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How Clean is Clean? BACK TO BACKGROUND PRINCIPLE Communities want safe, permanent cleanups. They believe all sites deserve to be - and should be - cleaned up. We should not have "sacrifice zones" where our environment is dirtier than other communities. The site should be left the way it was before the contamination was there. I- GOAL - Background The cleanup of contamination at Superfund sites must be to background levels with a preference for permanent remedies that are protective of human health and the environment.
Background is defined as reducing contamination to levels that are comparable to a similar or "control" area that is not affected by a toxic waste pollution problem. It recognizes that there are natural contaminants in the environment (ie. nitrates, lead, etc. ) If there are more contamination sources than the Superfund site, (an operating industry for example) the background is not a pollution level created by that source but a level that exists without toxic waste pollution-
In order to establish background levels, a control area in the general vicinity of the site is used to establish ambient or background levels of contaminants that would exist on the site had the site not been there and impacted the area. An off-site control location or area is selected that has not been impacted by the Superfund site or any other source of contamination.
The selection of an area to be utilized to establish the background concentrations is performed by a broad-based local committee. The committee must have members of the TAG group or grassroots community group if a TAG is not in place, residents adjacent or directly impacted by the site, as well as other stakeholders at the site. The committee will be charged with the task of identifying an area in the general vicinity of the Superfund Site, that best represents the nature of the site before it was impacted by the Superfund site and any other toxic pollution sources. Once the site is identified, EPA will develop a sampling plan. The plan will require a statistically valid approach to the sample collection and analysis of soil, surface water, ground water and air. The sampling plan will be designed to establish the control area concentrations or lack of detectable concentrations of the entire spectrum of chemicals detected at the corresponding Superfund site. The plan will be submitted to the committee for comment and final approval. The sampling plan will be executed by EPA and the results submitted to the committee. The committee will review the data and establish the appropriate background levels to be utilized in the cleanup of the Superfund site. In the case where data indicates chemical concentrations in the background area to be excessive, the committee may request that a risk assessment determination be performed by EPA on those specific chemicals. If an unacceptable levels of risk is determined to be present, a new background study area will be identified by the committee and the process repeated. II. REMEDIATION PROCESS The remedial process would be designed to result in a permanent remedy that attains background levels at each Superfund site that are protective of human health and the environment.
The first phase of remedial action should be the implementation of emergency removal procedures. The emergency removal actions are designed to deal with situations that are posing immediate threats to human health and the environment. The scope of the emergency removal action can range from the removal of exploding drums or containment of waste sources to providing alternative sources of drinking water or relocation of adjacent residents. The relocation of adjacent residents may be temporary (while emergency actions are performed) or long term (until a remedy or technology is developed and implemented). The idea is to stop the immediate exposure either by removing the contaminants or removing the people. In doing emergency removals, EPA must involve the community at every step.
For some of the current Superfund sites, the technologies are available to reach background levels and obtain permanent remedy status within a reasonable length of time. At such sites the remedial process should proceed towards permanent remedy status as quickly as possible. The affected community must participate early and at each step of the process. The community safety and health must take priority in all remedy actions.
At sites where the implementation of the final remedy (background) is not as straight forward, a phased approach should be performed.
The remedial process would require the implementation of technologies available to cleanup appropriate chemicals and/or waste units. Recognizing that technologies may not exist for certain chemicals or conditions; or the technology may not be acceptable to the community (e.g. incineration) this process provides for the partial cleanup of a site. Implementation of the technology may result in cleanup of portions of the site to background levels or only to interim levels. In the case where the interim cleanup levels do not pose a potential threat to human health or the environment and the levels of all contaminants on site comply with 10-6 risk levels or national standards (whichever is more protective), additional cleanup may not be required at the site. As long as the contaminants stay below the 10-6 risk levels or national standards and do not pose a threat to human health or the environment, payments into the Interim Containment Site Fund (see 2c) are not required. This level of cleanup, however, will not result in the site being eligible for delisting. If contaminants on the site begin to violate any of the conditions, additional remedial action will be required and payments into the fund will be required. In the case where the interim cleanup levels are approaching the 10-6 risk levels or national standards but still pose a threat to human health or the environment, a process of interim containment and/or monitoring will be required as well as reduced rate of payment into the Interim Containment Site Fund. If the contaminants increase in concentration or produce an increased risk to human health or the environment, additional remediation of the site will be required.
A. Containment Requirements At sites where available technology has been implemented to the fullest extent practicable but contaminants for which technology is not available (or is offensive to the community e.g. incineration) and continue to impact human health or the environment, a process of interim containment may be required. The interim containment is designed to provide for protection human health and the environment by controlling the site until technology is developed. This interim containment measures should comply with the following containment hierarchy.
The interim containment must be designed to be protective of human health and the environment. All interim containment measures must reduce risk of exposure to adjacent populations to the same level as attained by background cleanup. Appropriate monitoring of the effectiveness of the containment process will be an integral part of the interim containment. All routes of exposure - air, surface and ground water, soil and biota, will be monitored at a frequency that is adequate (no less than quarterly) to detect the possible movement of the contaminants. The monitoring data will be made readily available to the public. B. Interim Containment Re-evaluation The status of the effectiveness of the interim containment will be reviewed on a continuous basis by evaluation of the monitoring data. Every five years, EPA would be required to make a determination if adequate technology has been developed f or the interim contained contaminants. When treatment technologies for the interim contained contaminants of concern become available, the r43esponsible parties will have a two year time period in order to begin implementing the cleanup process. It is possible that technologies will not become available for all interim contained contaminants at a site. The new technology will be required to be implemented to address the appropriate contaminants and the remaining contaminants addressed through the existing or new interim containment process. C. Interim Containment Site Fund Where interim containment is utilized, the responsible parties will be required to pay annually into the Interim Containment Site LFund- The initial payment will be 5% of the estimated remedial cost and will increase at the rate of 5% per year- The monies in the fund will be utilized impart to fund technology development research which will provide technologies applicable to the interim contained waste streams- The other portion of the fund would be utilized to provide services to the community such as healthy services, alternative sources of drinking water, temporary relocation expenses, etc. D. Community Involvement When a Superfund site is being considered for cleanup standards that do not meet background or for interim containment, the community participation process must be expanded to provide for public input and comments at each and every phase of the interim containment process. The committee will serve as a forum for evaluating and assessing the issues associated with interim containment. The use of interim containment measures must be acceptable to the community as a whole as well as the appropriate state and federal agencies.
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