OSWER 9365.0 - 36
Attachment A
Guidance for Documenting and Reporting
the Superfund Sitewide Ready-for-Reuse Performance Measure
I.	Purpose
The purpose of this guidance is to assist EPA managers and staff in fulfilling the
Agency's GPRA responsibilities for documenting and reporting Superfund accomplishments in
making National Priorities List (NPL) sites ready for reuse. It provides information for
identifying, documenting and reporting construction complete Superfund NPL sites where the
entire land portion of the site is being used, or has been made ready for use in the future, in a
protective fashion.
II.	Overview
The Office of Superfund Remediation and Technology Innovation (OSRTI), in
coordination with the Federal Facilities Restoration and Reuse Office (FFRRO), has developed a
new performance measure to report the Superfund program's accomplishments in making land
ready for reuse at construction complete sites. This measure is included along with other
Superfund measures as part of the Environmental Protection Agency's FY 2006 - 2011 Strategic
Plan. All such performance measures have both annual and long-term cumulative targets.
The new Sitewide Ready-for-Reuse Superfund performance measure is:
The number of final and deleted construction complete National Priorities List (NPL)
sites where, for the entire site,
(1)	All cleanup goals in the Record(s) of Decision or other remedy decision document(s)
have been achievedfor media that may affect current and reasonably anticipated
future land uses of the site, so that there are no unacceptable risks; and
(2)	All institutional or other controls required in the Record(s) of Decision or other
remedy decision document(s) have been put in place.
The Sitewide Ready-for-Reuse measure was developed to comply with the Agency's
responsibility to report long-term outcome-based accomplishments under the Government
Performance and Results Act (GPRA). The introduction of this measure also reflects the high
priority EPA places on land revitalization as an integral part of the Agency's cleanup mission for
the Superfund program, as well as the priority EPA is now placing on post-construction activities
at NPL sites.
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Regions will begin documenting this information and reporting on the Sitewide Ready-
for-Reuse measure in CERCLIS in FY 2007, as sites are identified in accordance with this
guidance.
III. Background
EPA places a high priority on land revitalization as an integral part of its Superfund
response program mission. The Agency's policies have increasingly addressed the issue of
making Superfund NPL sites protective for current and future users. For example, one of EPA's
key responsibilities under CERCLA is to ensure that contaminated property owned by the
Federal government is environmentally suitable for transfer or lease. EPA has been involved in
making environmental determinations pertaining to site use since the first BRAC legislative
action in 1988, and continues to ensure protective use at both operating and closed Federal
facilities undergoing CERCLA environmental response actions.1
Building on its experience supporting reuse at Superfund sites, in 1999 EPA created the
Superfund Redevelopment Initiative2 to help communities and other stakeholders in their efforts
to return Superfund NPL sites to productive use. In April 2003, EPA announced its Land
Revitalization Action Agenda,3 a plan for addressing the nation's contaminated lands to enable
their reuse by communities. Building on this framework, in November 2004, the Agency
developed the programmatic performance measures described in the Superfund Revitalization
Performance Measures guidance,4 which serve to report the progress of EPA's activities in
making Superfund NPL sites ready for their anticipated future use.
In addition, this new Sitewide Ready-for-Reuse measure directly supports the National
Strategy to Manage Post Construction Completion Activities at Superfund Sites5 (PCC Strategy)
by providing the Program with a way to assess its effectiveness in conducting post-construction
completion activities.
1	Nothing in this guidance alters or affects the legal requirements related to property transferred by
Federal agencies pursuant to CERCLA 120(h), nor does it alter or affect EPA guidance documents related to Federal
real property transfer or lease.
2	See EPA's Superfund Redevelopment Initiative (SRI) web site at
http://epa. gov/superfund/pro grams/recvcle/index. htm
3	The Land Revitalization Action Agenda at http://www.epa.gov/oswer/LANDREVITALIZATION/
agenda full.htm.
4	See Guidance for Documenting and Reporting the Superfund Revitalization Performance
Measures, OSWER 9202.1-26, November 5, 2004
5 See EPA's PCC Strategy at
http://www.epa.gov/superfund/action/postconstruction/pcc strategy final.txll'.
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IV. Sitewide Ready-for-Reuse Selection Elements
The Sitewide Ready-for-Reuse measure reports sites documented as ready for reuse
where for the entire construction complete NPL site:
•	All cleanup goals in the Record(s) of Decision or other remedy decision
document(s) have been achievedfor media that may affect current and
reasonably anticipated future land uses of the site, so that there are no
unacceptable risks; and
•	All institutional or other controls required in the Record(s) of Decision or
other remedy decision document(s) have been put in place.
Controls in Place: In order for a site to be qualified under this measure, all controls
(engineered as well as institutional) used as part of the justification for considering that a site is
Sitewide Ready-for-Reuse must be in place. Depending on the type of institutional controls used
at a site, the term "in place" could include, for example: the enactment of ordinances (e.g.,
ground water use restrictions), codes, or other regulations by local government; recording of
legal instruments in the chain of title for a property; issuance by a regulatory authority of
enforcement tools or permits; agreements between the regulatory authority and the property
owners or facility operators; listing of property on a state registry of contaminated sites;
recording of deed notices or hazard advisories in local land records; and for active military bases,
use of base master plan, instructions, orders, and dig permit systems.
Human Exposure Under Control. The Superfund program also reports on another NPL
sitewide measure, Human Exposure Under Control. The Human Exposure determination for
sites that qualify for the Sitewide Ready-for-Reuse measure should either be:
•	"Current Human Exposure Controlled and Protective Remedy in Place"; or
•	"Long-Term Human Health Protection Achieved"
Human exposure site determinations that are not one of the two categories above are inconsistent
with the requirements that must be met for the Sitewide Ready-for-Reuse measure.
Ecological exposures: If cleanup goals were established in the Record(s) of Decision or
other remedy decision document(s) for ecological exposures, they must also be met for the site to
be designated Sitewide Ready-for-Reuse.
Determining Which Media Affect Current and Reasonably Anticipated Future Land Uses:
Any media that may affect current and reasonably anticipated future land uses should be
considered when making the Sitewide Ready-for-Reuse designation. The NCP (40 CFR 300.5)
defines 'on-site' to mean "the areal extent of contamination and all suitable areas in very close
proximity to the contamination necessary for the implementation of a response action." If media
such as wetlands, surface water bodies, sediments, and groundwater may pose an unacceptable
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risk to areas of current and reasonably anticipated future land use, cleanup goals for these media
must be set and met before declaring the site to be Sitewide Ready-for-Reuse.
V. Implementation
Beginning in Fiscal Year 2007, Regions will report on the Sitewide Ready-for-Reuse
measure. To establish a national baseline, Regions must review site data to determine which
sites currently meet the selection elements outlined in this guidance. These sites will form the
baseline against which future performance will be measured. Upon establishment of the
baseline, annual and long-term targets will be set to evaluate the Agency's performance. EPA
will be expected to report on the progress of this measure in achieving those targets externally to
the Office of Management and Budget, and to Congress.
Attached to this guidance is a Sitewide Ready-for-Reuse Checklist for documenting and
reporting this new measure. The Sitewide Ready-for-Reuse measure is for construction
complete Superfund final and deleted NPL sites only. Regions will submit completed Checklists
for the Sitewide Ready-for-Reuse measure to Headquarters for approval before the reported site
may be counted to meet the GPRA target for this measure.
The new Sitewide Ready-for-Reuse measure will supplement, not replace, the previous
reporting measures: "Acres Ready for Reuse" and "Sites with Land Ready for Reuse." The
Superfund program will continue to report "Acres Ready for Reuse" and "Sites with Land Ready
for Reuse" for the Agency's own internal management purposes. These measures reflect cleanup
progress at portions of sites and provide Agency managers with valuable programmatic
information. These measures have never had targets, and are not expected to have targets at this
time.
The Superfund Revitalization Performance Measure guidance (November 5, 2004)
governing "Acres Ready for Reuse" and "Sites with Land Ready for Reuse" will be updated to
include Federal facilities and to address the new Sitewide Ready-for-Reuse measure. Today's
new Sitewide Ready-for-Reuse guidance supersedes the November 5, 2004 guidance with
respect to institutional controls. Therefore, without exception, no "Acres Ready for Reuse,"
"Sites with Land Ready for Reuse" or "Sitewide Ready-for-Reuse" accomplishments shall be
reported where necessary institutional or other controls have not been put in place for that
portion of land that is being reported as ready for reuse. This guidance otherwise supplements,
but does not change, existing Agency policies and practices for carrying out the investigation and
cleanup of sites under CERCLA.
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The determination that a site is Sitewide Ready-for-Reuse is based on the information
available at the time the determination is made. That determination may revert if site conditions
change, or if new or additional information is discovered regarding the contamination at the site.
If after a site has been designated as Sitewide Ready-for-Reuse, EPA becomes aware that any of
the Ready-for-Reuse requirements are no longer met, then the site will cease to be designated as
Sitewide Ready-for-Reuse. The site can be re-designated as Sitewide Ready-for-Reuse only
when the requirements outlined in this guidance are met.
If at the time of determination or at any other time, EPA becomes aware of other
environmental problems that pose unacceptable risk relevant to site use or reuse, including risks
addressed under other cleanup or public health authorities, the site should not be reported under
this measure.
It should be noted that there is likely to be a small set of NPL sites that may never be
ready for reuse. For example, extremely hazardous site conditions, the pervasiveness of
contamination, and even the size of larger sites may preclude a site from achieving the Sitewide
Ready-for-Reuse designation. Additionally, there are also those NPL sites in which institutional
controls specifically state that no future uses are advisable.
VI. Disclaimer
This guidance is not a regulation itself, nor does it change or substitute for any
regulations. Thus, it does not impose legally binding requirements on EPA, States, or the
regulated community. This guidance does not confer legal rights or impose legal obligations
upon any member of the public. The determination that a site is Sitewide Ready-for-Reuse does
not provide any legal rights or legally enforceable commitments regarding EPA's enforcement
intentions or any party's potential liability at the site and does not preclude EPA from taking any
necessary enforcement action at the site. Although this guidance does not confer legal rights or
impose legal obligations upon any member of the public, interested parties are free to raise
questions and objections about the substance of this guidance and the appropriateness of the
application of this guidance to particular situations.
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Superfund Property Reuse Evaluation Checklist for Reporting the Sitewide
Ready-for-Reuse GPRA Measure
S EPA
United States
ENVIRONMENTAL PROTECTION AGENCY
Washington, DC 20460
SUPERFUND PROPERTY REUSE EVALUATION CHECKLIST FOR REPORTING
THE SITEWIDE READY-FOR-REUSE GPRA MEASURE
Office of Superfund Remediation & Technology Innovation and Federal Facilities Restoration & Reuse Office
PART A - GENERAL SITE INFORMATION
1. Site Name
2. EPA ID
3. Site ID
4. RPM
5. Street Address
6. City
7. State
8. Zip Code
9. Site Wide Ready-for-Reuse Determination Requirements (all must be met for the entire construction complete site)
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All cleanup goals in the Record(s) of Decision or other remedy decision document(s) have been
achieved for any media that may affect current and reasonably anticipated future land uses, so that
there are no unacceptable risks.
All institutional or other controls required in the Record(s) of Decision or other remedy decision
document(s) have been put in place.
PART B - SIGNATURE (Branch Chief or above should sign)
NOTE: The outcome of this Property Reuse Evaluation does not have any legally binding effect and does not expressly or implicitly create, expand,
or limit any legal rights, obligations, responsibilities, expectations, or benefits of any party. EPA assumes no responsibility for reuse activities and/or
any potential harm that might result from reuse activities. EPA retains any and all rights and authorities it has, including but not limited to legal,
equitable, or administrative rights. EPA specifically retains any and all rights and authorities it has to conduct, direct, oversee, and/or require
environmental response actions in connection with the site, including but not limited to instances when new or additional information has been
discovered regarding the contamination or conditions at the site that indicates that the response and/or the conditions at the site are no longer
protective of human health or the environment.
10. Name
11. Title/Organization
12. Signature
13. Date
EPA Form 9100-4 (9-2004)
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