Common use of OPERABLE UNIT(S) Clause in Contracts

OPERABLE UNIT(S). Finding of Fact 6.19 finds that data is needed to do a supplemental remedial investigation, updated baseline Risk Assessment and revised upland and river feasibility studies. However, this section only requires RI/FS, with no mention of an updated baseline risk assessment. That should be included. Specifying in the Bradford FFA that a risk assessment must be done is not necessary because baseline risk assessments are to be part of every remedial investigation (RI) according to the NCP, 40 CFR § 300.430(d)(4). Also, Section 9.2.6 of the Bradford Island FFA calls for a Baseline Risk Assessment to be performed as part of the RI. No change is necessary for the Bradford Island FFA based on this comment.