CERCLA 120(h) Notice Covenant, Access Provisions …...THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 (42 U.S.C. § 9620(h)(3)): For the property,

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CERCLA 120(h) Notice Covenant, Access Provisions and Deed Restrictions

For the

Bannister Transformation & Development LLC Deed

The following CERCLA Covenant and Access Provisions along with the Other Deed Provisions will be

placed in the Bannister Transformation & Development LLC Deed for the property referenced in this

FOSET to ensure protection of human health and the environment and to preclude any interference

with ongoing or completed remediation activities.

I. CERCLA NOTICE, COVENANTS AND ACCESS PROVISIONS: In accordance with Section 120(h)(3) OF

THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF

1980 (42 U.S.C. § 9620(h)(3)): For the property, the Grantor provides the following notice,

description, and covenants and retains the following access rights:

A. Notices Pursuant to Section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(I) and (II)):

Pursuant to section 120(h)(3)(A)(i)(I) and (II) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(i)(I) and (II)), available

information regarding the type, quantity, and location of hazardous substances and the time at

which such substances were stored, released, or disposed of, as defined in section 120(h), is

provided in Exhibit 1, attached hereto and made a part hereof.

B. Description of Remedial Action Taken, if Any, Pursuant to Section 120(h)(3)(A)(i)(III) of the

Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. §

9620(h)(3)(A)(i)(III)): Pursuant to section 120(h)(3)(A)(i)(III) of the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. §

9620(h)(3)(A)(i)(III)), a description of the remedial action taken, if any, on the property is

provided in Exhibit 2, attached hereto and made a part hereof.

C. Covenant Pursuant to Section 120(h)(3)(A)(ii) and (B) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(ii) and (B)):

Pursuant to section 120(h)(3)(A)(ii) and (B) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(ii) and (B)), the United States

warrants that any additional remedial action found to be necessary after the date of this deed

shall be conducted by the United States.

D. Access Rights Pursuant to Section 120(h)(3)(A)(iii) of the Comprehensive Environmental

Response, Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(A)(iii)) and the

Missouri Hazardous Waste Management Facility Part I Permit:

1. Subject to the MHWMFP, This deed (lease) (mortgage) is subject to the restrictions

contained in the following documents:

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a. Access easement dated XXXXXX and recorded XXXXXX, Recorder’s Office of Jackson

County, State of Missouri1; and

b. Missouri Hazardous Waste Management Permit No. MO 9890010524, dated October

6, 1999, as the same may have been modified.

2. Subject to CERCLA Section 120(h)(3)(A)(iii), The United States retains and reserves a

perpetual and assignable easement and right of access on, over, and through the property, to enter

upon the property in any case in which a remedial action or corrective action is found to be necessary

on the part of the United States, without regard to whether such remedial action or corrective action is

on the property or on adjoining or nearby lands. Such easement and right of access includes, without

limitation, the right to perform any environmental investigation, survey, monitoring, sampling, testing,

drilling, boring, coring, test pitting, installing monitoring or pumping wells or other treatment facilities,

response action, corrective action, or any other action necessary for the United States to meet its

responsibilities under applicable laws and as provided for in this instrument. Such easement and right of

access shall be binding on the grantee and its successors and assigns and shall run with the land.

In exercising such easement and right of access, the United States shall provide the grantee or

its successors or assigns, as the case may be, with reasonable notice of its intent to enter upon the

property and exercise its rights under this clause, which notice may be severely curtailed or even

eliminated in emergency situations. The United States shall use reasonable means to avoid and to

minimize interference with the grantee’s and the grantee’s successors’ and assigns’ quiet enjoyment of

the property. At the completion of work, the work site shall be reasonably restored. Such easement and

right of access includes the right to obtain and use utility services, including water, gas, electricity,

sewer, and communications services available on the property at a reasonable charge to the United

States. Excluding the reasonable charges for such utility services, no fee, charge, or compensation will be

due the grantee, nor its successors and assigns, for the exercise of the easement and right of access

hereby retained and reserved by the United States.

In exercising such easement and right of access, neither the grantee nor its successors and

assigns, as the case may be, shall have any claim at law or equity against the United States or any officer

or employee of the United States based on actions taken by the United States or its officers, employees,

agents, contractors of any tier, or servants pursuant to and in accordance with this clause: Provided,

however, that nothing in this paragraph shall be considered as a waiver by the grantee and its

successors and assigns of any remedy available to them under the Federal Tort Claims Act.

II. Assurances Pursuant to Section 120(h)(3)(C)(ii) of the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. § 9620(h)(3)(C)(ii)): Pursuant to section

120(h)(3)(C)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of

1980 (42 U.S.C. § 9620(h)(3)(C)(ii)), the United States provides the following response action

assurances:

A. Description and Assurance of Necessary Restrictions on the Use of the Property to Ensure the

Protection of Human Health and the Environment. The following restrictions and covenants,

1 Note: These dates will be inserted at time of transfer of the property.

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including those required by the Missouri Hazardous Waste Management Facility Part I

Permit, shall be placed into the deed:

1. Non-residential Use Restrictions: Grantee and its successors and assigns covenant and

agree that, unless previously approved by the Department of Natural Resources (DNR), the

areas with institutional controls may not be used for any purpose other than industrial use.

Industrial uses are those that result only in exposure of adult workers in industrial,

construction, and maintenance activities consistent with the exposure assumptions in

DOE’s approved Multiple Sites CMS (Administrative Record No. 93) and the exposure

assumptions in the 95th Terrace Site CMS. Further, the use of the Property shall be limited

to non-residential use only. Prohibited residential uses include, but are not limited to, any

form of housing and child care, pre-schools, educational institutions attended on a regular

basis by students younger than 18-years old, and playgrounds, whether or not ancillary to a

commercial facility or endeavor.

2. Public Access/Use Restriction: Grantee and its successors and assigns covenant and agree

that there will be no unauthorized public access or use of Solid Waste Management Unit as

defined by the Missouri Hazardous Waste Facility Management Part I Permit, unless

authorized by the applicable permit and the Grantor. Public access to all contaminated soil

shall be prevented by appropriate means such as fences and other security measures.

3. Ground Disturbance Restrictions:

a. Grantee and its successors and assigns covenant and agree that no physical or

structural changes or disturbances of ground surface shall be permitted in, on, or

immediately adjacent to any Solid Waste Management Unit or Area of Concern as

defined by the Missouri Hazardous Waste Facility Management Pert I Permit, unless

and until authorized by the applicable permit and the Grantor.

b. Any future construction or maintenance activities involving excavation of contaminated

soil shall include internal Permittee controls consistent with Occupational Safety and

Health Administration (OSHA) requirements regarding appropriate worker exposure

protection and shall provide for the management of the soil according to federal, state,

and local regulations.

c. Buildings, structures, and pavement that currently cover contaminated soil shall not be

removed or altered unless the Permittee has provided for alternative corrective

measures to protect human health and the environment, and has the prior approval of

the Department. An exception to this is repair and maintenance of utilities provided

for by the Excavated Soil Management procedures found in Special Permit Condition

XXI.B. Alterations that are subject to this provision are limited to those that result in

exposing presently covered contaminated soils.

4. Notice of the Potential Presence of Radiological Material and Covenants

a. The Grantee is hereby notified that due to the former use of the Property for

Department of Energy operations, the Property may contain Radiological Material

related to DOE Operations. The term Radiological Material means solid, liquid, or

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gaseous material, derived from U.S. Government activities, that contains radio nuclides

regulated under the Atomic Energy Act of 1954, as amended, and licensed by the

Nuclear Regulatory Commission. It includes radioactive material, nuclear devices and

nuclear components thereof, and radiographic and instrument calibration sources and

various instrumentation and radio luminescent products manufactured for military

applications. The term ''Radiological Materials" does not include naturally occurring

background radiation, radio luminescent dials, or products manufactured for non-

military applications, such as radio luminescent signs, tungsten welding electrodes and

household smoke detector components.

b. Based on a review of existing records and a thorough site study, it is considered highly

unlikely that Radiological Material exists on the Property. However, the possibility of

such material being discovered on the property is acknowledged to be possible.

c. Grantee and its successors and assigns agree and covenant that all necessary and

appropriate responses shall be completed per applicable regulations, instructions,

policy and guidance prior to sale, lease, license, or other transfer of possession or

control of the Property or any portion thereof.

d. In the event the Grantee, its successors, and assigns, should discover any Radiological

Material on the Property, Grantee and its successors and assigns covenant and agree

that it shall not attempt to remove or destroy it, but shall immediately contact the DOE

representative who will, as needed, promptly respond, assess and dispose of such

Radiological Material at no expense to the Grantee. The Grantee, or its successors or

assigns, shall: (a) cooperate with the Grantor with regard to the location of and

removal of Radiological Material from the Property, provided such cooperation does

not require the Grantee, or its successors or assigns, to incur any non-reimbursed

direct costs, (b) notify the Grantor as soon as reasonably possible after the discovery of

any Radiological Material by the Grantee, or its successors or assigns, and (c) take no

actions regarding Radiological Material discovered on the Property, except as may be

specifically directed by the Grantor.

5. Groundwater Use Restrictions: Groundwater on the KCP portion of the BFC shall not be

used as a water supply for any purpose.

6. Previously filed Land Use Restrictions are on file with the Jackson County Recorder’s

Office and are included herein at Exhibit 3.

7. Removal or Modification of Use Restrictions: Grantee and its successors and assigns may

petition Grantor for removal or modification of the above Restrictions on the Use of the

Property based upon a showing that the property is suitable for one or more of the above

prohibited uses or a modification of such restrictions. Any such petition must be submitted

to the Grantor in a writing clearly describing the removal or modifications of the

restrictions being requested and the basis for such removal, signed by the property owner

or authorized agent. The request must include the following information:

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a. A legal description of the meets and bounds of the property prepared by a licensed

surveyor and a map showing the property’s location in relation to recognizable

property features, including any areas of contamination.

b. Evidence satisfactory to Grantor that:

i. property is no longer subject regulation by the Hazardous Waste Facility Permit,

and

ii. All land use controls established pursuant to the Missouri Environmental Use

Controls Program have been removed or have been modified consistent with the

requested modifications to these restrictions.

c. Information supporting the requested modifications, including but not limited to

reports, photographs, maps, drawings, and data documenting any sampling an analysis,

testing, survey, remedial action, or data evaluation performed by the Grantee and its

successors and assigns in support of its request.

d. The proposed revised zoning of the property, if applicable.

e. Other information as reasonably requested by the Grantor.

The Grantor may approve, deny, or offer a modification to Grantee’s request. Upon

approval of the request, Grantor shall issue a “Deed of Release” or other appropriate

instrument effecting the removal or modification of the restrictions on the applicable

property. The Property owner shall be responsible for filing of the instrument in the county

land records.

B. Description and assurance of restrictions on use necessary to ensure that required remedial

investigations, response action, and oversight activities will not be disrupted.

1. Non-Disturbance Clause: Grantee and its successors and assigns covenant and agree not

to disrupt and/or prevent the United States of America, its officers, employees, agents,

contractors and subcontractors, and any other authorized party or entity from conducting

any required environmental response, including, but not limited to, investigation, survey,

treatment, remedy, oversight, construction, demolition, decontamination, upgrading,

operating, maintaining, and monitoring.

2. Indemnification: Grantee and its successors and assigns recognize that the conduct of

environmental remediation may result in the removal or destruction of above and below

ground utilities, the interruption of rail traffic, road traffic, and other site activities, and/or

the temporary evacuation of areas in and around these activities. This requirement may

include the removal of or a disruption in the movement of rail cars, trucks, and other

equipment. The United States shall make no payments to Grantee, its successors and

assigns, or their leases, licensees, agents, contractors or subcontractors, guests, or

trespassers as a result of the above, but will use reasonable means to avoid or minimize

interference with Grantee’s and Grantee’s successors’ and assigns’ quiet enjoyment of the

Property, and Grantee and its successors and assigns agree to indemnify the United States

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against all such resulting claims, including but not limited to claims for loss of use,

commercial interruption, destruction of property, and personal injury.

3. Assurance that all necessary response action will be taken and schedule for completion

of all necessary response action:

Environmental contamination on the Property is being addressed under the Missouri

Hazardous Waste Management Facility Part I Permit (MHWMFP) and Administrative Order on Consent

(AOC) currently being negotiated between the State of Missouri and the Grantee. Under the terms of

the MHWMFP and AOC, The Grantee shall be responsible for hazardous waste facility closures and

corrective measures required under the Hazardous Waste Facility Permit with funding provided by

Grantor. Grantor’s obligations to fund closure and corrective measures contained in the MHWMFP are

limited to all releases of hazardous wastes, hazardous substances and pollutants that occurred prior to

the date of the transfer of the Property to the Grantee, or that occur after the date of transfer if caused

by the Grantor or its contractors (“Existing Contamination”). After the date of transfer, the Grantor shall

not be obligated for corrective measures for new releases of hazardous wastes, hazardous substances,

and pollutants unless caused by the Grantor or its contractors (“New Contamination”). The Grantee shall

be responsible for all work required under the Modified MHWMFP and AOC, and all work required to

address New Contamination. Grantee shall perform required work in accordance with the conditions

and schedules set forth in the MHWMFP and AOC as these may be modified from time to time, or as

determined by any agreement between Grantor and Grantee not inconsistent with the MHWMFP and

AOC.

When all response action necessary to protect human health and the environment with

respect to any substance remaining on the property on the date of transfer has been taken, the United

States shall execute and deliver to the transferee an appropriate document containing a warranty that

all such response action has been taken, and the making of the warranty shall be considered to satisfy

the requirement of CERCLA 120(h)(A)(ii)(I).

4. Assurance that the Department of Energy Will Submit a Budget Request to the Director

of the Office of Management and Budget that Adequately Addresses Schedules for

Completion of All Necessary Response Actions and Required Long-Term Operation,

Maintenance, and Monitoring (LTOM&M)

Beginning with the Fiscal Year 2016 appropriation request, the Grantor, through the

Department of Energy, shall annually submit budget requests to the Director of the Office of

Management and Budget that, if appropriated, adequately fund the agreed upon schedule for

investigation and completion of all necessary closure and corrective measures required under the

Missouri Hazardous Waste Management Facility Part I Permit, including LTOM&M, until such time as

that all necessary corrective measures have been completed. The actual amount available for such

activities is subject to congressional authorizations and appropriations.

III. OTHER DEED PROVISIONS:

A. “As Is”

1. The Grantee acknowledges that it has inspected or has had the opportunity to inspect the

Property and accepts the condition and state of repair of the subject Property. The

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Grantee understands and agrees that the Property and any part thereof is offered “AS IS”

without any representation, warranty, or guaranty by the Grantor as to quantity, quality,

title, character, condition, size, or kind, or that the same is in condition or fit to be used

for the purpose(s) intended by the Grantee, and no claim for allowance or deduction upon

such grounds will be considered.

2. No warranties, either express or implied, are given with regard to the condition of the

Property, including, without limitation, whether buildings on the Property do or do not

contain hazardous material such as, but not limited to, asbestos or lead-based paint. The

Grantee shall be deemed to have relied solely on its own judgment in assessing the overall

condition of all or any portion of the Property, including, without limitation, any asbestos,

lead-based paint, or other conditions on the Property. The failure of the Grantee to

inspect or to exercise due diligence to be fully informed as to the condition of all or any

portion of the Property offered, will not constitute grounds for any claim or demand

against the United States.

3. Nothing in the “As Is” provision will be construed to modify or negate the Grantor’s

obligation under the CERCLA Covenant or any other statutory obligations.

B. POST-TRANSFER DISCOVERY OF CONTAMINATION

1. If an actual or threatened release of a hazardous substance or petroleum product is

discovered on the Property after the date of conveyance, Grantee, its successors or

assigns, shall be responsible for such release or newly discovered substance unless

Grantee is able to demonstrate that such release or such newly discovered substance was

due to Grantor’s activities, use, or ownership of the Property. If the Grantee, it successors

or assigns believe the discovered hazardous substance is due to Grantor’s activities, use or

ownership of the Property, Grantee will promptly secure the site and notify the Grantor of

the existence of the hazardous substances, and Grantee will not further disturb such

hazardous substances without the written permission of the Grantor.

2. Grantee, its successors and assigns, as consideration for the conveyance of the Property,

agree to release Grantor from any liability or responsibility for any claims arising solely out

of the release of any hazardous substance or petroleum product on the Property occurring

after the date of the delivery and acceptance of this Deed, where such substance or

product was placed on the Property by the Grantee, or its successors, assigns, employees,

invitees, agents or contractors, after the conveyance. This paragraph shall not affect the

Grantor’s responsibilities to conduct response actions or corrective actions that are

required under the CERCLA Covenant and by applicable laws, rules, permits and

regulations.

C. ENVIRONMENTAL PROTECTION PROVISIONS

The Modified Missouri Hazardous Waste Management Facility Part I Permit contains a

requirement that Grantee must complete an Environmental Land Use Covenant within 60 days of

transfer. The Grantee shall neither transfer the property, lease the property, nor grant any interest,

privilege, or license whatsoever in connection with the property without the inclusion of the

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Environmental Protection Provisions contained herein or in the Environmental Land Use Covenant, and

shall require the inclusion of these Environmental Protection Provisions in all further deeds, easements,

transfers, leases, or grant of any interest, privilege, or license.

Exhibit 1, Page 1 of 7

Exhibit 1

Hazardous Substances Stored and/or Released at the Bannister Federal Complex

The list of hazardous substances stored and released on a property is typically provided to the new

owner of a property being transferred out of the Federal inventory to aid in understanding the types of

hazardous constituents that may be found in the soil and/or groundwater at the site. This information is

most helpful when dealing with a site where little investigation has been conducted and little is known

about the environmental condition of the property. The Bannister Federal Complex has been used as an

industrial facility since 1943. As a result, a wide variety of chemicals and hazardous substances have

been stored and used as the site. Unfortunately, records regarding chemical storage at the site are not

available for the first 40-plus years of operation prior to the Superfund Amendments and

Reauthorization Act of 1986, when annual reporting of chemical storage in excess of established

threshold planning quantities became a requirement. For those early years of manufacturing operations

at the site, much of the information on chemical usage is only available through anecdotal evidence,

findings of investigations of environmental releases, known above ground and below ground tank

storage of chemicals and tank capacities, and process knowledge. Table 1 presents the consolidated list

of hazardous substances stored at the BFC in excess of modern threshold planning quantities. The last

two columns of the table indicate whether the source of the data is from SARA reports or from

anecdotal evidence, storage capacities, or results of site investigations.

With regard to the release of hazardous substances, the Bannister Federal Complex has been extensively

characterized through investigations conducted by both the current owner as part of the NNSA’s

ongoing environmental remediation program, and by the new owner of the property to be transferred

as part of their pre-transfer due diligence efforts. As a result, a great deal is known about the hazardous

constituents that have impacted the environment over the past 70+ years of manufacturing operations

conducted at the BFC. Table 2 provides a summary of the information on hazardous constituents found

at the site through these past characterization activities, as well as information on documented historic

releases of hazardous substances at the Bannister Federal Complex.

Table 1. Consolidated List of Hazardous Substances Stored at the BFC

Chemical Name CAS # Storage Quantity

Range (lbs.)

(Note: SARA reporting

ranges used. Highest

reported value since

1986 is listed.)

SARA

Report

Anecdotal,

Storage

Capacity, or

Investigation

Findings

Acetic Acid 64-19-7 10,000 – 24,999 X

Acetone 67-64-1 10,000 – 24,999 X

Ammonia 7664-41-1 1,000 – 4,999 X

Argon (liquefied) 7440-37-1 100,000 – 499,999 X



Range (lbs.)




1986 is listed.)

SARA

Report

Anecdotal,

Storage

Capacity, or

Investigation

Findings

Boron 10 14798-12-0 1,000 – 4,999 X

Cadmium Oxide 1306-19-0 100 – 499 X

Calcium Hydroxide 1305-62-0 25,000 – 49,999 X

Carbon & Carbon Dust 7440-44-0 1,000 – 4,999 X

Carbon Dioxide 124-38-9 50,000 - 74,999 X

Chlorine (gas) 7782-50-5 500 – 999 X

Chlorodifluoromethane 75-45-6 10,000 – 24,999 X

Chloroform 67-66-3 500 – 999 X

Cyclohexylamine 108-91-8 5,000 – 9,999 X

Dichlorodifluoromethane 75-71-8 10,000 – 24,999 X

Diesel Fuel, #2 68476-34-6 1,000,000 – 9,999,999 X

Dimethylformamide 68-12-2 10,000 – 24,999 X

Diphenylmethane Diisocyanate 26447-40-5 10,000 – 24,999 X

Ethylene Diamine 107-15-3 500 – 999 X

Ferrous Sulfate 7720-78-7 10,000 – 24,999 X

Fluoboric Acid 14874-70-5 10,000 – 24,999 X

Formaldehyde 50-00-0 1,000 – 4,999 X

Fuel Oil, #6 68476-33-5 >10,000,000 X

Graphite 7782-42-5 10,000 – 24,999 X

Highly Refined Petroleum Oils 64742-54-7 10,000 – 24,999 X

Hydrochloric Acid 7647-01-0 50,000 - 74,999 X

Hydrofluoric Acid 7664-39-3 1,000 – 4,999 X

Hydrogen Peroxide 7722-84-1 10,000 – 24,999 X



Range (lbs.)




1986 is listed.)

SARA

Report

Anecdotal,

Storage

Capacity, or

Investigation

Findings

Isocyanic Acid,

polymethylenepolyphenylene ester

9016-87-9 1,000 – 4,999 X

Lead 7439-92-1 25,000 – 49,999 X

Methylene Chloride 75-09-2 50,000 - 74,999 X

4,4’-Methlenediphenyl

Di-isocyanate

101-68-8 1,000 – 4,999 X

Mineral Oil 8012-95-1 10,000 – 24,999 X

Nitric Acid 7697-37-2 10,000 – 24,999 X

Nitrobenzene 98-95-3 500 – 999 X

Nitrogen (liquid & gas) 7727-37-9 100,000 – 499,999 X

Phenol 108-95-2 0 – 99 X

Phenol, polymer with formaldehyde 9003-35-4 25,000 – 49,999 X

Phosphoric Acid 7664-38-2 10,000 – 24,999 X

Potassium Cyanide 151-50-8 1,000 – 4,999 X

2-Propanol 67-63-0 50,000 - 74,999 X

Rock Salt 7647-14-5 1,000,000 – 9,999,999 X

Sand 14808-60-7 500,000 – 999,999 X

Sodium Cyanide 143-33-9 1,000 – 4,999 X

Sodium Hydroxide 1310-73-2 50,000 - 74,999 X

Sulfur Dioxide 7446-09-5 1,000 – 4,999 X

Sulfuric Acid 7664-93-9 100,000 – 499,999 X

Tetrafluoroethane (HFC-134a) 811-97-2 25,000 – 49,999 X

Toluene 108-88-3 10,000 – 24,999 X

Toluene 2,4-diisocyanate 584-84-0 10,000 – 24,999 X



Range (lbs.)




1986 is listed.)

SARA

Report

Anecdotal,

Storage

Capacity, or

Investigation

Findings

Toluene 2,6-diisocyanate 91-08-7 100 – 499 X

1,1,1-Trichloroethane 71-55-6 100,000 – 499,999 X

Trichloroethylene 79-01-6 100,000 – 499,999 X

1,1,2-Trichlorotrifluoroethane 76-13-1 100,000 – 499,999 X

1,1,1-Trichlorotrifluoroethane 354-58-5 1,000 – 4,999 X

Urea 57-13-6 10,000 – 24,999 X

Xylene 1330-20-7 10,000 – 24,999 X

Coolants, machining -- 100,000 – 499,999 X

Fuel Grade JP-4 Jet Fuel -- 1,000,000 – 9,999,999 X

Gasoline 86290-81-5 1,000,000 – 9,999,999 X

Hydraulic Oil -- 50,000 – 99,999 X

Kerosene 8008-20-6 100,000 – 499,999 X

Paraffin 8002-74-2 X

Polychlorinated Biphenyl (Aroclor 1242)

53469-21-9 25,000 – 49,999 X

Polychlorinated Biphenyl (Aroclor 1260)

11096-82-5 10,000 – 24,999 X

Uranium, Natural and Depleted 7440-61-1 10,000 – 24,999 X

Uranium Oxide 1344-58-7 10,000 – 24,999 X

Waste, Acid -- 50,000 - 74,999 X

Waste, Alkaline -- 50,000 - 74,999 X

Waste, Oil -- 100,000 – 499,999 X

Waste, PCB -- 10,000 – 24,999 X

Waste, Solvent -- 100,000 – 499,999 X


Table 2. Hazardous Substance Releases and Hazardous Constituents Found at the BFC.

Contaminant CAS No. Site

Investigation

Finding

Documented

Spill*

Comments

Acetone 67-64-1 X

Aroclor 1242 (PCB) 53469-21-9 X X 900 gallon spill to

stormwater outfall 002 on

11/10/69.

1114 gallon spill to

stormwater outfall 002 on

10/27/72.

Aroclor 1254 (PCB) 11097-69-1 X Degradation product of

Aroclor 1260. Arolclor 1254

not used/stored on site.

Aroclor 1260 (PCB) 11096-82-5 X X Transformer spill on roof.

Quantity and date unknown.

Benzene 71-43-2 X Constituent of other

compounds released onsite.

2-Butanone 78-93-3 X Constituent of other


Carbon Disulfide 75-15-0 X

Chlorobenzene 108-90-7 X Constituent of other


Chloroethene (Vinyl

Chloride)

75-01-4 X Degradation product of

other compounds released

onsite.

Chloroform 67-66-3 X

1,2-Dichlorobenzene 95-50-1 X Constituent of other








Investigation

Finding

Documented

Spill*

Comments

1,1-Dichloroethane 75-34-3 X Degradation product of


onsite.

1,2-Dichloroethane 107-06-2 X Degradation product of


onsite.

1,1-Dichloroethene 75-35-4 X Degradation product of


onsite.

1,2-Dichloroethene

(total)

156-59-2

156-60-5

X Degradation product of


onsite.

Ethylbenzene 100-41-4 X Constituent of other


4-Methyl-2-Pentanone 108-10-1 X

Tetrachloroethene 127-18-4 X

Toluene 108-88-2 X

1,1,1-Trichloroethane 71-55-6 X

1,1,2-Trichloroethane 79-00-5 X

Trichloroethene 79-01-6 X

Trichlorofluoromethane 75-69-4 X

1,1,2-Trichloro-1,2,2-

trifluoroethane

76-13-1 X

Xylenes (total) 95-47-6

108-38-3

106-42-3

X

Chemically treated

cooling tower water

-- X 2,000 gallons of cooling

tower water containing

corrosion inhibitors and



Investigation

Finding

Documented

Spill*

Comments

algicide spilled to storm

sewer on 5/3/1986.

Chromic Acid 7738-94-5 X 10 gallons spilled to ground

12/11/97. An unknown

amount spilled to 002 on

4/25/63.

Cyanide Rinsewater,

Dilute

-- X 100 gallons spilled to ground

on 12/21/1996.

Fuel Oil, #6 68476-33-5 X 200 gallons spilled to ground

on 1/4/74 and 1/12/90.

Unknown quantities spilled

to ground on 8/19/64 and

12/11/66.

Groundwater -- X 50-300 gallons spilled to

ground on 5/1/97, 7/1/98,

and 8/18/98.

Hydraulic Oil -- X 40 gallons spilled to ground

on 4/24/96.

Industrial Wastewater -- X Spills of unknown quantities

to ground or stormwater

collection system on 2/8/63,

1/20/76, 8/4/83, 9/19/83,

10/8/83, 2/21/85, and

3/9/86.

Nitric Acid 7697-37-2 X 100 gallon spill to ground on

12/21/77.

Oil/coolant mixture -- X 3,248 gallons spilled to

ground 0n 5/19/81.

Sodium Hypochlorite 7681-52-9 X 150 gallons spilled to storm

sewer 12/12/84.

Sulfuric Acid 7664-93-9 X 1,650 gallons spilled to the

storm sewer 1/29/63.

*Additional information regarding the documented releases on the site can be found in Section 4, Table

4.1 of the Bannister Federal Complex Description of Current Conditions Report.


Exhibit 2.

Bannister Federal Complex Corrective Action List and Status

Following is the list of corrective actions performed at the Bannister Federal Complex in addressing the 44 solid waste management units (SWMU) that have been identified as tied to the property to be transferred from the NNSA to Bannister Transformation & Development, LLC. A brief description of the actions taken and the regulatory status of each SWMU is provided. More detailed information regarding the investigations conducted, the results of those investigations, and the corrective actions executed can be found in Sections 4 and 5 of the Bannister Federal Complex Description of Current Conditions Report.

Solid Waste Management

Unit (SWMU) # REMEDIAL ACTIONS COMPLETED CURRENT STATUS STATUS ONGOING

SWMU 1

Underground Tank Farm

The Underground Tank Farm was closed under RCRA in 1987. Closure was completed in 1988 by removing soil to a depth of approximately fifteen feet (roughly the depth of the water table), removal of all tanks, associated piping, concrete supports and unloading stations, backfilling with uncontaminated soil, and covering the site with a clay cap, topsoil and vegetation.

Active RCRA Corrective Action Complete. Approval of RCRA closure and post closure care received in a 12/16/1988 letter from MDNR. Post closure activities include inspection and maintenance of protective cap and cover. Continued groundwater monitoring and pump and treat. Post closure care activities implemented and ongoing. No further regulatory approval required.

Ongoing RCRA post closure care. Inspection and maintenance of protective cap and cover. Continued Institutional and Engineering Controls as defined in Sitewide Institutional Controls Plan as contained in the Long Term Operations Maintenance and Monitoring Plan. Continued groundwater monitoring and pump and treat. Access and Deed Restrictions.

SWMU 2

TCE Still Location

A solvent recovery still operated in this area in the 1950’s. Solvent spills have contaminated soil and groundwater. Interim Measures completed in FY98 included removal of concrete slab and soil to 5 feet, removal of abandoned piping, and backfill of area with clean soil. Institutional controls and groundwater pump and treat implemented.

Active RCRA Corrective Action Complete. Unit a part of Multi-site CMS Final Decision issued July 15, 1998. CMI work plan outlining institutional controls, continued monitoring and groundwater pump and treat was approved by MDNR in a letter dated November 6, 2000. Remedy is implemented and ongoing. No further regulatory approval required.

Continued Institutional and Engineering Controls as defined in Sitewide Institutional Controls Plan. Continued groundwater monitoring and pump and treat. Access and Deed Restrictions.


Solid Waste

Management

Unit (SWMU) #

REMEDIAL ACTIONS COMPLETED CURRENT STATUS STATUS ONGOING

SWMU 3

Waste Transfer

Spill Area

Liquid wastes transferred to two holding tanks

(unknown duration). Alleged routine spills. No

evidence of release found in RFI.

Combined and addressed with SWMU 37

(Abandoned Sump). Soil removed to 15’ and

backfilled with clean soil. Institutional controls

and groundwater pump and treat

implemented.

Active RCRA Corrective Action Complete.

Investigated under TCE Still Area RFI. Unit a

part of Multi-site CMS Final Decision issued

July 15, 1998. Selected remedy is institutional

controls for soils with groundwater pump and

treat. CMI work plan outlining institutional

controls, continued monitoring and

groundwater pump and treat was approved by

MDNR in a letter dated November 6, 2000. No

further regulatory approval required.

Continued Institutional and Engineering

Controls as defined in Sitewide Institutional

Controls Plan. Continued groundwater

monitoring and pump and treat. Access and

Deed Restrictions.

SWMU 4

Classified Waste

Trenches

Three former burial trenches excavated in

1984. Debris removed and disposed of off-

site. Excavation backfilled with clean soil.

Institutional controls and groundwater pump

and treat implemented.


Investigated under TCE Still Area RFI. Unit a

part of Multi-site CMS Final Decision issued



treat. CMI work plan outlining institutional

controls, continued monitoring and

groundwater pump and treat was approved by

MDNR November 6, 2000. No further

regulatory approval required.





Deed Restrictions.

SWMU 5

North Lagoon

An industrial wastewater lagoon in service

from 1963 to 1985. Sludge was removed in

1985 and area backfilled with clean soil and

capped in 1988 as a part of RCRA closure.

Institutional and engineering controls and

groundwater pump and treat implemented.


Hazardous Waste Management Unit in post-

closure care. Approval of RCRA closure and

post closure care received in a 12/16/1988

letter from MDNR. Unit also included in

Northeast Area investigation. CMI Workplan

for Northeast Area approved by EPA 10/29/96.

Ongoing RCRA post closure care. Inspection

and maintenance of protective cap and cover.


Controls as defined in Institutional Controls

Plan. Continued groundwater monitoring and

pump and treat. Access and Deed Restrictions.


Solid Waste

Management

Unit (SWMU) #


Post closure care and institutional and

engineering controls with groundwater pump

and treat implemented and ongoing. No


SWMU 6

Old Ponds

Three ponds identified on historical aerial

photographs. Addressed under corrective

action. Identified as primary source of

Northeast Area contamination. Groundwater

pump and treat and institutional controls

implemented.


Corrective Measure Study approved 11/13/95.

Final Decision/Response to Comments issued

11/13/95 – Institutional controls with

groundwater pump and treat. CMI workplan

approved by EPA10/29/96. Implementation of

remedy ongoing. No further regulator

approval required.





Deed Restrictions.

SWMU 7

North Lagoon

Trench Area

Trench and reinforced concrete pipe found

under the base of the Former North Lagoon. It

was rerouted when the lagoon was

constructed. An excavation in this trench

revealed the RCP, an empty TCE drum and

other miscellaneous items which were

removed and disposed offsite. The excavation

was backfilled with clean soil and capped as

part of the North Lagoon closure (SWMU 5.)

Active RCRA Corrective Action Complete

Corrective Measures Study approved

11/13/95. Final Decision/Response to

Comments issued 11/13/95 - Institutional

controls with groundwater pump and treat.

CMI Workplan approved by EPA 10/29/96.

Implementation of remedy ongoing. No






Deed Restrictions.

SWMU 8

Outfall 001

Raceway

Volatile organic contamination at this location

derived from groundwater seeps.

Groundwater collection system installed in

April 1993.

Corrective Measures Study approved

11/13/95. Final Decision/Response to

comments issued 11/13/95. CMI Workplan

approved by EPA 10/29/96 that required

operation of 001 Interceptor System under


Controls as defined in the Sitewide

Institutional Controls Plan. Includes continued

operation and maintenance of Outfall

001groundwater collection sump. Continued


Solid Waste

Management

Unit (SWMU) #


GW Treatment System Operations and

Maintenance plan. Remedy implemented and

ongoing. No further regulatory approval

required.

groundwater monitoring and pump and treat.

Access and Deed Restrictions.

SWMU 9

Building 57 Acid

and Alkaline

Tanks

Acid and alkaline tanks attached to an old

plating facility. Corrective action determined

that area was not a release site. Tanks and

ancillary piping removed. Institutional

controls and pump and treat implemented.


Tanks removed in 1989. Tank sumps removed

in 1996 under Interim Measures. Unit a part

of Multi-site CMS approved July 15, 1998.

Selected remedy is institutional controls for

soils with groundwater pump and treat. CMI

workplan was approved by MDNR November

6, 2000. Remedy implemented and ongoing.

No further regulatory approval required.





Deed Restrictions.

SWMU 10

Waste Oil Tank

Under North

End of Plating

Building

A 26,000 gallon tank used for waste oil. Tank

was installed in 1943 and used until 1950.

Tank removed and excavation backfilled with

clean soil in 1995 under Interim measures.

Groundwater pump and treat and institutional

controls for soils implemented.

Active RCRA Corrective Action Complete. Unit

a part of Multi-site CMS. Final Decision issued



treat. CMI work plan was approved by MDNR

November 6, 2000. Remedy implemented and


required.





Deed Restrictions.

SWMU 11

Substation 18

North of Plating

Building

Electrical substation containing Aroclor 1260

from which spills may have occurred.

Transformer and concrete pad removed.


Electrical equipment removed in 1989.

Substation spill containment removed in 1995.

Addressed under Interim Measures. Interim

Measures Report approved by EPA 12/21/95.





Solid Waste

Management

Unit (SWMU) #


CMI work plan describing institutional controls

to be implemented was approved by MDNR



required.


Deed Restrictions.

SWMU 12

Department 26

Outside

Site of former Therminol heat transfer system.

Three Therminol tanks and piping removed in

1985. Contaminated soil above storm sewer

laterals removed under Interim Measures in

1996. Groundwater pump and treat and

institutional controls for soils implemented.


a part of Multi-site CMS Final Decision issued






required.





Deed Restrictions.

SWMU 13

South Lagoon

An industrial wastewater lagoon in service

from 1975 to 1988. A RCRA Closure was

completed in 1988 which included removing

contaminated sediments, backfilling with

uncontaminated soil, and covering the site

with a clay cap, topsoil and vegetation.

Active RCRA Corrective Action Complete. Final

closure report and post closure care plan

approved by MDNR in a letter dated 12/16/98.

RFI performed under RCRA 3008(h) Consent

Order. No further action for groundwater as

contamination is below remediation goals

based on MDNR approval of South Lagoon RFI

Report November 13, 1995. Ongoing post-

closure care under RCRA consisting of cap

maintenance and institutional controls. No


Ongoing RCRA post closure care. Inspection

and maintenance of protective cap and cover.

Access and Deed Restrictions

SWMU 14 Outfall prior to construction of Highway W

(Bannister Road). PCB spills contaminated the


Corrective Measure Implementation (CMI)


Solid Waste

Management

Unit (SWMU) #


Old 002 Storm

Sewer Outfall

(AICO)

Outfall area, and then were buried during

highway construction. A large PCB remedial

project was undertaken in 1993 at AICO where

27,210 tons of PCB contaminated material (up

to 9,000 mg/kg) were removed for off-site

disposal. Clean fill was used to restore the area

to grade. RCRA Corrective Action completed.

completed. Confirmation study approved by

EPA Region VII on 8/12/94.

No further action.

SWMU 15

New 002 Storm

Sewer Outfall

Present location of storm water discharge to

Indian Creek. PCB contaminated soil

historically located in and around the Outfall.

Soil removed, backfilled with clean soil. Barrier

installed to prevent access to discharge

raceway. Institutional and engineering

controls implemented.


Contaminated soil along bank of Indian Creek

removed to EPA Region VII prescribed levels

and covered with clean backfill (1988).

Approved for no further action under Consent

Order. Re-addressed as a part of the 95th

Terrace Project. Remedy includes institutional

and engineering controls with continued

monitoring. All monitoring and controls are

implemented and ongoing. CMI workplan

submitted.

See SWMU 42.

SWMU 16

Sales Building

Building was used from mid-1940’s to 1972 to

store surplus equipment for sale. Degreasing

solvents may have been used. Groundwater

contamination is present in the area.

Institutional controls implemented.







ongoing.





Deed Restrictions.


Solid Waste

Management

Unit (SWMU) #


SWMU 17

Building 54

Oil seeping through a wall in the basement of

this building caused it to be added to the prior

Consent Order. A sump was later determined

to be located outside the building near the

leak. Investigation, revealed no widespread

contamination. Institutional controls and

pump and treat implemented.








required.





Deed Restrictions.

SWMU 18

North Lot

Historical aerial photos indicate drums and

equipment in this area. No contamination

found at this location. No remedial action

required.

Active RCRA Corrective Action Complete. RFI

for Miscellaneous Contaminated Soils found no

contamination. EPA approved the

Miscellaneous Contaminated Soils CMS on

11/13/95, which removed this SWMU from

further consideration.

No further action.

SWMU 19

Building 16

Underground Pit

A pit which may have received spills of PCBs

from cleaning operations. No remedial action

required.

Active RCRA Corrective Action Complete. RFl

for Miscellaneous Contaminated Soils found no

contamination. EPA approved the

Miscellaneous Contaminated Soils CMS on

11/13/95, which removed this SWMU from

further consideration.

No further action.

SWMU 20

Abandoned Fuel

Lines

Fuel lines from the old Underground Tank

Farm, which may contain residual fuel/oil.

Addressed as a part of Miscellaneous

Contaminated Soils. BFEC 31 investigated as a

part of Abandoned Fuel Lines investigation

Active RCRA Corrective Action Complete. Final

remedy of institutional controls chosen in Final

Decision/ Response to Comments for

Miscellaneous Contaminated Soils. CMI

Workplan approved by EPA 10/29/96. Remedy





Deed Restrictions


Solid Waste

Management

Unit (SWMU) #


(borehole 18). Institutional controls

implemented.

implemented and ongoing. No further


SWMU 21

Fuel Oil Tank

Unloading Area

Unloading area for two 400,000 gallon fuel oil

tanks. Addressed as a part of Miscellaneous

Contaminated Soils. Institutional controls

implemented.


Final remedy of institutional controls chosen in

Final Decision/Response to Comments For

Miscellaneous Contaminated Soils. CMI

Workplan approved by EPA 10/29/96. Remedy







Deed Restrictions.

SWMU 22

East of Oil

Storage Tanks,

Underground

Tank Farm and

Building 15,

Extending to

Lagoons

PCB contaminated water was spread on the

ground in this area. Sampling prior to 1989

indicated no significant contamination,

allowing the site to be approved for no further

action. No remedial action required.

Assigned no further action in Appendix E of

the prior RCRA 3008(h) Consent Order dated

June 23, 1989.

No Further Action

SWMU 23

PCB and

Hydraulic Oil

Spills in Open

Area East of

Barrel Lot

Water contaminated with PCBs and hydraulic

oil was dumped on ground. Sampling prior to

1989 indicated no significant contamination,


action. No remedial action required.


prior (June 23, 1989) RCRA 3008(h) Consent

Order.

No Further Action


Solid Waste

Management

Unit (SWMU) #


SWMU 24

Wastewater

Dumping West

of

Building 16

Dilute waste acids, caustics, water from spills

and sumps (some containing oils), and PCBs

were dumped onto the ground and allowed to

infiltrate into soil. Sampling prior to 1989

indicated no significant contamination,


action when the prior Consent Order was

signed. No remedial action required.



Order.

No Further Action

SWMU 25

Spill of Cutting

Oil and Coolants

Near Lot 187-1

Outside Diked

Area

Cutting oil and coolants were spilled, routed to

an unlined concrete sump and pumped out.

Sampling prior to 1989 indicated no significant

contamination, allowing the site to be

approved for no further action when the prior

Consent Order was signed. No remedial action

required.



Order.

No Further Action

SWMU 26

Spill of Caustic

Wastewater

North of

Manufacturing

Support Building

Caustic wastewater from a leaking pipe spilled

into an excavation. Approved for no further

action when prior Consent Order was signed.

No sampling performed. No remedial action

required.



Order.

No Further Action


Solid Waste

Management

Unit (SWMU) #


SWMU 27

Dumping of

PCB

contaminated

wastewater

west of lagoons

Sampling indicated no significant

contamination. Approved for no further

action when prior Consent Order was signed.

No remedial action required.



Order.

No Further Action

SWMU 28

Spill of Plating

Acid From

Truck

(East Half of

Barrel Lot)

Approximately 3000 gallons of acid was

spilled onto gravel and covered with sodium

carbonate. Sampling indicated no significant

contamination. Approved for no further

action when prior Order was signed. No

remedial action required.



Order.

No Further Action

SWMU 29

Southeast

Parking Lot

Construction waste was dumped here leading

to the concern that hazardous/toxic materials

may have been dumped as well. Groundwater

pumping wells installed to prevent offsite

migration of plume.



prior RCRA 3008(h) Consent Order. However,

the 1999 MHWMF Permit required a Phase I

RFI which was subsequently approved by

MDNR on August 28, 2000. Approval requires

continued operation of groundwater pump

and treat system. Remedy implemented and


required.





Deed Restrictions.


Solid Waste

Management

Unit (SWMU) #


SWMU 30

Department 27

Outside

Piping, an underground gasoline tank, and

two underground tanks supporting

Department 27 Therminol system. One

project removed tanks, piping and most

contamination. Another removed remaining

soil contamination. Excavation backfilled with

clean soil and asphalt topping applied.

Approved for no further action based on EPA

approval of Interim Measures

Implementation Report November 13, 1995.

No further Action

SWMU 31

Department 26

Active manufacturing department with heat

transfer equipment, which formerly

contained PCB fluids. System was replaced in

mid-1980’s with non-PCB fluids. Leaks from

sumps prior to system replacement have

contaminated soil and groundwater in and

around department. Institutional and

engineering controls implemented.


Unit a part of Multi-Sites Final Decision issued

July 15, 1998. CMI Workplan approved by

MDNR on November 6, 2000. Selected

remedy is institutional controls. However,

PCB contaminated soils continue to infiltrate

into 002 storm sewer system. Base flows in

storm sewer have been re-routed to the

groundwater treatment system. PCB

stormwater contamination issues addressed

in 95th Terrace Project. Remedy implemented

and ongoing. No further regulatory approval

required for this SWMU.





Deed Restrictions. Reroute of baseflows from

002 storm sewer system.

SWMU 32

Department 27

Inside

Inactive manufacturing department with heat

transfer equipment, which formerly

contained PCB fluids. System was replaced in

mid-1980’s with current, non PCB fluids.

Leaks from pits were suspected but not found

upon investigation. Concrete flooring and

topping, pits, sump, soils, and underground




controls for soils. CMI workplan approved by

MDNR November 6, 2000. Remedy





Deed Restrictions.


Solid Waste

Management

Unit (SWMU) #


piping removed. Area backfilled with clean

soil and new concrete flooring. Institutional

and engineering controls implemented.



SWMU 33

Oil House

Building used to store oil and other fluids.

Floor drains formerly routed to a French Drain

outside the building caused contamination in

soil and groundwater. Institutional controls

and pump and treat implemented.





treat. CMI workplan approved by MDNR



required.





Deed Restrictions.

SWMU 34

Sanitary Sewer

Pump Station

Sanitary sewer pipe vent where oil discharged

from vent during high flows. Soil indicated

low levels of PCBs initially. No oil or PCBs in

subsequent sampling. No remedial action

required.

Approved for no further action based on

D/27 Outside RFI report (Appendix E of prior

RCRA 3008(h) Consent Order). No further


No further Action

SWMU 35

East

Boilerhouse

Substation 23 and underground electrical lines

near the East Boilerhouse were contaminated

with PCBs. Interim measures removed

electrical equipment, lines, concrete slabs,

and other contamination in 1994/1995.


Area addressed under Interim Measures. I/M

Report approved by EPA/MDNR on 3/20/97.

No further regulatory approval required.

No further Action

SWMU 36 Sump where plant vehicles were washed.

Sump leaked liquids to soil and groundwater


a part of Multi-Sites Final Decision issued July

15, 1998. Selected remedy is institutional





Solid Waste

Management

Unit (SWMU) #


Maintenance

Vehicle Repair

Shop Sump

under sump. Institutional controls

implemented.

controls for soils. CMI workplan approved by

MDNR November 6, 2000. Remedy




Deed Restrictions.

SWMU 37

Abandoned

Sump

Sump located between Buildings 89 and 96,

immediately east of Waste Transfer Spill Area

and covered with a large concrete slab.

Combined with SWMU 3 in TCE Still Area RFI.

Interim Measures conducted in FY98 included

removal of concrete slab, sump, and soil, and

backfilling with clean soil. Institutional

controls and pump and treat implemented...






November 6, 2000. Remedy implemented


required.





Deed Restrictions.

SWMU 38

Reported

Buried Drum

Site

Employee interviews reported burial of

approximately 20 drums thought to have

contained water and black metal shavings

from a previous manufacturing operation.

Ground-penetrating radar, electromagnetic,

and magnetometer surveys were used to

locate. Never found. Presumed non-existent

and was approved for no further action.

No further action based on Results of TCE Still

Area RFI Report (Appendix E).

No further Action

SWMU 39

Department 95

Located in the northeast quadrant of the Main

Manufacturing Building. The area was used for

machining operations including degreasing.

RFI Report approved. No source

contamination identified. Institutional











Deed Restrictions.


Solid Waste

Management

Unit (SWMU) #


controls and groundwater pump and treat

implemented.


required.

SWMU 40

Former Chip

Handling

Building

Formerly located north of the Main

Manufacturing Building. Used to store and

recycle chips from manufacturing processes.

Institutional controls and groundwater pump

and treat implemented.








required.





Deed Restrictions.

SWMU 41

Department 20

Degreaser Pit

Located in the southeast quadrant of the Main

Manufacturing Building. Was formerly used to

clean parts using a vapor degreaser which was

known to have leaked. The degreaser has

been removed and the pit filled with sand and

capped with concrete. Institutional controls

and groundwater pump and treat

implemented.








required.





Deed Restrictions.

SWMU 42

95th Terrace

Site is located under and around street called

95th Terrace on the south side of the

complex. It includes PCB contamination

Active RCRA Corrective Action Complete. Continued Institutional and Engineering


Controls Plan. Access and Deed Restrictions


Solid Waste

Management

Unit (SWMU) #


originally investigated under the Old 002

Outfall (Abandoned Indian Creek Outfall –

SWMU 14) RFI. Institutional controls,

engineering controls, groundwater pump and

treat, and monitoring implemented.

Final Remedy incorporated into MHWMF

permit revision dated 9/29/06

on land owned by NNSA. Continued

monitoring.

SWMU 43

Test Cell Tanks

Located near the northeast corner of Main

Manufacturing Building. Tanks contained

petroleum hydrocarbons and reported closed.

Institutional and engineering controls and

groundwater pump and treat implemented.

Remediation completed in FY 98. CMI

workplan approved by MDNR November 6,

2000. Remedy implemented and ongoing. No






Deed Restrictions.

SWMU 44

Building 50

Located just east of the West Boilerhouse.

Previous groundwater sampling in vicinity

detected volatile organic compounds. Six

underground tanks and piping removed and

backfilled. Asphalt topping applied. Added to

the 2012 modified Missouri Hazardous Waste

Management Facility Permit

Revised Phase I RFI approved 6/18/15. Should

building footing tile drains be removed,

additional plans for remediation must be

submitted. Any new findings from CP Stage II

related to PCBs in storm sewers should be

provided to DNR.



Controls Plan. Access and Deed Restrictions

on land owned by NNSA. Continued

monitoring.

Exhibit 3

Land Use Restriction Notices for the Underground Tank Farm, North Lagoon and South Lagoon May 1989

Documents

CERCLA 120(h) Notice Covenant, Access Provisions …...THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT OF 1980 (42 U.S.C. § 9620(h)(3)): For the property,