The Comprehensive Environmental Response, Compensation, and Liability Act CERCLA

1. CERCLA 1 The ComprehensiveEnvironmental Response,Compensation, andLiability Act (CERCLA) Overview of Presentation First: Provide broad overview of: - Scope of CERCLA authority - Liability system adopted - Department of Energy responsibilities Second: Focus on key �triggers� or conditions that define CERCLA Third: Examine in detail the CERCLA �Response Action Process� which includes: - Site evaluation requirements - Removal action requirements, and - Remedial action requirements Finally, we will discuss some of the principle enforcement tools available at CERCLA sites Overview of Presentation First: Provide broad overview of: - Scope of CERCLA authority - Liability system adopted - Department of Energy responsibilities Second: Focus on key �triggers� or conditions that define CERCLA Third: Examine in detail the CERCLA �Response Action Process� which includes: - Site evaluation requirements - Removal action requirements, and - Remedial action requirements Finally, we will discuss some of the principle enforcement tools available at CERCLA sites

2. CERCLA 2 Objectives Terminal Objective Given the Environmental Laws and Regulations course manual as a reference, you will be able to: Explain the primary components of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and how they impact the DOE.

3. CERCLA 3 Objectives Enabling Objectives Define a hazardous substance under CERCLA. State the purpose of the National Oil and Hazardous Substances Pollution Contingency Plan. Determine when a hazardous substance release is subject to CERCLA reporting requirements.

4. CERCLA 4 Objectives Enabling Objectives (continued) State the objectives of the National Priorities List and Hazard Ranking System. Explain the difference between deletion and deferral when referring to site listings on EPA's National Priorities List Convey how CERCLA affects the DOE.

5. CERCLA 5 Objectives Enabling Objectives (continued) Describe EPA's policy on the use of Monitored Natural Attenuation at Superfund, RCRA Corrective Action, and Underground Storage Tank Sites. Explain the difference between removal actions and remedial actions

6. CERCLA 6 Overview In 1980, Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as �Superfund,� to respond to the national concern that uncontrolled releases of hazardous substances threatened public health and finite natural resources. Fundamental purpose of CERCLA - Provide Federal Government authority to address risks and potential risks to human health and the environment posed by uncontrolled hazardous substance sites in the environment - Initial focus of the program was on abandoned or inactive sites - Program has expanded to include active sites - CERCLA authority is a very broad comprehensive law to provide for response and liabilityFundamental purpose of CERCLA - Provide Federal Government authority to address risks and potential risks to human health and the environment posed by uncontrolled hazardous substance sites in the environment - Initial focus of the program was on abandoned or inactive sites - Program has expanded to include active sites - CERCLA authority is a very broad comprehensive law to provide for response and liability

7. CERCLA 7 Scope of CERCLA Authority CERCLA�s authority is triggered by: A �release,� or A �substantial threat of a release� of a hazardous substance into the environment - CERCLA authority (i.e., Federal Government authority) is provided whenever three conditions are met: 1) �release� or substantial threat of release of 2) �hazardous substance� into 3) the environment at or from a facility - Also, a release or threat of a release of a pollutant or contaminant posing an imminent or substantial threat to human health and the environment The specific definitions of release, hazardous substance, and �into the environment� are the key triggers for CERCLA authority. We will look into these definitions thoroughly.- CERCLA authority (i.e., Federal Government authority) is provided whenever three conditions are met: 1) �release� or substantial threat of release of 2) �hazardous substance� into 3) the environment at or from a facility - Also, a release or threat of a release of a pollutant or contaminant posing an imminent or substantial threat to human health and the environment The specific definitions of release, hazardous substance, and �into the environment� are the key triggers for CERCLA authority. We will look into these definitions thoroughly.

8. CERCLA 8 Scope of CERCLA Authority The CERCLA cleanup fund, known as the Hazardous Substance Response Trust Fund (Superfund), is financed through: A special tax on the chemical and petroleum industries General revenues Costs recovered Interest earned - Although CERCLA is commonly known as �Superfund,� this term is misleading - There is a fund created by CERCLA, which to date has collected more than $8 billion - This fund or Superfund money is to be used to respond where a �responsible party� is: - Unknown - Unable to respond (possibly bankrupt) - Unwilling to respond - This program and use of the fund is administered by the EPA; however, authority of CERCLA is not limited to situations where Fund money is spent - Although CERCLA is commonly known as �Superfund,� this term is misleading - There is a fund created by CERCLA, which to date has collected more than $8 billion - This fund or Superfund money is to be used to respond where a �responsible party� is: - Unknown - Unable to respond (possibly bankrupt) - Unwilling to respond - This program and use of the fund is administered by the EPA; however, authority of CERCLA is not limited to situations where Fund money is spent

9. CERCLA 9 Liability for Costs of Response Certain categories of persons (known as �potentially responsible parties� or PRPs) are �strictly� and �jointly and severally� liable for all costs of response. - Certain categories of �persons� are defined under CERCLA as PRPs or �Potentially Responsible Parties� - The term �potentially� is somewhat misleading because, only with limited exemptions, any person or party that meets or fits into a PRP category is considered a responsible party - Reason: CERCLA liability scheme is not based on fault, intent, or negligence--liability is strict - Additionally: A PRP may be held liable for all costs of response even where they were only responsible for a small portion of waste at the site --joint and several liability - Certain categories of �persons� are defined under CERCLA as PRPs or �Potentially Responsible Parties� - The term �potentially� is somewhat misleading because, only with limited exemptions, any person or party that meets or fits into a PRP category is considered a responsible party - Reason: CERCLA liability scheme is not based on fault, intent, or negligence--liability is strict - Additionally: A PRP may be held liable for all costs of response even where they were only responsible for a small portion of waste at the site --joint and several liability

10. CERCLA 10 CERCLA and DOE CERCLA Section 120 addresses Federal facilities, which are defined as: Contiguous land owned by a Federal department or agency Individual sites or units on such land Section 120 of CERCLA was added by SARA (not as separate legislation, only as an amendment) - Waives traditional immunity of Federal Government form fines, penalties, and enforcement powers - Requires Federal Government compliance in same manner and extent as required of private or non-Government parties - Established additional specific requirements for Federal facilities (such as Interagency Agreements, and creation of Docket) - Some EM installations may include many CERCLA �facilities� and even more operable units *Addtionally, the definition of a facility can range from an entire contiguous area to a single building, pit, pond, unit, lagoon, or pipe Section 120 of CERCLA was added by SARA (not as separate legislation, only as an amendment) - Waives traditional immunity of Federal Government form fines, penalties, and enforcement powers - Requires Federal Government compliance in same manner and extent as required of private or non-Government parties - Established additional specific requirements for Federal facilities (such as Interagency Agreements, and creation of Docket) - Some EM installations may include many CERCLA �facilities� and even more operable units *Addtionally, the definition of a facility can range from an entire contiguous area to a single building, pit, pond, unit, lagoon, or pipe

11. CERCLA 11 DOE Liability The DOE may be a PRP: As the owner or operator of a �facility� where a release has occurred As a generator of substances transported offsite to another facility where a release has occurred - Since Section 120 stipulates that Federal agencies are subject to CERCLA liability in the same manner and extent as private parties, DOE may be a PRP - Four distinct circumstances define categories of PRPs 1) Current owner/operator of a facility 2) Any person who at the time the hazardous substance was disposed, owned, or operated the facility 3) As the transporter of a hazardous substance, or 4) As a party who arranged for transport or disposal of hazardous substanced owned or possessed by such party - Since Section 120 stipulates that Federal agencies are subject to CERCLA liability in the same manner and extent as private parties, DOE may be a PRP - Four distinct circumstances define categories of PRPs 1) Current owner/operator of a facility 2) Any person who at the time the hazardous substance was disposed, owned, or operated the facility 3) As the transporter of a hazardous substance, or 4) As a party who arranged for transport or disposal of hazardous substanced owned or possessed by such party

12. CERCLA 12 CERCLA Releases Spilling Leaking Pumping Pouring Emitting Discharging Injecting Escaping Leaching Dumping Disposing Emptying The next four slides highlight the applicability and scope of CERCLA authority. - First and foremost, to trigger CERCLA response, there must be a �release� or a �substantial threat� of a release into the environment, which includes: - Abandoned or leaking barrels of hazardous waste - Leaking or potentially leaking landfill or tank - Spills of commercial chemical products The next four slides highlight the applicability and scope of CERCLA authority. - First and foremost, to trigger CERCLA response, there must be a �release� or a �substantial threat� of a release into the environment, which includes: - Abandoned or leaking barrels of hazardous waste - Leaking or potentially leaking landfill or tank - Spills of commercial chemical products

13. CERCLA 13 CERCLA Releases The CERCLA release definition excludes any: Releases solely within a workplace Emissions from motor vehicles Releases of source, byproduct, or special nuclear material from a �nuclear incident� or from a processing site regulated by UMTRCA Although these exclusions seem potentially to be very broad, in practive for EM purposes, they really are not: - Workplace release exclusion applicable only with respect to claims that an employee might assert against an employer - Nuclear material release exclusion applies specifically to certain types of releases from commercial nuclear reactors that are addressed by the Atomic Energy Act (in particular, Price Anderson Act) - Federally permitted releases are excluded and include anything authorized by permit or license such as: - CWA National Pollutant Discharge Elimination System (NPDES) permit - NRC license - CAA permitAlthough these exclusions seem potentially to be very broad, in practive for EM purposes, they really are not: - Workplace release exclusion applicable only with respect to claims that an employee might assert against an employer - Nuclear material release exclusion applies specifically to certain types of releases from commercial nuclear reactors that are addressed by the Atomic Energy Act (in particular, Price Anderson Act) - Federally permitted releases are excluded and include anything authorized by permit or license such as: - CWA National Pollutant Discharge Elimination System (NPDES) permit - NRC license - CAA permit

14. CERCLA 14 CERCLA Hazardous Substances A CERCLA hazardous substance includes substances regulated under the: Resource Conservation and Recovery Act (RCRA) Clean Water Act (CWA) Toxic Substances Control Act (TSCA) Clean Air Act (CAA) - CERCLA hazardous substances are listed in the Code of Federal Regulations at 40 CFR Part 302 - The list is a compilation of substances regulated under other acts, it is very comprehensive and includes: - Hazardous wastes regulated under RCRA - Toxic pollutants and criteria pollutants regulated by CWA - Hazardous air pollutants regulated under CAA - List also includes long list of radionuclides (not regulated by RCRA) - This term specifically excludes petroleum- CERCLA hazardous substances are listed in the Code of Federal Regulations at 40 CFR Part 302 - The list is a compilation of substances regulated under other acts, it is very comprehensive and includes: - Hazardous wastes regulated under RCRA - Toxic pollutants and criteria pollutants regulated by CWA - Hazardous air pollutants regulated under CAA - List also includes long list of radionuclides (not regulated by RCRA) - This term specifically excludes petroleum

15. CERCLA 15 The National Contingency Plan (NCP) The NCP (40 CFR Part 300): Provides the detailed blueprint for implementing CERCLA requirements Establishes legal requirements enforceable by the EPA - DOE Order 5400.4 establishes departmental policy to respond to releases in accordance with the NCP - Contains step-by-step process for responding to releases of hazardous substances - Outlines procedures and requirements for: - Site evaluation - Removal action evaluation and implementation - Remedial action evaluation, selection, and implementation - Public participation - Creation and management of administrative record We will go over each phase of response process next. - DOE Order 5400.4 establishes departmental policy to respond to releases in accordance with the NCP - Contains step-by-step process for responding to releases of hazardous substances - Outlines procedures and requirements for: - Site evaluation - Removal action evaluation and implementation - Remedial action evaluation, selection, and implementation - Public participation - Creation and management of administrative record We will go over each phase of response process next.

16. CERCLA 16 The National Contingency Plan (NCP) Key components of the CERCLA Process outlined in the NCP include: Site discovery Site reporting Site assessment Removal Actions Remedial Actions - This slide provides an overview of the basic components of the response action process, most of which are outlined in detail in Subpart E of the NCP - First three components: - Site evaluation - Removal actions - Remedial actions are the basic actions, phases, and onsite activities for which DOE is responsible - The next two components are integrated or conducted concurrently with site evaluation, removal, and remedial activities and are requirements for which DOE is responsible - Lastly, touch on some of the enforcement tools available to the EPA, States, and citizent to ensure DOE compliance - This slide provides an overview of the basic components of the response action process, most of which are outlined in detail in Subpart E of the NCP - First three components: - Site evaluation - Removal actions - Remedial actions are the basic actions, phases, and onsite activities for which DOE is responsible - The next two components are integrated or conducted concurrently with site evaluation, removal, and remedial activities and are requirements for which DOE is responsible - Lastly, touch on some of the enforcement tools available to the EPA, States, and citizent to ensure DOE compliance

17. CERCLA 17 The Response Action Process A site evaluation is comprised of several primary steps: Site discovery/reporting Preliminary assessment (PA) Site inspection (SI) Hazardous ranking system (HRS) scoring National Priorities List (NPL) listing - Site evaluation or site assessment is the initial phase of the response process - Can be understood as involving these five fundamental steps, which we will discuss in turn - Purpose of evaluation: - Determine if threat to human health or the environment may exist - Begin to develop preliminary data needed to assess appropriateness of response action (either removal or remedial) - Site evaluation or site assessment is the initial phase of the response process - Can be understood as involving these five fundamental steps, which we will discuss in turn - Purpose of evaluation: - Determine if threat to human health or the environment may exist - Begin to develop preliminary data needed to assess appropriateness of response action (either removal or remedial)

18. CERCLA 18 The Response Action Process Remedial Investigation/Feasibility Study (RI/FS) Record of Decision (ROD) Remedial Design/Remedial Action (RD/RA)

19. CERCLA 19 Site Discovery/Reporting Reporting requirements are triggered by knowledge of a hazardous substance release exceeding �reportable quantities.� Officials: Must immediately notify the National Response Center (NRC) Who fail to provide proper notice of a release can be fined and imprisoned - Main point: - The duty to report is immediate - If you do not report a release you can be subject to enforcement with criminal sanctions of 3-5 years - Other methods of discovery, beyond reporting include: - Citizen complaints - State programs - Local programs - At this point in the process, a site is entered into the CERCLA Information System or CERCLIS, which is a national database that keeps an inventory of all CERCLA sites and progress toward cleanup. - Once in CERCLIS, must determine potential risk to human health and the environment based on factors such as: - Type of substances - Extent of contamination - Potential exposure pathways - First phase of this determination is known as preliminary assessment - Main point: - The duty to report is immediate - If you do not report a release you can be subject to enforcement with criminal sanctions of 3-5 years - Other methods of discovery, beyond reporting include: - Citizen complaints - State programs - Local programs - At this point in the process, a site is entered into the CERCLA Information System or CERCLIS, which is a national database that keeps an inventory of all CERCLA sites and progress toward cleanup. - Once in CERCLIS, must determine potential risk to human health and the environment based on factors such as: - Type of substances - Extent of contamination - Potential exposure pathways - First phase of this determination is known as preliminary assessment

20. CERCLA 20 Preliminary Assessments The four primary goals of a PA are to: Determine if further action is required Compile existing information to support development of a HRS score Identify sites that require immediate response Set priorities for SI - All Federal agencies that have reported releases to NRC will be placed in the �Federal Agency Hazardous Waste Compliance Docket� and must therefore undergo a PA - Several of a PA, but the main goal is to evaluate existing site-specific data to determine whether site merits further action under program. - Extensive data collection efforts are used to prepare a preliminary ranking of priority or a preliminary HRS score (known as PRE-SCORE). Look at data from: - Site files - State records - Topographic maps - Personnel interviews - All of the information is used to make a determination regarding whether the site: - Will continue in response process (remedial) - Requires more immediate action (removal) - No response - If the determination is made that no further action is necessary, - A site evaluation accomplished (SEA) is documented in CERCLIS, to show that the location is not a potential NPL site - SEA may also document that the site is not a potential NPL site, but further action is required or appropriate on a state level. The site may also be deferred to another authority such as: - RCRA corrective action program - NRC corrective action program - All Federal agencies that have reported releases to NRC will be placed in the �Federal Agency Hazardous Waste Compliance Docket� and must therefore undergo a PA - Several of a PA, but the main goal is to evaluate existing site-specific data to determine whether site merits further action under program. - Extensive data collection efforts are used to prepare a preliminary ranking of priority or a preliminary HRS score (known as PRE-SCORE). Look at data from: - Site files - State records - Topographic maps - Personnel interviews - All of the information is used to make a determination regarding whether the site: - Will continue in response process (remedial) - Requires more immediate action (removal) - No response - If the determination is made that no further action is necessary, - A site evaluation accomplished (SEA) is documented in CERCLIS, to show that the location is not a potential NPL site - SEA may also document that the site is not a potential NPL site, but further action is required or appropriate on a state level. The site may also be deferred to another authority such as: - RCRA corrective action program - NRC corrective action program

21. CERCLA 21 Preliminary Assessments Typically performed in two phases: Phase I is a record check to investigate post use & history of site Phase II consists of a site visit and is usually intrusive in nature. - SI involves a more extensive analysis of the site, building on PA data to generate information to score site using HRS. - SI includes a series of sample collection activities to quantify: - Types of hazardous substances at site - How much of the substances were released - Potential targets which are contaminated (persons, ecosystems) - Primary objective of SI is to collect information to rank the site�s hazard potential using HRS. - SI is usually conducted in 2 stages, both involving sample collection - Focused - averages 15-20 samples, if not enough for HPS - Expanded - average of 25-35 samples; may include - Installation of G.W. Mont. wells - Geophysical surveys - Depending on the breakdown of a site, PA/SI can be conducted for individual operable units or the entire site.- SI involves a more extensive analysis of the site, building on PA data to generate information to score site using HRS. - SI includes a series of sample collection activities to quantify: - Types of hazardous substances at site - How much of the substances were released - Potential targets which are contaminated (persons, ecosystems) - Primary objective of SI is to collect information to rank the site�s hazard potential using HRS. - SI is usually conducted in 2 stages, both involving sample collection - Focused - averages 15-20 samples, if not enough for HPS - Expanded - average of 25-35 samples; may include - Installation of G.W. Mont. wells - Geophysical surveys - Depending on the breakdown of a site, PA/SI can be conducted for individual operable units or the entire site.

22. CERCLA 22 Site Inspection If a PA indicates that a release may threaten human health or the environment but does not pose an immediate threat, the NCP stipulates that a more extensive study, the SI, should be performed. - SI involves a more extensive analysis of the site, building on PA data to generate information to score site using HRS. - SI includes a series of sample collection activities to quantify: - Types of hazardous substances at site - How much of the substances were released - Potential targets which are contaminated (persons, ecosystems) - Primary objective of SI is to collect information to rank the site�s hazard potential using HRS. - SI is usually conducted in 2 stages, both involving sample collection - Focused - averages 15-20 samples, if not enough for HPS - Expanded - average of 25-35 samples; may include - Installation of G.W. Mont. wells - Geophysical surveys - Depending on the breakdown of a site, PA/SI can be conducted for individual operable units or the entire site.- SI involves a more extensive analysis of the site, building on PA data to generate information to score site using HRS. - SI includes a series of sample collection activities to quantify: - Types of hazardous substances at site - How much of the substances were released - Potential targets which are contaminated (persons, ecosystems) - Primary objective of SI is to collect information to rank the site�s hazard potential using HRS. - SI is usually conducted in 2 stages, both involving sample collection - Focused - averages 15-20 samples, if not enough for HPS - Expanded - average of 25-35 samples; may include - Installation of G.W. Mont. wells - Geophysical surveys - Depending on the breakdown of a site, PA/SI can be conducted for individual operable units or the entire site.

23. CERCLA 23 Hazard Ranking System Based on the information gathered from the PA/SI, a HRS score is developed to: Calculate the relative risks to public health and the environment posed by the facility Determine eligibility for the NPL - HRS scoring process evaluates: - Potential population at risk - Potential for drinking water contamination - Any potential for direct human exposure - Potential impacts on ecosystems, wildlife, sensitive populations - HRS looks at 4 pathways of concern 1) surface water 2) groundwater 3) air 4) soil by applying a complex mathematical method - It is important to know that HRS is a screening tool only. It is not a risk assessment. HRS is used to evaluate a site�s eligibility for NPL, NOT its priority for response.- HRS scoring process evaluates: - Potential population at risk - Potential for drinking water contamination - Any potential for direct human exposure - Potential impacts on ecosystems, wildlife, sensitive populations - HRS looks at 4 pathways of concern 1) surface water 2) groundwater 3) air 4) soil by applying a complex mathematical method - It is important to know that HRS is a screening tool only. It is not a risk assessment. HRS is used to evaluate a site�s eligibility for NPL, NOT its priority for response.

24. CERCLA 24 Removal Actions Removal actions are short-term actions, including: Restricting public access Removal and disposal of leakingbarrels Excavation of highly contaminated soils Removal actions are short-term actions to - Stabilize or cleanup an emergency incident - Stabilize or cleanup a site which poses a threat to HH or E. Removals are different and distinct from remedial actions. - Implemented quickly, less analysis of alternative and expedited decision making - Selection of removal action is not subject to EPA approval, because authority is conferred by EO 12580 The current EPA trend is toward removal actions. The Superfund Reauthorization Act, a bill in Congress, presents this trend.Removal actions are short-term actions to - Stabilize or cleanup an emergency incident - Stabilize or cleanup a site which poses a threat to HH or E. Removals are different and distinct from remedial actions. - Implemented quickly, less analysis of alternative and expedited decision making - Selection of removal action is not subject to EPA approval, because authority is conferred by EO 12580 The current EPA trend is toward removal actions. The Superfund Reauthorization Act, a bill in Congress, presents this trend.

25. CERCLA 25 Removal Actions CERCLA removal actions include: Emergency Removal Actions Time-Critical Removal Actions Nontime-Critical Removal Actions There are three categories of removal actions defined by the urgency of the situation. 1) Emergency actions are taken within hours of the determination that removal is appropriate 2) Time critical actions are initiated within 6 months. 3) Non-Time critical actions are initiated after a planning period of more than 6 months. The distinction between non-time critical and remedial is hard to define. Removal actions can take place at any time during a response, whether a site is on NPL or not and whether or not a remedial action is also initiated. Key point to remember: Quick response is crucial to mitigate imminent threatsThere are three categories of removal actions defined by the urgency of the situation. 1) Emergency actions are taken within hours of the determination that removal is appropriate 2) Time critical actions are initiated within 6 months. 3) Non-Time critical actions are initiated after a planning period of more than 6 months. The distinction between non-time critical and remedial is hard to define. Removal actions can take place at any time during a response, whether a site is on NPL or not and whether or not a remedial action is also initiated. Key point to remember: Quick response is crucial to mitigate imminent threats

26. CERCLA 26 Remedial Actions Remedial actions must meet the following requirements: Protect human health and the environment Comply with applicable or relevant and appropriate requirements (ARARs) Remedial actions are long term actions consistent with permanent remedies taken instead of or in addition to removal actions. - Involve permanent remedies such a capping landfills, pumping and treating contaminated ground water, waste treatment and removal - Remedial actions are the focus of EM (40) sites There are 5 statutory criteria remedial action remedies must meet, which are layed out in NCP. The first two call for: - Protecting HH&E, and - Complying with applicable or relevant and appropriate requirements (go into later) Remedial actions are long term actions consistent with permanent remedies taken instead of or in addition to removal actions. - Involve permanent remedies such a capping landfills, pumping and treating contaminated ground water, waste treatment and removal - Remedial actions are the focus of EM (40) sites There are 5 statutory criteria remedial action remedies must meet, which are layed out in NCP. The first two call for: - Protecting HH&E, and - Complying with applicable or relevant and appropriate requirements (go into later)

27. CERCLA 27 Remedial Actions Remedial actions must meet the following requirements (continued): Use permanent solutions and treatment technologies to the maximum extent practicable Be cost effective Provide for State and community participation Third- As I stated, remedial actions must attain permanent solutions to the problem Fourth- Remedy must be within reasonable cost Lastly- The Superfund remedial process must provide ample opportunity for state and local involvement (go into further) The preference at remedial sites is for treatment and cost effective remedies. The basic dilemma that all sites face is the issue of cost vs. remedy options. Third- As I stated, remedial actions must attain permanent solutions to the problem Fourth- Remedy must be within reasonable cost Lastly- The Superfund remedial process must provide ample opportunity for state and local involvement (go into further) The preference at remedial sites is for treatment and cost effective remedies. The basic dilemma that all sites face is the issue of cost vs. remedy options.

28. CERCLA 28 Remedial Actions The remedial action process has six phases: Remedial Investigation (RI) Feasibility Study (FS) Selection of Remedy/Proposed Plan/Record of Decision (ROD) Remedial Design (RD) Remedial Action (RA) Operation and Maintenance (O&M) Next, we will briefly discuss the 6 phases of the remedial process. Each phase is intended to build on the previous phases.Next, we will briefly discuss the 6 phases of the remedial process. Each phase is intended to build on the previous phases.

29. CERCLA 29 Remedial Investigation The RI must begin within 6 months of NPL listing. The RI consists of 3 phases: Planning Phase, which results in Work Plan Sampling and Analysis Plan Health and Safety Plan Community Relations Plan Site Characterization Phase Treatability Studies Phase - Once a site is placed on the NPL, a remedial investigation is conducted to: - Define nature and extent of the contamination - Evaluate cleanup alternatives - Major part of RI - Baseline risk assessment - Analyze the risks associated with the site based on pathways of exposure (inhalation, ingestion) - Determine risks to human health and the environment if no action was performed - Analyze future site uses - Identification of ARARs: Involves determination of other environmental laws, criteria, or regulations that may apply to site evaluation (i.e., if hazardous waste is located at the site, RCRA will be an ARAR - Treatability studies: Are used to provide data to support remedy selection and implementation - Once a site is placed on the NPL, a remedial investigation is conducted to: - Define nature and extent of the contamination - Evaluate cleanup alternatives - Major part of RI - Baseline risk assessment - Analyze the risks associated with the site based on pathways of exposure (inhalation, ingestion) - Determine risks to human health and the environment if no action was performed - Analyze future site uses - Identification of ARARs: Involves determination of other environmental laws, criteria, or regulations that may apply to site evaluation (i.e., if hazardous waste is located at the site, RCRA will be an ARAR - Treatability studies: Are used to provide data to support remedy selection and implementation

30. CERCLA 30 Evaluates proposed remedies One alternative must be discussed for following categories: Treatment alternatives Alternatives attaining ARARs Alternatives Exceeding ARARs Alternatives that do not attain ARARs No Action Feasibility Study

31. CERCLA 31 Feasibility Study RA alternatives are evaluated based on three categories of criteria: Threshold Balancing Modifying

32. CERCLA 32 Feasibility Study Threshold Criteria Overall protection of human health and the environment Compliance with ARARs Usually performed concurrently with RI, the feasibility study compares advantages and disadvantages of remedial action alternatives based on: - Nine criteria developed from CERCLA statutory requirements for remedial actions that can be separated into three levels - First, Threshold Criteria - these are minimum requirements each alternative must meet - Always - Arars must be complied with at remedial sites, protect human health and the environment, define level of cleanup requiredUsually performed concurrently with RI, the feasibility study compares advantages and disadvantages of remedial action alternatives based on: - Nine criteria developed from CERCLA statutory requirements for remedial actions that can be separated into three levels - First, Threshold Criteria - these are minimum requirements each alternative must meet - Always - Arars must be complied with at remedial sites, protect human health and the environment, define level of cleanup required

33. CERCLA 33 Feasibility Study Balancing Criteria Long-term effectiveness and permanence Reduction of toxicity, mobility, or volume through treatment Short-term effectiveness Implementability Cost The second level of criteria are balancing: - Provide tradeoffs between alternatives - Assessed so the best option will be chosen, given site-specific data and conditions For example: Alternative may involve different combinations of treatment technology - Engineering controls and institutional controls. Remedies that rely on controlling migration or preventing exposure, will be strong in terms of cost but won�t reduce toxicity or vice versa The second level of criteria are balancing: - Provide tradeoffs between alternatives - Assessed so the best option will be chosen, given site-specific data and conditions For example: Alternative may involve different combinations of treatment technology - Engineering controls and institutional controls. Remedies that rely on controlling migration or preventing exposure, will be strong in terms of cost but won�t reduce toxicity or vice versa

34. CERCLA 34 Modifying Criteria State acceptance Community acceptance Feasibility Study - Final factors are modifying criteria - New information from State or community groups may modify the preferred remedy choice - Often, these criteria are not considered soon enough -- very important factors to DOE sites - Role State and community play in Superfund response will increase when/if CERCLA is amended -- possibly: - State program authority - Community work groups -- views given �substantial weight� especially with regard to future land use - Final factors are modifying criteria - New information from State or community groups may modify the preferred remedy choice - Often, these criteria are not considered soon enough -- very important factors to DOE sites - Role State and community play in Superfund response will increase when/if CERCLA is amended -- possibly: - State program authority - Community work groups -- views given �substantial weight� especially with regard to future land use

35. CERCLA 35 Remedy Selection A Proposed Plan: Describes the remedial alternatives analyzed Identifies the preferred alternative Summarizes relied upon information Solicits public comment - At the completion of the FS, a preferred remedy is selected and documented in a FS report - DOE will select the remedy and present it for public, State, and EPA comment- At the completion of the FS, a preferred remedy is selected and documented in a FS report - DOE will select the remedy and present it for public, State, and EPA comment

36. CERCLA 36 Remedy Selection Once comments have been evaluated, a final remedy is selected and documented in the ROD, which: Provides a rationale for the selected remedy Establishes performance goals and standards Provides a plan for remedy design and remediation Documents whether and how the remedy has changed since the proposed plan Key point: Section 120 of CERCLA delegates final remedy selection approval authority at Federal facility sites to EPA - If the two agencies are unable to reach a mutual agreement, both parties must sign the RODKey point: Section 120 of CERCLA delegates final remedy selection approval authority at Federal facility sites to EPA - If the two agencies are unable to reach a mutual agreement, both parties must sign the ROD

37. CERCLA 37 Remedial Design/Remedial Action Engineering (design, cost estimates) Approval (permits, public involvement) Implementation (contractor procurement, inspections, closeout)

38. CERCLA 38 Closeout To close out a site: Waste must be disposed Equipment decontaminated and demobilized Any temporarily relocated citizens returned to homes A report documenting the ongoing operational or maintenance (including monitoring) activities that will be performed

39. CERCLA 39 The NPL Mandated under CERCLA List of sites where uncontrolled releases of hazardous substances have occurred. Updated twice each year

40. CERCLA 40 NPL Listing A site is listed on the NPL if: Score exceeds 28.5 using Hazard Ranking System, or Host state designates the release as highest priority, or

41. CERCLA 41 New EPA policies issued in 1995 and 1997, included new definitions: Deletion Deferral NPL Listing

42. CERCLA 42 A site is listed on the NPL if: (continued) Agency for Toxic Substances and Disease Registry (ATSDR) issues a health advisory, EPA determines the release poses a significant threat, and EPA determines it is more cost effective to use remedial actions to respond to the release NPL Listing

43. CERCLA 43 NPL Deletion/Deferral Deletion: NPL removal because cleanup is complete OR Because another cleanup authority can be used to remediate the site or parcel

44. CERCLA 44 NPL Deletion/Deferral Deferral: Decision not to list OR Decision not to continue listing a site on the NPL To allow other statutory authority to replace CERCLA response authority for handling remediation at the site.

45. CERCLA 45 NPL Deletion/Deferral Policies also provided for partial deletion of Federal facilities from the NPL if: A parcel has been cleaned up OR Never contaminated Hanford�s 1100 Area was deleted from the NPL under this policy

46. CERCLA 46 Natural Resource Damage Trustees CERCLA directs the President to designate Federal officials �who shall act on the behalf of the public as trustees for natural resources.� - The DOE has been designated as trustee for resources at departmental sites - Damaged natural resources must be restored, replaced with equivalent, or rehabilitated to baseline condition - These requirements are in addition to remedy requirements- The DOE has been designated as trustee for resources at departmental sites - Damaged natural resources must be restored, replaced with equivalent, or rehabilitated to baseline condition - These requirements are in addition to remedy requirements

47. CERCLA 47 Natural Resource Damage Trustees Trustees are authorized: To recover damages resulting from a release of a hazardous substance or oil spill in water To restore natural resources to their prior condition - Several different agencies may act as trustees, such as: - State - Department of Interior - However, at each site, only one trustee will be designated. - Trustees have a mandate to protect and restore resources and work with site managers at all critical points in the response process. - Critical issues - Defining the baseline for a damaged resource - Defining �equivalent� replacement - Considering NRD claims in the remedy selection process - Any damages recovered must be used to restore, replace, etc. the resource- Several different agencies may act as trustees, such as: - State - Department of Interior - However, at each site, only one trustee will be designated. - Trustees have a mandate to protect and restore resources and work with site managers at all critical points in the response process. - Critical issues - Defining the baseline for a damaged resource - Defining �equivalent� replacement - Considering NRD claims in the remedy selection process - Any damages recovered must be used to restore, replace, etc. the resource

48. CERCLA 48 CERCLA Requirements CERCLA: Requires Federal agencies to meet its requirements Precludes Federal agencies from using Trust Fund monies

49. CERCLA 49 EPA Enforcement Authority Section 109 of CERCLA provides the EPA with authority to assess civil penalties for a number of violations: Administrative - $25K for violation of a CERCLA requirement, order, consent decree, or Interagency Agreement (IAG) Ongoing Violations - $25K for each day a violation continues - EPA can assess administrative penalties - Different classes: - $25,000 per violation - $25,000 per day of violation until resolved - Violations of IAGs are more likely for DOE (SEE NEXT SLIDE) - Described in agreement - Timing and $ for missing deadlines- EPA can assess administrative penalties - Different classes: - $25,000 per violation - $25,000 per day of violation until resolved - Violations of IAGs are more likely for DOE (SEE NEXT SLIDE) - Described in agreement - Timing and $ for missing deadlines

50. CERCLA 50 Citizen Suits In addition to EPA enforcement powers, CERCLA Section 310 authorizes citizens to bring judicial action against Federal agencies alleged to be in violation of CERCLA requirements. - Citizen groups can bring a suit to enforce any CERCLA standard, regulation, condition, requirement, or order, including IAGs under SO 120 (fresh) - Accordingly, it is important to realize that understandings or agreements with regulations must be in writing and enforceable if they modify previous requirements that can be enforced otherwise by citizens. - FOR EXAMPLE: when amendments to remedy are chosen in proposed plan, the public should be informed of the change prior to final documentation.- Citizen groups can bring a suit to enforce any CERCLA standard, regulation, condition, requirement, or order, including IAGs under SO 120 (fresh) - Accordingly, it is important to realize that understandings or agreements with regulations must be in writing and enforceable if they modify previous requirements that can be enforced otherwise by citizens. - FOR EXAMPLE: when amendments to remedy are chosen in proposed plan, the public should be informed of the change prior to final documentation.

51. CERCLA 51 Community Relations/Public Participation The NCP requires the lead agency to: Conduct interviews with local parties before commencing field work Prepare a formal, site-specific, Community Relations Plan Establish at least one local information repository - Specific public participation requirements are outlined in NCP; those that are the responsibility of the Department include: - Organizing community briefings on the proposed plan - Maintaining an information repository to contain all site- specific information including an administrative record - Public participation activities may vary during removal actions and in the remediation process. - Additional opportunities or avenues for public involvement at DOE facilities may be necessary or appropriate (ie NEPA requirements, site- specific interests) - Specific public participation requirements are outlined in NCP; those that are the responsibility of the Department include: - Organizing community briefings on the proposed plan - Maintaining an information repository to contain all site- specific information including an administrative record - Public participation activities may vary during removal actions and in the remediation process. - Additional opportunities or avenues for public involvement at DOE facilities may be necessary or appropriate (ie NEPA requirements, site- specific interests)

52. CERCLA 52 Community Relations/Public Participation After preparation of the Proposed Plan, the lead agency must: Publish a notice of availability and brief analysis of the Proposed Plan in a major local newspaper Make the Proposed Plan and supporting information available to the public Provide an opportunity to submit comments on the Proposed Plan The proposed plan is a public participation document subject to specific criteria in NCP: - Notice in paper - Summarizing plan - Announcing comments period (usually 30 days) - Announcing location to view the plan in full - The Department must respond to comments and document in ROD As mentioned earlier, the Superfund Reauthorization Act would expand community involvement.The proposed plan is a public participation document subject to specific criteria in NCP: - Notice in paper - Summarizing plan - Announcing comments period (usually 30 days) - Announcing location to view the plan in full - The Department must respond to comments and document in ROD As mentioned earlier, the Superfund Reauthorization Act would expand community involvement.

53. CERCLA 53 CERCLA and Other Legislation The most prominent statutes are: RCRA NEPA CAA SDWA - The major statutes interacting with CERCLA are outlined on this slide. - Provide: - Source of ARARs - Source of hazardous substances - The integration of other laws in the Superfund process presents many challenges, which are demonstrated in case studies.- The major statutes interacting with CERCLA are outlined on this slide. - Provide: - Source of ARARs - Source of hazardous substances - The integration of other laws in the Superfund process presents many challenges, which are demonstrated in case studies.

54. CERCLA 54 CERCLA and Other Legislation Many Federal laws have been enacted to protect the environment from the threat of hazardous substances, with each statute having its own particular focus. Additionally, States may also have significant parallel or independent statutes. It is important to understand other laws addressing the environment in order to understand where CERCLA fits into the national environmental program established by Congress.It is important to understand other laws addressing the environment in order to understand where CERCLA fits into the national environmental program established by Congress.

55. CERCLA 55 CERCLA and RCRA Although the statutes are different, cleanups performed under either may be similar The major difference is that RCRA authority may be delegated to the state, while CERCLA authority always remains with EPA

56. CERCLA 56 CERCLA and RCRA NEPA may be triggered by a CERCLA action In order to streamline cleanups and reduce paperwork, it is DOE policy to incorporate NEPA values into CERCLA documentation

57. CERCLA 57

58. CERCLA 58 Monitored Natural Attenuation Directive Interim Final Directive on Use of Monitored Natural Attenuation (MNA) at Superfund, RCRA and UST Sites issued by EPA, December 8, 1997 Promotes consistency in how MNA remedies are proposed, evaluated and approved

59. CERCLA 59 Monitored Natural Attenuation Directive Does not substitute for EPA�s statues or regulations Is not legally binding on EPA, states, or the regulated community

60. CERCLA 60 Monitored Natural Attenuation Directive States EPA does not view MNA to be a �no action� or �walk-away� approach MNA is an alternative means of achieving remediation objectives MNA may be appropriate for a limited set of site circumstances MNA should be used cautiously as the sole remedy at contaminated sites

61. CERCLA 61 Review Questions 1. Select the item that best describes what constitutes a hazardous substance under CERCLA.

62. CERCLA 62 Review Questions 1. Select the item that best describes what constitutes a hazardous substance under CERCLA. (cont.)

63. CERCLA 63 Review Questions 2. A site is placed on the National Priorities List when hazardous materials from the site have migrated off site. a. True b. False

64. CERCLA 64 Review Questions 3. Define this acronym: b. ARAR

65. CERCLA 65 Review Questions 4. Select the item that best describes why the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was enacted. a. To respond to nuclear and chemical releases from DOE facilities engaged in the production of weapons. b. To address risks to human health and environment resulting from releases or threatened releases of hazardous substances to the environment.

66. CERCLA 66 Review Questions

67. CERCLA 67 Review Questions 5. Cost and stakeholder acceptance are two of the nine criteria recognized by EPA for evaluating CERCLA remediation alternatives. a. True b. False

68. CERCLA 68 Review Questions 6. Once a site is deleted from the National Priorities List (NPL) it can never be put back on the NPL. a. True b. False

69. CERCLA 69 Related Courses CERCLA Orientation and Remedial Investigation/Feasibility Study Pollution Prevention and Waste Minimization in Environmental Restoration Multi-Agency Radiation Survey and Site Investigation Manual (MARSSIM) Monitored Natural Attenuation

70. CERCLA 70 Related Courses Principles for Accelerating Remedial Design and Implementation Managing Human Health & Ecological Risk Assessment Projects Under CERCLA & RCRA