ECOP Handbook.pdf

Final

THE ARMY NATIONAL GUARD

ENVIRONMENTAL CONDITION OF

PROPERTY HANDBOOK

The ARNG's

ECOP Process Handbook

Prepared by:

Army National Guard

1 June 2011

This is the reverse of the cover sheet.

Please note that this Handbook should be printed double-sided.

Final

THE ARMY NATIONAL GUARD

ENVIRONMENTAL CONDITION OF

PROPERTY HANDBOOK

The ARNG's

ECOP Process Handbook

Prepared by:

Army National Guard

1 June 2011

This Page is Intentionally Left Blank.

ARNG’s ECOP Process Handbook

Executive Summary This Handbook is intended and designed to provide clear, concise, and consistent guidance and direction to the 54 states and territories of the Army National Guard (ARNG) on how to satisfy the Environmental Condition of Property (ECOP) requirement as related to the various types of Federal real property transactions and military construction (MILCON) projects the ARNG undertakes. Please note that, after reading this Handbook alone, the reader will not necessarily be "qualified" to conduct an ECOP investigation or prepare an ECOP document. The intent of this Handbook is to increase awareness of the ARNG Environmental Programs Division's (ARNG-ILE) ECOP Program, and to provide clear guidance on how to conduct ARNG ECOP investigations and prepare ARNG ECOP documents.

Appropriate ECOP documentation is required to be completed by the state/territory ARNG, and reviewed and approved by the ARNG Environmental Programs Division, Training and Infrastructure Branch (ARNG-ILE-T), in association with each Federal real property transaction and/or MILCON project prior to its approval to move forward. Once approved and finalized, ARNG-ILE-T will issue a Memorandum and forward the complete ECOP documentation to ARNG-ILI (Installations Division) and the applicable State ARNG Construction and Facilities Management Officer (CFMO).

This Handbook also describes the interface between the ARNG's ECOP and National Environmental Policy Act (NEPA) processes. In short, these processes are inter-related, yet separate. Satisfaction of one process requirement does not satisfy the other. While these processes satisfy different requirements, they share commonalities that often overlap. Synchronization of these processes saves the ARNG time and money, and facilitates sound, timely decision-making and mission accomplishment.

The guidance provided within this Handbook is intended to streamline and render consistent the ECOP process for the ARNG, and to appropriately synchronize and expedite the ECOP and NEPA processes. Attainment of these goals will allow the ARNG to routinely conduct sound, fully informed decision-making; protect the health and safety of our staff, personnel, and Soldiers; protect our legal liability and interests; reduce the risk of unforeseen cleanups during construction; and allow us to accomplish our many and various missions, on time, each and every time.

When reading this Handbook, please note that references to Sections, Tables, Figures, and Appendices within the Handbook are identified in bold font. This is intended to allow the reader to quickly identify and cross-reference these areas within the Handbook. Please note that when sections within an ASTM Standard are referenced, they are not in bold font.

ARNG’s ECOP Process Handbook

Organization of Handbook List of Acronyms and Abbreviations – Includes acronyms and abbreviations used in this Handbook.

Section 1: Introduction to the ARNG ECOP Process - Provides an introduction to the ARNG ECOP process, defines key terms, and identifies relevant laws and regulations.

Section 2: Roles and Responsibilities in the ARNG ECOP Process - Identifies the roles and responsibilities of various entities and agencies involved in the ARNG ECOP process.

Section 3: Planning and Initiating an ARNG ECOP Investigation - Provides guidance on how to select the appropriate type of ECOP investigation/document, and how to plan, initiate, conduct, and complete an ARNG ECOP investigation.

Section 4: ECOP Interface with Selected ARNG Programs and Actions - Identifies how the ARNG ECOP process is related to certain ARNG programs and actions.

Section 5: Environmental Baseline Survey (EBS) - Provides necessary information on the ARNG ECOP process when an EBS is required, including the purpose, content, and organization of an ARNG EBS.

Section 6: Preconstruction Assessment (PCA) - Provides necessary information on the ARNG ECOP process when a PCA is required, including the purpose, content, and organization of an ARNG PCA.

Section 7: Other Federal Property ECOP Documents - Identifies and describes other ARNG ECOP documents for relevant ARNG actions involving Federal property, including the Report of Availability (ROA) and EBS Update.

Section 8: Phase I Environmental Site Assessment (Phase I ESA) - Provides relevant information on the ARNG ECOP process when a Phase I ESA is required, including the purpose, content, and organization of an ARNG Phase I ESA.

Section 9: Phase II Environmental Site Assessment (Phase II ESA) - Provides information on the ARNG ECOP process when a Phase II ESA is required, including the purpose, content, and organization of an ARNG Phase II ESA.

Section 10: Transaction Screening Analysis (TSA) - Provides requisite information on the ARNG ECOP process when a TSA is required, including the purpose, content, and organization of an ARNG TSA.

Section 11: Other Non-Federal Property ECOP Documents - Identifies and describes other ARNG ECOP documents for relevant ARNG actions involving non-Federal property, including the PCA, TSA, and Phase I ESA Update.

Section 12: Document Review, Processing, and Approval - Describes the ARNG process for reviewing, processing, and approving Draft and Final ECOP documents.

Section 13: Glossary of Terms - Provides a glossary of key ECOP terms.

Section 14: References - Identifies references cited within this Handbook.

Appendices: Provide useful reference material, guidance, examples, templates, and other data that will assist ARNG ECOP document authors to prepare high-quality and consistent ARNG ECOP documents.

ARNG ECOP Handbook Table of Contents

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Table of Contents

Section Page

List of Acronyms and Abbreviations vii

1. Introduction to the ARNG Environmental Condition of Property Process 1

1.1 Purpose of the Handbook 1

1.2 Background of the ECOP Process 1

1.3 Definition of ECOP 1

1.4 Types of ARNG Actions Triggering the ECOP Requirement 2

1.5 Types of ECOP Investigations 3

1.6 ECOP Parcel Classification Systems 3

1.6.1 ECOP Area Types 3

1.6.2 AR 200-1 MILCON Property Site Classifications 4

1.7 ASTM Standards 4

1.8 Key ECOP Terms 6

1.9 Relevant ARNG ECOP Process-Applicable Laws and Regulations 8

2. Roles and Responsibilities in the ARNG ECOP Process 11

2.1 State ARNG 11

2.2 ARNG Directorate (Headquarters) 11

2.3 Headquarters, Department of the Army 12

2.4 Other Federal Agencies 12

2.5 Key Participants 12

2.6 Other Participants 13

3. Planning and Initiating an ARNG ECOP Investigation 15

3.1 Selecting the Appropriate ECOP Investigation/Document 15

3.2 Comparison of the Environmental Baseline Survey and Phase I

Environmental Site Assessment 16

3.2.1 Similarities Between the Environmental Baseline Survey and

Environmental Site Assessment 16

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Table of Contents (cont.)

3.2.2 Differences Between the Environmental Baseline Survey and

Environmental Site Assessment 16

3.3 Obtaining Investigation and Documentation Support 18

3.4 Allowing Time for Preparation 19

3.5 Funding 20

4. ECOP Interface with Selected ARNG Programs and Actions 37

4.1 Real Property Transactions 37

4.2 MILCON Actions 38

4.3 National Environmental Policy Act 39

4.3.1 Relationship Between ARNG ECOP and NEPA Processes 40

4.3.2 Coordination of the ECOP and NEPA Processes 40

5. Environmental Baseline Survey 43

5.1 Introduction 43

5.2 Purpose of the Environmental Baseline Survey 44

5.3 Relationship with NEPA 45

6. Preconstruction Assessment 47

6.1 Basis for a Preconstruction Assessment 47

6.2 Preconstruction Assessment Purpose 47

7. Other Federal Property ECOP Documents 49

7.1 Report of Availability 49

7.1.1 Content of a Report of Availability 49

7.1.2 Review and Approval of a Report of Availability 50

7.2 Environmental Baseline Survey Update 50

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Table of Contents (cont.)

8. Phase I Environmental Site Assessment 51

8.1 Introduction 51

8.2 Purpose of the Environmental Site Assessment 51

8.3 Relationship with NEPA 52

9. Phase II Environmental Site Assessment 53

9.1 Introduction 53

9.2 ARNG Phase II Environmental Site Assessment Process Summary 54

10. Transaction Screening Analysis 55

10.1 Introduction 55

10.2 Purpose of the Transaction Screening Analysis 55

10.3 Relationship with NEPA 56

11. Other Non-Federal Property ECOP Documents 57

11.1 Introduction 57

11.2 Preconstruction Assessment 57

11.3 Transaction Screening Analysis 57

11.4 Environmental Site Assessment Update 57

12. Document Review, Processing, and Approval 59

12.1 Introduction 59

12.2 Selecting the Appropriate ECOP Document 59

12.3 Preparation and Review of the Draft ECOP Document 60

12.4 Preparation of the Final ECOP Document 60

12.5 Submission and Approval of the Final ECOP Document 60

12.6 Review, Process, and Approval Timeline 60

13. Glossary of Terms 63

14. References 81

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List of Figures

Figure Page

Figure 1-1: ECOP Area Types for CERCLA and Petroleum-Product Contamination 5

Figure 1-2: AR 200-1, Chapter 15-6, MILCON Property Site Classifications 5

Figure 3-1: ARNG ECOP Process Decision-Making Master Matrix 21

Figure 3-1a: Sheet 1 (Disposal of Property) 23

Figure 3-1b: Sheet 2 (Grant of Easement to Others) 24

Figure 3-1c: Sheet 3 (Lease/Renewal of Lease/Permit to Others) 25

Figure 3-1d: Sheet 4 (Termination of ARNG Lease/License of Other's Property) 26

Figure 3-1e: Sheet 5 (License/Renewal of License to Others) 27

Figure 3-1f: Sheet 6 (Transfer of Property to Others) 28

Figure 3-1g: Sheet 7 (Acquiring [via Purchase] a Property) 29

Figure 3-1h: Sheet 8 (Acquiring a Lease of Property from Others) 30

Figure 3-1i: Sheet 9 (Renewing a Lease of Property from Others) 31

Figure 3-1j: Sheet 10 (Terminating Another‘s Lease of ARNG Property) 32

Figure 3-1k: Sheet 11 (Acquiring a License to Property from Others) 33

Figure 3-1l: Sheet 12 (Renewing an ARNG License to Property from Others) 34

Figure 3-1m: Sheet 13 (Use of a Property via a Permit) 35

Figure 3-1n: Sheet 14 (MILCON Project) 36

Figure 12-1: Review, Processing, and Approval Process for an ARNG ECOP

Document 62

List of Tables

Table Page

Table 3-1: ARNG ECOP Document Types 17

Table 3-2: ARNG EBS versus ARNG ESA 18

Table L-1: ASTM-Required Search Minimum Distance Radii for an EBS L-6

Table N-1: ASTM-Required Search Minimum Search Radii for an ESA N-6

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List of Appendices

Appendix

A: Special Contamination Concerns

B: Template Statement of Work for Contracting an ARNG ECOP Document

C: ARNG-Recommended EBS Outline D: ARNG-Recommended PCA Outline

E: Report of Availability (ROA)

F: ARNG-Recommended ESA Outline G: Example ARNG TSA

H: Guidance for Store-Front Recruiting Offices (pending)

I: ARNG ECOP Review Worksheet

J: ECOP Easy 1-Page Reference

K: Applicable ARNG ECOP Laws and Regulations

L: ARNG EBS Process

M: ARNG PCA Process

N: ARNG Phase I ESA Process

O: ARNG Phase II ESA Process

P: ARNG TSA Process Q: Template ARNG ECOP Document Cover Page and Signature Page

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ARNG ECOP Handbook List of Acronyms and Abbreviations

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List of Acronyms and Abbreviations

AAI All Appropriate Inquiry ACM Asbestos-Containing Materials AMSCO Army Management Structure

Code

AR Army Regulation

ARARs Applicable or Relevant and Appropriate Requirements

ARNG Army National Guard

ARNG-AV ARNG Aviation Safety

ARNG-ILE ARNG Environmental Programs Division

ARNG-ILE-T ARNG Environmental Programs

Division, Training and

Infrastructure Branch ARNG-ILI ARNG Installations Division

ARNG-ILI-E ARNG Installations Division, Real

Estate Branch

ARNG-ILL ARNG Logistics Division ARNG-OD ARNG Operations Division ARNG-TR ARNG Training Division

ASA (I&E) Assistant Secretary of the Army for Installations and Environment AST Aboveground Storage Tank

ASTM American Society of Testing and

Materials

ATM Automatic Teller Machine AUL Activity and Use Limitation BMP Best Management Practice

BRAC Base Realignment and Closure

CEQ Council on Environmental Quality CERCLA Comprehensive Environmental

Response, Compensation, and Liability Act

CERFA Community Environmental

Response Facilitation Act CFMO Construction and Facilities

Management Office(r) CFR Code of Federal Regulations

REC/Check Environmental Checklist/Record of Environmental Consideration

COC Constituents (or Contaminants) of

Concern CORRACTS Corrective Action Sites (RCRA) DA Department of the Army

DAIM-ISE Army Environmental Division DASA Deputy Assistant Secretary of the

Army DERP Defense Environmental

Restoration Program

DMM Discarded Military Munitions

DoD Department of Defense DoDD Department of Defense Directive

CERCLIS Comprehensive Environmental

Response, Compensation, and

Liability Information System CWA Chemical Warfare Agent

CX Categorical Exclusion

E&O Errors and Omissions EA Environmental Assessment EBS Environmental Baseline Survey

EC Engineering Control ECOP Environmental Condition of

Property EIS Environmental Impact Statement

EOD Explosive Ordnance Disposal EP Environmental Professional

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EPCRA Emergency Planning and

Community Right-to-Know EPM Environmental Program Manager

ERNS Emergency Response Notification

System ESA Environmental Site Assessment FFCA Federal Facility Compliance Act FISP Facility Inventory and Stationing

Plan FNSI Finding of No Significant Impact FOSL Finding of Suitability to Lease

FOSET Finding of Suitability for Early

Transfer FOST Finding of Suitability to Transfer FR Federal Register FY Fiscal Year

HQDA Headquarters, Department of the

Army HTMW Hazardous and Toxic Materials and Waste

I&H Installations and Housing

IC Institutional Control IRP Installation Restoration Program

IRT Innovative Readiness Training

LBP Lead- Based Paint

LLP Landowner Liability Protection LRCP Long-Range Construction Plan

LUST Leaking Underground Storage

Tank MACOM Major Command (Army) MC Munitions Constituents

MCNG Military Construction, National

Guard

MEC Munitions and Explosives of Concern

MILCON Military Construction

MFR Memorandum for Record

MMRP Military Munitions Response

Program MOA Memorandum of Agreement

MOU Memorandum of Understanding

MSDS Material Safety Data Sheet

NCP National Contingency Plan NEPA National Environmental Policy Act

NFRAP No Further Remedial Action

Planned NG National Guard NGB-AQ National Guard Bureau, Acquisitions Division NGB-JA National Guard Bureau, Judge

Advocate NGB-PA National Guard Bureau, Public

Affairs Office

NGR National Guard Regulation

NOV Notice of Violation NPL National Priorities List O&M Operations and Maintenance

OE Ordnance and Explosive

OMARNG Operations and Maintenance, Army National Guard

OMB Office of Management and Budget

OSD Office of the Secretary of Defense

OTJAG Office of the Judge Advocate General

PA Preliminary Assessment PAM Pamphlet

PCA Preconstruction Assessment PCB Polychlorinated Biphenyl POM Program Objective Memorandum

PRP Potentially Responsible Party

QA/QC Quality Assurance/Quality Control RCMP Range Complex Master Plan

RCRA Resource Conservation and

Recovery Act

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RCRIS Resource Conservation and

Recovery Information System RDP Range Development Plan REC Recognized Environmental

Condition

ROA Report of Availability REAP Real Estate Action Plan ROD Record of Decision

RPDP Real Property Development Plan

RPLANS Real Property Planning and Analysis System

SARA Superfund Amendments and

Reauthorization Act

SFRO Store-Front Recruiting Office SI Site Inspection SMZ Streamside Management Zone SOP Standard Operating Procedure

SOSO State-Owned/State-Operated SOW Statement of Work

SRM Sustainment, Restoration, and

Modernization

STEP Status Tool for Environmental Programs

TAG The Adjutant General

TSA Transaction Screening Analysis TSD Treatment, Storage, or Disposal

(Facility) USAEC US Army Environmental

Command USATCES US Army Technical Center for

Explosives Safety USC United States Code

USEPA US Environmental Protection Agency

USP&FO US Property and Fiscal Office(r)

UST Underground Storage Tank

UMI Unspecified Minor Military Construction, Army

US United States USACE US Army Corps of Engineers USEPA US Environmental Protection

Agency USGS US Geological Survey UXO Unexploded Ordnance

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ARNG ECOP Handbook Section 1

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SECTION 1: Introduction to the ARNG Environmental Condition of Property Process

1.1 Purpose of the Handbook

The main purpose of this Handbook is to provide definitive Army National Guard (ARNG) Directorate-level guidance for the conduct of ARNG Environmental Condition of Property (ECOP) investigations and the preparation of consequent ARNG ECOP documents. The secondary objective is to provide a user-friendly process to determine the ECOP requirements for proposed ARNG Federal real property transactions and military construction (MILCON, or Military Construction-National Guard [MCNG]) actions. These are the activities which the ARNG routinely conducts that require ECOP investigations. The third objective is to provide clear, standardized templates and guidance on how and when to complete each type of ARNG ECOP document. Document standardization will streamline the review and approval process at all levels, in full accordance with applicable laws, regulations, policies, guidance, and standards.

As a fourth objective, this Handbook also describes the interface between the ARNG ECOP and National Environmental Policy Act (NEPA) processes. In short, these processes are inter-related, yet separate. Satisfaction of one process requirement does not satisfy the other. While these processes satisfy different requirements, they share commonalities that often overlap.

Synchronization of these processes saves the ARNG time and money, and facilitates sound, timely decision-making and mission accomplishment.

1.2 Background of the ECOP Process

The Department of Defense (DoD) requirement to evaluate property to determine if environmental contamination exists was established as early as 1988 during Base Realignment and Closure (BRAC) property transfers. Since that time, Army regulations have required the conduct of investigations and the preparation of documents that evaluate the environmental condition of property, such as through Environmental Baseline Surveys (EBS) for Federal real property transactions and Preconstruction Assessments (PCAs) for MILCON actions.

Although the ECOP requirement has been in National Guard Regulation (NGR) 415-5 and Army Regulation (AR) 200-1 since at least the early 1990s, the requirement was often overlooked, not enforced, or confused with NEPA requirements. This has resulted in increased project risk, funding/resource challenges, stop work/change orders, and exposure of construction workers, staff, and Soldiers to environmental health and safety risks. In addition, it has exposed the ARNG unnecessarily to legal liabilities and significant additional costs, including costs (and other resources) for cleanup efforts that should not have been borne by the ARNG.

1.3 Definition of ECOP

ECOP is the general term for a variety of investigations conducted to classify the "environmental condition of [a subject] property." The investigations determine the existence, or the potential for existence, of environmental contamination (i.e., through release or disposal) from hazardous substances, petroleum products, and special contamination concerns on a parcel of real property. Once conducted, the results of ECOP investigations are used to determine if the condition of the property is suitable for the intended use or if response actions are warranted to ensure the property condition is consistent with the proponent's goals. In addition, ECOP investigations ensure that the ARNG does not acquire environmental liabilities of others, and protect the ARNG's legal interests. The ECOP "report" documents the results of these

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1.4 Types of ARNG Actions Triggering the ECOP Requirement

The ARNG conducts ECOP investigations for all Federal real property transactions and MILCON projects. These activities, described below, are the only ARNG activities that trigger the ECOP requirement. The type of ECOP investigation (and consequent document) required is based on the specifics of the action, as discussed in this Handbook.

Federal Real Property Transactions. ECOP investigations are conducted for ARNG Federal real property transactions. Overall, ECOP investigations are required for such transactions to determine the condition of the property prior to the transaction, and/or to ensure the ARNG does not accept legal responsibility for other's contamination. This protects the interests and limits the liability of the ARNG.

Federal real property transactions include, but are not limited to, actions involving lands with a Federal interest or Federal connection (e.g., ownership, funding), including:

Divesting Actions: Disposing of, Allowing Others to Use, or Stopping ARNG Use of Other's Real Property.

Disposal.

Granting Easements.

Leasing/Renewing Lease/Permit to Others.

Terminating ARNG Lease/License of Other‘s Property.

Licensing or Renewing License to Others.

Transferring a Property to Others.

Acquisition Actions: Acquiring or Re-acquiring Use or Ownership of Real Property.

Purchasing a Property.

Acquiring Lease of a Property from Others.

Renewing Lease of a Property from Others.

Terminating Another's Lease of ARNG Property.

Acquiring License to Property.

Renewing ARNG License to Property.

Using a Property via a Permit.

MILCON Actions. ECOP investigations are also conducted for ARNG MILCON actions.

MILCON actions may be proposed on lands already possessed by the ARNG or those acquired through real property transactions. Overall, ECOP investigations are required for MILCON actions to ensure protection of construction workers, staff, and Sold iers, and to ensure unforeseen cleanup costs and delays are avoided.

MILCON actions include those proposed ARNG construction projects in excess of $750,000, and may include such projects as construction of a new training range, a regional Readiness Center, a dining facility, or major infrastructure upgrade.

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1.5 Types of ECOP Investigations

The types of ECOP investigations conducted by the ARNG include, from simplest to most complex:

Transaction Screening Analysis (TSA) - for minor Federal real property transactions.

Preconstruction Assessment (PCA) - for ARNG MILCON actions.

Environmental Baseline Survey (EBS) - typically for Federal real property disposal.

Phase I (and II) Environmental Site Assessment (ESA) - typically for Federal real property acquisition.

Report of Availability (ROA), Section C (only if prior EBS exists) - for Federal real property disposal.

EBS and Phase I ESA Updates - updates of prior ECOP investigations/documents.

Please see Section 3 of this Handbook for more information on each specific type of ARNG ECOP investigation. Section 3 also provides a clear matrix (Figure 3-1) showing the ARNG ECOP investigation decision-making process. ARNG-ILE's ECOP Easy 1-Page Reference is presented in Appendix J. In short, this selection is based on the particular aspects and issues of the proposed Federal real property transaction or MILCON action.

1.6 ECOP Parcel Classification Systems

1.6.1 ECOP Area Types

Army National Guard, Environmental Division, Training and Infrastructure Branch (ARNG-ILE-T) requires ECOP Area Types be identified for all parcels investigated within an ARNG EBS. Sufficient investigations must be performed as part of the EBS to support such classification in accordance with applicable standards, guidance, regulations, and other requirements.

The standard classification of ECOP Area Types was formalized in 1998 with the publication of the American Society of Testing and Materials (ASTM) Standard D 5746-98 (revised 2010). The purpose of this classification was to define seven standard ECOP Area Types for DoD real property at closing military installations with respect to the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 Section 120(h), as amended by the Community Environmental Response Facilitation Act (CERFA) of 1992, and Section 331 of the National Defense Authorization Act for Fiscal Year 1997.

The classification was intended to permit a DoD component, such as the ARNG, to classify property into one of seven ECOP Area Types in order to facilitate and support findings of suitability to transfer (FOSTs), findings of suitability to lease (FOSLs), and uncontaminated parcel determinations pursuant to the requirements of CERFA.

Each parcel comprising a subject property is identified on an ECOP Area Type Map as a specific, distinct ECOP Area Type. In this manner, the DoD component determines and categorizes each parcel of the subject property into one of the seven ECOP Area Types shown in Figure 1-1.

Parcels classified as ECOP Area Types 1 through 4 are suitable with respect to CERCLA Section 120(h) requirements for deed transfer to a non-Federal recipient. Parcels classified as ECOP Area Types 5, 6, or 7 require additional investigation, Memoranda of Understanding/ Agreement, and/or remediation efforts prior to any such transfer.

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It is noted that petroleum products and their derivatives, although excluded from CERCLA as discussed in Section 1.9 and Appendix K, are included within the scope of this classification.

Under DoD policy, parcels on which petroleum products or their derivatives have been released or disposed of may or may not be suitable for deed transfer until a response action has been completed.

This classification codifies ECOP Area Types, facilitates the preparation of standardized maps that can be used to support FOSLs and FOSTs, and facilitates the development of a standard practice and guide for conducting EBSs and preparing EBS reports (see Section 5 of this Handbook). The standard practice for conducting EBSs is set forth in ASTM D 6008-96 (Reapproved 2005).

1.6.2 AR 200-1 MILCON Property Site Classifications

ARNG-ILE-T requires AR 200-1 Category standardized classifications be identified for all parcels investigated within an ARNG PCA. Sufficient investigations must be performed as part of the PCA to support such classification in accordance with applicable standards, guidance, regulations, and other requirements.

AR 200-1 (Chapter 15-6) identifies three categories of site classification for MILCON properties, Categories I through III (see Figure 1-2). These classifications were originally introduced and developed by the US Army Environmental Center (now Command; USAEC) in 1999 within the Procedures Manual for the Environmental Survey and Clearance of a Construction Site (Manual; USAEC 1999) (see Section 6 of this Handbook). This guidance document is available on Government Knowledge Online (GKO).

1.7 ASTM Standards

Most of the elements for ARNG ECOP investigations and documents are derived from ASTM Standards (e.g., E 1527-05, E 1528-06, D 6008-96 (2005)), CERCLA, and the US Environmental Protection Agency (USEPA) "All Appropriate Inquiries Rule" (40 Code of Federal Regulations [CFR] Part 312), as modified by certain Army regulations. Applicable requirements are summarized in Section 1.9.

The applicable ASTM Standards are discussed in this Handbook and include:

ASTM D 5746-98 (2010); Standard Classification of ECOP Area Types.

ASTM D 6008-96 (2005); EBSs.

ASTM E 1527-05; Phase I ESAs.

ASTM E 1903-97 (2002); Phase II ESAs.

ASTM E 1528-06; TSAs.

ASTM E 2247-08; Phase I ESAs for Forestland or Rural Property.

Copies of these ASTM Standards are available on the internet (for a fee) and may be available from ARNG-ILE-T. Please contact ARNG-ILE-T with any questions.

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Figure 1-1: ECOP Area Types for CERCLA and Petroleum-Product Contamination (ARNG EBS)

The classifications for property contaminated1 with hazardous substances (as defined by CERCLA) and petroleum products are:

Area Type 1. Areas where no release or disposal of hazardous substances or petroleum products has occurred (including no migration of these substances from adjacent areas).

Area Type 2. Areas where only release or disposal of petroleum products has occurred.

Area Type 3. Areas where release, disposal, and/or migration of hazardous substances has occurred, but at concentrations that do not require a removal or remedial action.

Area Type 4. Areas where release, disposal, and/or migration of hazardous substances has occurred and where all remedial actions necessary to protect human health and the environment have been taken.

Area Type 5. Areas where release, disposal, and/or migration of hazardous substances has occurred and where removal or remedial actions are under way, but where all required remedial actions have not yet been taken.

Area Type 6. Areas where release, disposal, and/or migration of hazardous substances has occurred, but where required actions have not yet been implemented.

Area Type 7. Areas that have not been evaluated or require additional evaluation.

Figure 1-2: AR 200-1, Chapter 15-6, MILCON Property Site Classifications (ARNG PCA)

Category I - There is no reason to expect contamination will be encountered during construction.

Category II - There is no known contamination, there remains some potential that contamination may be encountered during construction.

Category III - The site is known to be contaminated or there is strong suspicion contamination will be encountered during construction.

1 In 1997, the meaning of ―uncontaminated‖ property was clarified by deleting the phrase ―stored for more than one year‖ from Section 120(h)(4)(A) of CERCLA. Parcels of property on which hazardous substances or petroleum products may only have been stored for more than one year - but not released or disposed of - are now deemed to be ―uncontaminated.‖ Definitions for the seven ECOP Area Types were revised by the DoD at that time to conform with the new meaning of uncontaminated. Although areas where hazardous substances or petroleum products were stored should be documented in an ECOP document, classification of these areas should not be based on storage unless a release is known or suspected.

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1.8 Key ECOP Terms

Three key terms used in ARNG ECOP documents deserve special attention. A key term in ARNG Phase I ESAs is the Recognized Environmental Condition, or REC. This is not to be confused with the NEPA use of the acronym "REC," which means a Record of Environmental Consideration, required for the use of some Army Categorical Exclusions2. Another key and often confusing term used in ARNG ECOP documents is the "de minimus" condition. Finally, the term Environmental Professional is important to understand. These key terms are defined below to provide the reader with an upfront understanding:

A Recognized Environmental Condition (REC), as defined by ASTM D 6008-96 (2005) and ASTM E 1527-05, identifies the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicate an existing release, a past release, or a material threat of a release of any hazardous substances or petroleum product into structures on the property or into the ground, ground water, or surface water on the property. The term includes hazardous substances or petroleum products even under conditions in compliance with laws. If an ECOP investigation identifies a REC on a subject property, then additional investigation is likely warranted.

A de minimus condition is defined by ASTM E 1527-05 as a condition that generally does not present a material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate Governmental agencies. Conditions determined to be de minimus are not RECs.

Identifying de minimus conditions and RECs is a judgment call by the Environmental Professional, based on that individual‘s knowledge and experience. However, in making that decision, the Environmental Professional must take into account the past use of the subject property and conduct ―appropriate due diligence‖ (see Section 1.9).

Specifically, 40 CFR Part 312.10 (the USEPA's "All Appropriate Inquiries Rule") defines the qualifications, based on education, training, and experience, required of an Environmental Professional to assess a subject property.

Environmental Professional is defined in 40 CFR Part 312.10 to mean:

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 (see 40 CFR Part 312.1(c)) on, at, in, or to a property, sufficient to meet the objectives and performance factors in 40 CFR Parts 312.20(e) and (f).

Such a person must:

Hold a current Professional Engineer's or Professional Geologist's license or registration from a State, Tribe, or US territory (or the Commonwealth of Puerto Rico) and have the equivalent of three (3) years of full-time relevant experience;

or

2 For clarity within this Handbook, the acronym REC always refers to a Recognized Environmental Condition. The acronym REC/Check refers to the ARNG Record of Environmental Consideration/Environmental Checklist process under NEPA (see Section 4.3).

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Be licensed or certified by the Federal Government, a State, Tribe, or US territory (or the Commonwealth of Puerto Rico) to perform environmental inquiries as defined in 40 CFR Part 312.21 and have the equivalent of three (3) years of full-time relevant experience; or

Have a Baccalaureate or higher degree from an accredited institution of higher education in a discipline of engineering or science and the equivalent of five (5) years of full-time relevant experience; or

Have the equivalent of ten (10) years of full-time relevant experience.

An Environmental Professional should remain current in his or her field through participation in continuing education or other activities.

The definition of Environmental Professional provided above does not preempt State professional licensing or registration requirements such as those for a professional geologist, engineer, or site remediation professional. Before commencing work, a person should determine the applicability of State professional licensing or registration laws to the activities to be undertaken as part of the inquiry identified in 40 CFR Part 312.21(b).

A person who does not qualify as an Environmental Professional under the foregoing definition may assist in the conduct of all appropriate inquiries if such person is under the supervision or responsible charge of a person meeting the definition of an Environmental Professional (provided above) when conducting such activities.

Relevant experience, as used in the definition of Environmental Professional in this section, means: participation in the performance of all appropriate inquiries investigations, Phase I ESAs, or other site investigations that may include environmental analyses, investigations, and remediation which involve the understanding of surface and subsurface environmental conditions and the processes used to evaluate these conditions and for which professional judgment was used to develop opinions regarding conditions indicative of releases or threatened releases (see 40 CFR Part 312.1(c)) to the subject property.

Pursuant to the definition, ARNG-ILE-T requires that all ARNG Final Phase I ESA and Final EBS documents be prepared, signed, and dated by an individual who meets the criteria for consideration as an Environmental Professional. In addition, all ARNG ECOP documents (e.g., including PCAs and TSAs) must be reviewed and approved by the state ARNG Environmental Program Manager (EPM) prior to sending the ECOP document to ARNG- ILE for review and approval (see Section 2.1).

Each Final Phase I ESA and Final EBS must be signed (and dated) by the responsible Environmental Professional attesting to the following statement, which shall be included within the Final Phase I ESA or Final EBS document:

I declare that, to the best of my professional knowledge and belief, I meet the definition of “Environmental Professional” as defined in Section 312.10 of 40 Code of Federal Regulations (CFR) Part 312. I have the specific qualifications, based on education, training, and experience, to assess a property of the nature, history, and setting of the subject property. I have developed and performed all of the appropriate inquiries in conformance with the standards and practices set forth in 40 CFR Part 312.

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1.9 Relevant ARNG ECOP Process-Applicable Laws and Regulations Various laws, regulations, and guidance are applicable to the ARNG ECOP process. These regulations generally include provisions to prepare an EBS for Federal real property transactions and MILCON actions. However, an EBS is not suitable for all ARNG proposed Federal real property transactions and MILCON actions; in some cases, an EBS would not provide the ARNG with sufficient legal protection. For example, an EBS would not be the appropriate form of ECOP documentation for a state ARNG's acquisition of real property from a non-Federal entity to support a MILCON action (e.g., construction of a Readiness Center). As such, this Handbook sets forth the clear guidance necessary to ensure ARNG requirements are accurately articulated and reflect existing ARNG-ILE policies and procedures.

These laws and regulations include the following, which are more thoroughly described in Appendix K:

CERCLA of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA) and the Small Business Liability Relief and Brownfields Revitalization Act of 2002 (Brownfields Amendments), is also known as the Superfund Act (42 United States Code [USC] 9601 et seq.). Four frequently used ECOP terms come from CERCLA: "Innocent Landowner Defense," "Innocent Purchaser Defense," "Appropriate Due Diligence," and "All Appropriate Inquiries."

40 CFR Part 312 sets forth standards and practices (i.e., the definition of "all appropriate inquiries") that define the extent to which an investigation needs to occur for environmental (ECOP) documents, as well as defines the required qualifications of an Environmental Professional.

AR 200-1, Environmental Protection and Enhancement (Chapters 15-5 and 15-6; 13 December 2007) requires preparation of ECOP documents for Army (and ARNG) Federal real property transactions and MILCON actions.

AR 415-5 is no longer applicable to ARNG MILCON actions, and has been wholly replaced by National Guard Regulation (NGR) 415-5 and National Guard Pamphlet (NG

PAM) 415-5.

NGR 415-5 sets forth the ARNG's implementation of AR 415-5. NGR 415-5, Army National Guard Military Construction Program Development and Execution (18 July 2003) provides guidance for any ARNG MILCON project which is funded in whole or in part with military construction appropriations. The regulation details the steps and responsibilities associated with MILCON projects for the ARNG. NGR 415-5 requires that the funding for MILCON-associated ECOP investigations come from the state ARNG and not the Federal Government. This regulation also states that any acquisition of real property for MILCON requires, at minimum, an EBS or equivalent ECOP document, completed by the Construction and Facilities Management Officer (CFMO), before construction begins. NGR 415-5 also describes the roles and responsibilities of all parties involved with ARNG MILCON projects. This includes requiring that ARNG-ILE review and approve all environmental documentation required to acquire and construct on real property as part of the MCNG program.

NG PAM 415-5, Army National Guard Military Construction Program Execution (31 July 2003) provides guidance to the CFMO on how to program, design, and execute the state ARNG's military construction program. NG PAM 415-5 states that the appropriate ECOP documentation must be complete and approved by ARNG-ILE before ARNG-ILI (ARNG Installations Division) grants authority for the project.

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Memorandum, ARNG-ILI (All States Log Number P06-0008), Deadlines for Military Construction (MILCON) Projects for Fiscal Years 2009 and Beyond summarizes the ARNG ECOP requirement, based on the above regulations, and establishes time requirements for completing the environmental review process for ARNG MILCON actions, including ECOP investigations.

ARNG-ILE ECOP Standard Operating Procedure (SOP; 14 March 2007). This ECOP Handbook was built upon the original guidance provided in the 2007 ECOP SOP. The Handbook does not significantly change this guidance, but rather expands and clarifies the information provided in the SOP. This Handbook, upon publication of its Final version, replaces the 2007 SOP in its entirety.

Please see Appendix K for additional information.

This ECOP Handbook is a ―living‖ document and may be changed as new guidance becomes necessary to address additional or changing issues or requirements. This Handbook is not a reinvention of current DoD, DA, or ARNG ECOP guidance; rather, it is a guide for the ARNG in order to assist in implementing current laws, regulations, and policies related to the ECOP process as it applies to ARNG Federal real property transactions and MILCON actions.

Users are encouraged to follow closely the guidance and procedures presented in this Handbook. Exceptions should be discussed in advance with ARNG-ILE-T.

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ARNG ECOP Handbook Section 2

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SECTION 2: Roles and Responsibilities in the ARNG ECOP

Process

The roles and responsibilities of various agencies and departments within the ARNG MILCON process are specified in NGR 415-5 (see Appendix K). The following sections summarize, for ARNG Federal real property transactions and MILCON actions, the roles and responsibilities of key participants, notably as related to the ECOP process (investigation and documentation) requirement.

2.1 State ARNG

Ultimately, the state ARNG's CFMO is responsible for ensuring compliance with both the ECOP and NEPA requirements associated with any Federal real property transaction or MILCON action with which the state ARNG is involved. The CFMO is responsible for environmental accountability of State real estate and real property used by the ARNG and MILCON actions. This responsibility is as assigned by The Adjutant General (TAG) in accordance with State regulations and policies.

The CFMO, working with the state ARNG EPM, as assigned, is responsible for ensuring the state ARNG's implementation of the ARNG's ECOP requirements.

Overall, the CFMO ensures ECOP document completion and approval per NGR 415-5 and other applicable regulations.

The state ARNG EPM, or his qualified designee within the state ARNG's Environmental Office, typically leads ECOP efforts, and ensures the adequacy of ECOP investigations and documents. The state ARNG EPM must review and approve each ECOP document prior to sending the ECOP document to ARNG-ILE for review and approval (see Section 12).

2.2 ARNG Directorate (Headquarters)

At the ARNG Directorate level, ARNG-ILE, and specifically ARNG-ILE-T, reviews and approves ARNG ECOP documents per NGR 415-5. In some specific cases, ARNG-ILE may consult with National Guard Bureau (NGB) Judge Advocate (Legal) Branch (NGB-JA) for a professional legal opinion. Please refer to Section 12 of this Handbook that details the ARNG-ILE-T review and approval process associated with ARNG ECOP documents.

ARNG-ILI also oversees the MCNG process at ARNG Headquarters level per NGR 415-5;

ARNG-ILI-E (Installations Division, Real Estate Branch) approves Federal real property actions and issues real property directives.

Overall, prior to ARNG-ILI approval of an ARNG Federal real property transaction or MILCON project, the state ARNG must demonstrate to ARNG-ILI that the ECOP (and NEPA) requirements described in this Handbook have been satisfied. Coordination between ARNG-ILE-T, ARNG-ILI, and ARNG-ILI-E, as appropriate, ensures this review and approval is secured prior to moving forward with an action, in accordance with applicable requirements.

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2.3 Headquarters, Department of the Army

Headquarters, Department of the Army (HQDA) is the executive element of the DA. As the highest level headquarters in the Army, HQDA exercises directive and supervisory control over all other levels, including the ARNG. In the broadest context, HQDA is composed of the Office of the Secretary of the Army; Office of the Chief of Staff, Army; the Army Staff; and specifically designated staff support agencies.

HQDA becomes involved in the ARNG ECOP process only if Army property is involved in the real property transaction or MILCON project. In all other ECOP matters, the Army delegates review and approval authority to the ARNG Directorate. The ARNG Directorate is responsible for coordinating the ECOP process with HQDA, as necessary and appropriate. In such cases, the following HQDA offices may be involved in the ARNG ECOP process; as necessary, other HQDA offices might be required to provide review and comment on relevant ARNG ECOP documents:

Assistant Secretary of the Army for Installations and Environment (ASA (I&E)) .

Deputy Assistant Secretary of the Army, Installations and Housing (DASA (I&H)).

Army Environmental Division (DAIM-ISE).

The Judge Advocate General, Environmental Law Division (OTJAG).

In addition, for ARNG ECOP documents involving Army-controlled land, the involved Army installation‘s Environmental Management Division within the Directorate of Public Works may also provide historical and current use data, data concerning storage and release of hazardous substances and petroleum products, or other relevant data. In addition, the installation‘s Environmental Management Division may also serve as a reviewer of the ARNG ECOP document.

2.4 Other Federal Agencies

In cases where an ARNG ECOP document is for an ARNG Federal real property transaction involving, or a MILCON project on, another Federal agency's land, that Federal agency may provide input into the preparation of the ECOP document, as well as serve as a reviewer of that document. The involvement of other Federal agencies within the ARNG ECOP process is coordinated and overseen by ARNG-ILE, as the ultimate Federal decision-maker for ARNG actions.

2.5 Key Participants

Other key participants in the ARNG ECOP process may include:

State ARNG Environmental Program Staff - develop or provide input into the ARNG ECOP document. Such staff may also review ECOP documentation prepared by a Consultant.

ARNG Proponent - provides timely and detailed, appropriate information to other involved ARNG elements concerning the Federal real property transaction or MILCON action, the subject property, relevant point-of-contact information, and other necessary information for completing the ECOP investigation and documentation.

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Land Owner3 - whether Federal or non-Federal, provides key information concerning current and past uses of the subject property and possibly adjacent properties. This may include other DoD, other Federal, or various non-Federal agencies, as well as private land owners.

State and Local Government Officials/Political Agencies - provide key information on land use, concerns, past or current violations , and information on the known or potential release of hazardous substances or petroleum products at a subject property and its vicinity.

Prior Land Owners, Adjacent Property Owners, Key Site Manager, Occupants, Operators, and Other Knowledgeable Individuals - provide key information concerning current and past uses of the subject property and possibly adjacent properties, as well as data on known or potential storage, use, disposal, treatment, or release of hazardous substances or petroleum products at a subject property and its vicinity.

These non-ARNG key participants shall be interviewed as part of the ARNG ECOP process, in full accordance and fully complying with the requirements of the applicable ASTM Standards as described in this Handbook.

2.6 Other Participants

Other participants may include Federal, State, and local regulatory agencies having knowledge or data concerning a subject property's past or current potential for release of hazardous substances or petroleum products. In addition, others may be consulted, as appropriate and as available, to determine the potential for presence of such substances on a subject property. Involvement of these other participants shall be, at a minimum, as required under the applicable ASTM Standard(s) described in this Handbook.

Should issues be identified during the ECOP process, the current land owner typically retains the responsibility for addressing such issues. However, it is noted that as part of the ECOP process, the ARNG, in most states, is not required to convey its findings to appropriate regulatory authorities; that responsibility resides with the current land owner. In some states, however, the ECOP document preparer is required to notify the appropriate state regulatory agency in the event of a discovered release; this is an issue that the state ARNG must address before the ECOP investigation is conducted.

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ARNG ECOP Handbook Section 3

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SECTION 3: Planning and Initiating an ARNG ECOP

Investigation

3.1 Selecting the Appropriate ECOP Investigation/Document

Historically, state ARNGs entered into the ECOP process with many questions concerning how to select the appropriate ECOP investigation/document for a specific Federal real property transaction or MILCON project.