Partnership 2000

LEA Role at Federal Facilities

Michael Wochnick, CIWMB
Theresa McGarry, DTSC

Federal Agencies

• Department of Defense (DoD)
• Formerly Used Defense Sites (FUDS)
• United States Forest Service (USFS)
• Bureau of Land Management (BLM)
• National Park Service (NPS)

Types of Facilities

• Operating sites
  • Landfill
  • Other solid waste facilities
• Closed sites
  • Solid waste disposal sites (SWDS)

LEA Roles

• Operating sites
  • Same as with non-federal facilities
• Closed sites
  • Non Comprehensive Environmental Response Compensation Liability Act (CERCLA): usually non-DoD
    • Same as non-federal site
  • CERCLA: usually DoD
    • Quirky

DTSC: Site Mitigation, Office of Military Facilities, Open/Closed Bases and FUDS

• CERCLA Section 120 (federal facilities): Executive Order 12580, DoD delegation
• State Superfund (H&S Code Ch. 6.8)
• Regional Water Quality Control Board (RWQCB)
• DSMOA: (federal grant) funds regulatory agency response action oversight.

Response Actions (Removal and Remedial)

• CERCLA requires compliance with state laws for removal and remedial actions.

Site Discovery and Types of Sites

• CERCLA Section 120, EPA Compliance Docket Lists: DoD's Installation Restoration Program
• Defense Environmental Restoration Account (DERA): Open bases
• Base Realignment and Closure (BRAC): Closing bases
• Formerly Used Defense Sites (FUDS)
• National Priorities List (NPL) vs. non-NPL
  • EPA lead or State lead site

Preliminary Assessment

• Historic Search
• Aerial Photos
• Interviews
• Limited Sampling
• Site Inspections

Interim Remedial Measures Consistent with Final Remedy

• "Removal Actions", prevent exposure and stabilize the site
  • Time critical
  • Not time critical
    • Engineering evaluation/cost analysis (EE/CA)

Remedial Investigation

• Defining horizontal and vertical extent of contamination in soil and groundwater.
• Risk Assessment: characterize current and potential threats.
• Identify state and local applicable, relevant and appropriate requirements (ARARS).

Feasibility Study

• Evaluate and select remedial alternatives
• Alternatives range from no action to complete remediation
• Institutional controls (ICs) may be part of remedial alternatives

Remedial Action Plan (RAP)

• "Decision Document"
• Draft RAP/Record of Decision (ROD) presents preferred alternative
  • 9 criteria
• Final RAP/ROD incorporates public comments
• Final ARARs selected
  • Clean-up levels must meet ARARs

Remedial Design

• Engineering plan for selected alternative

Implementation

• Implementation of preferred alternatives
  • ICs
  • Soil and groundwater remediation systems

Certification

• All necessary remedial action has been taken.
• Operation and maintenance (O&M) is in process, restrictions in place.

Operation and Maintenance

• Necessary when waste is left in place.
• Maintenance and upkeep of equipment.
• Periodic review of remedy performance including effectiveness of ICs.

What are Institutional Controls?

Institutional Controls (ICs) are:

• Non-engineering mechanisms to limit activities, access, and exposure pathways of humans or the environment to contamination at a particular site.
• Non-engineering mechanisms to supplement treatment remedies, and/or ensure that engineering controls maintain their integrity and protectiveness.
• Title 27 post-closure land use (1000 foot rule).

Land Use Covenant Agreements

• Civil Code, Section 1471 allows state as non-owner to enter into restrictive covenant, restrictions run with land and binds successor owners.
• H&S Code, Chapter 6.5, 6.8 and 6.85 allow State to enter into land use control (LUC)
• State can implement, monitor and enforce.

Layering and Enforcement of ICs

• Recorded with deed, runs with land.
• Layering is a strategy to combine mutually reinforcing controls, e.g. deed restrictions, physical barriers, notice.
• Local government controls and police powers.

Why are ICs Necessary?

• Current and future land use may not be compatible with clean-up levels.
• Control and restrict use of property, e.g. landfills.
• Protect the remedy.

Local Role in Cleanup

• BRAC Cleanup Team
• Restoration Advisory Board
• Identification of ARARS
• Federal Property Transfers, Finding of Suitability for Transfer (FOSTs)
• Land use Covenants
• H&S Code requires local planning and building departments to be notified of LUCs.
• Operation and Maintenance (O&M) activities

LEA Role-CERCLA

• Dependent upon DoD Base Coordinator 
  • Cooperative, high LEA role
  • Less Cooperative, less LEA role

Options

• LEA: Participant of Base Closure Team (BCT)
• LEA: Participant of Technical Review Committee/Remediation Advisory Board (TRC/RAB)
• Active CERCLA Process
  • No Need for Inspections
  • No Permits Required

Long-Term Follow-up

• Depends on how SWDS was closed.
  • T22 Standards: Department of Toxic Substances Control (DTSC) responsible
  • T27 Standards: LEA responsible
    • Periodic inspections
    • Maintenance compliance
    • Postclosure land use

Case Studies

• Bad
  • Hamilton (old)
• Average
  • El Toro
• Good
  • Hamilton (now)
  • Barstow

Agenda

Last updated: December 05, 2009