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HomeMy WebLinkAbout2004-11-08 05-14 ORDERItem No. 05-14 Date: 11-08-04 Itern/Subject Order, Authorizing the City Manager to Execute an Investigatory Scope of Work for Bangor International Airport Responsible Department: Legal By Council Order 04-118 adopted on April 12, 2004, the City Council authorized the City Manger to enter into a Consent Agreement and Final Ober for In the Flatter of the CIty ofBangpr, Maine, ROM 01-2003-0042/CWA-01-2004-0055/RCRA-01-2004-0098, with the United States Environmental Protection Agency. Since then, the Cry has continued negotiating with EPA regarding BIA's fuel facilities. This Order would authonze the Cry Manger to execute a negotiated scope of work to investigate possible fuel contamination associated wth the aviation fuel facility and pipeline distribution system. - Department Head Manager's Comments: �f- LYty Manager f finance Dlreatnr X Passage Fret Reading Page _ of Referral // OS -14 .p., n,stRaearocow�nor ca,mKu mo,:me� a. zona CITY OF BANGOR (IIRE.) ORDER, Authorizing the City Manager to Execute an Investigatory Scope of Work for Bangor International Airport By Me dty Cow of Me Oxy ofeargm: ORDERED, THAT The City Manager is hereby authorized to execute a Scope of Work for environmental investigation at the Bangor International Airport as an addendum to a Consent Agreement and Final Order for In the Matter of the City of Bangor, Maine, RCRA-01-2003-0042/CWA-01-2004-0OSS/RCRA-01-2004-0098, with the United States Environmental Protection Agency. The City Solicitor or Assistant City Solicitor shall approve the Scope of Work's final form. I9 CITY C CIL Wowen er 0, 2006 Hation Made and Seconded for Passage Pas CLPg[ — (mLE,) Authoriafne the city Mesmer to ftecute an Investigatory Scope of Work for Bangor International Airport Msignee W Councilor TABLE OF CONTENTS _ In re: The City of Bangor, ME Consent Agreement and Final Order I. PRELIMINARY STATEMENT ..:.............................. 2 II. TERMS OF SETTLEMENT ................................... 6 Civil Penalty .............................................. 6 Additional Settlement Provisions ............................... 7 Supplemental Environment Proed .............................. S RCRA Order: AFF Training .....................2.... I....... 13 lnveatioidm.............. ............................. 14 Access.................................................. 19 Stipulated Penalties ... .......... ............ ..... ...... :... 22 Interest. Fees. and Penalties ................................. 26 Adddional Provisions.-..' .................................... 26 Force Me sure ... .......... ........... ......... ........... 27 Effed of Settlement Reservafon.of Rioln ...................... 29 Indemnification of the lJnited States ............................ 30 -Sevembilitv............... ..... _.._,. _................ 30 Incorporation and Enforceability of Documents ................... 31 Signatures ............................................... 31 I11. FINAL ORDER ............................................. 33 _i_ 4"O"%, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY p ,.A/ L REGION 1 a 1 CONGRESS STREET, SUITE 1100 BOSTON, WSSACHUSEITS 021142023 IrnmE 40 kd6V'Z W� CERTIFIED MAIL- ) RETURN RECEIPT REQUESTED 0o' P"9PdkA'dEU3Sl�`C 19 November 2003 Edward A. Barrett, City Manager City of Bangor 73 Harlow Street Bangor, ME 04401 Re: In the matter of. The City of Banaor. ME: EPA Docket No. RCRA- 0042/CWA-01-2004-0055/RCRA-01-2004-0098 Dear Mr: Barred: I enclose a copy of the Consent Agreement and Final Order that has been signed by the Regional Judicial Officer(the,RJO' and entered in this action. Please note that the full penalty payment of fifty-nine thousand, five hundred and sixty-eight dollars ($59,588), is due within 40 days from the date of the signature of the Final Order. Thank you for your Cooperation and willingness to resolve this matter and to move forward to address environmental compliance at the City's facilities, Sincerely, David Peterson Sr. Erdorcement Counsel cc: Richard Piligian, EPA Douglas Koopman, EPA Ray Cody, EPA - ScottWhidier,MeDEP - Tna Em.•14e&3I lltalN kdrosa LRL). Mp://wwwApag *11 wq<xwppneae.Pnmr x VyxmNal BI Inlu m A ,W Pyv slim... M a¢Immum0 05-14 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY NEW ENGLAND REGION BEFORE THE ADMINISTRATOR In the Matter of ) ) ) CITY OF BANGOR ) 73 Harlow Street ) CONSENT AGREEMENT Bangor,Maine, 04401 ). AND FINAL ORDER ) EPA ID Nos. MEROW500629 ) MER000500637 ) MER000500645 ) MER000501379 - ) Proceeding under Sections ) EPA DOCKET -00 Conserv and 3013 of the Resource ) RCRA-01-2003-0042 Conservation and Recovery. ) CW 04-0055 Act, 42 U.S.C. §§ 6928(a) and 6834 ) RCRA-01-2A-01-2004-0098 and Section 309(8) of the Federal Water ) _ Water U.S.C, 13 Cont9(g) Act, ) 42 .C. §9319(9) .) CONSENT AGREEMENT AND FINAL ORDER The United States Environmental Protection Agency ("EPA°or"Complainant'), .having filed a civil administrative Complaint, Compliance Order, Notice of Opportunity for Hearing, and Notice for Opportunity to Confer ("Complaint) on September 30, 2003, - and an Amended Complaint, Compliance Order, Notice of Opportunity for Hearing, and. Notice for Opportunity to Confer ('Amended Complaint) having been deemed filed on June 1, 2004, against Respondent, the City of Bangor, Maine, in accordance with 40 C.F.R. §§ 22.13 and 22.14; and, Complainant and Respohdem having agreed that settlement of this matter is in the public interest, and that entry of this Consent Agreement and Final Order CCAFO") without further litigation is the most appropriate means of settling this matter; NOW THEREFORE, before the taking of any testimony, without any adjudication of issues of law or fact herein, and upon consent and agreement of the Pasties, it is hereby Ordered and Adjudged as follows: I. PRELIMINARY STATEMENT 1. EPA is pursuing this proceeding for the assessment of a, civil penalty pursuant to Sections 3008(a) and (g) of the Resource Conservation and Recovery Act (-RCRA'). 42 U.S.C. § 6928(a) and (9), and Section 309(8) of the Federal Water Pollution Control Act ("Clean Water Act" or "CWA-), 33 U.S.C. § 1319(g). 2, The Complainant alleged in its Amended Complaint that Respondent: (a) treated hazardous waste on-site at four separate locations without a license, in violation of Section 3005(a) of RCRA and Chapter 856, § 4A of the State of Maine Hazardous Waste Managemept Rules ("the Maine Rules"), and treated hazardous waste by evaporation, in violation of Chapter 854, § 5B of the Maine Rules; (b) failed to submit notifications of hazardous waste activities and failed to have Identification Numbers for Respondent's Department of Public Works (°DPW") and Bangor International Airport ("BIA") facilities, in violation of Section 3010 of RCRA and Chapter 851, § 6A of the Maine Rules; (c) failed to provide adequate hazardous waste management training to all employees with hazardous waste management -2- responsibilities at the DPW, Aviation Fuel Farm ('AFF), and BIA facilities, in violation of Chapter 851, § 8B(5) of the Maine Rules, which incorporates by reference the requirements of 40 C.F.R. § 264.16; (d) failed to maintain facifty training plans at its DPW, AFF, and BIA facilities, in violation of Chapter 851, § 8B(5) of the Maine Rules, which incorporates by reference the requirements of 40 C.F.R. § 264.16; (e) failed to have contingency plans for the DPW, AFF, and BIA facilities meeting the requirements of 40 C.F.R. § 264.52, in violation of Chapter 851, § 8B(5) of the Maine Rules; (f) failed to conduct hazard waste determinations at its Motor Pool ("MP'), DPW, AFF, and BIA facilities, in violation of Chapter 851, § 5. of the Maine Rules and 40 C.F.R. § 268.7(a); (g) failed to properly operate its facilities in a manner that would prevent potential releases of hazardous waste at the MP and the BIA facilities, as required by 40 C.F.R. § 264.31, in violation of Chapter 851, § 8B(5) of the Maine Rules; and (h) discharged untested waste water containing pollutants, as defined in Sections 502(6) and (12) of the CWA, 33 U.S.C. §§ 1362(6) and (12), from the MP building to Birch Stream, a water of the United States within the meaning of 40 C.F.R. § 122.2 and, hence, navigable waters under Section 502(7) of the CWA, 33 USC. § 1362(7), without a National Pollutant Discharge Elimination. System ("NPDES') permit, in violation of Section 301(a) of the CWA, 33 U.S.C.§1311. 3. As part of its Complaint, Complainant also Ordered CRCRA Order) Respondent to: (a) immediately cease hearing hazardous waste on-site without a license, in accordance with Section 3005 of RCRA and Chapter 856, § 4A of the Maine Rules, and immediately cease treating hazardous waste by evaporation, in accordance with Chapter 854, § 5B of the Maine Rules; (b) within sixty (60) days provide hazardous -3- waste management training to all employees at the DPW, BIA, and AFF facilities with hazardous waste management responsibilities, in accordance with Chapter 851, § 88(5) of the Maine Rules, which incorporates by reference the requirements of 40 C.F.R. § 264.16; (c) within thirty (30) days develop facility personnel training plans for the DPW, BIA, and AFF facilities meeting the requirements of Chapter 851, § 88(5) of the Maine Rules, which incorporates by reference the requirements of 40 C.F.R. § 264.16; (d) within thirty (30) days prepare and maintain a complete hazardous waste contingency plan for the DPW, BIA, and AFF facilities, in accordance with Chapter 851, § 8B(5) of the Maine Rules, which incorporates by reference 40 C.F.R. §§ 264.51 and 264.52; (e) within thirty (30) days determine whether wastes at its facilities are hazardous, in accordance with Chapter 851, § 5 of the Maine Rules and 40 C.F.R. §§ 262.11 and 268.7(a); (f) within thirty-five (35) days have all hazardous wastes identified at all of Respondent's facilities properly labeled dated, inspected and managed, in accordance with federal and state standards, including: Chapter 851, - §§ BB(2), 8B(3), 813(4), 8B(5), 13C(7)(b), and 13D of the Maine Rules; (g) immediately manage its facilities in a manner that minimizes the potential for a release of hazardous wastes, in accordance with Chapter 851, § BB(5) of the Maine Rules, which incorporates by reference 40 C.F.R. § 264.31; and (h) within sixty-five (65) days submit to Complainant written confirmation of its compliance (accompanied by a copy of any appropriate supporting documentation) or noncompliance with the requirements set forth in the RCRA Order. 4, On December 9, 2003, Respondent filed an Answer and requested a hearing on the Complain, pursuant to 40 C.F.R.§22.15. Following the deemed filing -4- of the Amended Complaint on June 1, 2004, and due to ongoing settlement discussions, on June 24, 2004, August 2, 2004, and November 9, 2004, Respondent was granted Mations to extend the period for fling an Answer to EPA's Amended Complaint, pursuaritto 40C.F.R.§22.14(c). That Answer is now due on November 29, 2004. 5. Respondent submitted to the Complainant written confirmation of its compliance with the RCRA Order within the required time period. However, Respondent identified a number of issues that potentially affected the regulatory status of the Al and deferred action on those aspects of the RCRA Order that addressed a number of the RCRA Order's requirements for the AFF facility, pending resolution of the outstanding issues with EPA. The regulatory status and compliance requirements for the AFF are further addressed under Paragraphs 20 - 24 of this CAFO. 5. As part of recent discoveries and investigations by Respondent in response to issues raised during settlement of this case, a shallow plume of petroleum (Jet A ful contaminated groundwater was idenfi ietl at the AFF, with other release points identified along a pipeline that runs between the AFF and the BIA terminal area. See maps generally showing Respondent's AFF, SIA, DPW, and MP facilities (Attachments A-1 and A-2). Because efforts to address this recent discovery are so - closely related to other compliance efforts addressed under this CAFO, Respondent agrees to initiate investigation of the Jet A fuel contaminated groundwater in order to determine whether the release of such fuel or other hazardous waste by the For purposes mule WOW A leer shall mean any season Mel handled or spored acme P£F by Responded or mnsimmed vis Na MA Mel pipeline maninnien syspam for and from Me AFF by ResppnEanL 5 Respondent may present a substantial threat to human health or the environment, in accordance with Section 3013 of RCRA, 42 U.S.C. § 6934 (the °Investigation"). Respondent admits to the jurisdiction of EPA to require the actions agreed to herein under the authority of Section 3013 of RCRA, 42 U.S.C. § 6934. The Investigation is further addressed under Paragraphs 25-36 of this CAFO. 7. This CAFO shall apply to and be binding upon EPA and Respondent. 8. For purposes of this CAFO and any action to enforce this CAFO, without trial or litigation of Me issues oradjudication of the fads, Respondent (a) admits that EPA has jurisdiction over the subject matter alleged in the Complaint and the Amended Complaint, (b) neither admits nor denies the factual allegations contained in the Complaint and the Amended Complaint, and (c) consents to the. terms of this CAFO. 9. Respondent hereby waives its right to a judicial or administrative hearing or appeal on any issue of law or fad set forth in the Complaintand the Amended Complaint with regard to Me violations alleged pursuant to Sections 3008(a) and (g) of RCRA, 42 U.S.C. § 6928(a) and (g), and Section 309(g) of the CWA, 22 U.S.C. § 1319(g). IL .TERMS OF SETTLEMENT Civil Penalty 10. Pursuant to Sections 3008(a) and (g) of RCRA, 42 U.S.C. § 6928(a) and (g), and Section 309(g) of the CWA, 33 U.S.C. § 1319(g), based on the nature of the violations alleged in EPA's Complaint and Amended Complaint, Respondent's agreement to perform a Supplemental Environmental Project ("SEP'), and other 0 relevant factors, EPA has determined that an appropriate civil penalty to settle the seven RCRA counts and one CWA count alleged in EPA's Amended Complaint, and listed in Paragraph 2 above, is in the amount of fifty-nine thousand, five hundred and sixty-eight dollars ($59,568). _ 11. Not more than ten (10) days after the effective date of the Final Order, signed by the EPA Regional Judicial Officer, Region 1, or her delegates, Respondent shall submit a cashiers or certified check, payable to the order of the "Treasurer, United States of America," in the amount of fifty-nine thousand, five hundred and sixty-eight dollars ($59,538), to: EPA -- Region I P.O. Box 360197M Pittsburgh, PA 15251 and shall provide copies of such check to: Regional Hearing Clerk (Mail Code RAA) and David M. Peterson . U.S. Environmental Protection Agency Senior Enforcement Counsel One Congress Street, Suite 1100 U.S. Environmental Protection Agency Boston, MA 02114 One Congress Street, Suite 1100 (SES) Boston, MA 02114 The check shall bear the was name and docket number. Interest and latecharges, it any, shall be paid as speed in Paragraph 41 herein. Additional Settlement Prov cions 12. By execution of this CAFO, Respondent consents to issuance of this Consent Agreement and Final Order and consents for the purposes of settlement: (a) to the payment of Me civil penalty cited in Paragraph 10; (b) to the performance of the SEP, described in Paragraphs 13 -19, below; (c) to continue compliance with the -7- RCRA Order, described in Paragraphs 3, 5, 20, and 22-24, herein; (d) undertake certain AFF training efforts, described in Paragraphs 5 and 21-24, herein; and (e) to conduct the Investigation, as described in Paragraphs 6 and 25-36, herein, and the Investigation Statement of Work (herein after the "Investigation SOW), which is herein incorporated by reference (Attachment B). The Investigation will address the release or potential release of Jet A fuel and/or other intermixed hazardous wastes at or from Respondent's Facilities (as defined in Attachment B) that may present a substantial threat to human health or the environment. Supplemental EMIP t 13. Respondent shall complete the following SEP, which the parties agree is intended to secure significant environmental or public health protection and improvements. Not later than April 29,2005, Respondent shall switch from petroleum diesel fuel to a biodiesel fuel ("3-20") for all of Respondent's diesel vehicles ("Biodiesel SEP"). At any fime during the course of the SEP, Respondent may also provide biodiesel fuel to contractor -owned and operated diesel vehicles, and provided that such fuel is used solely in connection with services provided to Respondent by such contractors, such fuel use shall be considered a part of,this SEP. 14. Respondent shall complete the SEP by purchasing and exclusively using B-20 for the SEP period, as described in Paragraphs 13 and 15, herein. The use of 8- 20, compared to petroleum diesel, has been estimated to reduce air emissions of hydrocarbons by 21%, particulates by 5%-10%, and carbon monoxide by 11%. The SEP is more specifically described in the scope of work (hereinafter, the "SEP Scope of -8- Work"), attached hereto as Attachment C and incorporated herein by reference. 15. The total expenditure for the SEP shall be not less than the present value of $165,432' (hereinafter, the "SEP Amount'), in accordance with the specifications set forth in the SEP Scope of Work. The cost of the SEP is based on the differential between the cost of petroleum diesel and 13-20 biodiesel and Respondent's (and Respondent's contactors') anticipated Consumption of diesel fuel during the SEP period. Based on Respondent's esi mated consumption of diesel fuel and a cost differential of $0.40 a gallon, the SEP period will be twenty-two (22) months from the start of the SEP on April 29, 2005'. Respondent shall not reinstate the use of Petroleum diesel in its owned diesel vehicles at any time during the SEP period', except in accordance with Attachment C. The SEP Amount shall be recalculated using the EPA's PROJECT Model if the fuel price differential or Responia (and Respondent's contractors') diesel Consumption rate, as desaibed in Attachment C, changes more than 25% over a period of twelve months, prior to the full SEP Amount being spent. Respondent shall include documentation of the expenditures made in connector with the SEP as part of the SEP Progress Reports and SEP Completion Report, as discussed in Paragraphs 17.a and 17.1c, below and Attachment C. Based on the wneMlnbrmatbn Madrid by Reapandend and ping EPA's PROJECT Model (Into money dalvlCom iancNtivw remNe -act. to calculate Ste time value of money, RespoMentis required ro pay$1lei mmueb me end of the SEP Wait in order to My we present value of the SEP, see Anacumem C, Exhien t. This cast differential betuem the prim ahodiesal and petroleum diesel will tlkary be reduced under the Amencen Jobe Creation Ad, P110 M (O& 21, 2000), which reduces extend taxes on biodiesel. The desire becomes effective on Oecember 31, 2004, 11 4 The actual SEP periW may mm for eMermore or less Nen the estimated Mrenhvive months demanding on Respondents (and Respondents mntradon) actual diesel had consumption and venation in The price differential common bko iesel and witmeum diesel. -9- 16. Respondent hereby certifies that, as of the effective data of this CAFO, Respondent is not required to perform or develop the SEP by any federal, state or local law or regulation, nor is Respondent required to perform or develop the SEP under any grant or agreement with any governmental or private entity, as qundive relief in this or any other case, or in compliance with state or local requirements. Respondent further certifies that Respondent has not received, and is not presently negotiating to receive, credit in any other enforcement action for the SEP. 17. SEP Reports a. SEP Progress Reports. Respondent shall submit Progress Reports on November 29 and May 29 of cath year during the SEP period to EPAin accordance with Paragraph 8.1. of Attachment C. It. SEP Completion Report. Respondent shall submit a SEP Completion Report to EPA, in accordance with Paragraph 8.2. of Attachment C. C. Respondent agrees that failure to submit any SEP Progress Report or the SEP Completion Report required by subparagraphs (a) and (b) above shall be deemed a violation of this CAFO, and Respondent shall become liable for stipulated penalties pursuant to Paragraphs 19 and 38.b, below. - d. Respondent shall submit all notices and reports for the SEP required by this CAFO by first Wass mail to: Rich Piligian _ RCRA Technical Unit Office of Environmental Stewardship U.S. Environmental Protection Agency, Region 1 One Congress Street, Mail Code SER Boston, Massachusetts 02114-2023 -10- i and David Peterson Senior Enforcement Counsel Office of Environmental Stewardship U.S. Environmental Protection Agency, Region i One Congress Street, Mail Code SES _ Boston, Massachusetts 021142023 e. In itemizing its costs in the SEP Progress and Completion Reports, Respondent shall clearly identify and provide acceptable documentation for all eligible SEP costs. Where the SEP Progress Reports and SEP Completion Reports include costs not eligible for SEP credit, those costs must be clearly Identified as such.. For purposes of this paragraph, "acceptable documentation' includes invoices, purchase orders, or other documentation that specifically identifies and itemizes the individual costs of the goods and/or services for which payment is being made. Canceled drafts do not constitute acceptable documentation unless such drafts specifically identify and itemize the individual costs of the goods and/or services for which payment is being made. 18. Respondent shall maintain legible copies of documentation of the underlying data and supporting information for any and all documents or reports submitted to EPA pursuant to this CAFO for a Period of three (3) years following completion or termination of the SEP and shall provide the documentation of any such - underlying data and supporting information to EPA not more than fifteen (15) days after a request forsuch information. In all documents of reports, including, Without limitation, any SEP Progress Reports or the SEP Completion Report, submitted to EPA pursuant to this CAFO, Respondent shall, by its municipal officers, sign and certify under penalty _1y of law that the information confained in such document or report is true, accurate, and not misleading by signing the following statement: I certify underpenalty of lave that l have examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, 1 believe that Me information is true, accurate, and complete. i am aware that there am significant penalties for submitting false information, including the possibility of fines and imprisonment. 19. PPA acceptance of SEP C lef Report a. After receipt of the SEP Completion Report described in Paragraph 17,1b. above, EPA will notify the Respondent, in writing regarding: (i) any deficiencies in the SEP Completion Report itself ("Notice of Deficiency') and granting Respondent an additional thirty (30) days to correct any deficiencies', or (ii) EPA's conclusion that the SEP has been completed -in accordance whh Attachment C; or (iii) EPA's conclusion that the SEP, or any portion of the SEP, has not been completed in accordance with Attachment C ("Notice of Incompleteness'), which may include an additional :determination that EPA has assessed stipulated penalties in accordance with - Paragraph 38.b, herein. b. If EPA notifies Respondent pursuant to Paragraph 19(a)(h or (iii), Respondent may object in writing ("Notification of Objection") to the Notification of Deficiency or the Notice of Incompleteness given pursuant to this paragraph within ten (10) days of receipt of either a Notification of Deficiency or the Notice of Incompleteness. EPA and Respondent shall have an additional thirty (30) days from the receipt by EPA of the Notification of Objection to reach agreement on the changes -12- necessary to the SEP Report or on the additional work necessary to complete the SEP. If agreement cannot be reached on any such issues within this thirty (30) day period, EPA shall provide a written statement to Respondent of its decision on the deficiency or the incompleteness, which decision shall be final and binding upon Respondent and Respondent shallcorrect the defciendes or incompleteness in the SEP Completion Report. In the event the SEP is not completed as described herein, as determined by EPA, stipulated penalties shall be due and payable by Respondent to EPA in accordance with Paragraph 38.b herein. - RCRA Order. AFF Tainst 20. RCRA Order a. Respondent agrees to continue to meet the requirements of the RCRA Order issued on September 30, 2003, as set forth In Paragraphs 56 through 67 of EPA's Complaint, except those provisions of Paragraphs 58, 59, and 60 that pertain to the AFF. b. The City's training and contingency planning shall be amended to address the management and disposal of waste fuels that meet federal hazardous waste standards. 21. At the AFF facility, within sixty (60) days of the effective date of this CAFO, Respondent shall provide appropriate hazardous waste management training to all employees at the AFF handling jet fuel -contaminated wastes. 22. Within sixty-five (55) days of the effective date of this CAFO, Respondent shall submit to EPA written confirmation of its compliance (accompanied by a copies of any training records, the amended training and contingency plans required under -13- Paragraph 20.1b, and any additional supporting documents) with the requirements set .forth in Paragraph 20.b and 21, above., 23. Respondent shall submit the above required information and notices to: Rich Piligian RCRA Technical Unit - Office of Environmental Stewardship U.S. Environmental Protection Agency, Region 1 One Congress Street, Mail Code SER Boston, Massachusetts 021142023 David Peterson Senior Enforcement Counsel Office of Environmental Stewardship U.S. Environmental Protection Agency, Region 1 One Congress Street, Mail Code SES Boston, Massachusetts 02114-2023 24. If Respondent fails to comply with the requirements of Paragraphs 20 through 23, above, within the time specified, Respondent shall pay stipulated penalties as set forth in Paragraph 38.c., below, upon written demand from EPA. Invest'aa6ons 25. For purposes of this CAFO and enforcement of this CAFO, Respondent agrees not to contest EPA's assertion that the release of any hazardous waste from Respondent's Facilities may present a substantial hazard to human health or the. environment. Accordingly, pursuant to Section 3013 of RCRA, 42 U.S.C. § 6934 Respondent hereby agrees to perform the Investigation, including such monitoring, testing, analysis and reporting as specified in Appendix B, in the manner and by the dates specified, Respondent also agrees that, prior o the execution of this CAFO, it has conferred with EPA on the scope and work plan of the Investigation (see -14- Attachment B), in satisfaction of Section 3013(c) of RCRA, 42 U.S.C. § 6934tc) and waives its right to any further conference. The Invesfigation (as defined in Attachment B) undertaken pursuant to this CAFO shall be performed in a manner consistent with, at a minimum: Attachment B; RCRA and other applicable federal laws and their - implementing regulations; and applicable EPA guidance documents. 26. Respondent shall perform the Investigation in accordance with this CAFO and all plans, standards. specifications, and schedules set forth in or developed by Respondent and approved by EPA, with review by the State of Maine Department of Environmental Protection ("MeDEP'), pursuant to Attachment B. 27. Respondent shall provide EPA copies of any communications, correspondence, plans, standards, spec cations and schedules developed by - Respondent and reviewed or approved by MCDEP, regarding investigation or cleanup measures at Respondent's fscilibes, pursuant to Attachment B. _ 26. EPA reserves any applicable authority and jurisdiction to require Respondent to take additional measures, beyond any that may be required by McDEP. 29. The following three individuals shall be designated Project Manager for their respective organizations: EPA: Rapheal Cady U.S. Environmental Protection Agency One Congress Street, Suite 1100 Boston, Massachusetts 02114-2023 ATTN. RCRA Corrective Action Unit (617) 916 -1366 (617) 918- 1291 (fax) cody.ray@epa.gov -15- CITY OF BANGOR: Charles Mitchell "of Bangor 73 Harlow Street Bangor, ME 04401 (207)992-4259 (207) 9454445 (fax) chades.mdchell@bgone.org WIDEP Scott Whither Maine Department of EmAromnental Protection 17 State House Station Augusta, ME 04333-0017 (207)287-2851 soolt.whidler@maine.gov Respondent's Project Manager shall be responsible for overseeing the implementation of the activities required under Attachment B and for designating a person to ad in his/herabsence. 30. All communications between Respondent, EPA, and McDEP and all documents, reports, approvals, and other correspondence and communications. concerning the Investigations Performed pursuant to Attachment B shall be directed by the relevant Project Manager to the other tyro Project Managers. a. Respondent may change its Project Manager but agrees to provide at least five (5) days written notice prior to EPA and Me DEP prior to changing its Project Manager. - It, The absence of the EPA Project Manager from the Facility shall not be cause for the stoppage of work being conducted pursuant to Attachment B. 31. Any repod, document or other written communication submitted by -16- Respondent pursuant to Attachment B which makes any representation concerning Respondent's compliance or noncompliance with any requirement of Attachment B shall be certified by a responsible municipal officer of Respondent or a duly authorized representative. The certification shall be in the following form: I earthy that this document and all attachments were prepared under my direction or supervrsiomin accordance with a system designed M evaluate the information _ submitted.. I carrrry that the Information contained in or accompanying this submittal is true, accurate, and complete. As b those mendfiedpomon(s) of thrs submittal Mr which I cannot personally verify the accuracy, 1 carthy that this submittal and all attachments were prepared in accordance with procedures designed M assure that qualified personnel property gathered and evaluated Me. information submitted. Based on my inquiry of the person orpersons who manage the system, or Mesa directly responsible forgathering the information, or the immediate supervisor of such person(s), the information submitted is, M the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including Me possibility of fine and imprisonment ler knowing violations. 32. Upon receipt of a submission by Respondent of a submittal pursuant to the SOW, EPA shall approve the submission, approve the submission with conditions or disapprove the submission. In the was of approval with conditions, or disapproval, EPA will state its reasons for the conditions or disapproval in writing. Except as - othenvise provided in this CAFO, in the event Respondent disagrees, in whole or in part, with EPA's approval with conditions or disapproval of any submission pursuant to Attachment S, or if there is any other dispute that arises under Attachment B, Respondent shall notify EPA of its objections (or the dispute) by providing EPA with a written statement of position within fourteen (14) days of (i) receipt of EPA's approval with conditions or disapproval, or (ii) Respondent's ideri ifcefion of the facts giving rise to the dispute. Respondent's statement of position shall set forth the specific matters in -17- dispute, the position that Respondent asserts should be adopted as consistent with the requirements of this CAFO, the basis of Respondent's positron, and shall include any supporting documentation. EPA may provide a written response to Respondent's statement of position. 33. EPA and Respondent shall have an additional fourteen(14)days from EPA's receipt of. Respondent's statement of positron to meet or confer to attempt to resolve the dispute. If agreement is reached, Respondent shall (i) in the case of a disputed submission, submit a revised submission and implement the same in accordance with such agreement, or (ii) in the case of any other dispute that arises under Attachment B, implement the resolution in accordance with terms of such agreement. 34. If EPA and Respondent are not able to reach agreement within the fourteen (14) day period, Respondent may request a meeting with the Director of the Office of Site Remediation and Restoration ('OSRR'), EPA Region I, within seven (7) days of expiration of the fourteen (14) day period in order to make an oral presentation of its positron. Whether an oral presentation shall be conducted is in the discretion of the Director of OSRR, EPA Region I. Either after the expiration of the fourteen (14) day period or, if timely requested by Respondent, after Respondent's oral presentation, if any, the Director of OSRR, EPA Region I will issue a written decision, based on (i) in the case of a dispute over a submission, the submission(s) at issue, EPA's written statement of approval with conditions or disapproval, and a statement of the position of the Respondent, or (ii) in the case of any other dispute under Attachment B, Respondent's statement of position and any EPA response thereto. That written -18- decision shall be incorporated into and become an enforceable part of this CAFO and shall no longer be subject to dispute. Respondent shall comply with the terms and conditions of this decision on the dispute. If the Respondent does not agree to perform or does not actually perform the milk in accordance with EPA's decision, EPA reserves the right in its sole discretion to conduct the work itself, to seek enforcement of the decision, to seek stipulated penalties, and/or to seek any other appropriate relief. 35. In no event shall an obligation or deadline pursuant to Attachment B be tolled if Respondent is not in a timely and good faith manner pursuing resolution of the dispute. Notwithstanding the invocation of this dispute resolution procedure, Respondent shall proceed, at the direction of EPA, to take any action required by those potions of the submission and of the CAFO that EPA determines are not substantially affected by the dispute. The invocation of dispute resolution does not stay the accrual of stipulated penalties under this CAFO. 36. Unless there has been a written modification by EPA of a compliance date, a written modification by EPA of an approved workplan condition pursuant to Attachment B, or excusable delay as defined in Paragraph 46 of the CAFO (Force Majeure), if Respondent fails to comply with any term or condition set forth in the CAFO, Attachment B, and workplan approved pursuant to Attachment B in the time or manner specified herein, Respondent shall pay stipulated penalties as set forth in Paragraph 38A., below, upon written demand from EPA. Access 37. The following provisions address access issues for implementing the -19- CAFO: a. EPA, its contractors, employees, and/or any EPA representatives are authorized to enter and freely move about Respondent's Facilities pursuant to this CAFO for the purposes of, inter alis: interviewing facility personnel and contractors; inspecting records, operating logs, and contracts related to Respondent's Facilities; reviewing the progress of Respondent in carrying out the terms of the SEP, RCRA Order and AFF Training, and Investigations; conducting such tests, sampling, or monitoring as EPA deems necessary; using a comers, sound recording, or other documentary type equipment; and verifying the reports and data submitted to EPA by Respondent. Respondent shall assist EPA in coordinating its activities with applicable officials in Me Federal Aviation Administration, the Department of Homeland Security, and the Department of Defense lc address airport safety and security issues at the SIA. Respondent agrees to provide EPA and its representatives access at all reasonable times to Respondent's Facilities, including areas occupied by Respondent's tenants, and subled to subparagraph b below, to any other property to which access is required for implementation of this CAFO. Respondent shall permit such persons to inspect and copy all records, files, photographs, documents, including all sampling and monitoring data, Mat pertain to work Undertaken pursuant o this CAFO and that are within the possession or under the control of Respondent or its contractors or consultants. b. To the extent that work being performed pursuant to this CAFO must be done beyond Respondent's Facilities' property boundary or within areas occupied by Respondents tenants, Respondent shall identity by name, address and location the property to which access may be required, within thirty (30) days of the identification of -20- such property. In addition, Respondent shall use its best efforts to obtain access agreements necessary to complete work required by this CAFQ from the present owner(s) or tenants of such property within thirty (30) days of approval of any workplan for which access is required. Best efforts as used in this paragraph shall include, at a minimum, a certified letter from Respondent to the present owner(s) or tenant of such property requesting access agreement(s) to permit Respondent, EPA, MCDEP, and their authorized representatives to access such property, and an offer to pay reasonable consideat on for granting such access. Any such access agreement shall provide for access by EPA, MCDEP and their representatives. Respondent shall insure that EPA's and McDEP's Project Managers have a copy of any access agreement(s). In the event that agreements for access are not obtained within thirty (30) days of either the date of approval of any workplan for which access is required or the date that the need for access became known to Respondent, Respondent shall notify EPA in writing within fourteen (14) days thereafter of both Me efforts undertaken to obtain access and the failure to obtain such agreements. EPA may, at its discretion, assist Respondent in obtaining access. In the event EPA obtains access, Respondent shall undertake EPA - approved work on such property as required under this CAPD. C. Respondent agrees to indemnify the United States for any and all claims against EPA arising from Respondent's activities on such property. d. Nothing in this paragraph limits or otherwise affects EPA's right of access and entry pursuant to applicable law, including RCRA. - e. Nothing in this paragraph shall be construed to limit or otherwise affect Respondent's liability and obligation to perform work under this CAFQ, including work 1 pursuant to Attachment B beyond the Respondent's facilities, notwithstanding the lack of access. However, notwithstanding the foregoing, failure to obtain access will be evaluated by EPA as to whether the lack of access shall be considered a force majeure event under Paragraphs 4549, so long as all efforts required under this Paragraph 37 have been undertaken. Stipulated Penalties 38. Respondent shall be liable for stipulated penalties, as set forth below.A violation of this CAFO, subject to stipulated penalties, includes failing to perform any obligation required by the terms of this CAFO (including any work plan or schedule approved under this CAFO), Attachment B, and Attachment C and within the specified time schedules established by or approved under this CAFO, Attachment B or Attachment C. - a. Failure to Pay Civil Penalty. For failure to submit the civil penalty pursuant to the terms of Paragraph 10 and 11, above, Respondent shall pay stipulated penalties in the following amounts for each day during which the payment is not received: Period of Fit to Comply Penalty PViolation P rDay 1st through 30t' day $500 W day and beyond $1,000 b. Failure to Complete SEPiFailu a to Spend Agreed-upon Amount In the event that Respondent fails to comply with the terms or provisions of this CAFO and Attachment C relating to the performance of the SEP described in Paragraphs 13-19, above, and/or to the extent that the actual expenditures for the SEP do not equal or -2z. exceed the SEP Amount described in Paragraph 15, above, Respondent shall be liable for stipulated penalties according to the provisions set forth below, (i) Except as provided in subparagraph (ii) immedlately below, in the event that Respondent fails to initiate and undertake the SEP pursuant to this CAFO and Attachment C, Respondent shall pay a stipulated penalty to the United States of $180,097 or the recalculated SEP Amount under Paragraph 15, above. (ii) If the SEP is not completed in accordance with Paragraphs 13-19, above, and/w Attachment C, but the EPA determines that the Respondent: a) made good faith and timely efforts to complete the project: and b) certifies, with supporting documentation, that at least 90 percent of $180,097 or the recalculated SEP Amount under Paragraph 15, above, was expended on the SEP, Respondent shall not be liable for any stipulated penalty. (iii) If Respondent's total expenditure for the SEP is less than 90% of $180,097 or the recalculated SEP Amount under Paragraph 15, above, and Respondent has not either paid the unspent balance to the United States Treasury nor used the balance to conduct an alternative SEP, in accordance with Paragraph A(8) of Appendix B, Respondent shall pay a stipulated penalty equal to one dollar for each one dollar of difference between the actual cost of the SEP and $180,097 or the recalculated SEP Amount under Paragraph 15, above. (iv) If the SEP is completed In accordance with Paragraphs 13-19 and -23- Attachment C, and the Respondent spent at least 90 percent of the amount of money required to be spent for the project, Respondent shall not be liable for any stipulated penally. (v) For failure to timely submit the SEP Completion Report required by Paragraph 17(b) above, Respondent shall pay a stipulated penalty for each day until the report is submitted in the amount of. Period of Failure to Comply Penalty Per Violation Per Day 1a' through 301h day $250 31" through 60" day $500 W day and beyond $1,000 (vi) For failure to submit any SEP Progress Report required by Paragraph 17(a), above, Respondent shall pay a stipulated penalty for each day after the report was originally due in the amount of. Period of Failure to Comoly Pamaltv Per Violation Per Day 1"through 30"day $125 31"though 6V day $250 6V1 day and beyond $500 - (vii) Subject only to the provisions of Paragraph 19, above, alydeterminations of whether the SEP has been completed in accordance with Attachment C and whether the Respondent has made a good faith, timely effort to implement the SEP shall be in the sole discretion of EPA. (viii) Stipulated penalties for subparagraphs b(v) and (vi) above shall begin to accrue on the day after performance is due, and shall continue to accrue through the final day of the completion of the activity. In no event, however, shall the total amount of stipulated penalties due and owing exceed $180,097 or the recalculated SEP Amount under Paragraph 15, above. C. Failure to Meet RCRA Ordgr andAFF Training Requirements: For failure to complete any of the work or submit any of the documents required under the RCRA Order and AFF Training requirements, as described in Paragraphs 3, 5, and 20-24, above, Respondent shall pay stipulated penalties in the following amounts for each day during which the work is not completed or the document not submitted. Period of Failure to Comply Penalty Per V olatioa Per Day V through 301" day $250 31"through W day $500 61"day and beyond $1,000 - d. Failitip to Meet It' t' Requirements: For failure to complete any of the work or submit any of the documents required under the Investigation requirements, as described in Paragraphs 6 and 25-36, above, and the requirements set forth in Attachment B, Respondent shall pay stipulated penalties in the following amounts for each day during which the work is not completed or the document not submitted. Period of Failure to Comply Penalty Per Violation Per Day 1"through 30h day $250 31"through 8O"day $500 61" day and beyond $1,000 39. -Unless otherwise provided herein, stipulated penalties under this Section shall begin to accrue on the day after performance is due or on the day a violation occurs, whichever is applicable, and shall continue to accrue until performance is satisfactorily completed or until the violation ceases. Stipulated penalties shall accrue simultaneously for separate violations of the CAFO. zs- 40. Respondent. shall pay stipulated penalties within thirty (30) days of receiving the EPA's written demand, following the procedures in Paragraph 11. interest, Fees andPena 41. Pursuant to Sections 309(g)(9) of the CAVA, 33 U.S.C. §§ 1319(g)(9), a failure by Respondent to pay the CWA portion of the penalty (22 percent of any penalty amount owed) in full by its due dates may subject the Respondent to a civil action to collect the assessed penalty, plus interest at current prevailing rates from the date of the Final Order. The rate of interest assessed shall be. at the rote set forth in 31 C.F.R. § 901.9(d), promulgated under 31U.S.C. § 3717. EPA is entitled to assess interest and penalties on debts owed to the United States and a charge to cover the cost of processing and handling a delinquent claim, including attorney's fees, costs for collection proceedings, and a quarterly nonpayment penalty for each quarter during which such failure to pay persists. Such nonpayment penalty _ shall be in an amount equal to twenty percent of the aggregate amount of Respondent's penalties and nonpayment penalties that are unpaid as of the beginning of such quarter. Interest will therefore begin to accrue on a civil or stipulated penalty R it is not paid by the last date required. In any such collection action, the validity, amount, and appropriateness of Ne penalty assessed in this paragraph shall not be subject to review. Additional Prowinons 42. Unless as otherwise expressly stated herein, nothing in this CAFO shall be construed as prohibiting, altering or in anyway limiting the ability of EPA to seek any -26- other remedies or sanctions available by virtue of Respondent's violation of this CAFO or any other violation of the statutes and regulations upon which this. CAFO is based, or any other violation of any applicable provision of law. 43. Any public statement, oral or written, in Pont, film, or other media, made by Respondent's municipal officers making reference to the SEP shall include the following language. This project was undertaken in connection with the settlement of an enforcement action taken by the U.S. Environmental Protection Agency for violations of Sections 3002, 3004, and 3005 of RCRA, 42 U.S.0 §§ 6922, 6924, and 6925, the regulations promulgated thereunder at 40 C.F.R. Parts 262, 264, 265, and 268; Chapter 13 of Title 36 of the Maine Revised Statutes (M.R. S.A.) (Chapter 13); the regulations promulgated thereunder, found at Chapfer 800, atseq. of the Stale of Maine Hazardous Waste Management Rules (the Maine Rules); and Section 301(a) of the Clean WaterAcl, 33 U. S. C.§1311(a). 44. This CAFO shall not relieve Respondent of Its obligation to comply with all applicable provisions of federal, state or local law, nor shall it be construed to be a ruling on, or determination of, any issue related to any federal, state or local permit, nor shall it be construed to constitute EPA approval of the equipment or technology installed by Respondent in connection with the SEP undertaken pursuant to this CAFO. Force Majeure 45. If any event Occurs which causes or may cause delays in the completion of the any obligation by Respondent as required under this CAFO, Respondent shall notify EPA in writing, at the address listed in Paragraph 29 for matters addressed under Paragraphs 25-36 and at the address listed in Paragraph 23 for all other matters addressed under this CAFO, not more than ten (10) days after the delay or 2/. Respondent's knowledge of the anticipated delay, whichever is earlier. The notice shall describe in detail the anticipated length of the delay, the precise cause or causes of the delay, the measures taken and to be taken by Respondent to prevent or minimize the delay, and the timetable by which those measures will be implemented. The Respondent shall adopt all reasonable measures to avoid or minimize any such delay. Failure by Respondent to comply with the notice requirements of this paragraph shall render this paragraph void and of no effect as to the particular incident involved and constitute a waiver of the Respondent's right to request an extension of its obligation under this CAFO based on such incident. 46. If the parties agree that the delay or anticipated delay in compliance with this CAFO has been or will be caused by circumstances beyond the reasonable control of Respondent or its contractors, the time for performance hereunder may be extended for a period no longer than the delay resulting from such circumstances. In such event, the parties shall stipulate to such extension of time. 47. In the event that the EPA does not agree that a delay in achieving compliance with the requirements of this CAFO has been or will be caused by circumstances beyond the reasonable control of the Respondent or its contractors, EPA will notify Respondent in writing of its decision and any delays in the completion of any requirement under the CAFO shall not be excused. 48. Such decision shall be binding unless Respondent requests in writing, within seven (7) days after receipt of the EPA notice, a determination on the decision by the EPA Region t Director of the Office of Site Remediation and Restoration for matters addressed under Paragraphs 25-36 and the EPA Region 7 Director of the -28- Office of Environmental Stewardship for all other matters under the CAFO. The applicable Director will issue a written decision on the dispute within thirty (30) days of receipt of the written request. Within this thirty day period, upon Respondent's request, Respondent may have the opportunity to discuss the dispute with the applicable EPA Region 1 Director, subject to the Director's discretion, prior to issuance of the Director's written determination. If the Director determines that the delay in achieving compliance with the requirements of this CAFO is not due to circumstances beyond the reasonable control of Respondent, stipulated penalties shall accrue and shall be due and payable by Respondent to EPA, in accordance with Paragraph 38 herein. On Me other hand, if the Director determines that the delay in achieving compliance with the requirements of the CAFO is due M circumstances beyond the reasonable control of Respondent, Respondent shall be not liable for stipulated penalties that othermse would have - accrued during the dispute resolution process set forth in this Paragraph. 49. The burden of proving that any delay is caused by circumstances beyond the reasonable control of the Respondent or its contractors shall rest with the Respondent. Increased costs or expenses associated with the implementation of actions called for by this CAFO shall not, in anyevent, be a basis for changes in this CAFO or extensions of time under Paragraphs 4548 herein. Delay in achievement of one interim step shall not necessarily justify or excuse delay in achievement of subsequent steps. Effect ofSettlement Reservation of Rights 50. This CAFO constitutes a settlement by EPA and a covenant not to sue or 9 bring further administrative proceedings pursuant to Section 3008(a) of RCRA, 42 U.S.C. § 6928(a) and Section 309(9) of the CWA, 33 U.S.C. § 1319(g), with regard to all claims for civil penalties for the violations specifically alleged in the Complaint and Amended Complaint. Nothing in this Consent Agreement and Final Order is intended to nor shall be construed to operate in any way to resolve any criminal liability of the Respondent. Nothing in the CAFO shall be construed to limit the authority of the United States to undertake any action against Respondent in response to conditions that may present an imminent and substantial endangerment to the public health, welfare, or the .environment. indemnification of the U i dStates Glueenumen 51. Respondent agrees to indemnify and save and hold harmless the United .States government, its agencies, departments, agents, and employees, from any and all claims or causes of action against EPA arising from or on account of acts or omissions of Respondent or its officers, employees, agents, independent contractors, receivers, trustees, and assigns in carrying out activities required by this CAFO. This indemnification shall not be construed in any way as affecting or limiting the rights or obligations of Respondent or the United States under their various contracts. Sevembilifv 52. If any provision or authority of this CAFO or the application of this CAFO to any party or circumstances is held by any judicial or administrative authority to be invalid, the application of such provisions to other parties or circumstances and the remainder of the CAFO shall remain in force and shall not be affected thereby. -30- NN -19-2 1121 inconapration idErforceabilibrofDocuments 53. All Attachments to this CAFO and all submittals as approved or modified by EPA which are required by this CAFO shall be deemed incorporated into, and made an enforceable pad of, this CAFO. 54. Each undersigned representative of the parties to this Consent Agreement certifies that he or she is fully authdr¢ed by the party represented to enter into the terms and conditions of this Consent Agreement and to execute and legally bind that party to a. 55. Each party shall bear its own costs and attorneys fees in connection with the action resolved by this CAFO. For Respondent Edward Edward,�J��� A. Barrett, Ciry Manager City of, Bangor 23 Harlow Street Bangor, ME 04401 Date: Jram Es A tant City$oIIGtOr Date: NuveMirlar Igr -.tray EPA Do fNa.. RCRA-01-2003-00411CW,4-0102004-00551AC -01-1004-0098 dl. TOTnL P.02 For EPA: > W Stephen S. Perkins, Director Office of Environmental Stewardship U.S. Environmental Protection Agency, Region I Date: It- 14-O� A;41A lw�z- David M. Peterson, Esq. Senior Enforcement Counsel Date: r iy0' EPA Docket Nos. RCRA-01-2003-00421CWA-0102004-00551ACRA-01-2004-0098 -32 III. FINAL ORDER The foregoing Consent Agreement is hereby approved and incorporated by reference into this Order. The Respondent is hereby ordered to comply with the terms -- of Paragraphs 1-9 and 12-55 of the above Consent Agreement, effective immediately. The requirements of Paragraphs 10-11 (payment of civil penalty) of the above Consent Agreement shall become effective thirty (30) days from. today. Date: ( I O art Dig deer Acting Vicon ental ro coon fficer U.S. Environmental Protection Agency Region I EPA Docket Nos. RCRA-01-2003-004VCWA-0102004-0055/RCRA-01-2004-0098- -33- Al IAONMENT A-1 BANGOR INTERNATIONALAIRPORT - l} �. 1 ANOVIGIN1W BANGOR, MAINE < v 4 e , i 1 1 r1u 17, ldl ,I .� 1 1 gj '�Y p !1%pp • i �I of � �� S\ �' 1 \���'_y N zwo a mo woo �y. F.. 6 EINFEET ATTACHMENT B INVESTIGATION STATEMENT OF WORK Page 1 This Statement of Work (SOW) defines the work that the City of Bangor, Maine (Respondent) shall perform regarding investigation activities at Respondents Aviation -Fuel Farm (AFF), Jet A fuel' pipeline distribution system, and any adjacent areas involving Jet A fuel (collectively. the Respondent's Facilities)' under the direction of the United States Environmental Protection Agency (EPA)(the "Investigations). This SOW shall be enforceable under the forms of the Consent Agreement and Final Order (CAFO) for In the Matter of the City of Bangor, Maine, RCRA-01-2003-0042/CWA-01- 2004-0055/RCRA.01-2004-0098, of which this Attachment B and attached Exhibit 1 IS incorporated by reference. See Paragraphs 6 and 25 - 36 of the CAFO.. I. Introduction A. Guidance for Required Work The work required under this CAFO, as speed in this SOW, must be performed in accordance with accepted standards of professional practice and applicable EPA and/or MCDEP guidance documents, unless deviation from such practice or applicable documents is authorized in writing by EPA, B. Health and Safety Planning All 0eld work requiredunderthis SOW, must be performed in accordance with a health and safety plan, which shall be developed and implemented to ensure compliance with all applicable state and federal occupational health and safety regulations. C. Approvals The lead regulatory agency for the Investigation described in Section It of this SOW will be EPA. Accordingly, Investigation proposals, work plans, Schedules and/or reports will be subject to EPA approval. EPA will seek MCDEP review and comment on Investigation proposals, work plans, schedules and/or reports. Respondent will copy MCDEP on all Investigation proposals, work plans, schedules and/or report submittals to EPA. For purposes of his Sunni of work anti Me'Phase I Crarempaa0on of Potential AFF INIs Source Areas Work Nan- Bangor International Airport Aviation Futl Fatuity and Plasmas chairman System. Bangor oi handled or addeine d al Ne AT Ey Be C,ry a Bangor or l tre sporte0 via Ne Jet A pipeline shall nedlstnbufion systemfear Who Mom the AFF by the city of Bangor. Information avelable to EPA indorses Nat the source and distribution of Jet toil rmeases may origlnetemarr more than am area of Ne AFFanNorppellne disNbutlon system For purposes of Mia SOW Me -pipeline diimMuser system insurer, bat Is has limited to subsurface fuel lines, wMults, valves, pundion poxes ardlar'lecerels.' ATTACHMENT B INVESTIGATION STATEMENT OF WORK Page The lead regulatory agency for Clean Up Actions, as described in Section IV of this SOW will be McDEP. Accordingly, Clean Up Action proposals, work plans, schedules and/or reports will be subject to McDEP approval, with copies of all of Respondent's submittals to McDEP also sent to EPA. - D. Maine Ground Water Oil Clean Up Fund Reimbureement The parties understand that the Stale of Maine statutes, 38 M.R.S.A. § 561 at, seq., regarding coverage of oil clean up costs by the Ground Water Oil Clean up Fund (the Fund) will be utilized by McDEP to determine the amount and extent of any coverage for eligible cleanup casts under that Fund. EPA and Respondent will evaluate the scope of the Investigation, in consultation with MCDEP, considering eligible reimbursement coverage under the Fund. However, work required by EPA under this SOWis not limited to only work eligible for reimbursement under the Fund. E. Coordination with Department of Defense The properties that are currently the Respondent's Facilities are all part of the former Dow Air Force Base, a Formerly Used Defense Site (FUDS). Active Any and Air National Guard facilities are also present adjacent to Respondent's Facilities. To the extent predicable, the parties to this SOW will seek to share information and coordinate actions with the appropriate authorities within the Untied States Department of Defense (DOD), in conducting the Investigations required under this SOW. It. Investigation Respondent shall thoroughly evaluate Me nature and extent of the releases of Jet A fuel and/or other intermixed hazardous waste at, near or from the Respondent's Facilities. Information collection will be coordinated with the MCDEP to facilitate the State's oversight of any potential Clean Up Actions that the State might require. - The Investigation shall be conducted as described below. A. Phase 1 Characterization of Potential AFF and Pipeline Source Areas Respondent shall undertake the activities detailed in the Work. Plan, attached hereto as Exhibit A and made a part hereof, pursuant to the schedule contained ATTACHMENT.B INVESTIGATION STATEMENT OF WORK pages therein'. Respondent shall prepare and submit separate Phase I Reports for any Fa11NJinter 2004 investigations and then for any subsequent Phase I Characterization investigations conducted in 2005, to EPA with a copy to MCDEP, as specified in the Work Plan. - Each of the wet Phase I Reports shall be due thirty (30) days following completion of Phase 1 field activities. B. Work Plan for Phase 11 Characterization If the Phase I Characterization activities indicate that additional investigations are required to adequately assess site contamination within the Aviation Fuel Farm and pipeline distribution system involving Jet A fuel, within thirty (30) days following submittal of the Phase 1 Reports, Respondent shall submit to EPA, with a copy sent to MCDEP, a Phase II Characterization Work Plan to conduct the - additional investigations. That Phase 11 Workplan shall be structured to: 1. ludher identify and characterize all actual or potential releases of Jet A fuel and/or other intermixed hazardous waste (for example, further characterization to the extent that site or environmental conditions at the time of Phase I soil vapor methods (e.g., high groundwater _ table elevation) may not have allowed for the intended ahamcterization of the AFF and pipeline distribution system); and 2. define the lateral and vertical extent of soil and dissolved -phase Jet A fuel and/or other intermixed hazardous waste contamination at, near or from the AFF and pipeline distribution system and/or Phase I -identified source areas. III. Identification of Environmental Conditions Respondent shall continually evaluate environmental data as It is generated in comparison with the following screening criteria. 1. The concentrabohs detected in soil samples exceed 5 uglkg (ppb) gasoline range organics(GRO). This action level corresponds to Woe, as dexNbed and drecletl under Me Phase IA podion of the Phase 1 Work Plan, has already have been Inblaled on a voluntary basis by Raapondent In coordination with EPA, poor to Na efadlve date of are CAFO and tire Abashment ATTACHMENT INVESTIGATION. STATEMENT OF WORK rovi McDEP's Clean-up Goal for its'Intermediate° Categor%; 2. the concentrations detected in groundwater samples exceed McDEP drinking water standards. These standards are: 35 ppb (unit for MTBE, 50 ppb for GRO and 50 ppb for DRO. The GRO and DRO standards are the laboratory practical quantltation limits (Pi for Mese analyses. For purposes of characterization, the standard for benzene shall be 1 ppb and for purposes of this SOW, benzene may be quantified from the GRO analysis;` 3. information, data or observations from the Phase I or II Characterization activities, including Work Plan development, identifies a likely subsurface AFF or pipeline distribution system leak or break, or indicates the presence of residually -saturated or free -phase oil and/or hazardous waste: 4. information, data or observations from the Phase I or II Characterization activities, including Work Plan development, idenfifies likely potential vapor intrusion at, near and/or inside buildings where indoor air quality may be impacted: and 5. information, data or observations from the Phase I or II Characterization activities, including Work Plan development,. identifies discharge(s) or threat of discharge(s) of oil and/or hazardous substances into navigable waters of the United States. IV. Clean Up Actions Clean Up Actions are measures designed to control or abate threats to human ' Sae generally. Mei Bureau of riemedusion anoWaste Maregenend Summary of Driniting Water Standards 8 Perm Creeds for to Most Common Oil Contaminants (In PPB). In praceival Guidelines for Establishing Arum Levels and Rernedofion Goals her 0e seemed afvl 9Oil Consummated Soo and GmulM Water In Maine, APpanor C. hitolivere.mainvedoe/deWrmm/dub w-onsM rev/Mree2Ce0 bM haessed Jury Z2. 2004)@a ver marmot to as WeDEP's Guidelines). The purposeof MCOEP's IWilammate Clean-up Goal Is Yo prevent NMer groundwater contamination and allow for mound groundwater dearrup W ppyakal processes. dock and aloorm degradation, or Wall Ovee. AnaddNanal purpose is to eliMnate amfinetl apace ezpbsmn hazards and deuesse Pe pNemial for human sgwsure to hydrocarbon repots. Where this mandard is aparArri it Is assumed that Me aroor soil maynot M avall lmmetlatebe used y attainable Rgmundvrater human consummon rhwntiminalalon isuhi Thre reason MronL] the this is the heavilme y l undermost groundwater may re-commminate dean soil as navy equilibrium mncentraticm in 0eM media are established- In, at Expanalion of Cr lle and Coen -up Action levels and Gmis. EPAIMendstouse MCDEP'a Intermediate SOY Cleanup Goal for improve of tltaraUerizalion. EPA acknaMedgei MCOEP Gdtlel'mes Nal Mei ration levels typicellyapply-only to the mast enaAlve'P-e_. -stringent"rategary)siks. Id,atlntmdootm. EPA intends to use MCDEP dmidmgwaterstanda is for purposes a(UtareUerizetbn. ATTACHMENT INVESTIGATION STATEMENT OF WORK Page 5 health and/or the environment from releases of oil and/or hazardous waste, and to prevent or minimize the further Spread of contamination. Pursuantlo Paragraph 27 of the CAFO, Respondent shall provide EPA copies of any correspondence, plans, standards, specifications, and schedules developed or approved by MCDEP regarding clean up or investigation measures at Respondent's Facilities. In the event of any release or discharge of oil and/or hazardous waste from fire facility that is subject to applicable reporting requirement; Respondent shall undertake such notifications required under its Facility Response Plan ("FRP") and Spill Prevention, Control and Countermeasures Plan ("SPCC') and applicable law.. in addition, during the period governed by the SOW, Respondent shall hardly the EPA Project Manager and the MCDEP Project Manager of such release or discharge within 24 hours of the discovery of the release or discharge. Further, Respondent shall submit a written report to EPA and MCDEP, within seven (7) days after each such release or discharge, selling forth the events that occurred and the actions taken or to be taken to mitigate any release of discharge or endangerment caused or threatened by the release or discharge and to prevent the reoccurrence of Such a release or discharge. V. Public Involvement Respondent shall prepare for full, fair and equitable public participation. To meet this objective, Respondent shall perform the following: A. Within ninety (90) days of the effective date of the CAFO, develop a public involvement plan that: 1. identifies all stakeholders re: Investigations at Respandent's Facilities; and 2. upon notice from EPA, MCDEP, or the public, provides stakeholders with a brief and concise, timely and informed written report with respect to the Investigation's progress or concerns at Respondent's Facilities. B. Within ninety (90) days of the effective date of the CAFO, develop an off- site information repository in a suitable location in Bangor that is easily accessible to the public for all records and documentation developed pursuant to the CAFO and SOW, including but not limited to all work plans, sampling results, submissions, and correspondence to or from EPA and McDEP. Such repository shall be available to the public during normal business hours and its documents made available for review upon ATTACHMENT B INVESTIGATION STATEMENT OF WORK Pags6 request. VI. Data Quality, Planning and Reporting - Respondent shall obtain the type, quantity and quality of data needed to support environmental decision making and shall prepare plans and reports that are correct, clearly written and delivered to end users (i.e. EPA, MCDEP, state and local governments, the public or other parties as designated by EPA or MaDEP) in a timely manner. To meet these objectives, Respondent shall perform the following during the Investigation: A. Provide data quality assurance procedures as part of work plans submitted and specific to the investigation methods proposed in accordance with current EPA and MCDEP guidance; B. EPA and Mi or their representatives shall be allowed to take split and/or duplicate samples of any samples collected by Respondent while performing Work under the CAFO and SOW. Respondent shall notify EPA and McDEP not less than seven (7) days in advance of any sample collection activity. EPA and McDEP shall have the right to lake any additional samples that are deemed necessary; C. Monitoring of the oil -water separator at the AFF for the accumulation of petroleum and reporting the findings in the Bi -Monthly Progress Reports; D. Prepare and Submit Bi -Monthly Progress Reports to EPA and MCDEP regarding activities under this SOW. Elements of the Bi -Monthly Progress Reports shall include: t.. a description of the tasks completed during the previous two months; 2. a description of any tasks planned for the previous two months, but not completed; & an explanation of why the tasks Were not completed; and a - proposal for how and when they will be subsequently completed; 4. a summary of the results of any data, collected as part of this SOWS activities and received during the past two months (including, but not limited to, data with regard to monitoring of the AFF oil -water separator); 5. a description of the tasks to be completed tluring the coming two ATTACHMENTS INVESTIGATION STATEMENT OF WORK Page l months; and 6. a description of any proposed clean up measures, if applicable, to be evaluated by MCDEP under Section IV, to address any risks to human health and/or the environment identified. E. For each report submitted to EPA and MCDEP, include the following certification signed by a person who supervised or directed the preparation of that report: Underpena#y of law, l car* that to the best of my knowledge, after appropriate inquiries of all relevant persons involved in the preparation of this repo@, the imiomration submitted is hue, accurate, and complete. I am aware Kat there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations. VIII. Conlacb For EPA: Raphael Cody Office of Site Remediation and Restoration U.S. Environmental Protection Agency, Region I Suite 1100-HBT - One Congress Street Boston, Massachusetts 02114-2023 Telephone: (617) 918-1366 Fax: (617) 918-1291 Cody. ray@epa.gov For McDEP' Scoff Whittier, Director Oil and Hazardous Waste Facilities Regulation Division Bureau of Remediation and Waste Management _ Maine Department of Environmental Protection State House Station #17 Augusta, ME 04333-0017 - scott.whittier@maine.gov For the City of Bangor. ME: Charles Mitchell - City of Bangor 73 Harlow Street Bangor, Maine 04401 Telephone: 207-9924259 Telefax: 207-9454446 charles:mftchell@bgrme.org EXHIBIT A -eaa prt,e scsuim3 Watbrmk.Muwa U1W2 Telephme IDl39tJWJ F G mde207-591-)329 b(aWgSrmsio e; Nmember 11, 20W Mr. Raphael Cody OMce of Site RemedlatJpn and Pascal RINI U.S. Fmlronmental Protection Agency-RegionISuite 1100-HBT One Gmgrem Strew Boston, h9A 02114-2025 — BamulwaexAweosca Ae: Phase l Cheac/adasgn of Potential AFF Oil Source Areas Work Plan Bangor International Almod Avlatin Fuel Facility and Plpeline Distribution System. Bangor, Maim SLGemein File No.: 25M4 I Oen Mr. Cody. On behalfof due City of Bangor, SLGenain &Associates, Inc. (SLGenaM) is pleased 0 protide Me foikevingPhase l plaracterimtipn of Potential Aviation Fuel Facility Oil Source Areas Work Plan (Work Plan)he performing a poll vapor survey m Me Bangor International Mrpod (BIA) Avedn Fuel Facility (AFF) and pilellne dishibubonsystem and perfonming well gauglingatmeAFF. For ns distribution system Includes We subsurface fuel Him,icoonhe duld valms,l ncilonPb ores eMrwlan the llaterel phis mumpleted wiitlr the active Jet A fuel pipeline system. ne she ffili areas off the BW b prellmirudty lmestlgme and luete Me aP tial droribu6 nripmit Me soil vapor surety Is to mollem anfiefiJ,analms soll vapori of Jett fuel impacts to soil and groundwater associated wind potential relaesas (hlModcal arWor sides) of Me pipeline disbibutln system. Thesurvayisdesignedbbeanitemthepiucesslnwfi h samplingm locations are determined based upon the results generated in @a field. The proposed sail vapor survey erase, as shwm on Figure t attached to this Work Plan, include the folblWrg P nd 1. tknown areae of Jat Afuel Impact et Me AFF, wfiidt Include Me areae sunaurhirrg the pump house and Lateal Pit 1: and 2. PlpeNe dieiributbn system between Lateral Pits 1 and 2. phrases 1. Lacteal Pits 2 through 11: and - l" 2. Ppalm distribution system In Me vicinity of Jet A impacted lateral pits. The purpose of "it gauging at the AFF (bmh wmar level and free product monitoring) Is to assluak the spatial distribution and iNckness of free product on Me water table surface (based on the ealsting"[I placement), the gaundwmr level and direction of greundwster flow, and the relationship of Me free product anal groundwater levels to prodpltemn aunts (frequency and depth} o Firm I Gvevlxlzelian 0 Portent AFF OW seems Nme Work Pan Bane InWnaloral AwKAv ItlM Fud Frbry and macre Ida4huBan Steam Bands, Mae M.Gar tin Re W.: al Newsreel > won Mp2 Thin Work Plan was developed following an DGoWlr T, ]004 meeting between the City of Bangor, U.S. EnNrondowhal Protection Agncy(°EPAJ, Maine Depanam nt of EnNmnmertal Promotion (MEDEP) and etOerm m anti aubnatumt commuNeaBon between the ptl SDILVAPORSURVI T SdIV Probe lr,smllation Temporary soil vapor probes will be Installed manually and soil vapor samples will be reacted from a depth of up k Sit below ground surtece sia). Pialimslary pmts locations are described in Table 1. Teale t — pashadnary SOI[ Vapor Sample Lomathome AFF Pipeline Diablbutim [aMost PAS 2-11 Pipeline Dmidbullon Handarpik Wand ensnd Systan WSystem arned i,So lan Gdd systan.'aee Initial assume inkmal 4pereach plf to®led wX aRea of label In TW—Amt FgureP of 50 feet Interval one side, pHs etwwing a adjustment to be epprodmadly 5 met of Jet A Had impact made In flew as from the Pit as ne«swry ngsw,pney Soil vapor sample locations and frequency may be set usted In the fleW.m reflect new additional hiskric Information reviewed (e.g., blue pinta, eeliel Pactogrepns. Sanborn news, Stare reeds. engineering studies, employee intervlewsl. or due to We conditions or reflemig marine; of pus tlmgoing eon nape kaNnB. Additional probe loearions (It needed) WR be veld dekrinined bawd on He cocunence of high soil vaporconcentarauus. The sol vapor Investigation Wit begin at the AFF arer meas where free prod nor was encountered and then proceed m sense where no free weduct was neutered (see Figure P). eased on the snit vapor concentration model in hese areas, a threshold concentration MR belt(te,refuNTe eeroobst beyond the th ld mncereshold conceentration wit as sntraflto on Im��Ihe War Th Neater of Nen threahold limit m to establish a soil vapor mnwntatlon Rn it that Is Indicative of soitlgroun lwater Intends from Jet A Nei that court require NMerifweetlgal or remadiatlm. -- annenter e mel up to 2 bgS SemPla kbin9 conslatle borehole MR be mn9lished of nequeda lurch(1/4-InaM1)ih0.l bw.eenstybpolyethyleneH (LDPE) tali, will be inseded Into Me open borehole. The hotel anti of Ne LDPE and in0 will resarA minbn'I2s N)e potentlel fored adlaBBing.nTin :ah bottomeend of Ina ubing will ba plairmbke aPprosimately &mannas above Ne Whom of lha tho ehas, surrounded by cleaInbreedn sllln aerw al" hadefll from linchea bnned elowte and INihe Wbin9 0 3lncnea above Na end of the Nbirg. The remaining annulerspece bstwean oe top of the silica wrw backfill and the ground surface MR sam be backfilled witHbll hydraan asmd mehar lm t0 form a seal: Adiagram odoohnf a typlml soil vaporprobe Is Moral througWtthe adindalwnd ndnlo th LD11 PE Who9(new pa n9 dd M Sempnn9 baoRe w)famatlon. 5e(ietmiu&Ana4.w1nc. • 806Ml • ewdww Miaa Qew2 telePhoN2WMLTM Mssn I cLausera von mPalerdel PFFalsorra Meawark%ei Bengw Intimw Md AtoodAvlellmi Pool Facey ow I'll annual Syelaa Bangar.Malre SLcamaln File No.: 2620A Nommearil.0n4 Pepe3 The peche and assembly Wit be decontaminated between each Maine Iecaflon by washing WM laboratory grade soap and prong with clean water. Facing and Samolinl Pdw to sample collecllal, atlead sea Waves dean vaperwlll be purl from the brahoue. One pugs volume is calculated man the sum of the volume of the LOPE tubing and Me disturbed diva warp annulus. Purging and sampling win be performed using a Geotech Goal II^^ peristtio pump. Athree-wey plastic weve WHO be used b connect the sample cubing to the pump and a vacuum gauge will be placed on the Intake side of the pump b recon vacuum during purging and sampling. AOew meter (mWmater) wfll be paced on tun pressure aide of Me pump to rams aldiow rate between the poop and the sample container. Sample confusion cubing and will Met come in confect with the sample air will b replaced bMean each probe ballon. The vawurn and flax Gages Win be deconlaminatad as necessary. SoAwporsampta 111 be collected In Tedul bags directlyfmm Me 000 Mcpump. Aguas- ' waypie o"lwlllbeusedbtweeniMpumpend TOd rbg. Asearafe Tesler gpg will be used fare l cell vapor sample and pump tubing will be neptual between each sample bcatlon, unless sampling inaalae no selection Of hydrocadmns above background leads. Fad Anal a SOL Vals r SamPga Soil vapor samples wgl has field analysed usual a Foxboro NA l NO forms loMmSon rescue - (FID) with a defection range of O— 50,00 parts per milllon(PPM). TMflDwlllbausedto adimst FDconceniratiorIMrPPMPln addition, low Osand el tetl COs caan be llcaltire offlove Mm,We(mnge MvollumBl0b25%O 61100%GO�CF%lad maa field leB will GEM e a516reted Ea Meco manufedurefs speafications. InaresOrelevaWdhydrocarbonrmmm�hams mFIDflameoutauld:occur,salt dilutions of IM sample will be parfomled as recessary. To dull the sample, a known Volume a Mesal vapor sample all be injected Into a Tesler beg using a syringe, followed by a known Vobraofamblentalr. The ratio of air to sample win dowmeme Me dilution faclor of the sample. Son vapor samples will also b checked in the field for the presence of methane as needed. This evaluenan will has perfumed by testing the sample by FID before and after passing Me sample through an a dvated carbon filler. The difference In cane rtual will be usnorl OF Me strongly of radial which passes Mmugh caucuses carbon, versus the quantity of terminal mated hydroaroOril whist are adsorbed to Me aonvaMa cation. In the soll vapor sample. Up to ex samples win be collected fmwnfimratlon laboratory testing. Samples oral be submided M a qualified ladoatory for analysis, of call organic compqurd6 (VOCs) in air. Chromatograms will be provided with the laboratory resat. If EPA provides an onsite mobile laboratory during the Imesdgation, cortmatia testing may be performed by EPA's mobile Jabal tabomtory ansuris of soil vapor samples to confirm the presence or absence of Jet A fuel may be necessary0 dlenngulwh areas Impacted by Jet A Mel rectus other hlelmkel petroleum or savant impacts. St. Cieemdn& AaesaxS tar. • 846 Mile 9e, 5,1x3 • We¢brmk, Mair, ouan • Tdwp zaS unxo Room I Gvsbr raft Of Nestle AFF at Scow Are" Work PM' UnpNbmatil NrprdAvom Fad Faulty and Pbetre de uPo Syebl9 aYpW.Matre SLGermaln Flk No.: 2620A NmarmberlI'm Pegea Probe Location Survev. - Probe locations will be surveyed using Global PosUaning System (GPS). In general, each - Imestlgatlon eros wlll be, GPS surceyed in a manner lo locate the outer limit probe points of" Invastgatlon areas, relaWs toknown(maloUsly mapped) alta features. manor Probe locations, R necassary, wIU be measured relative to each other and reldire W the outer MnU probe Whims udng a I OD tL We. Dow antiAnd fKaorfin St mmaln wM prepare Phase l -A and Phase l -S Chamderixatlon Rapora Met inclWG,ate minimum, Ula fcllowing: 1. Diswsalon of theinvesdgeUon adWtes undertaken pureued 0 age Work Man; 2. Isdrnncenbation meals) of the sail vapor surrey areas. The maps) art Include to surveyed sell vapor probe locations, isr c robn natbn contours (outer limit contour. as determined he Uefiand) and other ped rare age featuree; 3. Table W Flo, 01, G02, methane (to the extent data emanate), vacuum and flow measurements for each probe location; A. Cnnflrmdlon ading laborabry, results and chromatagnsms;and 5. Concluslore andrewmmendetlore. WELL GAUGING StGermaln will main designated M personnel to record water axrels and Iree product Makness at exlsft monitoring wale and plemmetem at the AFF. Nnnissng wig= or on modhiy (first weak of each month) schedule. at a minimum, until sufficient data exist lo achave the purpose dthe gauging as desombe l above. In addlllm, aty pe sound will atermpt to coped monUaing data before, doing and after significant min evade with coordination by SLGelmeln. For example, It is prepmaC that for any, 0.54nch w answer min events that area minimum of haurs apart, manitetrg be perfamed once per day as follows: • Thedayb NmftmhbegN (snadystaamnoMons); • Each day during the ran event (banslenlwnditims); and • Eedhd"f rihreadaysfolb nglheand0theminevmd,orfmMtmnMea backto steady state conditions, wmchevar occurs first. Predplfaton data will to odalnnd for the nearest recording station n compare groundwater lander free Prot thickness and predpteton as central. A graph will be prepared am updated for Inclusion In MmonNly reports to baric hens and correlations between water level, free product Ibickness end precipitation. SLGermain will woM closely with City personnel and communicate ea them any predicted omin ew is where dek nly monitoringWould be performed. St.GrmeIn will peffonn vertical $v Gumaio&Aarec+u+.7re. • WIJM,S,,S M3 • Wuebwde Malnedaax • 7e1ePI,001=3I-Aro Poww I GwRtletlx.Ycn of FOMd s AFF al sou:P Mam Walk Pan Banger sweetened ALPMAVIeIkn Fuel FeG4b and plPd✓+01euIWLM Swum Bengt, N9M Wpartmin Me No.: RSNA Nmwekall.2004 Pages SCHEWLE On behalf of Me Bangor International Airpo t and the City of Bangor, SLGmmaln Is prepared M Initian geld actvides for Phase l -A WMln two and; W EPA Venom. Reld acllvitles will be undertaken using a phased appreach. new s -A wig be founded on the AFF no along the pipallne distribution synch bahvaen Cenral Pln 1 and 2. Phan to Is ntlmated n take 5 days, depending upon soil and wnmer conditions and tin aodal a nerd and concen0'atbn of wnnmination encountered At Me comps¢tion of Phase I -A, Bra does wit he remand and, deperading upon Me results of Phase 1-A and weather condPoons, Phage 1.8 of the soil vapor investgedon maybe initiated MIs fall Orin Bre spring of M05 -Prior n the initiator of Phase 1- B, this Work Plan shall be evaluated and modified we needed (following mnsultat with Airport Operations personnel), based upon Information obtained in Pines 1A and M wwre coorolnetiortWM any other sin Imreelgetons or connotive motor ahead. Sell vapor sampling Is dependent on dry weal conditions. Ooamwntlon and repoNw (as Maggened above) will he competed wiMin 30 days of Red sampling err each phase. If you have wry questions or comments regaNirig Me. aboveWoett Plan, piesse, feel free n coNamt us. Sincerely, ST.GERMAIN &ASSOCIATES, INC. Patrick J. Coughlin Project Manager John S. Marchewka, C.G. Prejecl Hydmgedaglat MAI Environmental SeMon Aflactnteaft Fgurm 1—Soil Vapor Inveetlgallon Areas Figure 2 -Preliminary AFF Solt Vapor Sampling Locacons Figure 5—Typical Soil Veper Sampling Delail cc: Sood%fa ttier, WEEP Paul Blood; MEDEP Rohan SmIterwskl, MEDEP Change Mitchell, City of Bangor John Hamer, City of Berger Rebecca Hupp, Bangor Innrnatlonal Airport Rodney Madden, Berger Intematlonel Alrporl David Van Slyn. Prell Flehedy $v Gem,dcKAm ora, Cue. • and Mein 6S Suite • Wtttbmek, Melee 0+692 1 Td Ibcwe"491�73 Ran Nme I Elantiora Present Values ns of Pm Operation Dale: 29 -De A)Capnal&OMer OnsTime Casts $0 B Annually Re<uMM9 Costs $19.422 C Initial Project Value (A+B) $19.422 D) Final Prot. Value at Penalty Payment Date: 1 -Mar -07 $217" Not -For -Profit, mfkh paysrm taxes 0.00% Discount Rate 540% Ca hal investment: Cost Eshmats $0 Estimate Date NI Inflation Rate NI One -Time, Nonaepreclaole E enEiWre: Cost Estimate $ Estimate Date NIA Iniiahon Rate N/ Tax DeduMleP NI Annual CosR: Cost Eaamate $19,616 Estimate Date 19-11OVA4 Imafion Rate 270% Numifer of orediteh Years 1 MEMORANDUM TO: Patti Dubois, City Clerk FROM: Terri Corey, Legal Departinent RE: BIB/Public Services/EPA Consent Agreement DATE: December 16, 2004 Enclosed Please find an executed copy of the Consent Agreement and Final Order In the Matter of the City of Bangor, EPA Docket Nos. RCRA-01-2003- 0042/CWA01-20040055/RCRA-01-2004-0098, dated November 19, 2004. The execution of this document was approved by the City Council on November 8, 2004 pursuant to Council Order #05-14. For reference purposes, see also Council Order #004118 adopted by the Council on April 12, 2004 authorizing the Scope of Work for environmental investigation at the Airport as an attachment to the Consent Agreement and Order. If you have any questions, please Call me. tK -Enc PC: Rebecca Hupp, BIA Director Dau Wardwell, Public Services Director James Ring, I&DS Director Run Name •Ban r1 Present Values as of Pio'ed Operni Date: 29-Dti A Ca Bal8Olhef One -Time Costs $ BpAnnuall Rei Caste 85])4 C Inil'al Pitted Value At') 55],14] Panel Prot. Value at Penalty Payment Dare: 19-Dec�OS 880888 Nof-FOFPmOq which moVS no foxes 000% Dismount Rata 5.40% Capital Investment Con Estimate 50 EsBmale Data NI Inflatl0n Rate NI One -Time. NormentenclableE stromni Cost Estimate $ Estimate Dale NIA Inflation Rete NIA Tax Dedudii NIH Annual Goals' Cost Estimate. $58,331 Emmale Date ' 19 -Nov -Da InflationRde 2]0% Number of Combat Years i Run Ram ,Ban or es as of Pro ect Operation Data.29-0e 04Baar On Tlme Costs $0ecuts Rilaun Costs $96,996act Value A+B .$9$996. Value a Penalty Payment 19-1)ec06 $109,976 Not-For-Pmfit vnmh no faxes 000% Discount Rate 540% Ga iml lrrvestment Cost EaGmate $U Estimate Dale NI Intlenon Rate NI One-Time, NOndepreaabk Expenditure: Coal Estimate E56mala Date IiMaticn RateTax DeduUible4 MNIA Annual Gosts "'I'monRare 2,70% Numberof Cmdiled Years 1 i � Y sqlql \ %is\O�' ;°°°' u oM TANK1 � I 3RS � \\; ,w Attachment C Scope of Work Supplemental Environmental Project City of Bangor Biodiesel Fuel Conversion (`Biodiesel SEP"). A. Supplemental Environmental Project Description 1. The City ofBangor("City) uses approximately 250,000 gallons of petroleum diesel per year to fuel its city -owned public works heavy aluipment vehicles and passenger buses (collectively, "City Vehicles'). - _ 2. By April 29, 2005, the City shell switch 6om petroleum direct fuel to a biodiesel fuel (B-20) for all City diesel fuel-powerd vehicles and shall use B-20 for an estimated twenty-two month period. At any time during the course of the SEP, the City may also provide biodiesel act to convscmnowned and operated diesel vehicles, and provided that such fuel is used solely in correction with services provided to the City by such contractors, such fuel use shall be rvadewil apart of this SEP. Collectively, the City -owned and operated diesel vehicles and any participating contractor -owned and opmeted diesel vehicles shell be called "City Vehicles" for purposes of put SEP. B-20 biudiesel(a 20 percent biodiesel and 80 percent petroleum diesel hired) is expected to reduce emissions from City Vehicles by up to the following percentages as compared to using 100% petroleum diesel: - Ems Pacermose Reduetlon Total hydrocarbon emissions 21% Particulate emissions 5-10il, Carbon monoxide missions 11% 3. This Biodiesel SEP involves paying for the difference in cost between the petroleum diesel fuel and would have been purchased by the City and the Biodiesel fuel to be purchased by the City. 4. The City shall pay stipulated presides in accordance with paragraph 38.b ofthe Consent Agreement and Fired Order C`CAFO")' if it fails to stmt the SEP by April 29, 2005, unless cimureames outlined in Paragraph 8, below, apply. In the Manff the ClryofBangar. Mavis, OackaNa. BCRA-01-1003-00421CWA-0I-20bi- 0055 RM 01-2004-0098 5. The City shall spend the present value of $165,4322 (hereinafter the 'SEP Amount), over the estimated twenty-two month period that the SEP will be conducted. This amount is based on the following assumptions: a The fuel switch world start no labor than April 29, 2005 and end no later than April 29,2009; - b. Yearly fact use for City Vehicles is approximately 250,000 gallons; c. Biodieselfuel wade approximately $0.40 per gallon more then the diesel fuel currently in use'; d. On a monthly basis, based on current pricing, the cosY'difference between petroleum diesel and biodiesel fuel used for City Vehicles is approximately $8,333; and e. Based on the assumptions above, the SEP Period will be twenty-two(22)months. 6. The SEP Amount and SEP Period shall be recalculated using the EPA's PROJECT Model if the fuel price differential or Respondent's diesel consumption rate changes more then 25% ova a period of twelve months, prior to the fall SEP expenditure being completed. ]. This SEP shall not require the City m spend more than the SEP Amount for biodiesel fuel. The City may revert to the use ofpetmleum diesel fuel for City Vehicles once all SEP 'expenditures have b«v made. 8. Is the event that the City, in its reasonable discretion, determines that either: (i) B-20 biodiesel fuel causes City Vehicles to malfunction dm W cold weather or other condition beyond the City's control, or (E) any of the fuel consumption or price differential assumptions listed in Paragraph A(5) change sufficiently so Nat the SEP cannot be completed within forty-eight months (April 29, 2009), the City may, noun five (5) days written entice to EPA, chose one of the following options: a. Cash Phymew Option: Pay the unexpended amount' to the U.S. Treasury, plus interest which shall bat assessed for the Clean Water Act portion of the unexpended amount a5 specified m Paragraph 41 of the CAPO, following the paymem directions in Pea®aph I1 of the CAFO; or - Buel on Ne Mown ho omadon pravidol by RapaMvn and uaiog EPAY PROJECT Model am /lrv,w.e a. v/ els'-o roulwlate no devalue of money. Rapondmt is required la rpa1g0,092 NrcugM1lM1eeN oftbe SEP pubtl inoNvmpey Ne prowl value ofNe9@'. Su Amtlment C, Ekbibit 1. Prcsvnvalue is cetasoffMdap utivroe siSninBOFW<PNal Ordv wiNin NeCMO. sim The one deatiel estimative price ofbiediesd and paroleum diesel will lilielybereduced andvtheAmvican Jobs Creation Art, P.L. IM356 Ant. 21,2004), which rWuces Rdwal news on biWiael. The now become eBecfive oa Deomnber 31, 20(14. 4 IM unexpended mmart And be calculated by reeving the EPA PROJECT Model on the amount of SEP pa ands made by the City( PROJECT Value of A), subkacMg PROJECT value of no Chy'a Paymmb .firm now present SEP value ofS165,432 (($165,432-PR(sJECT Value of A) - B), and running the PROJECT Model on the remaining unpaid balmce to determwe how much of cash payment is owed(PROMCT Value of B). b. Alternative SEP Option: Spend the unespend(d amohrd by paying for the cost differeuoe associated with using biodiesel fuel to beat any of the City's buildings, which are currently being heated with No. 2 heating oil. - B. Repotting 1. On November 29' and May 20 of every year during the implementation of the SEP and until completion of the SEP, the City shall submit a progress report describing: - a. 110 actions that the City has taken Or comply with ibis SEP Scope of Work; b. Ifthe City has not complied with my obligation or deadline in this. SEP Scope of Work, the reason therefor and the stage Chet have been and will be taken m minimize the violation; C. The expected course of work veded to comply with theme SEP Scope of Work obligations and deadlines during the subsequent progress reporting period; d Alist of itemized costs, documented by copies of invoices and receipts or canceled cheeks, with regard to expenditures inwards the SEP Amomd; and t. A recalculation of the SEP ezpeadimre using EPA's PROJECT Model if the fuel price differemial or Respondent's diesel consumption rate, as listed in PmagaPh _ A(5), above, changes more than 25% over the previous twelve months, as discussed in Paragraph A(6), above. 2. By aaty(60) days after SEP completion, the City sball submit a SEP Completion Report containing the following im'bruation: a. A detailed description of the SEP as implemented; b. Adeseription of any Problems encountered and the solutions hereto; c A Jig of itemized costs, documenld by copies of imOkss and receipts or canceled checks, with regard to expenditures towards the SEP Amount; d. Certification that the SEP has beenfully implemented pursuant to the Provisions of this Scope of Work; and e. A description of the environmental and public health benefits resulting from the implementation of the SEP (with quantification of the benefits and pollutant reductions, if feasible). F"e no, a gaenod from 1130 IvM40 Ocmba 29. For Me upmdng Puan nom WOW 301Fmush A s2% ExhibG 1 PROJECT Calculation of Present Value of SEP The information and assumptions used by EPA in calculating the value Presem value Of the SEP. is as follows: Project Operation Date (the dale the settlement payment would be due if the settlement is signed on Nov. 19, 2004)- December 29, 2004 Inflation Rate: 2.7 Estimate Date (the Project Operation Date): December 29, 2004 Start ofthe l ibdiew1 purchases: Apri129, 2005 Average monthly expenditure by the City: $8,333%month th Yeas I of the SEP (see mteched'Bangor P shut) there are only seven months of fuel purchases between April 29 2005 and December 29, 2005. Therefore, based on the Citys estimate of$8,333/month, the City will spwad$58,331. The PROTECT model calculated thatthe City would have to have spent $60,866 m equal a present value of$58,331. Therefore, for the Year 1 period the City would need to spend an extra $2,535 (at the end of the Project). In Year 2 of the SEP (see atlacheri Bangor 2" sheet) the City will have twelve months of fuel purchases (between Deenumber 30, 2005 and Decer flar 29, 2006), resulting in the City spending $99,996 for the year. The PROJECT model calculated that the City would have to have spent $109,976 to equal a present value of $99,996. Therefore, for the Year 2 period, the City would need to spend an extra $9,980 (at the end of the project). Year 3 is the final year of the SEP (see lexached "Bangor 3" sheet). In the first two years the City wi8 nave spent $158,329. Therefore to Yew 3 the City will have to spend $7,103 ($165,432 - $I58,329)+$2,535 flwmowed from Year 1)+$9,980(exna owed from Year 2)=$19,618 The PROJECT Model calculated that the City wouldhave to spend $21,770 to equal the $19,618. The total City expenditure would be $58,331 (Year 1)+$99,996 (Year2) + $21,770 (Yew 3)= $180,090 Based on the Citys expenditure We of $8,333/month the City will need to buy biodiesel for 21.6 months or =61 February 2007.