The DRAFT Superfund Green Remediation Strategy

1. The DRAFT Superfund Green Remediation Strategy Briefing for Jim Woolford February 2, 2009

2. The Superfund Green Remediation Work Group • Overall direction – develop “strategy” to advance and address green remediation in the Superfund program • This work group was tasked to provide: • A forum to discuss policy issues and needs • Recommendations for guidance and resources necessary to accommodate Green Remediation goals for the Superfund program • Response to growing momentum in efforts to address climate change and make greater use of renewable energies

3. What is “Green Remediation”? Green Remediation - The practice of considering all environmental effects of remedy implementation and incorporating options to maximize the net environmental benefit of cleanup actions.

4. Is It Our Job? • Energy Policy Act of 2005 • Energy Independence and Security Act of 2007 • Executive Order 13423 (Reducing GHG) • EPA Strategic Plan

5. Example – Where are the Opportunities?Superfund Energy & Carbon Footprint Flash Analysis Findings1

6. Green Cleanups Information& Feedback Channels http://intranet.epa.gov/osrti/greenremediation/index.htm

7. Green Remediation Activities Existing Green remediation primer, website, and profiles of projects Internet seminars, and archived discussions (cluin.org) Tech support for Federal and State project managers Contracts toolkit for RACs Renewable energy fact sheets and website NARPM 8-hour training OSWER RE-Powering America’s Land Initiative In the Pipeline MOU with NREL MOU with the USACE recognizing and fostering GR BMPs at Superfund cleanups Green Remediation Analyses and Development of Methodology (Region 9) Contracts toolkit for ERRS Remedy specific green remediation “cheat sheets’ Site cleanup energy audit tool Who’s who in green remediation (EPA Intranet) ER3 for green remediation OSC 4-hour training Engineering forum “GR review and technical support” capability Green cleanup voluntary standards project

8. The Superfund Green Remediation Work Group • OSRTI members began meeting in August 2008 • Regional offices, other OSWER offices (OSW, FFRRO), OSRE and OGC began participating in October 2008 • Goal – to identify opportunities to advance green remediation in Superfund and develop appropriate and relevant tools to support application

9. The Superfund Green Remediation Work Group Process • Held two brainstorming sessions (October 15 and 22) to generate ideas • Initially grouped ideas into five focus areas • Program Implementation • Policy and Guidance Development • Resource Development and Outreach • Evaluation • Communications • Formed subgroups for each focus area • Subgroups developed “white papers” highlighting key action items • Compiled subgroup products into draft strategy

10. Superfund Green Remediation Work Group Members/Participants • HQ • OSRTI: ARD, RMD, TIFSD • OECA-OSRE • FFRRO • OGC • ORCR • Regions 1-10 • See listing in Appendix C for names

11. Draft Strategy - Overview • Currently grouped into 3 main focus areas with a communications plan • Policy and Guidance • Resource Development and Program Implementation • Evaluation • Includes 12 “Key Actions”; each action includes a number of activities to implement the action

12. Draft Strategy - Overview • Culmination of workgroup discussions on ways the Superfund program can reduce the environmental “footprint,” or demand placed on the environment, during the cleanup of private and federal sites, while protecting human health and the environment • Sets out the Superfund program’s plans to reduce greenhouse gas emissions and other negative impacts on the environment that might occur during the remediation of a hazardous waste site

13. Draft Strategy - Overview • Strategy must address several important needs: • Clarify how green remediation practices fit within CERCLA and the NCP. • Provide for a fuller understanding of potential resource demands for many Superfund remedies • Move towards agreement on a metric(s) to consistently measure and evaluate green remediation actions.

14. Draft Strategy-Introductory Sections • Key elements • Defining green remediation • Emphasizes comprehensive view of green remediation, not limited to energy and climate goals • “Active” statement indicating that green remediation is not a reason to avoid active remediation; sets primacy of protectiveness • Highlights ongoing efforts, initiatives, activities

15. Draft Strategy: Policy and Guidance Development • Key Actions • Clarifying role of Green Remediation in remedy selection • White paper, then policy approach • Analysis of ARARs • Incorporate Green Remediation considerations into Superfund Settlement Agreements • Memo from HQ to Regions • Amend model consent order, unliateral order, and consent decree

16. Draft Strategy: Resource Development and Program Implementation • Key Actions • Develop framework of protocols and tools • Identify resource needs vs. existing tools • Develop external resources (beyond OSWER) • Fact sheets • Checklists for Superfund pipeline activities (e.g., RI/FS, LTRA) • Training • Electronic notebook for RPMs/OSCs • Superfund web page • Provide site-specific technical assistance

17. Draft Strategy: Resource Development and Program Implementation • Key actions • Develop program incentives • Awards • Improve understanding of costs and benefits • Identify opportunities to finance green technologies • Participate/influence research funding • Standards and certification • Establish Regional liaisons

18. Draft Strategy: Resource Development and Program Implementation • Air toxics and diesel emission reductions • Promote use of clean diesel and engine idle practices at all response sites • Fact sheet • RACs, ERRS, contracts and PRP work plans • Pilots • Regional pilots • Incorporate into all optimization projects by 2010 • Analyze RE-Powering America’s Land’s Initiative to identify information from Superfund sites with high renewable energy potential

19. Draft Strategy: Resource Development and Program Implementation • Contracts, IAs, Assistance Agreemetns • Contract language (SOWs) • Utility usage at sites • Language for all pipeline activities • Green Contracts Tool Kit • Language for assistance agreements • Communication • Sharing successes • Contracting forum • Partner with states

20. Draft Strategy: Program Evaluation • Develop core evaluation measures • Site level; program level • Evaluation, decision making • Reporting requirements • Benchmark • Identify, evaluate needs for meeting requirements above • White paper recommending measures to management • Project and program levels • National goals, e.g., 20% energy efficiency, 15% renewable energy by 2015

21. Outstanding Issues • Statutory/regulatory changes: what should we pursue, what can we pursue • Response perspective vs. current remedial focus vs. other elements of Superfund (i.e., Brownfields) • Scope – pros and cons of limited vs. “inclusive” scope • Non-time critical • How quickly to advance certain recommendations, e.g., clean diesel

22. Outstanding Issues • Who will do work, how to fund • Tracking and reporting

23. Needs • Implementation plan • Who • When • Ongoing communication • Management decisions of key directions • “Smooth out” language (document development by committee)

24. Timeline • February 09: OD presentation/review • March 09: Regional management review • April 09: Other stakeholders • July 1, 2009: Final strategy • 4th Quarter 09, FY 2010: Implementation and tracking