CERCLA Remedial Action Site Closure Guidance

Figure 5. Type C: Typical Waste-in-Place Remedial Strategy for CERCLA Operable Units

III-C. Type C: Waste-in-Place

Type C addresses remedies that result in waste remaining on site after cleanup is complete (i.e., waste-in-place) at CERCLA operable units. Waste-in-place remedies typically include landfill cap and landfill cap enhancements; but may also apply to ground water remedies that do not result in unrestricted use. They are often performed to prevent, or significantly reduce, the migration of contaminants. Figure 5 depicts the standard remedial action completion elements for waste-in-place treatments. To find out more about these requirements, simply click on the section of the process that is of interest to you.

C.1 Remedial Action   [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. Also, this is the start date of the statutory five-year review for operable units with waste-in-place.

C.2 Operating Properly and Successfully (OP&S)   [top]
OP&S activities are conducted after the physical construction of the treatment system is complete. The purpose of OP&S is primarily to test the treatment system. This ‘testing period’ could last up to one year. OP&S start and finish times should be documented with EPA and the State. No OP&S is necessary if no waste is left on-site (Excavation and Off-Site Disposal). The phrase "operating properly and successfully" involves two separate concepts. A remedial action is operating "properly" if the treatment system is operating as designed. That same system is operating "successfully" if its operation will achieve the cleanup levels or performance goals (removal of contaminant) as described in the decision document. Additionally, in order to be successful, that remedy must be protective of human health and the environment. For instance, an ex-situ pump and treat system may be operating properly according to its design for pumping and extracting so many gallons of ground water per day, but not operating successfully because the amount of contaminant removed does not meet the requirements as described in the ROD.

C.3 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 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, 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. The inspection can be done concurrently with the contract final inspection. For long-term cleanups, the treatment system(s) must meet the OP&S criteria.

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

The RA Report usually contains ten sections and these sections should be tailored to the site depending upon the type of remediation used. For example, section VII. Operation and Maintenance activities would not apply for excavation and off-site disposal. Also, the final contract inspection must be completed before the report can be written and submitted to the appropriate EPA Regional official. 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

C.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. The goal is for DOE to submit the report for approval within 90 days of the final inspection for OP&S.

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.

C.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 completed.

C.7 Operation and Maintenance (O&M)   [top]
O&M are the activities required to maintain the effectiveness and integrity of the remedy. In the case of waste-in-place remedies, O&M involves maintaining engineered containment structures; operating leachate and gas collection systems; monitoring to ensure that the remedy is performing as expected and the environment is protected; and maintaining and enforcing institutional controls and access restrictions.

The DOE may have to perform O&M indefinitely for remedies that contain wastes on-site, or include institutional controls. Prior to the termination of the O&M, EPA approval is required.

C.8 Statutory Five-Year Review   [top]
Statutory five-year reviews generally are required following implementation of remedial actions selected under Section 121 of CERCLA, when hazardous substances, pollutants, or contaminants remain on-site above levels that allow for unlimited use and unrestricted exposure (as is the case for waste-in-place remedies). In contrast, policy five-year reviews generally are appropriate for sites where completion of the remedial action ultimately will allow for unlimited use and unrestricted exposure, but the remedy will take longer (many years) to reach cleanup levels as specified in the ROD.

The purpose of the five-year review is to evaluate the implementation and performance of a remedy in order to determine if the remedy is or will be protective of human health and the environment. Five-year reviews provide an opportunity to identify potential problems or issues with the remedial action and adjust O&M where necessary.

However, coordinating the timing of both statutory and policy reviews for DOE will be challenging because many of the DOE’s response actions are being implemented at large, complex sites which have been organized into Waste Area Groups (WAGs) or many operable units (Oak Ridge, for example, has over 400 operable units). When multiple WAGs or operable units ‘trigger’ a review at a site, DOE’s preference is to combine all of these reviews into a single “site-wide” five-year report. Initially, doing so may mean that for some WAGs and/or operable units the first review occurs sooner than five years from the start of the remedial action. However, reporting all WAGs/operable units for the site at the same time in one site-wide report would eliminate the need to track an excessive number of different reporting dates and should reduce the time and cost associated with reporting five-year reviews.

In March of 2002, DOE, in conjunction with EPA, issued guidance on conducting five-year reviews entitled, Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Five-Year Review Guide. Refer to this guidance before conducting and preparing your five-year review.

1. Remedial Action
2. Operating Properly and Successfully
3. Pre-Final Inspection
4. Punch List
5. Final Inspection
6. Final RA Report
7. Preparing the Final RA Report
8. Submitting the Final RA Report
9. Final RA Report Approval
10. Operation and Maintenance
11. Statutory Five-Year Review