Common use of Quality Assurance, Sampling, and Data Analysis Clause in Contracts

Quality Assurance, Sampling, and Data Analysis. a. Respondent shall use quality assurance, quality control, and other technical activities and chain of custody procedures for all samples consistent wdth “EPA Requirements for Quality Assurance Project Plans (QA/R5)” EP.A/240/B-01/003 (March 2001, reissued May 2006), “Guidance for ((duality Assurance Project Plans (Q.A/G-5)” EPAj'240/R- 02/009 (December 2002), and “Uniform Federal Policy for Quality Assurance Project Plans,” Parts 1-3, EPA/505/B-04/90A-900C (March 2005). - ^ b. Sampling and ^Analysis Plan. Within 20 days after the Effective date. Respondent shall submit a Sampling and Analysis Plan to EPA for review and approval. This plan shall consist of a Field Sampling Plan (“FSP”) and a Quality Assurance Project Plan (QiAPP) that is consistent with the EE/CA and Removal Work Plan, the NCP, and including, but not limited to, "Guidance for Quality Assurance Project Plans (QA/G-5)" EPA/'240/R-02/009. (December 2002), "EPA Requirements for Quality Assurance Project Plans (Q.A/R-5)" EPA 240/B-01/003 (March 2001, reissued May 2006), and "Uniform Federal Policy for Quality Assurance Project Plans," Parts 1-3, EPAG05/B-04/900A-900C (March 2005). Upon its approval' by EPA, the Sampling and Analysis Plan shall be incorporated into and become enforceable under this Settlement. c. Respondent shall ensure that EPA and State persormel and their authorized representatives are allowed access at reasonable times to all laboratories utilized by Respondent in implementing this Settlement. In addition. Respondent shall ensure that such laboratories shall analyze all samples submitted by EPA pursuant to the QAPP for quality assurance, quality control, and technical activities that will satisfy the stated performance criteria as specified in the

Quality Assurance, Sampling, and Data Analysis. a. Respondent shall use quality assurance, quality control, QA/QC and other technical activities and chain of custody procedures for all samples consistent wdth with “EPA Requirements for Quality Assurance Project Plans (QA/R5)” EP.A/240(EPA/240/B-01/003 (B-01/003, March 2001, reissued May 2006), “Guidance for ((duality Assurance Project Plans (Q.A/G-5)” EPAj'240/R- 02/009 (December 2002), and “Uniform Federal Policy for Quality Assurance Project Plans,” Parts 1-3, EPA/505/B-04/90A-900C (March 2005). - ^ b. Sampling and ^Analysis Plan. Within 20 days after the Effective date. Respondent shall submit a Sampling and Analysis Plan to EPA for review and approval. This plan shall consist of a Field Sampling Plan (“FSP”) and a Quality Assurance Project Plan (QiAPP) that is consistent with the EE/CA and Removal Work Plan, the NCP, and including, but not limited to, "Guidance for Quality Assurance Project Plans (QA/G-5)" EPA/'240” (EPA/240/R-02/009. (R- 02/009, December 2002), "and subsequent amendments to such guidelines upon notification by EPA Requirements to Respondent of such amendment. Amended guidelines shall apply only to procedures conducted after such notification. Prior to the commencement of any monitoring project under this Settlement Agreement, Respondent shall submit to EPA for approval a Quality Assurance Project Plans Plan (Q.A/R-5)" EPA 240/B-01/003 “QAPP”) that is consistent with the Removal Action Work Plan, the NCP, the Uniform Federal Policy for Implementing Quality Systems (March 2001, reissued May 2006“UFP-QS”), and "EPA-505-F-03-001, March 2005; Uniform Federal Policy for Quality Assurance Project Plans," Plans (“UFP-QAPP”), Parts 1-, 2, and 3, EPAG05EPA-505-B-04- 900A, B, and C, March 2005 and March 2012 or newer, and other guidance documents referenced in the aforementioned guidance documents as well as ▇▇▇▇://▇▇▇▇.▇▇▇.▇▇▇/fedfac/B-04/900A-900C (March 2005)assuring-quality-federal-cleanups. Upon its approval' by EPA, the Sampling and Analysis Plan shall be incorporated into and become enforceable under this Settlement. c. Respondent shall ensure that EPA personnel and State persormel and their its authorized representatives are allowed access at reasonable times to all laboratories utilized by Respondent in implementing this SettlementSettlement Agreement. In addition. , Respondent shall ensure that such laboratories shall analyze all samples submitted by EPA pursuant to the QAPP for quality assurance, quality control, and technical activities that will satisfy the stated performance criteria as specified in thethe QAPP and that sampling and field activities are conducted in accordance with “EPA QA Field Activities Procedure” (▇▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/irmpoli8/epa-qa-field-activities-procedures). Respondent shall ensure that the laboratories it utilizes for the analysis of samples taken pursuant to this Settlement Agreement meet the competency requirements set forth in EPA’s “Policy to Assure Competency of Laboratories, Field Sampling, and Other Organizations Generating Environmental Measurement Data under Agency-Funded Acquisitions” (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/fem/pdfs/fem-lab- competency-policy.pdf) and that the laboratories perform all analyses according to accepted EPA methods. Accepted EPA methods consist of, but are not limited to, methods that are documented in the EPA’s Contract Laboratory Program (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/superfund/programs/clp/), SW 846 “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/epawaste/hazard/testmethods/sw846/online/index.htm), “Standard Methods for the Examination of Water and Wastewater” (▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/), 40 C.F.R. Part 136, “Air Toxics - Monitoring Methods” (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/ttnamti1/airtox.html),” and any amendments made thereto during the course of the implementation of this Settlement Agreement. However, upon approval by EPA, Respondent may use other appropriate analytical method(s), as long as (a) QA/QC criteria are contained in the method(s) and the method(s) are included in the QAPP, (b) the analytical method(s) are at least as stringent as the methods listed above, and (c) the method(s) have been approved for use by a nationally recognized organization responsible for verification and publication of analytical methods, e.g., EPA, ASTM, NIOSH, OSHA, etc. Respondent shall ensure that all laboratories it uses for analysis of samples taken pursuant to this Settlement Agreement have a documented Quality System that complies with ANSI/ASQC E-4-2004, “Quality Systems for Environmental Data and Technology Programs: Requirements with Guidance for Use” (American National Standard, 2004, and “EPA Requirements for Quality Management Plans (QA/R-2)” (EPA/240/B-01/002, March 2001, reissued May 2006), or equivalent documentation as determined by EPA. EPA may consider Environmental Response Laboratory Network laboratories, laboratories accredited under the National Environmental Laboratory Accreditation Program, or laboratories that meet International Standardization Organization (ISO 17025) standards or other nationally recognized programs (▇▇▇▇://▇▇▇.▇▇▇.▇▇▇/fem/accredit.htm) as meeting the Quality System requirements. Respondent shall ensure that all field methodologies utilized in collecting samples for subsequent analysis pursuant to this Settlement Agreement are conducted in accordance with the procedures set forth in the QAPP approved by EPA.