous waste analysis must be conducted pursuant to the methods listed in NDAC 33.1-24-02.

D. REPORTING

All assessments must be summarized in a final report that will be prepared by the contractor and approved by Program staff.. The final report will include the following sections:

1. Introduction.

2. Site History and purpose of the assessment.

3. Summary of work completed and relevant findings of the assessment.

4. Sampling and analytical procedures used.

5. Pictures and location descriptions of all samples taken.

6. Description of all asbestos/hazardous material containing material sampled including approximate quantities identified.

7. Conclusions and Discussion.

8. Pictures and detailed map of site.

9. Laboratory analysis results and chain of custody paperwork.

10. Copies of contractor and laboratory asbestos/hazardous material certifications and accreditations.

Attachment A Copy of Consultant Sampling Instrument Certifications/Training (if applicable)

Attachment B Consultant Instrument Calibration and Inspection Plan

Attachment B: ASTM Standards for Phase I/II ESAs

Designation: E1527 − 13

Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process1

This standard is issued under the fixed designation E1527; the number immediately following the designation indicates the year of original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A superscript epsilon (´) indicates an editorial change since the last revision or reapproval.

1. Scope

1.1 Purpose—The purpose of this practice is to define good

commercial and customary practice in the United States of America for conducting an environmental site assessment2 of a parcel of commercial real estate with respect to the range of contaminants within the scope of the Comprehensive Environ-mental Response, Compensation and Liability Act (CERCLA) (42 U.S.C. §9601) and petroleum products. As such, this practice is intended to permit a user to satisfy one of the requirements to qualify for the innocent landowner, contiguous property owner, or bona fide prospective purchaser limitations on CERCLA liability (hereinafter, the “landowner liability protections,” or “LLPs”): that is, the practice that constitutes all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial and custom-ary practice as defined at 42 U.S.C. §9601(35)(B). (See Appendix X1 for an outline of CERCLA’s liability and defense provisions.) Controlled substances are not included within the scope of this standard. Persons conducting an environmental site assessment as part of an EPA Brownfields Assessment and Characterization Grant awarded under CERCLA 42 U.S.C.

§9604(k)(2)(B) must include controlled substances as defined in the Controlled Substances Act (21 U.S.C. §802) within the scope of the assessment investigations to the extent directed in the terms and conditions of the specific grant or cooperative agreement. Additionally, an evaluation of business environ-mental risk associated with a parcel of commercial real estate may necessitate investigation beyond that identified in this practice (see Sections 1.3 and 13).

1.1.1 Recognized Environmental Conditions—In defining a

standard of good commercial and customary practice for conducting an environmental site assessment of a parcel of property, the goal of the processes established by this practice is to identify recognized environmental conditions. The term recognized environmental conditions means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. De minimis conditions are not recognized environmental conditions.

1.1.2 Petroleum Products—Petroleum products are included

within the scope of this practice because they are of concern with respect to many parcels of commercial real estate and current custom and usage is to include an inquiry into the presence of petroleum products when doing an environmental site assessment of commercial real estate. Inclusion of petro-leum products within the scope of this practice is not based upon the applicability, if any, of CERCLA to petroleum products. (See X1.1.2.1 for discussion of petroleum exclusion to CERCLA liability.)

1.1.3 CERCLA Requirements Other Than Appropriate

Inquiries—This practice does not address whether require-ments in addition to all appropriate inquiries have been met in order to qualify for the LLPs (for example, the duties specified in 42 U.S.C. §9607(b)(3)(a) and (b) and cited in Appendix X1, including the continuing obligation not to impede the integrity and effectiveness of activity and use limitations (AULs), or the duty to take reasonable steps to prevent releases, or the duty to comply with legally required release reporting obligations).

1.1.4 Other Federal, State, and Local Environmental

Laws—This practice does not address requirements of any state or local laws or of any federal laws other than the all appropriate inquiries provisions of the LLPs. Users are cau-tioned that federal, state, and local laws may impose environ-mental assessment obligations that are beyond the scope of this practice. Users should also be aware that there are likely to be other legal obligations with regard to hazardous substances or petroleum products discovered on the property that are not addressed in this practice and that may pose risks of civil and/or criminal sanctions for non-compliance.

1 This practice is under the jurisdiction of ASTM Committee E50 on Environ-mental Assessment, Risk Management and Corrective Action and is the direct responsibility of Subcommittee E50.02 on Real Estate Assessment and Manage-ment.

Current edition approved Nov. 1, 2013. Published November 2013. Originally approved in 1993. Last previous edition approved in 2005 as E1527 – 05. DOI:

10.1520/E1527-13.

2 All definitions, descriptions of terms, and acronyms are defined in Section 3.

Whenever terms defined in 3.2 are used in this practice, they are in italics.

Copyright © ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959. United States

This international standard was developed in accordance with internationally recognized principles on standardization established in the Decision on Principles for the Development of International Standards, Guides and Recommendations issued by the World Trade Organization Technical Barriers to Trade (TBT) Committee.

1Copyright by ASTM Int'l (all rights reserved); Mon Mar 30 11:49:57 EDT 2020 Downloaded/printed by Mary Gebhardt (ND Department of Environmental Quality) pursuant to License Agreement. No further reproductions authorized.

1.1.5 Documentation—The scope of this practice includes

research and reporting requirements that support the user’s ability to qualify for the LLPs. As such, sufficient documenta-tion of all sources, records, and resources utilized in conduct-ing the inquiry required by this practice must be provided in the written report (refer to 8.1.9 and 12.2).

1.2 Objectives—Objectives guiding the development of this

practice are (1) to synthesize and put in writing good commer-cial and customary practice for environmental site assessments for commercial real estate, (2) to facilitate high quality, standardized environmental site assessments, (3) to provide a practical and reasonable standard practice for conducting all appropriate inquiries, and (4) to clarify an industry standard for all appropriate inquiries in an effort to guide legal interpretation of the LLPs.

1.3 Considerations Beyond Scope—The use of this practice

is strictly limited to the scope set forth in this section. Section 13 of this practice identifies, for informational purposes, certain environmental conditions (not an all-inclusive list) that may exist on a property that are beyond the scope of this practice, but may warrant consideration by parties to a com-mercial real estate transaction. The need to include an inves-tigation of any such conditions in the environmental profes-sional’s scope of services should be evaluated based upon, among other factors, the nature of the property and the reasons for performing the assessment (for example, a more compre-hensive evaluation of business environmental risk) and should be agreed upon between the user and environmental profes-sional as additional services beyond the scope of this practice prior to initiation of the environmental site assessment process.

1.4 Organization of This Practice—This practice has thir-

teen sections and five appendixes. Section 1 is the Scope.

Section 2 is Referenced Documents. Section 3, Terminology, has definitions of terms not unique to this practice, descriptions of terms unique to this practice, and acronyms. Section 4 is Significance and Use of this practice. Section 5 provides discussion regarding activity and use limitations. Section 6 describes User’s Responsibilities. Sections 7 – 12 are the main body of the Phase I Environmental Site Assessment, including evaluation and report preparation. Section 13 provides addi-tional information regarding non-scope considerations (see 1.3). The appendixes are included for information and are not part of the procedures prescribed in this practice. Appendix X1 explains the liability and defense provisions of CERCLA that will assist the user in understanding the user’s responsibilities under CERCLA; it also contains other important information regarding CERCLA, the Brownfields Amendments, and this practice. Appendix X2 provides the definition of the environ-mental professional responsible for the Phase I Environmental Site Assessment, as required in the “All Appropriate Inquiries” Final Rule (40 C.F.R. Part 312). Appendix X3 provides an optional User Questionnaire to assist the user and the environ-mental professional in gathering information from the user that may be material to identifying recognized environmental con-ditions. Appendix X4 provides a recommended table of con-tents and report format for a Phase I Environmental Site Assessment. Appendix X5 summarizes non-scope consider-ations that persons may want to assess.

1.5 This standard does not purport to address all of the

safety concerns, if any, associated with its use. It is the responsibility of the user of this standard to establish appro-priate safety and health practices and determine the applica-bility of regulatory limitations prior to use.

1.6 This practice offers a set of instructions for performing one or more specific operations. This document cannot replace education or experience and should be used in conjunction with professional judgment. Not all aspects of this practice may be applicable in all circumstances. This ASTM standard is not intended to represent or replace the standard of care by which the adequacy of a given professional service must be judged, nor should this document be applied without consideration of a project’s many unique aspects. The word “Standard” in the title means only that the document has been approved through the ASTM consensus process.

2. Referenced Documents

2.1 ASTM Standards:3

E2091 Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls

E2600 Guide for Vapor Encroachment Screening on Prop-erty Involved in Real Estate Transactions

2.2 Federal Statutes:

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA” or “Super-fund”), as amended by Superfund Amendments and Re-authorization Act of 1986 (“SARA”) and Small Business Liability Relief and Brownfields Revitalization Act of 2002 (“Brownfields Amendments”), 42 U.S.C. §§9601 et seq.

Emergency Planning and Community Right-To-Know Act of 1986 (“EPCRA”), 42 U.S.C. §§11001 et seq.

Freedom of Information Act, 5 U.S.C. §552, as amended by Public Law No. 104-231, 110 Stat. 3048

Resource Conservation and Recovery Act (also referred to as the Solid Waste Disposal Act), as amended (“RCRA”), 42 U.S.C §6901 et seq.

2.3 USEPA Documents:

“All Appropriate Inquiries” Final Rule, 40 C.F.R. Part 312 Chapter 1 EPA, Subchapter J-Superfund, Emergency

Planning, and Community Right-To-Know Programs, 40 C.F.R Parts 300-399

National Oil and Hazardous Substances Pollution Contin-gency Plan, 40 C.F.R. Part 300

2.4 Other Federal Agency Document:

OSHA Hazard Communication Regulation, 29 C.F.R.

§1910.1200

3. Terminology

3.1 This section provides definitions, descriptions of terms, and a list of acronyms for many of the words used in this practice. The terms are an integral part of this practice and are critical to an understanding of the practice and its use.

3 For referenced ASTM standards, visit the ASTM website, www.astm.org, or contact ASTM Customer Service at service@astm.org. For Annual Book of ASTM Standards volume information, refer to the standard’s Document Summary page on the ASTM website.

E1527 − 13

2Copyright by ASTM Int'l (all rights reserved); Mon Mar 30 11:49:57 EDT 2020

Mary Gebhardt (ND Department of Environmental Quality) pursuant to License Agreement. No further reproductions authorized.

3.2 Definitions:

3.2.1 abandoned property—property that can be presumed to be deserted, or an intent to relinquish possession or control can be inferred from the general disrepair or lack of activity thereon such that a reasonable person could believe that there was an intent on the part of the current owner to surrender rights to the property.

3.2.2 activity and use limitations—legal or physical restric-tions or limitations on the use of, or access to, a site or facility:

(1) to reduce or eliminate potential exposure to hazardous substances or petroleum products in the soil, soil vapor, groundwater, and/or surface water on the property, or (2) to prevent activities that could interfere with the effectiveness of a response action, in order to ensure maintenance of a condition of no significant risk to public health or the environ-ment. These legal or physical restrictions, which may include institutional and/or engineering controls, are intended to pre-vent adverse impacts to individuals or populations that may be exposed to hazardous substances and petroleum products in the soil, soil vapor, groundwater, and/or surface water on the property. See Note 1.

NOTE 1—The term AUL is taken from Guide E2091 to include both legal (that is, institutional) and physical (that is, engineering) controls within its scope. Other agencies, organizations, and jurisdictions may define or utilize these terms differently (for example, EPA and California do not include physical controls within their definitions of “institutional controls.” Department of Defense and International County/City Manage-ment Association use “Land Use Controls.” The term “land use restric-tions” is used but not defined in the Brownfields Amendments).

3.2.3 actual knowledge—the knowledge actually possessed by an individual who is a real person, rather than an entity.

Actual knowledge is to be distinguished from constructive knowledge that is knowledge imputed to an individual or entity.

3.2.4 adjoining properties—any real property or properties the border of which is contiguous or partially contiguous with that of the property, or that would be contiguous or partially contiguous with that of the property but for a street, road, or other public thoroughfare separating them.

3.2.5 aerial photographs—photographs taken from an aerial platform with sufficient resolution to allow identification of development and activities of areas encompassing the property.

Aerial photographs are often available from government agen-cies or private collections unique to a local area. See 8.3.4.1 of this practice.

3.2.6 all appropriate inquiries—that inquiry constituting all appropriate inquiries into the previous ownership and uses of the property consistent with good commercial and customary practice as defined in CERCLA, 42 U.S.C §9601(35)(B), that will qualify a party to a commercial real estate transaction for one of the threshold criteria for satisfying the LLPs to CERCLA liability (42 U.S.C §9601(35)(A) & (B), §9607(b)(3), §9607(q); and §9607(r)), assuming compliance with other elements of the defense. See Appendix X1.

3.2.7 approximate minimum search distance—the area for which records must be obtained and reviewed pursuant to Section 8 subject to the limitations provided in that section.

This may include areas outside the property and shall be measured from the nearest property boundary. This term is used in lieu of radius to include irregularly shaped properties.

3.2.8 bona fide prospective purchaser liability protection— (42 U.S.C. §9607(r))—a person may qualify as a bona fide prospective purchaser if, among other requirements, such person made “all appropriate inquiries into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and prac-tices.” Knowledge of contamination resulting from all appro-priate inquiries would not generally preclude this liability protection. A person must make all appropriate inquiries on or before the date of purchase. The facility must have been purchased after January 11, 2002. See Appendix X1 for the other necessary requirements that are beyond the scope of this practice.

3.2.9 Brownfields Amendments—amendments to CERCLA

pursuant to the Small Business Liability Relief and Brown-fields Revitalization Act, Pub. L. No. 107-118 (2002), 42 U.S.C. §§9601 et seq.

3.2.10 building department records—those records of the local government in which the property is located indicating permission of the local government to construct, alter, or demolish improvements on the property. Often building de-partment records are located in the building department of a municipality or county. See 8.3.4.7.

3.2.11 business environmental risk—a risk which can have a material environmental or…