"The Road to Site Close-Out"

[Lenny Siegel <lsiegel@cpeo.org>]

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