RE: [CPEO-MEF] NPL listing timelines

[pstrauss@igc.org]

Laura,

I want to respond to the post script at the end of your message.  Under
CERCLA, a remedy is selected only after the following takes place: 1) it
has been described and evaluated against other options in the
Feasibility Study; 2) it is proposed in the remedial action plan; and 3)
it is adopted in the Record of Decision (ROD).  (If there is an imminent
danger, this process can be bypassed with a much quicker one). One of
the nine criteria for selecting any remedy is Community Acceptance. This
is the best opportunity for community organizations to make their views
known.  However, there are very few communities that have stated what
their acceptance criteria are.

At various Superfund sites, I have seen or heard a range of views
regarding whether a selected remedy can be changed.  There is a process,
but I am not sure that a community group can initiate it. It is called
an Explanation of Significant Difference (ESD).  In this case a remedy
can be changed, and there is an opportunity for public comment.  For
instance, at a site that I have worked on, the selected remedy was pump
and treat with air stripping.  The PRP initiated a change in the remedy
because they found that pump and treat using activated carbon was just
as effective, yet cheaper. This went through without community
opposition.  The barrier, however, was procedural - no one likes to open
the record.  There has been a lot of talk among regulators to make the
ROD as general as possible, so for instance, one could designate the 
remedy as pump and treat without specifying the treatment system.  I
don't know how far this has gone.  If you are interested in innovative
technologies, this procedural barrier is of real concern.

Hope this helps.

Peter Strauss


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