From: | Lenny Siegel <lsiegel@cpeo.org> |
Date: | Sat, 27 Jun 1998 15:59:07 -0700 |
Reply: | cpeo-military |
Subject: | "The Road to Site Close-Out" |
TASK FORCE CLARIFIES SITE CLOSEOUT PROCESS A task force consisting of representatives from the Department of Defense, US EPA, and state regulatory agencies has drafted a guide clarifying the post-decision phase of cleanup at military facilities. The Road to Site Closeout (May, 1998 draft) is a major step forward in which the participating agencies for the first time systematically address the later stages of the typical cleanup process, whether conducted under CERCLA (the Comprehensive Environmental Response, Compensation, and Liability Act) or RCRA (the Resource Conservation and Recovery Act). The summary below is not intended to be complete. The guide addresses property transfer - that is, base closure - issues in detail, and it briefly mentions Natural Resource Damages, another subject largely ignored in the past focus on pre-decision activity. A full draft of this document can be downloaded from http://www.afbca.hq.af.mil/closeout/. (See below for navigating hints.) My critique of the guide will follow later. The guide is intended to be descriptive, not prescriptive. It was created because cleanup efforts are finally winding down at many installations. It says, "For such installations, it has become apparent that the site closeout process represents uncharted territory." Everyone connected with cleanup has focused, thus far, on the pre-remedial-decision phase. Terminology Milestones The draft repeats and elucidates the post-decision milestones that first appeared publicly (to the best of my knowledge in the Defense Environmental Restoration Program 1998 Management Guidance. I previously reported on that terminology, as follows: "'Remedial Action-Construction' (RA-C) is the period during which the final remedy is being put in place. The end date signifies that the construction is complete, all testing has been accomplished and that the remedy will function properly. The phase 'Remedial Action-Operations' (RA-O) is the period during which the remedy is in place (RIP [not to be confused with Rest in Peace - LS]) and operating to achieve the cleanup objective identified in the Record of Decision (ROD) or equivalent agreement. Any system operation or monitoring requirements during this time should be termed RA-O. 'Response Complete' (RC) signifies that the remedy is in place and required RA-O have been completed. If there is no RA-O phase, then the RA-C end date will also be the RC date. "Once a site is RC, environmental monitoring is termed 'Long Term Monitoring' (LTM). This term should be used until 'Site Closeout.' 'Long Term Monitoring' is reserved for monitoring once a site is RC, and should not be used to refer to monitoring after 'Remedy in Place,' (this includes sites for which [the] selected remedy is natural attenuation)." Five-Year Review The guide explains the five-year review built into the CERCLA process that applies at military facilities both on and off the "Superfund" National Priorities List (NPL). If the remedial action at a site results in "hazardous substances, pollutants, or contaminants remaining at the site above levels that allow for unlimited use and unrestricted exposure, the lead agency [in this case, the responsible Defense component] shall review such action no less than every five years aften initiation of the selected remedial action.... Five-year reviews are intended to evaluate whether the response action remains protective of public health and the environment.... Five-year reviews generally include document reviews, reviews of cleanup standards, interviews, inspections, technology reviews, and preparation of a report summarizing the findings and recommendations.... "Reviews may be discontinued only if levels of contaminants achieve levels that allow for unrestricted use and unlimited exposure. This criterion can potentially result in the long-term (i.e. perpetual) requirement for conducting five-year reviews (e.g. applicable landfill caps). The restoration project team should consider these requirements carefully when reaching remedial decisions and planning for future requirements. NPL Deletion Deletion of a facility from the NPL, often a goal of both regulated and regulatory agencies, may occur once the Response Complete milestone has been reach for all of the sites at the facility. Even if long-term monitoring is required, NPL deletion may take place. But ongoing operation and maintenance, such as groundwater pump and treat, precludes deletion. Where only a subset of the sites an a facility reach the Response Complete milestone, EPA may approve deletion of that portion of the installation from the NPL. Community Involvement The Guide recognizes the significance of public participation in the site closeout process, but it calls for flexibility in its implementation. Post-decision public participation should be built into the installation-specific community relations plan. It suggests: "Several significant community involvement activities are ongoing throughout the environmental restoration process. Community involvement personnel should periodically perform: * Updating and maintenance of the Installation Repository and Administrative Record. * Outreach regarding the availability of technical assistance ... * Planning for future management strategies (such as regionalization of program/site management) and an associated communications strategy, i.e. an "exit strategy" for personnel and functions managing the installation, particularly at BRAC [base closure] locations." Institutional Controls Institutional controls are restrictions - for example on land or water use - designed to protect potential receptors - such as people who live or work at the sites - when contamination (above levels allowing unrestricted use) remains in place. Institutional controls may also be used to protect the remedy, such as a landfill cap. The guide states: "When ICs are used, they are a vital part of the remedy and must be maintained to protect human health and the environment." To ensure that such controls remain protective, the guide says: "Administration of institutional controls can very significantly depending on the type of property involved. At active installations, the appropriate use restrictions can be incorporated into installation base planning document by civil engineering or other installation management personnel. For off-base property or BRAC installations (where property is transferred to a new use), other legal mechanisms are generally employed, such as deed restrictions." Planning Ahead Long-Term Monitoring, notes the guide, can "represent a very substantial investment on the part of DoD [the Department of Defense]. For this reason, it is vital that LTM programs be examined closely at their inception and be revisited periodically to ensure that resources at being applied to the monitoring effort as efficiently as possible." Similarly. long-term Natural Resource Damages - under CERCLA responsible parties may be required to make payments to natural resource trustees to mitigate such damages - should be anticipated and minimized up front by careful remedy selection. In general, the Road to Site Closeout is a proactive effort, spearheaded by the Air Force, to plan ahead. The task force has made a significant contribution, but it needs to hear from public stakeholders, local government, tribal governments, and other interested parties before if finalizes the guide. (To download a copy of the Road to Site Closeout, May, 1998 Working Draft, go to the Base Conversion Agency web page http://www.afbca.hq.af.mil/closeout/ and make the following selections: Meetings and Working Documents Working Documents Guide Introduction (Working Draft, May 1998) choose format: Adobe Acrobat or Microsoft Word 6.0/95) Lenny Siegel Director, Center for Public Environmental Oversight c/o PSC, 222B View St., Mountain View, CA 94041 Voice: 650/961-8918 or 650/969-1545 Fax: 650/968-1126 lsiegel@cpeo.org | |
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