CERCLA Remedial Action Site Closure Guidance

Figure 3. Type A: Clean Closure for CERCLA Operable Units

III-A. Type A: Clean Closure
This section discusses the types of remedial actions that can occur at a CERCLA operable unit. For purposes of explanation, most CERCLA remedial actions can be organized in three categories or ‘types’ at the operable unit level. These three types are: Type A, ‘Clean Closure,’ Type B, ‘Long-Term Cleanup,’ and Type C, ‘Waste-in-Place.’

Type A addresses a typical excavation and off-site disposal remedial strategy or ‘clean closure’ for CERCLA operable units. Excavation and off-site disposal is a time tested and well-proven technology where contaminated material is removed and transported to permitted off-site treatment and/or disposal facilities. Prior to 1984, excavation and off-site disposal was the most common method for cleaning up hazardous waste sites. In most situations, the remedial action is completed within five years and the selected remedy will not place restrictions on the potential use of land or other natural resources (i.e., the remedy achieves unlimited use and unrestricted exposure). Therefore, there are no five-year reviews or post-remediation care activities associated with this scenario. Figure 3 depicts the standard CERCLA remedial action completion elements for the excavation and off-site disposal strategy. To find out more about these requirements, simply click on the section of the process that is of interest to you.

A.1 Remedial Action (RA)
The RA is the implementation of the remedy selected in the Record of Decision (ROD). The RA start date is defined as the date the contractor has mobilized and begun substantial and continuous physical on-site remedial action, as documented by a memo or letter to EPA.

A.2 Final Inspection   [top]
With any RA construction contract, normal construction industry practice is to conduct contract pre-final and final inspections prior to closing out the construction contract. These inspections are conducted to determine whether the construction has been completed in accordance with the contract design and specifications.

During the pre-final inspection, the contracting party’s project manager and the construction contractor inspect all elements of work to see if the work is complete and ready for acceptance under the terms of the contract. Some minor defects may come to light. The construction manager develops a “punch list” of all items that need correction or completion before the work can be accepted. A pre-final inspection report is prepared, including the punch list, completion dates for outstanding items, and a date for the final inspection.

If punch list items are minor, the pre-final inspection may automatically serve as the final inspection. Otherwise, a final inspection is conducted later to determine that punch list items are corrected and all work has been completed in accordance with the contract plans and specifications.
Federal Facility Agreements (FFAs) generally require a set of inspections to determine that all aspects of the remedy have been implemented in accordance with applicable enforcement documents and the ROD. Participants for the final inspection usually include: DOE, the State, EPA, and the DOE oversight contractor.

A.3 Final Remedial Action Report   [top]
If the remedy in the Record of Decision (ROD) requires excavation and off-site disposal and this results in the unrestricted use of the property, then the CERCLA milestone at the operable unit is completion of the Remedial Action Report (RA Report). Once all wastes have been excavated and removed from the site to an approved location and the cleanup goals have been achieved (as specified in the ROD), then the RA Report is submitted to the designated EPA Regional Official.

There are no other CERCLA milestones for this particular operable unit after submission and approval of the RA Report because there is no operation and maintenance or post-remediation activities required. The site has been cleaned up to unrestricted use.

A.4 Preparing the Final RA Report   [top]
DOE is the lead agency and as the lead agency DOE should prepare the RA Report in consultation with EPA and the State.

The RA Report usually contains ten sections and these sections should be tailored to the operable unit depending upon the type of remediation used. For example, Section VII, ‘Operation and Maintenance,’ activities would not apply for excavation and off-site disposal. The sections in the report are as follows:

I.		Introduction
II.		Operable Unit Background
III.		Construction Activities
IV.		Chronology of Events
V.		Performance Standards and Construction Quality Control
VI.		Final Inspection and Certifications
VII.		Operation and Maintenance
VIII.		Summary of Project Costs
IX.		Observations and Lessons Learned
X.		Operable Unit Contact Information
Appendix A.		Remedial Action Report
		Cost and Performance Summary

A.5 Submitting the Final RA Report to EPA   [top]
Following completion of the final contract inspection, submit the Final RA Report to the designated EPA Regional Official.

When the report is received at the EPA Regional Office, EPA uses the following criteria to approve the Report:

• All construction activities are complete, including site restoration;
  
• All cleanup goals as specified in the ROD have been achieved;
  
• A contract final inspection or equivalent has been conducted; and
  
• The RA Report is otherwise consistent with the EPA guidance, Close Out Procedures for National Priorities List Sites.

A.6 Final RA Report Approval   [top]
EPA will return the report with the signature (of the Branch Chief or above) on the cover sheet or by letter to DOE. At the operable unit level, EPA Headquarters does not have to review the report or concur with the EPA region.

Once the designated Regional EPA Official approves in writing the RA Report, this CERCLA milestone has been achieved.

A.7 RA Completion   [top]
RA completion for an operable unit is achieved when the designated Regional EPA Official approves in writing the Final RA Report. For an excavation and off-site disposal remedial action, the RA is considered complete after:

• All wastes have been excavated and removed from the site to an approved location
  
• The site has been restored;
  
• The cleanup goals have been achieved; and
  
• The Final RA Report is approved.

A.8 Checklist for Type A – Clean Closure   [top]

1. Remedial Action
2. Pre-Final Inspection
3. Punch List
4. Final Inspection
5. Final RA Report
6. Submitting the Final RA Report to EPA
7. Approval of Final RA Report
8. RA Completed for Operable Unit