EPA United States Environmental Protection Agency Office of Solid Waste and Emergency Response Publication: 9200.5-2151 August 1991 Superfund Design and Construction Update Office of Emergency and Remedial Response Hazardous Site Control Division OS - 220W Intermittent Bulletin Volume 5 Number 3 CONFERENCE ON DESIGN AND CONSTRUCTION ISSUES AT HAZARDOUS WASTE SITES - A HUGE SUCCESS ^HBB The first U.S. Environmental Protection Agency (EPA)-spon- sored national conference on design and construction issues at hazardous waste sites took place between May 1-3,1991 at the Downtown Hyatt Regency at Reunion in Dallas Texas. Ninety- five presentations of technical papers and three panel discussions on technical/policy issues and case studies were held. This national conference was timely due to the increased com- plexity of issues related to this subject area and the growing number of hazardous waste sites entering design and construction. The conference also had a different intent, agenda, and format than other major hazardous waste conferences. The goal was to promote formal and informal discussion of design and construc- tion issues, in order to encourage national consistency, and to develop more efficient and practi- cal means of moving design and construction projects through the pipeline. Secondly, the conference enabled EPA to augment current efforts to revise its Superfund design and construction guidance and policies. Topics covered a range of issues, including pre-design activities, construction administration and claims, community relations, health and safety, and government policy. Participants included the U.S. Department of Energy, Department of Defense, Bureau of Reclamation, and Army Corps of Engineers, as well as EPA, numer- ous design and construction contractors and State agencies. COST ESTIMATION WORKGROUP PROGRESS An important aspect of controlling or abating hazardous, toxic and radiological waste (HTRW) contamination is the determination of costs and schedules to remedy conditions which threaten human health and the environment. Cost and schedule estimates, especially during design, are necessary to obtain sufficient funding to achieve cleanup goals and to judge the appropriateness of cleanup proposals. The estimation of costs for HTRW remediation is difficult because (1) investigations often occur at uncontrolled sites; (2) each site has unique characteristics; (3) many remediation technologies are new The Office of Emergency and Remedial Response wishes to thank all of those who participated in the first "Conference on Design and Construction Issues at Haz- ardous Waste Sites". It is EPA1 s plan to sponsor this conference on an annual basis over the next several years. The next conference is tentatively planned for April 21- 23,1992 in Chicago. Future inquiries regarding this conference and next year's planned conference are encouraged to be made in writing to the attention of: Kenneth Ayers, Chief, Design and Construction Management Branch, U.S. Environmental Protection Agency, 401M Street. SW, MaHcode OS-220W, Washington DC 20460, or Contact EPA's Design and Construction Management Branch at (703) 308-8393 and have had limited application; and (4) at the present time there is no collective source for obtaining scope, schedules, and actual costs of HTRW remediation activities. Therefore, it is the purpose of the Interagency Cost Estimating Group (ICEG) to establish a network among Federal agencies for collecting and sharing HTRW continued on page 2 ------- continued from page 1. COST ESTIMATION remediation cost information and related experience. Since the beginning of this network, the group has grown to include over 100 persons representing the Department of Energy, USEPA, US Army Corps of Engineers, US Navy, Bureau of Reclamation, US Air Force and their contractors. The overall objective of the ICEG is to establish a network of existing agency organizations for estimat- ing costs of HTRW remediation. Specific ICEG objectives include: 1. Collection and sharing of HTRW remediation information, consisting of scope, schedules, and actual costs. 2. Establishment of a common chart or code of accounts. 3. Peer review of agency-specific existing and proposed cost estimat- ing models or systems. 4. Development of additional common or joint cost estimating models or systems. 5. Development of appropriate indices for adjusting costs due to economic, technical, and site-specific conditions. 6. Participation in education, training, and information transfer for Federal agencies and other appropriate parties. The last meeting of the ICEG was held in Albuquerque, New Mexico on March5 and 6, 1991. The next meeting will be held in Las Vegas on August27 and 28,1991. EPA’s START TEAM at the Risk Reduction Laboratory in Cincin- nati is available to assist RPMs in remedial action cost estimation. This is a particularly useful resource for ARCS projects. They can be reached at FTS 684-7406. For additional information on the ICEG, please contact Mr. Thomas A. Whalen, P.E., Design and Construction Management Branch at Fl ’S 398-8345 or (703) 308-8345. The April 1991 edition of “Superfund Design and Construc- tion Update,” included an article covering observed cost escalation for low temperature volatilization systems (LTVS), which are in- cluded in the designs of four New Jersey Superfund sites. The four sites are Lipari Landfill, Waldick Aerospace, Metaltec, and Caidwell Trucking. Cost escalations, from the estimates provided at the Record of Decision (ROD) stage to corresponding estimates at the remedial design (RD) stage, were cited. The article incorrectly stated the following, ‘The cost escalation number has resulted in ROD amendments and in the case of Lipari, a change in the remedy.” While the estimated cost of LTVS has apparently increased from the ROD to the RD stages, this has not resulted in either a ROD amend- ment away from LTVS for any of the four sites, as implied in the artide, or a change in remedy for Lipari. In fact, there was a ROD amendment for the Waldick site to modify the remedy to LTVS from another technology. The article incorrectly states that LTVS was considered in the original ROD for Waldick. In the case of the Upari Landfill, LTVS is still being designed to treat marsh soils, stream and lake OF LOW sediments. However, EPA is evaluating whether all of the lake and stream sediments can be or need to be treated by LTVS prior to disposal. The remedy as specified in the Lipan ROD, comprises removal and dewatering of contaminated soils from an adjacent marsh, removal of sediments from a downstreant lake and two streams, treatment to drive off contami- nants in a LTVS, and placement of the cleaned soils and sediments as non-hazardous materials. For additional information, please contact Mr. Ron Borsellino, Chief, New Jersey Remedial Action Branch at FTS 264-8667, or (202) 264-8667. SURETY BONDS FOR REMEDIAL ACTION Performance bonds are used in the ects. While bonds are normally construction industry to insure the required for construction contracts; completion of construction proj- in some instances, concern for assuring performance has led to the industry being required to guarantee performance on work ________________ conthuied on page 3 ARTICLE CORRECTION: “COST ESCALATION TEMPERATURE VOLATILIZATION SYSTEMS” 2 ------- continued from page 2 SURETY BONDS FOR REMEDIAL ACTION elements that are characterized primarily as service rather than construction. Bond availability problems and contractor concerns have increased over the past few years. In some instances, firms responding to remedial action (RA) contract solicitations have not been able to secure performance bonds. Some firms have also reported that they will not compete for BA contracts because they know that they cannot obtain the required surety bonds. The most effective strategies for alleviating the difficulty in bond- ing of RAs are those emphasizing improved acquisition planning, additional risk sharing based upon careful consideration of the bonding requirements, and procurement methods and contract type that will maximize qualified contractor competition. These strategies place the burden on the contracting party to make appro- priate decisions on matters which may impact substantially the competitive dimate for a particular solicitation. The contracting process, including the bonding issues, should be integrated into a project acquisi- tion plan. An analysis of the risk trade oils to the Contracting Party must be incorporated into the acquisition planning process for BA projects. Performance bonds provide assurance against the uncertainty of project non-per- formance on construction projects. The cost of this protection should approximate the cost of the potential non-performance risk in the long run. The trade offs of this risk must be examined in the acquisition planning process. The process should analyze the bene- fits and costs of assuming slightly higher risks in project performance and the resultant benefits and costs of improving the competitive climate for RA contracting and the subsequent reduction in BA contract prices. This may involve the analysis of each phase of the work and the appropriate level of bonding that would afford ade- quate protection for the contract- ing party’s interests and still encourage participation by the industry. Careful examination of the nature of the contract, method of procurement, and type of contract should be carried out by an interdisciplinary team. The steps in an acquisition plan- ning process are as follows: a. Decide whether to subdivide the project into separate contracts. b. Determine the nature of the contract and appropriate labor standards, eg., service, construc- tion, or service with segregable construction. c. Determine whether sealed bidding, competitive negotiation, or non-competitive negotiation is the appropriate method of pro- curement for the project or por- tions of the project. d. Decide on contract type (consid- eration of cost reimbursement contracts versus to fixed price contracts). e. Decide on the appropriate performance bonding level based on risk analysis. Explicitly, consider less than 100% bonding for construction contracts and greater than zero for service contracts. For additional information, please contact Mr. Thomas Whalen, P.E. at (703) 308-8345 or FTS 398-8345. FIVE YEAR REVIEWS The Office of Solid Waste and Emergency Response (OSWER) recently issued a directive (OSWER 9355.7-02) that provided guidance for planning and con- ducting five year reviews. By issuing the directive, OSWER hopes to assure that reviews are implemented in a consistent manner, with appropriate consid- eration of local concerns and site conditions. Section 121(c) of the Comprehen- sive, Environmental, Response, Compensation, and Liability Act (CERCLA) requires five year reviews where the remedial action results in hazardous materials, pollutants, or contaminants remaining on-site (herein referred to as Statutory Reviews). EPA will conduct a Statutory Review of any site at which a post-SARA remedy will not allow unlimited use and unrestricted exposure. As a policy, EPA will conduct a five year review at sites where (1) no hazardous substances will remain above levels that allow unlimited use and unrestricted exposure after completion of the remedial action, but the cleanup levels will require five or more years to attain (e.g., Long Term Response Action sites); and (2) sites addressed pre- SARA at which the remedy, upon co,uinued on page 4 3 ------- continued from page 3. FIVE YEAR REVIEWS attainment of the ROD cleanup levels, will not allow unlimited use and unrestrictive exposure. In addition, EPA is planning to examine previously deleted sites to determine if a five year review is appropriate under the policy. Five year reviews are to be sched- uled no less than five years after the initiation of the remedial action. EPA may terminate the reviews when no hazardous substances, pollutants, or contami- nants remain at the site above levels that allow for unrestricted use and unlimited exposure. EPA may authorize, through contracts and/or other agreements, other parties to perform portions of the site review. Reports on each review must be issued, following the guidance that will be devel- oped within Headquarters later this year. Deletion of a site from the NPL does not affect the site’s potential need for a five year review. Sites may be deleted form the NPL upon satisifactory com- pletion of the initial five year review, however, five year reviews must continue, until the hazardous substances are not found above levels allowing unrestricted use. The focus of the five year review will depend on the original goal of the response action. If protective- ness is being assured through exposure protection (containment through capping) and institutional controls, the review should focus on the integrity of the cap and that the controls remain an effective means of assuring protection. On the other hand, a review at a Long-term Remedial Action (LTRA) site should focus on both the effectiveness of the technology and the specific performance levels established in the ROD. EPA has developed a three tiered approach for the five year reviews. EPA will determine the level of review based on site specific considerations, including the nature of the response activities, proximity to populated areas and sensitive environmental areas, and the interval since the last review. • Level I Review: Lowest level of evaluation of protectiveness. This review is appropriate in all but a relatively few cases where site- specific circumstances suggest another level. • Level II Review: Intermediate Level of Protectiveness. Appropri- ate only if warranted by site conditions. For example, the absence of expected change in the level of contaminants, as moni- tored, might suggest additional source control or migration system sampling, or increased evaluation of remedial components. • Level ifi Review: Highest Level of Review. It is unlikely that a Region would propose a Level III review until the five year review (at a lower level) is in progress. The directive contains a matrix explaining the activities which generally should be considerd in determining the scope of reviews proposed in future RODs and in developing work plans for five year reviews. The matrix is designed to reflect the different levels of review that may be appropriate depending on the site- specific circumstances or the status of the site with regard to comple- tion of the response action. Re- views of ongoing remedial actions might focus on proper operation or implementation of the remedy, while reviews of completed and deleted sites would be more extensive. For additional information regard- ing this directive, please contact Mr. William Ross at (703) 308-8335 or FTS 398-8335. REMEDIAL DESIGNIREMEDIAL ACTION COORDINATORS Below is the list of current RD/RA Regional Coordinators. They are available to assist the Regions with technical issues relating to design and construction, designs reviews, contract and procurement issues, RP oversight, and site closeouts. Region 1: Jo Ann Griffith (703)308-8353 FIS 398.8353 Region 2: Joe Cocoalis (703)308.8336 Fl ’S 398.8356 Region 3: Florence Blair (703) 308-8327 Fl’S 398-8327 Region 4: Ken Skahn (703) 308-8355 FF5 398-8355 Region 5: Tracy Loy (703) 308-8349 Fl’S 398-8349 Region 6: JoAnn Griffith (703) 308-8353 FTS 398-8353 Region 10: Steve Chang (703) 308-8393 FF5 308-8393 Region 7: Ken Skahn (703) 308-8355 Fl’S 398-8355 Region 8: Barbara McDonough (703) 308-8348 Fl ’S 398-8348 Region 9: Steve Chang (703) 308-8393 FFS 308-8393 ABOUT THE UPDATE For comments, ideas, submissions, or questions about the Update, please contact Jo Ann Griffith. Design and Consriuction Management Branch. at FTS 398-8353 or commercially at (703) 308-8353. 4 ------- |