# Presentation: 866418

## Module 5: Remedial Action and Cleanup

**Module 5: Remedial Action and Cleanup**

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**5.1**

**Cleanup Requirements and Approach**

## Cleanup Requirements and Approach

**Cleanup Requirements and Approach**

- HUD Requirement for Cleanup
- 	If, after contamination is identified in Phase II, parties still want to move forward, a cleanup will be required in accordance with _[24 CFR 50.3(i)(1) and 24CFR 58.5(i)(2)(i)](http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2003/aprqtr/24cfr50.3.htm)_
- 	“*It is HUD policy that all property proposed for use in HUD programs be free of hazardous materials, contamination, toxic chemicals and gasses, and radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the intended utilization of the property*.”

**Notes:**
ERIC TO INTRODUCE

## Cleanup Requirements and Approach

**Cleanup Requirements and Approach**

- Requirements differ depending on program
- Part 50 Office of Housing (H)
- Eliminate contamination to the point necessary to meet non-site-specific federal state and local health standards; No RBCA
- No active or passive remediation
- No caps or paving over
- No monitoring wells
- H in penultimate stage of allowing RBCAs

**Notes:**
ERIC TO PRESENT

## Cleanup Requirements and Approach

**Cleanup Requirements and Approach**

- Part 50 other than H and Part 58
- Under Part 50:
- RBCAs are allowed if health and safety of occupants is not affected
- Part 58
- Level of cleanup is up to RE if health and safety of occupants is not affected

- Requirements differ depending on program

**Notes:**
ERIC TO PRESENT

## Why Cleanup?

**Why Cleanup?**

- NEPA Requirement
- HUD must evaluate and minimize impacts
- HUD’s Mission
- 1934 National Housing Act purpose to improve “housing standards and conditions”: first national minimum housing standards for properties and subdivisions.
- Repeated in other legislation
- “*Decent safe, sanitary ‘. . . living environments*”
- “*a decent home and a suitable living environment for every American family*”

**Notes:**
ERIC

## Why Cleanup?

**Why Cleanup?**

- Reduces Financial Liability and Risk
- If HUD acquires contaminated property due to default, it may be liable for damages from that property
- Expensive cleanups may make mortgage payment difficult
- Retains value of collateral
- Maintains positive relationship with public

**Notes:**
ERIC

## Transition from Phase II to Cleanup

**Transition from Phase II to Cleanup**

- Understand the Exit before you Enter
- Ground water problems usually take many months to years to reach regulatory acceptance
- Additional studies are sometimes required to design cleanup
- Some sites are subject to public comment
- Final action may leave residual contamination, require monitoring, or limit future site use

## Transition from Phase II to Cleanup

**Transition from Phase II to Cleanup**

- Complexity = Uncertainty
- Simple sites
- Tanks – not leaking
- Petroleum spills on surface
- Shallow soil only
- Limited extent
- Complex sites
- Leaking tanks
- Solvents, metals or mixed contaminants
- Ground water, sediments, surface water
- Deep contamination
- Large area
- Offsite migration of contamination

**Notes:**
Most sites will be simple sites

## Cleanup Types

**Cleanup Types**

- Clean Closure
- Remove hazardous material to background or analytical limits
- Low residual liability
- End point very clear
- Can be very expensive
- Risk-Based Cleanup
- Mitigate conditions or remove contaminants to an acceptable level based on potential exposure to humans and the environment
- Most states use risk-based approach to set cleanup levels
- May require long term management

**Notes:**
State Environmental divisions are required to protect the public based on a risk goal

Example of State risk cleanup levels (Oregon or Illinois)

## Clean Closure Cleanup Examples

**Clean Closure Cleanup Examples**

- Heating Oil Tank Removal (not leaking)
- Remove tank, piping and contaminated soil from surface spills
- Drainage Ditch
- Remove stained soil
- Sump or Oil/water Separator
- Remove structure, sludge and adjacent soil

## Risk-Based Cleanup (RBC) Basics

**Risk-Based Cleanup (RBC) Basics**

- Principle
- Chemicals present a risk only if humans or animals are exposed to them
- Acceptable risk levels are determined by regulatory agencies based on
- Cancer risk
- Toxic risk
- Final cleanup decisions are based on reaching an acceptable level of risk for the site

**Notes:**
Discuss different receptors and pathways with respect

## Key Components of RBC

**Key Components of RBC**

- Source (concentration of chemical)
- Pathway (how the chemical reaches humans)
- Ground water – Ingestion from drinking, inhalation during bathing, skin absorption, inhalation from vapor intrusion into buildings
- Soil – Ingestion, inhalation of particles, inhalation from vapor intrusion into buildings, skin absorption
- Receptor (who is exposed)
- Resident adults and children
- Occupational workers
- Construction or maintenance workers

**Notes:**
Discuss different receptors and pathways with respect

Discuss the most sensitive receptors: pregnant, nursing, at risk populations?

## RBC Process - A Tiered Approach

**RBC Process - A Tiered Approach**

- Tier 1
- Comparison to conservative standards
- Example - EPA Region III or VI Risk-Based Screening Values (RBCs)
- Tier 2
- Comparison to site specific target levels - developed from site conditions and land use activities
- Tier 3
- Baseline Risk Assessment - evaluates overall site risk from all chemicals across all pathways
*Note – EPA Region IX PRGs are no longer updated*

**Notes:**
Tier 1 - PRGs are designed to be protective of the most sensitive population that could be exposed residential and children, Chemical by chemical comparison
-can result in NFA, Interim response Action to remove risk, or more risk assessment needed
-Region 9 also has PRGs but they have not been updated since 2004

Tier 2 – changes default values (most conservative receptors) to site specific data. Ex: ground water use, depth to ground water, soil contact time, occupational versus residential, Chemical by chemical comparison

Tier 3 – Calculates the risk of increased cancer or toxic effects for the site as a whole – sums all chemicals across each pathway. Ex. Occupational worker – soil contact, volatilization from ground water, 

## Risk-Based Cleanup (RBC) Basics

**Risk-Based Cleanup (RBC) Basics**

- Common Tools to Reduce Risk
- Source Control
- Removal
- Containment
- Reduction
- Engineering Controls
- Institutional Controls

**Notes:**
Discuss different receptors and pathways with respect

## Engineering Controls

**Engineering Controls**

- Definition: Physical technologies implemented to minimize the potential for human exposure to contamination by means of control or remediation (EPA)
- Any mechanism used to contain or stabilize contamination that ensures the effectiveness of a remedial action.
- Acts as a physical barrier between contamination and human contact and the environment.

**Notes:**
Some states include active remedial measures – removal or encapsulation  – as an engineering control

## Engineering Controls

**Engineering Controls**

- Examples
- Caps
- Soil/Vegetated
- Asphalt/Concrete
- RCRA D Engineered Multilayer
- Building Footprint
- Fences, Signs and Bollards
- Vapor Barriers
- Ground Water Containment

## Institutional Controls

**Institutional Controls**

- Definition: Non-engineered instruments such as administrative and/or legal controls that minimize the potential for human exposure to contamination by limiting land or resource use (EPA)
- Generally used to supplement or ensure effectiveness of engineering actions
- Long term responsibility for ensuring compliance shared by site and governments
- Comprehensive reference: _[http://www.lucs.org/](http://www.lucs.org/)_

**Notes:**
Definitions and applications vary by state

Other terms – Land Use Controls (LUC) 
	Land Use Restriction (LUR) 
	Activity and Use restrictions (AUL)
	Declaration of Environmental Use Restriction (DEUR)
Administrative and legal controls are included in Institutional controls

## Institutional Controls

**Institutional Controls**

- Examples
- Governmental Controls
- Zoning restrictions, ordinances, statutes, building permits
- Proprietary Controls
- Property easements and covenants, “deed restrictions”
- Enforcement and Permit Tools – CERCLA/RCRA
- Informational Devices – state contaminated site registries, deed notices, hazard notices

**Notes:**
Gov’t Controls – state or local gov’t can enact and enforce
Proprietary – Dee Restriction is a vague and not a legal term – needs clarifications as to the specific legal instrument

## Risk-Based Cleanup (RBC) Cleanup Examples

**Risk-Based Cleanup (RBC) Cleanup Examples**

- Underground Storage Tank Site (leaking)
- Soil up to 500 ppm is allowed to remain where parking lot will be constructed (no direct contact with soil)
- Floating oil on ground water is removed to thickness of 1⁄2 inch because area is on city water (no ground water use)
- Drainage Ditch
- Area will be fenced off as part of new development (no receptors)
- Sump or Oil/Water Separator
- Remove sludge only. Soil contamination is below sump (8 feet) and does not reach ground water (no direct contact or future ground water risk)

## Module 5: Remedial Action and Cleanup

**Module 5: Remedial Action and Cleanup**

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**5.2**

**Remedial Action Process**

## Remedial Action Process

**Remedial Action Process**

- Define - volume and cleanup goals
- Evaluate - identify and validate the best cleanup options, evaluate costs and risks
- Design – detailed plan for implementation, select vendors, optimize operations
- Implement - conduct the cleanup
- Verify – did the action meet the goals?
- Closeout – receive final regulatory approval
- An accelerated process is usually available for petroleum and other common contaminants

**Notes:**
What are the “other common contaminants” that an accelerated process is used for?

## Remedial Action Process

**Remedial Action Process**

- Define Volume and Cleanup Goals
- Goals defined in Phase II or Risk Assessment
- Volume depends on cleanup standard
- Ex: 50 yds3 @ 500 ppm but 500 yds3 @ 100 ppm
- Soil only? Ground water? Sediment? Under building?
- Evaluate Possible Cleanup Method(s)
- Identify options
- Screen against criteria (effectiveness, implementability, reliability, cost)
- May require pilot tests to verify and optimize
- Two or more methods may be used
- Or use approved presumptive remedy

## Remedial Action Process

**Remedial Action Process**

- Design Remedial Action and Determine Cost
- Select the cleanup method(s)*
- Engineering design, schedules, permits
- Request and review bids
- Finalize cost and schedule
-  Implement Cleanup
- GW – install and shakedown equipment, inject, extract, install barriers, monitor
- Soil – prepare site, remove soil, stage soil for treatment or removal, verify removal, backfill
- Vapor – install barrier, vapor removal systems
- *Generally requires a state approval

**Notes:**
Next section will discuss how to review the plan to make sure it receives approval.

## Remedial Action Process

**Remedial Action Process**

- Verify Cleanup Has Met Goals
- Sample sides and bottom of excavation before backfilling
- Sample treated soil
- Monitor ground water (usually multiple rounds)
- Closeout and Regulatory Approval
- Submit final report with verification of completion
- Comply with permit conditions or deed registrations
- Receive confirmation and approval from regulators

## Module 5: Remedial Action and Cleanup

**Module 5: Remedial Action and Cleanup**

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**5.3**

**Remedial Plan Review**

## Remedial Plan Review

**Remedial Plan Review**

- Objective - Ensure that the proposed remediation will be successful and cost effective
- Does the remedial action meet HUD requirements and project needs without future risk?
- HUD Guidance for cleanup end points
- Risk Types
- Financial Risk
- Project Completion Risk
- Public Perception Risk

## Remedial Plan Review

**Remedial Plan Review**

- Remedial Action Plan should include:
- Background and Site Conditions
- Conceptual Site Model
- Media and Areas of Contamination
- Remedial Objectives
- Remedial Approach
- Schedule

## Remedial Plan Review 

**Remedial Plan Review **

- Is the plan complete?
- Are all concerns identified in earlier phases fully addressed?

- _Phase 1_
- Apartment  buildings used heating oil – tanks not located

- _Phase 2_
- Confirmed one  leaking tank next to building with soil contamination at water table

- _RAP_
- Remove tank and contaminated soil outside building

- What about under the building?
- Is there water contamination?
- Are there other tanks?

## Remedial Plan Review

**Remedial Plan Review**

- Soil Considerations
- What is left after the cleanup?
- Residual contamination
- Non-hazardous wastes (wood, debris)
- Hole (safety/public nuisance)
- Clean fill – is it?
- Soil quality (sterile soil, boulders, compaction)

## Ground Water Considerations
Will contaminants come back?
Rebound is a common and expected occurrence
Timing
How long will it take to reach goals – not linear

- Ground Water Considerations
- Will contaminants come back?
- Rebound is a common and expected occurrence
- Timing
- How long will it take to reach goals – not linear

**Remedial Plan Review**

**Notes:**
Contaminants will adsorb to the soil or find their way into areas that escape treatment
After extraction or treatment is over these contaminants will dissolve back into ground water 

## Remedial Plan Review

**Remedial Plan Review**

- Is the schedule reasonable?
- Common schedule killers
- Approvals (permits, funding cycles, reports)
- Weather (saturated or frozen ground, wind)
- Unexpected conditions (extent of contamination, obstructions, level of contamination)
- How does cleanup schedule fit with other site activities?
- Funding
- Demolition
- Site prep and staging

## Module 5: Remedial Action and Cleanup

**Module 5: Remedial Action and Cleanup**

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**5.4**

**Contracting and Cost Evaluation**

## Contracting and Cost Evaluation

**Contracting and Cost Evaluation**

- Is There Contract Performance or Financial Risk?
- Contractor and subcontractor qualifications
- Established reputable and licensed firm (references)
- Bonding
- Have they use the technology before?
- What type of contract is it (unit price w/cap, FFP, incentive, GFPR/PBC)
- What Does the Contract Cover?
- Permits, backfill, equipment, and material removal
- Uncertainties in quantities (unit price or fixed price)
- Uncertainties in schedule

## Contracting and Cost Evaluation

**Contracting and Cost Evaluation**

- Is the Cost Reasonable?
- Too low – risk of non-performance or incomplete work
- Too high – project feasibility is at risk
- Cost Comparison Resources
- Many vendors provide free or online estimates
- Complex projects may require a third party review
- Federal Remediation Technologies Roundtable _[http://www.frtr.gov/](http://www.frtr.gov/)_
- Case studies with costs
- Cost estimating software

## Module 5: Remedial Action and Cleanup

**Module 5: Remedial Action and Cleanup**

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**5.5**

**Verification and Closeout of Remedial Actions**

## Verification and Closeout

**Verification and Closeout**

- Understand the Exit Before You Enter!
- Success requires clear, written goals
- Must have regulatory and stakeholder concurrence
- Know when you are done

## Verification and Closeout

**Verification and Closeout**

- Know what you have when you are done
- Certificate
- De-listing
- PE or Licensed Professional Opinion
- Liability Waiver
- Restrictions/Instruments
- Future land use (multifamily or commercial only)
- Limits on excavation depths or basements
- Title or deed restrictions