ip - Federal FacilIties Remediation Course Participant Manual CERCLA Education Center Technology InnovatiOn Office and Federal Facility Restoration and Reuse Office 1’ ------- ------- CERCLA Education Center Federal Facilities Remediation Pilot Course Delivery October 26 - 28, 1999 Washington, D.C. Course Agenda Day Module Time Instructor Tuesday Introduction 8:30 a.m. - 8:45 a.m. Dianna Young, EPA Federal Facilities October 26, 1999 Restoration and Reuse Office Overview of the Environmental 8:45 a m. - 10:15 a m. Mark Stephens, EPA Region 3 and Restoration Process at Federal Rob Stites, EPA Region 8 Facilities BREAK 10:15am. - 10 30a.m. Site Close-out Process 1030 am. - 12.00 p.m Mark Stephens, EPA Region 3 and Rob Stites, EPA Region 8 LUNCH 12:00 p.m. - 115 p.m. Post-Record of Decision 1:15pm. -245 p.m Paul Mushovic, EPA Region 8 Changes BREAK 245 p m. - 3.00 p m. Long-Term Monitoring 300 p m. - 4 30 p.m Michael Barry, EPA Region 1 ------- CERCLA Education Center Federal Facilities Remediation Pilot Course Delivery October 26 - 28, 1999 Washington, D.C. Course Agenda Day Module Time Instructor Wednesday Five-Year Review 8:30 a.m. - 9:45 am. Mark Stephens, EPA Region 3 October 27, 1999 BREAK 9:45 a m - 10:00 am. Federal Property Transfer 1000 a.m. - 11:00 a m Brian Nishitani, EPA Region 3 BREAK 11:00am. -1115a.m. Federal Property Transfer 1115 am. - 1230 p.m Brian Nishitani, EPA Region 3 (continued) LUNCH . 12 30 p.m. - 1.45 p.m. Formerly Used Defense Sites 1:45 p.m. - 2 45 p.m. Charles Howland, EPA Region 3 BREAK 2:45 p.m. - 3.00 p.m. Formerly Used Defense Sites 3:00 p.m. - 4:30 p.m. Charles Howland, EPA Region 3 (continued) ------- CERCLA Education Center Federal Facilities Remediation Pilot Course Delivery October 26 - 28, 1999 Washington, D.C. Course Agenda Day Module Time Instructor Thursday October 28, 1999 Institutional Controls 8:30 a m - 10 00 a.m. Brian Nishitani, EPA Region 3 . BREAK 10:00 a.m. - 10:15 a.m Unexploded Ordnance 10:15 am. - 1115 a.m. James Woolford, EPA Federal Restoration and Reuse Office Facilities BREAK 11:15 a.m. - 11.30p.m Lead-Based Paint 11:30 p.m. - 12:45 p.m. John Hamill, EPA Region 9 ------- Course Information Reference List FEDERAL FACILITIES REMEDIATION COURSE REFERENCE LIST Module 1: Overview of the Environmental Restoration Process at Federal Facilities Statutory References: • Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA). 42 United States Code (U.S.C.) 9601 et seq. • Resource Conservation and Recovery Act (RCRA), as amended by the Hazardous and Solid Waste Amendments of 1984 (HSWA) 42 U.S.C. 321 et seq • Base Realignment and Closure Act of 1988 and 1990 • Federal Facility Compliance Act of 1992 Executive Orders: • Executive Order (E.O.) 12580: Superfund Implementation, January 23, 1987 as amended byE.O. 13016: AmendmenttoE.O. 12580. Regulatory References: • National Oil and Hazardous Substances Pollution Contingency Plan, commonly referred to as the National Contingency Plan (NCP) 40 Code of Federal Regulations (CFR) Part 300 • NCP Final Rule, March 8, 1990 (55 Federal Register [ FR] 8698) • Other CERCLA regulations such as, 40 CFR Parts 302-311, 355, and 373 • RCRA regulations for hazardous waste management, 40 CFR Parts 260-279 • RCRA regulations for solid waste management, 40 CFR Parts 240-259 • RCRA regulations for underground storage tanks, 40 CFR Parts 280-282 Policy & Guidance: • Lead Regulator Policy for Cleanup Activities at Federal Facilities on the National Priorities List. November 6, 1997. • RCRA Corrective Action Proposed Rule, May 1, 1996 (61 FR 19441). • “The Yellow Book”: Guide to Environmental Enforcement and Compliance at Federal Facilities. U.S. Environmental Protection Agency (EPA) 31 5-B-98-0 11. February 1999. • Coordination Between RCRA Corrective Action and Closure and CERCLA Site Activities. September 24, 1996. I ------- Course Information Reference List • Catalogue of Federal Agency Environmental CompliancefManagement Documents. EPA-B-94-012. June 1994. • Federal Facilities Sector Notebook: A Profile of Federal Facilities. EPA 300-B-96-003. January 1996. • Implementation Guide for the Code of Environmental Management Principles for Federal Agencies (CEMP). EPA 315-B-97-OOl. March 1997. • FedFac, An Environmental Bulletin for Federal Facilities. Published semi-annually by EPA. • Corrective Action for Releases from Solid Waste Management Units at Hazardous Waste Management Facilities; Advanced Notice of Proposed Rulemaking, May 1, 1996, Federal Register (61 FR 19432). Web Resources: The policy and guidance documents listed above, as well as many other policy and guidance documents addressing the environmental restoration processes at Federal facilities may be accessed through the Office of Emergency Remedial Response (OERR) and Federal Facility Restoration and Reuse Office (FFRRO) homepages at: • URL: http://www.epa.gov/superfund/resources • URL: http://www.epa.gov/swerffrr Compendium of Federal Facilities Cleanup Management Information • URL: http://www.epa.gov/swerffrr/compend/index.htm The CERCLA, RCRA laws and regulations, and Federal Registers may be obtained through the EPA’s home page (through links to other sites) at: • URL: http://www.epa.gov/epahome/rules.html EPA Regional Offices • Region 1 Home Page. URL: http://www.epa.gov/regionl/ • Region 2 Home Page. URL: http://www.epa.gov/region2/ • Region 3 Home Page. URL: http://www.epa.gov/region3f • Region 4 Home Page. URL: http://www.epa.gov/region4/ • Region 5 Home Page. URL: http://www.epa.gov/region5 • Region 6 Home Page. URL: http://www.epa.gov/earthlr6/index.htm • Region 7 Home Page. URL: http://www.epa.gov/region7/ • Region 8 Home Page. URL: http://www.epa.gov/region8/ • Region 9 Home Page. URL: http://www.epa.gov/region9f • Region 10 Home Page. URL: http://www.epa.gov/regionlOf 2 ------- Course Information Reference List DOE’s Federal Facility Compliance Act (FFCAct) Bulletin Board, containing similar and additional cites: • URL: http://www.em.doe.gov/ffcabb/ DOE’s Environmental Restoration Program Home Page: • URL: http://www.em.doe.gov/er/ DoD Environmental Cleanup Home Page: • URL: http://www.dtic.mil/envirodod/index.html Off of this page, DoD has posted a number of reports, policies, guidance, and instructions on a range of subjects including: Base Closure and Realignment Restoration Advisory Boards Technical Assistance for Public Participation Relative Risk Department of Defense Instructions (Environmental Cleanup) • URL: http://www.dtic.mil/envirododIenvdocs.html DoD’s Defense Environmental Network and Information Exchange: • URL: http://www.denix.osd.mil/ USACE Hazardous, Toxic and Radioactive Waste Center of Expertise: • URL: http://www.environmental.usace.army.mil/ 3 ------- Course Information Reference List Module 2: Site Close-Out Process Policy & Guidance: • The Environmental Site Closeout Process, EPA and Department of Defense (DoD). November 1998. • The Environmental Site Closeout Process: Defining the Process After Cleanup Decisions Have Been Made. The working group is comprised of representatives from DoD, EPA, state officials, and the Association of State and Territorial Solid Waste Management Officials (ASTSWMO). November 1998. • National Priorities List (NPL) Closeout Procedures. EPA/5401R-95/062; Office of Solid Waste and Emergency Response (OSWER) Directive 9320.2-09. OERR, EPA. August 1995. Web Resources: Environmental Site Closeout Working Group. July 1998 • URL: http://www.afbca.hq.af.mil/closeout Module 3: Post-ROD Changes Statutory References: • CERCLA Section 117(c) Regulatory References: • NCP: 40 CFR 300.43 5(c) and 3 00.825 Policy & Guidance: • OSWER Directive (9200.1 -23P) A Guide to Preparing Superfund Proposed Plans, Records of Decision, and other Remedy Decision Documents. July 30, 1999. • Guide to Addressing Pre-ROD and Post-ROD Changes. OSWER 9355.3-O2FS-4. 1991. Web Resources: The new EPA guidance on addressing post-ROD changes (OSWER Directive 9200.1 -23P) may be accessed through OSWER’s homepage at: • URL: http://www.epa.gov/superfurid/resources/remedy/rods 4 ------- Course Information Reference List Module 4: Long-Term Monitoring (LTMI Statutory References: • CERCLA Sections 104(c)(3) and 120(h) Regulatory Reftrences: • NCP: 40 CFR 300.435(f) • RCRA: 40 CFR Parts 264 and 265 Subpart G Policy & Guidance: • The Environmental Site Closeout Process: Defining the Process After Cleanup Decisions Have Been Made. The working group is comprised of representatives from DoD, EPA, state officials, and the ASTSWMO. November 1998. • NPL Closeout Procedures. EPAI54OIR-95/062; OSWER Directive 9320.2-09. OERR, EPA. August 1995. • Use of Monitored Natural Attenuation at Superfund, RCRA Corrective Action, and Underground Storage Tank Sites. EPA 540-F-99-009, OSWER 9200.4-1 7P. April 1999. • Guidance for Evaluation of Federal Agency Demonstrations that Remedial Actions are Operating Properly and Successfully Under CERCLA Section 120(h)(3). EPA. August 1996. • RCRA Groundwater Monitoring: Draft Technical Guidance. EPA/530/R-93/00 1. • Methods for Monitoring Pump and Treat Performance. EPAJ600IR-94/123. Module 5: Five-Year Review Statutory References: • CERCLA Section 121(c) Regulatory References: • NCP: 40 CFR 300.430 (f)(4)(ii) Policy & Guidance: • OSWER Directive (9355.7.03B-P) Comprehensive Five-Year Review Guidance (Draft). April 1999. 5 ------- Course Infornzation Reference List • OSWER Directive (9355.7-02) Memorandum: Structure and Components of Five-Year Reviews. May 23, 1991. • OSWER Directive (9355.7-02A) Memorandum. Supplemental Five-Year Review Guidance. July 26, 1994. • OSWER Directive (9355.7-03A) Memorandum: Second Supplemental Five-Year Review Guidance. December 31, 1995. Web Resources: Guidance and policy documents on Five-Year Reviews may be accessed through OSWER’s homepage at: • URL: http://www.epa.gov/oerrinet Module 6: Federal Property Transfer Statutory References: • CERCLA Section 120(h) • Congressional language on “No Cost Economic Development Conveyances” - HRpt 106- 301, Conference Report on S. 1059 National Defense Authorization Act For Fiscal Year 2000 (NDAA For FY 2000), and “Section 2821. Economic Development Conveyances of Base Closure Property” of the NDAA for FY 2000. (For links to the Congressional language on “No Cost Economic Development Conveyances” go to DoD’s Office of Economic Adjustment hompage, URL is listed below). Regulatory References: • 40 CFR Part 373 Policy & Guidance: • Military Base Closures: Revised Guidance on EPA Concurrence in the Identification of Uncontaminated Parcels under CERCLA Section 120(h)(4), OSWER. March 27, 1997. • DoD Guidance on the Environmental Review Process to Reach a Finding of Suitability to Transfer (FOST) Where No Release or Disposal Has Occurred, DoD. June 1, 1994. • Guidance for Evaluation of Federal Agency Demonstrations that Remedial Actions are Operating Properly and Successfully Under CERCLA Section 120(h)(3) (Interim), OSWER, August, 1996. 6 ------- Course Information Reference List EPA Guidance on the Transfer of Federal Property by Deed Before All Necessary Remedial Action Has Been Taken Pursuant to CERCLA Section 120(h)(3), OSWER. June 16, 1998. • Early Transfer Guidance Fact Sheet. EPA. January 1999 • Environmental Review Process to Obtain the Finding of Suitability Required for Use of Early Transfer Authority for Property Not on the National Priorities List, DoD. April 24, 1998. • DoD Policy on Responsibility for Additional Environmental Cleanup after Transfer of Real Property, Office of the Under Secretary of Defense, Acquisition and Technology, DoD. July 25, 1997. • Policy Towards Landowners and Transferees of Federal Facilities, OSWER. June 13, 1997. Web Resources: Policy and guidance documents related to property transfer may be accessed through FFRRO, the DoD’s Office of the Assistant Deputy Under Secretary of Defense for Cleanup, DoD’s Office of Economic Adjustment, and the General Services Administration hompages at: • URL: http://www.epa.gov/swerffi-r • URL: http://www.dtic.mil/envirodod/index.html • URL: http://emissary.acq.osd.mil/oea/home.nsf • URL: http://www.rc.gsa.gov/resourcecenter Module 7: Formerly Used Defense Sites (FUDS ) Statutory References: • Section 211 SARA: Defense Environmental Restoration Program (DERP) Policy & Guidance: • FUDS Program Manual: Defense Environmental Restoration Program for Formerly Used Defense Sites. U.S. Army Corps of Engineers, Directorate of Military Programs. July 1996. Web Resources: Association of State and Territorial Solid Waste Management Officials. July 1999. • URL: http://astswmo.fedfac.htm 7 ------- Course Information Reference List The Project Information Retrieval System (PIRS) World Wide Web (WWW) site URL: http://pirs.mvr.usace.army.mil/, “developed by the US Army Corps of Engineers, Rock Island District and the US Army Engineering and Support Center, Huntsville. The purpose of PIRS is to allow real time retrieval of documents generated by the Corps of Engineers in support of its projects and programs. PIRS is dedicated to making accessible documents about the investigation and cleanup of Formerly Used Defense Site (FUDS) in the United States under the Defense Environmental Restoration Program (DERP).” Also includes links to USACE BRAC, OE, and HRTW web resources. Module 8: Institutional Controls (IC ) Policy & Guidance: • Institutional Controls: A Reference Manual (Draft), March 1998. • A Guide to Establishing Institutional Controls at Closing Military Installations. Office of the Deputy Under Secretary of Defense (Environmental Security). 1997. • Assuring Land Use Controls at Federal Facilities. EPA Region 4 Waste Management Division. April 21, 1998. • Policy on the Use of Institutional Controls at Federal Facilities. EPA Region 10, Office of Environmental Cleanup, Office of Waste and Chemicals Management, and Office of Regional Counsel. 1999. • Institutional Controls and Transfer of Property under CERCLA Sections 120(h)(3)(A), (B), or (C) Draft. June 1999. • Draft Final Land Use Control/Institutional Control Management Strategy. Air Force Base Conversion Agency. May, 1999. Module 9: Unexploded Ordnance (UXO ) Regulatory References: • Military Munitions Rule Final Rule; 40 CFR Parts 260, 261, 262, 263, 264, 265, 266, and 270; (EPA 530-Z-95-013). February 12, 1997. Policy & Guidance: • DoD 6055.9-STD. Ammunition and Explosives Safety Standard. November 1995. • DoD Range Rule. Proposed rule published September 26, 1997. • Unexploded Ordnance: BRAC Environmental Fact Sheet. Office of the Deputy Under 8 ------- Course Information Reference List Secretary of Defense (Environmental Security). Spring 1999 • UXO Forum 97: A Global Conference on Unexploded Ordnance, Conference Proceedings. May 28-30, 1997. • Letter from Timothy Fields, Jr. Acting Assistant Administrator, Environmental Protection Agency, Office of Solid Waste and Emergency Response to Sherri Goodman, Deputy Under Secretary of Defense (Environmental Security). April 22, 1999. • Unexploded Ordnance (UXO): An Overview. The Federal Advisory Committee for the Development of Innovative Technologies; comprised of representatives from the Western Governor’s Association, Department of Defense, Environmental Protection Agency, and Department of the Interior. October 1996. Web Resources: EPA, Office of Solid Waste, Military Munitions Final Rule. August 1999. • URL: http://www.epa.gov/epaoswerfhazwaste/military/mun-rule.htm DoD Scientific and Technical Information Program, part of the Defense Information Systems Agency. • URL: http://www.dtic.mil:80 U.S. Air Force Fact Sheet: U.S. EPA Munitions Rule. • URL: http://www.afcee.brooks.af.mil/pro_act1fact/Aug97.htm Oilier UXO Resources • 52 nd Ordnance Group Operations for reporting UXO encounter, (404) 362-3333 • Army’s Force Operation Center for reporting UXO encounter, (404) 464-5222. Module 10: Lead-Based Paint ( LBP ) Statutory References: • 102 Public Law 550; Residential Lead-Based Paint Hazard Reduction Act of 1992; referred to as Title X. October 28, 1992 • Toxic Substances Control Act (TSCA) Section 403 Regulatory References: • 40 CFR Part 645, Subpart L, Work Practice Standards for Conducting LBP Activities. • 57 FR 26627, May 4, 1993; as amended at 58 FR 34218, June 24,1993 and 61 FR 5507, February 13, 1996. 1926.62 - Lead. Occupational Safety and Health Administration standards. 9 ------- Course Information Reference List Policy & Guidance • Administrative Reforms for Lead Risk Assessment. EPA 540-F-97-0 15; OSWER 9200.4-20. April 17, 1996. • Lead Regulator Policy for Cleanup Activities at Federal Facilities on the National Priorities List. November 1997. • Revised Interim Soil Lead Guidance for CERCLA Sites and RCRA Corrective Action Facilities. EPA Office of Solid Waste and Emergency Response. August 1994. • Guidelines for the Evaluation and Control of Lead-Based Paint Hazards in Housing. U.S. Department of Housing and Urban Development (HUD). June 1995. • Guidance on Residential Lead-Based Paint, Lead-Contaminated Dust, and Lead- Contaminated Soil. EPA Office of Prevention, Pesticides, and Toxic Substances. July 1994. • Identifying Lead-Based Paint Hazards in your Home. EPA Office of Prevention, Pesticides, and Toxic Substances. November 1996. • Interim Policy on Assessing Exposure to Lead in Residential Areas, Including Lead- Based Paint Releases in Soils at Federal Facilities Under CERCLA Section 120(h). EPA Office of Solid Waste and Emergency Response. December 1997. • Lead-Based Paint Fact Sheet. Air Force Center for Environmental Excellence. May 1996. • Clarification to the 1994 Revised Interim Soil Lead Guidance for CERCLA Sites and RCRA Corrective Action Facilities. EPA 540-F-998-030; OSWER 9200.4-27P. August 1998. Web Resources: HUD’s reference library for lead-based paint. September 1999. • URL: http://www.hud.gov/lea/leadwnlo.html EPA Office of Pollution Prevention and Toxics. September 1999. • URL: http://www.epa.gov/opptintr/lead EPA National Lead Information Center. September 1999. • URL: http://www.epa.gov/lead/nlic.htm EPA Technical Workgroup for Lead. • URL: http://www.epa.gov/superfund/programs/lead/index.htm Other LBP Resources • National Lead Information Clearinghouse. (800) 424-5323 or (800) 532-3394 10 ------- ACRONYMS AND ABBREVIATIONS RELATED TO FEDERAL FACILITIES REMEDIATION U AA Assistant Administrator AEC Army Environmental Center AFB Air Force Base AM Action Memorandum AOC Administrative Order on Consent APA Administrative Procedures Act AR Administrative Record ARAR Applicable or Relevant and Appropriate Requirements ARCS Alternative Remedial Contracting Strategy Contracts ATSDR Agency for Toxic Substances and Disease Registry ATTIC Alternative Treatment Technology Information Center BAT Best Available Technology BCA Base Closure Account BCP BRAG Cleanup Plan BCT Best Control Technology BCT BRAC Cleanup Team BDAT Best Demonstrated Available Technology BEC BRAC Environmental Coordinator BLM Bureau of Land Management BPJ Best Professional Judgment BRAC Base Realignment and Closure BTC Base Transition Coordinator BTAG Biological Technical Assistance Group 1 ------- Continued BUREC Bureau of Reclamation B CA Cooperative Agreement CAA Clean Air Act CAG Community Advisory Group CD Consent Decree CDR Covenant Deferral Request CEC CERCLA Education Center CED CERCLA Enforcement Division CERCLA Comprehensive Environmental Response, Compensation, and Liability Act CERCLI S Comprehensive Environmental Response, Compensation, and Liability Information System CERFA Community Environmental Response Facilitation Act CFR Code of Federal Regulations Cl Civil Investigator CIC Community Involvement Coordinator CIP Community Involvement Plan CIS Contract Information System CMI Corrective Measure Implementation CMS Corrective Measures Study CO Contracting Officer COG Contaminants of Concern COl Conflict of Interest COR Close-out Report CRERNS Continuous Release Emergency Response Notification System 2 ------- Continued CRP Community Relations Plan CSA Container Storage Area CIT Closed, Transferring, and Transferred CWA Clean Water Act D&F Determination and Finding DCAA Defense Contract Audit Agency DCMAO Defense Contract Management Area Office DCMC Defense Contract Management Command DDESB Department of Defense Environmental Safety Board DDT Dichlorodiphenyltrichloroethane DERA Defense Environmental Restoration Account DERP Defense Environmental Restoration Program DNAPL Dense Non-Aqueous Phase Liquids DO Delivery Orders DOD U.S. Department of Defense DOE U.S. Department of Energy DOl U.S. Department of the Interior DOJ U.S. Department of Justice DOT U.S. Department of Transportation DPO Deputy Project Officer DQA Data Quality Assessment DQO Data Quality Objective DSMOA Defense State Memorandum of Agreement 3 ------- EBS Environmental Baseline Survey EDC Environmental Development Conveyance EE/CA Engineering Evaluation/Cost Analysis EHS Extremely Hazardous Substances EIA Environmental Impact Analysis EIS Environmental Impact Statement EQ Executive Order EOD Explosive Ordnance Disposal EPA U.S. Environmental Protection Agency EPCRA Emergency Planning and Community Right-to-Know Act ERCS Emergency Response Clean-Up Services ERD Emergency Response Division ERNS Emergency Response Notification System ERP Emergency Response Plan ERP Environmental Restoration Program ERRS Emergency and Rapid Response Services ERT Emergency Response Team ESD Environmental Services Division ESD Explanation of Significant Differences ESS Enforcement Support Services FAA Federal Aviation Administration FAR Federal Acquisition Regulation FCOR Final Close-out Report FFA Federal Facility Agreement FFCA Federal Facility Compliance Act of 1992 FFEO Federal Facilities Enforcement Office 4 ------- Continued FFRRO Fl FRA FOIA FOSET FOSL FOST FPASA FPN FR FRC FS FSP FUDS FY G&A GAO GC GFO GIS GNL GSA HASP HRS HSWA HUD Federal Facilities Restoration and Reuse Office Federal Insecticide, Fungicide, and Rodenticide Act Freedom of Information Act Finding of Suitability for Early Transfer Finding of Suitability to Lease Finding of Suitability to Transfer Federal Property and Administrative Services Act of 1949 Federal Project Number Federal Register Federal Records Center Feasibility Study Field Sampling Plan Formerly Used Defense Sites Fiscal Year General and Administrative General Accounting Office Gas Chromatography Good Faith Offer Geographical Information Systems General Notice Letter General Services Administration Health and Safety Plan Hazard Ranking System Hazardous & Solid Waste Amendments U.S. Department of Housing and Urban Development U 5 ------- Inter-Agency Agreement Incident Commander Institutional Control Independent Government Cost Estimates Inventory Project Report Installation Restoration Interim Remedial Action Integrated Risk Information System Installation Restoration Program JIC Joint Information Center kg Kilogram Lead-Based Paint Land Disposal Restrictions Lead Federal Agency Light Non-Aqueous Phase Liquid Local Redevelopment Authorfty Long-Term Monitoring Long-Term Remedial Action Leaking Underground Storage Tank U lAG IC IC IGCE INPR IR IRA IRIS IRP LBP LDR LFA LNAPL LRA LTM LTRA LUST 6 ------- MCLG Maximum Contaminant Level Goals MMR Military Munitions Rule MNA Monitored Natural Attenuation MOA Memorandum of Agreement MOU Memorandum of Understanding MSDS Material Safety Data Sheets MSW Municipal Solid Waste N/A Not applicable NAAQS National Ambient Air Quality Standards NAPL Non-Aqueous Phase Liquids NAS Naval Air Station NCP National Contingency Plan NEPA National Environmental Policy Act NESHAP National Emission Standards for Hazardous Air Pollutants NFRAP No Further Response Action Planned NIOSH National Institute for Occupational Safety and Health NOAA National Oceanic and Atmospheric Administration NOFA No Further Action NOID Notice of Intent to Delete NPDES National Pollutant Discharge Elimination System NPL National Priorities List NRC National Response Center NRDA Natural Resource Damages Assessments NRS National Response System NRT National Response Team NSF National Strike Force 7 ------- Continued NSFCC National Strike Force Coordination Center NTCR Non-Time Critical Removal NTIS National Technical Information Service O&F Operational and Functional O&M Operation and Maintenance OE Ordnance and Explosives OECA Office of Enforcement and Compliance Assurance OERR Office of Emergency and Remedial Response 0MB Office of Management and Budget OPA Oil Pollution Act of 1990 ORC Office of Regional Counsel OSC On-Scene Coordinator OSHA Occupational Safety and Health Administration OSLTF Oil Spill Liability Trust Fund OSRE Office of Site Remediation and Enforcement OSW Office of Solid Waste OSWER Office of Solid Waste and Emergency Response OTA Office of Technology Assessment OU Operable Unit U PA Preliminary Assessment PCB Polychlorinated Biphenyl PCE Perch loroethylene PCOR Preliminary Close Out Reports 8 ------- Continued Pd Probability of Detonation PL Public Law P0 Project Officer POLREP Pollution Report ppb parts per billion ppm parts per million PRG Preliminary Remediation Goals PRP Potentially Responsible Party PRSC Post-Removal Site Control PUD Planned Unit Development QNQC Quality Assurance/Quality Control QAPP/QAPJP Quality Assurance Project Plan R3M Range Rule Risk Methodology RA Remedial Action RA-C Remedial Action Complete RA-O Remedial Action Operations RAB Restoration Advisory Board RAC Response Action Contract RAO Remedial Action Objectives RBC Risk Based Concentrations RC Regional Counsel RC Response Complete RCRA Resource Conservation and Recovery Act 9 ------- Continued RD/RA Remedial Design and Remedial Action RFI RCRA Facility Investigation RI/ES Remedial Investigation/Feasibility Study RIA Regulatory Impact Analysis RIP Remedy In Place ROC Remedial Oversight Contract ROD Record of Decision RODS Record of Decision System RP Responsible Party RPA Removal Preliminary Assessment RPM Remedial Project Manager RQ Reportable Quantity RSE Removal Site Evaluation RSI Removal Site Inspection SACM Superfund Accelerated Clean-Up Model SAFER Streamlined Approach for Environmental Restoration SAM Site Assessment Manager SAP Sampling and Analysis Plan SARA Superfund Amendments and Reauthorization Act SB Statement of Basis SC Site Close-out SCA State Cooperative Agreement SDWA Safe Drinking Water Act SE Site Evaluation SI Site Investigation SIP State Implementation Plan 10 ------- Continued SITE Superfund Innovative Technology Evaluation (Program) SMOA State Memorandum of Agreement SMOA Superfund Memorandum of Agreement SMP Site Management Plan SNL Special Notice Letter SPCC Spill Prevention, Countermeasure, and Control Plan SSAB Site-Specific Advisory Board START Superfund Technical Assessment and Response Team SVOC Semi-Volatile Organic and Pesticide Compounds SWMU Solid Waste Management Unit N T&D Treatment & Disposal TAG Technical Assistance Grant TAPP Technical Assistance Public Participation TAT Technical Assistance Team TBC To-Be-Considered TBD To-Be-Determined TCA Trichlorethane TCE Trichloroethylene TCLP Toxicity Characteristic Leaching Procedure TD Technical Direction TDR Transferable Development Rights TES Technical Enforcement Support/Services TI Technical Impracticability TlO Technology Innovation Office TRC Technical Review Committee 11 ------- Continued TRT Technical Review Team TSCA Toxic Substances Control Act TSD(F) Treatment, Storage, and Disposal (Facility) U UAO Unilateral Administrative Order UC Unified Command U.S. United States USACE U.S. Army Corps of Engineers USC U.S. Code USCG U.S. Coast Guard USDA U.S. Department of Agriculture USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey UST Underground Storage Tank UXO Unexploded Ordnance VE Value Engineering VISITI Vendor Information System for Innovation Treatment Technologies VOA Volatile Organic Analysis VOC Volatile Organic Compound WA Work Assignment U XRF X-Ray Fluorescence 12 ------- 1. Overview ------- Overview Module Module 1: Overview of the Environmental Restoration Process at Federal Facilities EPA 1-1 Notes: 1-1 ------- Overview Module Objectives of This Module • Describe the scope of contamination at Federal facilities • Discuss the statutory and regulatory framework established under CERCLA and RCRA for cleanups at Federal facilities • Discuss environmental restoration programs established by Federal agencies EPA 1-2 Notes: 1-2 ------- Overview Module Scope of Contamination at Federal Facilities •Thousands of Federal facilities are contaminated with hazardous waste, unexploded ordnance, radioactive waste, fuels, and other toxic contaminants • There are 159 Federal facilities on the National Priorities List •Cleanups present technical, regulatory, and financial challenges EPA Notes: 1-3 ------- Overview Module CERCLA Legislative and Regulatory Framework • Laws CERCLA (1980) SARA (1986) • Regulations National Oil and Hazardous Substances Pollution Contingency Plan (NCP) 40 CFR Parts 300-311 ,355,and 373 • Policy and Guidance EPA 1.4 Notes: 1-4 ------- Overview Module Key Provisions of CERCLA - •Authorizes the President to respond to releases of hazardous substances, pollutants, or contaminants into the environment •Allows three types of response actions: Removal Remedial Enforcement EPA 1-5 Notes: 1-5 ------- Overview Module CERCLA’s Relationship with Other Laws • Scope is far broader than that of other environmental statutes •ARARs under other laws apply to CERCLA cleanups ,EPA 1.6 Notes: 1-6 ------- Overview Module NCP • Outlines procedures and standards for conducting removal and remedial actions under CERCLA authority • Defines the roles and responsibilities of EPA, other federal agencies, States, private parties, and the community involved in the response process EPA 1-7 Notes: 1-7 ------- Overview Module Cleanup Process under CERCLA EPA Notes: 1-8 1-8 ------- Overview Module Application of CERCLA to Federal Facilities • E.O. 12580, as amended, delegates the Presidents authority to other Federal agencies for releases at facilities under their jurisdiction •Only EPA, Coast Guard, DoD, and DOE have emergency response authority •A Federal agency’s response authority must be exercised in accordance with Section 120 of CERCLA EPA 1-9 Notes: 1-9 ------- In ihe Following aeeiion(uiol 50 12580 The Presideni delegaieu in l’udeni Dnpursiannis and Agencies (with spe.iFiu Iimiiatinns) Certain Funecious and reapnnsibiliiieu ideaiiilied in CEILCLA seuiion(s) Where those (unuiuins end ruspnnslblliiinu at Federal ituilaics generally rceiaia In 42(b) EPA (is einianilaiinn with ike Naiinnsl Rmpnnar Team) § 1 04(e)(71(.) § 121( 1) Piiimalgaia.n ni rcguluiimit and guidelines (ineindin k yi.ar res tews). and assuring inhsinniiai and meaniaglal State mauloemeni (in initiaimn deselopinali and ueleciinn ni rraiedial a nions to he andennken in ike Stair a 4 2(d) DoD. DoE (uabje.i to proi.edsrei de5.OWdmCERCLA §120) 410d(a) 4104fl 4121 0 104( .oa) Taking (SPI.Asi.n.NPL) response ailums seire ling (SPLAson-SPL) ru-medial xiiinss nnda.iin (isPi_fli.4SPL) S year icoicas 42(e) Federal Drp.anmeneslAgrneies (For - remedial aciiom son-emergnri.yremoval anions) 4lOdia) 4i0d hi 412 I §iii.ii. i(i) Taking (NPLJnno-NPL I resi’ .nsc u ,tiiOis. ueloeiing (n .m-NFL ) remedial aeiums .,md.uiaig (nns-NPLi Sue., inviow- §2(I) Coast Guard (in Cimsial tunes Gresi Likes Puns and Harbors) § 104 1ai §lOdlisi 0121 41041 . 1(4) Tukaig (SlPLAson.SiPLi rrs5u.sueauii.ais aek-uiing (NPLAson-NPL) reni.diaI nniisos euisdlu.iiug iPiPLAs.ss-NPL) 5 year reviews §2(gl (h) EPA Isabjeni 10 ike abuse) 0 104iii 4103(r-l 4121 ) 104(uy4) Sele usm ; NPI. ieiiueisiai atiom eeadaeimg S yea ievie.u iii ii.ikiai iatiliiies other ihun D uD DoE. Coast (ra nd SiPL sites) Overview Module E.O. 12580 Delegations rr :- ,svrr—e— —e - — S EPA 1-10 Notes: 1-10 ------- E.O. 12580 Delegations In the following section(s) of E.O. 12580. . The Presidcnt delegates to Federal Departments and Agencies (with specific limitations) ... Certain functions and responsibilities identified in CERCLA section(s) .. Whcre those functions and responsibilities at federal facilities generally pertain to §2(b) EPA (in consultation with the National Response Team) § I 04(c)(7)(c) § 121(f) Promulgation of regulations and guidelines (including 5 year reviews), and assuring substantial and meaningful Stale involvement (in initiation, dcvclopmcnt, and selection of remedial actions to be undertaken in the State.) §2(d) DoD, DoE (subject to procedures described in C ERCLA § 120) § 104(a) § 104(b) § 121 § 104(c)(4) Taking (NPLInon-NPL) response actions, selecting (NPL/non-NPL) reined ial act inns. conducting (NPLInon-NPL) 5 year reviews §2(c) Federal Departments/Agencies (for. - remedial actions - non-emergency removal actions) §l04(a) §104(b) §121 §104(c)(4) Taking (NPLFnun-NPL) response actions, selecting (non-NPL) remedial actions, conducting (non-NPL) 5 year reviews. §2( l) Coast Guard (in Coastal Zones, Great Lakes, Ports and Harbors) § 104(a) § 104(b) § 121 §l04(c)(4) Taking (NPL/non-NPL) response act ions, selecting (NPL/non-NPL) remedial act ions. conducting (NPUnon-NPL) 5 year reviews §2(g),(h) EPA (subject to the above) §104(a) §104(b) § 121 §l04(c)(4) Selecting NPL remedial actions, conducting 5 year reviews (at federal facilities other than DoD. DoE, Coast Guard NPL sites) EPA 1-10 ------- Overview Module Section 120 of CERCLA is Devoted to Federal Facilities • §120(a) addresses general applicability of CERCLA to the Federal government • 120(b) - (h) establish special requirements and timetables for Federal facilities EPA 1-11 Notes: 1-11 ------- Overview Module Section 120(a) - Applicability of CERCLA to Federal Facilities • Federal agencies must comply with substantive and procedural requirements to the same extent as private entities, including §107 liability • State laws concerning removal and remedial actions, including enforcement, apply to responses at non-NPL sites EPA 1.12 Notes: 1-12 ------- Overview Module Sections 120(b)-(d) of CERCLA • 12O(b) requires a notice of contamination that affects adjacent property • 12O(c) requires establishment of a Federal Agency Hazardous Waste Compliance Docket • §120(d) requires the assessment and evaluation of Federal facilities on the Docket EPA 1 13 Notes: 1-13 ------- Overview Module Section 120(e) of CERCLA Specifies Required Steps for Remedial Action at Facilities on the NPL •Timetables for Rl/FS and commencement of remedial action and entering into an Interagency Agreement (lAG) • Completion of remedial action •Annual reports to Congress • Settlements with other PRPs • Contents of the lAG Selection of the remedial action ‘Schedules, O&M, and public participation EPA 1•14 Notes: 1-14 ------- Overview Module Sections 120(f)-(h) of CERCLA • 12O(f) addresses State and local participation in the planning and selection of a remedial action • §120(g) prevents the transfer of authorities vested in EPA by §120 to other U.S. officials • §120(h) provides specific requirements for property transferred by Federal agencies (CERFA requirements) EPA 1.15 Notes: 1-15 ------- Overview Module Other CERCLA Provisions Specific to Federal Facilities • §111(e) generally disallows use of Trust Fund at Federal facilities • 1O7 and E.O. 12580 designate Federal Trustees and provide authority for the assessment and restoration of Natural Resource Damages • 1O6 and E.O. 12580,as amended, provide Order authority for Natural Resource Damages EPA 1.16 Notes: 1-16 ------- Overview Module EPA Enforcement of CERCLA at Federal Facilities • Enforcement authorities under § 1 04 and 106 Information collection and access Administrative orders for abatement —Require concurrence of the Attorney General • 120 lAGs at NPL sites May include stipulated penalties EPA 1-17 Notes: 1-17 ------- Overview Module Other Enforcement under CERCLA at Federal Facilities • 31O of CERCLA “Allows States and tribal governments to take civil action to enforce lAGs Allows citizens to file a civil action against Federal agencies alleged to be in violation of any CERCLA standard, order, or lAG ‘Allows citizens to file civil action against the President or other officer of the U.S. for alleged failure or perform any non- discretionary act or duty EPA 1-18 Notes: 1-18 ------- Overview Module Oversight of Federal Facility Cleanups Under CERCLA • EPA’s role • State’s role “Legal regulator” policy • Native American Tribes EPA 1.19 Notes: 1-19 ------- Overview Module Community Relations and Public Participation Under CERCLA • i 17 of CERCLA and the NCP establish requirements for public participation •Community activities include: Community Relations Plan (CRP) Information Repository/Administrative Record (AR) ‘Proposed Plan Public comment period and response to comments Fact Sheets EPA 1-20 Notes: 1-20 ------- Overview Module Community Relations Under CERCLA (continued) • Other requirements for public participation include: “Additions and deletions from the NPL •Additional public participation activities: ‘Technical Assistance Grants (TAG) Technical Outreach Services to Communities (TOSC) Community Advisory Groups (CAG) EPA 1-21 Notes: 1-21 ------- Overview Module RCRA Legislative and Regulatory Framework • Laws ‘SWDA (1965), RCRA (1976), HSWA (1984), and FFCA (1992) • Regulations Solid Waste (40 CFR Parts 240 - 258) Hazardous Waste (40 CFR Parts 260 - 279) Underground Storage Tanks (40 CFR Parts 280 -282) • Policy and Guidance EPA 1-22 Notes: 1-22 ------- Overview Module Key Provisions of RCRA • Establishes requirements to protect human health and the environment from hazards posed by waste disposal • Establishes three major regulatory programs: Hazardous Waste Identification and Management (Subtitle C) Solid Waste Management (Subtitle D) Underground Storage Tanks (Subtitle I) • Mandates pollution prevention and resource conservation EPA 1-23 Notes: 1-23 ------- Overview Module Key Provisions of RCRA Subtitle C • Establishes “cradle-to-grave” management system for hazardous waste • Includes regulations for Identification of hazardous waste Management of hazardous waste by handlers — Generators —Transporters —Treatment, Storage, and Disposal Facilities (TS D Fs) EPA 1-24 Notes: 1-24 ------- Overview Module Key Provisions of RCRA Subtitle C (continued) -— • Establishes permitting requirements for TSDFs •Authorizes States to administer RCRA requirements • Provides corrective action, inspection and enforcement authorities EPA 1-25 Notes: 1-25 ------- Overview Module Cleanup Authorities Under RCRA Subtitle C •Cleanups may be required under: Closure and post-closure regulations for TSDFs Pre-HSWA corrective action regulations for “regulated units” at TSDFs HSWA Corrective Action Provisions “Other enforcement authorities EPA 1 26 Notes: 1-26 ------- Overview Module HSWA Corrective Action Authorities • §3004(u) states that a RCRA permit issued to a TSDF after November 8, 1984 require corrective action for releases of hazardous waste or hazardous constituents from SWMUs • §3004(v) provides for corrective action to be taken beyond the facility’s boundary • §3008(h) authorizes corrective action orders for any release of hazardous waste into the environment at interim status TSDFs EPA 1•27 Notes: 1-27 ------- Overview Module Corrective Action Process Under RCRA EPA Notes: I .28 1-28 ------- Overview Module Application of RCRA to Federal Facilities • 102 of FFCA and §6001 of RCRA state that Federal facilities must comply with RCRA requirements • The FFCA also clarified that Federal facilities are subject to EPA, State, and local enforcement EPA provided administrative enforcement authority over Federal facilities and ability to assess civil penalties EPA Notes: 1-29 ------- Overview Module EPA Enforcement Authorities for Cleanups Under Subtitle C • 3OO8(a) Compliance Orders • 3OO8(h) Interim Status Corrective Action Orders • 3O13 Requirements for Investigations and Studies • 7OO3 Imminent and Substantial Endangerment Authority EPA 1-30 Notes: 1-30 ------- Overview Module Other Enforcement Under RCRA at Federal Facilities •Authorized States may bring administrative and civil actions for violations or to compel corrective action • §7002 of RCRA allows citizens to file civil actions (citizen suits) for violations of RCRA requirements or imminent and substantial endangerment resulting from waste management EPA 1-31 Notes: 1-31 ------- Overview Module Oversight of Federal Facility Cleanups Under RCRA Corrective Action _____________________ • EPA’s role •States’ role EPA 132 Notes: 1-32 ------- Overview Module Public Participation Under RCRA • §7004(b) of RCRA and the permitting regulations in 40 CFR Parts 124 and 270 establish requirements for public participation • Participation occurs during: The permitting process Permit modifications Closure and post-closure Corrective action ,EPA ‘.33 Notes: 1-33 ------- Overview Module Public Participation During the RCRA Permitting Process - Required Activities___________________________ -— — • Pre-application stage Meetings and developing a mailing list • Application stage Issuance of public notice and making application available for review •Draftpermitstage 7’- t ?I —’_ Fact sheet or statement of basis, public comment period and hearing • Permit decision 1 Ob Notice of Decision and response to comments EPA 1-34 Notes: 1-34 ------- Overview Module Public Participation During RCRA Corrective Action - - r r • Corrective action provisions in any permit application or modification are available for public review throughout the permitting process • For corrective action imposed using a non-permit mechanism, EPA policy is to have the same level of public participation as that with permits EPA 1.35 Notes: 1-35 ------- Overview Module RCRAICERCLA Integration at Federal Facilities • Facilities often have CERCLA and RCRA liabilities A Federal agency performs a CERCLA remedial action to address the release of hazardous substances at an operable unit However, the facility also has interim status under RCRA, and the authorized State program requires the agency to perform corrective action for releases from SWMUs that are not covered by the CERCLA action EPA Notes: 1-36 ------- Overview Module RCRAICERCLA Integration at Federal Facilities (continued) •iL t_ •t i:_’ •Cleanups performed under RCRA and CERCLA authorities should be coordinated at a facility •Coordination should achieve parity and minimize the number of regulators and authorities •CERCLA and RCRA requirements may be integrated under the IAG/FFA RCRA or CERCLA Orders RCRA permit EPA 1-37 Notes: 1-37 ------- Overview Module Federal Agency Environmental Restoration Programs • DoD’s Defense Environmental Restoration Program (DERP) • DOE’s Environmental Restoration Program EPA Notes: 1-38 ------- Overview Module DERP r - • Established under §211 of SARA •Goals Provides for the identification, investigation, and cleanup of hazardous waste sites at DoD facilities Correction of other environmental damage, such as unexploded ordnance Demolition and removal of unsafe buildings, including those buildings at Formerly Used Defense Sites (FUDS) EPA 1-39 Notes: 1-39 ------- Overview Module DERP (continued) • Includes the following programs: Installation Restoration Program (lAP) Base Realignment and Closure Environmental) — $4,J I” Restoration Program (BRAC ERP) “FUDS •The Office of the Secretary of Defense (OSD) formulates policy and provides oversight js — •The Components execute the program at installations under their jurisdiction “The FUDS program is executed by the USACE EPA 1.40 Notes: 1-40 ------- Overview Module Cleanup Process Under DERP sites lfl Progress Site Inve ligation • V Removal and/ot • Intenm • Remedial Action (IRA) I Cleanup Site Closeout Process Remedy Remedial Action ii I Constiuctuon W01 (RA.C) Remedy in h I Remedial Action h Place r+I Operation I I (RIP) J] I (RAO) Site Identification EPA * LEGEND Normal Procsu Flow ) Potential Requiremenl(e) y _____ _____ : Site Long .Term Respon Th Closeout H Monitoring H Complete II Notes: 1-41 ------- Overview Module DOE’s Environmental Restoration Program •Overall program management by the Office of Environmental Restoration under the Office of Environmental Management • Field activities managed through 10 Operations/Field Offices • Involved in the assessment and cleanup of 132 sites EPA 1-42 Notes: 1-42 ------- 2. Site Close0u1 Process ------- Site Close-out Process Module 2: Site Close-out Process EPA 2 1 Notes: + L’eLs*c , / -F. v & - “ - — OL t4 2-1 ------- Site Close-Out Process Objectives of This Module • Describe the phases, procedures, and documentation associated with CERCLA and RCRA site close-out processes • Define terminology and discuss differences among statutory authorities and Federal agencies • Define roles and responsibilities of stakeholders and the function of public involvement during site close-out EPA 2-2 Notes: 2-2 ------- Site Close-out Process Definition of Site •The terms “site” and “facility” have different connotations • Federal facilities may subdivide specific geographic units at a facility into operable units consistent with the EPA definition or into “sites” • Ensure mutual understanding when addressing installation, sites, facilities, units, or operable units EPA 2-3 Notes: 2-3 ------- Site Close-Out Process CERCLA Remedial Design •The Federal facility is the designated lead agency for the action and conducts the Remedial Design (RD) •The EPA Remedial Project Manager (RPM) oversees the RD at NPL sites through a Federal Facility Agreement (FFA) and provides assistance throughout the process EPA 2-4 Notes: 2-4 ------- Site Close-out Process CERCLA Remedial Design (continued) — • FFA defines the process • Fprmal ne otiations needed where RD/RA is not a ressed in FFA • Primarily negotiate “work to be performed” • RPM role is support and oversight of Federal facility RD/RA EPA 2•5 Notes: 2-5 ------- Site Close-Out Process CERCLA Remedial Design (continued) •CERCLA Section 120 requires remedial action to begin within 15 months of signing ROD • Important RD considerations at Federal facilities include funding, access, and scheduling EPA 2-6 Notes: 2-6 ------- Site Close-out Process - ( c c _u1 • “ i L-RA- ‘I’ c, f)Lfr t j A - IL I ._ 1i Ls eJ CERCLA Remedial Site Close-out Process (DoD Terminology) ll LEGEND W Normal Piacess Flow OUISlte-L evel Polential Reqiiirernere(a) Response — AclwitieolProcesaes 0 SO . s i Penal Deletion (NPL. Sites) ________ ( Pco( ________ ________ ________ ________ I Remedial Action Remedy Remedial Action b I Response I Long feim b I Indiwdual Site I Construction in Place Operation ( ) (RIP) (RA-O) ri_Comp ( ) M0n1t0nfl9(LTM)F0 I_Closeout (SC) I 1 ’ ____ I __ L I Last Remedy I I FuN Deletion b I — I in Pace If I -_(NFL Sites) ( ) II Facility! I -. •J _$ Final Fsv -Ye r Ii Instailation-Level — no Fi Ye Theviews (NPL d N Sit 5 Revew ( Response ( If Applicable) _______________ Facililyllnstallation h - Com i e — HCompeNOn(lC fi EPA 2-7 Notes: et\lf,k ( I OLL. 1 ( ’ I li.— L Pct1 / EP / / P4 2-7 ------- CERCLA Remedial Site Close-out Process (DoD Terminology) OU/SIte-Level Response p 4 O EPA LEGEND —* Normal Process Flow - Potential Requirement(s) Ongoing Activities/Processes Final Five-Year Review Periodic Five-Year Reviews (NPL and non-NPL Sites)* — — — — — I Facility/Installation 11 Community Involvement I Completion (IC ) S Major System Modification or Replacement .• S S S S S USS SSSS S SSSUSS % S OU/Site Partial Deletion (NPL Sites) I 1 V — ___ I I Facility! Installation-Level Response I — Individual Site Closeout (SC) I S I SSSSSS Full Deletion (NPL Sites) 2-7 ------- Site Close-Out Process Remedial Action Construction • RA-C phase occurs while the final remedy for a site (i.e., portion of a facility) or group of sites under an operable unit, is being put in place •The RA-C phase coincides with the beginning of the Remedial Action (RA) phase identified in the NCP and EPA policies EPA 2-8 Notes: 2-8 ------- Site Close-out Process Documentation of Remedy in Place • Remedy In Place (RIP) milestone signifies completion of RA-C and that the remedy has been implemented and is functioning as designed • RIP milestone is equivalent to EPA’s construction completion determination EPA 2-9 Notes: 2-9 ------- Site Close-Out Process Documentation of Remedy in Place (continued) — : - • RA Report documents RIP/construction completion • Draft Preliminary Close Out Report (PCOR) must be prepared • Revised PCOR must be signed by EPA regional official EPA 2.10 Notes: 2-10 ------- Site Close-out Process Remedial Action Operation • RA-O phase occurs while a remedy is being operated to achieve the cleanup objective, but cleanup goals have not yet been reached • DoD terminology does not directly correlate with EPA terminology •CERCLA 120(h)(3) determination of “operating properly and successfully” may occur during RA-O phase • During RA-O phase the need to update remedy decision may be identified EPA 2•11 Notes: 2-11 ------- Site Close-Out Process Documentation of Response Complete - -- - • Response Complete (RC) signifies that cleanup goals have been met • Inspections ensure remedy implementation • The RC phase generally corresponds with completion of the Final RA report or the Final Close Out Report (COR) EPA 2.12 Notes: 2-12 ------- Site Close-out Process Documentation of Response Complete -- Final Close-Out Report - - • Final Close-out Report (FCOR) documents NPL site completion • FCOR does not signify that the terms of cooperative agreements, FFAs, or administrative orders have been satisfied • Federal facilities must prepare a draft FCOR and provide it to the state and EPA for review and action • Revised FCOR must be signed by EPA Regional Administrator and included in the administrative record EPA 2-13 Notes: 2-13 ------- Site Close-Out Process Long-Term Monitoring • Long-Term Monitoring (LTM) may be necessary to determine the effectiveness of the remedy • LTM corresponds with with EPA operation and maintenance (O&M) phase EPA 2-14 Notes: 2-14 ------- Site Close-out Process Five-Year Reviews • Section 121(c) of CERCLA requires five-year reviews • Five-year review evaluates the protectiveness of the remedy EPA 2-15 Notes: 2-15 ------- Site Close-Out Process National Priorities List Deletion • NPL site deletion process generally may begin once the RC milestone has been met, indicating site completion • NCP (40 CFR 300.425(e)) establishes criteria for site deletion • Site deletion documentation: Documentation is complete Activities conducted and documentated are verified State and public have been notified EPA 2.16 Notes: 2-16 ------- Site Close-out Process National Priorities List Deletion - Deletion Process • Federal facility notifies EPA of desire to seek deletion • EPA RPM is responsible for undertaking deletion process Obtain letter of state concurrence Prepare deletion docket Prepare and publish Notice Of Intent to Delete (NOID) Hold public comment period and prepare responsiveness summary Prepare and publish notice of deletion EPA 2 . 17 Notes: 2-17 ------- Site Close-Out Process National Priorities List Deletion - Partial Deletion •To document progress and encourage economic development, EPA may allow partial deletions of defined units on an NPL site • Partial deletions may be initiated by petition • Partial deletions require stricter mapping and tracking requirements to identify units requiring no further action • Partial deletions must receive concurrence from the state EPA 2-18 Notes: 2-18 ------- Site Close-out Process Close-out of Removal Sites • Federal facilities may undertake removal actions, remedial actions, or both as part of the CERCLA response process • Less formal close-out reports may be acceptable in some cases while formal close-out of removal actions may be required by FFAs or lAGs • In some cases a ROD may be required to close out a removal action site EPA 2-19 Notes: 2-19 ------- Site Close-Out Process Site Close-out • Site close-out represents termination of active management by the Federal facility • For NPL sites, the FFA will be closed out EPA 2-20 Notes: 2-20 ------- Site Close-out Process CERCLA/RCRA Integration - Deferrals • RCRA traditionally applies to active waste management facilities while CERCLA addresses inactive and abandoned sites • NCP allows discretion in use or RCRA and CERCLA • Changes to RCRA enable inactive solid waste management units to be addressed through a corrective action program EPA 2.21 Notes: 2-21 ------- Site Close-Out Process CERCLAIRCRA Integration - Deferrals (continued) • Cleanup activities for all or part of a site may be deferred from one program to another • Sites may be deleted from the NPL based on deferral to RCRA • Several vehicles exist to facilitate coordination of cleanup authorities at Federal facilities EPA 2-22 Notes: /, r- j - F ) [ ( - ‘ c1t t2 - ( i 2-22 ------- Site Close-out Process RCRA Site Closeout Process (DoD Terminology) LEGEND D Normal Pmc.ss Flow p UnltlSite .Level Potential Requirement(s) Response v — .... Ongoing AomsFP,nce.se Remedial A iiik Remedy h I Remedial Action dual Site H (PA-C) ( RIP) (RA-O) plete CRC) H..,IMonulonng (LTM) Construction in Place operation Response Long Term Indivi lRem e dy — Facility! fl Installation-Level J IP) j Response Community Involvement . . . . . Facility/Installation h Com letion(lC)q EPA 2.23 Notes: S r ve te . 2-23 ------- RCRA Site Closeout Process (DoD Terminology) Unit/Site-Level Response S I • S LEGEND -* Normal Process Flow • • • . . Potential Requirement(s) + Ongoing Activities/Processes Response Community Involvement — — — — — — — — — — — — — — — I Facility/Installation I I Completion (IC) M -J j 2-23 p EPA V • Facility/ Installation-Level I — — — — — — -ø Periodic Effectiveness Reviews ------- Site Close-Out Process Notes: PJO’ J V 6 _ #2 ‘ . uy Ott + P J -) t - --f . oj t4 X ) 42 RCRA Authorities • HSWA Corrective Action: Sections 3004(u), 3004(v), and 3008(h) ‘40 CFR 264.101 • Regulatory provisions for closure and pre-HSWA corrective action: 4O CFR Parts 264/265 Subpart G 40 CFR 264.100 EPA 2-24 2-24 ------- Site Close-out Process RCRA Authorities (continued) —t • Other Enforcement Authorities Sections 3013 and 7003 • Corrective action and closure requirements may be implemented through various mechanisms EPA 2-25 Notes: 2-25 ------- Site Close-Out Process RCRA Site Close-out • RCRA site close-out can follow two paths ‘Close-out of units under RCRA closure provisions Close-out of Solid Waste Management Units (SWMUs) under RCRA corrective action • States will play a significant role in RCRA site close-out EPA 2-26 Notes: 2-26 ------- Site Close-out Process Close-out of Units Under RCRA Closure - Overview •Close-out of units under RCRA closure requires a closure (and post-closure) plan •Closure and post-closure plans are prepared in accordance with Subpart G of 40 CFR 264/265 EPA 2-27 Notes: 2-27 ------- Site Close-Out Process Close-out of Units Under RCRA Closure - Overview (continued) • Units closed with waste in place (e.g., landfills) must comply with survey plat and post-closure care requirements Long-term maintenance and monitoring • Independent certification is required upon completion of closure (and post-closure) EPA 2•28 Notes: 2-28 ------- Site Close-out Process Close-out of Units Under RCRA Closure - Process •Approved closure plan serves as the implementing vehicle for close-out of units • Implementation of closure plan is consistent with RD phase • Closure certification corresponds to RA-C/RIP phase (or beginning of the RA phase of the NCP) - the final remedy for a site is in place • Termination of post-closure care signifies site close-out EPA 2-29 Notes: 2-29 ------- Site Close-Out Process Close-out of SWMUs Under RCRA Corrective Action - Overview —- • Close-out of corrective actions at SWMUs are generally broader, addressing all SWMUs with releases at a facility • RCRA corrective action at SWMUs is implemented through the RCRA permitting process or § 3008(h) orders EPA 2.30 Notes: 2-30 ------- Site Close-out Process Close-out of SWMUs Under RCRA Corrective Action - Process •A modified permit or section 3008(h) order serves as implementing vehicle • Corrective measures implementation (CMI) is consistent with RA-C phase (or beginning of the RA phase of the NCP) • EPA or State must conduct pre-final/final inspections of construction of corrective measures and certify remedy completion continued. EPA 2-31 Notes: 2-31 ------- Site Close-Out Process Close-out of SWMUs Under RCRA Corrective Action - Process (continued) • Corrective action process will terminate • Federal facility will submit a request to delete SWMU from permit or amend order • EPA or State will prepare permit modification and address public notification requirements EPA 2-32 Notes: 2-32 ------- Site Close-out Process Close-out of SWMUs Under RCRA Corrective Action - Process (continued) • RCRA permit will be terminated (for SWMU) and documentation completed • If corrective action was undertaken at a regulated unit subject to RCRA closure requirements, the closure requirements for the unit also must be met EPA 2-33 Notes: 2-33 ------- COMPARISON OF DoD, RCRA, and CERCLA PHASES, MILESTONES, AND TERMINOLOGY DoD JRP Phases/Milestones EPA RCRA Phases/Milestones EPA CERCLA Phases/Milestones Closure and Post-Closure Permits (Waste in Place) Corrective Action Source: Department of Defense Reporting Conventions (Restoration Management Information System; Management Guidance for DERP) Source: 40 CFR Chapter I, parts 260, 261, 262, 263,264, 265 and 270 Applies to Regulated Units Source: RCRIS Data Element Dictionary, January 1995 Applies to Solid Waste Management Units (Could Include Regulated Units) Source: National Oil and Hazardous Substances Pollution Contingency Plan (NCP); EPA Reporting Guidance Record of Decision Closure Plan Approved and Post Closure Permit Issuance Statement of Basis Record of Decision Remedial Design (RD) Closure Plan Implementation and Groundwater Cleanup Remedial Design (RD) Remedial Action Construction (RA-C) Corrective Measures Implementation Plan Remedial Action Start Through Completion Remedy in Place (RIP) Closure Certification Certification of Remedy Completion or Construction Complete Remedial Action Completion Last Remedy in Place (LRIP) NPL Site Construction Completion/Preliminary Close Out Report (All OUs/entire installation) Remedial Action Operation (RA-O) Remedial Action (RA) or Operation & Maintenance (O&M) (Depending on Remedy) Response Complete (RC) Final RA Report (Individual Sitcs/OUs) or NPL Site Completion/Final Closeout Report (All OUs/Entirc Installation) NPL Deletion Long Term Monitoring Post Closure Permit Operation and Maintenance Terminate or Reissue 10 Year Post-Closure Permit Five Year Review as Needed Site Closeout Post-Closure Permit Expiration Corrective Action Terminated ------- 3. Post-ROD Changes ------- Post-ROD Changes Module 3: Post-ROD Changes EPA Notes: 4 Q 14 4-rL d i ( L-L IL C- . L (l t 00 1 3-1 ------- Post-ROD Changes Objectives of this Module - - . • Discuss examples of changes that occur at Federal facilities after the Record of Decision (ROD) • Define different types of changes to the ROD and how to address those changes • Discuss how to address changes under other decision documents EPA 3-2 Notes: 3-2 ------- Post-ROD Changes Addressing Post-ROD Changes •There are three types of post-ROD changes: Minor or non-significant Significant Fundamental • Different requirements and procedures apply to the type of change EPA Notes: 3-3 ------- Post-ROD Changes Post-ROD Changes at Federal Facilities on the NPL - --— - — — . • Number of ROD amendments • Number of Explanation of Significant Differences (ESD) 8 EPA 3-4 Notes: 3-4 ------- Post-ROD Changes Factors for Evaluating Significance _. v_——- •Scope ‘ ‘- i p • Performance •Cost .fr50/Q EPA Notes: 3-5 ------- Post-ROD Changes Reasons for Change • New information becomes available • Federal Facility Agreement (FFA) provides for a change •Changes in remedial design • Cost factor • Insufficient institutional controls (IC) EPA 3 6 Notes: 3-6 ------- Post-ROD Changes Standards for Formal Consideration of Information — c •The comments contain significant information; •The information is not contained elsewhere in the administrative record file; •The information could not have been submitted during the public comment period; and •The information substantially supports the need to significantly alter the response action EPA Notes: 3-7 ------- Post-ROD Changes Process to Address Post-ROD Information EPA Notes: 3-8 3-8 ------- Post-ROD Changes Minor or Non-Significant Post-ROD Changes • Typically involve engineering modifications • Changes that fall within the normal scope of the Remedial Design and Remedial Action (RD/RA) • Examples: Small increase in volume Disposal location Minor design changes to a cover Changing sizes or specifications to a pump EPA Notes: 3-9 ------- Post-ROD Changes Addressing Non-Significant Post-ROD Changes • Document in post-decision document file • May involve the creation of a Remedial Design Fact Sheet EPA 3-10 Notes: • v”e c rJ 3-10 ------- Post-ROD Changes Significant Post-ROD Changes • Involves incremental changes in the remedial approach 7’ ‘ “— , i -dJ —• - • Does not alter the overall remedial approach • Examples: Large increase in volume/cost increase Disposal location New Applicable or Relevant and Appropriate Requirements (ARAR) promulgated Land use remedy T —v. iJk EPA k 3- Il Notes: 3-11 ------- Post-ROD Changes Addressing Significant Post-ROD Changes • Document in an Explanation of Significant Difference (ESD) • Publish a notice of availability in a local newspaper • Make the ESD available to the public • Place the information supporting the change in the Administrative Record file EPA 3.12 ,,m, jJ z1 179 . I I Notes: 3-12 ------- Post-ROD Changes Recommended Outline for an ESD - ________________________________________________________ • Introduction to the site and statement of purpose • Site history, contamination, and selected remedy • Basis for the document • Description of significant differences or new alternatives • Support agency comments • Statutory determinations • Public participation compliance EPA 3-13 Notes: 1’ 3-13 ------- Post-ROD Changes Component Explanation of Significant Difference Introduction to the site and statement of purpose • Site name and location. • Identification of lead and support agencies. • Citation of CERCLA § 117(c) and NCP §300.435(c)(2)(I). • Include date of ROD signature. • Summaiy of circumstances that led to the need for an ESD. • Statement that ESD will become part of Administrative Record file (NCP 300.825(a)(2)). • Address of location where the file is available and hours of availability. Site history, contamination, and Selected Remedy • Brief summary of contamination problems and site history. • Present the Selected Remedy, as originally described in the ROD. Basis for the document • Summarize information that prompted and supports significant differences from the Selected Remedy, including the results of the treatability studies or other information developed or provided during the remedial design process. • Reference any information in the Administrative Record file that supports the need for the change. Description of significant differences or new alternatives • Describe the significant differences between the remedy as presented in the ROD and the action now proposed, highlighting scope, performance, and cost. • Describe any changes in Expected Outcomes that will result from the ESD (e.g., change in time to achieve cleanup objectives). Evaluation of alternatives • Not Applicable to ESDs. Support agency comments • Include a summary of support agency comments on the ESD. Statutory determinations • State that the modified remedy satisfies CERCLA § 121. Public participation compliance • Document that the public participation requirements set out in NCP §300.435(c)(2)(i) have been met. 3-14 ------- Post-ROD Changes Process that Results in the Issuance of an ESD: General Procedures Information received from public or support agency or generated by lead agency • Information should be considered; and •A significant change to a component of the remedy would result 1 • Prepare ESD; and •Give support agency opportunity to comment • Publish a Notice of Availability and bnef descnption in newspaper; and ,,,çJz • Place ESD and relevant information in Administrative Record file 5 EPA 3.14 Notes: 3-15 ------- Post-ROD Changes Fundamental Post-ROD Changes “ROD Amendment” •Alters the overall remedy May include a number of significant changes that together have the effect of a fundamental change • Examples: Change in primary treatment method Community preference EPA Notes: 3-16 ------- Post-ROD Changes Notes: pp 1 oD 1• ‘ 1i A- O wçA LPfZOL Addressing Fundamental Post-ROD Changes • Lead agency must develop and document the change consistent with the ROD process in - section 300.435(c) (2) (ii) (A)-(H) ,EPA 3-16 3-17 ------- Post-ROD Changes Recommended Outline for a ROD Amendment • Introduction to the site and statement of purpose • Site history, contamination, and selected remedy • Basis for the document • Description of significant differences or new alternatives • Evaluation of alternatives • Support agency comments • Statutory determinations • Public participation compliance EPA 3-17 Notes: 3-18 ------- Post-ROD Changes Component ROD Amendment Introduction to the site and • Site name and location. statement of purpose • Identification of lead and support agencies. • Citation of CERCLA § 117 and NCP §300.435(c)(2)(ii). • Include date of original ROD signature. • Summary of circumstances that led to the need for a ROD Amendment. • Statement that ROD Amendment will become part of Administrative Record file (NCP 300.825(a)(2)). • Address of location where the file is available and hours of availability. Site history, contamination, and Selected Remedy • Brief summary of contamination problems and site history. • Present the Selected Remedy, as originally described in the ROD. Basis for the document • Summarize information that prompted and supports fundamentally changing the remedy selected in the ROD, including the results of the treatability studies or other information developed or provided during the remedial design process that supports the amendment, Reference any information in the Administrative Record file that supports the need for the amendment. Description of significant differences or new alternatives • Describe original Selected Remedy and new proposed remedy in the same manner as in a standard ROD, highlighting the following: — Treatment components. — Containment or storage components. — Institutional Control components. - Key ARARs. • Explain how the change will affect the Remedial Action Objectives for the site. • Describe any changes in Expected Outcomes that will result from the ROD Amendment (e.g., change in land use, change in cleanup levels). Evaluation of alternatives • Use the nine criteria to compare the original and the new proposed remedies. Support agency comments • Include a summary of support agency comments on the ROD Amendment. Statutory determinations • State that the modified remedy satisfies CERCLA § 121. Public participation compliance • Document that the public participation requirements set out in NCP §300.435(c)(2)(ii) have been met. 3-19 ------- Post-ROD Changes Process that Results in the Issuance of an Amended ROD: General Procedures Information received or generated by lead agency • Information should be considered; and •A fundamental change to the remedy results 4. ‘Prepare amended proposed plan; and •Give support agency opportunity to comment 4. • Publish newspaper notice; and ‘Place proposed plan and relevant information in Administrative Record file V (continued) EPA 3-18 Notes: 3-20 ------- Post-ROD Changes Process that Results in the Issuance of an Amended ROD: General Procedures (continued) •Give public opportunity to comment; and • Provide opportunity for public meeting Jr • Respond to comments; • Prepare ROD amendment: and • Lead agency and EPA joint signing of ROD amendment Jr • Publish newspaper notice; and • Place ROD amendment into Administrative Record file EPA 3-19 Notes: 3-21 ------- Post-ROD Changes Process for Remedy Selection in the Absence of a Signed FFA • Federal facility proposes remedy • EPA and State concur in the remedy or • EPA and State do not concur •Can the Federal facility implement the remedy? EPA 3-20 Notes: 3-22 ------- Post-ROD Changes Major Differences Between ESD and ROD Amendments • ESD highlights changes to performance, scope, and cost • ROD amendment highlights treatment component, containment or storage, ICs, and key ARAR’s • ROD amendments must be evaluated against the CERCLA nine criteria • Public participation is more rigorous under ROD amendments EPA 3-21 Notes: 3-23 ------- Post-ROD Changes Changes Required Under Other Decision Documents • New information may require changes to: RCRA permits (permit modification) RCRA corrective action orders EPA 3-22 Notes: 3-24 ------- Post-ROD Changes Monticello Vincinity Properties (MVP) • DOE is the responsible party ‘Listed in 1986 (114 properties included) FFA in 1989 (40 CFR 192 was the principal ARAR) ROD in September, 1989 (designated cleanup to 5/15 pci/gm of Radium 226) jEPA Notes: 3-25 ------- Post-ROD Changes Post-ROD Changes • In 1992, 234 additional properties were added to the site • In subsequent years approximately 80 properties were added • In 1994, DOE requested the use of Supplemental Standards as provided for in the principal ARAR “ r” çP )i/q EPA 3.24 Notes: 3-26 ------- Post-ROD Changes Monticello Mill Tailings Site • DOE is the responsible party Former 110 acre mill site containing approximately 2.0 million cubic yards of contaminated material There are 29 peripheral properties contaminated with windblown and waterborne tailings ROD in 1990-dispose of material in an on-site repository EPA 3-25 Notes: 3-27 ------- Post-ROD Changes Monticello Mill Tailings Site Post-ROD Changes • In 1994 because of cost escalation to meet ARARs on site, DOE proposes an off-site remedy ( • In 1998 a reverse osmosis unit is added to meet National Pollutant Discharge Elimination System (NPDES) effluent limits • Change of cover design to increase volume • Use of Supplemental Standards on Montezuma Creek peripheral properties EPA 3 .26 Notes: 3-28 ------- 4. Long-Term Monitoring c;p 3 — . - -I— 5.- ------- Long-Term Monitoring Module 4: Long-Term Monitoring EPA 4.1 Notes: 4-1 ------- Long-Term Monitoring Objectives of This Module - • Define long-term monitoring (LTM) • Discuss the development, conduct, and revision of LTM plans • Describe the implementation of LTM at different remedies EPA 4.2 Notes: 4-2 ------- Long-Term Monitoring What is LTM? •The phase that occurs after the remedy is in place • LTM may include: Required monitoring Administrative management of use restrictions Operation and maintenance (O&M) • LTM vs. long-term operations • Monitoring after cleanup goals are met EPA 4.3 Notes: 4-3 ------- Long-Term Monitoring LTM Process • Prepare and implement LTM plan •Conduct LTM • Revise or terminate LTM • Define roles and responsibilities of team EPA Notes: 4-4 ------- Long-Term Monitoring Contents of a LTM Plan •Site background • Regulatory requirements • Monitoring plan Sites and media “Locations, chemicals, methods, and frequency ‘QNQC • Maintenance plan “Covers Monitoring system EPA Notes: 4-5 ------- Long-Term Monitoring Development of LTM Plan • Process considerations Long-term site management strategies and expected duration CERCLA/RCRNBRAC requirements continued... EPA 4 6 Notes: 4-6 ------- Long-Term Monitoring Development of LTM Plan • Data objectives ‘What are we sampling for and why? What precision is required? How will we use the data we get? What decisions will be made based on the results of the data? r p EPA Notes: 4-7 ------- Long-Term Monitoring LTM Development •“lnnovative” data collection and analysis • Examples Modified low-flow and diffuser tube samplers Site or field GC operated by on-site personnel EPA 4-8 Notes: 4-8 ------- Long-Term Monitoring Conduct of LTM • Review results to verify continued effectiveness of the remedy Conduct five-year reviews (under CERCLA only) • Event reporting and data presentation Review and comment formality Data display Geographic information systems (GIS) Explain results to the public and RAB • Communicate with your team and expect to make changes EPA Notes: 4-9 ------- Long-Term Monitoring Revising the LTM Plan • An on-going process that involves: Statistical and geostatistical tools Monitoring the plume evolvement Using the team’s experience and common sense • Update frequency, locations, analyses, and models as appropriate • Ensure upfront community involvement (for example, involve the RAB) EPA 4-10 Notes: 4-10 ------- Long-Term Monitoring Implementation of LTM at Different Remedies • On-site treatment • Containment • Groundwater or surface water remedies • Groundwater monitoring only EPA 4-11 Notes: 4-11 ------- Long-Term Monitoring Technical Considerations in Developing a LTM Plan for Different Remedies • Site type PIume, landfill, other • Contaminants VOCs, metals DNALP, LNAPL •Media • Remedy On-site treatment Discharge levels and media Containment or cleanup performance Monitored Natural Attenuation EPA 4.12 Notes: 4-12 ------- Long-Term Monitoring Naval Air Station, Brunswick, Maine (NAS Brunswick) — Background •Placedon NPL1n 1987 • Groundwater contamination referred to as the Eastern Plume is one of the major Operable Units • “Eastern Plume” is a solvent plume with contribution from 3 separate Installation Restoration (IR) Sites Acid/Caustic Pit Former Fire Training Area Storage Area EPA 4.13 Notes: 4-13 ------- Long-Term Monitoring NAS Brunswick — Eastern Plume • Geology “Overburden sand Silt (transition) Clay unit overlaying a moderately sloping bed rock • Remedial Investigation indicated that plume was advancing towards Harpswell Cove EPA Notes: 4-14 ------- Lonq-Term Monitoring NAS Brunswick — Eastern Plume EPA Notes: 4-15 4-15 ------- NAS Brunswick Eastern Plume EPA 4-15 ------- Long-Term Monitoring NAS Brunswick — Eastern Plume North 2 8. South 50 I SO 200 200 300 Notes: 4-16 ------- Long-Term Monitoring NAS Brunswick — Initial LTM Plan • LTM plan developed using existing network of Remedial Investigation wells • Quarterly sampling of 36 wells • Costs in neighborhood of $550,000/year EPA 4-17 Notes: 4-17 ------- Long-Term Monitoring NAS Brunswick — After Several Years of Operations • Plume appears stable and in deeper sand • Extraction system needs improvement in deeper sand • Primary treatment (UV Oxidation) not suitable for trichioroethane (TCA) • Some redundant and predictable data EPA 4.18 Notes: 4-18 ------- Long-Term Monitoring NAS Brunswick — Decision Time -- •Three-day meeting to revise LTM plans • Involved decision makers, technical personnel and stakeholders •Tools assembled prior to meeting Geostatistics ‘ Analytical Charts for each sampling point Well/boring logs All analytical data EPA 4-19 Notes: 4-19 ------- Long-Term Monitoring NAS Brunswick — Decision Process •After the geostatistics were deciphered, the following questions were asked: What are we sampling for? How will we use the data we get? What decision will we make with the data? • Each sampling point was reviewed •Ad hoc/common sense review EPA 4-20 Notes: 4-20 ------- Long-Term Monitoring NAS Brunswick — Revised LTM Plan • Number of wells to be sampled decreased from 36 to 22 Frequency of sampling reduced Focused on contaminants of concern (COC) • Monitoring wells and sampling points added to fill data gaps • Distribution of reports decreased from 23 to five EPA 4.21 Notes: 4-21 ------- Long-Term Monitoring NAS Brunswick — Results of Revised LTM Plan • Monitoring costs reduced from approximately $550,000 to $250,000 Analytical Mobilizations Data Management Distribution of reports Report Review/Response to Comments •Allowed funding for other work EPA 4-22 Notes: 4-22 ------- Long-Term Monitoring Hanscom AFB — Background •Operable Unit 1 Plume ))TCE/DCE in three layers with three DNAPL source areas • Pump and treat containment remedy Since 1991 •Approximately 200 monitoring wells 11 rounds (sampling events) to date EPA 4.23 Notes: 4-23 ------- Long-Term Monitoring Hanscom AFB — Results from Revising LTM Plan •On site GC for 150 in plume samples Operated by on site personnel accuracy, $$ savings Operating real-time benefit • Modified low flow for 150 in plume wells Bladder and peristaltic pumps for LTM Bailer for informal monthly analysis • Diffuser sampler tubes project Can sample 20 to 40 wells per day EPA 4.24 Notes: 4-24 ------- 5. Five-Year Review ------- Five-Year Review Module 5: Five-Year Review EPA Notes: 5-1 ------- Five-Year Review Objectives of this Module • Explain the purpose and requirements of a five- year review • Define roles and responsibilities for five-year reviews of federal facilities • Describe the elements of a five-year review • Explain the procedures for assessing the protectiveness of the remedy EPA 5-2 Notes: 5-2 ------- Five-Year Review Purpose and Requirements •CERCLA and NCP Requirements • Types of Reviews Statutory reviews Policy reviews EPA 5.3 Notes: 5-3 ------- Five-Year Review Timing of Five-Year Reviews • Statutory reviews Initiation of remedial action (date of on-site construction) • Policy reviews Construction completion (usually, signature date of the Preliminary Close Out Report [ PCOR]) EPA 5-4 Notes: 5-4 ------- Five-Year Review Applicability and Timing of the Five- Year Review to Other Scenarios • Five-year reviews are required for a variety of sites with: Multiple operable units Interim remedial actions RCRA responses Groundwater monitoring Monitored natural attenuation and Institutional Controls (ICs) EPA Notes: 5-5 ------- Five-Year Review Roles and Responsibilities • Federal facility sites on the NPL DoD, DOE, and USCG lead sites Other federal facility sites • Federal facility sites not on the NPL EPA 5-6 Notes: 5-6 ------- Five-Year Review Elements of a Five-Year Review - - .--, •The five-year review is composed of: Planning the review Collecting information Developing conclusions Preparing the five-year review report EPA Notes: 5-7 ------- Five-Year Review Report Outline • Introduction • Deficiencies • Site chronology • Recommendations • Background and required actions • Remedial actions • Protectiveness statement(s) • Five-year review findings • Next review • Assessment EPA Notes: 5-8 ------- Five-Year Review Assessing the Protectiveness of the Selected Remedy • Determining protectiveness • “Not protective” situations • Protectiveness statements EPA 5.9 Notes: 5-9 ------- Five-Year Review Discontinuing Five-Year Reviews • Discontinuing five-year reviews Statutory and post-SARA policy five-year reviews Policy reviews EPA 5.10 Notes: 5-10 ------- Five-Year Review Effect of Site Deletion on Five-Year Reviews • Deletion not contingent on the five-year review • Region can use a notice of intent to delete (NO ID) or other document with public comment to announce that no review is due (updating the ROD statement) EPA 5-11 Notes: 5-11 ------- 6. Federal Property Transfer ------- Federal Property Transfer Module 6: Federal Property Transfer EPA 6-1 Notes: 6 -1 ------- Federal Property Transfer Objectives of the Module • Introduce the Federal property screening and transfer process • Identify statutory and regulatory authorities and policy statements that affect transfers of Federal property under BRAG • Acknowledge non-BRAG property transfer similarities and differences • Define roles and responsibilities of stakeholders • Compare types of transfers under CERCLA §120(h) EPA 6-2 Notes: 6-2 ------- Federal Property Transfer Introduction to Federal Property Transfer • Federal property screening and transfer process • Methods of conveying surplus federal property • Environmental issues in Federal property transfers • Environmental statutes impacting Federal property transfers • Key stakeholders involved in Federal property transfers EPA 6-3 Notes: 6-3 ------- Federal Property Transfer Federal Property Screening and Transfer Process • Property screened to determine whether “excess” or “surplus” • Interests in surplus property are sought and identified • Reuse plan prepared by the LRA • Reuse plan submitted to military components and HUD • NEPA process is conducted in parallel EPA 6-4 Notes: 6-4 ------- Federal Property Transfer Methods of Conveying Surplus Federal Property • Public benefit conveyance • Homeless assistance conveyance • Economic development conveyance • Negotiated sale •Advertised public sale EPA Notes: 6-5 ------- Federal Property Transfer Environmental Issues in Federal Property Transfers • Contaminants threaten human health and the environment •Contaminants may limit reuse • Contaminants may impact economic viability • Future environmental cleanup and liability challenges EPA 6-6 Notes: 6-6 ------- Federal Property Transfer Environmental Statutes Impacting Federal Property Transfers • National Environmental Policy Act (NEPA) • Community Environmental Response Facilitation Act (CERFA) • Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Operating Properly and Successfully - CERCLA § 120(h)(3)(B) “Early Transfer Authority - CERCLA § 120(h)(3)(C)(i) •State laws EPA 6 -7 Notes: 6-7 ------- Federal Property Transfer Key Stakeholders Involved in Federal Property Transfers • BRAG Cleanup Team (BCT) • Base Transition Coordinator (BTC) • Local Redevelopment Authority (LRA) • Restoration Advisory Board (RAB) • Military component decision-makers EPA 6-8 Notes: 6-8 ------- Federal Property Transfer Federal Facility Property Transfer •Overview of the process • Requirements for transferring CERFA- uncontaminated property • Requirements for transferring property under CERCLA § 120(h)(3) • Requirements for accomplishing early transfer of contaminated property EPA 6 -9 Notes: 6-9 ------- Federal Property Transfer Key Activities for Property Transfer • Transfer process requires four key activities Environmental Baseline Survey (EBS) Initiation of parcel-specific transfers Determination of suitability to transfer Notice of hazardous substances activity EPA 6•1O Notes: 6-10 ------- Federal Property Transfer Basic Sources of Environmental Data • General purposes of an Environmental Baseline Survey (EBS) • Basewide EBS • Parcel-specific EBS EPA 6-11 Notes: 6-11 ------- Federal Property Transfer Elements of the Environmental Baseline Survey • DOD policy establishes EBS requirements based on CERCLA § 120(h)(4) • Each military component follows own adopted guidelines • Objective of particular EBS should guide level of detail EPA 6.12 Notes: 6-12 ------- Federal Property Transfer Determining the Environmental Condition of Property • EBS information used to support classification of property • Seven categories describe environmental condition of property • Category defines availability of property for reuse a, EPA 6-13 Notes: 6-13 ------- Federal Property Transfer Parcel-Specific Transfers • Notifying EPA and state regulatory agencies • Evaluating the property for transfer • Issuing notice of intention to sign a FOST • Determining that property is suitable for transfer • Identifying conditions for transfer EPA 6 14 Notes: 6-14 ------- Federal Property Transfer Parcel-Specific Transfers (continued) - •Addressing/resolving comments and unresolved comments • Notifying about signature of a finding EPA 6-15 Notes: 6-15 ------- Federal Property Transfer Notice of Hazardous Substances Activity . nu _ iM. .o ’ - . • Required when selling or transferring federal property • Notice and covenant specified under CERCLA § 120(h)(3) •Applicability and content of the notice specified in federal regulations EPA 6-16 Notes: 6-16 ------- Federal Property Transfer Requirements for Transferring CERFA-Uncontaminated Property • Environmental condition of property Category 1 • Notification requirements • Covenant and access requirements • Regulatory concurrence EPA 6-17 Notes: 6-17 ------- Federal Property Transfer Requirements for Transferring Property Under CERCLA § 120(h)(3) • Environmental condition of property Categories 3 or4 • Notification requirements • Covenant and access requirements: All remedial action has been taken Action found to be necessary shall be conducted by the United States. Grant United States access to the property • Operating properly and successfully EPA 6-18 Notes: 6-18 ------- Federal Property Transfer Requirements for Accomplishing Early Transfer of Contaminated Property ___________________ • Environmental condition of property Categories 5 or6 • Environmental condition of property Category 7 • Notification requirements • Covenant and access requirements • Issues associated with early transfer Covenant Deferral Request (CDR) Federal cleanup obligation State considerations for non-NPL Sites EPA Notes: 6-19 ------- Federal Property Transfer Miscellaneous Issues • Transfers to potentially responsible parties • Future liabilities and indemnification of transferees •Transfers between Federal agencies EPA Notes: 6-20 ------- Federal Property Transfer Transfers to Potentially Responsible Parties • Refer to CERCLA § 1 20(h)(3)(B) • PRP status at time of transfer EPA 6-21 Notes: 6-21 ------- Federal Property Transfer Future Liabilities and Indemnification of Transferees • Policy alleviates uncertainty about potential enforcement • Statutory covenants provided for Federal facilities • Statutory indemnification provided for closing bases • Prospective purchaser agreements not necessary for Federal facilities EPA 6-22 Notes: 6-22 ------- Federal Property Transfer Transfers Between Federal Agencies • Identifying interest in excess Federal property Property to be utilized by Federal agencies Sponsored transfer • Environmental issues in transfers to Federal agencies EPA 6-23 Notes: 6-23 ------- 7. Formerly Used Defense Sites ------- Formerly Used Defense Sites Module 7: Formerly Used Defense Sites “FUDS Were BRAC Before BRAC Was Cool!” — Plato, as told to Scott Marquess EPA 7.’ Notes: 7-1 ------- Formerly Used Defense Sites Overview •Two themes •A bit of law: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Defense Environmental Restoration Project (DERP); similarities and differences • Who’s the boss? • Next steps EPA 7-2 Notes: 7-2 ------- Formerly Used Defense Sites Themes - r i , ...j.L_.,. ta. .. — — •When worlds collide: EPA’s CERCLA; U.S. Army Corps of Engineers’ FUDS programs •Ambiguous roles for EPA, USACE impede smart cleanups EPA Notes: 7-3 ------- Formerly Used Defense Sites FUDS • Site which was under the jurisdiction of DoD and owned by, leased to, or otherwise possessed by the U.S. at the time of actions leading to contamination by hazardous substances EPA Notes: 7-4 ------- Formerly Used Defense Sites CERCLA and DERP • Similarities and differences EPA Notes: 7-5 ------- Formerly Used Defense Sites CERCLA at Private Sites • Preliminary Assessments and Site Investigations (PA/SI) conducted at any site where a threatened release is known or suspected • EPA undertakes removal actions where “Imminent and Substantial” endangerment is posed • Potentially responsible parties jointly and severally liable for cleanup measures, all response costs EPA 7-6 Notes: 7-6 ------- Formerly Used Defense Sites CERCLA at Private Sites (continued) • EPA makes cleanup decisions • If necessary, EPA may spend Fund remedial action (RA) money and seek cost recovery EPA Notes: 7-7 ------- Formerly Used Defense Sites CERCLA at Federal Facilities • Fund RA money may not be spent • Respective federal agency, not EPA, is for most purposes the “President” under CERCLA, per E.O. 12580 EPA 7-8 Notes: 7-8 ------- Formerly Used Defense Sites CERCLA at Federal Facilities (continued) •1986 Superfund Amendments and Reauthorization Act (SARA) amendments ‘All branches of the federal government must comply with CERCLA’s procedural and substantive provisions; and can be liable for cleanup costs under Section 107 of the statute, 42 United States Code (U.S.C.) § 9607, “in the same manner and to the same extent” as a private party —Section 1 20(a)(1) EPA Notes: 7-9 ------- Formerly Used Defense Sites CERCLA at Federal Facilities (continued) • SARA amendments ‘AIl “guidelines, rules, regulations and criteria” which are applicable to preliminary assessments, National Priorities List listing, and Remedial Action “shall also be applicable to facilities which are owned or operated by a department, agency, or instrumentality of the United States in the same manner and to the extent as such guidelines, rules, regulations and criteria are applicable to other facilities.” —Section 1 20(a)(2) EPA 7-10 Notes: 7-10 ------- Formerly Used Defense Sites E.O. 12580 - Delegation of CERCLA Authorities • Executive Order 12580 Delegates among EPA and other federal agencies CERCLA’s functions of the “President” With respect to any release or threatened release of hazardous substances on, or exclusively from, a facility which is “under the jurisdiction, custody, or control” of the federal agency; that agency is the “President” Lead agency authority must be exercised consistent with of Section 120 of CERCLA Adopted in NC EPA 7 11 Notes: 7-11 ------- Formerly Used Defense Sites Defense Environmental Restoration Program • Passed in 1986 as part of SARA • Section 211 of SARA authorized and funded DoD to carry out “response actions with respect to releases of hazardous substances” from sites that are either now owned by, leased to, or otherwise possessed by DoD or were such at “the time of actions leading to contamination by hazardous substances.” • USAGE is “Executing Agent” EPA 7.12 Notes: 7-12 ------- Formerly Used Defense Sites DERP (continued) • Addresses Unexploded ordnance (UXO) posing an imminent and substantial endangerment Hazardous substances, pollutants and contaminants generally Building demolition and debris removal • In some respects broader; in some respects narrower than CERCLA EPA 7-13 Notes: 7-13 ------- Formerly Used Defense Sites DERP (continued) • DoD required to notify states, EPA of various DERP activities • DoD required to carry out DERP subject to CERCLA in certain respects EPA 7-14 Notes: 7-14 ------- Formerly Used Defense Sites USACE FUDS Program Manual • Includes: Program/Project Management DERP-FUDS Response Actions PRP Process DERP-FUDS Database Workplan Development - Program Funding Resource Management Documentation and Reporting Contracting “Public Participation “Coordination with Regulatory Agencies EPA 7-15 Notes: 7-15 ------- Formerly Used Defense Sites INPRs, NOFAs versus PA/Sis • EPA’s and USACE’s site assessment procedures at FUDS EPA 7-16 Notes: 7-16 ------- Formerly Used Defense Sites Notes: Comparison of EPA’s PAISIs, USACE INPRs •EPA PAs Site specific Initial screening, may trigger further CERCLA action May include desk review, site visit • DERP-FUDS eligibility determination Made in inventory Project Report (INPR) Project specific “Limited “Categorical exemptions EPA 7.17 7-17 ------- Formerly Used Defense Sites Comparison of EPA’s PAISIs, USACE INPRs (continued) • EPA Sis • USACE Preliminary Collect field data eligibility assessment May lead to HRS May lead to further scoring DERP-funded work, orNOFA USACE recently changed terminology EPA 7-18 Notes: 7-18 ------- Formerly Used Defense Sites No Further Action (NOFA) Determination • Categories: I. Ineligible Properties Based on INPR II. No Hazardous Substances Present Above Risk- Based Screening Criteria Based on SI/Sampling Plan III. Hazardous Substances Present; No Response Required Based on Baseline Risk Assessment IV. Response Action EPA 7.19 Notes: 7-19 ------- Formerly Used Defense Sites FUDS Eligibility Determination and Preliminary Assessment (PA) Progress (As of 6 April 1999) Total Properties in Inventory PA Initiated PA (“PAE) PA Underway Completed I247 5504 3119 II Properties Ineligible or Properties No Further Action Requiring Source; USACE 5/99 NOFA (NDAr) Ru5pon se 61% ActIons EPA 7-20 Notes: 7-20 ------- Formerly Used Defense Sites Current and Developing Issues with non-NFL FUDS • Discovery and assessment • Coordination with EPA and states • Enforcement constraints • Resources and funding • Community involvement EPA 7-21 Notes: 7-21 ------- Formerly Used Defense Sites CERCLA 120 Issues •i 20(a)4: State laws at non-NPL sites •120(c) and (d): FUDS and the Federal Facility Docket •120(e): FUDS cleanup agreements, NPL and non-NPL; 120 lAGs, 104/1 06 orders; others EPA Notes: 7-22 ------- Formerly Used Defense Sites E.O. 12580 Issues • What exactly does “under the jurisdiction, custody, or control” of DoD mean? USACE suggests that FUDS are under its “jurisdiction, custody, or control” because Wherever it is doing response work, it has “custody or control,” and/or Since it is its wastes at the site, it must have “jurisdiction.” EPA 7-23 Notes: 7-23 ------- Formerly Used Defense Sites DERP Issues - • DERP 2701 (a)(2): Program to be carried out “subject to, and consistent with, Section 120 (relating to federal facilities)” of CERCLA •2701(a)(3): DERP to be carried out “in consultation with the Administrator” of EPA •2701 (c)(2): DERP not to be used where private PRP is conducting removal under CERCLA 122 •2701(d): Reimbursement of EPA’s costs EPA 7-24 Notes: 7-24 ------- Formerly Used Defense Sites Current FUDS Cleanup Issues •What is EPA’s, state’s, and USACE’s role at non- NPL sites? • How should EPA and USAGE relationship be memorialized? • Should no further action determinations be revisited? EPA 7-25 Notes: 7-25 ------- Formerly Used Defense Sites Next Steps • EPA to better define the universe of FUDS • EPA considering response activities, including PA/Si’s, removals and NPL scoring as appropriate EPA 7 26 Notes: 7-26 ------- 8. Institutional Controls ------- Institutional Controls Module 8: Institutional Controls EPA 8.1 Notes: 8-1 ------- Institutional Controls Objectives of the Module • Define institutional controls (IC) • Discuss when ICs are needed • Explain planning and analysis considerations • Discuss how to implement ICs • Discuss issues surrounding the use of lCs EPA 8.2 Notes: 4 EBc I 1/J,- , 8-2 ------- Institutional Controls Definition of Institutional Controls • Legal or administrative tools • Non-engineering, legal measures that prevent exposure EPA Notes: 8-3 ------- Institutional Controls Types of Institutional Controls • Informational: non-enforceable “advisories” • Governmental: state or local government using its police powers to impose restrictions • Proprietary: based on private property law, legal tools can be used to restrict or affect the use of property • Enforcement authorities: orders under CERCLA and RCRA may require restictions • lOs at federal facilities: a federal facility needs to establish an internal process to control land use EPA 8.4 Notes: 8-4 ------- Institutional Controls Role of ICs in Remedies •The National Contingency Plan (NCP) •RCRA EPA 8-5 Notes: 8-5 ------- Institutional Controls Evaluating the Need and Usefulness of ICs in Remedies •Timing of evaluation • ICs alone are considered remedial action • lCs are integral parts of remedy selection process (nine-criteria analysis) EPA 8-6 Notes: 8-6 ------- Institutional Controls When to Use ICs • Where cleanup is protective only for industrial or commercial standards •Where groundwater will remain contaminated for some period of time •Where surface water or sediments will remain contaminated above safe levels for some period of time • Where contamination is left at higher levels in subsurface soils •Where certain activities must be prohibited to preserve an engineered remedy EPA 8-7 Notes: 8-7 ------- Institutional Controls IC Tools - Typical Land Use Restrictions • Proprietary devices Deed restriction Easement ‘ Covenant Other real property devices that may be used with ICs • Informational devices Deed notices Records and community involvement EPA 8.8 Notes: 8-8 ------- Institutional Controls IC Tools - Typical Land Use Restrictions (continued) • Governmental controls such as federal, state, and local laws and regulations Land use restrictions Groundwater use restrictions Advisories State registries of hazardous waste sites Condemnation of property •In peGtioPs v f reJ - C J 1C EPA 8•9 Notes: 8-9 ------- Institutional Controls Planning and Integrating ICs During Remedy Selection •Careful analysis of ICs in the Rl/FS, RFI, or CMS • ICs should not be considered an automatic “add-on” or afterthought 8-10 Notes: 8-10 ------- Institutional Controls Involvement of Stakeholders • State and local “buy-in” to the remedial process and the ICs is critical to the success of the remedy •At BRAC sites, the LRA is a critical stakeholder •Consultation should occur early in the process EPA 8-11 Notes: 8-11 ------- Institutional Controls ICs in the Decision Documents - - L- — •The remedial decision document should clearly state the purposes and goals of the ICs • The decision document should note that the remedy includes ICs •The decision document should indicate what tools will be used or include a commitment to develop a base-wide IC plan EPA 8-12 Notes: 8-12 ------- Institutional Controls Methods for Accomplishing the Goals of the IC • IC “layering” • Notice • Reopening or modifying the decision document • Contingency remedies • Explanation of significant difference EPA 8-13 Notes: 8-13 ------- Institutional Controls Monitoring ICs • During remedy construction • Periodic inspections • Five-year reviews should include assessment of effectiveness of the IC EPA 8.14 Notes: 8-14 ------- Institutional Controls Issues Associated with ICs • RPM role and responsibilities • Evaluating the status of ICs • Involving the community • Proposed Federal statutory amendments • State law mechanisms EPA 8-15 Notes: 8-15 ------- 9. Unexploded Ordnance ------- Unexploded Ordnance ( UXO ) Module 9: Unexploded Ordnance (UXO) a, EPA 9-1 Notes: 9-1 ------- Unexploded Ordnance ( UXO ) Objectives of the Module • Define unexploded ordnance (UXO) and the scope of the UXO problem • Describe typical UXO sites • Explain the major statutory and regulatory requirements for UXO • Discuss discovery and assessment procedures • Briefly describe remediation technologies EPA 9-2 Notes: 9-2 ------- Unexploded Ordnance ( UXO ) Why is UXO a Problem? •Thousands of former DoD sites or military ranges utilized for training troops or testing weapons have been transferred out of DoD control since the 1950’s EPA Notes: 9-3 ------- Unexploded Ordnance ( UXO ) What is UXO • Definition of UXO • Common types of UXO • Identifying types of ordnance EPA 9.4 Notes: 9-4 ------- Unexploded Ordnance ( UXO ) Scope of the UXO Problem •No definitive range inventory - t - , 6 k 1 • Estimates are being expanded to include more acreage •Cost estimate for remediating UXO EPA 9.5 Notes: 9-5 ------- Unexploded Ordnance ( UXO ) The Typical UXO Site •Typical UXO sites include the following: Formerly Used Defense Sites (FUDS) Base Realignment and Closure (BRAC) “Ordnance depots Ammunition plants Other sites EPA 9•6 Notes: 9-6 ------- Unexploded Ordnance ( UXO ) Federal Statutory Authorities •The Federal Facility Compliance Act (FFCA) of 1992 and the Resource Conservation and Recovery Act (RCRA) •The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the National Contingency Plan (NCP) •The Safe Drinking Water Act (SDWA) and other environmental statutes EPA 9-7 Notes: 9-7 ------- Unexploded Ordnance (UXO) Other Authorities Governing the Assessment and Cleanup of UXO and “Other Constituents” • DoD 6055.9-STD Ammunition and Explosives - — Safety Standards • “Other constituents” are analogous to hazardous chemicals EPA 9-8 \ ‘ 1 Notes: 9-8 ------- Unexploded Ordnance ( UXO ) Federal Regulatory Requirements •Military Munitions Rule identifies when ii P1 - conventional and chemical military munitions become hazardous waste under RCRA • Proposed DoD Range Rule identifies a process for assessment and cleanup of closed, — transferred, and transferring military ranges k 4 /-1 profeq i /1/1 - E - EPA Notes: 9-9 ------- Unexploded Ordnance (UXO ) April 22 Memo and EPA Issues - rtttn’m • EPA cited a number of specific concerns on how the military has not been addressing environmental responsibility at closed, transferred, and transferring military ranges. EPA listed the following five areas that present continuing human health and environmental difficulties: Range assessment and investigation “Non-compliance with regulatory authorities “Communication, coordination, and dissemination of information Remedy selection and implementation Property transfer issues EPA 9.10 Notes: 9-10 ------- Unexploded Ordnance ( UXO ) State Programs and Tribal Issues • States implementing the Munitions Rule • UXO issues on Tribal Lands may be handled differently than at other sites or ranges due to the following factors: Treaty rights Land use and cultural considerations Trust responsibilities Lack of RCRA authorities EPA 9-11 Notes: 9-11 ------- Unexploded Ordnance ( UXO ) Taking Appropriate Action for UXO • Report the UXO to the proper authorities •Although discovery of UXO may warrant an immediate response such as a time-critical removal action, once the surface has been determined to be accessible by qualified personnel, additional investigation and a larger- scope cleanup may take place EPA 9-12 Notes: 9-12 ------- Unexploded Ordnance ( UXO ) UXO Risks and Risk Assessment: Three Components • UXO exposure • UXO detonation • Consequences of UXO detonation EPA 9-13 Notes: 9-13 ------- Unexploded Ordnance (UXO ) Remediation Technologies •The overall goal as identified by the R3M National Partnering Team is to eliminate all UXO from CU ranges • Excavation Technologies EPA 9 .14 Notes: 9-14 ------- Unexploded Ordnance ( UXO ) Effectiveness of Methods Vary with the Site and Range •There is no one method that assures UXO can be detected and removed in the same moment at every site •Although methods and technology vary, general guidelines may be of assistance when evaluating investigative or remedial options EPA 9 15 Notes: 9-15 ------- Unexploded Ordnance ( UXO ) Community Outreach and Public Participation • Public involvement is a key component in the entire removal process • For actions conducted under the forthcoming Range Rule process, the regulators and DoD are currently working towards improving coordination and dissemination of information to the public EPA 9-16 Notes: 9-16 ------- 10. ea - . ase a nt ------- Lead-Based Paint Module 10: Lead-Based Paint , EPA 10-1 Notes: 10-1 ------- Lead-Based Paint Objectives of the Module • Explain the issue of lead-based paint (LBP) abatement at federal facilities • Describe the roles, responsibilities, and implementation issues of residential LBP abatement • Describe the roles, responsibilities, and implementation issues of non-residential LBP abatement EPA 10-2 Notes: 10-2 ------- Lead-Based Paint Federal Agency Concerns About Lead Paint in Soil • EPA is required to examine CERCLA hazardous substances, including LBP in soil at military closing bases • CERCLA Section 1 20(h)(3) requires a covenant declaring that: all necessary remedial action with respect to hazardous substances remaining on the property has been taken any further remedial action found to be necessary - - - -‘ after the date of the transfer will be conducted by — the United States • DoD expressly argues that LBP is not a CERCLA -‘ substance EPA 10-3 Notes: 10-3 ------- Lead-Based Paint Key Concerns Facing EPA • How to respond to DoD when it proposes to transfer a parcel where lead contamination is known or suspected without having assessed the threat or taken any appropriate remedial action • EPA and the State comment on the FOST •The military must either respond to comments or attach them as unresolved comments EPA 10-4 Notes: 10-4 ------- Lead-Based Paint Background Information on LBP Issues • EPA’s OGC Memorandum of December 20, 1996 stated that the authority under CERCLA can be used to address soils contaminated by a release of lead in paint chips coming from structures •The Military Services have asserted that because LBP in residential areas is addressed under Title X of the Housing and Community Development Act of 1992, there is no requirement to address lead contamination associated with lead-based paint under CERCLA EPA 10-5 Notes: 10-5 ------- Lead-Based Paint Background Information on LBP Issues (continued) •EPA’s position is that CERCLA and Title X both potentially apply to LBP contaminated soil in residential areas and neither law preempts the other • DoD has raised several concerns as to the effect of the OGC opinion on LBP in soil: Concerned of its potential liability to conduct site assessment and potential responses Expressed the view that EPA is treating them differently than private sites EPA 106 Notes: 10-6 ------- Lead-Based Paint Defining the Issues Surrounding Residential LBP •What is a LBP hazard? •What are the concentrations which trigger LBP requirements? • What is meant by the term “abatement”? • What is meant by “target” housing? EPA 10-7 Notes: 10-7 ------- Lead-Based Paint Applicable Laws, Regulations, and Guidances for LBP •The Residential LBP Hazard Reduction Act (Title X) •The Toxic Substances Control Act (TSCA) •The Comprehensive Environmental Response, Compensation, and Liability Act Section (CERCLA) • Others statutes and regulations •i:ct / oc ( & (- k.. EPA Notes: 10-8 ------- Lead-Based Paint Implementation Issues •Joint EPA /D0D Field Guide Requirements (Draft) Inspection Risk assessment • Work practice standards EPA Notes: 10-9 ------- Lead-Based Paint LBP Hazard Recognition _ z. _ ; ______ • _ . __ .a __ j-’- —’ . - — — • Painted surface Accessible surfaces Friction surfaces Impact surfaces •Dusts •Soils EPA 10-10 Notes: 10-10 ------- Lead-Based Paint LBP Control and Hazard Abatement Measures • Selection of LBP control or hazard abatement measures are determined on a site-by-site basis and may be a condition of the property transfer • LBP control and hazard abatement measures may include: No further action Interim controls Abatement EPA 10-11 Notes: 10-11 ------- Lead-Based Paint No Further Action (NFA) • Situations where NFA is applicable EPA 10.12 Notes: 10-12 ------- Lead-Based Paint Interim Controls • Situations where interim controls are applicable •The basic elements of interim controls EPA 10-13 Notes: 10-13 ------- Lead-Based Paint Abatement • Situations where abatement is applicable •The basic elements of abatement EPA 10-14 Notes: 10-14 ------- Lead-Based Paint Disposal of Debris and Waste from LBP Abatement Activities •Abatement activities may result in the generation of hazardous wastes for which the parties responsible for conducting the activities are responsible for complying with disposal requirements Waste from interim actions Waste from abatement actions EPA 10-15 Notes: 10-15 ------- Lead-Based Paint Property Transfer Process • Who is responsible for conducting control or abatement if the property is undergoing transfer • Disclosure • Transfer agreements • Finding of Suitability to Transfer (FOST) EPA 10.16 Notes: 10-16 ------- Lead-Based Paint Standards and Regulations at Federal Facilities for Non-Residential LBP Areas •A release under CERCLA? Yes. • What are the trigger levels or concentrations for LBP requirements? • Special considerations where use by children is likely • Not regulated unlike residential areas • Preliminary remediation goals (PRGs) are the only standard EPA 10-17 Notes: 10-17 ------- Lead-Based Paint Developing Issues at Non-Residential LBP Areas • EPA Region 9 pilot study • Status of proposed non-residential FOST language Issue of deed restrictions • Liability issues after transfers EPA 10-18 Notes: 10-18 ------- Lead-Based Paint Region 9 Pilot Study - Purpose of Pilots — - 2 Ja ’ V L t • Collect data on severity of problem •Address specific sampling questions • Define problem areas - extent question • Proximity - logistics • Help to define need for management decision EPA 10-19 Notes: 10-19 ------- Lead-Based Paint Region 9 Pilot Study - History • Review all surface soil samples from several closing bases Sacramento Army Depot Castle AFB Hunter’s Point Naval Shipyard NAS Agana “MoffettNAS March AFB • Other than where operational histories suggested lead usage (e.g., battery sites and rifle ranges) only a few sporadic detections above 1,000 ppm • Criticism - locations not adjacent to building, 6 inch cores jEPA Notes: 10-20 ------- Lead-Based Paint Region 9 Pilot Study - Methods • Several closing bases surveyed Presidio - Army facility Mare Island Naval Shipyard Moffett Naval Air Station Mather Air Force Base •64 buildings sampled EPA 10-21 Notes: 10-2 1 ------- Lead-Based Paint Region 9 Pilot Study - Pilot Results • Oldest buildings presented highest values • Primarily metal and wood structures, although not exclusively • Large metal structures such as water towers and large bridges • Highest concentrations in percent level • Concentrations in top inch of surface and decreasing with depth and distance •Area generally confined to within the roof dripline • XRF validated as a cost effective method EPA 10-22 Notes: 10-22 ------- Lead-Based Paint Region 9 Pilot Study - Risk Assessment Conclusions • Soil is impacted by lead • Levels of concern 1,000 ppm non-residential 400 ppm residential Ecological risk numbers could be lower •Volume and area questions? Hot spot vs. average PRG as “not to exceed” or average • Is there significant exposure? • Comparison to residential results EPA 1023 Notes: 10-23 ------- Lead-Based Paint Region 9 Pilot Study - Maflagement Options 1. DoD Proposal - Provide notice only to future owners; no sampling except large metal structures (e.g., water towers and bridges) 2. #1: With addition of deed restrictions on land use (Non-CERCLA?) 3. #2 with limited screening of older buildings based 0nXRF data from painted surfaces and maintenance histories 4. Deed restrictions on land use and conduct comprehensive sampling survey c EPA- 10.24 Notes: 10-24 ------- EXECUTIVE ORDER 12580 OF JANUARY 23, 1987 SUPERFUND IMPLEMENTATION By the authority vested in me as President of the United States of America by Section 115 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9615 etseq) (‘the Act”), and by Section 301 of Title 3 of the United States Code, it is hereby ordered as follows: Section 1. National Contingency Plan. (a)(1) The National Contingency Plan (‘the NCP”) shall provide for a National Response Team (‘the NRT”) composed of representatives of appropriate Federal departments and agencies for national planning and coordination of preparedness and response actions, and regional response teams as the regional counterpart to the NRT for planning and coordination of regional preparedness and response actions. (2) The following agencies (in addition to other appropriate agencies) shall provide representatives to the National and Regional Response Teams to carry out their responsibilities under the NCP: Department of State, Department of Defense, Department of Justice, Department of the Interior, Department of Agriculture, Department of Commerce, Department of Labor, Department of Health and Human Services, Department of Transportation, Department of Energy, Environmental Protection Agency, Federal Emergency Management Agency, United States Coast Guard, and the Nuclear Regulatory Commission. (3) Except for periods of activation because of a response action, the representative of the Environmental Protection Agency (“EPA”) shall be the chairman and the representative of the United States Coast Guard shall be the vice chairman of the NRT and these agencies’ representatives shall be co-chairs of the Regional Response Teams (‘the RRTs”). When the NRT or an RRT is activated for a response action, the chairman shall be the EPA or United States Coast Guard representative, based on whether the release or threatened release occurs in the island or coastal zone, unless otherwise agreed upon by the EPA and United States Coast Guard representatives. (4) The RRTs may include representatives from State governments, local governments (as agreed upon by the States), and Indian tribal governments. Subject to the functions and authorities delegated to Executive departments and agencies in other sections of this Order, the NRT shall provide policy and program direction to the RRTs. (b)(1) The responsibility for the revision of the NCP and all of the other functions vested in the President by Sections 105(a), (b), (c), and (g), 125, and 301 (f) of the Act is delegated to the Administrator of the Environmental Protection Agency (‘the Administrator’). (2) The function vested in the President by Section. II 8(p) of the Superfund Amendments and Reauthorization Act of 1986 (Public Law 99-499) (“SARA’) is delegated to the Administrator. (c) In accord with Section 1 07(f)(2)(A) of the Act and Section 311 (0(5) of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321 (0(5)), the following shall be among those designated in the NCP as Federal trustees for natural resources: (I) Secretary of Defense; (2) Secretary of the Interior, (3) Secretary of Agriculture; (4) Secretary of Commerce; ------- (5) Secretary of Energy. (d) Revisions to the NCP shall be made in consultation with members of the NRT prior to publication for notice and comment. Revisions shall also be made in consultation with the Director of the Federal Emergency Management Agency and the Nuclear Regulatory Commission in order to avoid inconsistent or duplicative requirements in the emergency planning responsibilities of those agencies. (e) All revisions to the NCP, whether in proposed or final form, shall be subject to review and approval by the Director of the Office of Management and Budget (“0MB’). Sec. 2. Response and Related Authorities (a) The functions vested in the President by the first sentence of Section 104(b)( 1) of the Act relating to “illness, disease, or complaints thereof” are delegated to the Secretary of Health and Human Services, who shall, in accord with Section 104(i) of the Act, perform those functions through the Public Health Service. (b) The functions vested in the President by Sections 1 04(e)(7)(C), II 3(k)(2), 11 9(c)(7), and 121(0(1) of the Act, relating to promulgation of regulations and guidelines, are delegated to the Administrator, to be exercised in consultation with the NRT. (c)(l) The functions vested in the President by Sections 104(a) and the second sentence of 126(b) of the Act, to the extent they require permanent relocation of residents, businesses, and community facilities or temporary evacuation and housing of threatened individuals not otherwise provided for, are delegated to the Director of the Federal Emergency Management Agency. (2) Subject to subsection (b) of this Section, the functions vested in the President by Sections 117(a) and (c) and 119 of the Act, to the extent such authority is needed to carry out the functions delegated under paragraph (1) of this subsection, are delegated to the Director of the Federal Emergency Management Agency. (d) Subject to subsections (a), (b), and (c) of this Section, the functions vested in the President by Sections 104(a), (b), and (c)(4), 113(k), 117(a) and (c), 119, and 121 of the Act are delegated to the Secretaries of Defense and Energy, with respect to releases or threatened releases where either the release is on or the sole source of the release is from any facility or vessel under the jurisdiction, custody or control of their departments, respectively, including vessels bare-boat chartered and operated. These functions must be exercised consistent with the requirements of Section 120 of the Act. (e)( 1) Subject to subsections (a), (b), (c), and (d) of this Section, the functions vested in the President by Sections 104(a), (b), and (c)(4), and 121 of the Act are delegated to the heads of Executive departments and agencies, with respect to remedial actions for releases or threatened releases which are not on the National Priorities List (the NPL’) and removal actions other than emergencies, where either the release is on or the sole source of the release is from any facility or vessel under the jurisdiction, custody or control of those departments and agencies, including vessels bare-boat chartered and operated. The Administrator shall define the term ‘emergency,’ solely for the purposes of this subsection, either by regulation or by a memorandum of understanding with the head of an Executive department or agency. (2) Subject to subsections (b), (c), and (d) of this Section, the functions vested in the President by Sections I 04(b)(2), 113(k), 117(a) and (C), and 119, of the Act are delegated to the heads of Executive departments and agencies, with respect to releases or threatened releases where either the release is on or the sole source of the release is from any facility or vessel under the jurisdiction, custody or control of those departments and agencies, including vessels bare-boat chartered and operated. (0 Subject to subsections (a), (b), (c), (d), and (e) of this Section, the functions vested in the President by Sections 2 ------- 104(a), (b), and (c)(4), 113(k), 117(a) and (c), 119, and 121 of the Act are delegated to the Secretary of the Department in which the Coast Guard is operating (“the Coast Guard”), with respect to any release or threatened release involving the coastal zone, Great Lakes waters, ports, and harbors. (g) Subject to subsections (a), (b), (c), (d), (e), and (t) of this Section, the functions vested in the President by Sections 101(24), 104(a), (b), (c)(4), and (c)(9), 113(k), 117(a) and (c), 119, 121, and 126(b) of the Act are delegated to the Administrator. The Administrator’s authority under Section 119 of the Act is retroactive to the date of enactment of SARA. (h) The functions vested in the President by Section 1 04(c)(3) of the Act are delegated to the Administrator, with respect to providing assurances for Indian tribes, to be exercised in consultation with the Secretary of the Interior. (1) Subject to subsections (d), (e), (f), (g), and (h) of this Section, the functions vested in the President by Section 104(c) and (d) of the Act are delegated to the Coast Guard, the Secretary of Health and Human Services, the Director of the Federal Emergency Management Agency, and the Administrator in order to carry out the functions delegated to them by this Section. (j)( I) The functions vested in the President by Section 1 04(e)(5)(A) are delegated to the heads of Executive departments and agencies, with respect to releases or threatened releases where either the release is on or the sole source of the release is from any facility or vessel under the jurisdiction, custody or control of those departments or agencies, to be exercised with the concurrence of the Attorney General. (2) Subject to subsection (b) of this Section and paragraph (I) of this subsection, the functions vested in the President by Section 104(e) are delegated to the heads of Executive departments and agencies in order to carry out their functions under this Order or the Act. (k) The functions vested in the President by Section 104(f), (g), (h), (1)( 11), and (j) of the Act are delegated to the heads of Executive departments and agencies in order to carry out the functions delegated to them by this Section. The exercise of authority under Section 104(h) of the Act shall be subject to the approval of the Administrator of the Office of Federal Procurement Policy. Sec. 3. Cleanup Schedules. (a) The functions vested in the President by Sections 116(a) and the first two sentences of 105(d) of the Act are delegated to the heads of Executive departments and agencies with respect to facilities under the jurisdiction, custody or control of those departments and agencies. (b) Subject to subsection (a) of this Section, the functions vested in the President by Sections 116 and 105(d) are delegated to the Administrator. Sec. 4. Enforcement (a) The functions vested in the President by Sections 109(d) and I 22(e)(3)(A) of the Act, relating to development of regulations and guidelines, are delegated to the Administrator, to be exercised in consultation with the Attorney General. (b)(l) Subject to subsection (a) of this Section, the functions vested in the President by Section 122 (except subsection (b)( 1) are delegated to the heads of Executive departments and agencies, with respect to releases or threatened releases not on the NPL where either the release is on or the sole source of the release is from any facility under the jurisdiction, custody or control of those Executive departments and agencies. These functions may be exercised only with the concurrence of the Attorney General. (2) Subject to subsection (a) of this Section, the functions vested in the President by Section 109 of the Act, relating to violations of Section 122 of the Act, are delegated to the heads of Executive departments and agencies, with respect to releases or threatened releases not on the NPL where either the release is on or the sole source of the 3 ------- release is from any facility under the jurisdiction, custody or control of those Executive departments and agencies. These functions may be exercised only with the concurrence of the Attorney General. (c)( 1) Subject to subsection (a) and (b)( 1) of this Section, the functions vested in the President by Sections 106(a) and 122 of the Act are delegated to the Coast Guard with respect to any release or threatened release involving the coastal zone, Great Lakes waters, ports, and harbors. (2) Subject to subsection (a) and (b)(2) of this Section, the functions vested in the President by Section 109 of the Act relating to violations of Sections 103 (a) and (b) and 122 of the Act, are delegated to the Coast Guard with respect to any release or threatened release involving the coastal zone, Great Lakes waters, ports, and harbors. (d)(1) Subject to subsections (a), (b)(l). and (c)(1) of this Section, the functions vested in the President by Sections 106 and 122 of the Act are delegated to the Administrator. (2) Subject to subsections (a), (b)(2), and (c)(2) of this Section, the functions vested in the President by Section 109 of the Act, relating to violations of Sections 103 and 122 of the Act, are delegated to the Administrator. (e) Notwithstanding any other provision of this Order, the authority under Sections 104(e)(5)(A) and 106(a) of the Act to seek information, entry, inspection, samples, or response actions from Executive departments and agencies may be exercised only with the concurrence of the Attorney General. Sec. 5. Liability (a) The function vested in the President by Section 107(c)(l)(C) of the Act is delegated to the Secretary of Transportation. (b) The functions vested in the President by Section 1 07(c)(3) of the Act are delegated ‘to the Coast Guard with respect to any release or threatened release involving the coastal zone, Great Lakes waters, ports, and harbors. (c) Subject to subsection (b) of this Section, the functions vested in the President by Section 1 07(c)(3) of the Act are delegated to the Administrator. (d) The functions vested in the President by Section 107(0(1) of the Act are delegated to each of the Federal trustees for natural resources designated in the NCP for resources under their trusteeship. (e) The functions vested in the President by Section 1 07(f)(2)(B) of the Act, to receive notification of the state natural resource trustee designations, are delegated to the Administrator. Sec. 6. Litigation. (a) Notwithstanding any other provision of this Order, any representation pursuant to or under this Order in any judicial proceedings shall be by or througb the Attorney General. The conduct and control of all litigation arising under the Act shall be the responsibility of the Attorney General. (b) Notwithstanding any other provision of this Order, the authority under the Act to require the Attorney General to commence litigation is retained by the President. (c) The functions vested in the President by Section 133(g) of the Act, to receive notification of a natural resource trustee’s intent to file suit, are delegated to the heads of Executive departments and agencies with respect to response actions for which they have been delegated authority under Section 2 of this Order. The Administrator shall promulgate procedural regulations for providing such notification. (d) The functions vested in the President by Sections 310 (d) and (e) of the Act, relating to promulgation of regulations, are delegated to the Administrator. Sec. 7. Financial Responsibility (a) The functions vested in the President by Section l07(k)(4)(B) of the Act are 4 ------- delegated to the Secretary of the Treasury. The Administrator will provide the Secretary with such technical information and assistance as the Administrator may have available. (b)( 1) The functions vested in the President by Section 1 08(a)( 1) of the Act are delegated to the Coast Guard. (2) Subject to Section 4(a) of this Order, the functions vested in the President by Section 109 of the act,.relating to violations of Section 108(a)(1) of the Act, are delegated to the Coast Guard. (c)( 1) The functions vested in the President by Section 108(b) of the Act are delegated to the Secretary of Transportation with respect to all transportation-related facilities, including any pipeline, motor vehicle, rolling stock, or aircraft. (2) Subject to Section 4(a) of this Order, the functions vested in the President by Section log of the Act, relating to violations of Section 1 08(a)(3) of the Act, are delegated to the Secretary of Transportation. (3) Subject to Section 4(a) of this Order, the functions vested in the President by Section 109 of the Act, relating to violations of Section 108(b) of the Act, are delegated to the Secretary of Transportation with respect to all transportation-related facilities, including any pipeline, motor vehicle, rolling stock, or aircraft. (d)( 1) Subject to subsection (c)( I) of this Section, the functions vested in the President by Section 108 (a)(4) and (b) of the Act are delegated to the Administrator. (2) Subject to Section 4(a) of this Order and subsection (c)(3) of this Section, the functions vested in the President by Section 109 of the Act, relating to violations of Section 108 (a)(4) and (b) of the Act, are delegated to the Administrator. Sec. 6. Employee Protection and Notice to Injured. (a) The functions vested in the President by Section 110(e) of the Act are delegated to the Administrator. (b) The functions vested in the President by Section 111(g) of the Act are delegated to the Secretaries of Defense and Energy with respect to releases from facilities or vessels under the jurisdiction, custody or control of their departments, respectively, including vessels bare-boat chartered and operated. (c) Subject to subsection (b) of this Section, the functions vested in the President by Section 111(g) of the Act are delegated to the Administrator. Sec. 9. Management of the Hazardous Substance Superfund and Claims (a) The functions vested in the President by Section 111(a) of the Act are delegated to the Administrator, subject to the provisions of this Section and other applicable provisions of this Order. (b) The Administrator shall transfer to other agencies, from the Hazardous Substance Supertlind out of sums appropriated, such amounts as the Administrator may determine necessary to carry out the purposes of the Act. These amounts shall be consistent with the President’s Budget, within the total approved by the Congress, unless a revised amount is approved by 0MB. Funds appropriated specifically for the Agency for Toxic Substances and Disease Registry (“ATSDR”), shall be directly transferred to ATSDR, consistent with fiscally responsible investment of trust fund money. (c) The Administrator shall chair a budget task force composed of representatives of Executive departments and agencies having responsibilities under this Order or the Act. The Administrator shall also, as part of the budget 5 ------- request for the Environmental Protection Agency, submit to 0MB a budget for the Hazardous Substance Superfund which is based on recommended levels developed by the budget task force. The Administrator may prescribe reporting and other forms, procedures, and guidelines to be used by the agencies of the Task Force in preparing the budget request, consistent with budgetary reporting requirements issued by 0MB. The Administrator shall prescribe forms to agency task force members for reporting the expenditure of funds on a site-specific basis. (d) The Administrator and each department and agency head to whom funds are provided pursuant to this Section, with respect to funds provided to them, are authorized in accordance with Section 111(f) of the Act to designate Federal officials who may obligate such funds. (e) The functions vested in the President by Section 112 of the Act are delegated to the Administrator for all claims presented pursuant to Section 111 of the Act. (f) The functions vested in the President by Section 111(o) of the Act are delegated to the Administrator. (g) The functions vested in the President by Section 117(e) of the Act are delegated to the Administrator, to be exercised in consultation with the Attorney General. (h) The functions vested in the President by Section 123 of the Act are delegated to the Administrator. (1) Funds from the Hazardous Substance Superfund may be used, at the discretion of the Administrator or the Coast Guard, to pay for removal actions for releases or threatened releases from facilities or vessels under the jurisdiction, custody or control of Executive departments and agencies but must be reimbursed to the Hazardous Substance Superfund by such Executive department or agency. Sec. 10. Federal Facilities. (a) When necessary, prior to selection of a remedial action by the Administrator under Section 1 20(e)(4)(A) of the Act, Executive agencies shall have the opportunity to present their views to the Administrator after using the procedures under Section 1-6 of Executive Order No. 12088 of October 13, 1978, or any other mutually acceptable process. Notwithstanding subsection 1-602 of Executive Order No. 12088, the Director of the Office of Management and Budget shall facilitate resolution of any issues. (b) Executive Order No. 12088 of October 13, 1978, is amended by renumbering the current Section 1-802 as Section 1-803 and inserting the following new Section 1-802: UI -802. Nothing in this Order shall create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.” Sec. 11. General Provisions. (a) The function vested in the President by Section 101(37) of the Act is delegated to the Administrator. (b)(1) The function vested in the President by Section 105(t) of the Act, relating to reporting on minority participation in contracts, is delegated to the Administrator. (2) Subject to paragraph 1 of this subsection, the functions vested in the President by Section 105(f) of the Act are delegated to the heads of Executive departments and agencies in order to carry out the functions delegated to them by this Order. Each Executive department and agency shall provide to the Administrator any requested information on minority contracting for inclusion in the Section 105(1) annual report. (c) The functions vested in the President by Section 126(c) of the Act are delegated to the Administrator, to be exercised in consultation with the Secretary of the Interior. 6 ------- (d) The functions vested in the President by Section 301(c) of the Act are delegated to the Secretary of the Interior. (e) Each agency shall have authority to issue such regulations as may be necessary to carry out the functions delegated to them by this Order. (f) The performance of any function under this Order shall be done in consultation with interested Federal departments and agencies represented on the NRT, as well as with any other interested Federal agency. (g) The following functions vested in the President by the Act which have been delegated or assigned by this Order may be redelegated to the head of any Executive department or agency with his consent. functions set forth in Sections 2 (except subsection (b)), 3, 4(b), 4(c), 4(d), 5(b), 5(c), and 8(c) of this Order. (h) Executive Order No. 12316 of August 14, 1981, is revoked. THE WHITE HOUSE, January23, 1987. 7 ------- THE WHITE HOUSE Office of the Press Secretary For Immediate Release August 28, 1996 EXECUTIVE ORDER AMENDMENT TO EXECUTIVE ORDER NO. 12580 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 115 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601 et seq.) (the “Act”), and section 301 of title 3, United States Code, I hereby order that Executive Order No. 12580 of January 23, 1987, be amended by adding to section 4 the following new subsections: Section 1 . A new subsection (c)(3) is added to read as follows: “(3) Subject to subsections (a) and (b)( 1) of this section, the functions vested in the President by sections 106(a) and 122 (except subsection (b)( 1)) of the Act are delegated to the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, the Secretary of Defense, and the Secretary of Energy, to be exercised only with the concurrence of the Coast Guard, with respect to any release or threatened release in the coastal zone, Great Lakes waters, ports, and harbors, affecting (1) natural resources under their trusteeship, or (2) a vessel or facility subject to their custody, jurisdiction, or control. Such authority shall not be exercised at any vessel or facility at which the Coast Guard is the lead Federal agency for the conduct or oversight of a response action. Such authority shall not be construed to authorize or permit use of the Hazardous Substance Superfund to implement section 106 or to fund performance of any response action in lieu of the payment by a person who receives but does not comply with an order pursuant to section 106(a), where such order has been issued by the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, the Secretary of Defense, or the Secretary of Energy. This subsection shall not be construed to limit any authority delegated by any other section of this order. Authority granted under this subsection shall be exercised in a manner to ensure interagency coordination that enhances efficiency and effectiveness.” Sec. 2 . A new subsection (d)(3) is added to section 4 to read as follows: (3) Subject to subsections (a), (b)( 1), and (c)( 1) of this section, the functions vested in the President by sections 106(a) and 122 (except subsection (b)( 1)) of the Act are ------- delegated to the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, the Secretary of Defense, and the Secretary of Energy, to be exercised only with the concurrence of the Administrator, with respect to any release or threatened release affecting (1) natural resources under their trusteeship, or (2) a vessel or facility subject to their custody, jurisdiction, or control. Such authority shall not be exercised at any vessel or facility at which the Administrator is the lead Federal official for the conduct or oversight of a response action. Such authority shall not be construed to authorize or permit use of the Hazardous Substance Superfund to implement section 106 or to fund performance of any response action in lieu of the payment by a person who receives but does not comply with an order pursuant to section 106(a), where such order has been issued by the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, the Secretary of Defense, or the Secretary of Energy. This subsection shall not be construed to limit any authority delegated by any other section of this order. Authority granted under this subsection shall be exercised in a manner to ensure interagency coordination that enhances efficiency and effectiveness. WILLIAM J. CLiNTON THE WHITE HOUSE August 28, 1996 ------- CERCLA http./Iwww epa gov/swerlTrr/doclnewsect him COMPREHENSIVE ENVIRONMENTAL RESPONSE COMPENSATION, AND LIABILITY ACT (42 U.S.C. §9620)-SECTION 120 FEDERAL FACILITIES SEC. 120 (a) APPLICATION OF ACT TO FEDERAL GOVERNMENT -- (1) iN GENERAL. -- Each department, agency, and instrumentality of the United States (including the executive, legislative, and judicial branches of government) shall be subject to, and comply with, this Act in the same manner and to the same extent, both procedurally and substantively, as any non governmental entity, including liability under section 107 of this Act. Nothing in this section shall be construed to affect the liability of any person or entity under sections 106 and 107. (2) APPLICATION OF REQUIREMENTS TO FEDERAL FACILITIES. -- All guidelines, rules, regulations, and criteria which are applicable to preliminary assessments carried out under this Act for facilities at which hazardous substances are located, applicable to evaluations of such facilities under the National Contingency Plan, applicable to inclusion on the National Priorities List, or applicable to remedial actions at such facilities shall also be applicable to facilities which are owned or operated by a department, agency, or instrumentality of the United States in the same manner and to the extent as such guidelines, rules, regulations, and criteria are applicable to other facilities. No department, agency, or instrumentality of the United States may adopt or utilize any such guidelines, rules, regulations, or criteria which are inconsistent with the guidelines, rules, regulations, and criteria established by the Administrator under this Act. (3) EXCEPTIONS. -- This subsection shall not apply to the extent otherwise provided in this section with respect to applicable time periods. This subsection shall also not apply to any requirements relating to bonding, insurance, or financial responsibility. Nothing in this Act shall be construed to require a State to comply with section 1 04(c)(3) in the case of a facility which is owned or operated by any department, agency, or instrumentality of the United States. (4) STATE LAWS. -- State laws concerning removal and remedial action, including State laws regarding enforcement, shall apply to removal and remedial action at facilities owned or operated by a department, agency, or instrumentality of the United States when such facilities are not included on the National Priorities List. The preceding sentence shall not apply to the extent a State law would apply any standard or requirement to such facilities which is more stringent than the standards and requirements applicable to facilities which are not owned or operated by any such department, agency, or instrumentality. (b) NOTICE. -- Each department, agency, and instrumentality of the United States shall add to the inventory of Federal agency hazardous waste facilities required to be submitted under section 3016 of the Solid Waste Disposal Act (in addition to the information required under section 301 6(a)(3) of such Act) information on contamination from each facility owned or operated by the department, agency, or instrumentality if such contamination affects contiguous or adjacent property owned by the department, agency, or instrumentality or by any other person, including a description of the monitoring data obtained. (c) FEDERAL AGENCY HAZARDOUS WASTE COMPLIANCE DOCKET. -- The Administrator shall establish a special Federal Agency Hazardous Waste Compliance Docket (hereinafter in this section referred to as the “docket”) which shall contain each of the following: (1) All information submitted under section 3016 of the Solid Waste Disposal Act and subsection (b) of this section regarding any Federal facility and notice of each subsequent action taken under this I of 10 10/25/99 L22PrV ------- CERCLA http://www epa.gov/swerffrrldoc/ncwsect.htrn Act with respect to the facility. (2) Information submitted by each department, agency, or instrumentality of the United States under section 3005 or 3010 of such Act. (3) Information submitted by the department, agency, or instrumentality under section 103 of this Act. The docket shall be available for public inspection at reasonable times. Six months after establishment of the docket and every 6 months thereafter, the Administrator shall publish in the Federal Register a list of the Federal facilities which have been included in the docket during the immediately preceding 6-month period. Such publication shall also indicate where in the appropriate regional office of the Environmental Protection Agency additional information may be obtained with respect to any facility on the docket. The Administrator shall establish a program to provide information to the public with respect to facilities which are included in the docket under this subsection. (d) ASSESSMENT AND EVALUATION. -- (1) IN GENERAL. -- The Administrator shall take steps to assure that a preliminary assessment is conducted for each facility on the docket. Following such preliminary assessment, the Administrator shall, where appropriate -- (A) evaluate such facilities in accordance with the criteria established in accordance with section 105 under the National Contingency Plan for determining priorities among releases; and (B) include such facilities on the National Priorities List maintained under such plan if the facility meets such criteria. (2) APPLICATION CRITERIA. -- (A) iN GENERAL. -- Subject to subparagraph (B), the criteria referred to in paragraph (1) shall be applied to facilities that are owned or operated by persons other than the United States. (B) RESPONSE UNDER OTHER LAW. -- It shall be an appropriate factor to be taken into consideration for the purposes of section 105(a)(8)(A) that the head of the department, agency, or instrumentality that owns or operates a facility has arranged with the Administrator or appropriate State authorities to respond appropriately, under authority of a law other than this Act, to release or threatened release of a hazardous substance. (3) COMPLETION. -- Evaluation and listing under this subsection shall be completed in accordance with a reasonable schedule established by the Administrator. (e) REQUIRED ACTION BY DEPARTMENT. -- (1) RJ/FS. -- Not later than 6 months after the inclusion of any facility on the National Priorities List, the department, agency, or instrumentality which owns or operates such facility shall, in consultation with the Administrator and appropriate State authorities, commence a remedial investigation and feasibility study for such facility. In the case of any facility which is listed on such agency, or instrumentality which owns or operates such facility shall, in consultation with the Administrator and appropriate State authorities, commence such an investigation and study for such facility within one 2ofIO 10/25/99 1:22 PM ------- CERCLA http://www.epa.gov/swerfTh/doclnewsect htm year after such date of enactment. The Administrator and appropriate State authorities shall publish a timetable and deadlines for expeditious completion of such investigation and study. (2) COMMENCEMENT OF REMEDIAL ACTION; iNTERAGENCY AGREEMENT. -- The Administrator shall review the results of each investigation and study conducted as provided in paragraph (I). Within 180 days thereafter, the head of the department, agency, or instrumentality concerned shall enter into an interagency agreement with the Administrator for the expeditious completion by such department, agency, or instrumentality of all necessary remedial action at such facility. Substantial continuous physical onsite remedial action shall be commenced at each facility not later than 15 months after completion of the investigation and study. All such interagency agreements, including review of alternative remedial action plans and selection of remedial action, shall comply with the public participation requirements of section 117. (3) COMPLETION OF REMEDIAL ACTIONS. -- Remedial actions at facilities subject to interagency agreements under this section shall be completed as expeditiously as practicable. Each agency shall include in its annual budget submissions to the Congress a review of alternative agency funding which could be used to provide for the costs of remedial action. The budget submission shall also include a statement of the hazard posed by the facility to human health, welfare, and the environment and identif ’ the specific consequences of failure to begin and complete remedial action. (4) CONTENTS OF AGREEMENT. -- Each interagency agreement under this subsection shall include, but shall not be limited to, each of the following: (A) A review of alternative remedial actions and selection of a remedial action by the head of the relevant department, agency, or instrumentality and the Administrator or, if unable to reach agreement on selection of a remedial action, selection by the Administrator. (B) A schedule for the completion of each such remedial action. (C) Arrangements for long-term operation and maintenance of the facility. (5) ANNUAL REPORT. -- Each department, agency, or instrumentality responsible for compliance with this section shall furnish an annual report to the Congress concerning its progress in implementing the requirements of this section. Such reports shall include, but shall not be limited to, each of the following items: (A) A report on the progress in reaching interagency agreements under this section. (B) The specific cost estimates and budgetary proposals involved in each interagency agreement. (C) A brief summary of the public comments regarding each proposed interagency agreement. (D) A description of the instances in which no agreement was reached. (E) A report on progress in conducting investigations and studies under paragraph (1). (F) A report on progress in conducting remedial actions. (G) A report on progress in conducting remedial action at facilities which are not listed on the National Priorities List. 3ofIO 10/25/99 1:22PM ------- CERCLA http.//www epa.gov/swerffrr/doclnewsect htm With respect to instances in which no agreement was reached within the required time period, the department, agency, or instrumentality filing the report under this paragraph shall include in such report an explanation of the reasons why no agreement was reached. The annual report required by this paragraph shall also contain a detailed descnption on a State-by-State basis of the status of each facility subject to this section, including a description of the hazard presented by each facility, plans and schedules for initiating and completing response action, enforcement status (where appropriate), and an explanation of any postponements or failure to complete response action. Such reports shall also be submitted to the affected States. (6) SETTLEMENTS WITH OTHER PARTiES. -- If the Administrator, in consultation with the head of the relevant department, agency, or instrumentality of the United States, determines that remedial investigations and feasibility studies or remedial action will be done properly at the Federal facility by another potentially responsible party within the deadlines provided in paragraphs (1), (2), and (3) of this subsection, the Administrator may enter into an agreement with such party under section 122 (relating to settlements). Following approval by the Attorney General of any such agreement relating to a remedial action, the agreement shall be entered in the appropriate United States district court as a consent decree under section 106 of this Act. (1) STATE AND LOCAL PARTICIPATION. -- The Administrator and each department, agency, or instrumentality responsible for compliance with this section shall afford to relevant State and local officials the opportunity to participate in the planning and selection of the remedial action, including but not limited to the review of all applicable data as it becomes available and the development of studies, reports, and action plans. In the case of State officials, the opportunity to participate shall be provided in accordance with section 121. (g) TRANSFER OF AUTHORITIES. -- Except for authorities which are delegated by the Administrator to an officer or employee of the Environmental Protection Agency, no authority vested in the Administrator under this section may be transferred, by executive order of the President or otherwise, to any other officer or employee of the United States or to any other person. (h) PROPERTY TRANSFERRED BY FEDERAL AGENCIES. -- (1) NOTICE. -- After the last day of the 6-month period beginning on the effective date of regulations under paragraph (2) of this subsection, whenever any department, agency, or instrumentality of the United States enters into any contract for the sale or other transfer of real property which is owned by the United States and on which any hazardous substance was stored for one year or more, known to have been released, or disposed of, the head of such department, agency, or instrumentality shall include in such contract notice of the type and quantity of such hazardous substance and notice of the time at which such storage, release, or disposal took place, to the extent such information is available on the basis of a complete search of agency files. (2) FORM OF NOTICE; REGULATIONS. -- Notice under this subsection shall be provided in such form and manner as may be provided in regulations promulgated by the Administrator. As promptly as practicable after the enactment of this subsection but not later than 18 months after the date of such enactment, and after consultation with the Administrator of the General Services Administration, the Administrator shall promulgate regulations regarding the notice required to be provided under this subsection. (3) CONTENTS OF CERTAiN DEEDS. -- 4of 10 10/25/99 1.22 PM ------- CERCLA http://www.epa gov/swerffrr/doc/newsect him (A) IN GENERAL. -- After the last day of the 6-month period beginning on the effective date of regulations under paragraph (2) of this subsection, in the case of any real property owned by the United States on which any hazardous substance was stored for one year or more, known to have been released, or disposed of, each deed entered into for the transfer of such property by the United States to any other person or entity shall contain -- (1) to the extent such information is available on the basis of a complete search of agency files -- (I) a notice of the type and quantity of such hazardous substances, (II) notice of the time at which such storage, release, or disposal took place, arid (Ill) a description of the remedial action taken, if any; (ii) a covenant warranting that (I) all remedial action necessary to protect human health and the environment with respect to any such substance remaining on the property has been taken before the date of such transfer, and (II) any additional remedial action found to be necessary after the date of such transfer shall be conducted by the United States. The requirements of subparagraph (B)shall not apply in any case in which the person or entity to whom the property is transferred is a potentially responsible party with respect to such real property; and (iii) a clause granting the United States access to the property in any case in which remedial action or corrective action is found to be necessary after the date of such transfer. (B) COVENANT REQUIREMENTS. -- For purposes of Subparagraphs (A)(ii)(I) and (C)(iii), all remedial action described in such subparagraph has been taken if the construction and installation of an approved remedial design has been completed, and the remedy has been demonstrated to the Administrator to be operating properly and successfully. The carrying out of long-term pumping and treating, or operation and maintenance, after the remedy has been demonstrated to the Administrator to be operating properly and successfully does not preclude the transfer of property. The requirements of subparagraph (A)(ii) shall not apply in any case in which the person or entity to whom the real property is transferred is a potentially responsible party with respect to such property. The requirements of subparagraph (A)(ii) shall not apply in any case in which the transfer of the property occurs or has occurred by means of a lease, without regard to whether the lessee has agreed to purchase the property or whether the duration of the lease is longer than 55 years. In the case of a lease entered into after September 30, 1995 with respect to real property located at an installation approved for closure or realignment under a base closure law, the agency leasing the property, in consultation with the Administrator, shall determine before leasing the property that the property is suitable for lease, that the uses contemplated for the lease are consistent with protection of human health and the environment, and that there are adequate assurances that the United States will take all remedial action referred to in subparagraph(A)(ii) that has not been taken on the date of the lease. 5oflO 10125/99 1 22PM ------- CERCLA http //www.epa govlswerffrrldoclnewsect him (C) DEFERRAL. (i) iN GENERAL. -- The Administrator, with the concurrence of the Governor of the State in which the facility is located (in the case of real property at a Federal facility that is listed on the National Priorities List), or the Governor of the State in which the facility is located (in the case of real property at a Federal facility not listed on the National Priorities List) may defer the requirement of subparagraph (A)(ii)(I) with respect to the property if the Administrator or the Governor, as the case may be, determines that the property is suitable for transfer, based on a finding that - (I) the property is suitable for transfer for the use intended by the transferee, and the intended use is consistent with protection of human health and the environment; (II) the deed of other agreement proposed to govern the transfer between the United States and the transferee of the property contains the assurances set forth in clause ii; (Ill) the Federal agency requesting deferral has provided notice, by publication in a newspaper of general circulation in the vicinity of the property, of the proposed transfer and of the opportunity for the public to submit, within a period of not less than 30 days after the date of notice, written comments on the suitability of the property for transfer; and ( IV) the deferral and the transfer of the property will not substantially delay any necessary response action at the property. (ii) RESPONSE ACTION ASSURANCES. -- With regard to a release or threatened release of a hazardous substance for which a Federal agency is potentially responsible under this section, the deed or other agreement proposed to govern the transfer shall contain assurances that - (I) provide for any necessary restrictions on the use of the property to ensure the protection of human health and the environment; (II) provide that there will be restrictions on use necessary to ensure that required remedial investigations, response action, and oversight activities will not be disrupted; (III) provide that all necessary response action will be taken and identify the schedules for investigation and completion of all necessary response action as approved by the appropriate regulatory agency; and (IV) provide that the Federal agency responsible for the property subject to transfer will submit a budget request to the Director of the Office of Management and Budget that adequately addresses schedules for investigation and completion of all necessary response action, subject to congressional authorizations and appropriations. (iii) WARRANTY. -- When all response action necessary to protect human health and 6ofIO 10/25/99 122PM ------- CERCLA http//www epa gov/swerffrrldocinewsect htm 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 subparagraph (A)(ii)(I). (iv) FEDERAL RESPONSIBILITY. -- A deferral under this subparagraph shall not increase, diminish, or affect in any manner any rights or obligations of a Federal agency (including any rights or obligations under sections 9606, 9607, and this section existing prior to transfer) with respect to a property transferred under this paragraph. (4) IDENTIFICATION OF UNCONTAMiNATED PROPERTY. -- (A) In the case of real property to which this paragraph applies (as set forth in subparagraph (E)), the head of the department, agency, or instrumentality of the United States with jurisdiction over the property shall identify the real property on which no hazardous substances and no petroleum products or their derivatives were known to have been released, or disposed of. Such identification shall be based on an investigation of the real property to determine or discover the obviousness of the presence or likely presence of a release or threatened release of any hazardous substance or any petroleum product or its derivatives, including aviation fuel and motor oil, on the real property. The identification shall consist, at a minimum, of a review of each of the following sources of information concerning the current and previous uses of the real property: (i) A detailed search of Federal Government records pertaining to the property. (ii) Recorded chain of title documents regarding the real property. (iii) Aerial photographs that may reflect prior uses of the real property and that are reasonably obtainable through State or local govenunent agencies. (iv) A visual inspection of the real property and any buildings, structures, equipment, pipe, pipeline, or other improvements on the real property, and a visual inspection of properties immediately adjacent to the real property. (v) A physical inspection of property adjacent to the real property, to the extent permitted by owners or operators of such property. (vi) Reasonably obtainable Federal, State, and local government records of each adjacent facility where there has been a release of any hazardous substance or any petroleum product or its derivatives, including aviation fuel and motor oil, and which is likely to cause or contribute to a release or threatened release of any hazardous substance or any petroleum product or its derivatives, including aviation fuel and motor oil, on the real property. (vii) Interviews with current or former employees involved in operations on the real property. Such identification shall also be based on sampling, if appropriate under the circumstances. The results of the identification shall be provided immediately to the Administrator and State 7of 10 10/25/99 1.22 PM ------- CERCLA http://www.epa.gov/swerffir/doc/newsect him and local government officials and made available to the public. (B) The identification required under subparagraph (A) is not complete until concurrence in the results of the identification is obtained, in the case of real property that is part of a facility on the National Priorities List, from the Administrator, or, in the case of real property that is not part of a facility on the National Priorities List, from the appropriate State official. In the case of a concurrence which is required from a State official, the concurrence is deemed to be obtained if, within 90 days after receiving a request for the concurrence, the State official has not acted (by either concurring or declining to concur) on the request for concurrence. (C) (i) Except as provided in clauses (ii), (iii), and (iv), the identification and concurrence required under subparagraphs (A) and (B), respectively, shall be made at least 6 months before the termination of operations on the real property. (ii) In the case of real property described in subparagraph (E)(I)(II) on which operations have been closed or realigned or scheduled for closure or realignment pursuant to a base closure law described in subparagraph (E)(ii)(I) or (E)(ii)(II) by the date of the enactment of the Community Environmental Response Facilitation Act the identification and concurrence required under subparagraphs (A) and (B), respectively, shall be made not later than 18 months after such date of enactment. (iii) In the case of real property described in subparagraph (E)(I)(II) on which operations are closed or realigned or become scheduled for closure or realignment pursuant to the base closure law described in subparagraph (E)(ii)(II) after the date of the enactment of the Community Environmental Response Facilitation Act, the identification and concurrence required under subparagraphs (A) and (B), respectively, shall be made not later than 18 months after the date by which a joint resolution disapproving the closure or realignment of the real property under section 2904(b) of such base closure law must be enacted, and such a joint resolution has not been enacted. (iv) In the case of real property described in subparagraphs (E)(I)(II) on which operations are closed or realigned pursuant to a base closure law described in subparagraph (E)(ii)(Ill) or (E)(ii)(IV), the identification and concurrence required under subparagraphs (A) and (B), respectively, shall be made not later than 18 months after the date on which the real property is selected for closure or realignment pursuant to such a base closure law. (D) In the case of the sale or other transfer of any parcel of real property identified under subparagraph (A), the deed entered into for the sale or transfer of such property by the United States to any other person or entity shall contain -- (i) a covenant warranting that any response action or corrective action found to be necessary after the date of such sale or transfer shall be conducted by the United States; and (ii) a clause granting the United States access to the property in any case in which a response action or corrective action is found to be necessary after such date at such property, or such access is necessary to carry out a response action or corrective action on adjoining property. 8of 10 10/25/99 1.22 PM ------- CERCLA http://www.epa.gov/swerffrrldoclnewsect htm (E) (i) This paragraph applies to -- (I) real property owned by the United States and on which the United States plans to terminate Federal Government operations, other than real property described in subclause (II); and (II) real property that is or has been used as a military installation and on which the United States plans to close or realign military operations pursuant to a base closure law. (ii) For purposes of this paragraph, the term “base closure law” includes the following: (I) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note). (II) The Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note). (III) Section 2687 of title 10, United States Code. (IV) Any provision of law authorizing the closure or realignment of a military installation enacted on or after the date of enactment of the Community Environmental Response Facilitation Act. (F) Nothing in this paragraph shall affect, preclude, or otherwise impair the termination of Federal Government operations on real property owned by the United States. (5) NOTIFICATION OF STATES REGARDING CERTAIN LEASES. -- In the case of real property owned by the United States, on which any hazardous substance or any petroleum product or its derivatives (including aviation fuel and motor oil) was stored for one year or more, known to have been released, or disposed of, and on which the United States plans to terminate Federal Government operations, the head of the department, agency, or instrumentality of the United States with jurisdiction over the property shall notify the State in which the property is located of any lease entered into by the United States that will encumber the property beyond the date of termination of operations on the property. Such notification shall be made before entering into the lease and shall include the length of the lease, the name of person to whom the property is leased, and a description of the uses that will be allowed under the lease of the property and buildings and other structures on the property. (i) OBLIGATIONS UNDER SOLID WASTE DISPOSAL ACT. -- Nothing in this section shall affect or impair the obligation of any department, agency, or instrumentality of the United States to comply with any requirement of the Solid Waste Disposal Act (including corrective action requirements). (j) NATIONAL SECURITY. -- (I) SITE SPECIFIC PRESIDENTIAL ORDERS. The President may issue such orders regarding response actions at any specified site or facility of the Department of Energy or the Department of Defense as may be necessary to protect the national security interests of the United States at that site or facility. Such orders may include, where necessary to protect such interests, an exemption from any requirement contained in this title or under title III of the Superfund Amendments and 9 of 10 10/25/99 1 22 PM ------- CERCLA http.//www.epa.gov/swerflrr/doc/newsect.htm Reauthorization Act of 1986 with respect to the site or facility concerned. The President shall notify the Congress within 30 days of the issuance of an order under this paragraph providing for any such exemption. Such notification shall include a statement of the reasons for the granting of the exemption. An exemption under this paragraph shall be for a specified period which may not exceed one year. Additional exemptions may be granted, each upon the President’s issuance of a new order under this paragraph for the site or facility concerned. Each such additional exemption shall be for a specified period which may not exceed one year. It is the intention of the Congress that whenever an exemption is issued under this paragraph the response action shall proceed as expeditiously as practicable. The Congress shall be notified periodically of the progress of any response action with respect to which an exemption has been issued under this paragraph. No exemption shall be granted under this paragraph due to lack of appropriation unless the President shall have specifically requested such appropriation as a part of the budgetary process and the Congress shall have failed to make available such requested appropriation. (2) CLASSIFIED iNFORMATION. Notwithstanding any other provision of law, all requirements of the Atomic Energy Act and all Executive orders concerning the handling of restricted data and national security information, including “need to know” requirements, shall be applicable to any grant of access to classified information under the provisions of this Act or under title III of the Superfund Amendments and Reauthorization Act of 1986. C1eanu Compendium Table of Contents IFFRRO Initiatives & Guidance I FFRRO Laws & Re ulationsI ( EPA Home I OS VER Home I Superfinid Home I FFRRO Homel I Search EPA I Search Superfund I Contact Us I URL: http://www.epa.gov/swerffrr/doc/newsect.htm This page last updated on April 17, 1998 Web Page maintained by Federal Facilities Restoration and Reuse Office Comments: kelly. sheila d epainail. epa.gov . lOof 10 10/25/99 1:22PM ------- |