The Streamlined CERCLA ROD

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The Streamlined CERCLA ROD

• An Improved Business Practice
• Through DoD-EPA-State Partnership
• MCAS Cherry Point

December 2005
2
Briefing Objectives

• Present Streamlined Record of Decision (S-ROD)
• Issues Discussion
• Potential Hurdles
• Task Force / DoJ Recommendations
• Next Step for Cherry Point S-ROD

3
How We Got Here

• DoD EPA had dispute on Post-ROD procedures
  authorities
• Key issue was land use controls
• Navy EPA negotiated Post-ROD Principles
• Used by DoD as basis to settle dispute
• Called for a Task Force to develop streamlined
  procedures from ROD to site completion
• Work group established to examine ROD process

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Work Group Challenge

• Why cant a ROD
• Be concise
• Be easy to read
• Be understandable to the public
• Reference detailed/complex information
• RI/FS, risk assessments, etc.
• Use modern information management technology
• Still comply with CERCLA and the NCP

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Basis For Streamlining

• NCP Final Rule Preamble Section 300.430
• EPA believes that in certain situations, some
  information may not need to be included the ROD,
  e.g., where the information is already documented
  adequately in the administrative record.

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Concept

• S-ROD
• Short and concise
• Summarizes detailed, complex information with
  references to the Administrative Record
• Easily read and understood by the public
• Short review times
• Cost-effective
• Complies with CERCLA and the NCP
• Minimizes transcription errors

• Traditional ROD
• Lengthy and redundant
• Incorporates detailed, complex info from the
  Administrative Record
• Not easily understood by the public
• Extended regulatory review times
• Costly
• Follows EPA Guidance
• Checklist with defined format and content
• Potential for transcription errors

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Development

• Streamlined S-ROD Prototype developed by DoD,
  EPA, and VDEQ
• Review package developed for Task Force
• Preamble
• Defines authority and rationale for the
  Streamlined ROD
• Cross-Reference Table
• Illustrates how the prototype meets the NCP
  requirements and incorporates elements of EPA
  Guidance
• Frequently Asked Questions and Answers
• Reference CD
• Provides easy access via hyperlinks to specific
  excerpts in the Administrative Record

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S-ROD Prototype Demo

• Reference CD
• Provides added detailed information
• Interactive review tool with hyperlinks to
  excerpts from the Administrative Record

• Official S-ROD

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S-ROD Prototype

• By referencing info already in the Administrative
  Record, the concept of the Streamlined ROD
  provides a new format that is more concise than
  that recommended by EPA Guidance
• Declaration
• Executive summary similar to traditional ROD
  format
• Identifies the authority, lead agency, and
  Selected Remedy
• Data Certification Checklist
• Signature
• 1 - Decision Summary
• Brief site description and history
• Table of previous investigations
• 2 - Current and Potential Future Site Resource
  Uses

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S-ROD Prototype

• 3 - Summary of Site Risks
• Presented in tabular format
• 4 - Remedial Action Objectives
• 5 - Description of Alternatives
• Identifies the components and details of each
  alternative evaluated in the FS and PRAP in
  tabular format
• 6 - Evaluation of Selected Remedy
• Describes how the Selected Remedy best balances
  the nine evaluation criteria
• Provides the relative ranking of all alternatives
  in a consumer report table format

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S-ROD Prototype

• 7 - Selected Remedy
• Lists the major components of the Selected Remedy
• Statutory Determinations summarizing how the
  Selected Remedy
• Is protective of human health and the environment
  
• Utilizes permanent solutions and alternative
  treatment technologies
• Satisfies preference for treatment
• Requires 5-year reviews
• 8 - Community Participation
• Identifies details of community participation
• Provides contact information for access to the
  Administrative Record

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S-ROD Prototype

• 9 - Responsiveness Summary
• States that a public meeting was held and no
  comments related to the Selected Remedy were
  received
• If relevant issues were raised by stakeholders,
  the comments and associated responses would be
  incorporated
• ARARs Tables
• Includes those ARARs applicable to the Selected
  Remedy
• References Table
• Bold blue text in the Streamlined ROD is used to
  correlate the reference phrases with the
  applicable document from Administrative Record

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How The Streamlined ROD Meets The NCP
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How Will This Work?

• Task Force plans to develop a pilot ROD for
  signature with Department of Justice (DoJ) input
• Air Combat Command goal to streamline RODs
• To encourage consistency and promote clear and
  logical presentation of the rationale for remedy
  selection decisions
• Non-NPL sites for Air Staff review
• NPL sites requiring EPA signature will track Task
  Force pilot
• ACC is developing a guide and outline for writing
  a tailored ROD

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How The Streamlined ROD Meets The NCP
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How The Streamlined ROD Meets The NCP
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How Will This Work?

• Remedial Investigation contains complete risk
  assessment
• Feasibility Study contains detailed analysis of
  remedial alternatives
• Proposed Plan provides opportunity for public
  input on proposed remedy

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How Will This Work?

• S-ROD records the decision, summarizes logic,
  and references previous documentation
• ARARs Table included in entirety
• Responsiveness Summary included in entirety
• New information not already in Admin Record
• Reference CD available if desired
• Reference CD makes key Admin Record excerpts
  easily accessible

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Issues For This Meeting

• Does DoJ agree with the task force that the S-ROD
  is a better business practice?
• Can the ROD be legally defended using the entire
  Administrative Record?

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Feedback, Discussion, And Questions?