CERCLA Remedial Action Site Closure Guidance

Figure 6. Typical CERCLA Construction Completion and Site Completion Activities

IV. Remedial Action Completion
Section IV addresses construction completion and site completion activities that occur at the site level once the construction work at the last operable unit has been completed. A “construction completion” site is an NPL site where physical construction of all cleanup activities is complete (final cleanup goals may or may not have been achieved at this time), all immediate threats have been addressed, and all long-term threats are under control. By contrast, “site completion” signifies the end of all response actions. Site completion means that cleanup goals have been achieved and no further Superfund response is required to protect human health and the environment. Figure 6 depicts the standard construction completion and site completion elements at the site level. To find out more about these requirements, simply click on the section of the process that is of interest to you.

IV-A Remedial Action (RA) For the Last Operable Unit   [top]
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. As construction for the last operable unit nears completion, DOE in cooperation with the State and EPA should plan ahead for achieving both construction completion and then site completion.

IV-B Pre-Final Inspection of the Last Operable Unit   [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 treatment system has been completed in accordance with the contract design and specifications. The inspections are generally held between the contracting party (DOE) and the construction contractor, although others can be invited (e.g., EPA).

During the contract pre-final inspection for the last operable unit, 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 as the inspection proceeds. 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 a 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 include the State, EPA, and the oversight contractor. For long-term cleanups, the treatment system(s) must meet the OP&S criteria.

IV-C Preliminary Close Out Report (PCOR)   [top]
The PCOR focuses on all operable units at the site, including a description of releases at the site, site conditions, all construction activities (including removals), completion of construction, five-year reviews, and a detailed schedule of steps remaining for site completion. The draft PCOR is prepared by DOE and should be submitted to EPA before the Final RA Report for the final operable unit is completed.

This sequence is typical because the RA Report may take up to 90 days for DOE to submit and get approved. Once prepared, DOE must send the draft PCOR to the EPA Regional coordinator for review and comments. At this time EPA Headquarters may also comment on the PCOR. After addressing any of these additional comments, the PCOR is signed by the appropriate regional official and a copy of the signed PCOR is forwarded to EPA Headquarters. The date that the PCOR is signed is also the trigger for the policy five-year review.

IV-D Preparing the Final RA Report for the Last Operable Unit   [top]
DOE is the lead agency and as the lead agency DOE should prepare the last RA Report in consultation with EPA and the State.

The final RA Report usually contains ten sections and these sections should be tailored to the site depending upon the type of remediation used. (The final RA Report is no different than any other RA Report.) For example, section VII. Operation and Maintenance activities would not apply for excavation and off-site disposal. Even if construction completion has already been achieved, the Region must still ensure that a Final RA Report is prepared for the final operable unit. 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

IV-E Submitting the Final RA Report to EPA   [top]
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 consistent with the EPA guidance, Close Out Procedures for National Priorities List Sites.

IV-F 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 Final RA Report, this CERCLA milestone has been accomplished.

IV-G Construction Completion   [top]
The completion of the last response action at a site determines when it becomes eligible for construction completion. At sites requiring remedial action in the final operable unit, the construction completion milestone is achieved when:

• A pre-final inspection for the last RA has been conducted; and
  
• The designated Regional EPA Official signs the Preliminary Close Out Report (PCOR) and sends a hard copy to EPA Headquarters.

Construction completion criteria are satisfied when only minor “punch list” items are identified in the pre-final inspection. Examples of minor punch list items that will still allow a construction completion determination include:

• Revegetating landscape (except when integral remedy component);
  
• Removing construction debris;
  
• Installing support equipment, such as security lighting;
  
• Repairing poorly installed flashing on roof;
  
• Repairing other minor defects in workmanship or construction;
  
• Demobilization activities;
  
• Installing additional monitoring wells; and
  
• Resurfacing roads.

IV-H Site Completion   [top]
Site completion signifies the end of all response actions. Site completion means that the response actions at the site were successful and no further Superfund response is required to protect human health and the environment. A site must meet all the criteria below to be eligible for site completion:

• Cleanup goals specified in all RODs or removals are met;
  
• Institutional controls are in place;
  
• All RA Reports, On-Scene Coordinator Reports, and Pollution Reports have been completed;
  
• All RODs, ROD Amendments, and Explanation of Significant Differences have been completed;
  
• The site is protective of human health and the environment; and
  
• The only remaining activities at the site are operation and maintenance.

IV-I Final Close Out Report (FCOR)   [top]
Site completion is documented through a FCOR. The FCOR documents compliance with statutory requirements and provides a consolidated record of all removal and remedial activities for the entire site. Since it is the final record, the FCOR must be complete and be able to stand alone.

The FCOR describes how the cleanup was accomplished and provides the overall technical justification for site completion. The information included in the FCOR should be readily available from previous documents such as the RI/FS, the RODs, the RDs, RA reports, and the PCOR.

IV-J Approval of the FCOR   [top]
Currently, EPA has Regional Coordinators assigned to act as primary reviewers of the FCOR. These individuals will work closely with DOE in performing completion activities and will review the draft FCOR (along with the State). After addressing EPA and State comments and obtaining the signature of the Regional Administrator, a copy of the signed report is sent to EPA Headquarters and to DOE. Once this is completed, this CERCLA milestone is accomplished.