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SUPERFUND
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EPA PUBLICATION NUMBER: 540R19008
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sr*«
September 2019
Revitalizing our Nation's Land through Superfund
Perhaps no EPA program better reflects the mission of the Agency and the priorities
of President Trump than the Superfund program. For nearly 40 years, the program has
cleaned up the nations most contaminated sites, directly improving public health and
breathing new life into struggling areas of the country Superfund allows communities
and businesses to rediscover and repurpose land that was once abandoned or written
off.
Over the past two years, the Superfund Task Force has been working to improve the Agency's
implementation of the Superfund Program in order to accelerate cleanups and shorten the path
to redevelopment and safe, productive reuse. By prioritizing the Superfund program, we are
prioritizing the health and well-being of the communities that live near these sites.
The renewed focus on and renovation of the Superfund program through the work of the Superfund Task
Force is already paying dividends for communities nationwide. In Fiscal Year 2018, EPA deleted all or part of
22 sites from the National Priorities List, the largest number of deletions in one year since Fiscal Year 2005.
Our renewed focus on the Superfund Program results in sites on the National Priorities List being just that -
a national priority.
The Superfund Task Forces initial set of goals and recommendations were the result of input from EPA's career
staff and others. Calling upon their collective experience with the Superfund Program, they offered important
suggestions for ways to improve the program and increase its ability to play an even more important role in
Americas future.
One tool for accelerating the transformation of contaminated land into future use is EPA's Superfund
Enforcement Program. EPA will continue to use enforcement tools to maximize and expedite the cleanup and
reuse of contaminated sites. EPA achieves these goals by requiring responsible parties to perform and pay for
cleanups and by addressing the liability concerns of volunteers who invest in remediation and revitalization.
The increased emphasis on leveraging responsible party and other investment in cleanup and reuse enhances
EPA's ability to clean up more sites throughout the nation.
I am proud to present the Final Superfund Task Force Report, which demonstrates the numerous
achievements by the hard-working EPA staff (listed on the following pages) who planned and implemented
specific actions over the past two years to expedite sites through remediation and into to productive use.
Their accomplishments have led to significant progress at Superfund sites throughout the country. Even more
importantly, the report identifies the performance measures that will be integrated into EPA to ensure the
successful implementation of these lessons learned for the future of the Superfund Program and the future
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of Superfund sites. These performance measures will impose accountability on the Agency to maintain its
commitment to reclaim, restore, and reuse these sites (themes which run throughout this report). I invite all
of us to hold the Agency accountable to achieve the prompt cleanup and reuse of these national priority sites.
I look forward to working hand-in-hand with states, local communities, tribes, other federal agencies and
private parties to implement these lessons learned and continue our progress in the Superfund program.
My sincere thanks to the EPA employees who contributed to the development of the Superfund Task
Force report and the implementation of the 42 recommendations. It was a heavy lift, and you carried it out
successfully. Thank you for working closely with your EPA colleagues, federal partners, states, tribes, the
public, local governments, private industry, developers, and numerous other stakeholders to ensure EPA's
commitments under the Task Force report were successfully met. Thank you for ensuring that the Task
Force was transparent and accountable by providing quarterly updates on the Task Force webpage that
highlighted the accomplishments and next steps for each of the recommendations. Finally, thank you for
your commitment to protecting human health and the environment. Because of your efforts, the Superfund
Program will continue the environmental and economic transformation of communities across the nation.
I would like to thank the leaders for the five goals: Frank Awisato, Helen Duteau, Monica Gardner, Greg
Gervais, Paul Leonard, Cyndy Mackey, Ellen Manges, Karen Melvin, Debra Morey, Ken Patterson, Betsy
Smidinger, Dana Stalcup, Matthew Tejada, and Jim Woolford.
EPA Contributors: Kyle Aarons, Michael Adam, Elizabeth Adams, Geoff Alexander, Barbara Alfano, Doug
Ammon, Cathy Amoroso, Robin M. Anderson, Gregory Armstrong, Joan Armstrong, Anthony Austin,
Ava Azad, Caroline Baier- Anderson, Jean Balent, Harold Ball, Chelsey Ballot, Felicia Barnett, Pamela Barr,
David Bartenfelder, Edwin Barth, Mary Bell, Kent Benjamin, Andria Benner, Ben Bentkowski, Charlotte
Bertrand, Anne Berube, Sheri Bianchin, Kirby Biggs, Thomas Bloom, Craig Boehr, Susan Boushell, James
Bove, Scott Bowles, Sheila Briggs-Steuteville, Nancy Browne, Kyle Bryant, Ken Buchholz, Joan Buonopane,
John Burchette, Richard Campbell, Stephen Capuyan, Tamara Carnovsky, Angela Carpenter, Meghan
Cassidy, Kayleen Castelli, Patrick Chang, Alexander Chen, Catherine Chiccine, Stanley Christensen, Dave
Christenson, Robert Cianciarulo, Thomas Cinti, Meredith Clark, Wilda Cobb, Christopher Cole, Kelly Cole,
Karen Coleman, Matthew Colip, Garth Connor, Maryt Cooke, Lori Cora, Chris Corbett, Anna Cornelious,
Jed Costanza, Frances Costanzi, Diann Cox-Tramel, Deborah Cox, Mitch Cron, Ronnie Crossland, James
Cummings, Kayla Currie, Dianna Cutt, Matthew Dalbey, Sally Dalzell, Kathy Davies, Amber Davis, Jenny
Davison, Kevin Debell, Rafael DeLeon, Bill Denman, Nefertiti DiCosmo, Linda Dietz, Douglas Dixon, Betsy
Donovan, David Dowton, James Doyle, Bethany Dreyfus, Stacie Driscoll, Stephen Dyment, Carl Edlund,
Jennifer Edwards, Bonnie Eleder, Diana Engeman, Deniz Ergener, Brian Farrier, Peter Felitti, Linda Fiedler,
Julia Field, Charles Figur, Rhelyn Finch, Ellyn Fine, Meredith Fishburn, Schatzi Fitz-James, Art Flaks,
Sheila Fleming, Silvina Fonseca, Alicia Frame, Elisabeth Freed, Caroline Freeman, Cynthia Frickle, Melissa
Friedland, Jefferie Garcia, Lois Gartner, Katherine Garufi, Kristin Giacalone, Edward Gilbert, Daniela
Golden, Nancy Grantham, Marc Greenberg, Max Greenblum, Beata Gruszecka, Karl Gustavson, Bill Hagel,
Stacey Haire, Pat Hamblin, Erik Hanselman, Bilal Harris, Jackie Harwood, Andrew Hass, Catherine Hatt,
Declan Hayes, Helena Healy, Michael Hebert, Jeffrey Heimerman, Randy Hippen, Steven Hirsh, David
Hoefer, Tracy Hopkins, Jennifer Hovis, Tonya Howell, Charles Howland, Jacquie Huynh-Linenberg, Theresa
Hwilka, Dean Ingemansen, Robert Jackson, Bianca Jaikaran, Matthew Jefferson, Terry Jeng, Lynne Jennings,
Robert Jennings, Emily Johnson, Natalie Johnson, Shelby Johnston, Kim A. Jones, Kimberly M. Jones, Jeff
Josephson, Thomas Kady, Steven Kaiser, Melanie Keller, Meghan Kelley, Darlene Kelly, Lynne Kerchner,
Rusty Kestle, Victor Ketellapper, Charles King, Leslie Kirby-Miles, Frank Klanchar, Jaclyn Kondrk, Thomas
Krueger, Bruce Kulpan, Chitra Kumar, Larry Kyte, Emerald Laija, Benjamin Lammie, Jyl Lapachin, Maggie
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LaVay, Preston Law, Charles Lee, Kristin Leefers, Karin Leff, Joseph LeMay, Rachel Lentz,, Cynthia Lewis,
Laurence Libelo, Tom Lieber, William Lindsey, Janice Linett, David Lloyd, Diedre Lloyd, Mary Logan, Chip
Love, Brigid Lowery, Casey Luckett, Margo Ludmer, Tai Lung, Hollis Luzecky, Kira Lynch, John Lyons, Grace
Ma, Cynthia Mack- Smeltzer, Doug Maddox, Andrea Madigan, Shahid Mahmud, Joydeb Majumder, Vincent
Malott, Enrique Manzanilla, Joanne Marinelli, Karen L. Martin, Kristine Matzko, Ann Mayweather, Mary
Sonosky McCullough, Rachel McCullough, Barbara McDonough, Elizabeth McKenna, John McKernan,
Sandeep Mehtam, Jeanette Mendes, Chloe Metz, John Meyer, John Michaud, Charles Mikalian, Erin Miles,
Scott Miller, Michael Mintzer, Jared Mitchell, Shonda Moore, Ed Moreen, Patricia Mott, Brian Motto, Aaron
Mroz, Marie Muller, Douglas Naftz, Kristen Nazar, Jennifer Nearhood, Gary Newhart, Heather Newton, Dan
Nicoski, Cindy Nolan, Rich Norris, Michael Northridge, Elisa O'Dea, Bryan Olson, Charles Openchowski,
Patricia Overmeyer, Carlos Pachon, Jeffrey Page, Phil Page, Tanesha Paige-Thompson, Paula Painter, Robert
Parker, Angela Patnode, Cynthia Peterson, Mary Peterson, Jacob Piehl, Elizabeth Pletan, Christine Poore,
Robert Pope, Dan Powell, Kim Prestbo, Caroline Previ, John Prince, Carlyn Prisk, Christina Progess, Michelle
Quick, Tim Rehder, Don Rigger, Laura Ripley, Fernando Rivera, Elisa Roberts, Victoria Robinson, Dante
Rodriguez, Marie Rongone, Manuel Ronquillo, Charlie Root, Suzi Ruhl, Jade Rutland, Carlos Sanchez,
Yolanda Sanchez, Matthew Sander, Charles Sands, Michelle Schutz, Deborah Schwenk, Nicholas Sciretta,
Raoul Scott, Susan Scott, Pam Scully, Kevin Shade, Jenee Sharon, RuthAnn Sherman, Thomas Short, Gregory
Siedschlag, Benjamin Simes, Michael Sivak, Christina Skaar, Stephen Smith, Erik Spalvins, L'Tonya Spencer,
Clint Sperry, Sandra Stavnes, Cara Steiner-Riley, Allyn Stern, Tracey Stewart, Aimee Storm, Ray Strickland,
Fred Stroud, Jennifer Sutton, Mark Talty, Joan Tanaka, Melissa Taylor, Christopher Thomas, John V. Thomas,
Derek Threet, Gary Turner, Joshua Union, Dennisses Valdes, Amanda Van Epps, Victoria van Roden,
Leslie A. Vassallo, Eve Vaudo, Vince Velez, Stuart Walker, Gregory Wall, Barbara Wallace-Wilson, Audrie
Washington, Melissa Waters, Robert Weber, Jennifer Wendel, Erica Weyer, Kimberly White, Gary Worthman,
Ted Yackulic, Yazmine Yap-deffler, Ji-Sun Yi, Nestor Young, Dianna Young, Larry Zaragoza, Nestor Zavala,
Humane Zia, Audrey Zucker.
Department of Justice: Leslie Allen, Karen Dworkin, Mark Gallagher, Thomas Mariani, Alan Tenenbaum
Association of State and Territorial Solid Waste Management Officials: Scott Lauher, Charles Reyes, Dania
Rodriguez, and Justin Williams
Board of Directors
CERCLA and Brownfields Subcommittee led by Amy Brittain of Oklahoma
Federal Facilities Subcommittee led by Monica Sheets of Colorado and Ruben Zamarripa of Missouri
Environmental Council of the States-EPA Superfund Workgroup
Respectfully,
Andrew Wheeler
Administrator
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LOOKING AHEAD
The ultimate measure and goal of the improvements to the Superfund Program is how well the
affected communities we serve are transformed by reclaiming and returning land to productive
use. Communities across the country rely upon the Superfund Program to remediate the most
contaminated property caused by a wide range of historic land use and waste disposal practices.
Where once in Americas history making land useful required clearing trees, rocks, and boulders
and diverting streams, meeting the needs of the 21st Century and beyond requires the effective
and innovative application of Superfund and other cleanup programs. The goal of returning
land to communities drives us to continue to learn, improve, and refine our approach to the
implementation of Superfund.
The roll-out of the Task Force recommendations through EPA's regional offices and across the
country to the ongoing work at sites needs to be more and different than simply issuing the report and how to improve
performance and associated guidance documents. A report and collection of guidance documents sitting on shelves
across the country will not improve the Superfund Program. Implementation of the recommendations will require an
ongoing effort with EPA headquarters, the regions, states, tribes, other federal agencies, responsible parties, and affected
communities. Execution of the reforms will lead to more efficient uses of resources, rapid adoption of best suited
technology, and improved practices in order to increase consistency of the effectiveness of the Superfund Program across
the regions, which will require sustained commitment and focus.
Implementation has already started for those recommendations that had been completed before the issuance of this final
Task Force report. We look forward to receiving comment and suggestions about the actions, measures, and guidance
that has been developed by the Task Force related to the recommendations. Similarly, we welcome comment on what
has not been proposed or prepared. We will also begin to experiment with application of the Task Force's responses to
recommendations at sites across the country. We will learn how effective some responses are for different circumstances
and how some might be improved, modified, or maybe even abandoned. We will continue to reflect and refine all of the
responses to the recommendations to demonstrate our commitment to continue to improve the Superfund Program.
The immediate and continuing next step is to demonstrate improvement. The report contains metrics that will allow us
to track and report on progress on many of recommendations and on overall implementation of the Program. We will
evaluate the metrics and their usefulness and consider adopting additional or different methods to measure and report on
progress.
The issuance of this report documents the work over the last two years of many EPA career professionals elaborating
on their ideas for the improvement of the Superfund Program. This is a product of the Task Force members' decades of
experience with the successes and shortcomings of the Program and their commitment and passion for improvement of all
aspects of remediation and resolution of associated issues at Superfund sites.
The Agency will continue transforming communities by developing their vision for the future of sites in their communities.
Having a vision for reuse attracts resources faster, accelerating cleanups and shortening the path to the future productive
use. Like these communities, EPA has a vision for the future of the Superfund Program, and the Superfund Task Force is
just the beginning!
Respectfully,
Peter C. Wright
Assistant Administrator
Office of Land and Emergency Management
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CONTENTS
Executive Summary 9
Goal 1 15
Goal 2 37
Goal 3 50
Goal 4 60
Goal 5 72
Abbreviations 78
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EXECUTIVE SUMMARY
The Superfund Program makes a visible and lasting difference in communities by
cleaning up the nations worst hazardous waste sites; tackling threats to public health
and our natural environment; supporting local economies; enhancing quality of life;
and preventing future hazardous substance releases. The Superfund Program's many
demonstrated achievements over its nearly 40-year existence represent significant
contributions in meeting the Environmental Protection Agency's (EPA's) mission.
Many sites have been remediated and removed from the National Priorities List
(NPL); however, numerous sites remain, and more sites are added to the NPL each
year. EPA continues to seek ways to more efficiently and effectively remediate these
Superfund sites and protect human health and the environment.
The Superfund Task Force, which was comprised of over 100 EPA career employees,
was commissioned on May 22, 2017, to provide recommendations on how the
Agency can restructure the cleanup process, realign incentives of all involved
parties to promote expeditious remediation, reduce the burden on cooperating parties, incentivize parties to remediate
sites, encourage private investment in cleanups of sites, and promote the revitalization of properties across the country.
On July 25, 2017, the EPA Superfund Task Force Report identified multiple opportunities to accelerate cleanup and
reuse of Superfund sites. Specifically, the Task Force identified 42 recommendations under five overarching goals. EPA
convened workgroups and developed implementing tasks for each of the recommendations. The Task Force workgroups
identified effective ways to implement the recommendations and reach outcome-driven results to expedite cleanups, site
redevelopment, and community revitalization while protecting human health and the environment. The next challenge,
which the Agency is already working on, is to continue the implementation of the recommendations into the Program.
Expediting Cleanup and Remediation
Superfund cleanups provide significant public health benefits including reductions in birth defects
and blood-lead levels among children living near sites. One of the tools developed by the Task Force
to expedite cleanup and remediation is the Administrator's Emphasis List, a list of sites targeted for
the Administrator's immediate and intense attention. Since the initial release of the Emphasis List in
December 2017, substantial progress has been made at sites placed on the list. EPA updates the dynamic
list on a regular basis as sites achieve major milestones throughout the Superfund process as highlighted
by the following examples.
Following placement of the Delaware Sand and Gravel Landfill Superfund Site on the Emphasis List, Region 3 secured a
settlement with the responsible parties and initiated pre-design work and installation of two groundwater interceptor wells
to protect water supply wells.
At the Tar Creek Superfund Site in Oklahoma, the Emphasis List was instrumental in bringing parties together to develop
a long-term strategy to manage risks, cleanup, and economic opportunities at the Site.
Sites on the NPL can bring stigma to a community, so deleting sites from the NPL has also been a major focus of the Task
Force. By completing these deletion activities, EPA provides comfort to communities that no further cleanup is required to
protect human health or the environment. After reviewing the existing policies and procedures for deleting sites from the
NPL, the Task Force took actions to streamline the deletion process. In addition, the Superfund Program began providing
senior Agency officials with monthly updates on upcoming deletions. Through these and other actions, EPA deleted 18
full sites and portions of four more sites in FY 2018, a significant increase over the three full or partial deletions in FY
2016. In coming years, EPA will continue its focus on deleting sites through sharing information about the most effective
approaches for moving sites to deletion.
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The Task Force emphasis on deletions has provided comfort to communities that no further cleanup is required a
neighboring sites that have been on the NPL for a number years. In particular, EPA recently deleted these three sites, which
were part of EPA's first NPL rulemaking in 1983:
Fulton Terminals (New York): The City of Fulton, the current owner of the former facility property, is interested in
developing the land for community use;
Whitehouse Oil Pits (Florida): Currently, the site is used as a natural ecological buffer for the floodplain of the
adjacent creek, and there is potential for possible recreational land uses in cooperation with the city; and
Frontier Hard Chrome (Washington): Current site reuse activities include a pipe fabrication facility's operations as
well as parking and storage.
Re-Invigorating Responsible Party Cleanup and Reuse
In FY 2018, the Superfund Enforcement Program obtained commitments from private parties of
approximately $453 million for site cleanup and $80 million to reimburse the Agency for past costs
for cleanup work at Superfund sites under 174 enforcement settlements, orders, and other tools.
Environmental benefits of these commitments include the cleanup of over 244 million cubic yards of
contaminated soil and water, including thousands of lead-contaminated residential yards, as well as
addressing liability concerns at sites to foster redevelopment.
One of the major highlights of the Agency's cleanup Superfund Enforcement Program under the Task Force is new
guidance to accelerate remedial design (RD) starts at potentially responsible party (PRP)-lead Superfund sites. The
guidance is already being applied and has accelerated RD work by PRPs as highlighted below:
In April 2019, to accelerate the implementation of the record of decision (ROD) and the start of RD at the B.F. Goodrich
Superfund Site in Kentucky, EPA negotiated a settlement agreement with PRPs for RD. The agreement allows the settling
PRPs to begin designing the cleanup while negotiating a separate agreement for the remedial action (RA) phase of the
cleanup.
In May 2019, EPA signed a Superfund Alternative Approach (SAA) administrative settlement for RD in connection with
the Foster Wheeler Energy Corporation/Church Road Trichloroethylene Site in Pennsylvania. The administrative
settlement allows the facility to start the design immediately while the parties complete negotiations and await court entry
of the consent decree.
Also, in May 2019, EPA finalized an administrative order on consent with Bridgeton Landfill, LLC, Cotter Corporation
(N.S.L.), and the U.S. Department of Energy (DOE) to develop a RD work plan for Operable Unit 1 of the West Lake
Landfill Superfund Site located in Missouri. This early response action agreement allows the design of the cleanup to
move forward while the parties negotiate the RA.
Encouraging Private Investment
Private sector tools and approaches to manage environmental liabilities and risks are important to
the cleanup and reuse of contaminated sites. The Agency supports innovative approaches to promote
third-party investment in cleanup and reuse of contaminated properties consistent with EPA's statutory
authorities, as highlighted in the examples below.
In March 2018, two consent decrees were approved that ensure the continued cleanup work and payment
of past and future response costs at two California Superfund sites: Coast Wood Preserving in Ukiah
and Valley Wood Preserving in Turlock. Under the agreements, two small family-run businesses with common owners
transferred the corporate stock in each company to a new shareholder who assumed responsibility for completion of the
cleanup work and long-term operations and maintenance at both sites. The use of a non-traditional approach to reach
a settlement on the responsibility for and financing of the cleanup of the sites will allow these sites, that otherwise may
remain dormant, to get cleaned up and returned to use.
In February 2019, EPA entered into an administrative settlement with Missouri Mining Investments, LLC to conduct
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removal actions at a portion of Operable Unit 2 of the Madison County Mines Superfund Site in Missouri. Missouri
Mining Investments purchased the property from the previous owner as part of an environmental liability transfer to
address mine waste. The settlement will result in the consolidation and capping of on-site mine waste and allowed the
approximately 1,750-acre property to be redeveloped for future mining of cobalt and other metals. Missouri Mining
Investments constructed a new tailings processing facility to recover metals from existing mine waste on site, and
production has already begun.
Promoting Redevelopment and Community Revitalization
In 2019, the Superfund Redevelopment program celebrated 20 years of successfully returning sites to
communities for reuse. A significant Task Force achievement in FY 2018 was increasing the annual
number of sites returned to communities for redevelopment. By redeveloping Superfund sites,
communities are able to use thousands of acres of formerly contaminated land, strengthening local
economies. Many sites that EPA has designated as ready for reuse now host parks, business districts,
renewable energy facilities, wildlife habitats, neighborhoods, and farms. In FY 2018, EPA committed to
increase the number of NPL sites that achieved sitewide ready for anticipated use by roughly 25 percent
over the previous year. Through focused management attention and improved program practices, EPA achieved the
sitewide ready for anticipated use goal at 51 sites in FY 2018, the highest total since FY 2013.
Superfund cleanups are linked to increases in residential property values within three miles of sites after cleanup.
Superfund cleanups also facilitate job creation and enhance local tax bases. As of the end of FY 2018, 529 Superfund sites
have been returned to productive use. These sites support more than 8,600 businesses; host more than 195,000 employees;
and generate more than $13 billion in annual employment income.
Communities that have benefited from this renewed focus on site redevelopment include the following.
EPA identified the Libby Asbestos Superfund Site and the Libby Groundwater Contamination Superfund Site in
Montana as Superfund Redevelopment Opportunity sites. In addition to cleanup restoring neighborhoods and business
areas, parts of the sites are now in reuse. Riverfront Park, for example, has river access, pavilions, a memorial, parking,
and picnic tables. In November 2018, EPA Region 8 recognized the work and collaboration in Libby, Montana, with its
Excellence in Site Reuse Award.
EPA's Superfund Job Training Initiative is a job-readiness program that provides training and employment opportunities
for people living in communities affected by Superfund sites. EPA's goal is to help communities develop job opportunities
and partnerships that remain long after a Superfund site is cleaned up. After a rigorous screening and recruitment
process, 13 trainees were selected to participate in the Fairfax St. Wood Treaters Superfund Site program. Once
selected for the program, the trainees earned three certifications: (1) 40-hour hazardous waste and emergency response,
(2) cardiopulmonary resuscitation (CPR)/first aid, and (3) Occupational Safety and Health Administration 10-hour
construction safety. Participants also completed coursework in work-readiness training. Site contractors have hired eight
graduates of the program to work onsite.
Engaging Partners and Stakeholders.
EPA has long recognized the importance of early and meaningful stakeholder participation and will
continue to enhance community and stakeholder engagement to promote transparency, community
support, and more timely cleanup decisions.
Implementing clear and effective communication and public engagement processes will help accelerate the
pace of cleanups and encourage reuse while addressing risks to human health and the environment.
Since issuance of the July 2017 report and to promote transparency, EPA developed and posted Task Force quarterly
reports to EPA's website to provide a comprehensive list of accomplishments and next steps each quarter since October
2017. Furthermore, in July 2018, EPA released the 2018 Superfund Task Force update to highlight the Task Force work
in the first year that led to significant progress at Superfund sites across the country and to outline next steps for the
recommendations that remained.
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First, EPA developed and released a "Partnership and Stakeholder Engagement Strategy" to increase public participation
and transparency at Superfund sites and to strengthen EPAs partnerships and engagement with: states; tribal governments;
local governments and regional authorities; environmental and community-based organizations - including Environmental
Justice; industry contractors and PRPs; and land development and banking associations.
EPA will continue to seek ways to improve its engagement with other federal agencies, emphasizing protective cleanups
and recognizing site reuse opportunities and successes.
Next, EPA worked with National Environmental Justice Advisory Community (NEJAC) leadership to engage a diverse
array of contamination, remediation, and revitalization experts from across the country representing different levels of
government, business and industry, academia, non-profits, and impacted communities. A series of draft recommendations
were developed, including: improve effectiveness in how EPA engages with communities; provide a "knowledge
foundation" to impacted communities; improve risk communication practices; engage to enable decision making; foster a
community-centric, concentric circle approach to stakeholder engagement; improve information accessibility and amplify
community voices; promote national consistency in application of Superfund policies and promoting best practices;
establish a case study repository; establish a Superfund "Innovation Incubator;" expand Superfund's role beyond cleanup to
community asset creation; increase grant resources for reuse planning assistance and community engagement; and expand
use of health impact assessments as a planning tool.
As part of the Agency's efforts to increase public participation and transparency and strengthen communication with
stakeholders, EPAs Office of Enforcement and Compliance Assurance hosted nine listening sessions to solicit public and
stakeholder input related to specific recommendations. More than 680 persons registered to participate in the sessions,
representing external stakeholders for the legal community; corporations and companies; state, municipal, and tribal
agencies; environmental and other non-profit groups; and public citizens.
Lastly, EPA refocused efforts on improving risk communication with communities and stakeholders at Superfund sites,
particularly at locations where waste has been left in place, and the site requires long-term operation and maintenance and
institutional controls (long-term stewardship). EPA developed a Superfund Risk Communication Improvement Plan to:
1) conduct focused risk communication evaluations at select, priority long-term stewardship sites; 2) continue a national
dialogue on improving risk communication at Superfund sites and build and strengthen partnerships to improve risk
communication; and 3) develop measures for continual improvement of EPA risk communication activities. The following
case study highlights EPAs efforts to improve risk communication at Superfund sites.
At the BoRit Asbestos Superfund Site in Pennsylvania, it was crucial to provide accurate and timely information to
assure the community that potential risks were being addressed. Communication tools included using the Community
Advisory Group to amplify risk communication messaging and using EPAs Technical Assistance Services for Communities
contract to facilitate independent expert consultation services. Robust community involvement and risk communication
throughout the process paved the way for community support for site reuse and continues to play a key role as the site
heads into long-term stewardship. Today, the entire site has been capped and is ready to be used for recreational, non-
residential purposes. Beneficial reuses are already planned or underway by the owners of two of the three parcels.
Note to the reader: This Final Report is organized by Task Force goal and recommendation and contains more detail about
the work completed under each recommendation and in many cases, examples of this work at specific Superfund sites.
Please note that as work progressed over the last two years, a few recommendations were broken into sub-parts or may
overlap. The report is organized to enable the reader to obtain all relevant information under each recommendation, so
some details show up more than once in the report.
The Superfund Task Force Recommendations can be found at https://www.epa.aov/sites/production/files/2017-07/documents/superfund task force report.
pdf.
Quarterly reports can be found at https://www.epa.aov/superfund/superfund-task-force#quarterlv.
The 2018 Superfund Task Force Recommendations Update can be found at https://semspub.epa.aov/work/HQ/197209.pdf.
The Superfund FY2018 Accomplishments report can be found at https://semspub.epa.aov/work/HQ/100001884.pdf.
The final Superfund Task Force Report can be found at https://www.epa.aov/superfund/superfund-task-force-recommendations-and-accomplishments
(All linked material can also be located here.)
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NEXT STEPS
Although EPA is concluding the Superfund Task Force, this important work continues until every site on the NPL
is cleaned up and deleted! To ensure the integration of the work completed under the Task Force into the Superfund
Program, EPA has identified performance measures to impose accountability on the Agency in implementing lessons
learned from the Task Force. More information on each of these measures is found at https://www.epa.gov/superfund/
superfund-task-force-metrics.
In addition to these performance measures, EPA will apply the Task Force work to the Superfund Program by conducting
a review of every site remaining on the NPL. This portfolio review will be strategic and comprehensive. Rather than
analyzing the NPL as one long list, EPA will analyze and compare logical groupings of similar sites to enable the Agency
to better utilize tools and appropriate metrics to truly assess the Agency's work across the country. Sites may be compared
by physical characteristics, similar technologies, similar contaminants, or other considerations. Such an analysis can help
the Agency learn together by sharing best practices, lessons learned, and experiences with new technologies, among many
takeaways, to improve national consistency.
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PERFORMANCE MEASURES
GOAL
INDICATOR OR MEASURE
SCHEDULE TO
IMPLEMENT
1
Number of sites that effectuate human exposure under
sitewide control each year and program to date
In olace
Remedial projects and sites that have achieved groundwater
remedial action objectives
FY2021
Deletions and partial deletions
In olace
Number of NPL sites and sites with SAA Agreements with a
written adaptive management plan (site or project level)
FY2021
Remedies greater than $50 million approved (or modified) by
Administrator - quarterly reporting with annual total
FY2020
Number of NPL sites and sites with SAA Agreements under-
going National Remedy Review Board/Contaminated Sedi-
ments Technical Advisory Group review under revised process
each quarter and each year with program to date total
FY2021
Groundwater flexibilities used annually*
FY2020
Number of optimization reviews and technical support
projects started and completed annually
FY2020
2
EPA will complete 70% of RD/RA negotiations within one year
FY2020
3
Number of Superfund enforcement tools provided to third
parties to encourage investment in the cleanup and/or long-
term protection, including reuse, of contaminated sites by
addressing liability concerns.
In place
4
Total number of NPL sites and sites with SAA Agreements that
have reuse on part or all of site and estimated acres, annually
FY2020
Total acres of land at Sitewide Ready for Anticipated Use stage
at NPL sites and sites with SAA agreements annually
In olace
Reuse economic data (i.e., job creation, income,
number of businesses)
In olace
5
Number of Community Involvement Plans produced in
FY2020 that used EJSCREEN and/or census data to identify
communities with environmental justice concerns
FY2021
Number of Community Involvement Plans produced in
FY2020 that incorporated reuse discussions into
the interview process
FY2021
"EPA will begin tracking this performance measure by reporting the number of technical impracticability waivers approved quarterly.
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GOAL 1
EXPEDITING CLEANUP AND
REMEDIATION
STRATEGY 1:
EVALUATE AND ACCELERATE NATIONAL PRIORITIES LIST SITES TO COMPLETION
BACKGROUND: As of September 1, 2019, there are 1,343 sites on the NPL. These sites (and portions thereof) are in
various stages of investigation, cleanup and reuse. As EPA has added sites to the NPL, the Agency has chosen to spread its
resources across the Superfund pipeline (from remedial investigation (RI) through remedial action (RA), including long-
term response actions) to maximize its ability to make incremental progress at most sites. An effort to accelerate RA and
NPL completions will involve re-prioritizing some resources to focus on remedial actions, construction completions, ready-
for-reuse determinations, and deletions.
RECOMMENDATION 1: Oversee Administrator's Emphasis List of Superfund Sites
What was accomplished?
EPA released the initial Administrator's Emphasis List on December 8, 2017. The list included 21 sites from across the
United States that EPA targeted for immediate and intense attention. In developing this list, EPA considered sites that could
benefit from the Administrator's direct engagement and that have identifiable actions to protect human health and the
environment. These are sites requiring timely resolution of specific issues to expedite cleanup and redevelopment efforts.
EPA adds sites to the Administrator's List by using one or more of the following criteria:
Sites where the Administrator's attention may help to promote more timely resolution of issues and/or advance more
effective cleanup, or enhance human health or environmental protection, or redevelopment opportunities;
Sites with a diverse geographical representation to include various environmental settings, e.g., rivers, urban, rural;
Sites with diverse contamination, e.g., lead, radiation, dioxin contamination; and
Ensure a mix of fund and PRP lead sites.
The dynamic list is designed to spur action at sites where opportunities exist to act quickly and comprehensively. Significant
progress has been made at each of the sites because of this special emphasis. Since 2017, EPA has removed 14 sites from
the list after short-term milestones were achieved. With the fifth update on July 15, 2019, there are 17 Superfund sites on
the list. More detailed information can be found at https://www.epa.gov/superfund/superfund-sites-targeted-immediate-
intense-action.
The following are examples of sites on the Emphasis List and the progress that has been made to date at each of them:
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West Lake Landfill Superfund Site in Missouri
Beginning in 1962, parts of the site property were used for
landfilling of municipal solid waste and construction debris.
Two areas became radiologically contaminated in 1973
when soils mixed with uranium ore processing residues
were used as daily cover in the landfilling operation. Also
located on the site is the Bridgeton Sanitary Landfill, which
ceased operations in 2005. To facilitate cleanup, the site was
divided into three operable units to address contaminated
media. After selecting a remedy in 2008 for Operable Unit
1 to address the areas of the site that contain radiological
material, the Agency spent nine more years conducting
additional investigations and analysis to further characterize
the radiological material. In 2017, EPA committed to the
West Lake community that a final decision on the remedy for Operable Unit 1 would be made by the end of
September 2018. To ensure EPA met its commitment to the community, the West Lake Landfill Site was added
to the Emphasis List in December 2017. The intense and immediate attention and continued oversight by the
EPA Administrator led to finalizing a remedy for Operable Unit 1. On September 27, 2018, Administrator
Andrew Wheeler signed an amendment to the 2008 remedy, meeting EPA's commitment to the community to
finalize a decision by the end of September 2018. The amended remedy includes partial excavation and removal
of radioactive material, capping, and institutional controls. Now that the final remedy has been selected, EPA
has provided certainty to the community of Bridgeton and the greater St. Louis metropolitan area, and cleanup
design is now moving forward. In April 2019, EPA entered into a remedial design administrative settlement
Agreement and Order on Consent with the PRPs at the site to begin RD.
Tar Creek Superfund Site in Oklahoma
The site has five operable units that address contaminated
sediment, soil (including residential properties), surface
water, groundwater, chat piles, and mine, mill and
smelter waste. Since being placed on the NPL 36 years
ago, numerous actions have been implemented at the site;
however, due its complexity and size, the cleanup will
require many years to complete. To focus EPA's efforts,
the site was added to the Administrator's Emphasis List
for immediate and intense action. The milestone was to develop a strategic plan to guide the progress of the site
cleanup with near- and long-term actions. The Strategic Plan, a culmination of a year-long cooperative effort
with the state of Oklahoma and the Quapaw Nation, was released for public comment in March 2019. The Plan
communicates the long-term vision and road map for managing site risks, cleanup, and economic opportunities.
The Emphasis List was instrumental in bringing parties together to develop a timely long-term strategy. EPA
expects to issue the final Strategic Plan in late summer 2019.
The Tar Creek Superfund Site is part of the larger
Tri-State Mining District that consists of thousands of
acres of historical lead and zinc mining areas in northeast
Oklahoma, southeast Kansas, and southwest Missouri.
The site is one of four NPL sites that make up the
Tri-State Mining District.
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Delaware Sand and Gravel Landfill Superfund Site in Delaware
The 27-acre Delaware Sand and Gravel Landfill Superfund Site
accepted municipal and industrial waste from 1968 to 1976. The waste
contaminated soil and groundwater with hazardous substances.
In 2017, 34 years after being placed on the NPL, EPA issued a
second amendment to the ROD to address the source material and
groundwater contamination. The site was placed on the Emphasis List
to expedite a settlement agreement for implementation of the second
ROD Amendment. Placing the site on the Emphasis List effectively
secured a timely settlement with the PRPs to initiate pre-design work
and installation of two groundwater interceptor wells to protect water
supply wells. An administrative order on consent for RD was executed on
How are the accomplishments integrated into the program?
The Emphasis List is dynamic; sites move on and off the list according to which ones need the Administrator's attention
and focus most. EPA released the sixth iteration of the Emphasis List on July 15, 2019.
How will the accomplishments be sustained?
Following the Task Force, the Agency will continue utilizing the Emphasis List to focus the Administrator's attention by
updating the list every quarter. EPA will update its website to reflect changes to the list and to provide sites' progress. EPA
will also look for ways to improve management of the Emphasis List.
RECOMMENDATION 1: Prioritize and take action to expeditiously effectuate control over any site where risk of
human exposure is not fully controlled
What was accomplished?
The Superfund Program has taken many steps to reduce actual or potential human exposure to contamination. In 2017,
the Superfund Program provided the Administrator with a comprehensive list of Superfund sites considered to be "human
exposure not under control" at that time and the actions being taken or to be taken to bring each site to "human exposure
under control" status. Human exposure determinations and descriptions continue to be available on each Superfund
site profile page on EPA website; the Agency updates human exposure status annually or as site conditions change (in
accordance with program operating guidance).
In January 2018, EPA launched an interactive LIuman Exposure Dashboard on the Superfund website to make
environmental indicator information more easily accessible to communities and the broader public. The dashboard
provides real-time human exposure status for all sites in a single, easily accessible webpage. For each site where status
is either "human exposure not under control" or where there is currently insufficient data to make a human exposure
determination (i.e., status of Human Exposure Insufficient Data), the dashboard contains details as to why the site is not
"human exposure under control."
Most importantly, the Superfund Program successfully effectuated
control at a net total of 24 sites in FY 2017 and 32 sites in FY 2018,
compared to 12 sites in FY 2016. Additional information about the
LIuman Exposure Dashboard and the Superfund Site Profile Pages
can be found at https://www.epa.gov/superfund/superfund-human-
exposure-dashboard. An example of a site that achieved "human
exposure under control" are highlighted below:
May 22, 2018.
Annual HEUC Net Accomplishments
2006 2007 2008 2009
2011 2012 2013 2014 2015 2016 2017 2018
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Sharon Steel Corp. (Farrell Works Disposal Area) Superfund Site in Pennsylvania
The Sharon Steel Corp. (Farrell Works Disposal Area)
Superfund Site was considered Human Exposure Not
Under Control due to estimated unacceptable risk
from the inhalation and/or ingestion of heavy metals,
particularly manganese, from slag waste on and in
surface soil. The PRP operating the onsite asphalt
plant implemented cleanup actions including a dermal
cover over exposed soil and slag using either clean soil,
aggregate, or concrete across the 29-acre Operable Unit
2 (where the asphalt plant is located). Construction was
substantially completed in April 2019seven months
ahead of the agreed upon schedule. Due to these
efforts, EPA was able to designate the site as "Human
Exposure Under Control" in April 2019.
How are the accomplishments integrated into the program?
EPA will continue to update Superfund site human exposure status
annually or as site conditions change; the Human Exposure Dashboard
and the Superfund Site Profile pages reflect the changes in real time. In
April 2018, the program solicited feedback from EPA regional offices on
best practices for managing human exposure at sites nationally In May
2018, EPA's National Environmental Indicator Workgroup, comprised
of 10 regional and headquarters environmental indicator experts, met
to establish environmental indicator best management practices. These
best management practices include the following:
Periodic management focus on environmental indicators;
Consideration of human exposure status in prioritization of site
work;
Regular review and management attention to "human exposure
not under control" /human exposure insufficient data;
Increased information sharing and coordination via tools,
educational resources, and training;
Increased situational awareness of linkages between environmental indicators, the Sitewide Ready for Anticipated
Use metric, and five-year review protectiveness determinations; and
Continued focus on quality environmental indicator data.
Many regions have and continue to integrate these best management practices into their regional operations, with an
overarching goal to effectuate control at Superfund sites where human exposure is not currently under control. To
continue a national focus on prioritizing control at "human exposure not under control" sites, EPA regional offices
reviewed all "human exposure not under control" sites estimated to become "under control" within the next five fiscal
years (i.e., FY 2019 through FY 2023) and identified steps to accelerate the sites' achievement of the human exposure under
control" milestone (if possible). Regions then discussed options for "prioritizing effecting control at these sites, including
both opportunities and challenges during the program's annual work planning discussions in August 2018.
How will the accomplishments be sustained?
The National Environmental Indicator Workgroup continues to discuss and address environmental indicator issues
and consider future improvements to national environmental indicator program management. The Superfund
headquarters environmental indicator coordinator continues to closely monitor human exposure changes and coordinates
Human Exposure Environmental Indicator Status
Under Control - 1514
Notes: Pie chart data exclude 48 Proposed, 10 Final, and 5
Deleted sites that are not in the Environmental Indicator
baseline. Data as of 07-08-2018 13:15. https://www.epa.gov/
superfund/superfund-human-exposure-dashboard#summarv
te,"
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SUPERFUND TASK FORCE FINAL REPORT
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with the regions to answer questions, address issues, and to strategize achievement of annual program targets. The
Superfund Program continues to report annual accomplishments for this metric in the Superfund Remedial Annual
Accomplishments report, EPA's Report on the Environment, and on the Superfund Remedial performance measures
webpage on EPA website.
RECOMMENDATION 1: Develop list of potential NPL sites to target for completion and develop recommendations
for tracking and reporting progress
What was accomplished?
EPA developed and applied criteria to identify potential NPL sites to target for this recommendation. The program
reviewed ongoing projects with unusually long durations in an effort to identify root causes. This information is being used
to support program metrics development and a methodology for tracking and reporting site investigation and cleanup
activities' progress. EPA created a new internal visual management tool, which will facilitate ongoing projects' routine
review based on project duration and other key site characteristics.
How are the accomplishments integrated into the program?
The new internal visual management tool will allow program managers in headquarters and all regional offices to more
closely monitor site progress across the Superfund remedial pipeline. The tool utilizes real-time data from the Superfund
Enterprise Management System (SEMS), the program's authoritative data source for project schedules.
How will accomplishments be sustained?
The program will continue to conduct annual regional work planning sessions to discuss program priorities, metrics,
and site progress. More frequent program review sessions between headquarters and the regions will be instituted to
help ensure greater oversight on overall progress at the project, site, and program level. The program anticipates that
these efforts will result in additional candidate sites to consider for NPL deletion or partial deletion, as discussed under
Recommendation 2.
RECOMMENDATION 2: Focus resources on maximizing deletions/partial deletions, including review of policy and
tracking eligible sites
What was accomplished?
After a review of current NPL deletion policies and practices, EPA developed several recommendations relating to both
procedural and technical issues that may affect an NPL site's deletion or partial deletion. In June 2018, EPA issued a
memorandum to regional offices emphasizing the importance of close coordination between the remedial and legal
programs to ensure institutional controls' timely implementation. The program also now provides senior Agency officials
with a monthly projection of deletion actions. Due to more direct attention to the sites potentially eligible for partial
or full deletion, the Agency deleted all or part of 22 sites from the NPL in FY 2018, the largest number of deletions
accomplished in one year since FY 2005 and a significant increase over the past few years. As of September 1, 2019, EPA
has accomplished two full deletions and seven partial deletions in FY 2019. In FY 2019, EPA intends to exceed the prior
year's deletion action achievements.
EPA identified the deletions process as a meaningful project to review under EPA Lean Management System1. A workgroup
of headquarters and regional experts conducted a detailed review of the current steps involved in a single deletion action
and identified opportunities to reduce redundancies, encourage concurrent process steps, and improve consistency in a
manner that will lead to efficiencies.
1 EPA Lean Management System is a set of a practices and tools that EPA is employing to support all Agency staff and managers in identifying and
solving problems where they occur.
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The Task Force emphasis on deletions has provided comfort to communities that no further cleanup is required at
neighboring sites that have been on the NPL for a number years. In particular, EPA recently deleted these three sites, which
were part of EPA's first NPL rulemaking in 1983.
Fulton Terminals (New York): The City of Fulton, the current owner of the former facility property, is interested in
developing the land for community use;
Whitehouse Oil Pits (Florida): Currently, the site is used as a natural ecological buffer for the floodplain of the
adjacent creek, and there is potential for possible recreational land uses in cooperation with the city; and
Frontier Hard Chrome (Washington): Current site reuse activities include a pipe fabrication facility's operations as
well as parking and storage.
More information regarding NPL site deletions can be found at: https://www.epa.gov/superfund/superfund-national-
priori ties-list-deletion.
How are the accomplishments integrated into the program?
EPA focused on moving sites from construction complete through the cleanup process to deletion with an emphasis on
partial deletions where cleanup is complete at a portion of the site and reuse maybe possible. The Agency will continue to
monitor deletion candidates monthly to maximize opportunities to demonstrate completion of cleanup activities.
How will the accomplishments be sustained?
The workgroups streamlining of the deletions process will maximize the program's ability to sustain future increased
deletion accomplishments. Sustained efforts include continued training to increase regional deletions expertise and sharing
information on effective approaches to moving sites to deletion. EPA announces deletions and partial deletions on EPA
website at https://www.epa.gov/superfund/superfund-national-priorities-list-npl-deletion-search.
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NPL Deletions by Fiscal Year
25
20
~ Partial
~ Full
FY19 Projected: 22+
LA
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STRATEGY 2:
PROMOTE THE APPLICATION OF ADAPTIVE MANAGEMENT AT COMPLEX SITES AND EXPEDITE
CLEANUP THROUGH USE OF EARLY/INTERIM RODS AND REMOVAL ACTIONS
BACKGROUND: Adaptive management is an approach particularly useful at large or complex sites that focuses
limited resources on making informed decisions throughout the remedial process. Adaptive management requires
the development of a clear site strategy with measurable decision points and focuses site decision-making on a sound
understanding of site conditions and uncertainties. Based on site uncertainties, decisions are made from data collection to
remedy selection and implementation that allow for the ability to adapt if these uncertainties result in fundamental changes
to site conditions.
Under an adaptive management strategy regions are encouraged to consider greater use of early actions, including use of
removal authority or interim remedies, address immediate risks, prevent source migration, and return portions of sites to
use pending more detailed evaluations of other site areas. The characterization data collected to support early action can be
used to update the site conceptual site model and reduce the remedial investigation/feasibility study's (RI/FS') duration and
cost. This approach will be most effective at contaminated sediment and complex groundwater sites where using removals
or early actions to address sources or areas of high contamination is highly efficient.
RECOMMENDATION 3: Promote the Application of Adaptive Management at Complex Sites
What was accomplished?
In response to the Task Force recommendation, EPA is developing an implementation plan for utilizing adaptive
management on a more structured and broader scale. First, EPA issued a memorandum to its regional offices that provided
a working definition of adaptive management and outlined an implementation plan to expand its use at Superfund sites.
Next, EPA is implementing six pilots to demonstrate the benefits of implementing a formal and structured adaptive
management process at complex Superfund sites and to collect lessons learned from adaptive management
implementation. The pilots represent three complex mining sites and three complex groundwater sites. The Superfund
adaptive management pilot program is pursuing the development of both the site- and project-level adaptive management
frameworks or management plans. The pilots are described below.
1. Bonita Peak Mining District Superfund Site, CO
Objective: Develop an adaptive management site plan that will include the development of high-level site
remediation goals and formation of a framework for achieving these goals by prioritizing future response actions.
2. Ore Knob Mine Superfund Site, NC (Passive Water Treatment System)
Objective: Demonstrate how a formal adaptive management framework can be described in a Superfund remedy
decision document.
3. Baytown Township Ground Water Plume Superfund Site, MN (Strategy to Reach a Final Remedy)
Objective: Demonstrate how an adaptive management plan can target resources and structured decision-making
with the goal of moving a site with an interim source control remedy to a final remedy decision.
4. 10th Street Superfund Site, NE (Groundwater Remedy Completion Strategy)
Objective: Demonstrate how adaptive management can be applied at a groundwater site in operation and
maintenance to support decision-making with a drive towards expediting site completion.
5. Bunker Hill Mining & Metallurgical Complex Superfund Site, ID (Lower Basin)
Objective: Demonstrate how an adaptive management plan can be developed for a complex, large mining site with
a focus on remediation efforts under a ROD.
6. Naval Undersea Warfare Engineering Station Superfund Site, WA (4 Waste Areas)
Objective: Demonstrate how an adaptive management plan can support the development of potential RA
approaches for a site in operation and maintenance that is not meeting groundwater and surface water goals.
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How are the accomplishments integrated into the program?
As part of the pilot efforts, EPA is creating adaptive management plan templates. These management plans will be
living documents that outline objectives, site/project strategies, stakeholder roles and responsibilities, and a structured
adaptive decision-making process. These plans will be reviewed and modified as site conditions change.
In addition to the formal pilots, EPA has encouraged regions to consider employing adaptive management at sites not
part of the pilot program. If regions consider the use of adaptive management, the Task Force will consult with these
regions to ensure its use is consistent with pilot efforts.
How will accomplishments be sustained? Lessons learned from the pilot efforts will be used to develop a more detailed
adaptive management directive and training in FY 2020. In addition, EPA is developing a SharePoint site for regional
use to share case studies and templates.
ADAPTIVE
MANAGEMENT PROCESS
L
IT
Assess (Modify)
Performance Plan
Assess (Modify)
Performance Plan
Optimize
t \ t
1 RI/FS * B RD/RA * 1 O&M
Investigate Build Investigate Assess Operate
Identify
Technologies
Analyze
S /
Design^
TE
ROD Record of Decision RD/RA Remedial Design/Remedial Action
ROD-A ROD Amendment RI/FS Remedial Investigation/Feasibility Study
ESD Explaination of Significant Differences O&M Operation and Maintenance
(Modify)
P an
v ~
Monitor^
Bonita Peak Mining District Superfund Site, CO
The site consists of 48 historical mines or mining-related sources throughout
the Mineral Creek, Cement Creek and Upper Animas River areas in San Juan
County, CO. Critical to the development of a site management plan is upfront
coordination and input from key stakeholders. To facilitate this coordination,
EPA convened a stakeholder meeting in Denver, Colorado. In attendance were
EPA (Headquarters and Region 8), the U.S. Forest Service, Bureau of Land
Management, and state of Colorado representatives. The presentation included a
primer on adaptive management, an overview of an adaptive management plan,
and specific discussions on the Bonita Peak elements under development.
The meeting facilitated agreement and understanding of adaptive managements
use at the site; provided a forum for discussing site principles, including
goals, priorities, and a site strategy; and initiated a discussion on the adaptive
management decision-making process. Additional stakeholder outreach and
input, including community outreach and engagement, will continue as the site
management plan is developed.
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Berry's Creek Study Area at the Ventron/Velsicol Superfund Site in New Jersey
Berry's Creek is a tributary to the Hackensack River traveling through
Carlstadt, East Rutherford, Lyndhurst, Moonachie, Rutherford, Teterboro,
and Wood-Ridge, and includes approximately six miles of waterway,
tributaries to the creek, and approximately 750 acres of marshes. The major
contaminants are mercury, methyl mercury, polychlorinated biphenyl, and
chromium, which are at high levels in the water and sediment.
Based on the understanding of source areas and the need for further
information to develop risk-based cleanup goals, EPA decided to utilize
adaptive management principles, addressing the portions of the Study Area
causing the highest risk and acting as a source of contamination to other
areas, and then to evaluate the impact of that cleanup on the remaining
portions of the site so that risk-based cleanup goals could be developed.
The ROD selected an interim remedy that includes bank-to bank cleanup
of waterway sediment in Upper and Middle Berry's Creek, to eliminate
or isolate the source of contaminants that are being remobilized and backfilling to restore the waterways to their
current depth. The areas selected for this cleanup address a major portion of the contamination within Berry's
Creek, which act as a source of contamination to the other areas of the site, as well as to animal life.
A marsh demonstration project will help evaluate the effectiveness of the interim remedy as well as assess if a thin
layer cap of the marshes will sufficiently reduce risk from exposure to the soils in the marshes. This information
will be used to develop risk-based remediation goals.
A decision for other areas (Lower Berry's Creek and Berry's Creek Canal) and approximately 700 acres of tidal
marshes will be made after EPA has evaluated the effectiveness of the interim remediation.
STRATEGY 3:
CLARIFY POLICIES/GUIDANCE TO EXPEDITE REMEDLATION
BACKGROUND: Regions should be consistent in prioritizing RI/FSs to identify those sites that need more immediate
action to help focus available funds and resources. Targeting EPA's efforts, resources, and funding may achieve efficiencies
in both performance and results. These efficiencies, in turn, will help foster cooperative partnerships, shorten review
times, target sampling and analysis, engender creative thinking, provide a higher level of program accountability, and
communicate EPA's commitment to the public. To accomplish these objectives, the program will focus resources (funds
and personnel) on NPL site-related activities and should establish Rl/FS timeframes and financial limits.
Superfund statutory (CERCLA and its amendments) and regulatory (the National Oil and Lfazardous Substances Pollution
Contingency Plan) provisions outline key groundwater restoration principles. Developing improved guidance in this area
may help facilitate more timely remedy decisions and may increase use of inherent statutory and regulatory flexibilities-
such as phasing cleanup actions, considering monitored natural attenuation, and determining whether a technical
impracticability waiver is warranted. When considered early in the cleanup process, these strategies may allow for early
stakeholder consensus and input and more expedient remedy implementation.
Remedy decision consistency is, in part, facilitated by the National Remedy Review Board and the Contaminated
Sediments Technical Advisory Group. Current policy provides that all remedy decisions estimated to cost more than $50
million must be approved by the Administrator to promote national consistency and expedite remedy completion.
Administrator Wheeler, Peter Lopez, Region 2
Administrator (right), Michael Sivak, Region 2
(center)
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RECOMMENDATION 4: To Better Promote National Consistency and Review, Update the Authority for Approval of
the Remedy Selection While Considering the Retained Authority of the Administrator
What was accomplished?
EPA developed a review process and flowchart for the Administrator's review and approval of remedies estimated to cost
equal to or greater than $50 million or changes to a remedy with an original cost more than $50 million. As of September 4,
2019, the EPA Administrator has participated in the decision-making process for 21 sites.2
EPA is revising the charters for the National Remedy Review Board and the Contaminated Sediments Technical Advisory
Group to ensure greater consistency in national remedy selection and improve the overall performance of the Superfund
Program. The National Remedy Review Board peer review process underwent significant revisions, including conducting
primary review earlier in the RI/FS process and adding follow-up meetings later in the remedy development process.
These changes will allow remedial project managers to benefit from the insights of a focused review earlier in the remedy
selection process while also providing expert input later in the remedy development process. The Contaminated Sediments
Technical Advisory Group charter was modified to engage with regions at select points during the RI/FS rather than on a
yearly schedule. Both groups' charters will be available on the EPA website.
How are the accomplishments integrated into the program?
The Administrator will continue to review remedy decisions equal to or greater than $50 million. The Agency is closely
tracking planned decisions that trigger the Administrator's involvement to ensure that involvement is timely. EPA has
also outlined an enhanced headquarters/regional engagement process to provide earlier feedback and to facilitate issue
resolution during the RI/FS. The updated charters complement this process by providing technical expertise to complex
sites that warrant additional resources.
How will the accomplishments be sustained?
The National Remedy Review Board and Contaminated Sediments Technical Advisory Group will meet regularly to
identify trends, issues, lessons learned, and best management practices. These findings will be summarized in an annual
report, which will identify policies that may benefit from additional guidance and identify opportunities to operationalize
lessons learned/best management practices into the Superfund Program. The decision-making process and the remedies
the Administrator approves can provide guidance in EPA's future remedy selection in the Agency's portfolio review of the
NPL, ensuring that remedy selections are not isolated decisions.
Mississippi Phosphates Corporation Superfund Site in Mississippi
EPA signed a $107 million action memorandum to fund the site's cleanup. The memorandum selects a $71.6
million cleanup and includes an additional $36 million for ongoing wastewater
treatment during the three-year cleanup period estimated to end at the end of
2020. The site is a former diammonium phosphate fertilizer plant that began
operation in the 1950s. The facility ceased operations in December 2014 under
Chapter 11 bankruptcy protection, leaving more than 700,000,000 gallons
of acidic, nutrient-rich wastewater stored at the facility. The action memo
addressed closure of a gypsum stack that was generating millions of gallons
of wastewater, resulting in ongoing operations and maintenance costs. The
Administrator's involvement in the remedy decision ensured the Agency's
selection of a high-cost remedy was made with increased oversight and
accountability. This engagement helps ensure remedies are nationally consistent
and that the Agency expends its limited resources wisely.
2 San Jacinto River Waste Pits, TX; USS Lead, IN; Mississippi Phosphate, MS; Casmalia Resources, CA; Hanford, WA; B.R Goodrich Calvert City, KY; American Cyanamid, NJ; Ventron/Velsicol
Wood Ridge Borough (Berry's Creek), NJ; West Lake Landfill, MO; Atlantic Wood, VA; Newton County Mine Tailings, MO; Commencement Bay, Near shore/Tide flats, WA; Wyckoff Co./Eagle
Harbor, WA; Centredale Manor, RI; Silver Bow Creek/Butte Area, MT; Quendall Terminal, WA; Portland Harbor, WA; Oak Ridge Reservation, TN; Matteo, NJ; Anaconda Company Smelter,
MT; and Petroleum Products, FL
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Silver Bow Creek/Butte Area Superfund Site in Montana
Beginning in the late 1800s, mining wastes were dumped into areas in
and around Butte, as well as into streams and wetlands near mining
operations. In addition, smelters and mills produced aerial emissions
contaminated with arsenic and heavy metals. In 2006, EPA published
the Butte Priority Soils Operable Unit ROD, which established in-stream
water quality standards for the remedy. Based on extensive data collection
and modeling, EPA has determined that some of these standards are
technically impracticable to achieve. In April 2019, with support from
Administrator Wheeler, Region 8 published a proposed plan to amend
the 2006 ROD. EPA is proposing to amend current in-stream acute water
quality standards for copper and zinc (which apply during storms and
other high-flow events) and replace those standards with EPA promulgated water quality criteria. Other changes
include defining expanded areas for floodplain removal, expanded groundwater controls, removal of additional
tailings, and construction of stormwater retention/detention basins.
RECOMMENDATION 5: Clarify Priorities for RI/FS Resources and Encourage Performing Interim/Early Actions
During the RI/FS Process to Address Immediate Risks
What was accomplished?
EPA often takes early actions at NPL sites to address current exposure, reduce risk and threats quickly, prevent further
contaminant migration, and to speed up site reuse. The Agency seeks to more routinely consider and implement early
actions during the RI/FS process. Based on a review of current interim and early action guidance, EPA has developed a
regional memorandum re-iterating early and interim action policy and encouraging use of early action (including interim
actions and non-time-critical removal actions) as part of RI/FS scoping and throughout the RI/FS process. The memo
conveys the key concept that early action, if appropriate, should be developed as part of a dynamic site strategy.
How are the accomplishments integrated into the program?
Integrating consideration of early action during the site cleanup process initial phases is meant to accentuate these
opportunities. EPA plans to provide further information on development and maintenance of a sitewide strategy that
considers and documents the role of early and interim actions.
How will the accomplishments be sustained?
To share lessons learned at successful early actions, EPA will produce case studies and deliver webinars and enhanced
training to regional staff.
Southside Chattanooga Lead Superfund Site in Tennessee
The Southside Chattanooga Lead site entails cleaning up 1,100 properties
in eight residential neighborhoods where lead has been detected above
health-based benchmarks. Lead-bearing material from past foundry
operations was used as fill and topsoil across the site, leading to some
properties with elevated lead levels in soil. In February 2019, EPA issued a
ROD to conduct an early action to address immediate risks, while both RI
and screening-level ecological risk assessment activities are ongoing. This
early action approach is consistent with the Task Force's recommendation
to undertake early actions at sites to mitigate immediate risks while
investigation activities are underway.
Tim Fox, Attorney General for Montana (far left);
US Senator Steve Daines (Montana) (center) and
Administrator Wheeler
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RECOMMENDATION 6: Provide Clarification to the Principles for Superfund Groundwater Restoration
What was accomplished?
EPA identified a need to better communicate Superfund groundwater policy and guidance, specifically groundwater policy
flexibilities. The multiple guidance documents and dispersed nature of where and how the policies and documents are
displayed hindered effective use of these flexibilities by cleanup professionals. As a first step, the Agency redesigned the
way the Superfund website organizes and describes groundwater policy and guidance documents. The revised website
introduces groundwater, how it becomes contaminated, and the different approaches used to address the problem. Each
subsection of the website provides a table of contents that links to specific types of policy and guidance and clearer
document descriptions. The revised website is available at https://www.epa.gov/superfund/superfund-groundwater-
guidance-and-reports.
EPA also identified a need to further standardize review of operating groundwater remedies to enhance Superfund's
technology transfer program to better disseminate state-of-the-practice groundwater characterization and remediation
information and to track completed groundwater cleanups.
How are the accomplishments integrated into the program?
EPA plans to further standardize the review and optimization (see Recommendation 7) of operating groundwater
remedies. The Agency has initiated development of an integrated manual to consolidate the multiple Superfund
groundwater policy and guidance documents, including those related to flexibilities, to clearly define policy and help
reduce the time and resources necessary to complete groundwater cleanups.
In addition, EPA is developing classroom training to present up-to-date cleanup information to regional staff and other
groundwater remediation professionals and creating web-based training on groundwater topics, such as technical
impracticability waivers and monitored natural attenuation, for EPA staff and external audiences.
How will the accomplishments be sustained?
EPA is employing a variety of tools to sustain the Superfund Task Force reforms, including enhancing its current
Superfund groundwater coordination to improve information sharing, timely sharing of best practices, and reporting and
tracking of groundwater cleanup actions. Furthermore, EPA will more closely track use of groundwater flexibilities (such as
technical impracticability waivers), groundwater cleanup completions, and use of innovative technologies and approaches
and associated lessons learned. This information will be included in ongoing and future classroom and web training for
EPA headquarters and regional staff and external stakeholders.
Groundwater Technical Impracticability Waivers*
Total = 103
2 2 2 2 2
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017
Fiscal Year
Technical impracticability waivers are one of the available groundwater flexibilities.
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Groundwater Cleanup Flexibilities
At most sites, the groundwater cleanup approach may incorporate one or more flexible provisions that are
found in existing Superfund laws, regulations, policy and guidance. The four provisions described below may be
selected and adjusted to meet site-specific conditions and remedial needs. A phased approach to the selection and
implementation of groundwater remedies and a groundwater completion strategy both allow a remedial approach
to be flexible as remedy effectiveness is evaluated and site conditions change. If a remedy is not achieving cleanup
objectives, an effective phased approach and completion strategy will lead to reconsideration of the remedial
approach and, if appropriate, the use of one or more flexible provisions.
Flexible Provisions
Monitored natural attenuation - Depending on site conditions and cleanup goals, response actions may
include active treatment or less active approaches. For certain sites, monitored natural attenuation, which
relies on natural processes that decrease or attenuate soil and groundwater contaminant concentrations, may
be used to complement or as an alternative to pump-and-treat or other active technologies.
Technical impracticability - EPA recognizes that it may not be possible to restore groundwater to its
designated beneficial use in some cases. In situations where, from an engineering perspective, it is not
possible to restore all or part of a groundwater plume, EPA may waive applicable or relevant and appropriate
requirements (ARARs) and establish alternative, protective remedial strategies.
Designated beneficial use - How current and future use of groundwater are determined may be based on
EPA designation or designation by state or tribal authorities. EPA recognizes the central role of the states
and tribes in making groundwater protection decisions; if a state has an EPA approved Comprehensive State
Groundwater Protection Plan3 or other codified groundwater standards that meet the regulatory criteria,
those are the standards that will drive the groundwater cleanup.
Remediation timeframe - Remediation should be completed as expeditiously as possible; however, the
time required for remediation may be extended based on site-specific conditions, future use, remediation
approach and technology and other factors.
Flexible Strategies
Phased Approach - Site response activities are implemented in a sequence of steps, or phases, such that
information gained from earlier phases is used to refine subsequent investigations, objectives, or actions.
Phased remedy approaches may include the implementation of early and interim actions. A phased
approached may be most appropriate with varied degrees of contamination over the area of the site.
Completion Strategy - A completion strategy is a tool to help assess whether the remedial action is working
as anticipated and helps focus resources on gathering the most relevant data and other information to
inform decision-making on the given remedy's future steps. The strategy has three key elements::
Understanding the site conditions;
Designing site-specific remedy evaluations; and
Developing performance metrics and collecting monitoring data.
3 Thirteen states have Comprehensive State Groundwater Protection Plans: Alabama, Connecticut, Delaware, Georgia, Illinois, Massachusetts, Nevada, New Hampshire, Oklahoma, Rhode
Island, Vermont, Washington and Wisconsin.
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B.F. Goodrich Superfund Site in Kentucky
The B. P. Goodrich Superfund Site is a complex
mixture of fine-grained and coarse-grained
sediments present as both separate bodies
and interbedded. Dense nonaqueous phase
liquid (DNAPL) is distributed among these
diverse hydrogeological units. An analysis of
the extensive and comprehensive database
of geologic, hydrogeologic, and chemical
information indicates that approximately half
of the site's 3.5 million cubic yards of DNAPL-
impacted soils are comprised of fine-grained
sedimentary units such as silts, clays, and interbed
formations (approximately 13,000,000 pounds).
An extensive infrastructure network exists at the
site, limiting the implementation of potential
remedial technologies. This existing infrastructure includes subsurface sumps and catch basins to collect spilled
or overflowing liquids, pipelines and trenches to convey fluids to storage or discharge, and various treatment
systems. Numerous investigations conducted over the years amassed an extensive amount of data regarding the
geology, hydrogeology, and contaminant distribution. The engineering difficulty of groundwater restoration with
these very large volumes of DNAPL,complex interbedded fined grained units, and technology access limitations
were the major factors leading to a technical impracticability waiver, one of EPA's groundwater flexibilities, for the
groundwater on a portion of the site.
STRATEGY 4:
USE BEST MANAGEMENT PRACTICES, SYSTEMATIC PLANNING, REMEDY OPTIMIZATION, AND ACCESS
TO EXPERT TECHNICAL RESOURCES TO EXPEDITE REMEDIATION
BACKGROUND: Site characterization and RAs can take years to complete, especially when site conditions are complex
and dynamic. Remedial activities should be continually reviewed and optimized to enhance understanding of site
conditions as they evolve and consider recent technological advances in site characterization and cleanup.
Undertaking thorough, systematic planning early in the cleanup process and throughout the project lifecycle, coupled with
technical support for remedial project managers, can improve project management of site cleanup projects. As site work
progresses, reviewing progress through independent, third-party remedy optimization can maximize project effectiveness
throughout its life cycle. Applying best science, researching innovative technologies and cleanup approaches for their
applicability, and employing optimization best management practices are important to site cleanup success. Best practices
are being shared within EPA headquarters, regions, and Office of Research and Development laboratories through direct
technical support and advice, technical fact sheets, webinars and face-to-face training.
Recent developments in real-time investigation technologies and data visualization techniques offer opportunities to build
robust understanding of site conditions, which can be portrayed in conceptual site models focused on the primary sources
of contamination and the most important targets for RA. Advances in electronic data capture and distance collaboration
platforms enable project stakeholders to work as a team on RI/FS and RD and RA activities, helping ensure all stakeholder
concerns are considered as project implementation occurs. In this way, the team can focus on taking actions that drive sites
toward completion.
Explanation
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RECOMMENDATION 7: Promote Use of Third-Party Optimization Throughout the Remediation Process and Focus
Optimization on Complex Sites or Sites of Significant Public Interest
What was accomplished?
For August 2017 through September 2018, EPA initiated 17 and completed
26 third-party remedy optimization evaluations. EPA will report this year's
numbers at the end of September 2019.EPA is compiling a report on lessons
learned and the implementation status of more than 300 recent optimization
recommendations. To date, the Superfund optimization program has made
over 2,000 technical recommendations across hundreds of optimized
remedies, and overall, 64 percent of optimization recommendations were
implemented, are in progress, or are planned, with an additional 15 percent
under consideration. Further, EPA has established criteria to allocate
optimization resources in a manner consistent with the Task Force report's
objectives and priorities. These priorities emphasize optimizing sites that
are: "human exposure not under control", particularly those involving
groundwater migration; large and complex, such as large sediment sites
and sites with remedies greater than $50 million; projected to be completed
within 5-15 years and where optimization may accelerate closure; and on the Emphasis List. More information on EPA's
optimization program can be found at https://www.epa.gov/superfund/cleanup-optimization-superfund-sites.
How are the accomplishments integrated into the program?
EPA will continue to use the optimization resource allocation scheme to enhance cleanup progress at sites with the targeted
characteristics. To advance optimization as a tool throughout the cleanup pipeline - from RI through RA (including
long-term response actions) - EPA is implementing several projects to advance optimization practices and related tools,
including:
Expanding the number of third-party optimization service providers and identifying additional team members who
can lead optimization projects;
Increasing efficiencies, where possible, by: (1) conducting more optimization projects that look at multiple, related
sites in a region in a single optimization event and (2) conducting less intensive "desk top" optimizations where
appropriate;
Developing best management practices fact sheets based on lessons learned from individual optimization projects
and continuing classroom and webinar training programs; and
Improving tracking of ongoing optimization projects and implementation of resulting recommendations. EPA
issues periodic reports on optimization findings and status and is developing brief project summaries to capture key
optimization evaluation recommendations to disseminate results more widely to the cleanup community.
How will the accomplishments be sustained?
EPA will continue to work to identify priority site optimization candidates and will implement the program efficiencies
noted above. EPA plans to issue a biennial report that provides a national summary of the optimization projects and
results.
Remedial Investigation
Feasibility Study
Remedial Design
Remedial Action
Long-Term Response Action
Operation and Maintenance
Optimization is applicable throughout the site
characterization and remediation process.
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St. Regis Paper Company Superfund Site in Minnesota
rr- St, Regis Paper Company Site
One example of an optimization completed during the two-year Task Force
took place at the 125-acre St. Regis Paper Company Superfund Site located
within the external boundaries of the Leech Lake Band of Ojibwe Indian
Reservation. The wood treatment facility operated from the 1950s to the 1980s
using creosote and pentachlorophenol. The facility's operations contaminated
soil and groundwater with hazardous chemicals. The contaminants of concern
include pentachlorophenol, dioxin, and polycyclic aromatic hydrocarbons.
A pump-and-treat system has been operating since the 1980s. In 2018,
EPA conducted a third-party optimization review that leveraged historical
operating data and focused on the performance of the treatment system and
the current characteristics of the contaminated groundwater. The review
resulted in several recommendations to potentially speed up site cleanup. EPA
is evaluating the recommendations, and incorporating lessons learned into other ongoing optimization projects
and best management practice fact sheets.
Elizabeth Mine Superfund Site in Vermont
The Elizabeth Mine Superfund Site is an abandoned copper mine that
consists of two mine tailings piles, one area of waste rock and heap leach
piles, two open-cut mines, several adits (horizontal mine entrances),
underground shafts and tunnels, ventilation shafts, and several former
ore processing buildings, as well as other on-site structures. A pump-and-
treat remedy has operated at the site since 2008.
In 2016, EPA completed a third-party optimization review of the current
site remedy and the planned construction of a passive treatment system to
remove iron from leachate discharge. One optimization recommendation
was to perform pilot-testing for at least one year to ensure the passive
treatment systems success under different seasonal conditions. In response to the recommendation, pilot testing
occurred in 2017 and focused on two passive treatment technologies (iron terrace and limestone drain). The pilot
results supported installation of a full-scale system in 2018, which will be completed and operational in 2019.
The final design for the passive treatment system fully evaluated the optimization recommendations, including
separation of dilute and high-concentration flows. As with other optimization projects, lessons learned from this
optimization are being considered for other projects and included in best practices fact sheets.
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RECOMMENDATION 8: Reinforce Focused Scoping Which Closely Targets the Specific Areas for Remediation and
Identify and Use Best Management Practices in the Remedial Investigation/Feasibility Study Stage
What was accomplished?
This recommendations intent is to improve and streamline the RI planning process. EPA issued three technical guides
to assist environmental professionals in scoping, data management, and strategic sampling activities to help strengthen
Superfund site characterization activities. The guides are intended to improve site remedy decisions and remedy
performance:
Smart Scoping for Environmental Investigations Technical Guide;
Strategic Sampling Approaches Technical Guide; and
Best Practices for Data Management Technical Guide.
EPA also provided classroom training related to these best management practices at the 2017 National Association of
Remedial Project Managers training conference and has delivered several trainings in regional offices and via public
webinars. In addition, EPA is revising a 1989 RI/FS scoping fact sheet to recommend ways to streamline complex technical,
policy, and contractual needs to effectively scope the RI/FS. The fact sheet will encompass both the conceptual site model
and the site management strategy's scoping roles. To further assist EPA site teams, EPA is creating a new RI/FS toolbox,
an internal online summary of new RI/FS policies and guidance, innovative site characterization tools and remedies, and
relevant case studies. For instance, headquarters provided assistance to EPA Region 9 to plan and implement sampling at
the Carson River Mercury Superfund Site in Nevada.
How are the accomplishments integrated into the program?
The Superfund Program will be focused on assisting sites in transition between Superfund remedial phases or sites that are
in transition between contract vehicles. EPA will be developing new online training for site teams and developing guidance
on how to integrate scoping and project management best practices into site cleanup projects. In addition, EPA will assist
states, tribes, and contractors in applying these best management practices.
How will the accomplishments be sustained?
Through its technology transfer and support efforts, the Superfund Program will continue to provide site-specific technical
support on RI/FS scoping, as well as continuing to deliver webinars and in-person training.
Carson River Mercury Superfund Site in Nevada
In 2018 and 2019, the Carson River Mercury Superfund Site in Nevada applied the three scoping guides' best
management practices, while planning and implementing an incremental sampling study of soils contaminated
with lead, arsenic, and mercury. The Carson River site's 130-mile length makes it a good candidate to demonstrate
how innovative planning and sampling procedures will streamline site characterization and property assessment.
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RECOMMENDATION 9: Utilize State-Of-The-Art Technologies to Expedite Cleanup
What was accomplished?
EPA's Superfund technology transfer program has incorporated the practices initiated under this recommendation to
advance promising state-of the-art technologies and tools for streamlining and improving the cost and performance and
shortening the duration of site cleanups. Efforts include partnerships with federal and states agencies with a shared interest
in advancing innovation, including: collaboration with the Interstate Technology and Regulatory Council in developing
technical guidance and outreach; the Federal Remediation Technologies Roundtable for sharing lessons learned among the
federal agencies; and Department of Defense's (DOD's) Environmental Research Programs in demonstrating innovative
technologies. Through its ongoing technology transfer efforts, the program has contributed to advancing the practice and
acceptance of innovative tools and technologies such as broadening the suite of in situ treatment options for contaminated
groundwater, expanding the use of high-resolution site characterization, and fostering acceptance of field portable
analytical technologies.
Specifically, during the two years of the Task Force, EPA employed numerous methods to maximize opportunities to
inform, train, and assist regional staff in researching cleanup technologies, including the following:
For August 2017 through September 2018, worked directly with site managers by starting 11 site-specific technical
support projects related to site characterization and cleanup, and completing 21 (EPA will report FY2019 numbers at
the end of the year);
Conducted or hosted more than 40 webinars for almost 3,000 participants (including EPA remedial project managers
and other EPA cleanup professionals) on technical topics, such as technology selection, biochemical reactors for
mining-influenced water, chlorinated solvent bioremediation, combined remedies, in situ carbon amendments,
phytoremediation, radioactive mining site waste, and vapor intrusion. Webinars also serve as a platform to advertise
Agency technical support resources. Archived webinars are available at https://clu-in.org/live/archive/;
Conducted 12 classroom trainings on groundwater high-resolution site characterization, best practices for site
characterization throughout the remediation process, and incremental sampling. The trainings instructed nearly 300
EPA regional staff in these characterization and sampling techniques;
Developed multiple presentations on geological characterization and three-dimensional data visualization for EPA's
Ground Water Forum and the National Association of Remedial Project Managers;
Published two technical fact sheets related to improved implementation of in situ technologies (related to in situ
carbon amendments and performance monitoring for in situ technologies); and
In Situ Treatment Performance Monitoring: Issues and Best Practices (available at https://semspub.epa.gov/
work/HQ/100001169.pdf):
Remedial Technology Fact Sheet- Activated-Carbon Based Technology for In Situ Remediation (available at
https://semspub.epa.gov/work/HO/1000Q1169.pdf);
Finalized improved technical resource webpages for characterization, monitoring, and remediation technologies,
which are available at http://www.epa.gov/remedytech.
How are the accomplishments integrated into the program?
The Superfund Program offers regional technical support related to site cleanup. Through site-specific technical support
to site managers in both remedial and removal programs, the program provides access to very specific skills or tools
implementing innovative practices or assists project managers in deploying innovative technologies or practices.
Technical support efforts are an excellent opportunity to "deliver" applied innovation and to gather insights on challenges
experienced and acquire knowledge on developing practices from field personnel.
How will the accomplishments be sustained?
The Superfund Program will continue to identify technical webinar and fact sheet topics. Through site-specific technical
support for both remedial and removal site managers, the program will also continue to provide access to skills and tools to
implement innovative practices or assists project managers in innovative technologies or practices' deployment. Technical
support efforts will be used to gather insights on challenges project managers experience and to acquire knowledge on field
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personnel's developing practices. EPA will share the information gathered in several ways, including site-specific support,
webinars, and technical fact sheets. The program will provide periodic updates that communicate new information to
regional offices.
The program will continue to seek out collaborative training topics with other EPA offices, such as Office of Research
and Development, as well as other federal agencies and states. The program will use training, its internal online technical
resource catalogue (TechHub - see Recommendation 10), webinars, and other means of communicating the availability of
technical support.
Dover Gas Light Superfund Site in Delaware
Three-Dimensional Visualization using High Resolution
Characterization Tools
Site
Optical Image Profiler-Green (OIP-G) with HP"
High-resolution site characterization used at the Dover Gas
Light Superfund Site provided a detailed understanding of
subsurface contamination. The site is a former manufactured
gas plant that produced gas for industrial, commercial,
and residential use, as well as street lighting, from 1860
to 1948. Manufactured gas plant residuals (coal tar) from
plant operations are present as a nonaqueous phase liquid in
groundwater. The residuals include one or two ring aromatic
compounds (benzene, toluene, ethylbenzene, xylene, and
naphthalene) and polycyclic aromatic hydrocarbons such as
acenaphthene, benzo(a)pyrene, and chrysene. Approximately
300 feet southeast from the site, the Capitol Uniform and
Linen Service facility ran an industrial dry-cleaning operation
from about 1940 until 1989, when fire destroyed it. This
facility used chlorinated and petroleum-based solvents, both
of which are comingled with the manufactured gas plant
site plume. Due to its proximity and the comingled plumes,
EPA integrated Capitol Cleaners into the Dover Gas Light
Superfund Site.
In September 2018, EPA deployed multiple state-of-the-art
technologies to perform a high-resolution site characterization
of the Dover sites two source areas. A high-resolution
characterization provides a detailed understanding of contaminant distributions. Such an understanding facilitates
selection of the most effective cleanup technologies and determination of optimal remedial footprints. In the first
commercial application of the "Optical Imaging Hydraulic Profiling Tool - Green," a green laser diode induced
fluorescence of the manufactured gas plant residuals in the soil as the probe was advanced into the subsurface.
A camera captured images of the fluorescence every 1.5 centimeters. Simultaneously, a hydraulic profile tool
measured soil permeabilities at the same intervals. EPA used a membrane interface probe combined with a
hydraulic profiling tool, a technology introduced in 2011, to delineate the chlorinated and petroleum-based
solvents at the former dry-cleaning site. In addition to the detailed logs generated for each boring, state-of-the-
art data visualization software produced two-dimensional and three-dimensional interpretations of the high-
resolution data.
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Technical Advice on Vapor Intrusion Investigation
The Superfund Program is
presenting a four-part webinar series
on vapor intrusion for EPA staff.
These vapor intrusion webinars
also help regional staff (particularly
those new to Superfund) connect
with headquarters experts who are
available to offer technical advice
and support for vapor intrusion
sites. The most recent webinar concerned vapor intrusion investigations. After participating in a technical
webinar, a regional project manager contacted the headquarters expert for advice on a site-specific vapor intrusion
investigation. With the experts assistance, the regional manager will move forward with additional investigations.
RECOMMENDATION 10: Develop a Technical Support Team and Tools to Inform RPMs Regarding Available
Resources to Assist with Best Management Practice Applications, Including Scoping and Targeted Technical Reviews
What was accomplished?
This recommendations goal was to increase use of internal EPA resources for technical support and advice, particularly to
assist with use of best management practices related to site characterization and cleanup. EPA regional staff that manage
Superfund site cleanups address varied and complex technical issues related to risk assessment, site investigation, remedy
selection and implementation, and site reuse. EPA focused its efforts on making it easier for regional Superfund staff to find
and access EPA technical experts in these areas to provide advice and support. The Agency developed an internal electronic
tool (TechHub) that describes and provides contact information for available EPA expertise in headquarters, Office of
Research and Development laboratories, and issue-specific national workgroups made up of regional, headquarters, and
Office of Research and Development staff. EPA also prepared an outreach strategy to promote the tool to headquarters and
regional staff.
Since it was launched in October 2018, the website has had over 400 unique EPA users and nearly 4,600 visits. EPA also
updated and relaunched Office of Research and Development's Technical Support Center and Superfund Technical
Liaisons SharePoint sites to make it easier for EPA staff to request technical support directly from the Office of Research
and Development's technical support centers.
How are the accomplishments integrated into the program?
Through continued outreach strategy implementation, EPA will increase regional staff awareness of EPA technical
resources' availability through the TechHub tool. Headquarters, regional coordinators, and members of national
workgroups serve as a critical link to regional staff managing site cleanups. New Superfund staff, who have limited
knowledge of EPA's available resources, will acquire training on TechHub through requisite CERCLA Education Center
training.
How will the accomplishments be sustained?
The Superfund Program intends to maintain and continue to promote TechHub use. EPA updates the organizational
and contact information in TechHub as needed. Demonstrations to regional staff will occur at the August 2019 National
Association of Remedial Project Manager training meeting and other upcoming training venues. EPA will also continue
tracking TechHub usage to help identify where further outreach would be most beneficial.
Vapor Intrusion
Basement
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RECOMMENDATION 11: Review all Third-Party Contracting Procedures, Large EPA-Approved Contractors, and
Contracts to Determine Appropriate Use Parameters and Qualification Methods for EPA Contracting
What was accomplished?
To implement this recommendation, EPA created the Remedial Acquisition Framework (RAF), a series of multiple award,
indefinite quantity contracts that were competitively awarded in 2018/2019. When RAF becomes fully operational, EPA
will expand the pool of vendors available for Superfund remedial program activities. To foster innovation and reduce costs,
EPA will compete tasks among the pool of RAF contract holders. Prior to developing RAF, EPA:
Reviewed all current remedial contracts during the RAF planning stages;
Completed market research to inform the remedial program's best acquisition approach;
Signed a remedial acquisition strategy to document the RAF approach; and
Delivered RAF training in all 10 EPA regional offices.
EPA awarded three RAF contract suites: Environmental Services and Operations; Design and Engineering Services; and
Remediation Environmental Services. Site work is starting to be performed under RAF as the regions award task orders
amongst RAF contract holders. EPA awarded the first task order on March 7, 2019, to support work at the Sanford Dry
Cleaner Superfund Site in Sanford, Florida.
How are the accomplishments integrated into the program?
EPA has updated policies, procedures, and information systems to reflect RAF program management policies. Senior EPA
leaders are serving as change champions to drive RAF change management activities across the program. Additionally,
each region has a principal point of contact responsible for integrating RAF acquisition, program management, and budget
activities.
EPA has identified "Early Adopters" and initial operation task orders for each region, which will be competed as part of the
RAF process, and that will be used to validate RAF processes and inform program improvements.
How will the accomplishments be sustained?
EPA will capture lessons learned and will use continuous process improvement to implement refinements; track transition
of work to the RAF contracts; use metrics to track cost efficiency, cycle times, and compliance with policy and guidance;
and document and share best practices as task orders are competed. EPA will continue to track progress and drive change.
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GOAL 2:
RE-INVIGORATING RESPONSIBLE
PARTY CLEANUP AND REUSE
STRATEGY 1:
ENCOURAGE AND FACILITATE RESPONSIBLE PARTIES' EXPEDITIOUS AND THOROUGH CLEANUP OF
SITES TO AFFECT RE-USE MORE QUICKLY
BACKGROUND: First, at sites where responsible parties can be identified, the cost of cleanup is intended to be borne by
them. However, utilizing tools and procedures to assist these parties in their efforts is helpful to all stakeholders. Settlement
can be reached sooner by providing incentives to performing parties. More importantly, proper use of incentives will
reinforce the notion that cooperative parties who settle early will obtain significant benefits by doing so. Second, cleaning
up a Superfund site can be completed more quickly and efficiently by using incentives to reach expected milestones in the
cleanup work. Third, enforcement authorities can be used to get the cleanup started or to help reach settlement. Fourth, all
parties can avoid the increased transaction costs associated with protracted negotiations.
Each of the federal facility agreements at federal facility NPL sites includes a timeline for moving through the dispute
process. These timelines were developed to ensure that work at federal facility NPL sites moves efficiently even in the
case of disagreements between the parties. The dispute resolution process includes a commitment by the parties to make
reasonable efforts to resolve disputes informally before invoking formal dispute procedures.
Informal disputes and each of the stages of formal dispute have specific timeframes built into the federal facility
agreements. Reinforcing these timelines to ensure that the dispute resolution timelines are more closely adhered to will
ensure that cleanup work is not unreasonably slowed when a disagreement between the federal facility agreement parties
arises.
RECOMMENDATION 12: Recommend Consideration and Use of Early Response Actions at Superfund Sites,
Particularly Sediment Sites, While Comprehensive Negotiations Are Underway for the Entire Cleanup
What was accomplished?
Along with Recommendation 12, EPA has been addressing the use of early response actions to get cleanup work underway
through Task Force recommendations 3, 5, and 8. Recommendation 12 focused on issuing an EPA guidance memorandum
that recommends to EPA Regions that they consider using separate settlement tracks for negotiating RD and RA at PRP
funded Superfund sites.
On June 21, 2018, the Agency's Superfund Enforcement Program issued a new guidance memorandum titled, "Bifurcating
Remedial Design and Remedial Action to Accelerate Remedial Design Starts at PRP-Lead Superfund Sites." Based on
lengthy research and analysis - complemented by input from EPA Regions, the national Superfund Program, and the
Department of Justice (DOJ) - the guidance recommends a discrete strategy that EPA Regions can use to expedite
settlements and accelerate RD starts by PRPs at certain Superfund sites.
The guidance is already being applied and has helped to accelerate RD work by PRPs.
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How are the accomplishments integrated into the program?
The guidance was distributed to EPA's Superfund national program managers, regional counsel, the Office of Superfund
Remediation and Technology Innovation, and DOJ to use as appropriate in Superfund settlement negotiations.
The guidance recommends that EPA Regions consider using separate settlement tracks for RD and RA when the
negotiations for a consent decree addressing both RD/RA are likely to be protracted. In these situations, the guidance
encourages EPA Regions to consider approaching the PRPs to perform the RD pursuant to the model CERCLA
administrative settlement agreement and statement of work for RD. These models were developed to further standardize
and streamline the RD negotiation process.
If this separate settlement track is embraced, but negotiations for cleanup using an administrative settlement agreement for
RD are unsuccessful, EPA Regions are encouraged to proceed with issuing an order to the PRPs to perform either the RD
or both the RD/RA, depending on the case teams assessment of which approach will initiate sooner cleanup of the site.
How will the accomplishments be sustained?
Going forward, the guidance's recommended settlement strategy is intended to be considered by EPA Regions as a matter
of national practice. To further ensure its longevity and accessibility, the guidance is publicly available on the Agency's
website.
B.F. Goodrich Superfund Site in Kentucky
In September 2018, the Administrator signed the second ROD for
cleaning up the B.E Goodrich Superfund Site. The cleanup remedy will
cost more than $100 million. Located along the southern bank of the
Tennessee River, the site was on the Emphasis List targeting Superfund
sites for immediate and intense action. Since the mid-1950s, chemical
manufacturing has occurred at the site and employs more than 500
people.
In April 2019, to accelerate the implementation of the ROD and
to expedite the start of RD at the site, EPA negotiated a settlement
agreement with PRPs for RD. The agreement allows the settling PRPs
to begin designing the cleanup outlined in the second ROD while
negotiations continue for the RA phase of the cleanup.
Foster Wheeler Energy Corporation Superfund Site in Pennsylvania
On May 22, 2019, EPA signed a SAA administrative
settlement for RD in connection with the Foster Wheeler
Energy Corporation (Foster Wheeler)/Church Road
Trichloroethylene site. The Foster Wheeler facility operated
as a pressure vessel manufacturing plant from 1953 through
1984, which resulted in soil and groundwater contamination.
A 2018 interim ROD addresses the contamination as well as
contaminated vapors (aka vapor intrusion) emanating from
the site.
EPA, the Pennsylvania Department of Environmental
Protection, and Foster Wheeler are finalizing the terms of a
consent decree for performance of the interim RD/RA for the site. The administrative settlement permits Foster
Wheeler to start the design immediately while the parties' complete negotiations and await court entry of the
consent decree.
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Portland Harbor Superfund Site in Oregon
In January 2017, EPA issued a ROD for the Portland Harbor
Superfund Site, which encompasses approximately a 10-mile
stretch of the Willamette River that is contaminated from historical
industrial operations along the river. The Willamette River is an
integral feature of the Portland, Oregon metropolitan area, home to
over 500,000 people.
Since ROD issuance, EPA entered into administrative settlements
for the following early work:
Restarted work in June 2017 for early action RD at the Gasco/
Siltronic subsite within the river;
Entered into an administrative order on consent for site-wide baseline sampling in December 2017;
Amended an administrative order on consent for early RD at river mile 1 IE in January 2018; and
Entered an administrative order on consent in May 2019 with the city of Portland and state of Oregon to provide
up to $24 million in incentive funding to PRPs who agree to perform RD work at locations within the site.
San Jacinto River Waste Pits Superfund Site in Texas
On October 11, 2017, EPA signed the ROD for the excavation and
removal of dioxin contaminated waste at the San Jacinto River
Waste Pits Superfund Site, approximately 15 miles east of downtown
Houston, Texas.
The site consists of several contaminated waste ponds, or
impoundments, built in the mid-1960s for the disposal of paper mill
wastes. The cleanup remedy is estimated to cost $115 million.
On April 9, 2018, EPA and the PRPs, International Paper Company
and McGinnes Industrial Maintenance Corporation, entered into an
administrative settlement agreement to complete the RD for the site.
At this complicated Site, within less than six months, EPA and the
PRPs agreed to initiating design work for the subsequent RA.
RECOMMENDATION 13: Identify Opportunities to Utilize Various Federal and State Authorities to Conduct
Response Actions that are Consistent with CERCLA and the National Contingency Plan
What was accomplished?
In response to this recommendation, EPA: (1) reviewed data on NPL-caliber sites that have used or are using approaches
other than listing on the NPL; (2) identified and reviewed internal guidelines that highlight opportunities for various
statutory authorities to be used in conjunction with, or in lieu of, CERCLA to address hazardous waste sites (e.g., using
other Imminent and Substantial Endangerment authorities); (3) evaluated situations where alternate paths, such as
Resource Conservation and Recovery Act corrective action, have been used to address NPL-caliber sites; (4) reviewed
delegations of authority for other approaches; and (5) examined previous federal and state reviews of opportunities and
practices to use other federal and state authorities for cleanup. In 2019, EPA developed a summary report reviewing the
various non-NPL approaches suitable for NPL-caliber sites in certain situations ("White Paper: Examine Opportunities to
Achieve Protective Cleanup at NPL-Caliber Sites Without Listing on the NPL: Summary of Findings"). The report reviews
the basic criteria for using non-NPL approaches and provides data on the historical use of non-NPL approaches.
Aerial view of San Jacinto Waste Pits Area
Sail Jacinto River Waste Pits Superfund Site in Texas
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How are the accomplishments integrated into the program?
EPA transmitted the report to the Regions so that non-NPL approaches may be considered as decisions are made on
available options to address a contaminated site. Having this information available in a consolidated, easy-reference format
may result in the use of a non-NPL approach at some contaminated sites that may have otherwise been listed on the NPL.
The report will also be publicly available.
How will the accomplishments be sustained?
In some situations, discussions among EPA, states, and tribes regarding the cleanup approach that should be taken at a
specific site already occur. Going forward, it is anticipated that this summary report will provide a broader understanding
of the options available in specific site circumstances and promote and enhance discussions among EPA, states, and tribes
when choosing an approach that will address site conditions at a broader universe of sites.
RECOMMENDATION 14: Maximize the Use of Special Accounts to Facilitate Site Cleanup and/or Redevelopment
What was accomplished?
Following a comprehensive review and discussion between EPA and DOJ staff, the Agency issued the Final Guidance on
Disbursement of Funds from EPA Special Accounts to Parties Performing CERCLA Response Actions (2018 Disbursement
Guidance) in the first year of the Task Force. The updated guidance provides EPA Regions with information on disbursing
special account funds to Bona Fide Prospective Purchasers as an incentive to perform cleanup work, as well as to PRPs as
an incentive to negotiate a settlement.
In 2019, EPA issued the Updated Consolidated Guidance on the Establishment, Management, and Use of CERCLA Special
Accounts (2019 Consolidated Guidance) to clarify to EPA Regions effective ways to manage and use special accounts. This
guidance highlights some of the key aspects of EPA special account guidance documents and provides additional guidance
on several key areas of special accounts including:
When to establish a special account;
Types of funds that can be deposited in a special account;
Activities that may be funded through a special account;
Timing for use of special account funds;
Providing special account funds to external parties to conduct response actions; and
Management of special accounts.
How are the accomplishments integrated into the program?
As the 2018 Disbursement Guidance and the 2019 Consolidated Guidance are consulted and applied, they will become
integrated into EPAs practice of how the Agency established, manages, and uses special account dollars.
How will the accomplishments be sustained?
The 2018 Disbursement Guidance requires EPA Regions to consult with EPA Headquarters before offering special account
funds to a Bona Fide Prospective Purchasers as an incentive to perform work. The guidance also requires that EPA Regions
request prior written approval from EPA Headquarters prior to making such offers to PRPs. This consultation and approval
process ensures national consistency and a level playing field in how special account funds are disbursed to Bona Fide
Prospective Purchasers and private PRPs.
The 2019 Consolidated Guidance is the main, comprehensive document for EPA Regions to review when working on any
special accounts matter and provides updated URLs and cross-references to related documents. Additionally, the guidance
describes the procedures EPA Regions should follow when planning to use special accounts, how to monitor special
accounts, and when to provide notifications to EPA Headquarters.
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RECOMMENDATION 15: Accelerating Settlements with Federal PRPs
What was accomplished?
Through an internal dialogue among EPA's Superfund Enforcement Program, DOJ, and representatives of other federal
agencies, EPA addressed ways to quickly resolve settlement-language disagreements that continue to arise when federal
agencies are PRPs at privately-owned Superfund sites and focused on substantive issues arising at specific Superfund sites
that are delaying cleanup.
The accomplishments include: 1) reminding EPA Regions to review guidance documents when evaluating the proper
treatment of federal PRPs in settlement negotiations and to engage federal PRPs in Superfund negotiations as early as
possible, and 2) addressing situations when a federal PRP declines to participate in negotiations and private parties seek to
retain their rights against the federal PRPs.
In 2018, EPA, DOJ, and DOD developed language ("model settlement language") to address a common delay in cleanup
settlement negotiations that often occurred between EPA and DOD.
In addition, in July 2019, EPA's Superfund Enforcement Program established an elevation process to resolve issues quickly
when delays arise due to federal PRP involvement at a site. The model settlement language and elevation process are
intended to be used by EPA Regions to expedite settlement negotiations to help cleanups occur faster.
The three case studies associated with this recommendation highlight the practical application of the Agency's efforts
through the Task Force.
How are the accomplishments integrated into the program?
EPA and DOJ are already using the model settlement language in settlements with federal PRPs and the elevation process
to avoid delays in negotiations that involve federal PRPs. Going forward, during settlement negotiations with federal
PRPs, EPA Regions have been urged to continue to use the model settlement language and elevation procedures to ensure
consistency across EPA regional offices.
How will the accomplishments be sustained?
To sustain this accomplishment, EPA plans to include the model settlement language for federal PRPs in the Agency's
existing model settlement documents, as well as including the language in new or updated model settlement documents.
Atlantic Wood Industries, Inc. Superfund Site in Virginia
In April 2019, the United States on behalf of the Departments
of Defense, under a consent decree negotiated with EPA and
DOJ, agreed to pay $55.3 million to EPA and $8.5 million to
the commonwealth of Virginia for cleanup costs at the Atlantic
Wood Industries, Inc./Atlantic Metrocast, Inc., Superfund
Site. An additional $250,000, plus interest, is also being paid
to EPA and Virginia by other PRPs. In order to help achieve a
settlement, EPA managers met with DOJ managers to discuss
common settlement language and resolve disagreements that
occur in our CERCLA negotiations. Through these meetings
and related follow-up, EPA was able to more quickly resolve a
common intra-governmental issue and achieve settlement.
The Atlantic Wood site is adjacent to the Southern Branch of the Elizabeth River and immediately north of the
Norfolk Naval Shipyard's Southgate Annex. The site is the former location of a wood treating facility and includes
approximately 50 acres of land and 35 acres of River sediments. Since 2010, EPA has been performing a Fund-
lead cleanup at the site to clean up hazardous substances and heavy metals present in soils, ground water, and
sediments.
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West Lake Landfill Superfund Site in Missouri
In May 2019, EPA finalized an administrative order on
consent with Bridgeton Landfill, LLC, Cotter Corporation
(N.S.L.), and DOE to develop a RD work plan for Operable
Unit 1 of the West Lake Landfill Superfund Site. Lhe parties
also agreed to pay for EPAs future oversight costs and
penalties for failure to meet compliance milestones related
to the RD. Additionally, the United States, on behalf of DOE,
is paying $1.7 million for EPAs past cleanup work. Lhis
early response action agreement allows the design of the
cleanup to move forward while the parties negotiate for the
RA. Additionally, in order to help achieve this settlement,
EPA managers met with DOJ managers to discuss common
settlement language and process disagreements that occur
in CERCLA negotiations. Through these meetings and related follow-up, EPA was able to more quickly resolve a
common intra-governmental issue that occurred in the settlement negotiation at this site.
Elkton Farm Firehole Superfund Site in Maryland
On December 3, 2018, an agreement was reached among
EPA, settling PRPs, DOD, Honeywell and Mack Trucks for
reimbursement of EPAs past cleanup costs at the Elkton Farm
Firehole Superfund Site. Under the agreement, the private
parties will pay $5.5 million, and the United States on behalf
of the federal agencies (the departments of the Army and
Navy) will pay $6.25 million. To help achieve this settlement,
EPA managers met with DOJ managers to discuss common
settlement language and process disagreements that occur in
CERCLA negotiations. Through these meetings and related
follow-up, EPA more quickly resolved a common intra-
governmental issue that occurred in this settlement negotiation.
The site was used for the disposal of contaminated wastes
generated as part of facility operations during and just after World War II. Waste was collected in drums and
disposed of in trench-like areas referred to as fireholes, which were scattered across the site.
RECOMMENDATION 16: Provide Reduced Oversight Incentives to Cooperative, High-performing PRPs, and Make
Full Use of Enforcement Tools as Disincentives for Protracted Negotiations, or Slow Performance Under Existing
Cleanup Agreements
What was accomplished?
EPA divided this recommendation into two major actions: (16.1) provide reduced oversight incentives to cooperative, high
performing PRPs; and (16.2) expedite negotiations and PRP cleanup.
Provide reduced oversight incentives to cooperative, high-performing PRPs (16.1)
EPA completed a compilation of regional practices and charges of indirect costs.
In April 2019, an EPA workgroup finalized a Summary of Findings that included several recommendations on the
appropriate level of oversight daring Superfund response work ("Summary of Findings: Provide Reduced Oversight
Incentives to Cooperative. High Performing PRPs"). EPA believes implementing the recommendation will lead to reduced
PRP oversight costs.
US Senator Roy Blunt (Missouri); US Congresswoman Ann Wagner
(Missouri's 2nd Congressional District) with Administrator Wheeler
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Expedite negotiations and PRP cleanup (16.2)
On April 29-30, 2019, EPA Headquarters hosted a national workgroup of EPA Superfund attorneys to review options for
streamlining the EPA model RD/RA consent decree. The workgroup drafted modifications to the consent decree that,
if adopted in a new model consent decree, are expected to result in a quicker negotiation process for CERCLA cleanup
settlements.
In June 2019, EPA issued the "2019 Remedial Design/Remedial Action: Process for Expediting Negotiations and PRP
Cleanup Starts" ("2019 RD/RA Negotiations Policy") guidance to encourage EPA Regions to plan for and promptly obtain
PRP commitments to begin cleanup actions following remedy selection.
Additionally, as a result of a survey completed by Regional and DOJ staff regarding tools for expediting negotiations and
cleanup, EPA determined that a "refresher" reference guide for such guidance documents and other tools was needed; the
Agency is currently completing a reference document which identifies numerous CERCLA guidance and policy documents
relevant to settlement negotiations and oversight for CERCLA Superfund Program staff.
How are the accomplishments integrated into the program?
Provide reduced oversight incentives to cooperative, high-performing PRPs (16,1)
The Superfund enforcement program is reinforcing previous efforts by EPA to reduce PRP oversight costs and emphasize
previously recommended practices, as well as providing additional recommendations developed by the workgroup.
Expedite negotiations and PRP cleanup (16.2)
The enforcement tools will be disseminated to EPA Regions and used to negotiate CERCLA cleanup agreements. Use of
these tools is expected to decrease the average amount of time it takes to complete negotiations and get cleanup work
implemented.
The streamlined model RD/RA consent decree is undergoing internal review and is expected by the end of calendar year
2020.
How will the accomplishments be sustained?
The 2019 RD/RA Negotiation Policy is available on EPA's website, and Office of Site Remediation Enforcement's Regional
liaisons and Branch Chiefs will monitor ongoing negotiations and work with the Regions to ensure that Policy is
incorporated into EPA's negotiation practice.
The streamlined model RD/RA consent decree will also be available on EPA's website and will be used as the basis of new
consent decrees once the model is issued.
The 2019 memo "Review of EPA Guidance/Memorandum Regarding Negotiating and Implementing CERCLA Response
Action Agreements" will be available upon issuance on EPA's website and is anticipated to be the primary resource tool for
CERCLA practitioners to help them identify applicable guidance and memoranda when those practitioners are faced with
delays in negotiations or implementation of CERCLA response actions.
US Oil Recovery Superfund Site in Texas
The parties performing work at a portion of the site requested that
the Region consider them cooperative and technically capable,
which under Recommendation 16.1 would potentially entitle them
to reduced future oversight. After consulting with headquarters,
Region 6 approved the request. The Regional Program Office will
be meeting with the performing parties to discuss what specific
changes in EPA oversight will be appropriate going forward.
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RECOMMENDATION 17: Adjust Financial Assurance Required Under Enforcement Documents to Reduce
Cooperating PRP's Financial Burden While Ensuring Resources Are Available to Complete Cleanups
What was accomplished?
EPA evaluated relevant feedback and assessed situations where financial assurance might be adjusted. Also, EPA identified
circumstances which posed a higher risk to EPA and the public.
While flexibility in providing financial assurance can contribute to achieving timely settlements with PRPs, the use of that
flexibility requires EPA to ensure that implementation does not jeopardize cleanup. Compromises that are made to the
scope of financial assurance can have a direct and negative impact on whether adequate financial resources are available
to clean up the site should a PRP default or stop performing the cleanup work. While there may be situations where the
financial assurance requirements in an enforcement instrument maybe adjusted, such adjustments need to be based on
the site-specific circumstances and the factors included in the 2015 CERCLA financial assurance guidance (e.g., cost of
performing the response action, duration of the response action, nature and extent of contamination, etc.). Due to the
variability of each site cleanup and specific circumstances of the case, EPA believes that creating a financial assurance
policy regarding flexibility that can be applied generically to all sites is not feasible because each PRP request for flexibility
depends on the site-specific circumstances and consideration of the factors in EPA's 2015 financial assurance guidance.
As stated in the July 2018 report, EPA determined to no longer implement this recommendation as written.
How are the accomplishments integrated into the program?
EPA Regions will continue to rely upon EPA's 2015 financial assurance guidance in their negotiations with PRPs. In 2019,
EPA also conducted an internal webinar training on CERCLA financial assurance fundamentals for EPA regional office
staff involved with cleaning up a Superfund site.
How will the accomplishments be sustained?
The Office of Site Remediation Enforcement's financial assurance team will use the CERCLA financial assurance data
management tool to monitor when financial assurance is obtained to ensure cleanup of a site as well as when financial
assurance is not obtained and under what circumstances. The team also continues to have ongoing discussions with
regional case teams about ensuring adequate financial assurance is secured for site cleanup.
RECOMMENDATION 18: Reinforce the Federal Facility Agreement Informal and Formal Dispute Timelines
What was accomplished?
On September 18, 2018, EPA issued the "Principles for Reinforcing Federal Facility Agreement Informal and Formal
Dispute Timelines" ("Principles"). The Principles clarify and reinforce the importance of adhering to agreed-upon federal
facility agreement informal and formal dispute timelines and appropriately elevating disputes. Applying the Principles to
federal facility agreement disputes can help avoid cleanup delays at federal facility Superfund sites due to the federal facility
agreement parties disputing beyond the agreed-upon federal facility agreement dispute resolution timelines. However,
because disagreements and disputes are fact-specific, a fluid rather than a one-size-fits-all process may be necessary.
The Principles outline key themes for federal facility agreement parties, including the states, other federal agencies, and
EPA, to reinforce adherence to federal facility agreement dispute timelines. States, other federal agencies, and EPA Regions
provided critical feedback on both the tools and the Principles document prior to finalization.
EPA also created two tools to meet the Task Force report's recommendation to reinforce adherence to informal and formal
dispute timelines in federal facility agreements at NPL federal facility sites. The tools include an informal dispute tracking
spreadsheet, which will supplement existing EPA Headquarters tracking of formal disputes, and an audit tool that captures
postponed cleanup milestones.
Impact on the Superfund Program: The Principles and tools will improve the way EPA tracks informal disputes, which will
help ensure such disputes are not languishing nor potentially delaying cleanups, when they should be elevated. Such timely
resolution will help cleanups proceed apace.
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How are the accomplishments integrated into the program?
EPA is integrating the tools and the Principles document into the federal facility program, including adding appropriate
language in the FY2019 Superfund Program Implementation Manual. EPA has implemented the audit tool during its work-
planning discussions with EPA Regions and will work closely with the Regions to implement the informal dispute tracking
spreadsheet. In addition, EPA has released the final Principles document to the Regions, states, and other Federal agencies
for awareness and integration into dispute resolution discussions.
How will the accomplishments be sustained?
EPA will continue to use the tracking and audit tools as part of its work-planning discussions and will continue to discuss
and refine the tools as they are implemented. EPA has and will incorporate the Principles into training it conducts for
states, other federal agencies, and EPA remedial project managers and attorneys. EPA will continue to hold discussions on
reinforcing the dispute resolution timeframes with groups such as the EPA/DOE/the Environmental Council of the States
(ECOS) dialogue and will incorporate lessons learned in its work with other federal agencies.
Paducah Gaseous Diffusion Plant Superfund Site in Kentucky
Since issuance of the Principles memorandum, EPA, along with its federal and state partners, has more actively
managed the Federal Facility Agreement dispute resolution process. In accordance with the Principles,
Federal Facility Agreement parties have enhanced their communication and paid heightened attention to
dispute timeframes to make meaningful progress to resolve disagreements and more timely elevate them when
necessary. The Federal Facility Agreement parties have used the Principles to support a variety of common
sense problem-solving approaches including: increasing the Parties' reliance on written documents rather than
oral communication alone to provide clarity and a common understanding of the issues under dispute and the
positions of the disputing parties, applying a "core team" approach to improve the Parties' working together to
increase efficiencies and minimize delays, and using technical facilitation to help resolve complex issues and avoid
the necessity of formal dispute.
STRATEGY 2:
CREATE OVERSIGHT EFFICIENCIES FOR PRP-LEAD CLEANUPS
BACKGROUND: Cleanup decisions and implementation often take a long time due to the number of people and issues
involved. Oversight efficiencies can be realized, and costs can be reduced if responsibility for overseeing cleanup is clarified
and better distributed.
RECOMMENDATION 19: Expand Cleanup Capacity by Designating One Agency Lead for Each Project in Order to
Reduce Overlap and Duplication
What was accomplished?
Federal Agency Related Efficiencies
EPA's Superfund Enforcement Program held regular discussions with Federal Land Management Agencies, including the
Department of Interior's Bureau of Land Management and the U.S. Department of Agriculture's U.S. Forest Service, about
the use of Executive Order 12580 (Superfund Implementation) to redelegate CERCLA authorities from one agency to
another to create federal government efficiencies at mixed ownership mining sites.
On November 16, 2018, EPA issued an internal memorandum describing the ability of, and the circumstances under which
to consider, a redelegation of CERCLA enforcement and cleanup authorities at mixed ownership mining sites from one
federal agency to another pursuant to Executive Order 12580. At appropriate sites, this redelegation can avoid duplication
of effort and increase federal agency related efficiencies by consolidating CERCLA authority to just one agency, instead of
two.
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State Related Efficiencies
On November 21, 2018, EPA issued a sample Clean Water Act (CWAVCERCLA Memorandum of Understanding (MOU)
to memorialize intended steps for regional and state coordination and cooperation at contaminated sediment sites. The
sample CWA/CERCLA MOU was developed with state and tribal review and input.
In August 2019, EPA issued a model MOU to guide EPA regional offices through the enforcement requirements that arise
when a state, relying on its cleanup laws and regulations, assumes responsibility for the enforcement, PRP oversight, and
remaining cleanup of a Superfund site where EPA has previously entered into a CERCLA enforcement action. EPA issued
a memorandum that highlights a collection of ways EPA Regions are effectively including states in the Superfund response
process and furthering EPA regional and state coordination. ("State Cooperative Efforts") EPA researched and received
input from EPA regional offices and states on EPA-state cooperative efforts, work planning, and coordination at Superfund
sites.
How are the accomplishments integrated into the program?
Federal Agency Related Efficiencies
As a permanent part of the Superfund Program, EPA will actively pursue redelegation instruments with Federal Land
Management Agencies at appropriate sites pursuant to the internal memorandum issued on November 16, 2018. The
option to redelegate CERCLA enforcement and cleanup authorities to or from EPA will become part of EPA's practice
at mixed ownership mining sites in those cases where a redelegation will improve federal coordination and reduce
duplication of agency efforts.
State Related Efficiencies
The sample CERCLA/CWA MOU provides a roadmap for EPA and state Water and Cleanup programs to foster
communication, collaboration, and coordination at contaminated sediment sites, leading to improved efficiencies at these
complex sites. The model Transfer MOU and its transmittal memorandum provide a transparent process for EPA and state
officials to use at sites where a state is assuming responsibility subsequent to EPA taking a Superfund enforcement action.
Providing a model document for these unique situations will improve the understanding of the enforcement and transfer
requirements involved and will ensure the consistency of any comprehensive agreement when transferring cleanup
responsibility from EPA CERCLA authorities to state cleanup authorities. Both the sample CERCLA/CWA MOU and the
model Transfer MOU will be available and maintained in the Superfund Enforcement Program's models database.
How will the accomplishments be sustained?
Federal Agency Related Efficiencies
EPA will sustain this accomplishment by pursuing redelegation instruments with Federal Land Management Agencies,
when appropriate. EPA has already discussed this approach at multi-agency meetings and is currently discussing
redelegation instruments with Federal Land Management Agencies at sites around the country.
State Related Efficiencies
In addition to the availability of the sample and model MOUs ("Transfer MOU") Regions and states are encouraged to
continue to identify new and effective state engagement practices that further improve EPA regional and state coordination.
These practices will be shared with all Regions and states to continue to strengthen the Superfund program.
RECOMMENDATION 20: Identify Opportunities to Engage Independent Third Parties to Oversee Certain Aspects of
PRP-Lead Cleanups
What was accomplished?
The Recommendation 20 workgroup conducted research on the six state-licensed site professional programs currently in
place. The workgroup obtained and analyzed those states' laws and regulations to determine how the programs worked
and the sites that were subject to these programs. As part of this effort, the workgroup held individual conference calls
with staff from five of the six states and discussed this recommendation with the Massachusetts' Licensed Site Professionals
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Association (not affiliated with the Massachusetts state government). The workgroup researched current federal law and
regulations to determine the full effect of EPA's role in oversight at federal Superfund sites and to determine the Agency's
ability to have third parties conduct oversight. In addition, the workgroup researched existing and new EPA policies and
tools that accomplish the same identified goals as Recommendation 20.
How are the accomplishments integrated into the program?
The workgroup's findings and recommendations were shared with EPA's regional offices and the offices of Site
Remediation Enforcement and Superfund Remediation and Technology Innovation at Headquarters. The findings and
recommendations were also made publicly available through EPA's Task Force webpage: https://www.epa.gov/enforcement/
sftf-report-recommendation-20-findings-third-party-oversight-aspects-prp-lead-cleanups. The workgroup concluded that
there are several existing and new EPA policies, guidance documents, and other tools to achieve the same goals under this
recommendation without creating a new program or relying on state licensed site professional programs. The workgroup
also concluded that using state licensed site professional programs or similar programs for PRP oversight at NPL sites is not
necessary or feasible at this point. The workgroup further concluded that because oversight assistance by third parties may
complement EPA's oversight role and not substitute it, as a practical matter, retaining independent third parties to perform
oversight would likely not result in more efficient or less costly oversight for PRPs.
Through the workgroup's efforts under this recommendation, the Agency issued a memorandum that discusses the use
of various kinds of advanced monitoring technologies and approaches to monitor and support long-term stewardship
responsibilities at contaminated sites. Most of these advanced monitoring technologies and approaches rely, in part, on the
use of third parties to perform certain monitoring activities.
How will the accomplishments be sustained?
The focus of this effort is to remind EPA Regions about existing Agency tools already in place that use, to a limited extent,
independent third parties to assist in EPA's oversight (e.g., using independent quality assurance teams during PRP-led RA).
This effort will also include informing EPA Regions about the development of more recent tools (e.g., including third party
verification provisions in settlement agreements with PRPs where appropriate), as well as new guidance documents (e.g.,
memo on Advanced Monitoring Technologies and Approaches to Support Long-Term Stewardship). EPA will continue to
look for opportunities to create oversight efficiencies for PRP-lead cleanups.
John F. Queeny - Monsanto Chemical Works Facility in Missouri
The John F. Queeny - Monsanto Chemical Works facility operated as a chemical manufacturing facility from
1901 to 2006. On April 12, 2019, Soulard Second Street, LLC entered into a Bona Fide Prospective Purchaser
agreement with EPA and DOJ to carry out several cleanup actions at an 8.3-acre parcel of the facility to address
polychlorinated biphenyl contamination. One such action was the installation of a vapor mitigation system and a
remote, telemetry-based system to monitor the operation of the vapor mitigation system. In entering the Bona Fide
Prospective Purchaser agreement with Soulard, EPA determined that this action would provide valuable protection
of the remedy and reuse opportunities at the facility.
In July 2018, EPA issued a memorandum titled "Advanced Monitoring Technologies and Approaches to Support
Long-Term Stewardship" to provide information on the potential use of advanced monitoring technologies and
approaches for monitoring and maintaining institutional and engineering controls at sites and facilities. Vapor
intrusion system remote computer monitoring, which automatically detects whether vapor mitigation systems
remain operational, is one such technology. The remote, telemetry-based vapor monitoring system included in the
Bona Fide Prospective Purchaser agreement is a timely and innovative example of leveraging advanced monitoring
to help achieve the cleanup and beneficial reuse of a blighted property.
This agreement is also related to the goals outlined in Recommendations 23, 25, and 26 of this report.
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STRATEGY 3:
PROMOTE REDEVELOPMENT/REUSE OF SITES BY ENCOURAGING PRPS TO INVEST IN REUSE
OUTCOMES
BACKGROUND: PRPs may resist engaging with third parties to facilitate reuse. To overcome such resistance, EPA should
understand and address the legal, financial, and technical burdens that may arise when a third party wants to build on a
contaminated site. For instance, some uses may require additional cleanup beyond what is necessary to stabilize a site for
protectiveness, while some uses involve a project schedule that differs from the cleanup, and some uses may complicate the
long-term maintenance obligations for the property.
RECOMMENDATION 21: Facilitate Site Redevelopment During Cleanup by Encouraging PRPs to Fully Integrate
and Implement Reuse Opportunities into Investigations and Cleanups of NPL Sites
What was accomplished?
A workgroup, consisting of staff from EPA Headquarters and EPA Regions 3 and 4, took several actions, which included:
Developing a list of case studies where PRPs have incorporated reuse considerations throughout the cleanup process.
Working with EPA Regions to identify examples of effective PRP-driven reuse efforts and previously successful
incentives.
Interviewing PRPs and other developers to identify opportunities for PRP-led cleanups and reuse.
Hosting a public listening session to inform stakeholders of the workgroup's progress and to solicit input.
Analyzing site cleanup and reuse data, including reviewing 52 case studies and conducting 19 interviews.
Drafting an internal memorandum, which (1) discussed why PRPs may or may not pursue reuse; (2) presented
an overview of the current NPL reuse landscape; and (3) provided recommendations the Agency may want to
implement to encourage PRPs to incorporate reuse earlier in the decision-making process.
How are the accomplishments integrated into the program?
The Agency has issued an internal memorandum summarizing the workgroups findings and recommendations. The
Agency will continue to consider and as appropriate, encourage and engage with PRPs to integrate reuse opportunities into
investigations and cleanup at NPL sites.
How will the accomplishments be sustained?
The Agency's Superfund program and enforcement offices will continue to work together with EPA Regions to implement
the workgroup's recommendations.
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Eagle Mine Superfund Site in Colorado
The Eagle River and several of its tributaries flow through the 235-acre Eagle Mine Superfund site, which is
impacted by heavy metal contamination from past mining activities. The site includes an estimated 70 miles of
underground mine tunnels, mill workings, the abandoned company town of Oilman, and various mine waste
features.
In 2004, a developer, Ginn Battle North, purchased approximately 750 acres of land that included the northern
portion of the site to develop a private, residential community. EPA and the Colorado Department of Public Health
and Environment worked with the developer to ensure that all necessary investigation and cleanup occurred to
prepare the property for residential redevelopment.
In 2018, EPA entered into a settlement agreement for cleanup work at the site with Battle North, LLC (the
successor to Ginn Battle North) and Battle South, LLC, which resolved their potential liability at the site and
required the companies to pay EPA for the cleanup work and implementation of institutional controls, thereby
allowing for future redevelopment.
The Eagle Mine Superfund Site is a good example of how a party can effectively implement reuse opportunities
during the cleanup phase of a superfund site. Ginn Battle North and its successor approached cleanup with a reuse
plan in mind and worked effectively with federal and state agencies to ensure that all necessary steps are taken to
achieve successful implementation of reuse opportunities during cleanup.
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GOAL 3:
ENCOURAGING PRIVATE
INVESTMENT
STRATEGY 1:
USE ALTERNATIVE AND NON-TRADITIONAL APPROACHES FOR FINANCING SITE CLEANUPS
BACKGROUND: Private sector tools and approaches to manage environmental liabilities and risks are important to the
cleanup and reuse of contaminated sites. Some PRPs engage in contractual arrangements to pay a premium for unknown
risks and transfer responsibilities to environmental remediation companies where the Superfund site cleanup has a fair
degree of certainty. These arrangements may be in the form of an insurance policy annuity a designated agent, or an
agreement to allow a third party to assume all obligations for remediation and legal liability.
However, as provided by CERCLA § 107(e)(1), even the most comprehensive arrangement does not legally bar the
government from pursuing the PRP at a later date. Such arrangements tend to be reasonably specific to the circumstances
of a site, but they can help expedite the cleanup and reuse of a site. EPA recognizes that it should support, where
appropriate, innovative approaches to promote third-party investment in cleanup and reuse of contaminated properties
consistent with statutory authorities and needs to consider mitigating its retained rights.
RECOMMENDATION 22: Explore Environmental Liability Transfer (ELT) Approaches and Other Risk Management
Tools at PRP cleanups
What was accomplished?
Over the past two years, EPA reached out to external stakeholders who invest in contaminated properties, contractually
assume Superfund cleanup obligations, and/or issue environmental insurance policies. EPA also received feedback on
various business models, products, and the current industry climate for the transfer of cleanup responsibility to analyze the
benefits, challenges, and other considerations associated with financial risk management tools at Superfund sites.
In June 2018, EPA held a public listening session with 80 participants on alternative and non-traditional approaches for
financing and performing Superfund site cleanups to accelerate Superfund site redevelopment and reuse. During the
listening session, EPA received feedback from stakeholders about how, when, and where risk transfer arrangements could
be used. Following the listening session, EPA conducted research on settlements at Superfund sites that included settling
PRP(s) and third parties assuming the cleanup responsibility where EPA was also a party to the settlement.
In June 2019, EPA held a second public listening session with 30 participants to raise awareness of the Agency's use of
"look first" provisions in CERCLA settlements involving third parties assuming cleanup responsibilities at Superfund sites.
Under the "look first" approach, EPA agrees to first seek performance, corrective measures, and stipulated penalties from
a third party before pursuing the settling PRP(s) for such actions, which provides a degree of certainty to the PRP(s) in the
settlement. During the second listening session, EPA received feedback on this settlement approach to further inform and
facilitate the use of "look first" provisions in future settlements.
How are the accomplishments integrated into the program?
EPA is in the process of analyzing the remarks received from the June 2019 listening session. After completing the
review, HQ plans to issue a memorandum to the Regions on the use of the "look first" approach in CERCLA settlement
agreements to promote this approach where appropriate and in the interest of the Superfund Program. This "look first"
memorandum will replace the environmental liability transfer pilot program involving related corporate entities that EPA
noted it might pursue in the 2018 Update report.
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How will the accomplishments be sustained?
EPA plans to issue the "look first" memorandum described above by the end of calendar year 2019. To further ensure its
longevity and accessibility, EPA intends to post the memorandum on the Agency's website.
Valley Wood and Coast Wood Preserving Sites in California
On March 1, 2018, two companion consent decrees were
approved that ensure the continued cleanup work and
payment of past and future response costs at the Coast Wood
Preserving site in Ukiah and Valley Wood Preserving site
in Turlock. Two small, family-run businesses with common
owners held title to the two sites, but they were not capable
of performing the response obligations at the sites. Therefore,
they entered into agreements to transfer the corporate
stock in each company to a new shareholder who assumed
completion of the cleanup work and long-term operations
and maintenance at both sites. The use of a non-traditional
approach to reach a settlement on the responsibility for
and financing of the cleanup of these sites assists in getting
contaminated sites, that otherwise may remain dormant,
cleaned up and back to use.
Prior wood treating operations at these facilities resulted in releases of chromium and arsenic to the soil
and groundwater. Cleanup of the sites started in the early 1980s. EPA, with concurrence from the California
Department of Toxic Substances Control, selected final cleanup remedies for the contamination at Coast Wood
Preserving (1989) and at Valley Wood Preserving (1991). The cleanups are near completion, and once completed,
EPA will review the remedies every five years to ensure the long-term protection of human health and the
environment.
With the possibility that these sites would not have had a party able to complete the cleanup work, the transfer
agreements provided the United States with a viable, responsible, and willing corporate entity that can fund the
remaining response work and the long-term oversight and management required at both sites.
Madison County Mines Superfund Site in Missouri
On February 28, 2019, EPA entered into an administrative settlement with
Missouri Mining Investments, LLC to conduct removal actions at a portion
of Operable Unit 2 of the Madison County Mines Superfund Site. Missouri
Mining Investments purchased the property from the previous owner as part
of an environmental liability transfer to address mine waste. The settlement
will result in the consolidation and capping of on-site mine waste and allow
the approximately 1,750-acre property to be redeveloped for future mining
of cobalt and other metals. Missouri Mining Investments constructed a new
tailings processing facility to recover metals from existing mine waste on site,
and production has already begun.
The settlement with Missouri Mining Investments, the party assuming the
response obligations, provides the United States with a viable and willing
corporate entity that can fund the remaining response work and the long-term
oversight and management required at the site. While the removal action is
ongoing, EPA will work with the primary mining PRPs to conduct an RI/FS to
address all other portions of Operable Unit 2 not addressed by the settlement
with Missouri Mining Investments.
Administrator Andrew Wheeler and
Representative Jason Smith.
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STRATEGY 2:
STREAMLINE THE PROCESS FOR COMFORT LETTERS AND SETTLEMENT AGREEMENTS WITH THIRD
PARTIES
BACKGROUND: The 2002 Brownfield Amendments to CERCLA added new landowner liability protections, including
the Bona Fide Prospective Purchaser protection, to address the liability concerns that act as a barrier to the cleanup and
reuse of contaminated properties.
Congress intended these liability protections to be self-implementing, although some third parties remain concerned about
potential liability and the availability of the Bona Fide Prospective Purchaser protection at contaminated properties. As a
result, at some sites, a site-specific tool may be needed for third parties to address liability concerns before the third party
will move forward with the cleanup and reuse of the site. EPA's primary tools to address the CERCLA liability concerns of
third parties are comfort/status letters and settlement agreements. These site-specific tools have enabled cleanup and reuse
at some sites on the NPL to move forward where liability concerns posed a barrier.
RECOMMENDATION 23: Ensure Timely Use of Site-Specific Tools When Needed and Appropriate to Address
Liability Concerns at Contaminated Sites
What was accomplished?
Under this recommendation, EPA created a national team of internal redevelopment experts to support timely
development of site-specific liability clarification tools and approaches.
EPA's Superfund Enforcement Program developed an internal Prospective Purchaser Inquiry tool to help EPA regional staff
ask the right questions and use the right tools to efficiently and effectively respond to questions from developers and other
third parties interested in acquiring potentially contaminated property. The core of the inquiry tool is a series of suggested
discussion topics to guide EPA Regions as they analyze the information necessary to move forward from an inquiry to
cleaning up and redeveloping sites. These topics are based on feedback received from EPA Regions on their best practices
when addressing inquiries from developers and third parties.
How are the accomplishments integrated into the program?
The internal inquiry tool was distributed to EPA Regions to become integrated into their standard operating procedures
for responding to inquiries from third parties interested in cleaning up and reusing contaminated property. As EPA gains
experience in using this tool, it may be modified to reflect the experience and knowledge acquired over time.
How will the accomplishments be sustained?
EPA and DOJ will continue to meet regularly to discuss cases, potential revisions to the model prospective purchaser and
Bona Fide Prospective Purchaser agreements, and other opportunities to support cleanup and reuse at NPL sites. Success
in addressing liability concerns for purchasers and developers of contaminated sites, as well as the ultimate reuse of these
sites, will help sustain the consistent use of this tool.
Middlefield-Ellis-Whisman Superfund Site in California
On July 27, 2017, EPA and DOJ entered into a Bona Fide Prospective Purchaser agreement with Warmington
Fairchild Associates, LLC at the Middlefield-Ellis-Whisman Study Area. The Study Area is comprised of three
NPL sites, which were home to several manufacturing and industrial facilities that released a variety of chemicals,
including volatile organic compounds, impacting soil and groundwater. In 2012, contamination was found to have
impacted areas not being addressed by the PRPs under the 1989 ROD and 2010 ROD amendment.
Under the Bona Fide Prospective Purchaser agreement, Warmington Fairchild agreed to conduct cleanup actions
to rapidly and significantly reduce subsurface contamination at three parcels within the Study Area. The parties'
efforts to develop an agreement within a short timeframe that addressed Warmington Fairchild's liability concerns
enabled redevelopment, including construction of homes, to move forward in a manner protective of human
health for future occupancy.
This agreement is also related to the goals outlined in Recommendations 25 and 26 of this report.
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RECOMMENDATION 24: Create and Maintain an OECA Information Repository to Provide Access to Enforcement
Information and Tools to Support Third-Party Cleanup and Reuse.
What was accomplished?
EPA established a special collection of comfort/status letters and other enforcement tools in SEMS that EPA staff can access
when necessary. EPA Headquarters instructed EPA Regions to upload such documents to SEMS on an ongoing basis.
Additionally, EPA has completed extensive revisions to its enforcement website to inform and facilitate third-party
cleanup and reuse. EPA also has created an intranet site to provide EPA staff with general information on comfort status/
letters, sample comfort/status letters, and information on the SEMS special collection of comfort/status letters and other
enforcement tools.
How are the accomplishments integrated into the program?
Accomplishments are integrated via the SEMS repository, website revisions, and EPA's intranet site. These changes allow
both EPA staff and external parties easy access to current information and tools to support third party cleanup and reuse.
For example, the repository of comfort/status letters assists EPA Regions in drafting new letters and assists Headquarters
offices in promoting national consistency, identifying trends, improving revitalization measures, and assessing the need for
updated models and guidance.
How will the accomplishments be sustained?
Accomplishments will be sustained by ensuring EPA Regions continue to upload enforcement documents into SEMS
and by regularly reviewing EPA's enforcement website and intranet content to ensure it contains timely material. EPA will
continue to seek opportunities to provide access to enforcement information and tools to support third-party cleanup and
reuse of NPL sites.
STRATEGY 3:
OPTIMIZE TOOLS AND REALIGN INCENTIVES TO ENCOURAGE THIRD-PARTY INVESTMENT
BACKGROUND: Before the enactment of the Brownfield Amendments to CERCLA, prospective purchaser agreements
and comfort/status letters were used by Regions to address the CERCLA liability concerns of parties who wanted to
develop and reuse contaminated properties.
Comfort/status letters were developed as an efficient tool to provide prospective purchasers and other parties with the
information EPA has about a particular party, EPA's intentions with respect to the property as of the date of the letter, and
the liability protections that may be available to the party. (See "2019 Comfort/Status Letter Policy and Models.") After the
addition of the landowner liability protections by the Brownfield Amendments, EPA issued enforcement guidance which
explained that EPA involvement is no longer necessary in most private party transactions given the self-implementing
nature of the protections and that EPA generally will no longer be entering into prospective purchaser agreements. In 2006,
in recognition that Bona Fide Prospective Purchasers at some sites might be interested in performing cleanup work beyond
what would be expected of them to maintain their Bona Fide Prospective Purchaser liability protection (e.g., conducting
cleanup work beyond the statutory requirement to take "reasonable steps" to prevent or limit exposure and stop continuing
or threatened releases at the site), EPA issued a model agreement for Bona Fide Prospective Purchasers who are interested
in performing Superfund removal work. EPA also has developed a model agreement to resolve an existing or potential
"windfall lien" with interested Bona Fide Prospective Purchasers.
RECOMMENDATION 25: Update EPA's Position on the Use of Site-Specific Agreements with Third Parties at NPL
Sites
What was accomplished?
On April 17, 2018, EPA and DOJ issued a new policy memorandum titled, "Agreements with Third Parties to Support
Cleanup and Reuse at Sites on the Superfund National Priorities List." The memorandum encourages more frequent
consideration of Bona Fide Prospective Purchaser agreements and prospective purchaser agreements, when appropriate, to
foster cleanup and reuse of NPL sites. The policy memorandum is available on the Agency's website at
https://www.epa.gov/enforcement/third-party-agreements-support-cleanup-and-reuse-superfund-npl-sites.
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How are the accomplishments integrated into the program?
Regional case teams and the national CERCLA Liability and Reuse Action Team will help to ensure this new policy is
integrated into the program and that site-specific agreements are used, where appropriate, to foster cleanup and reuse of
NPL sites. In addition, EPA designated a new Headquarters' agreements coordinator to support EPA Regions when they
develop site-specific agreements and instituted a case tracking system to monitor case progress.
How will the accomplishments be sustained?
To sustain these efforts, EPA currently is updating its BFPP and PPA model agreements, under Recommendation 26, to aid
Regions in their timely development of site-specific agreements and EPA may issue additional guidance regarding the use
of these types of agreements. In addition, under Recommendation 33, EPA also has developed a list of Superfund National
Priorities List sites with the greatest expected redevelopment potential (Superfund Redevelopment Focus List). EPA is
focusing redevelopment training, tools and resources toward the sites on this list. EPA will continue to publicize successful
agreements that support cleanup and reuse by third parties on its Civil Cases and Settlements webpage located at https://
cfpub.epa.gov/enforcement/cases/index.cfm?templatePage=l.
Gilt Edge Superfund Site in South Dakota
The Gilt Edge Superfund Site is an abandoned gold mine. Historical
operations at the 360-acre site caused acidic, heavy metals contamination
in surface water and groundwater. EPA implemented an interim cleanup
remedy at the sites Operable Unit 2 and will further investigate and address
levels of cadmium in surface water that periodically exceed acceptable levels
for aquatic life.
Agnico Eagle Mines Ltd., a prospective lessee at the site, approached EPA
and the state of South Dakota offering to perform work at Operable Unit 2
in exchange for liability protection. On February 12, 2018, EPA, the state of
South Dakota, and Agnico signed an agreement for Agnico to perform additional remedial investigative activities
within Operable Unit 2 related to sources of historic mining contamination. These investigations will be used to
help define the nature and extent of contamination within Operable Unit 2 and will also gather information on the
subsurface geology.
This agreement is also related to the goals outlined in Recommendations 23 and 26 of this report.
RECOMMENDATION 26: Revise EPA's Model Agreements to Create More Opportunities for Settlement with Third
Parties Interested in Cleaning Up and Reusing NPL Sites
What was accomplished?
EPA reinstituted its internal cleanup and reuse case tracking system to monitor site-specific progress and identify timely
steps to resolve a party's liability using EPA's liability tools. EPA also designated a Headquarters' agreements coordinator to
support EPA's regional work and consult directly with DOJ on site-specific agreements in the tracking system.
In addition, EPA conducted outreach to Bona Fide Prospective Purchasers and other third parties to discuss ongoing
liability concerns and potential new approaches to facilitate cleanup and reuse of contaminated properties. Based on this
outreach and lessons learned from site-specific agreements, the Agency has identified potential revisions to the current
model prospective purchaser and Bona Fide Prospective Purchaser agreements.
How are the accomplishments integrated into the program?
EPA reinstituted its internal cleanup and reuse case tracking system to monitor site-specific progress and identify timely
steps to resolve a party's liability using EPA's liability tools. EPA also designated a Headquarters' agreements coordinator to
support EPA's regional work and consult directly with DOJ on site-specific agreements in the tracking system.
In addition, EPA conducted outreach to Bona Fide Prospective Purchasers and other third parties to discuss ongoing
liability concerns and potential new approaches to facilitate cleanup and reuse of contaminated properties. Based on this
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outreach and lessons learned from site-specific agreements, the Agency has identified potential revisions to the Bona Fide
Prospective Purchaser and prospective purchaser model agreements.
How will the accomplishments be sustained?
In conjunction with the efforts under Recommendation 23, EPA and DOJ will continue to meet regularly to discuss
cases, potential revisions to the Bona Fide Prospective Purchaser and prospective purchaser model agreements, and other
opportunities to support cleanup and reuse at NPL sites.
RECOMMENDATION 27: Identify Tools for Third Parties Interested in Investment or Other Opportunities
Supporting the Cleanup or Reuse of NPL Sites
What was accomplished?
EPA conducted extensive outreach to a variety of stakeholders involved in the cleanup and redevelopment of Superfund
sites. The Agency reached out to lenders, investors, purchasers, and other third parties to discuss ongoing liability concerns
and the potential for new approaches to facilitate cleanup and reuse.
In June 2018, there were two outreach activities to receive input from external stakeholders. The first was a public listening
session, sponsored by EPA, titled, "New Tools to Encourage Private Investment in Cleaning Up and Reusing Superfund
Sites." The purpose of the event was to share information and receive feedback from external stakeholders who are
involved in the cleanup and reuse of contaminated properties (especially NPL sites) and to identify tools and strategies to
facilitate and encourage investment in these sites. Second, EPA attended an in-person meeting with the Environmental
Bankers Association that included over 100 interested parties. Both outreach events included a discussion of the goals of
Recommendation 27, an overview of EPA's current liability clarification tools, and a discussion of the issues and topics
warranting stakeholder input.
How are the accomplishments integrated into the program?
Through these comprehensive efforts, EPA identified revisions to the model comfort/status letters under Recommendation
28 and changes to the Common Elements Guidance under Recommendation 29. EPA will also continue to consider
revisions to the Bona Fide Prospective Purchaser and prospective purchaser model agreements under Recommendation
26.
How will the accomplishments be sustained?
The Bona Fide Prospective Purchaser and prospective purchaser model agreements, model comfort/status letters, and the
Common Elements Guidance are the core tools used by EPA to address liability issues related to the cleanup and reuse of
contaminated sites. Incorporating the accomplishments of this recommendation into those documents will ensure they will
be sustained.
RECOMMENDATION 28: Provide Greater "Comfort" in Comfort/Status Letters
What was accomplished?
In FY 2018, EPA's cleanup enforcement office hosted a listening session for external stakeholders on comfort/status letters
https://www.epa.gov/enforcement/listening-sessions-superfund-task-force-recommendations. The listening session
included a discussion of the Agency's efforts to revise the 2015 Comfort/Status Letter policy to provide a greater level of
comfort and solicited feedback from stakeholders on the use of comfort/status letters and the types of standard information
stakeholders would like included in a comfort/status letter.
In August 2019, EPA issued the 2019 Policy on the Issuance of Superfund Comfort/Status Letters and attached model
letters ("2019 Policy"), which EPA regional staff can use when drafting site-specific letters for parties interested in reusing
impacted property.
How are the accomplishments integrated into the program and sustained?
Since 1996, EPA regional staff have issued comfort/status letters to facilitate and assist in the reuse of impacted properties.
EPA will continue this practice using the updated model letters. Going forward, EPA will use meetings and conferences, as
appropriate, to highlight and discuss the comfort/status letter policy and model letters with stakeholders.
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How will the accomplishments of the program be sustained?
The 2019 policy and model letters will continue to facilitate reuse of impacted properties. Under Recommendation 24,
the Agency established a special collection of comfort/status letters to allow EPA regional staff easy access to information
regarding the use of these letters.
RECOMMENDATION 29: Revise or Develop New Enforcement Guidance to Support the Cleanup and Reuse of
Contaminated Sites
What was accomplished?
EPA divided this recommendation into two major actions: 1) propose potential revisions to the 2003 "Common
Elements Guidance" based on case law developments and lessons learned by EPA and the private sector; and 2) identify
opportunities to expand non-liable party approaches under CERCLA § 107(d) for addressing liability issues and promoting
redevelopment.
"Common Elements Guidance"
EPA conducted a comprehensive review and discussion on revisions to the 2003 "Common Elements Guidance." A national
EPA workgroup identified changes and improvements to the current guidance. Additionally EPA's Superfund Enforcement
Program sponsored a public listening session to receive feedback and suggestions for improvements to the document.
In July 2019, EPA issued the 2019 "Common Elements Guidance" based on the work of the national workgroup and the
feedback from external stakeholders. The 2019 guidance includes major revisions to sections covering requirements to:
take "reasonable steps" with respect to hazardous substance releases, and
comply with land use restrictions and not impede the effectiveness or integrity of institutional controls.
There are minor updates to sections on "all appropriate inquiries," affiliation, and the remaining continuing obligations.
Further, the revised guidance includes a new section on the requirement that Bona Fide Prospective Purchasers and
innocent landowners not dispose of hazardous substances after purchasing property.
CERCLA § 107(d)
To explore expanded third-party participation in rendering care, assistance, or advice in response to a release of a
hazardous substance, the Superfund Enforcement Program researched the case law and legislative history of Section 107(d)
of CERCLA.
How are the accomplishments integrated into the program?
"Common Elements Guidance"
The 2019 "Common Elements Guidance" assists EPA personnel and third parties with identifying and creating
opportunities for new investment in cleaning up and redeveloping contaminated sites. The guidance also serves as the main
source of information on the landowner liability provisions and provides clarity on the obligations and liability of third
parties as they move toward the cleanup and redevelopment of contaminated sites.
CERCLA § 107(d)
As noted above, EPA researched the case law and legislative history of this statutory section.
How will the accomplishments be sustained?
"Common Elements Guidance"
To sustain the work of the task force and implementation of the 2019 guidance, EPA's Superfund Enforcement Program
will provide additional information on the revised document using webinars and in-person presentations at the 2019
Brownfields Conference (December 11-13, 2019) and other external stakeholder forums.
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CERCLA § 107(d)
EPA continues to leverage CERCLA § 107(d) in Good Samaritan agreements to enable cleanup actions at certain hardrock
and other mining sites.
Upper Columbia River Superfund Site in Washington
The Upper Columbia River Superfund Site starts at the US/Canada border and extends 150 river miles into
Washington State. Both the river and uplands areas are contaminated due to discharges from the Teck Cominco
lead-zinc smelter in Trail, British Columbia. Although Teck Cominco was held not liable as an arranger for
contamination in the uplands portion of the site, it was willing to voluntarily conduct additional removal actions
on four residential properties in the uplands portion.
In September 2017, Teck Cominco, EPA, and DOJ signed an administrative settlement agreement, relying on
CERCLA § 107(d). Under the settlement agreement, Teck Cominco would be rendering care by voluntarily
performing the removals at the four upland residential properties.
RECOMMENDATION 30: Revise Federal Facility Enforcement Guidance
What was accomplished?
EPA issued a revision of the 1997 "Policy Towards Landowners and Transferees of Federal Facilities" ("Transferee Policy")
on May 17, 2019 to encourage redevelopment and reuse at federal facilities on the NPL. Originally, the 1997 policy
indicated that prospective purchaser agreements would not be necessary for landowners and transferees of federal facilities.
In addition, it did not encourage the use of various tools, such as comfort letters, to give transferees confidence that EPA
would generally not take CERCLA enforcement action against them.
The revised policy is intended to encourage reuse and redevelopment of federal property. It supports the use of tools such
as comfort letters and other agreements to address potential liability concerns of landowners and transferees who acquire
federal property and aims to alleviate uncertainty regarding potential enforcement by the Agency for contamination
existing as of the date of property acquisition. EPA developed the policy in coordination with two state organizations and
other federal agencies.
On July 2,2019, EPA transmitted for regional use model language for amending federal facility agreements to encourage
reuse and redevelopment at NPL federal facilities. The proposed language would place federal facility agreement provisions
on hold in instances where a third party, rather than the federal entity, wants to do the cleanup. In response to comments,
EPA developed two amendment options. In Option 1, EPA independently selects the remedy. In Option 2, the federal
agency participates in remedy selection (DOD prefers this approach). Both of these options are appropriate for the regions'
consideration as a starting point for negotiations. In developing these options, EPA provided opportunities for federal
agency and state comment.
How are the accomplishments integrated into the program?
EPA will apply the May 17, 2019 Transferee Policy and the July 2, 2019 proposed amendment options to encourage
redevelopment and productive reuse at federal facilities on the NPL. Along with distributing to stakeholders, both sets of
documents are publicly available from the Agency and FedCenter websites.
How will the accomplishments be sustained?
EPA will sustain its commitment to promoting redevelopment and reuse of federal property on the NPL through the
application of the revised Transferee policy and the proposed federal facility agreement amendments. EPA will provide
more assurance during Federal transfers where there are opportunities for productive reuse and will share the amendments
in an effort to streamline the possibility of a third party performing the cleanup where there is an interest in privatization.
EPA will continue to inform the Federal community and the states that EPA supports redevelopment and reuse at Federal
facilities through various speaking engagements, meetings, and compliance assistance symposiums and will ensure the
availability of the documents through the EPA website and FedCenter.
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STRATEGY 4:
ADDRESS LIABILITY CONCERNS OF LOCAL GOVERNMENTS
BACKGROUND: Local governments play an integral role in facilitating the cleanup and reuse of contaminated properties.
By acquiring contaminated properties, local governments have the opportunity to evaluate and assess public safety
needs and promote redevelopment projects that will protect and improve the health, environment, and economic well-
being of their communities. Although local governments may take advantage of the statutory liability protections, these
governments continue to raise potential liability concerns about the acquisition of contaminated property as a barrier to
reuse. Local government liability concerns at contaminated properties include the timing of and the cost associated with
conducting due diligence, the meaning of "involuntary acquisition" in former statutory provisions, and the need for tools
specific for local governments.
RECOMMENDATION 31: Develop New Local Government Enforcement Guidance to Address Concerns Raised by
the Landowner Liability Provisions Potentially Applicable to Local Governments
What was accomplished?
Local Government Enforcement Guidance
EPA identified revising a 2011 fact sheet, CERCLA Liability and Local Government Acquisitions and Other Activities, as
the best tool to address local governments' potential liability concerns. EPA conducted an internal review and comment
process on the existing 2011 EPA fact sheet. While the Agency was revising the 2011 fact sheet, the U.S. Congress amended
Section 101(20)(D) of CERCLA to expand the liability exemption for state and local governments. EPA has since drafted
a revised fact sheet discussing the effect of those CERCLA amendments. Once finalized, it will clarify EPA's position on
the liability of local governments that acquire contaminated property and will serve as a more comprehensive guidance
document. The revised fact sheet also will serve as a primary resource for local governments evaluating potential CERCLA
liability concerns.
The implementation of this recommendation and analysis of the statutory change are almost complete. The draft revised
fact sheet addressing local governments' potential liability concerns will be sent out to EPA Regions for review and
comment by the end of FY 2019. EPA expects the revised fact sheet to be issued in FY 2020.
How are the accomplishments integrated into the program?
When finalized, the revised fact sheet will be used by EPA Regions, as appropriate, to address liability concerns of local
governments that acquire contaminated property and will be publicly available on the Agency's website.
How will the accomplishments be sustained?
EPA will continue to consider policy options, tools, and approaches to address liability concerns of local governments.
EPA's Superfund Enforcement Program will provide additional information and solicit stakeholder feedback on the draft
revised fact sheet using webinars and in-person presentations at the 2019 Brownfields Conference (December 11-13, 2019)
and other external stakeholder forums.
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RECOMMENDATION 32: Develop a Model Comfort/Status Letter and Other Tools to Address the Liability Concerns
and Other Barriers Unique to Local Governments
What was accomplished?
Addressing liability concerns through model comfort/status letter and other tools
EPA identified a local, government-specific model comfort/status letter as the best site-specific tool to facilitate and support
local governments in the acquisition of contaminated properties. EPA is currently drafting this model comfort/status letter
and considering policy options and tools to address liability concerns of local governments.
EPA expects the model comfort/status letter to be issued in FY 2020.
How are the accomplishments integrated into the program?
When finalized, the model comfort/status letter will be used by EPA Regions, as appropriate, to address liability concerns of
local governments that acquire contaminated property, and it will be publicly available on the Agency's website.
How will the accomplishments be sustained?
EPA will continue to consider policy options, tools, and approaches to address liability concerns of local governments and
will revise the model comfort/status letter, as appropriate, based on feedback from EPA Regions and external stakeholders.
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GOAL 4:
PROMOTING REDEVELOPMENT
AND COMMUNITY REVITALIZATION
STRATEGY 1:
FACILITATE SITE REDEVELOPMENT AND SUPPORT ONGOING INFORMATION SHARING
BACKGROUND: Building capacity and providing training to staff from EPA, other federal agencies, state, tribal and local
governments, elected officials, and other community-based organizations to facilitate site redevelopment is important.
These efforts include training and outreach on: the overall site cleanup process as it relates to redevelopment potential;
key components of land use and economic development planning; and funding and financing tools to better support
communities and to promote Superfund redevelopment. Local planning departments and elected officials are critical in
developing land use alternatives, especially during the RI/FS cleanup phase. Making sure interested parties have training
in and basic knowledge of the site cleanup process helps inform future use decisions and helps facilitate interested parties'
ability to promote site-specific Superfund redevelopment.
Providing training that identifies specific near-term community actions will help community stakeholders understand
a sites market potential and limitations, including how to enhance a site's attractiveness for future development
opportunities. Initial community work demonstrates commitment to site reuse and signals to developers that the
community is a willing partner.
Reuse is further promoted when the community, including developers, has access to robust information about an
individual site and surrounding sites. This information includes knowledge of the site types businesses/industries/
developers are potentially interested in redeveloping.
RECOMMENDATION 33: Focus Redevelopment Efforts on 20 NPL Sites with Redevelopment Potential and Identify
20 Sites with Greatest Potential Reuse
What was accomplished?
In January 2018, EPA released the Redevelopment Focus List of 31 NPL sites with the greatest reuse potential. EPA
developed this list to promote renewed focus on accelerating Superfund site progress while working to successfully return
Superfund sites to productive use in communities across the country. To identify sites, EPA coordinated extensively within
the Agency, as well as with state counterparts and site owners. Since the list's release and to publicize site information, EPA
has provided training, tools, and resources, including more than 100 new or updated case studies, fact sheets, reports, and
online materials about these 31 sites and other regionally identified priority sites. Reuse fact sheets provide site owners,
future site users, prospective purchasers, lenders, and developers with site-specific information from both Superfund
cleanup and real estate-oriented perspectives while both case studies and fact sheets explore Superfund reuse stories and
document which redevelopment strategies worked, acknowledge reuse barriers, and provide understanding as to how
communities overcame barriers to create new reuse outcomes. Case studies, fact sheets, and other online materials are
available on EPA's Superfund Redevelopment Initiative website at https://www.epa.gov/superfund-redevelopment-initiative.
EPA used the lessons learned from the initial January 2018 Focus List effort to expand support to more sites and to broader
redevelopment opportunities. The list of "Redevelopment Opportunity" sites as well as fact sheets for each site, are available
at https://www.epa.gov/superfund-redevelopment-initiative/superfund-redevelopment-opportunity-sites. Additionally,
EPA developed an interactive tool that highlights Superfund Redevelopment Opportunity sites and helps promote these
sites' revitalization. The Superfund Redevelopment Opportunity Sites story map is available at https://arcg.is/vn8H5.
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Since July 2017, EPA outreach activities to engage communities, stakeholders, and EPA staff on Superfund redevelopment
have included the following:
Provided tools and resources to Redevelopment Opportunity sites, as well as other priority sites identified by the
regions.
Responded to more than 250 redevelopment-related prospective purchaser inquires for Redevelopment Opportunity
sites, in addition to other sites garnering interest.
Provided site stakeholders, businesses, and developers interested in Superfund site reuse with the requisite
information to understand the site cleanup and redevelopment process, including associated liabilities and
obligations.
Delivered training, both in person and via webinar, for site stakeholders, businesses, developers, and the public, as
well as for EPA staff across waste programs with a land revitalization interest. Training opportunities included:
~ Conducting seven training webinars for EPA staff and three public webinars. The June 2018 internal webinar,
"Redeveloping Contaminated Properties," trained EPA staff in engaging industries, businesses, and developers
regarding redevelopment at all EPA cleanup program site types. Two "Introduction to EPA's Superfund
Redevelopment Initiative" webinars were held in 2019 to ensure EPA staff have the tools and strategies they
need to work with communities on reasonable future land use determinations, which are critical to selecting
and implementing remedies that support reuse;
~ Providing two half-day training sessions for EPA and other state and federal agency staff and highlighting
reuse at the 25th National Association of Remedial Project Manager training conference in December 2017;
~ Sharing information on reuse planning, training, and redevelopment success stories with attendees of the
2017 National Brownfields Conference. EPA met with community members, developers, contractors, state
representatives, and other interested parties to share redevelopment information;
~ Participating in the 2018 Wildlife Habitat Council's Conservation Conference to share redevelopment
information and to discuss opportunities for reuse partnerships, ecological revitalization, wetland mitigation,
and greener cleanups with conference attendees;
~ Developing materials for the 2018 EPA Community Involvement Training Program to help Superfund
community involvement coordinators understand Superfund redevelopment and to ensure they are equipped
with the tools to support communities and stakeholders interested in redevelopment; and
~ Delivering redevelopment and enforcement-related training sessions in Regions 7 and 10 for EPA and state
agency staff.
How are the accomplishments integrated into the program?
EPA has integrated these accomplishments into the Superfund Redevelopment Initiative and Brownfield programs' routine
operations. The activities resulting from the Goal 4 recommendations are consistent with EPA's Superfund Redevelopment
Initiative mission - to ensure that effective processes and tools needed to return Superfund sites to beneficial reuse are
available to stakeholders, communities, developers, and property owners. EPA will continue to focus on providing direct
support and training to EPA regions, as well as site-specific information to communities, stakeholders, and developers
interested in site redevelopment. EPA will also continue to share tools and information through a variety of internal and
external trainings, meetings, and conferences. Through its training, best practices, and case studies, EPA will stress the
importance of understanding future use early in the cleanup process to help ensure realization of a site's redevelopment
potential. EPA will continue to provide direct support to communities through technical assistance, and redevelopment
experts and regional Superfund Redevelopment Initiative coordinators will continue to provide support to EPA site teams
and stakeholders, as needed. As appropriate, redevelopment or reuse is a goal for all sites. The Redevelopment Focus List
will be retired, and future EPA efforts will be part of the re-invigorated Superfund Redevelopment Initiative.
How will the accomplishments be sustained?
EPA will continue to prominently post on the Superfund Redevelopment Initiative website site-specific redevelopment
information for stakeholders, developers, and businesses. Additionally, the Agency will identify and promote best practices
for working with potential developers across EPA's regional offices. EPA will continue to ensure accurate liability tool
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information is available to interested parties. These tools can be incorporated into the prospective purchase inquiry
toolbox, currently a joint effort between regional Superfund enforcement and cleanup staff. Site redevelopment training
will continue to be available to EPA staff to help ensure the Agency stays abreast of techniques for effectively engaging
communities on redevelopment. Training will continue to stress the importance of understanding future use early in the
cleanup process. EPA will continue to celebrate redevelopment successes by recognizing entities that contribute to them;
the Agency will highlight these successes through case studies, fact sheets, and other materials to share both inspiration
and lessons learned.
Armour Road Superfund Site in Missouri
At the Armour Road Superfund site, EPA has worked throughout cleanup
with North Kansas City and settling defendants to help position the site for
redevelopment. Zoned for commercial retail and mixed land uses, the site is
in an area of the city undergoing extensive redevelopment. In January 2018,
EPA placed the site on the Superfund Redevelopment Opportunity list.
EPA developed a site reuse fact sheet to promote its reuse availability.
The fact sheet provides photographs and site information such as: size,
surrounding population, geographic location, reuse opportunities, cleanup
status, zoning information, and contacts for more information. These
fact sheets have been instrumental in providing prospective purchasers,
residents, interest groups, and future site users with easy-to-understand site
information.
EPA has worked to provide additional information to interested parties
through the prospective purchaser inquiry process. EPA enforcement
and cleanup staff have collaborated to issue comfort letters for the site
and surrounding properties when requested. Comfort letters provide the
interested party with EPA's property-specific information and potentially
applicable Agency policies to help inform the party's acquisition and
development decisions. EPA has also served as a critical link, between
developers and North Kansas City, the owner of the site, and its
surrounding property.
ifiti TH
The former Habco building demolished during the
first removal action.
The site's current conditions - a site ready to be
developed and repurposed.
Arrowhead Refinery Co. Superfund Site in Minnesota
The 10-acre Arrowhead Refinery Co. Superfund site is a former waste oil recycling
facility Hie site owner has plans for the property's commercial development. Zoned
for commercial uses, the site has excellent highway access and visibility. Utilities
and infrastructure connections for electric, water, and sewer are available nearby.
Previous EPA efforts entailed reuse assessment support to assist the property
owner and local government in evaluating the site's reuse potential. EPA identified
the site as a Redevelopment Opportunity site - a site with the greatest expected
redevelopment potential. As such, EPA has renewed focus on accelerating site
work and progress, while also working to successfully return Superfund sites to
productive use in communities across the country.
EPA has worked with the state and the property owner to address reuse barriers and to identify issues related to
the site's institutional controls, which are legal and administrative tools that EPA uses to maintain protection of
human health and the environment. Hie site's existing institutional controls unnecessarily restrict the property's
development potential. To facilitate these discussions, EPA, in September 2018, compiled a reference tool
documenting the site's cleanup, reuse, and institutional controls. The Agency's efforts have identified alternative
institutional control approaches, and EPA, the state, and property owner are working to determine how to modify
the controls, so they better align with the site's redevelopment goals.
View of land available for development at
the site.
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New Bedford Harbor Superfund Site in Massachusetts
From 1938 to the late 1970s, industrial facilities discharged
wastes into New Bedford Harbor, Today, EPA is addressing
the 18,000-acre site through a cleanup of the estuary system
from the upper Acushnet River into Buzzards Bay. After
cleanup, the city of New Bedford plans to reuse EPA's cleanup
facilities as an intermodal transportation facility The
area, located on the city's working waterfront, will include
berthing space for freighters and commercial fishing vessels,
a 55,000-square-foot warehouse, and a rail spur that connects
to the city's rail yard. In addition, EPA's demolition of the 11 -
acre Aerovox mill will provide the city with space for future
redevelopment along the Acushnet River. EPA Administrator
Andrew Wheeler joined community stakeholders and EPA
staff for a boat tour (right) of the site's ongoing cleanup in
July 2018, as part of activities highlighting Redevelopment Opportunity sites.
EPA developed a reuse fact sheet for the site to promote the availability of the site property for reuse. The fact
sheet provides photographs and site information such as size, surrounding population, geographic location, reuse
opportunities, cleanup status, zoning information, and contacts for more information. These fact sheets have been
instrumental in providing prospective purchasers, local residents, interest groups, and future site users with easy-to-
understand information about the site.
RECOMMENDATION 34: Publicize Site Specific Information to Promote Community Revitali/ation
What was accomplished?
Under this recommendation, EPA focused on developing and providing site-specific information for reuse-ready sites. EPA
reorganized the Superfund Redevelopment Initiative website (https://www.epa.gov/superfund-redevelopment-initiative).
to reflect Task Force activities and to consolidate information about reuse opportunities into one easily accessible web area,
"Promoting Redevelopment." The Agency developed more than 100 new or updated case studies, fact sheets, reports, and
online materials to provide site owners, future site users, prospective purchasers, lenders, and developers with site-specific
information pertaining to both Superfund cleanup and real estate-oriented perspectives.
EPA developed a prototype Superfund redevelopment interactive map designed to show site information, to outline
reuse status and potential, and to provide links to relevant resources. With the map, EPA will communicate timely site
information to real estate and land use decision-makers by making Superfund sites and related property assets visible
and accessible in a manner akin to a real estate portfolio. Also, making EPA's remedial and institutional control content
available spatially will help maximize site redevelopment opportunities. Activities to date have included the following:
Selected 30 sample Superfund sites for the prototype; the sites cover multiple EPA regions and varied data scenarios.
Drafted a conceptual plan for the prototype; the plan includes a site search interface, a site area context interface, and
a site detail interface.
Developed sample site detail and area context maps within the GeoPlatform to facilitate discussion.
Incorporated workshop feedback in a revised concept.
Developed prototype search interface and national map application featuring data for 30 Superfund sites for internal
EPA review.
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Sites that have achieved the Agency's Sitewide Ready for Anticipated Use measure are particularly relevant to those
interested in reusing Superfund sites or identifying sites that maybe able to support additional uses. EPA's Task Force
activities to promote reuse at Sitewide Ready for Anticipated Use sites, included the following:
Ensured that Sitewide Ready for Anticipated Use performance measure information is up-to-date and readily
accessible on the Superfund Redevelopment Initiative website;
Updated the total number of Sitewide Ready for Anticipated Use sites by fiscal year and expanded the list of
confirmed Sitewide Ready for Anticipated Use sites to include site reuse status; and
Updated the Sitewide Ready for Anticipated Use retractions list.
Information on NPL sites achieving the Sitewide Ready for Anticipated Use measure is found at: https://www.epa.gov/
superfund-redevelopment-initiative/performance-measures-superfund-sites#SWRAU.
How are the accomplishments integrated into the program?
EPA has integrated these accomplishments into the Superfund Redevelopment Initiative and the Brownfields programs'
routine operations. The activities resulting from the Goal 4 Recommendations are consistent with the mission of EPA's
Superfund Redevelopment Initiative - to ensure that effective processes and tools needed to return Superfund sites to
beneficial reuse are available to stakeholders, communities, developers, and property owners.
Development of the prototype of the Superfund redevelopment interactive map and the sample Superfund site Geographic
Information System (GIS) data set displayed within it aligns well with the Agency's concurrent consolidation of Superfund
site GIS data within the regions, migration to a standardized data schema, and its eventual presentation in a single
nationwide GIS data service. The prototype development process is an opportunity for EPA to evaluate the challenges
and considerations for communicating these GIS data to both internal and external audiences, to explore the potential
for additional use of the data in the context of other available mapping layers, such as demographic and market-related
information, and to assess internal and external information needs that can be supported through the effort.
How will the accomplishments be sustained?
EPA will continue to post site-specific information about sites available for redevelopment prominently on the Superfund
Redevelopment Initiative website for stakeholders, developers, and businesses seeking information. Additionally, EPA will
identify and promote best practices across the regions for working with potential developers.
Feedback collected during evaluation of the prototype Superfund redevelopment interactive map by the internal EPA
geospatial team will help to identify opportunities and challenges and to determine appropriate next steps in the tool's
further development. Potential next steps could include, but not are not limited to, adding more sites and collecting more
site data, sharing with other internal and external audiences, expanding and refining the data, investigating potential SEMS
integration, and more.
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Libby Asbestos and Libby Groundwater Contamination Superfund Sites in Montana
The Task Force identified the Libby Asbestos site and the Libby
Groundwater Contamination site as Superfund Redevelopment
Opportunity sites. This list of sites promotes renewed focus on accelerating
work and progress at all Superfund sites while working to successfully
return Superfund sites to productive use in communities across the
country.
The two sites' reuse potential led to their inclusion in EPA's prototype
redevelopment-focused interactive mapping tool. The tool provides
investors, developers, property owners, and local government agencies with
accurate and timely information to inform reuse decision-making.
The Superfund Redevelopment Initiative has supported reuse planning
efforts for these sites. A visioning session identified economic development,
job creation, and recreational tourism opportunities. Based on outcomes
from this first session, EPA Region 8 sponsored a second phase of
Superfund Redevelopment Initiative activities to develop strengths,
weaknesses, opportunities, and threats analysis as well as holding a second
working session with an expanded group of stakeholders and regional
economic development experts. This second phase wrapped up in March
2018 with an action plan for the Kootenai Business Park.
In addition to cleanup restoring neighborhoods and business areas, parts
of the sites are now in reuse. Riverfront Park, for example, has river access,
pavilions, a memorial, parking, and picnic tables. People put in boats to
experience one of the areas many renowned fisheries. At dusk, others take
a quiet moment to sit and enjoy the parks mountain views and watch the water flow past. Groups come together
for community gatherings and celebrations.
In November 2018, EPA Region 8 recognized the work and collaboration in Libby, Montana, with its Excellence
in Site Reuse Award. The Superfund Redevelopment Initiative has developed an in-depth case study and a video
documenting cleanup, public health, and revitalization outcomes in Libby.
RECOMMENDATION 35: Build Capacity of EPA and Its Stakeholders on the Broad Community and Economic
Development Context for Site Remediation and Redevelopment
What was accomplished?
The Task Force built internal and external capacity to facilitate Superfund redevelopment. Activities included the following:
Conducted seven training webinars for EPA staff and three public webinars. The June 2018 internal training
webinar, Redeveloping Contaminated Properties, trained EPA staff in engaging industries, businesses, and
developers regarding redevelopment at all EPA cleanup program site types. Two Introduction to EPA's Superfund
Redevelopment Initiative webinars were held in 2019 to ensure EPA staff have the tools and strategies they need
to work with communities on reasonable future land use determinations, which are critical to selecting and
implementing remedies that support reuse;
Provided two half-day training sessions for EPA and other state and federal agency staff and highlighted reuse at the
25th National Association of Remedial Project Manager Conference;
Shared information on reuse planning, training, and redevelopment success stories with attendees of the 2017
National Brownfields Conference. EPA met with community members, developers, contractors, state representatives,
and other interested parties to share redevelopment information;
Superfund Redevelopment Initiative -facilitated
stakeholder working sessions identified economic
development, job creation and recreational tourism
opportunities.
Libby s Riverfront Park ribbon-cutting ceremony.
SUPERFUND TASK FORCE FINAL REPORT
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Participated in the 2018 Wildlife Habitat Council's Conservation Conference to share redevelopment information
and to discuss opportunities for reuse partnerships, ecological revitalization, wetland mitigation, and greener
cleanups with conference attendees;
Developed materials for the 2018 EPA Community Involvement Training Program to help Superfund community
involvement coordinators understand Superfund redevelopment and to ensure they are equipped with the tools to
support communities and stakeholders interested in redevelopment; and
Delivered training sessions in Regions 7 and 10 for EPA and state agency staff.
How are the accomplishments integrated into the program?
EPA has integrated these accomplishments into the routine activities of the Superfund Redevelopment Initiative and
Brownfields programs and expects to deliver future webinars, regional training, and National Association of Remedial
Project Manager support. The activities resulting from this recommendation are consistent with the Superfund
Redevelopment Initiative's mission. EPA will continue to share tools and information through a variety of internal and
external trainings, meetings, and conferences.
How will the accomplishments be sustained?
Site redevelopment training will continue to be available to EPA staff to help ensure the Agency stays abreast of techniques
for effectively engaging communities on redevelopment; training will continue to stress the importance of understanding
future land use early in the cleanup process.
RECOMMENDATION 36: Engage Superfund Communities in Cleanup and Redevelopment
What was accomplished?
EPA has worked to engage communities affected by cleanup and redevelopment activities by delivering relevant trainings
and providing information on the Superfund and Brownfield processes. Specific accomplishments include:
Developed more than 100 new or updated case studies, fact sheets, reports, and online materials. Case studies and
fact sheets explore Superfund reuse stories and document successful redevelopment strategies, acknowledge reuse
barriers, and explain community approaches that overcame barriers to new reuse outcomes. Case studies and fact
sheets are available at (https://www.epa.gov/superfund-redevelopment-initiative/depth-case-studies-superfund-reuse
and https://www.epa.gov/superfund-redevelopment-initiative/superfund-redevelopment-initiative-success-stories.)
Other online materials are available on EPA's Superfund Redevelopment Initiative website at
(https://www.epa.gov/superfund-redevelopment-initiative).
Collected and published national economic data for FY 2017 and FY 2018. EPA tracks this economic information
to give a general overview of Superfund redevelopment's national beneficial effects. Information on redevelopment
economics can be found at https://www.epa.gov/superfund-redevelopment-initiative/redevelopment-economics-
superfund-sites.
Provided trainings and attended meetings, events, and conferences to engage communities and to promote
redevelopment.
How are the accomplishments integrated into the program?
EPA has integrated these accomplishments into routine Superfund Redevelopment Initiative activities. EPA regularly
publishes case studies, fact sheets, and other online materials to provide examples, tools, and resources for communities
and stakeholders to reference when considering site redevelopment. EPA also continues to annually collect and report
redevelopment's economic impacts on a national, regional, and site-specific level.
How will the accomplishments be sustained?
EPA will continue to develop site-specific reuse information and to produce material that highlights the processes, best
practices, and strategies employed at sites that have been successfully redeveloped. The Superfund Redevelopment Initiative
will continue to provide direct support to communities interested in Superfund redevelopment and will continue to ensure
that interested parties have key cleanup and redevelopment information.
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Tar Creek Superfund Site in Oklahoma
EPA has provided direct support for cleanup and reuse planning
efforts at the Tar Creek Superfund site. EPA has developed an
innovative strategic plan for the site. The Agency will be cleaning up
this large and complicated site for decades and sought to provide all
Stakeholders, including state and tribal agencies, with a roadmap that
outlines a strategic cleanup completion plan. EPA partnered with the
Oklahoma Department of Environmental Quality and the Quapaw
Nation to develop the plan and related communications materials. This
visual roadmap summarizes work done to date, discusses remaining
activities, and summarizes EPA's
cleanup strategy through 2021, as well
as considerations for expediting cleanup
over the long term. In March 2019, Region 6 issued a press notice and released the
draft Tar Creek Superfund Site Strategic Plan: Cleanup Progress & Plans for the
Future document for a 30-day public comment period. A summary document of
public comments received will be released with the final strategic plan.
v>EPA
Proposed Bird Dog Pile solar project area at the site.
TAR CREEK
SUPERFUND SITE
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EPA's draft Tar Creek Superfund Site
Strategic Plan: Cleanup Progress & Plans
for the Future.
Additionally, EPA has collaborated with the Quapaw Nation Environmental
Office and an Oklahoma state power agency, the Grand River Dam Authority, on
the development of a solar reuse assessment covering the site portion located on
Quapaw Nation tribal lands. The solar reuse assessment's goal is to evaluate the site's
solar reuse potential and to define a project location. The solar reuse assessment
report, released in April 2019, outlines key agreements to date, project feasibility,
economic considerations, RD coordination opportunities, and an action plan to
install a 150-megawatt solar photovoltaic installation. Work is ongoing to prepare
supplementary financial and land use analysis related to the potential renewable
solar energy opportunities.
RECOMMENDATION 37: Recognize and Replicate Local Site Redevelopment Successes
What was accomplished?
In 2019, the Superfund Redevelopment program celebrated 20 years of successfully returning sites to communities for
reuse. EPA has focused on awarding more site reuse awards across the regions to recognize redevelopment success and
to promote and replicate these successes. EPA developed a 'how-to' guide for EPA staff on planning and issuing site reuse
awards. The guide discusses regional reuse award programs and helps EPA staff and site teams explore ways to celebrate
achievements and success stories. EPA presented State Excellence in Supporting Reuse awards to three state agencies at the
2017 Association of State and Territorial Solid Waste Management Officials (ASTSWMO) meeting and three state agencies
at the 2018 ASTSWMO meeting. Additionally, EPA presented site-specific awards at 12 sites to more than 100 recipients,
recognizing community members, local governments, developers, and others for their contributions to site redevelopment
successes. Information on sites that received reuse awards is available at https://www.epa.gov/superfund-redevelopment-
initiative/superfund-redevelopment-initiative-reuse-awards.
How are the accomplishments integrated into the program?
EPA has integrated these accomplishments into the Superfund Redevelopment Initiative and Brownfields routine program
operations. The activities resulting from the Goal 4 Recommendations are consistent with the Superfund Redevelopment
Initiative mission - to ensure that effective processes and requisite tools for Superfund sites' beneficial reuse are available
to stakeholders, communities, developers, and property owners. EPA will continue to identify redevelopment site successes
and to recognize the entities key those successes.
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How will the accomplishments be sustained?
EPA will share the 'how-to' guide with the appropriate contacts to help ensure understanding of the reuse awards and
attendant award process. The Agency will continue to celebrate redevelopment successes through awards that recognize
entities key to those successes. EPA will highlight redevelopment successes in case studies, fact sheets, and other materials
to share inspiration and lessons learned.
EPA Reuse Awards Celebrate Local Site Redevelopment Successes
In December 2018, EPA Region 1 participated in a new senior
center's ribbon cutting ceremony at the Blackburn & Union
Privileges site in Walpole, Massachusetts. During the ceremony,
EPA Region 1 presented Excellence in Site Reuse awards to the
town of Walpole and to the Walpole Council on Aging for their
exceptional leadership and reuse coordination in transforming
the site - a former industrial property - into a recreational,
educational, and health resource for seniors. Strong community
support for the project was evidenced by a $6.8- million
contribution from the town of Walpole, $1.4 million raised
by private donors, and substantial support from Walpole Co-
operative Bank. The new Walpole Co-operative Bank South Street
Center is the community's first stand-alone senior center facility.
At the podium: Alex Dunn, Former EPA R1 RA. Right of Alex
Dunn: Robin Chapell, Health Director, Town of Walpole; Mark
Gallivan, Selectman, Town of Walpole; Jim Johnson, Town
Administrator, Town of Walpole; Nancy Barmakian, EPA R1
Acting Director of Land, Chemicals & Redevelopment-
PJP Landfill Superfund Site in New Jersey
Jersey City, New Jersey, has long been a center for heavy
industry, and some land uses have contributed to the area's
environmental challenges. For example, between 1970
and the mid-1980s, landfilling and illegal waste disposal
at the 87-acre PJP Landfill Superfund site, located along
the I Iackensack River, contaminated soil and groundwater.
However, the site's proximity to New York City and major
transportation routes has made it attractive to businesses
looking for development opportunities in the area.
EPA, the New Jersey Department of Environmental
Protection, the city of Jersey City, the PRPs, and the site
owner worked together to integrate the site cleanup into
the site owner's redevelopment goals. The innovative plan
enabled construction of a warehouse on part of the landfill.
The remedial cap was incorporated into the construction of
a warehouse, transfer station, and associated parking lots.
Jersey City Deputy Mayor, Prologis Senior Vice President, and the New
Jersey Department of Environmental Protection Deputy Commissioner
accept the Excellence in Site Reuse Award for their work at the site.
In June 2018, EPA celebrated the remarkable transformation of the site area and recognized stakeholders for their
thoughtful work. EPA Region 2 presented Excellence in Site Reuse Awards to the city of Jersey City, the New Jersey
Department of Environmental Protection, and Prologis Corporation for their efforts to make the state-of-the-art
warehouse and distribution center a reality at the site.
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STRATEGY 2:
UTILIZE REUSE PLANNING TO LAY THE FOUNDATION AND SET EXPECTATIONS FOR SITE
REDEVELOPMENT
BACKGROUND: EPA can play a significant role in helping communities
realize the associated health, economic, and social benefits that
accompany Superfund site redevelopment. Cleanup must be coupled with
assistance that addresses neighborhood and community redevelopment
challenges and expands the community's redevelopment capability That
assistance includes identifying barriers to redevelopment and helping to
overcome them.
Additionally, EPA can help communities find ways to enter into
partnerships with more public/private organizations and private business
organizations, such as real estate professionals, lenders, and developers.
Using these partnerships can facilitate reuse by identifying resources,
including assistance in connecting sites to potential developers.
RECOMMENDATION 38: Support Community Visioning, Revitalization, and Redevelopment of Superfund Sites
What was accomplished?
As part of the Task Force, EPA focused on providing direct support to communities interested in Superfund redevelopment
and ensuring communities have the information they need to plan for site redevelopment. Specific accomplishments
include the following:
Provided or continuing to provide technical assistance to more than 30 communities in all 10 EPA regions through
regional seed projects and ongoing regionally funded support. These regional seed projects provide EPA with
the opportunity for interactions with a wide range of stakeholders, including property owners, developers, local
government officials, state agencies, school districts, community groups, tribes, other federal agencies such as the
U.S. Department of Agriculture, development agencies, and other entities;
Developed technical reuse reports for stakeholders' use to highlight the reuse planning processes and outcomes site
specific technical assistance has facilitated;
Finalized a ready for reuse determination for one site, which communicated land use restrictions and other
institutional control information to stakeholders. Such information helps ensure sites are reused safely; also
developed or began developing draft ready for reuse determinations as potential tools for three sites;
Assembled a redevelopment team of EPA experts available to help advise businesses, developers, and stakeholders
when needed;
Conducted regular meetings of regional Superfund Redevelopment Initiative coordinators to discuss regional
redevelopment efforts; and
Supported Superfund Job Training Initiative projects at the Madison County Mines site in Region 7, the Colorado
Smelter site in Region 8, and the Fairfax St. Wood Treaters site in Region 4. In March 2018, 24 residents graduated
from the Madison County Mines program. During the initial phase of job placement, 18 graduates were placed into
positions. In September 2018,15 residents graduated from the Colorado Smelter program. As of March 2019, seven
graduates had been placed into positions on site. In March 2019,13 residents graduated from the Fairfax St. Wood
Treaters program. Eight graduates were hired by remedial contractors into positions on site.
How are the accomplishments integrated into the program?
EPA has integrated these accomplishments into routine Superfund Redevelopment Initiative activities. The activities
resulting from portions of this recommendation are consistent with the Superfund Redevelopment Initiative mission - to
ensure that effective processes and tools needed to return Superfund sites to productive use are available to stakeholders,
communities, developers, and property owners. EPA will continue to provide direct support to communities through
Acknowledgments
Madison Comity Mines
Superfund Job Training Initiative
SUPERFUND TASK FORCE FINAL REPORT
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technical assistance. Redevelopment experts and regional SRI coordinators will continue to provide support to EPA site
teams and stakeholders, as needed.
How will the accomplishments be sustained?
Superfund will continue to coordinate with Brownfields and other programs to support cross-program efforts where and
when appropriate. EPA will continue to provide direct support to communities interested in Superfund redevelopment and
to help ensure communities have the requisite site-specific redevelopment information.
Hidden Lane Superfund Site in Virginia
Once a waste disposal facility, the 30-acre Elidden Lane Superfund site is located between two neighborhoods with
access to the Potomac River. The abandoned landfill's reuse could provide
economic development opportunities, protect wetland areas, and connect
communities to an urban waterway. In April 2018, EPA's Superfund
Redevelopment Initiative and EPA Region 3 met with local stakeholders,
toured the site, and participated in a public meeting to gather comments
on the site's interim proposed plan, an EPA document detailing the site's
cleanup plan for the site.
Local government representatives noted that exploring redevelopment
options for the site aligns well with an update to the local comprehensive
plan now underway. The Superfund Redevelopment Initiative conducted
a reuse working session with key stakeholders in October 2018 to identify
residential and recreational reuse opportunities. A second reuse working
session was held in March 2019. A range of site reuse options were confirmed during the working session and
subsequently shared at an April 2019 public meeting. Over 50 people attended the meeting to review information
about the site's suitability for different types of future use and to provide feedback on use options most suitable
with the surrounding area. The Superfund Redevelopment Initiative and EPA Region 3 will continue to work with
the Virginia Department of Environmental Quality, Loudoun County, the community, and other stakeholders to
ensure redevelopment plans are suitable for the site.
RECOMMENDATION 39: Engage and Facilitate Public/Private Partnerships to Share Information and Resources and
Work Toward Advancing and Promoting the Revitalization of the Site.
What was accomplished?
As noted in Recommendation 38, in the past two years, EPA provided or continues to provide technical assistance to more
than 30 communities in all 10 EPA regions through regional seed projects and ongoing regionally funded support. These
regional seed projects provide EPA with the opportunity for interactions with a wide range of stakeholders, including
property owners, developers, local government officials, state agencies, school districts, community groups, tribes, other
federal agencies such as the U. S. Department of Agriculture, development agencies, and other entities.
How are the accomplishments integrated into the program?
EPA has integrated these accomplishments into routine Superfund Redevelopment Initiative activities. The activities
resulting from portions of this recommendation are consistent with the Superfund Redevelopment Initiative mission- to
ensure effective Superfund redevelopment processes and tools are available to stakeholders, communities, developers, and
property owners. EPA will continue to provide direct support to communities through technical assistance. Redevelopment
experts and regional Superfund Redevelopment Initiative coordinators will continue to support to EPA site teams and
stakeholders, as needed.
How will the accomplishments be sustained?
EPA has fully integrated this recommendation into its ongoing mission of helping communities realize their vision
for reusing Superfund sites. Building on the past two years of successfully supporting and promoting public/private
partnerships, we will continue to work with communities to provide updated site information, reuse assessments, reuse
planning support, and visioning workshops. We will continue to encourage the regions to identify sites where seed money
The April 2019 public meeting for the Hidden Lane
Superfund site in Sterling, Virginia.
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can help leverage additional funds to conduct reuse planning and assessments.
EPA will take the lessons learned from the Task Force to enhance incorporation of redevelopment into the cleanup process,
including increasing its focus on building partnerships with property owners, local government officials, state agencies,
school districts, community groups, other federal agencies, development agencies, and other entities.
EPA's Superfund Job Training Initiative Provides Skills and Opportunities for Jacksonville, Florida Residents
EPA's Superfund Job Training Initiative is a job-readiness program that provides training and employment
opportunities for people living in communities affected by Superfund
sites. EPA's goal is to help communities develop job opportunities and
partnerships that remain long after a Superfund site is cleaned up.
The Superfund Job Training Initiative provides area residents with the
technical skills and specialized training needed to work on a broad
range of projects in environmental remediation and construction, as
well as the cleanup of a Superfund site.
Community outreach for the Superfund Job Training Initiative
project at the Fairfax St. Wood Treaters Superfund site began
in December 2018. EPA worked with local partner Northwest Graduates of Superfund Job Training Initiative pose at the
Jacksonville Community Development «ratl"alio" <*re»'"»yin Jatksonville'
Corporation to advertise the project
in newspapers, on the radio, using social media, distributing fliers at area locations,
and email blasts. Twenty information sessions were held in the community providing
information on the program to interested applicants. After a rigorous screening
and recruitment process, 13 trainees were selected to participate in the program.
Once selected for the program, the trainees earned three certifications: (1) 40-hour
hazardous waste and emergency response, (2) cardiopulmonary resuscitation (CPR)/
first aid and (3) Occupational Safety and Health Administration 10-hour construction
safety. Participants also completed coursework in work-readiness training.
On March 6, 2019, the project's graduation ceremony was held at the Jacksonville
Public Library. EPA, site contractors, local partner Northwest Jacksonville Community
a graduate receives his certificate of Development Corporation, representatives of three elected officials, and friends and
completion tor Supertund Job Training
initiative from Region 4 Supertund family of the graduates attended the ceremony. Site contractors have hired eight
Division Director Franklin Hill. graduates of the program to work on site.
Rocky Flats Plant Superfund Site in Colorado
This site was home to one of 13 nuclear weapons production
facilities in the United States during the Cold War. Managed by
DOE, the plant was active from 1952 to 1994. Today, following a
$7 billion cleanup and thanks to partnership with DOE, Colorado
Department of Public Health and the Environment, and the U.S.
Fish and Wildlife Service, part of the site is now home to the Rocky
Flats National Wildlife Refuge. Established in 2007, the refuge is
managed by the U.S. Fish and Wildlife Service. The 5,237-acre area
has striking vistas of the Front Range of the Rocky Mountains and
rolling prairie grasslands, woodlands, and wetlands. It is home to
239 wildlife species, including prairie falcons, deer, elk, coyotes,
songbirds, and the federally threatened Preble's Meadow jumping
mouse. EPA Administrator Andrew Wheeler joined agency officials
to celebrate the opening of a new trail system at the refuge in September 2018.
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GOAL 5:
ENGAGING PARTNERS
AND STAKEHOLDERS
STRATEGY 1:
KEY STAKEHOLDER ENGAGEMENT
BACKGROUND: Making the Superfund process more efficient and promoting revitalization to gain long-term benefits
for impacted communities must necessarily include building stronger strategic partnerships with key stakeholders across
the Superfund process. Such strong partnerships will serve as the underpinnings of this plans other goals and the basis of
relationships going forward.
EPA will deploy an assortment of partnership building activities and engagement opportunities to increase the
collaboration with, and impact of, key partners and stakeholders.
RECOMMENDATION 40: Develop a Robust Communications Strategy to Identify and Target Key Stakeholders
What was accomplished?
EPA developed and released a "Partnership and Stakeholder Engagement Strategy"
to increase public participation and transparency at Superfund sites and to
strengthen EPA's partnerships and engagement with: states, tribal governments,
local governments, and regional authorities; environmental and community-based
organizations - including Environmental Justice; industry, contractors, and PRPs;
land development and banking associations; and other federal agencies.
To implement this strategy, EPA formed an internal stakeholder engagement team
to support public participation in the ongoing Task Force recommendations work.
The team developed and maintains a web page to inform the public, partners,
and stakeholders about the status and results of the Task Force recommendations,
including quarterly updates on the status of all recommendations. The Task Force
web page can be found at https://www.epa.gov/superfund/superfund-task-force.
The web page also features information about events and opportunities for public
participation, input, and comment on individual Task Force recommendation
activities. EPA also participated in and conducted a series of dialogues via meetings,
webinars, and workgroups to strengthen partnerships and engagement to implement the Task Force recommendations.
ECOS formed an ECOS-EPA Superfund Workgroup to work with EPA on implementing the Task Force recommendations.
The workgroup holds regular calls with EPA to discuss state comments on Task Force recommendations and provide state
input on implementation moving forward. EPA and ASTSWMO developed an approach for providing ongoing state input
and to provide regular updates on this work to the ECOS Superfund workgroup. EPA is working with the National Tribal
Caucus on a regular engagement process during implementation of the recommendations and moving forward in the
Superfund process.
In May and June 2018, EPA's Office of Enforcement and Compliance Assurance hosted nine listening sessions to solicit
public and stakeholder input related to specific recommendations and to report on the progress on activities related to the
recommendations. More than 680 persons registered to participate in the eight sessions, representing the legal community
(private attorneys and law schools); corporations and companies; state, municipal and tribal agencies; environmental and
Superfund
Superfund Task Force Public
Participation Opportunities
Upcoming Webinars
Settlement Agreements
Photo of EPA's Superfund Task Force Public
Participation Opportunities web page linked at
https://www.epa.gov/superfixnd/superfund-task-
force-public-participation-opportunities
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other non-profit groups including environmental justice organizations; and public citizens. The listening sessions were part
of the Agency's efforts to increase public participation and transparency and strengthen communication with stakeholders.
The sessions were well received by external stakeholders. During the public remarks section of the sessions, the participants
thanked the Agency repeatedly for the opportunity to participate, be part of the process, and provide remarks. Recordings
of the listening session can be accessed at: https://www.epa.gov/enforcement/listening-sessions-superfund-task-force-
recommendations.
Through the Task Force, EPA has increased its efforts to directly engage communities and stakeholders at Superfund
sites. In the first year of the Task Force, senior EPA leaders visited over 40 sites and met with community leaders, local
governments, and concerned stakeholders to better understand their issues and options for site cleanup and reuse. EPA
senior leaders have also regularly and formally met with stakeholders to discuss the Task Force work and the future of
the Superfund Program. For example, on January 24, 2018, they met with representatives from the Center for Health,
Environment, and Justice; Texas Environmental Justice Advocacy Service; Texas Campaign for the Environment;
Headwater Defense; Local Environmental Action Demanded; Jesus People Against Pollution; United Neighbors Concerned
About GE Dewey Loeffel Landfill; Hoosick Falls Support Network; POWER Action Group; Texas Health and Environment
Alliance; and San Jacinto River Coalition.
This direct stakeholder engagement with EPA senior leadership and program staff is critical to EPA's mission of protecting
human health and the environment around Superfund sites now and over the long-term. Since the inception of the Task
Force in 2017 to the third quarter of FY 2019, the Superfund Program has accomplished a number of ongoing outreach
activities to engage communities near Superfund sites:
Held or participated in more than 2,140 public meetings
Conducted or participated in more than 4,025 in-person meetings or interviews
Distributed more than 1,250 factsheets, mailings, postcards, ads, or newsletters that reached more than 200,000
people living near Superfund sites
This critical, comprehensive, senior management-to-site management level engagement with affected communities and
stakeholders continued and now serves as a standard for EPA efforts throughout the Superfund Program.
EPA refined the goal of Recommendation 40 in 2018 to focus on improving risk communication with communities and
stakeholders at Superfund sites, particularly at locations where waste has been left in place and the site requires long-
term operation and maintenance and institutional controls (Long-Term Stewardship) (See BoRit Asbestos Superfund Site
Case Study). EPA has initially focused risk communication evaluations at long-term stewardship sites but expects that
the evaluation findings and lessons learned will be directly applicable to all phases of the Superfund cleanup process. By
promoting clear and effective risk communications throughout the remedial process, EPA can help communities develop a
shared vision for reuse of the site and potentially speed up the cleanup process.
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BoRit Asbestos Superfund Site in Pennsylvania
The BoRit Asbestos Superfund site is a legacy of the once robust
asbestos manufacturing industry in Ambler, PA. Additionally the
nearby Ambler Asbestos Superfund site holds legacies of its own,
including stories of children sliding down its "white mountains"
before it became a Superfund site. In comparison, the BoRit site
appeared less dramatic, overgrown with vegetation and surrounded
by beautiful waterways. But a closer look showed exposed asbestos
waste on the site and along the streambanks. A playground sat atop
one portion of the site and had to be closed. The houses just across
the street would be of most concern for potential exposure. People
became concerned about the safety of their community and if the
asbestos was going to harm them.
Today, the asbestos waste is capped and the site is ready to be used for recreational or other non-residential
purposes. The reservoir portion of the site is currently used as a waterfowl preserve, and the former playground
area is expected to become a community park. The asbestos waste portion of the site has been planted with native
vegetation to encourage ecological revitalization. The transformation at the site was not only an engineering
success but also an example of how the EPA site team worked with the community to understand their concerns
and design risk communication strategies to address their specific needs.
The gateway for EPA's risk communication and community involvement activities was the BoRit Community
Advisory Group (CAG). Established in 2007, the CAG played an instrumental role in identifying community
concerns and disseminating information. Through the CAG, the EPA site team provided neutral facilitation
expertise and specialized technical assistance that helped the community understand and comment on EPA's work.
Other activities such as open houses, site tours, and community cleanup days were fun and easy ways to get the
community involved and helped to build trust. Although the Superfund remedy is now in place, EPA's engagement
with the community has only just begun: to build and maintain long-term relationships with local officials and key
community members; check and plan for any changing conditions in the community and the site over time; and
ensure that the community knows who to contact with questions and concerns.
To accomplish this refined goal, EPA formed an internal team of staff experts and senior leadership (Long-Term
Stewardship Risk Communication Team) and charged them to:
Identify processes, tools, and training for risk communication at long-term stewardship sites that should be
enhanced or more effectively used.
Conduct extensive stakeholder and regulatory partner listening sessions to identify needs, gaps, and
weaknesses in risk communications at Superfund sites.
Develop an action plan and measures for improving risk communication in FY2020
The Team held over twenty meetings with stakeholder groups, advisory committees, regulatory partners, and internal
EPA staff groups to listen and get input on: sites and situations that pose significant risk communication challenges; best
practices and examples of successful risk communication strategies; and training and technical assistance gaps.
The Team then considered the input from the stakeholder/partner meetings and developed a Superfund Risk
Communication Improvement Plan for implementation in FY2020.
Elements of the plan include:
Evaluate and measure level of community understanding of EPA risk communications at priority, post-
construction long-term stewardship sites
Develop and test communication approaches and tools at the priority sites
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~ Evaluate how new approaches and tools can be applied early in the Superfund cleanup process
~ Continue a national dialogue on improving risk communication at Superfund sites and build and strengthen
partnerships to improve risk communication
How will the accomplishments be integrated into the program?
In FY20, EPA will implement the Superfund Risk Communication Improvement Plan. Lessons learned from this effort will
be applied across the life-cycle of the Superfund cleanup process.
How will the accomplishments be sustained?
New measures of improvement developed through this plan will be tracked and reported out starting in FY21.
RECOMMENDATION 41: For Federal Facility Sites, Collaborate with Other Federal Agencies to Solicit Their Views
on How EPA Can Better Engage Federal Agencies
What was accomplished?
EPA has enhanced its engagement with other federal agencies and states through a multi-step process. First, to examine
what was working well, EPA compiled a baseline list of the ways it engages with other federal agencies and states at both the
headquarters and Regional levels. Next, EPA incorporated feedback received on this effort and shared the feedback with
states and other federal agencies. Finally, EPA prepared and piloted a headquarters-to-headquarters engagement plan with
DOD and requested ideas to further refine the plan.
How are the accomplishments integrated into the program?
EPA has regularly-scheduled meetings with other federal agencies and states and has improved these meetings in terms
of focus, purpose, and construction through this recommendation. For example, EPA used executive level meetings with
DOD and the military components (e.g., Army, Navy, Air Force, and Defense Logistics Agency) to target and resolve
critical programmatic issues and site-specific issues at sites like Picatinny Army Arsenal Superfund Site in New Jersey and
Hill Air Force Base Superfund Site in Utah. EPA Headquarters staff also participated in regional engagement meetings with
states and other federal agencies to discuss national program issues.
How will the accomplishments be sustained?
EPA will continue to seek ways to improve its engagement with other federal agencies and states, emphasizing protective
cleanups and recognizing site reuse opportunities and successes. EPA, other federal agencies, and states have committed
to continuing early meeting planning and focusing on issues with a problem-solving and action-oriented approach. EPA
has invited parties to hold one another accountable to these goals. In addition, EPA will continue to identify best practices
and focused engagement opportunities at a national level through organizations like ASTSWMO and ECOS, as well as at a
Regional level, through tools like tiered partnering with states and other federal agencies.
RECOMMENDATION 42: Use a Federal Advisory Committee to Work with a Broad Array of Stakeholders to Identify
Barriers and Opportunities Related to Cleanup and Reuse of Superfund Sites
What was accomplished?
The National Environmental Justice Advisory Council (NEJAC) was selected to deliver recommendations in response to
Recommendation 42. The Office of Environmental Justice worked with the Office of Land and Emergency Management
and NEJAC members to develop the charge for Recommendation 42 in two phases: (1) establish the NEJAC Superfund
working group and (2) propose guiding principles and recommendations for the final Task Force report.
In establishing the NEJAC Superfund working group, the Office of Environmental Justice worked with NEJAC leadership
to develop a diverse array of contamination, remediation, and revitalization experts from across the country representing
different levels of government, business and industry, academia, non-profits, and impacted communities. The purpose
of the working group was to first provide recommendations for the Task Force final report and second, to provide
recommendations on community engagement, integration of remediation and reuse, and risk communication at Superfund
sites. A face-to-face meeting of the working group was convened on April 29, 2019. This meeting built upon a series of
regular subcommittee meetings in which proposed guiding principles and recommendations were developed.
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Proposed guiding principles developed by the working group include: proposed working group recommendations should
link to potential actions; the Superfund Program should recognize that impacted communities often have unique concerns;
development of trust, adaptation of tools, equitability of engagement and assistance, and clear communication about the
Superfund process should all be considered when EPA is working with impacted communities; community enduse goals
should be considered from the earliest stages of the process; and Superfund should enable impacted communities to plan
for site reuse and community revitalization during the site remediation process.
From the proposed guiding principles, the working group developed a series of draft recommendations. Some examples
include: expand Superfund's role beyond cleanup to community asset creation; increase grant resources for reuse planning
assistance and community engagement; and expand use of health impact assessments as a planning tool.
How are the accomplishments integrated into the program?
The working group recognized the vital importance of taking prompt action to inform the final Task Force Report and
provided recommendations for consideration of Office of Land and Emergency Management and EPA leadership. It
also recognized the importance of a longer deliberative process to be completed during the second phase of its work. A
major focus of the working group continues to be the development of a case study repository, which would include case
examples for Superfund risk communication and community engagement. Another major focus will be the identification
of additional resources from across government, private sector, and philanthropy that can advance community
revitalization through contaminated site remediation and redevelopment. Finally, the working group will consider whether
additional issues related to clean-up and redevelopment of Superfund and other sites should be evaluated for potential
recommendations (e.g., legacy contamination, disposal of contaminated materials, emerging contaminants). To inform
its analysis during the second phase, the working group will coordinate with EPA to conduct site visits, engage additional
technical and community experts, convene dialogues, and take other action.
How will the accomplishments be sustained?
The working group will continue to develop recommendations in accordance with EPA's charge through a series of
mechanisms. Contaminated site remediation and redevelopment will be included as a standing item at NEJAC meetings.
The Office of Environmental Justice will continue to engage with the Office of Land and Emergency Management's on
the implementation of the Superfund Risk Communication Improvement Plan and relevant Task Force performance
measures. The working group will observe implementation of Task Force recommendations, conduct site visits, and adapt
its recommendations during the second and ongoing phase of its work. The Offices of Environmental Justice and Land and
Emergency Management will also engage with NEJAC at a future in-person meeting after completion of the second phase
of work to discuss potential implementation of NEJACs recommendations.
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Lacoochee Brownfield Site in Florida
The redevelopment of a brownfield site in rural,
unincorporated Northeastern Pasco County, Florida
produced environmental, health, and economic benefits
for the community of Lacoochee. This clean-up and
redevelopment effort serves as a useful example of the
NEJAC Superfund working group's recommendations for
the Superfund Program.
The Lacoochee brownfield site was a former dump that
contained elevated polycyclic aromatic hydrocarbons and
arsenic in the soil. In 2011, EPA awarded Pasco County
a brownfields assessment coalition grant and in 2015, a
cleanup grant. A Phase I Environmental Site Assessment
Investigation revealed much of the site was used historically
as a borrow pit, with evidence that excavated areas were
backfilled with undocumented materials. A Phase II
Environmental Site Assessment identified and characterized
additional areas of potential buried debris. Dozens of
Phase I and Phase II environmental site assessments were
conducted at brownfields within the coalition partners'
target areas from 2011 to 2014. With EPA's cleanup grant,
Pasco County excavated and removed contaminated soils
to 4 feet below land surface and replaced it with clean soil.
Given that EPA brownfields grant recipients work closely
with state environmental agencies, the Florida Department
of Environmental Protection provided concurrence that the cleanup was complete with institutional controls. In
this case, a restrictive covenant will ensure that the future use of the site is limited to a park or recreational uses.
Speaker of the House, Mr. Will Weatherford, County Commissioner
Ted Shrader, US Senator Bill Nelson, Billy E. Brown, CEO,
Withlacoochee River Electric Cooperative, Ms. Wansley Walters,
Secretary of the Florida Department of Juvenile Justice, State Senator
Wilton Simpson
A health impact assessment was deployed to leverage the brownfields grant to develop cleanup plans, conduct
public health monitoring, and support community outreach activities. The funding also served to stimulate the
cleanup and redevelopment of abandoned and underused sites along regional transportation corridors. The
effort resulted in a fully functional, multi-purpose community center which now serves as a community hub
for the neighborhood. The 16,000-square-foot center includes a community health center, a Boys & Girls club, a
gymnasium with retractable bleachers and indoor basketball court, a Pasco County Sheriff's substation, a library,
computer lab and space for job training, a stage for school plays and events, and an industrial kitchen-dining
area-concession stand. The community center thus provides access to employment opportunities, social services,
recreation, after school/summer programs, at risk youth intervention, and medical services to an area that has
been historically underserved. The new community center and parking lot also serve as an engineering control for
minor arsenic impacts beneath the area.
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Abbreviations
Applicable or Relevant and Appropriate Requirements
ARAR(s)
Association of State and Territorial Solid Waste Management Officials
ASTSWMO
Comprehensive Environmental Response, Compensation, and Liability Act
CERCLA
Clean Water Act
CWA
Department of Defense
DOD
Department of Energy
DOE
Department of Justice
DOJ
Environmental Council of the States
ECOS
Environmental Protection Agency
EPA
Fiscal Year
FY
Geographic Information System
GIS
Memorandum of Understanding
MOU
National Environmental Justice Advisory Council
NEJAC
National Priorities List
NPL
Potentially Responsible Party(ies)
PRP(s)
Remedial Acquisition Framework
RAF
Remedial Action
RA
Remedial Design
RD
Remedial Investigation/Feasibility Study
RI/FS
Record of Decision
ROD
Superfund Alternative Approach
SAA
Superfund Enterprise Management System
SEMS
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