# Presentation: 233007

**SESSION 5**
**Completion of Corrective Action **
**and Beyond**
**WHEN ARE WE FINISHED?**

## Agenda: Corrective Action – When are we finished?

- Goals of Corrective Action
- Short-term
- Intermediate
- Final
- Completion of Corrective Action

## Goals of RCRA Corrective Action

- Combination of goals for RCRA Corrective Action
- Short-term protection goals
- Intermediate performance goals
- Final goals
- Selection and implementation of final remedy
- Completion of corrective action process

- When are we finished?

## Short-Term Goals of RCRA Corrective Action

- EIs are **highest priority short-term goals** for the RCRA program but they are interim milestones in the overall RCRA corrective action process
- Focus efforts on risk reduction, communication, and resource protection
- Provide an opportunity for facilities and regulators to show meaningful progress that is achievable in short term
- Focus corrective action process on immediate threats based on **current** exposure scenarios

- When are we finished?

## Intermediate Goals

- 2008 Goals represent intermediate goals
- Continue to work on addressing intermediate and long-term goals
- Complete any remaining site characterization not completed for EIs
- Complete remaining interim measures
- Select and implement corrective measures
- A **phased approach** allows facilities and regulators to use information obtained during previous phases to plan and refine subsequent phases

- When are we finished?

## Once short-term and intermediate goals are met, the facility is ready to select and implement a final remedy
Move toward completion of corrective action
Overall goal of final remedies selected for RCRA corrective action facilities is to protect human health and the environment
Based on reasonably anticipated current and future land use(s)
Ultimate goal of corrective action is remedy completion
Promote beneficial reuse of property
Focus resources on higher priorities

- Once short-term and intermediate goals are met, the facility is ready to select and implement a final remedy
- Move toward completion of corrective action
- Overall goal of final remedies selected for RCRA corrective action facilities is to **protect human health and the environment**
- Based on reasonably anticipated current **and** future land use(s)
**Ultimate goal of corrective action is remedy completion**
- Promote beneficial reuse of property
- Focus resources on higher priorities

- When are we finished?

## EPA’s Final Guidance on Completion of Corrective Action at RCRA Facilities (68 FR 8757, February 25, 2003) outlines two types of corrective action completion
Corrective Action Complete Without Controls
Corrective Action Complete With Controls

- EPA’s *Final Guidance on Completion of Corrective Action at RCRA Facilities* (68 *FR* 8757, February 25, 2003) outlines two types of corrective action completion
- Corrective Action Complete Without Controls
- Corrective Action Complete With Controls

**www.epa.gov/epaoswer/hazwaste/ca/resource/guidance/gen_ca/compfedr.pdf**

- When are we finished?

## A Corrective Action Complete Without Controls determination can be made where: 
Site investigation determined that corrective action is not needed, or
A remedy has been selected, implemented, and no further activities or controls are necessary to protect human health and the environment

Unrestricted land use scenario is achieved
Meeting residential standards for soil and                                      drinking water standards for groundwater
The corrective action requirement                                                          can essentially be eliminated at this time
Does not preclude corrective action in the                                                                       future

- A Corrective Action Complete Without Controls determination can be made where:
- Site investigation determined that corrective action is not needed, or
- A remedy has been selected, implemented, **and** no further activities or controls are necessary to protect human health and the environment
- Unrestricted land use scenario is achieved
- Meeting residential standards for soil and                                      drinking water standards for groundwater
- The corrective action requirement                                                          can essentially be eliminated at this time
- Does not preclude corrective action in the                                                                       future

- When are we finished?

## A Corrective Action Complete With Controls determination can be made where:
A full set of corrective measures has been defined
The facility has completed construction and installation of all required remedial actions
The selected remedy protects human health and the environment
Unrestricted media cleanup standards have not been met
All that remains is:
Required operation and maintenance 
Monitoring actions 
Compliance with and maintenance of any                                                                 	    institutional controls

- A Corrective Action Complete With Controls determination can be made where:
- A full set of corrective measures has been defined
- The facility has completed construction and installation of all required remedial actions
- The selected remedy protects human health and the environment
- Unrestricted media cleanup standards have **not** been met
- All that remains is:
- Required operation and maintenance
- Monitoring actions
- Compliance with and maintenance of any                                                                 	    institutional controls

- When are we finished?

## A third option is a combination of Corrective Action Complete With and Without Controls
Parceling
Can work if several different remedies are implemented at different areas of one facility
Facility may include areas and media that present a range of environmental risks
Facility may have areas that were never used for industrial operations as well as areas that were heavily impacted
Groundwater may remain contaminated for years after soil has been returned to unrestricted use levels

- A third option is a combination of Corrective Action Complete With and Without Controls
- Parceling
- Can work if several different remedies are implemented at different areas of one facility
- Facility may include areas and media that present a range of environmental risks
- Facility may have areas that were never used for industrial operations as well as areas that were heavily impacted
- Groundwater may remain contaminated for years after soil has been returned to unrestricted use levels

- When are we finished?

## Permitted facilities
EPA or authorized state should modify permit to reflect completion
40 CFR §270.42 documents requirements for permit modification with public involvement
Non-permitted facilities
No ongoing treatment, storage, or disposal activities
All closure and post-closure requirements satisfied
All corrective action obligations including long-term monitoring have been satisfied

- Permitted facilities
- EPA or authorized state should modify permit to reflect completion
- 40 CFR §270.42 documents requirements for permit modification with public involvement
- Non-permitted facilities
- No ongoing treatment, storage, or disposal activities
- All closure and post-closure requirements satisfied
- All corrective action obligations including long-term monitoring have been satisfied

- When are we finished?

## Corrective action and remedy completion decisions are:
Based on current available information
Do not preclude future cleanup actions, as appropriate, in response to new information
These factors often cause concern in the regulated community
Regulated community often 
Wants some form of guarantee that corrective                                       action will not be opened arbitrarily in future, or
Needs documentation of completion to facilitate                                       transfer of property ownership

- Corrective action and remedy completion decisions are:
- Based on current available information
- Do not preclude future cleanup actions, as appropriate, in response to new information
- These factors often cause concern in the regulated community
- Regulated community often
- Wants some form of **guarantee** that corrective                                       action will not be opened arbitrarily in future, or
- Needs **documentation of completion** to facilitate                                       transfer of property ownership

- When are we finished?