Phase I Environmental Site Assessment and Mitigation of a Former Military Base

EKI assisted a confidential tech company in conducting due diligence to lease 1,000 acres of land, including the airfield and airport operations, from the National Aeronautics and Space Administration (NASA) at the former Moffett Naval Air Station (Moffett Field) in Mountain View, California.

The primary concerns at the facility include chlorinated solvents in groundwater, residual petroleum hydrocarbons from fueling operations, as well as polychlorinated biphenyls (PCBs) and lead that were originally used in paint and other materials coating a large, historic hangar.

EKI prepared a Phase I ESA of the 1,000-acre leasehold in compliance with ASTM E1527 and the standards issued by the U.S. Environmental Protection Agency (U.S. EPA) in 40 CFR Part 312 (AAI Final Rule).

EKI continues to provide on-going technical support to the client and the re-use team to facilitate compliance with the EIMP and regulatory agency requirements. EKI has performed the following services:

• Prepared an Environmental Issues Management Plan (EIMP). EKI worked closely with the client, client counsel, NASA, the U.S. EPA, and the California Water Board to develop the EIMP. The EIMP provides a framework for decision-making regarding residual contamination in soil, groundwater, and existing structures within the leasehold during both occupancy and redevelopment.
• Assessment of vapor intrusion.
• Development of plans and specifications to incorporate EIMP requirements into all relevant construction programs.
• Act as the primary liaison with the client, contractor, regulatory agencies, and NASA with regard to environmental issues.

Outcome

With the background information provided in the Phase I ESA report and in documents from NASA, the U.S. EPA issued to EKI’s client a Bona Fide Prospective Purchaser letter identifying the “reasonable steps” that the client, and new user, must take with respect to the existing environmental conditions at the property