ATTACHMENT 01 - Scope of Work (162 pages).pdf

Scope of Work

Phase 1 Environmental Baseline Survey Project Number VBDZ222110

BACKGROUND:

The 109th Airlift Wing is pursuing a lease acquisition of two parcels located north of the existing leased base parcel. Parcel A is 3.45 acres, and Parcel B is 2.54 acres. Maps of each parcel, and corresponding tax ID, if known, are shown in Appendix A. Total acreage of proposed lease acquisition is 5.99 acres. The parcels require a Phase I Environmental Baseline Survey (EBS) to be conducted in accordance with Air Force Instruction (AFI) 32-7020 Attachment 3, and American Society for Testing and Materials (ASTM) D6008-96, as part of the Department of Defense lease acquisition process.

DESCRIPTION:

The Contractor shall provide all services and materials to provide an EBS in compliance with AFI 32-7020 Attachment 3 (see Appendix B), and the most current ASTM International Standard Practice for Conducting Environmental Baseline Surveys (ASTM D6008-96).

SCOPE:

1. A Phase I EBS is to be performed on the two contiguous parcels shown in Appendix A. EBS to be in compliance with AFI 32-7020 Attachment 3 (Appendix B). EBS shall also meet the Environmental Protection Agency “All Appropriate Inquiry” requirements defined in 40 CFR 312.

2. An Environmental Professional, as defined in 40 CFR 312, shall complete the EBS. Documentation demonstrating the qualifications of this individual (or individuals) is required as part of the project proposal, and the finished EBS deliverable. Documentation to include current licenses, diplomas, examples of relevant work experience, and/or other evidence of meeting the definition of an environmental professional.

3. The EBS is to document existing and past environmental conditions of the two parcels.

4. Property access for Site Inspection is to be coordinated through the Contracting Officer’s

Representative (COR). The COR will coordinate access with the current parcel owners. Contractor to provide a minimum of 7 calendar days’ notice prior to access of parcels.

5. EBS to be written in mandatory format outlined in Section A3.4 of AFI 32-7020 Attachment 3.

6. Based on the findings, the EBS report shall categorize the presence of hazardous substances or petroleum products or their derivatives for each property or area, using the environmental condition Categories 1 thru 7 as described in section A3.3.5.3. Conclusions of AFI 32-7020 Attachment 3.

7. Contractor is to make the recommendations in the EBS report as described in section A3.3.5.4.1. of AFI 32-7020 Attachment 3, based on the conclusions related to the presence of hazardous substances or petroleum products or their derivatives.

8. EBS certification to be included as part of the deliverable from Contractor and to follow the format outlined in Section A3.5.

9. Contractor to perform a visual site inspection (VSI) per AFI 32-7020 Attachment 3. A template VSI checklist is available in section A3.8 of the AFI, and is also included in Appendix C.

10. All photographs shall be clearly numbered and/or labeled with an approved nomenclature to demonstrate the location of where the photograph was taken on the parcel, and the specific parcel identification. COR to review and approve proposed nomenclature as part of the draft review process.

11. Contractor to complete required document reviews. Template document review forms are included in Appendix D.

12. Contractor to complete Owner/Occupant Interviews. Template interview forms are included in Appendix E.

13. The purpose of the EBS in a property acquisition action is to document the condition of the land at time of transfer to ensure:

• The Federal agency is aware of the environmental conditions associated with the property prior to taking control of the property,

• The Federal agency accepting control is not held liable for contamination caused by activities that occurred prior to the transfer taking place, and

• The Federal agency accepting control does not incur liability or financial responsibility for contamination caused by another Federal agency

Additional information is included in Appendix F, Technical Information Paper No. 38-001-03, Environmental Condition of Property Investigations.

CONTRACTOR REQUIREMENTS

1. The Contractor will provide documentation to demonstrate the Environmental Professional requirements, as defined in 40 CFR 312.

2. The Contractor shall provide draft reports for review prior to finalizing the EBS. Draft reports will be reviewed by the 109th Civil Engineering Squadron and representatives at National Guard Bureau/

3. Anti-terrorism (AT) Level I Training. This standard language is for contractor employees with an area of performance within a Government controlled installation, facility or area. All contractor employees, to include subcontractor employees, requiring access to Government Installations, Facilities and Controlled Access areas shall complete AT Level I awareness training within 10 calendar days after contract start date or effective date of incorporation of this requirement into the contract, whichever is applicable. Certificates of completion for each affected contractor employee and subcontractor employee will be maintained by the COR or Antiterrorism Representative. AT level I Awareness Training is available through My Learning by completing the Force Protection Computer Based Training (CBT). For Contractors that do not require issuance of a Common Access Card (CAC), local training will be provided during badge issuance at Security Forces Squadron (SFS) via informational binder.

4. Requirement for Operations Security (OPSEC) Training. In accordance with AFI 10-701, Operations Security, OPSEC Program Managers/Signature Management Officers/Signature Management Non-Commissioned Officers (PMs/SMO/SMNCOs)/Coordinators will provide OPSEC training or training materials to contract employees within 90 days of employees’ initial assignment to the contract and annually thereafter. General organizational orientations may need to be supplemented by duty-related orientations in the work center targeted toward specific critical information and vulnerabilities associated with the work. Initial training (OPSE 1301 - OPSEC Fundamentals) and refresher training (Protecting Sensitive Information) are both available on the My Learning website. For Contractors that do not require issuance of a CAC, local training will be provided during badge issuance at SFS via informational binder.

5. The use and possession of controlled substances to include marijuana (medical or recreational use) on the installation is in violation of Title 10 US Code 912a. Art 112a. Contractors are notified this policy is strictly enforced and violators will be denied entry. Personnel caught on the installation can be prosecuted.

6. For Contractors that do not require CAC, but require access to a DoD Facility and/or Installation. Contractor and all associated sub-contractors employees shall comply with adjudication standards and procedures using the National Crime Information Center Interstate Identification Index (NCIC-III) and Terrorist Screening Database (TSDB) (AFI 31-101 and AFI 10-245), applicable installation, facility and area commander installation/facility access and local security policies and procedures (provided by government representative), or, at Outside the Contiguous United States (OCONUS) locations, in accordance with status of forces agreements and other theater regulations.

PROPOSED PROJECT SCHEDULE

Contractor to provide first Draft of Phase I EBS by 1 OCT 2022. Upon receipt of comments on first draft, the second/final document is to be submitted within 14 calendar days of comment receipt. If second draft requires additional revisions, Contractor can expect an additional, final third document to be required.

Final Phase I EBS is to be sent to COR by 31 DEC 2022.

The following two parcels are to be included in the Phase I EBS:

Parcel A:

• County Parcel = 3.45 acres

• Currently a portion of the Schenectady County Airport property

• Previously known as the Olsen Property

Parcel B:

• 13 Habel Lane Parcel = 2.54 acres

• Tax ID = 22.-1-13.121

A: County Parcel

B: 13 Habel Lane

APPENDIX A

5.99 Acres Total

1399986059C Underline

PARCEL A – 3.45 Acres

PARCEL B – 2.54 Acres

DAFI32-7020_DAFGM2021-01

5 November 2021

MEMORANDUM FOR DISTRIBUTION C

MAJCOMs/FLDCOM/FOAs/DRUs

FROM: HQ USAF/A4

1030 Air Force Pentagon Washington, DC 20330-1030

SUBJECT: Department of the Air Force Guidance Memorandum to Department of the Air Force

Instruction 32-7020, Environmental Restoration Program

By Order of the Secretary of the Air Force, this Department of the Air Force Guidance Memorandum (DAFGM) immediately implements changes to Department of the Air Force Instruction (DAFI) 32-7020. Compliance with this memorandum and its attachment is mandatory. To the extent its directions are inconsistent with other Department of the Air Force (DAF) publications, the information herein prevails, in accordance with DAFI 33-360, Publications and Forms Management.

Ensure all records created as a result of processes prescribed in this publication are maintained in accordance with AFI 33-322, Records Management and Information Governance Program, and disposed of in accordance with the Air Force Records Disposition Schedule (RDS) located in the Air Force Records Management System.

This memorandum has been updated to identify a specific circumstance where no Environmental Baseline Survey (EBS) or EBS waiver (Attachment 3) is required. This guidance is applicable to the entire DAF, including the Regular Air Force, the USSF, the Air Force Reserve, the Air National Guard, and Civil Air Patrol, when conducting missions as the official Air Force Auxiliary, all DAF civilian employees, and those with a contractual obligation to abide by the terms of DAF issuances.

The use of an asterisk (*) identifies a substantive change over the previous guidance. This Memorandum becomes void after one year has elapsed from the date of this Memorandum, or upon incorporation by interim change to, or rewrite of, DAFI 32-7020, whichever is earlier.

WARREN D. BERRY

Lieutenant General, USAF DCS/Logistics, Engineering & Force Protection

Attachment:

DAFI32-7020_DAFGM2021-01, Environmental Restoration Program

Attachment

DAFI32-7020_DAFGM2021-01

*3.4.1. Changed. Provides legal advice and assistance to SAF/IE, SAF/IEE, and SAF/IEI on environmental policy matters and issues, including remediation of environmental contamination attributable to the Air Force, and collaborates with the AF/JA-Operations and International Law/Environmental Law and Litigation Division (AF/JAOE) on special environmental issues relating to Environmental Baseline Surveys (EBSs).

*3.4.3. Changed. When appropriate, consults with the Headquarters, United States Air Force, Judge Advocate General (AF/JA).

*3.4.5. Added. Coordinates with DAF/JAO on requests for transaction-specific EBSs and EBS waivers for properties in Categories 5-7.

*3.8.1.1. Changed. Interpreting policy, providing instruction, and coordinating guidance; preparing legal reviews; assisting or conducting regulatory negotiations; coordinating requests with SAF/GCN on transaction-specific EBSs and EBS waivers; providing legal advice, litigation support and legal oversight concerning Third Party Sites and affirmative cost recovery; and providing legal support, review, and coordination on all cleanup agreements, permits, and orders.

*3.10.2.2.18. Changed. Prepare and sign Findings of Suitability to Transfer, Findings of Suitability for Early Transfer, EBSs and supplemental Environmental Baseline Surveys (SEBSs) in accordance with Attachment 3 of this instruction, and the environmental aspects of real property transactions, after appropriate coordination with DAF/JAO, which will coordinate with SAF/GCN. (T-0)

*12.3.2.1. Added. The copy of the administrative record made available to the public may be in any of the following formats: hard copy, microfiche, web-based, or such electronic formats as compact discs or portable hard drives. If any discrepancies are found, the record copies maintained by the appropriate AFCEC/CZ division(s), AFCEC/CIB or NGB/A4V, as appropriate, are the official records.

*12.3.2.2. Added. The content, format, and retention of the administrative record should be consistent with EPA guidance on the administrative record. If such EPA guidance conflicts with this Instruction, this Instruction controls. For responses under RCRA, the administrative record will comply with this Instruction unless the requirements in the RCRA permit are greater. (T-0)

*12.3.2.3. Changed. DAF employees (including military, civilian, and contractors) shall not destroy records designated under 42 USC § 9603(d) for 50 year retention, unless the Administrator of the EPA waives this requirement. (T-0)

*13.4.2. Changed. When a regulatory agency seeks to use an authority for environmental restoration other than CERCLA, RCRA corrective action, underground storage tanks (pursuant to 42 USC §§ 6991 – 6991m, 40 CFR Parts 280.10 – 280.252), or a RCRA 3013 or 7003 order (pursuant to 42 USC §§ 6934 and 6973) and AFCEC or the NGB is considering such an agreement, SAF/IEE must approve entering negotiations and approve any subsequent agreement. (T-1) SAF/IEE will notify ASD (Sustainment) as required. (T-0) An exception to this requirement would be when addressing a petroleum release from an above ground storage tank or distribution pipeline.

*14.2.3.2. Changed. For active Air Force, Air Force Reserve, and Air National Guard installations:

*14.4. Changed. No Action Decision Document. When an RI determines there is no unacceptable risk and therefore no basis for action, this decision must be documented in both a no action proposed plan and a Record of Decision (ROD). (T-0) Both documents shall sufficiently summarize both the RI and the baseline risk assessment to establish that no unacceptable risk exists. (T-0) Similar processes and requirements normally exist under other legal authorities (for example, under RCRA, either a RCRA Facility Investigation or Corrective Measures Study would normally document a “no basis for action”). If the property being assessed is the subject of state regulation, annotate that condition in the EBS. (T-0) For example, “Although the Air Force has determined nor further action is required at Solid Waste Management Units/Areas of Concern on this real property, the [name state] has not closed out [name sites] as NFA under the current permit/Consent Order.”

*14.6.2. Changed. CERCLA Removal Actions. Document the selection of a removal action in an Action Memorandum. (T-0) The specific requirements for an Action Memorandum depend on the scope of the action, urgency of the situation, and the time available before the action is needed to begin. The appropriate AFCEC/CZ division(s), AFCEC/CIB, and NGB/A4V shall provide the opportunity for EPA, state and local agencies, and the public to review and comment on all Air Force removal actions as documented in an Action Memorandum, except for emergency removals taken because of imminent and substantial endangerment to human health or the environment when consultation would be impractical. (T-0) However, regulators must be notified of the planned emergency removal and an action memorandum must be completed promptly thereafter. (T-0) For more information, see Office of Solid Waste and Emergency Response (OSWER) Final Guidance, Superfund Removal Guidance for Preparing Action Memoranda.

*15.2.2. Changed. The central objective of LUC is to protect human health and the environment. As such, LUC are a common component of any cleanup action that does not allow for unlimited use and unrestricted exposure following the completion of the response action or where there is a need for a land use control to protect the effectiveness of the remedy. For example, LUC will likely be necessary at Munition Response Sites (MRS), to ensure protection of human health, public safety, and the environment because total removal of the military munitions may not be possible due to technical limitations. Use of a system of mutually reinforcing controls is often a necessary component in a land use control strategy and internal written plan.

*15.3.3.1. Changed. Ensure that the evaluation of response alternatives includes an analysis of an alternative with unlimited use and unrestricted exposure, including life-cycle costs. (T-0)

*15.5. Changed. Memorandum of agreement (MOA) or memorandums of understanding. The Air Force may enter into an MOA or memorandum of understanding with state regulatory agencies and EPA concerning LUC only when the regulators insist on such agreements. Such MOA and memorandum of understandings are voluntary and are not legally enforceable, but they do formalize the regulators’ roles and expectations in consultation, notice, and review and comment during land use control selection, implementation, maintenance, and review. Also, see paragraph 13.2.

*16.4.2. Changed. The appropriate AFCEC/CZ division(s), AFCEC/CIB, and NGB/A4V will ensure the first review is completed no later than five years after the initiation of an interim or a final remedial action (e.g., start of remedial action construction or after Air Force signs the DD) for the first site at the installation requiring a five-year review. (T-0) The appropriate AFCEC/CZ division(s), AFCEC/CIB, and NGB/A4V will ensure subsequent reviews are completed within each five year period (e.g., five years, ten years, fifteen years) after the initiation of the remedial action. (T-0) The Air Force may group applicable sites into one five-year review, the timetable of which is established in accordance with the first site requiring a five-year review. Contracts for reviews should be awarded in sufficient time before the review due date to allow for streamlined and tailored internal and regulatory reviews. Sufficient time should also be allotted for initial and final drafts under relevant cleanup agreements.

*17.3. Changed. Site Closeout. The Air Force achieves site closeout when environmental restoration goals have been achieved that allow unlimited use and unrestricted exposure of the property (e.g., no further long term management, including LUC, is needed) and there is no further expense of environmental restoration funds (i.e., environmental restoration account, AF or equivalent Base Realignment and Closure account funds, and ANG O&M restoration funds) at the site. Sites should only be coded as site closeout when there is no requirement to track either LUC or similar restrictions and there is no continuing requirement to conduct 5-year reviews. The appropriate AFCEC/CZ division(s), AFCEC/CIB or NGB/A4V must process for approval a no further action explosive safety submission to achieve site closeout for Munitions Response Areas (MRA) and Munition Response Sites (MRS) through AFSEC/SEW and department of defense explosive safety board. (T-0)

*Attachment 1

GLOSSARY OF REFERENCES AND SUPPORTING INFORMATION

References

*(Added) ASTM D6008, Standard Practice for Conducting Environmental Baseline Surveys, 2014

*(Added) ASTM E1527-13, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process, 2014

*(Added) ASTM E1903, Standard Practice for Environmental Site Assessments: Phase II Environmental Site Assessment Process, 15 June 2011

*(Deleted) AFI 32-7066, Environmental Baseline Surveys in Real Property Transactions, 26 January *(Added) AFI 33-322, Records Management and Information Governance Program

*(Added) AFMAN 48-148, Ionizing Radiation Protection, 20 Jul 2020

*(Added) DAFI 33-360, Publications and Forms Management, 1 December 2015

*(Added) 40 CFR Part 312, Innocent Landowners, Standards for Conducting All Appropriate Inquiries

*(Added) 40 CFR Part 312.10, Definitions

*(Added) 40 CFR 312.22, Additional inquiries

*(Added) 40 CFR 312.25, Searches for recorded environmental cleanup liens

*(Added) 10 USC § 2684a, Cooperative agreements for management of cultural resources

*(Added) 10 USC § 1803, Facilities for reserve components

*(Added) EO 11990, Protection of Wetlands, 24 May 1977 as amended

*(Added) EO 11988, Floodplain Management, 24 May 1977 as amended

*(Added) 40 CFR 373, Reporting Hazardous Substance Activity When Selling or Transferring Federal Real Property

Abbreviations and Acronyms

*(Added) DAF/JAO-Environmental Field Support Center—United States Air Force, Office of the Judge Advocate General, Operations and International Law Domain, Environmental Law and Litigation Division

*(Added) ASTM—American Society for Testing and Materials

*(Added) AST—Aboveground Storage Tank

*(Added) BCE—Base Civil Engineer

*(Added) EBS—Environmental Baseline Survey

*(Added) EIAP—Environmental Impact Analysis Process

*(Added) FLDCOM—Field Command

*(Added) NGB—National Guard Bureau

*(Added) OWS—Oil Water Separator

*(Added) PCB—Polychlorinated biphenyl

*(Added) POL—Petroleum, Oil, and Lubricants

*(Added) SAF—Office of the Secretary of the Air Force

*(Added) SEBS—Supplemental Environmental Baseline Survey

*(Added) UST—Underground Storage Tank

*(Added) VSI—Visual Site Inspection

Terms

*(Added) Acquisition—Any authorized method of obtaining any interest in real property. An acquisition may be a temporary or permanent, exclusive or non-exclusive, interest in real property.

Methods of real property acquisition includes, but are not limited to, purchase, gift, exchange, lease, license, easement, interagency transfers of real property accountability, or permits to use real property from other Federal government agencies, reinvestment, recapture, or condemnation.

*(Added) Adjacent Properties—Not only those properties contiguous to the boundaries of the installation or subject property, but also those properties relatively nearby that could pose significant environmental impact or concern on the installation or subject property.

*(Added) Disposal—Any authorized method of permanently divesting the Air Force of control of and responsibility for real property. Includes fee conveyance and interagency transfers or other disposition.

*(Added) Disposal by Deed—A conveyance of fee interest in real property. Transfers of federal property by deed trigger special requirements contained in CERCLA 120(h), codified at 42 U.S.C.

9620(h), to include notices, covenant warranties, response assurances, and reservation of access rights by the federal government to conduct subsequent responses if necessary. Although a grant of an easement is also conveyed by deed, it does not trigger the special requirements in CERCLA 120(h).

*(Added) Environmental Professional—A person who possesses sufficient specific education, training, and experience necessary to exercise professional judgment to develop opinions and conclusions regarding conditions indicative of releases or threatened releases and who qualifies under the definition of “environmental professional” in 40 CFR 312.10.

*(Added) Hazardous Substance— A substance meeting the definition provided in CERCLA, 42 U.S.C. 9601(14). In addition, solely for the purposes of provisions relating to Environmental Baseline Surveys added by this AFGM, it shall also include petroleum, petroleum products, oil, natural gas and lubricants (POL), but does not include POL for purposes of discussing the deed covenant in CERCLA Sec. 120(h)(3).

*(Added) Hazardous Waste—Any solid waste defined as a hazardous waste pursuant to 40 CFR Part 261.3, Definition of hazardous waste, or authorized state rules and regulations.

*(Added) Interagency Transfer—Transfer of Federal government property accountability to or from other Federal government agencies.

*(Added) Intermediate Environmental Function—The AFIMSC Det 2, Pacific Division, Environmental Branch; AFIMSC Det 4, Europe Division, Environmental Branch; AFCEC/CZO Installation Support Section; AFCEC/CZO Regional Support Branches (East, Midwest, West); entities responsible for providing environmental engineering support to a specific regular Air Force installation, organization, command, or activity located with the United States or operating outside the United States. NGB/A4V and AFRC/A4CA fulfill the roles and responsibilities of the Intermediate Environmental Function for ANG and Air Force Reserve installations and units, respectively.

*(Added) Ingrant—Documents (such as licenses, leases, permits, easements, foreign base rights agreements, and treaties) that give the AF an interest in or control of real property in less-than-fee ownership.

*(Added) Natural Resources—Per 40 CFR Part 300.5, Definitions, “land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, pertaining to, or otherwise controlled by the United States (including the resources of the exclusive economic zone defined by the Magnuson Fishery Conservation and Management Act of 1976), any state or local government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction on alienation, any member of an Indian tribe.”

*(Added) Outgrant—Documents such as leases, licenses, easements, and permits that transfer interest in or control of real property from the AF to another Government agency, a non-Federal entity, or a private party.

*(Added) Present or Presence—With regard to target analytes in environmental media, present or presence refers to the existence of the target analyte at the property and to places where the target analyte is located. Presence does not imply that the total extent of the target analyte is known.

*(Added) Proponent—Organization or entity that has a requirement that is driving a need for an interest in real property (either ingrant or outgrant).

*(Added) Storage—The holding of hazardous substances for a temporary period prior to the hazardous substances being either used, treated, transported, or disposed of.

*(Added) Temporary Interest—A grant of interest in or use of real property which expires at the end of a stated term or which can be terminated. Instruments include leases, licenses and permits.

*(Added) Real Property—Land and fixtures and other improvements affixed thereto.

*(Added) Release— An event or occurrence meeting the definition provided in CERCLA, 42 U.S.C.

9601(22). In addition, solely for the purposes of provisions relating to Environmental Baseline Surveys added by this AFGM, it shall also include any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or CERCLA hazardous substance.

*Attachment 3 (Added)

Environmental Baseline Surveys in Real Property Transactions

A3.1. Background. An EBS will be prepared when required to:

A3.1.1. Document the nature, magnitude, and extent of any environmental conditions affecting real property.

A3.1.2. Identify potential environmental liabilities associated with a real property transaction.

A3.1.3. Satisfy environmental due diligence requirements.

A3.1.4. Develop information to assess health and safety risks.

A3.1.5. Protect human health and the environment.

A3.1.6. Determine possible effects of contamination on property valuation.

A3.1.7. Serve as the basis for notice of environmental condition when required under Sections 9620(h)(1)-(3) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended (Title 42, United States Code 42 USC §§ 9620(h)(1) and (3)) and any applicable state or local real property disclosure requirements.

A3.2. Concept.

A3.2.1. An EBS is used to support a real property transaction. These real property transactions include AF acquisition of real property (fee simple estate or by ingrant), allowing others to temporarily use Air Force real property (outgrant), or disposal of Air Force real property. An EBS is also used to satisfy the CERCLA Section 9620(h)(4) requirement to identify uncontaminated property for military real property on which operations are closed or realigned pursuant to a base closure law within specified statutory time limitations.

A3.2.2. A properly conducted EBS allows the real property transaction authorities to make informed decisions on whether and to what extent such transactions should be pursued by the AF and under what restrictions or limitations to mitigate the U.S. Government’s responsibilities and obligations for environmental conditions on the affected real property.

A3.2.3. For AF real property acquisitions, there is an expectation of strict adherence to those standards and requirements listed in 40 CFR. The preparer of the EBS should expect rigorous review for compliance so the AF can avoid, if possible, acquiring real property with environmental conditions that would not fulfill mission needs, would endanger health, or would create unforeseen environmental obligations and expenditures for the Air Force.

A3.2.4. In the rare event that an EBS was not prepared for a real estate transaction that is now being renewed, an EBS will be prepared that covers the preceding term of the real estate transaction.

A3.3. Requirements.

A3.3.1. Conducting an EBS. Installations or proponents for real property transactions will follow applicable or relevant industry standards such as American Society for Testing and Materials (ASTM) D6008 in conducting an EBS of real property. (T-0) For real property transactions involving AF acquisition of real property, installations or proponents shall ensure the EBS meets the EPA “All Appropriate Inquiry” requirements at 40 CFR 312. (T-0) This documentation becomes part of the real estate transaction administrative record. An Environmental Professional as defined at 40 CFR 312 shall complete the EBS. (T-0) An EBS is required for all new real estate acquisitions (in fee simple estate or ingrant), temporary use of AF real property (outgrant), any real property renewal action where an EBS was not previously accomplished, and real property disposal. An EBS shall document existing and past environmental conditions of the property and be prepared by an environmental professional and professionals who are well qualified to assess the condition of cultural, natural, and biological resources. (T-0)

A3.3.1. 1. Exemptions. The determination of whether an EBS or EBS waiver is required for temporary access to private property should be made on a case-by-case basis, in consultation with DAF/JA-Operations and International Law/Environmental Law and Litigation Division Environmental Law Field Support Center (DAF/JAOE-FSC). However, in a common set of limited circumstances, no EBS or EBS waiver is necessary. Specifically, no EBS or EBS waiver is required for the following response actions taken pursuant to the Defense Environmental Restoration Program statute (DERP, 10 U.S.C. §§ 2700-11): (i) installation of a whole-house water filter on an existing private off-base drinking water well or its components (to include, where needed, installation of a protective covering or shelter for the system) when the Air Force does not plan to significantly excavate or otherwise penetrate ground surfaces; and (ii) installation of point-of-use water filtration systems within a private residence. To accomplish installation of whole-house and point-of-use filtration systems, the Air Force often establishes a contractual agreement for access to private property with the owner, but does not acquire an interest in real property. Therefore, no real estate acquisition occurs, and no EBS or EBS waiver is required. However, when excavation or significant ground disturbance is necessary, an EBS or EBS waiver is needed to document existing property conditions before such action occurs even if initially the Air Force will not acquire a real property interest. (T-0)

A3.3.2. Programming and Funding.

*A3.3.2.1. The Environmental Impact Analysis Process (EIAP) Manager will coordinate with the Real Property Office (RPO) or equivalents when the installation advocates for EBS requirements.

(T-3)

A3.3.2.2. The proponent will be responsible for all costs, whether paid in advance or by reimbursement, for the development and preparation of the EBS and any sampling requirements. (T-

1) For real property transactions involving an AF acquisition of real property interests, the AF normally assumes the costs of preparing an EBS. In appropriate cases for other types of real property transactions (e.g., requests by private parties), the AF may assume the cost of preparing EBS documents, but such costs must be justified in writing and approved by the AFCEC Environmental Directorate. The organization and/or non-AF proponent requesting the requirements may fund the project.

A3.3.3. EBS Waivers.

A3.3.3.1. The BCE or authorized designee, in consultation with the base, AFCEC real property staff, and/or NGB real property staff for ANG BCEs, may waive an EBS requirement under the provisions of this section for real property transactions involving non-BRAC property. An AFCEC designee shall have EBS waiver authority for real property transactions involving BRAC property. (T-1) An EBS waiver must be in writing and document why the transaction qualifies for an EBS waiver. (T-1) The written EBS waiver shall become part of the real estate transaction administrative record. (T-1) A3.3.3.2. Unless statutorily precluded, an EBS waiver is possible when an initial records review, interviews, and site inspections indicate there are no potential sources, releases, or disposal of environmental contamination on the property and if examination of the proposed use of the property indicates that all the following criteria are met:

A3.3.3.2.1. The condition of the property will not create unacceptable human health and safety risks from usage of the property allowed under the real property transaction documents.

A3.3.3.2.2. The allowable use of the property will not introduce any hazardous substances or petroleum products in quantities greater than the minimum levels.

A3.3.3.2.3. The allowable use of the property is consistent with environmental compliance requirements (such as those pertaining to wetlands, historic preservation, etc.).

A3.3.3.3. Examples of transactions that may be eligible for an EBS waiver from the EBS requirement include, but are not limited to:

A3.3.3.3.1. Renewing a temporary interest in real property if no change in the premises or in allowable use will occur.

A3.3.3.3.2. Leasing, licensing, or permitting of administrative space in an existing building having no known asbestos, lead or radon.

A3.3.3.3.3. Acquiring restrictive use (e.g., development rights for Explosive-Quantity Distance arc, clear zone, restrictive use easements for interests acquired under Title 10 United States Code Section 2684a, Cooperative agreements for management of cultural resources, and navigation) easements and no other usage will occur.

A3.3.3.3.4. Issuing temporary rights for surveys, inspections, and tests where there will be no introduction of hazardous substances or petroleum products on the property.

A3.3.3.3.5. Allowing non-exclusive use of AF property (e.g., easement for use of a road that is also used by other base vehicle traffic or utility privatization), so long as the appropriate disclosures of any potential threats to human health and safety are provided.

A3.3.3.3.5.1. The NGB may coordinate with AFCEC and will advocate to SAF/IEE when applications of Joint Reserve Component Use as encouraged by 10 USC §1803, Facilities for Reserve Components, are applicable.

A3.3.4. All Appropriate Inquiries.

A3.3.4.1. In accordance with 40 CFR 312.20, All appropriate inquiries, pursuant to CERCLA section 101(35)(B) must be conducted within one year prior to the date of acquisition of the subject property.

(T-0) Inquiries must include:

A3.3.4.1.1. An inquiry by an Environmental Professional as defined at 40 CFR 312.10, Definitions.

(T-0)

A3.3.4.1.2. The collection of information pursuant to 40 CFR 312.22, Additional inquiries, by persons identified under 40 CFR 312.1(b); and (T-0)

A3.3.4.1.3. Searches for recorded environmental cleanup liens as required in 40 CFR 312.25, Searches for recorded environmental cleanup liens. (T-0)

A3.3.4.2. In addition, the following components of “all appropriate inquiries” must be conducted or updated within 180 days of and prior to the date of acquisition of the subject property: (T-0)

A3.3.4.2.1. Interviews with past and present owners, operations, and occupants per 40 CFR 312.23.

(T-0)

A3.3.4.2.2. Searches for recorded environmental cleanup liens per 40 CFR 312.25. (T-0)

A3.3.4.2.3. Reviews of federal, tribal, state, and local government records per 40 CFR 312.26. (T-0)

A3.3.4.2.4. Visual inspections of the facility and of adjoining properties per 40 CFR 312.27. (T-0)

A3.3.4.2.5. Declaration by the Environmental Professional per 40 CFR 312.21(d). (T-0)

A3.3.5. Phase I. Determine the potential for present and past site contamination by hazardous substances, petroleum products and derivatives as well as the substances listed in A3.4. (T-0) If contamination is found, characterize the types, quantities and times when storage, release into the environment or structures, or disposal took place on the property, to the extent such information is available after a diligent search per 40 CFR 373. (T-0)

A3.3.5.1. The EBS shall contain the information required by 40 CFR 373, Reporting Hazardous Substance Activity When Selling or Transferring Federal Real Property regarding past storage, release or disposal of CERCLA hazardous substances. (T-0) It is preferred that this information be provided in tabular form within or attached to the EBS. See A3.5. Sample Certification for an example. The information includes the Chemical Abstracts Service Registry Number; contaminant regulatory synonym(s); the RCRA hazardous waste number; quantity of hazardous substance stored for one year or more, or known to have been released or disposed of; and the date(s) that such storage, release or disposal took place. If a release or disposal occurred, also include what response actions, if any, were taken to address the release or disposal. If the quantity or date(s) of storage, release or disposal are unknown, indicate “unknown.” (T-0)

A3.3.5.2. At a minimum, Phase I shall include a comprehensive records search (40 CFR 312.25), analysis of aerial photographs, interviews with current and/or former employees (40 CFR 312.23), VSI (40 CFR 312.27), identification of sources of contamination, ongoing response actions or actions that have been taken, and physical inspection of property and adjacent property. (T-0)

A3.3.5.2.1. Make a reasonable search for and review of available AF, Federal, regulatory agency, state and local government studies and records (such as but not limited to: Federal Emergency Management Agency Maps, Environmental Assessments, Biological Assessments, Biological Opinions, Integrated Natural Resource Management Plans, and Cultural Resources records (See A3.4.

Mandatory Format for EBS Reports). (T-0) Make a reasonable inquiry into the existence and availability of relevant information and records to include (40 CFR 312.24):

A3.3.5.2.1.1. Complete or partial surveys, inspection reports, or other relevant records. (T-0) Examples of such records include but are not limited to maps showing archaeologically sensitive areas, historic activities, storage tank locations, results of storage tank leak testing, hazardous waste management plans, spill plans, base comprehensive plans, utility drawings, environmental impact analysis documents, biological surveys for federally threatened and endangered species associated with the property, bioenvironmental engineering case files, environmental incident reports, supply records and surveys related to drinking water surveillance, Environmental Compliance Assessment and Management Program, asbestos, Polychlorinated Biphenyls (PCBs), radon, and lead-based paint.

A3.3.5.2.1.2. Environmental Restoration Program (ERP) studies or other documents produced under CERCLA or RCRA. (T-0)

A3.3.5.2.1.3. Military Munitions Response Program studies or other documents under CERCLA or

RCRA. (T-0)

A3.3.5.2.1.4. Investigation and closure reports related to Above Ground Storage Tanks (ASTs), Underground Storage Tanks (USTs), Solid Waste Management Unit, Oil Water Separators (OWSs), and other sites that formerly fell under the environmental compliance category. (T-0)

A3.3.5.2.1.5. Applicable regulatory agency reports, correspondence, site closure concurrence, notices of violation or noncompliance. (T-0)

A3.3.5.2.1.6. Current and discontinued permits pertaining to environmentally regulated activities such as air emissions, wastewater discharges, and hazardous waste management. (T-0)

A3.3.5.2.1.7. Title, deed, other real property records or other documentation that identifies the operational history of the property, focusing on mission related uses over time that could reasonably have contributed to an environmental concern. Ensure that search extends to beyond Air Force ownership of property. (T-0)

A3.3.5.2.1.8. Records and reports regarding lead-based paint hazards in or around residential facilities or the presence and condition of asbestos in existing structures or in soil. (T-0)

A3.3.5.2.2. Installation BCE, Installation CE Environmental Element, or proponent will review all reasonably obtainable Federal, state, and local government records for adjacent property if the following conditions apply (40 CFR 312.30):

A3.3.5.2.2.1. There has been a release of any hazardous substance, petroleum product, or petroleum on the adjacent property. (T-0)

A3.3.5.2.2.2. The release is likely to cause or contribute to a spreading or migration of any hazardous substance or any petroleum product onto the subject property. (T-0)

A3.3.5.2.3. Collect samples as appropriate based on professional judgment. (T-3) If no record exists, collect samples to determine the following items (not an exclusive list):

A3.3.5.2.3.1. Drinking water quality.

A3.3.5.2.3.2. Quality of water supply sources (surface water and groundwater) on the subject property.

A3.3.5.2.3.3. Radon levels in high occupancy facilities as defined in the Air Force Radon Assessment and Mitigation Program. For more information see AFMAN 48-148, Ionizing Radiation Protection.

A3.3.5.2.3.4. The presence of PCBs or PCB-containing equipment or property.

A3.3.5.2.3.5. The presence of lead-based paint when it potentially exists in housing units.

A3.3.5.2.3.6. The presence of Asbestos Containing Materials.

A3.3.5.2.3.7. The presence of Vapor Intrusion.

A3.3.5.2.4. Analyze aerial photographs from the Federal government, state or local governments or private companies that may reflect prior uses of the property. (T-0) Effort to obtain historical photos prior to the property’s current use is strongly recommended. (T-1)

A3.3.5.2.5. Interview past and present owners, operators, and occupants of the facility for the purpose of gathering information regarding the potential for contamination of the facility (40 CFR 312.23). (T- 0)

A3.3.5.2.6. Inspect the following:

A3.3.5.2.6.1. The interior and exterior of the subject property including buildings, structures, equipment, pipes or other improvements on the subject property. (T-0)

A3.3.5.2.6.2. Adjacent properties, noting sewer lines, runoff patterns, evidence of environmental impacts, and anything else which indicates actual or probable release of hazardous or petroleum products as stated in 40 CFR 312.27 for acquisitions following All Appropriate Inquiries. (T-0)

A3.3.5.2.7. Determine current and past use(s) of property; any hazardous substances and petroleum products associated with known uses; (ASTs, USTs, OWSs, etc.) existence of above and USTs;

OWSs; odors; pools of liquid; drums; hazardous substance and petroleum product containers;

potential asbestos-containing materials; PCB-containing electrical equipment; condition of painted surfaces; stains and corrosion; drains and sumps; pits, ponds, and lagoons; stained soil or pavement;

stressed vegetation; solid waste; wastewater; wells; septic systems; and dead or diseased wildlife. In addition, document barriers or limits to the inspection (40 CFR 312.27). (T-0)

A3.3.5.2.8. Identify the sources of contamination on the installation and on adjacent properties which could migrate to the subject property during or after the transaction. (T-0)

A3.3.5.2.9. Identify any actions taken in response to actual or possible contamination on the subject or adjacent property. (T-0)

A3.3.5.2.10. Inspect adjacent property as extensively as the owners or operators permit. (T-0)

A3.3.5.2.11. Note that additional guidelines for conducting an EBS can be found in the ASTM standards D6008 and E1527.

A3.3.5.2.12. Prepare an EBS report at the end of a Phase I investigation for an acquisition in accordance with 40 CFR 312.21. (T-0) Include an EBS report prepared for outgrants or disposals. (T-

1) See A3.4. Mandatory Format for EBS Reports for the report format. Specify any media, contaminants, or issues listed in the format that do not apply to the transaction. (T-1)

A3.3.5.3. Conclusions.

A3.3.5.3.1. Based on the findings, the EBS report shall categorize the presence of hazardous substances or petroleum products or their derivatives for each property or area, using the environmental condition categories described below. (T-1) Categories shall be assigned, as applicable, to defined or identified areas within the property, so the real property transaction documents can disclose or warn, with specificity, which portions of the property fall under the relevant categories (T-1)

A3.3.5.3.1.1. Category 1: An area or real property where no storage, release, or disposal of hazardous substances or petroleum products or their derivatives has occurred into the environment or structures or disposed on the subject property (including no migration of these substances from adjacent properties).

A3.3.5.3.1.2. Category 2: An area or real property where only the release or disposal of petroleum products or their derivatives has occurred.

A3.3.5.3.1.3. Category 3: An area or real property where release, disposal, or migration or some combination thereof, of hazardous substances has occurred, but at concentrations that do not require a removal or remedial action.

A3.3.5.3.1.4. Category 4: An area or real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred, and all remedial actions necessary to protect human health and the environmental have been taken.

A3.3.5.3.1.5. Category 5: An area or real property where release, disposal, or migration, or some combination thereof, of hazardous substances has occurred and removal or remedial actions or both, are under way, but all required actions have not yet been taken.

A3.3.5.3.1.6. Category 6: An area or real property where release, disposal, or migration or some combination thereof, of hazardous substances has occurred, but required response actions have not yet been initiated.

A3.3.5.3.1.7. Category 7: An area or real property that is unevaluated or requires additional evaluation.

A3.3.5.4. Requirements Related to Hazardous Substances and Petroleum Products and their Derivatives.

A3.3.5.4.1. Make the following types of recommendations in the EBS report based on the conclusions related to the presence of hazardous substances or petroleum products or their derivatives. (T-1)

A3.3.5.4.1.1. Consult with AFCEC/CIB and/or AFCEC/CIT, DAF/JAO - Environmental Law Field Support Center, and SAF/GCN prior to completing an EBS for a real property transaction involving Categories 5-7.

A3.3.5.4.1.2. Proceed with any planned transaction if the real property falls in Categories 1-4.

A3.3.5.4.1.3. Do not proceed with any planned transaction for those portions of the property falling Categories 5-7 without having obtained legal concurrence from DAF/JAO - Environmental Law Field Support Center and SAF/GCN.

A3.3.5.4.1.4. Properties falling in Categories 5-7 will eventually require further investigation to determine the type and extent of contamination, study to identify additional mitigation or land use restrictions necessary to allow certain land uses in consultation with installation ERP and applicable regulatory authorities without endangering human health or the environment, and may require response actions to adequately address the release or threat of release of the characterized contamination.

A3.3.5.4.1.5. For deed transfers where the AF is the grantor of Categories 5-7 property due to releases or threats of release of CERCLA hazardous substances, the Air Force may not be able to provide the deed covenant required by CERCLA section 120(h)(3)(A)(ii)(I), warranting that all remedial action under CERCLA necessary to protect human health and the environment has been taken before the disposal of the property by deed.

A3.3.5.4.1.6. In such cases, the AF may have to pursue a deed transfer whereby the covenant is deferred (“covenant deferral”) under CERCLA section 120(h)(3)(C).

A3.3.5.4.1.6.1. For deed transfers involving covenant deferrals, the AF must first obtain the concurrence of the Governor of the State, and if it involves property on the National Priorities List, the Air Force must also obtain the concurrence of the EPA Administrator. (T-0)

A3.3.5.5. Requirements Related to Other Substances.

A3.3.5.5.1. The report shall:

A3.3.5.5.1.1. Advise that the presence of any lead and copper in drinking water, septic tanks, military munitions sites, asbestos-containing materials, PCBs, radon, lead-based paint or other environmental conditions that may affect human health should be disclosed to property recipients. (T-1)

A3.3.5.5.1.2. Identify any abatement or mitigation measures necessary to bring property within established action levels or that should be considered for implementation to minimize potential threats to human health and the environment that may arise as a result of the real property transaction. (T-1)

A3.3.5.5.1.3.