ip -
Federal FacilIties
Remediation Course
Participant Manual
CERCLA Education Center
Technology InnovatiOn Office and
Federal Facility Restoration and Reuse Office
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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

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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)

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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

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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.
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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
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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/
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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
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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.
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Five-Year Review
Purpose and Requirements
•CERCLA and NCP Requirements
• Types of Reviews
Statutory reviews
Policy reviews
EPA 5.3
Notes:
5-3

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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

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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

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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

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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

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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

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Five-Year Review
Assessing the Protectiveness of the
Selected Remedy
• Determining protectiveness
• “Not protective” situations
• Protectiveness statements
EPA 5.9
Notes:
5-9

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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

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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

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6. Federal Property Transfer

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Federal Property Transfer
Module 6:
Federal Property Transfer
EPA 6-1
Notes:
6 -1

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Unexploded Ordnance ( UXO )
UXO Risks and Risk Assessment:
Three Components
• UXO exposure
• UXO detonation
• Consequences of UXO detonation
EPA 9-13
Notes:
9-13

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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

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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

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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

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10. ea - . ase a nt

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Lead-Based Paint
Module 10:
Lead-Based Paint
, EPA 10-1
Notes:
10-1

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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

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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

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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

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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

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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

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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

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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

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Lead-Based Paint
Implementation Issues
•Joint EPA /D0D Field Guide Requirements (Draft)
Inspection
Risk assessment
• Work practice standards
EPA
Notes:
10-9

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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

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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

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Lead-Based Paint
No Further Action (NFA)
• Situations where NFA is applicable
EPA 10.12
Notes:
10-12

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Lead-Based Paint
Interim Controls
• Situations where interim controls are applicable
•The basic elements of interim controls
EPA 10-13
Notes:
10-13

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Lead-Based Paint
Abatement
• Situations where abatement is applicable
•The basic elements of abatement
EPA 10-14
Notes:
10-14

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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;

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(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

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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

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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

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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

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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.
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(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.
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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

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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

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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
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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
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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.
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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. --
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(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.
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(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
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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
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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.
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(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
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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.
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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

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