United States Environmental Protection Agency Office of Solid Waste and Emergency Response Directive: 9335.3-02FS-1 November 1989 &EPA A Guide to Developing Superfund Records of Decision Office of Emergency and Remedial Response Hazardous Site Control Division Quick Reference Fact Sheet EPA issues the Record of Decision (ROD) as the final remedial action plan for a site or operable unit. The ROD summarizes the problems posed by the conditions at a site, the alternative remedies considered for addressing those problems, and the comparative analysis of those alternatives against nine evaluation criteria. The ROD then presents the selected remedy and provides the rationale for that selection, specifically explaining how the remedy satisfies the requirements of section 121 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986. This guide provides ROD preparers with a quick reference to the essential ROD components. The information to be included in each of the three major sections of a ROD is summarized below. Close attention should be given to the sections in which alternatives are described, risk information is presented, the comparative analysis against the nine evaluation criteria is summarized, and the declaration of statutory determinations is made. Additional information on ROD preparation is provided in Chapters 6,7, and 9 of the "Interim Final Guidance on Preparing Superfund Decision Documents" (the "ROD Guidance") (OSWER Directive 9335.3-02, November, 1989, EPA/540/G-89/007). THE DECLARATION The Declaration is a formal statement signed by the EPA Regional Administrator (RA) or Assistant Administrator (AA) of the Office of Solid Waste and Emergency Response (OSWER) that identifies the selected remedy and indicates that the selection was carried out in accordance with the statutory and regulatory requirements of the Superfund program. The State Director may also sign the Declaration, if appropriate. The Declaration should be approximately two pages long and should include the information provided in Highlight 1. Highlight 1: Outline and Sample Language for the Declaration of the Record of Decision Site Name and Location Statement of Basis and Purpose "This decision document presents the selected remedial ac- tion for the [site], in [location], which was chosen in accor- dance with CERCLA, as amended by SARA, and, to the ex- tent practicable, the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This decision is based on the administrative record for this site." "The State/Commonwealth of concurs with the se- lected remedy." Assessment of the Site "Actual or threatened releases of hazardous substances from this site, if not addressed by implementing the response action selected in this Record of Decision (ROD), may pre- sent an imminent and substantial endangerment to public health, welfare, or the environment." Description of the Selected Remedy Q Describe the role of this operable unit within the overall site strategy. (Does this operable unit address the principal threats posed by the site?) a Describe the major components of the selected remedy in bullet fashion. Statutory Determinations n When the selected remedy satisfies the statutory preference for treatment as a principal element by addressing the prin- cipal threat(s) at the site with treatment, the Declaration should state: "The selected remedy is protective of human health and the environment, complies with Federal and State re- quirements that are legally applicable or relevant and ap- gropriate to the remedial action [or "a waiver can be justi- ed for whatever Federal and State applicable or relevant and appropriate requirement that will not be met"], and is cost-effective. This remedy utilizes permanent solutions and alternative treatment (or resource recovery) technol- ogy, to the maximum extent practicable, and satisfies the statutory preference for remedies that employ treatment that reduces toxicity, mobility, or volume as a principal element." (or) When a remedy involving little or no treatment is selected (i.e., treatment is not utilized to address the principal threat(s)), CERCLA, as amended by SARA, requires a statement and ra- tionale explaining why a remedial action involving such reduc- tions was not selected. The Declaration should state: "The selected remedy is protective of human health and the environment, complies with Federal and State requirements that are legally applicable or relevant and appropriate to the remedial action [or "a waiver can be justified for whatever Federal and State applicable or relevant and appropriate re- quirement that will not be met"], and is cost-effective. This remedy utilizes permanent solutions and alternative treat- ment (or resource recovery) technologies, to the maximum extent practicable for this site. However, because treatment of the principal threats of the site was not found to be practi- cable [or "within the limited scope of this action"], this rem- edy does not satisfy the statutory preference for treatment as a principal element." If the remedy will leave hazardous substances on-site above health-based levels, the Declaration should include the follow- ing: "Because this remedy will result in hazardous substances re- maining on-site above health-based levels, a review will be conducted within five years after commencement of reme- dial action to ensure that the remedy continues to provide adequate protection of human health and the environ- ment." (or) If the remedy will not leave hazardous substances on-site above health-based levels, the Declaration should include the following: "Because this remedy will not result in hazardous substances remaining on-site above health-based levels, the five-year review will not apply to this action." (Signature of Assistant/Regional Administrator) (Signature of State Director (if appropriate)) Date (Note: Attach the State's letter of concurrence to the Record of Decision package) rriniea on HocyciBO Paper ------- THE DECISION SUMMARY The Decision Summary provides an overview of the problems posed by the conditions at a site, the remedial alternatives, and the analysis of those options. The Decision Summary explains the rationale for the selection and how the selected remedy satisfies statutory requirements. The information to be presented in each of the sections of the Decision Summary is outlined below. In most cases, much of the information presented can be summarized from the Remedial Investigation/Feasibility Study (RI/FS). Site Name, Location, and Description. Briefly describe the site in terms of: a Name, location, address (include maps, a site plan, or other graphic descriptions, as appropriate); o Area and topography of the site, especially if it is located within a floodplain or wetlands; n Adjacent land uses; Q Natural resource uses; a Location and distance to nearby human populations; o General surface-water and ground-water resources; and D Surface and subsurface features (e.g., number and volume of tanks, lagoons, drums, or other structures). Site History and Enforcement Activities. Summarize the following: D History of site activities that led to current problems; o History of Federal and State site investigations and removal and remedial actions conducted under CERCLA or other authorities; and D History of CERCLA enforcement activities at the site, including: - The results of searches for potentially responsible parties (PRPs); and - Whether special notices have been issued to PRPs. Highlights of Community Participation. Summarize the major public participation activities, as follows: D Describe how the public participation requirements of CERCLA sections 113(kX2)(BXi-v) and 117 were met in the remedy selection process. Note: Community response to the selected remedy should be addressed under the "community acceptance" criterion in the Comparative Analysis section of the ROD. Responses to community concerns should be addressed in the "Responsiveness Summary1' of the ROD. Scope and Role of Operable Unit [or Response Action] Within Site Strategy. n Describe the role of the remedial action within the overall site clean-up strategy. o Summarize the scope of the problems addressed by the remedial action selected. Will the action address any of the principal threats posed by conditions at the site? Note: The Statutory Determinations section of the ROD should explain whether or not the selected remedy satisfies the statutory preference for remedies employing treatment that reduces toxicity, mobility, or volume as a principal element. By indicating whether the principal threat(s) will be addressed by the action, the Scope and Role section of the Decision Summary should provide the basis for that statutory determination. Summary of Site Characteristics. Highlight the following factors: D All known or suspected sources of contamination; D Contamination and affected media, including: - Types and characteristics (e.g., toxic, mobile, carcinogenic, non-carcinogenic) of contaminants; - Volume of contaminated material; and - Concentrations of contaminants; n Location of contamination and known or potential routes of migration, including: - Population and environmental areas that could be affected, if exposed; - Lateral and vertical extent of contamination; and - Potential surface and subsurface pathways of migration. Include maps, charts, tables, and other graphic descriptions, as appropriate. Summary of Site Risks. Summarize the results of the baseline risk assessment conducted for the site. Human Health Risks: D Identify the concentrations of the contaminants (indicator chemicals) of concern in each medium of exposure; D Summarize results of the exposure assessment; o Summarize the toxicity assessment of contaminants of concern; D Summarize risk characterization for each pathway and the total risk for the site, including: - Potential or actual carcinogenic risks; - Noncarcinogenic risks; and - Brief explanation of the meaning of key risk terms. Environmental Risks: n Summarize the affects of the contamination on critical habitats; and a Summarize the affects of the contamination on any endangered species. Note: This summary of the baseline risk assessment provides the rationale for the lead agency's either undertaking a response action or taking no action. Description of Alternatives. The objective of this section is to provide an understanding of the remedial alternatives developed for the site and their specific components. Each alternative should be described in terms of the components listed below. Figure 1 is an example of elements to be addressed in this section. D Treatment components. Describe the following, as appropriate: - Treatment technologies (e.g., thermal destruction) that will be used; - Type and volume of waste to be treated; - Process sizing; and Primary treatment levels (e.g., best demonstrated available technology [BOAT], percentage or order of magnitude of concentration reductions expected). n Containment or storage components. Describe the following, as appropriate: Type of storage (e.g., landfill, tank, surface impoundment, containers); - Type of closure that will be implemented (RCRA Subtitle C clean closure, landfill closure, Subtitle D solid waste closure); Type and quantity of waste to be stored; and - Quantity of untreated waste and treatment residuals to be disposed off-site or managed on-site in a - 2 - ------- containment system (cap., minimum technology unit, etc.) and the degree of hazard remaining in such waste. Q Ground-water component. Describe the following, as appropriate: - Ground-water classification (e.g., Class I, II, or III); - Remediation levels (e.g., Maximum Contaminant Levels [MCLs] ); - Estimated restoration timeframe; and - Area of attainment n General components. Describe the following, as appropriate, for each of the three previous components: - Contaminated media addressed (and physical location at the site); - Initial risk; - Risk reduction; - Whether treatability testing has been or will be conducted; - Implementation requirements; - Institutional controls; - Residual levels (e.g., delisting, BOAT); - Assumptions, limitations, uncertainties; - Estimated implementation timeframe; and - Estimated capital, O&M, and present-worth costs. n The major applicable or relevant and appropriate requirements (ARARs), risk-based levels, and other "to be considered" (TBCs) being met/utilized for the specific components of the waste management process. - The description should summarize how the specific components of the alternative will comply with the major ARARs, as well as briefly describe why the standard is applicable or relevant and appropriate (e.g., placing a RCRA characteristic waste, thus RCRA closure is applicable). Summary of Comparative Analysis of Alternatives. In this section, summarize the relative performance of the alternatives by highlighting the key differences among the alternatives in relation to the nine evaluation criteria. An effective way of organizing this section is to present a series of paragraphs headed by each. criterion. Under each criterion, the alternative that performs best in that category should be discussed first, with other options discussed in sequence. Refer to the RI/FS and ROD guidance documents for additional information on the factors included in each of the nine criteria. The nine evaluation criteria are summarized below. Threshold Criteria n Overall protection of human health and the environment addresses whether a remedy provides adequate protection and describes how risks posed through each pathway are eliminated, reduced, or controlled through treatment, engineering controls, or institutional controls. a Compliance with applicable or relevant and appropriate requirements (ARARs) addresses whether a remedy will meet all of the ARARs of other Federal and State environmental laws and/or justifies a waiver. Primary Balancing Criteria n Long-term effectiveness and permanence refers to expected residual risk and the ability of a remedy to maintain reliable protection of human health and the environment over time, once clean-up goals have been met. a Reduction of toxicity, mobility, or volume through treatment is the anticipated performance of the treatment technologies a remedy may employ. n Short-term effectiveness addresses the period of time needed to achieve protection and any adverse impacts on human health and the environment that may be posed during the construction and implementation period, until clean-up goals are achieved. a Implementability is the technical and administrative feasibility of a remedy, including the availability of materials and services needed to implement a particular option. n Cost includes estimated capital and O&M costs, as well as present-worth costs. Figure 1 Components of Alternatives t 28,000 YD3 SOIL * SOIL EXCAVATION I DRY SCRUBBER f ON-SITE " INCINERATION Heavy metals Clean closure Meets LDR BD Cd:28ppm. , Backf|||/regrade standards Cr+6:12Ppm . Revegetate Pb:41ppm VOCs TCE: 127 ppm Benzene: 52 ppm 10~2 carcinogenic risk level AIR Waste restricted under LDRs EMISSIONS t Tim iH CONTAMINATED GROUND WATER TCE: 202 ppm Benzene: 1 03 ppm 10~Z Carcinogenic risk level e Until Cleanup Goals Met mx&im^xi^xtmi&M GROUND-WATER EXTRACTION AIR STRIP GAG o be Described AIR 99.99% Destruction Removal Efficiency Residual Ash ON~SI,T^5I Heavy Metals ' SUBTITLED Hj 28,000 YC TREATEC . TREAT IN Spent GAC ACCORDANCE * WITH LDR BOAT OFF-SITE RCRA ^ SUBTITLE C DISPOSAL SPOSAL Ground-water IA monitoring LANDFILL Cap/liner Integrity 5 FROM Deed restrictions 33 OF Exposure level at SOIL 10~s concentration levels $14,666,000 Capital $43,700 Annual O&M $14.400,000 Present worth OFF-SITE RCRA DISPOSAL 1.75 Million _ 98.2% Gallons per trriuem ^ Hemoval Efficiency rate DISCHARGE TO XYZ RIVER Soil sa&^MMsamMMS^^^^^^msssmmMM^ Z 28 Months NPDES permit 10 ~6 carcinogenic risk level $12,527,000 Capital $525,000 Annual O&M $15,300,000 Present worth gg8^TOp8SpE8^^g%ff^iisffiPS8a88miagSS Ground water i ESSfc^ JMS88MjM86i8ia»Mmij||g|fc». 2 8Yrs ^^ - 3 - ------- Modifying Criteria ^ State/Support Agency Acceptance should be used to indicate the support agency's comments. Where the State or Federal agency is the lead for the ROD, EPA's acceptance of the selected remedy should be addressed under this criterion. " Community Acceptance summarizes the public's general response to the alternatives described in the Proposed Plan and RI/FS Report. The specific responses to public comments should be addressed in the Responsiveness Summary section of the ROD. Notes: In addressing the long-term effectiveness and permanence of an alternative, the term "permanence" should be used carefullv. Permanence is viewed along a continuum; an alternative can be described as offering a greater or lesser degree of long-term effectiveness and permanence. Alternatives generally should not be described as "permanent" or "impermanent." Only reductions achieved through treatment should be addressed under the "reduction of toxicity, mobility, or volume through treatment" criterion. Reductions of mobility accomplished through containment should be addressed under "overall protection of human health and the environment." The Selected Remedy. In this section of the ROD, identify the selected remedy and remediation goals and state: D The carcinogenic risk level to be attained and the rationale for it; and a The specific points of compliance, as appropriate, for the media being addressed (e.g., "MCLs will be met at the edge of the waste management area"). The Statutory Determinations. The remedy selected must satisfy the requirements of section 121 of CERCLA to: o Protect human health and the environment; n Comply with ARARs (or justify a waiver); D Be cost-effective; a Utilize permanent solutions and alternative treatment technologies or resource recovery technologies to the maximum extent practicable; and n Satisfy the preference for treatment as a principal element or justify not meeting the preference. A description of how the selected remedy satisfies each of the statutory requirements should be provided. Points to address for each of these requirements are presented in Highlight 2. Documentation of Significant Changes. CERCLA section 117(b) requires an explanation of any significant changes from the preferred alternative originally presented in the Proposed Plan. If the selected remedy reflects significant changes from the preferred alternative, the ROD should: D Identify the preferred alternative originally presented in the Proposed Plan; a Describe the significant changes; and n Explain the reason(s) for such changes. THE RESPONSIVENESS SUMMARY The final component of the ROD is the Responsiveness Summary, which serves two purposes. First, it provides lead agency decisionmakers with information about community preferences regarding both the remedial alternatives and general concerns about the site. Second, it demonstrates to members of the public how their comments were taken into account as an integral part of the decision making process. Guidance on preparing Responsiveness Summaries is available in Community Relations in Superfund: A Handbook (OSWER Directive 9230.0-3B, June 1988). That document details the process of preparing the Responsiveness Summary and includes a sample Responsiveness Summary. Highlight 2: The Statutory Determinations Protection Of Human Health And The Environment D Describe how the selected remedy will eliminate, reduce, or control risks posed through each pathway through treatment, engineering controls, or institutional controls, to ensure adequate protection of human health and the environment (including that the site risk will be reduced to within the 10-4 to 10-6 range for carcinogens, and that the Hazard Indices for non-carcinogens will be less than one). n Indicate that no unacceptable short-term risks or cross- media impacts will be caused by implementation of the remedy. Compliance with ARARs D State whether the selected remedy will comply with ARARs. When appropriate, state the waiver that is being invoked and justify the waiver. Organize the ARARs ac- cording to chemical-specific, location-specific, and ac- tion-specific. a List and describe the Federal and State ARARs that the selected remedy will attain, distinguishing applicable from relevant and appropriate requirements, as neces- sary. Note: Cite the specific section of the statute or regu- lation that contains the requirement and provide a brief synopsis of the requirement. ! List and provide the rationale for using any "to be consid- ered" (TBCs). Note: TBCs are not ARARs, but they may be used to design a remedy or set clean-up levels if no ARARs address the site, or if existing ARARs do not en- sure protectiveness. Cost-Effectiveness ; Describe how the selected remedy provides overall effec- tiveness proportionate to its costs, such that it represents a reasonable value for the money to be spent. Utilization of Permanent Solutions and Alternative Treatment Technologies or Resource Recovery Technolo- gies to the Maximum Extent Practicable ("MEP") n Describe the rationale for the remedy selection, explaining that the remedy selected provides the best balance of trade- offs among the alternatives with respect to the evaluation criteria, especially the five balancing criteria. n Discuss those criteria that were most critical in the selec- tion decision (i.e., those that distinguish the alternatives most). a Highlight the tradeoffs among the alternatives with respect to the five balancing criteria. Q Describe the role of the State and community acceptance considerations in the decision-making process (modifying criteria). n Provide a general statement that the selected remedy meets the statutory requirement to utilize permanent solu- tions and treatment technologies, to the maximum extent practicable. Note: For a remedy that does not employ any treatment or re- source recovery technologies, the explanation of the rationale should discuss the reasons why treatment was found to be impracti- cable or acknowledge that treatment was not within the limited scope of the action (e.g., an interim action). Preference for Treatment as a Principal Element a Describe how the preference for treatment is satisfied if the remedy uses treatment to address the principal threat(s) posed by conditions at the site; or a Explain why the preference is not satisfied if treatment is not used to address the principal threats. This explanation will refer back to the explanation under the "MEP" finding that explains why treatment of the principal threats was found to be either impracticable or not within the limited scope of the action. - 4 - ------- |