United States Environmental Protection Agency Office of Solid Waste and Emergency Response Publication 9200.5-2151 March 1990 Superfund Design and Construction Update Office of Emergency and Remedial Response Hazardous Site Control Division OS - 220 Intermittent Bulletin Volume 4 Number 1 REMEDIAL ACTION PRIORITIZATION Prior to fiscal year 1989, the Superfund program had sufficient funding to support all remedial actions that were ready for implementation. However, the remedial action (RA)budgetforFY89 was severely curtailed. By the fourth quarter, it ap- peared that for the first time, funding was not sufficient to cover all of the RA proj- ects ready for funding. Because of the in- adequate funding and the recommenda- tions of the Superfund Management Review (90-day study) for addressing the worst sites first, a pnoritization process was developed so that funds could be al- located among RA projects on the basis of environmental and public health para- meters. A ranking scheme for prioritizing projects was developed. It consists of five catego- ries and is based on the immanence and risk level of the threat posed at a site. A workgroup composed of one senior management representative from each Region and three from OERR was estab- lished to implement the process. The workgroup was charged to meet at least twice annually to evaluate each candidate site and to rank the site on the priorities list. Sites are now funded in ranked order during the year. To initiate the funding process, a Region must submit descriptions of the sites and explanations of how the sites meet the criteria for the funding category proposed by the Region to the workgroup. After a site is ranked, the Region must obtain an RA Advice of Allowance. This will be is- sued when three criteria are met. The criteria are: (1) the remedial design must be at least 90 percent complete, (2) the Superfund State Contract (SSC) must be in place, and (3) the State Capacity Assur- ance Plan must be approved. There are two exceptions to the ranking process. One exception applies if the project is determined to be ongoing. For example, this would apply when a con- tract has been awarded and additional funding is requiredforcovering increased quantities. Funding is guaranteed so that work will not stop. The other excep- tion applies to projects of less than $2.5 million that meet the criteria for issuing an Advice of Allowance. These projects can be funded out of order from a portion of the RA funds set aside to help expedite responses. Any questions concerning RA prioritiza- tion should be addressed to a Regional workgroup member or to Tom Sheckells or Ken Ayers of OERR at FTS 382-2466 or 475-6707, respectively. NEW DEVELOPMENTS IN STATE AND LOCAL SUPERFUND INTERACTION Superfund sites have been, and will continue to be, of interest and concern to people in surrounding communities and to the general public. Information may be limited, and citizens often feel that the government is unconcerned about their problems and uninterested in truly clean- ing up the contaminated area. Often sites are not identifiable as hazardous waste sites because visible drums have been removed or contamination is concealed below the surface. In addition, a cleanup can be long and uneventful, leaving the impression that no action is being taken. Increasing the public's awareness is necessary to counteract widespread Printed on Recycled Paper confusion about Superfund projects, pre- vent dissemination of wrong or falsely rep- resented information, and prevent acci- dents. The most recent, easiest, and per- haps fastest way to inform and educate interested parties is posting signs at every Superfund site. At each Superfund program area, regard- less of site lead, EPA will require a sign to be posted that: • Identifies the site as an EPA Superfund project, and • Provides a phone numberfor reporting criminal or suspicious activities If necessary, the lead agency may use the EPA Inspector General's toll-free num- ber (800-424-4000), but, if available, a State or Regional contact may be more appropriate. EPA has proposed language in 40 CFR, Part 35, Subpart O, Coopera- tive Agreements and Superfund State Contracts for Superfund Response Ac- tions, that requires this action be taken to encouragegreaterunderstandingofEPA Superfund projects. (See Figure 1, on page 2, for an example of a sign.) To further a positive and growing rela- tionship with affected communities and Continued on page 2 ------- NEW DEVELOPMENTS IN STATE AND LOCAL SUPERFUND INTERACTION (continued 1mm page 1) the public. EPA suggests that the follow- ing information be included on the sign: EPA logo Superfund program. Additional guidance and specifications will be provided in the Revised Remedial Design and Remedial Action Guidance. For further information, please contact Ms. Nadine Shear, State and Local Coordination Branch, at FTS 382-2450 or commercially at (202) 382-2450. Name of site • Name and number of Community Relations Coordinator • Funding amounts and sources, including state matching funds All signs should be constructed in dimen- sions consistent with other EPA projects. Prominently displayed, the sign can pro- vide invaluable information to interested parties. In the past, similar initiatives have been successfully implemented in other envi- ronmental programs, including EPA’s Office of Water. For example, posting signs at sites is required by all construc- lion contracts for water pollution control facilities By including the posting of signs as a requirement of Cooperative Agreements and State Contracts for Superfund (40 CFR, Part 35, Subpart 0), EPA hopes to increase the overall effectiveness of the Figure 1. Sample Superfund SIgn. (Depending on the iead agency and other circum- stances of the site, a sign may contain some, but not all, of the contacts shown above.) DESIGN AND CONSTRUCTION ADVISOR FOR ARCS PROJECTS The successful execution of a construc- tion projäct requires the application of both technical and administrative skills. The nature of construction projects is such that work cannot be suspended while issues are being resolved without incurring substantial delay costs. In the Alternative Remedial Contracting Strat- egy (ARCS) Program, Remedial Project Managers (RPMs) and contracting off i- cers often will be required to interpret technical specifications and contract clauses while work is in progress. To assist them, they need the services of an experienced Design and Construction Advisor (DCA). The DCA must be a registered Profes- sional Engineerwith significant construc- tion management experience on projects similar in size and complexity to ARCS projects. Theoretically, the RPM and the DCA could be the same individual if the RPM has the required background. More likely, however, many individuals in the Agency may not have experience or may occupy a more senior position than that of an RPM Therefore, if no one is avail- able to serve as a DCA, the RPM must look to sources outside of the Agency. The Bureau of Reclamation (BUREC) is one potential outside source for DCAs. DCAs are experienced construction-liai- son engineers. They are available from the Denver, Colorado, office on short notice to advise RPMs and contracting officers on ARCS technical issues. They can provide the following services: • Perform preliminary design reviews to verify appropriateness and constructi- bility. • Perform preliminary design reviews to verify appropriateness and constructi- bility. • Perform final design reviews with claims prevention as the focus. • Review the ARCS contractor’s work plan for implementing and completing the construction work. • Participate in the preconstruction conference. • Analyze construction changes and claim reviews, including cost estimates and provide technical support to the Region if litigation is involved. • Participate in the pre-final inspection of the construction site; review rec- ords, tour the site; and assist in pre- paring a “punch list” of items required to complete the work at the site. • Provide advice by telephone to the RPM in response to issues that arise at the construction site. To supplement the DCAs, BUREC has a Claims Analysts Section whose person- nel can review high-cost or complex construction changes and claims. The staff includes registered Professional Engineers and cost/price analysts repre- senting a wide range of experience in construction and claims issues. EPA Headquarters has an Interagency Agreement with BUREC to provide the services of DCAs at no cost to the re- questing Region. To arrange for a DCA for your ARCS construction project, contact Ms. Tracy Loy, Design and Construction Management Branch, at FTS 382-7997 or commercially at (202) 382-7997. 1SIWERFUtW l, ANUP I Name of Site EPA Site # $ Federal Government $ State & Local Governments To obtain more information on the site, contact: • U.S. EPA Community Relations Coordinator: • State/Local Community Relations Coordinator: To report suspIcious/crImInal actIvities, contact: • U.S. EPA Hotline: 1-800-424-4000 • State Agency 2 ------- EASEMENTS VS. ACCESS AGREEMENTS AT SUPERFUND SITES With more pro jecis entering the remedial action phase, RPMs are faced with in- creasingly complex access issues at Superfund sites. EPA Headquarters ersonnel acknowledge confusion on the part of the RPM in dealing with these issues. This article will provide the RPM with guidance to obtain the necessary legal documentation to permit entry and use of property that is not contaminated and not threatened by contamination. EPA, under Section 104(o) of the Com- prehensive Environmental Response. Compensation, and Liability Act (CER- CLA), has the authority to access any private property that is contaminated or threatened with contamination to under- take a remedial action. At some sites, a Region may determine that access to portions of adjacent prop- erty is necessary for construction pur- poses or for long-term remedial action. Two mechanisms for securing uncon- taminated private property are access agreements and easements. An access agreement, negotiated between the Region and the owner, should only be used when entry to the property is neces- sary for design work or additional testing. A voluntary access agreement for uncon- taminated private property is not binding on the part of the owner and can be revoked at any time. Because it is not considered an interest in property, the owner cannot be compensated for the use or loss of use of the property. The Region should consider access agroementsonly inthose situationswhere EPA will not be performing any type of in- trusive action on the property. Because the agreements are not tied to the prop- erty title in any way and are revokable, the Region should negotiate these types of agreements on a short-term basis, up to one year. Easements, on the other hand, are con- sidered interest in property and fall under the acquisition provisions of Section 1 04 j) of CEACLA. Property easements should be acquired when EPA will take intrusive actions on a portion of uncontaminated private property. Examples of intrusive actions include: constructing a RCRA cap against the site boundary, making it necessary to run bulldozers across the adjacent property; grubbing and clearing for site access purposes, using a private road for transporting equipment; and installing a buffer zone for a treatment facility. Easements may be temporary, during construction only, or long term, up to completion of the remediation. Ease- ments are attached to the title of the property and are not revokable l y the owner. A properly written easement speci- fies the purpose for which EPA needs the property, the condition in which the prop- erty will be left, and the approximate duration of the action. Because an easement is considered an acquisition, it must be approved by the Office of Solid Waste and Emergency Response and the Office of General Counsel. Since acquiring an easement may take up to six months, the RPM is encouraged to begin the process as soon in the design phase of the project as practicable. For additional information, please con- tact Ms. Jo Ann Griffith, Design and Con- struction Management Branch, at FTS (202) 475-6704 or commercially at (202) 475-6704. BID TABULATIONS Alladin Plating, PA The Alladin Plating site is located in Lacka- wanna County, Pennsylvania. The 2-acre site contains an electroplating facility that operated from 1947 to 1982. The source control operable unit addresses offsite treatment of soil contaminated with arse- nic, chromium, and lead. The work bid includes: • Excavation and offsite treatment, via stabilization, of approximately 12,000 cubic yards of contaminated soil • Disposal of treated soils in an offsite RCRA landfill in compliance with the land disposal restrictions • Replacement of the excavated soil with clean fill Sealed bids were solicited and five bids were received and opened on July 18, 1989. Two bids were eliminated at the opening because one bidder. withdrew and one bidder did not provide a final cost estimate. The low bidder, Chemical Waste Management, was awarded the contract. Description of Offered Item ALLADIN PLATING, PA Mobilization/Demobilization Estimated Quantity Chem. Waste Mgmt. Clearing & Grubbing Unit Unit Price Site Work Estimated Amount Decontamination Facilities Sevenson 12,342 IS 234 $114,270.00 LS Unit Price Excavation & Transportation of Soil IS Estimated Amount Offsite Treatment & Disposal 16,381.00 LS Site Restoration/Demobilization 12,000 CV 42,985.00 2,234 $223,526.00 39,304.00 12,000 CV 112,750.00 2,907,588.00 I-S 406,021.00 4,127,379.00 202,165.00 412,706.00 Total 2,774,700.00 5,135,978.00 $7,734,059.00 83,603.00 $8,865,297.00 3 ------- rhe Hollingsworth Solderless site is lo- ated in Broward County, Florida. The 3.5-acre site contains a manufacturing ,iant that operated from 1968 to 1982. rho operable unit addresses onsite treat- Tient of soil and ground water contami- iated with volatile organic contaminants (VOCs) and organics. The work bid in- cludes: • Excavation, aeration, and onsite re- placement of VOC-contaminated soils • Recovery of contaminated ground water from the sand zones followed by treatment and reinjection Sealed bids were solicited and two bids were received and opened during the summerof 1989. The low bidder. Westing- house, was awarded the contract. HOLLINGSWORTH SOLDERLESS, FL DescriptIon of Offered Item Mobilization Extraction Wells Recharge Wells Extrac. Well Pump & Piping + Instal. VOC Stripping Towers & Controls Purchase Recharge Well Pump & Piping + Instal. In Situ Soil Treatment 1St 12 feet in depth AddI. 3 feet in depth GW Treatment System O&M Well Logging Demonstration Health & Safety Equip. & Plan All Other Work 180 FT 132 240 FT 104 LS LS LS 75 CV 2,333 18 CV 678 40 Weeks 1.768 LS LS LS LS $33,400.00 23,760.00 24,960.00 118,381.00 127,000.00 68,689.00 174,975.00 12,204.00 70,720.00 20,300.00 13,300.00 15,000.00 3,917.00 $51,000.00 39 7,020.00 39 9,360.00 131,177.00 326,000.00 115,000.00 147,000.00 4,500.00 40,000.00 9,700.00 25,000.00 6,000.00 67,000.00 Total $706,606.00 $938,757.00 3 1D TABULATIONS (continued from page 3) Iollingsworth Solderless, FL Estimated Quantity Unit Westinghouse Qualtec Unit EstImated Unit Estimated Price Amount Price Amount 1,960 250 1,000 ABOUT THE UPDATE For comments, ideas, submissions, or questions about the Update, please contact Ms Jo Ann GntlIth, Design and Construction Management Branch, at FTS 475-6704 or commercially at (202) 475-6704 For copies, contact EPA ’s Public Information Center at FTS 8-382-2080 or (202) 382-2080, or wnte to U.S Environmental Protection Agency, 401 M St S.W , Washington, D C 20460 I , ------- |