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Institutional Controls

Institutional Controls LTS “Framework” EPA Post-ROD Authority State and Tribal Government Working Group March 14, 2002. Institutional Controls. Guidance IC Tracking System IC Data Collection Pilot Information Collection Request Workshops 50-State Study “One-Call” Pilots

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Institutional Controls

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  1. Institutional ControlsLTS “Framework”EPA Post-ROD AuthorityState and Tribal Government Working GroupMarch 14, 2002

  2. Institutional Controls • Guidance • IC Tracking System • IC Data Collection Pilot • Information Collection Request • Workshops • 50-State Study • “One-Call” Pilots • IC Privatization Pilot

  3. Institutional Controls:Guidance • “A Site Manager’s Guide to Identifying, Evaluating and Selecting ICs” • Completed: September 2000 • “Guide to Implementing, Monitoring and Enforcing ICs” • Second Regional Review: Spring 2002 • “ICs and Communities” • Draft: Summer 2002 • Developing IC Implementation Plans • Draft: Fall 2002 • Developing Full Life-Cycle Cost Estimates for ICs • Draft: Spring 2003

  4. Institutional Controls:Tracking System Objectives • EPA developing system to track entire life-cycle of ICs • Selection • Implementation • Monitoring • Reporting • Enforcement • GIS Map based • Web-enabled for stakeholder access to information

  5. Institutional Controls:Tracking System Objectives (Cont.) • Linked to: • Other EPA programs • Other Federal Agencies • States • Tribes • Local Government

  6. Institutional Controls:Tracking Research • Nine EPA databases • 10 Regions • Other Federal Agencies • DoD • Army • Navy • DOE • States • California • Illinois • Maryland • Minnesota • New Jersey • Washington • Wisconsin

  7. Institutional Controls:Data Collection Form • From research, developed a list of data elements • Basic Site Information • ICs Instrument Selection as Specified in the Decision Document(s) • ICs Implementation • ICs Monitoring • ICs Enforcement • IC Costs • IC Trends, Additional Information

  8. Institutional Controls:Data Collection Pilots • Conducted data collection pilots using data elements form • Surveyed 72 sites in Regions 3 and 5 to determine: • What IC information is actually available • Where we would have to go to get it • What form the data is in • What does it cost to get it • Evaluate feasibility/methods of data gathering • Refine data elements

  9. Institutional Controls:Data Collection Pilots (cont.) Preliminary results: • Data not where we expected • How deed notices are organized varies considerably • Very few “tracking” systems – mostly filing systems • Very little IC information post selection • ICs often assigned to the whole parcel • Imprecise language problematic • Little routine monitoring - based on reported problems

  10. Institutional Controls:Workshops/Conferences • Completed IC Workshops • February 2001 (San Antonio) • Identify high priority issues for October Conference • October 2001 (Santa Fe) • Workgroups worked on Model language, IC Tracking, IC Costs, IC Implementation Plans and ICs and Communities • Planning IC Tracking Meeting – Summer 2002 • Planning National IC Conference – Spring 2003

  11. 50-State Study • ELI updating the 50-State Study • Preliminary Findings regarding ICs • 41 States have stewardship programs • 41 States report using ICs • 24 States report having an IC Tracking System • 20 States make the tracking system information available to the public

  12. Institutional Controls:Information Collection • Developed an Information Collection Request Survey • First Federal Register Notice in October 2001 • Plan to send to States and Tribes, other Federal Agencies and 200 local agencies • Gather data on IC Tracking Systems and IC Costs • Develop interest in a national IC Tracking Network

  13. Institutional Controls:One Call Pilots • Coordinate with IC tracking system • One-Call, Miss Utility, Dig Safe, Blue Stake • Notify excavators of environmental contamination • Working on Pilots in Region 1, 3, and 5. • EPA cross-program advisory committee • Superfund, RCRA, UST, OSRE, OGC, Brownfields, Federal Facilities

  14. Institutional Controls:Guardian Trust Pilot • EPA HQ, Region 3, State of Pennsylvania and MGP Partners • Research the viability of a “private trust” for long-term stewardship of ICs • Establish non-profit trust • Trust inspects/monitors and reports on ICs • Assumes liability for IC breaches • Research conducted over past 4 months

  15. LTS “Framework” • EPA began developing draft LTS “framework” guidance last year • Need for such a document unclear • EPA guidance on O&M, Five-Year Reviews • DOE, ECOS initiatives • Effort “on hold”

  16. Post-ROD Authority • DoD contesting EPA post-ROD authority and role at NPL sites • EPA has directed Regions to approve DoD RODs only if they adequately address monitorng, enforcement, reporting about land use controls • About 25 RODs being held up by dispute • EPA and DoD using Langley AFB ROD to resolve issue • Dispute resolution process now underway

  17. Questions? Murray Newton Federal Facilities Restoration and Reuse Office M/C 5106 1200 Pennsylvania Avenue, NW Washington, DC 20460 202/260-2856 newton.murray@epa.gov

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