ASTSWMO

State Involvement in Five-Year Reviews at Federal Facilities

The goal of the five-year review is to evaluate the implementation and performance of the selected remedy and to ensure that the remedy chosen for a site remains protective of human health and the environment. As more federal facility cleanups reach Records of Decision there will be an increase in five-year reviews documents in the coming years. This paper highlights States’ involvement with five-year reviews at federal facility cleanups and steps States can take to ensure their comments and recommendations are addressed.

State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Applicable, or Relevant and Appropriate Requirements

Over the last five years, the Association of State and Territorial Solid Waste Management Officials’ (ASTSWMO) CERCLA and Brownfields (CaBS) Subcommittee members have been evaluating State and Territorial (State) roles at CERCLA cleanups. One troubling area has been the process of identifying and accepting States cleanup standards and rules as Applicable or Relevant and Appropriate Requirements (ARARs) in CERCLA cleanups.

The Economics of Recycling: Reports from States and Others

In order to educate ASTSWMO members and others about the economic benefits of recycling, the Sustainable Materials Management Task Force assembled this list of recent reports on the economic benefits of recycling. The time span of reports included is from 2007 to 2017. The compilation is intended to be dynamic. The list will be reviewed on a periodic basis and updated with additional resources as identified.

Waste Generation and Disposal: Awareness, Management, and Disposal Guidance for Solid Waste Containing Technologically Enhanced Naturally Occurring Radioactive Material (TENORM)

Radioactive material is found naturally in water, soils and rock. When this type of radioactive material is found in its original location and in its natural concentration distributions (including ore bodies) it is referred to as Naturally Occurring Radioactive Material (NORM). Many industrial processes use or come in contact with natural raw materials that contain NORM such as ore, water, soil, rock, oil and natural gas. When industrial processes separate or concentrate the NORM found in these raw materials and expel this radioactive material in their waste streams, the resulting concentrated NORM is referred to as Technologically Enhanced Naturally Occurring Radioactive Material (TENORM). The intent of this guidance document is to increase awareness regarding TENORM waste generation, as well as the regulatory and radiological complexities surrounding appropriate and protective TENORM waste management methods.

This document was originally posted December 18, 2017 but has since been updated as of February 15, 2018.

Ability to Pay Policy Template and Forms

This document provides a general policy for ability to pay settlements in which an entity’s financial ability to pay is a significant consideration. An ability to pay settlement allows a business or an individual to settle the State’s environmental liability claim for less than the full amount, and it may be a legitimate option if a company or an individual cannot pay the full liability, or if in doing so, it creates a financial hardship. The document also includes two template forms for collecting information from individuals and businesses.
All or part of these policies and forms may be adapted by States into the regulatory framework of their unique programs.

Summary of State Programs and Data on Abandoned Underground Storage Tanks and Facilities

From 2016-2017, the ASTSWMO State Fund-Financial Responsibility Task Force requested information about abandoned USTs and facilities from all State UST programs, and received responses from 31 States. This report summarizes and compiles the responses received, which includes information on how States fund the removal and cleanup of abandoned USTs and facilities; how many abandoned USTs and facilities, and at what costs, have these States addressed; and what incentives or unique programs do States have for addressing abandoned USTs and facilities.

Beneficial Use of Drill Cuttings, Produced Water and Fluids in the U.S.

The Beneficial Use Task Force developed this report as a supplement to their March 2015 Oil and Gas Exploration and Production Waste Management Survey Report. In the 2015 Survey Report, the Task Force recommended further exploration of how exploration and production (E&P) waste streams are currently beneficially used in various States, and whether information on current uses may support increased beneficial use of particular E&P wastes, or may point to any limitations for beneficial use. This Supplemental Report summarizes the Task Force’s efforts to implement this recommendation, focusing on the beneficial use of three waste streams identified in the 2015 report as “high-volume” waste streams: Drill Cuttings, Produced Water and Water-Based Drilling Fluid/Mud. The information in the Supplemental Report was gathered between February and June 2016.

ASTSWMO Comments on EPA Strategic Plan

The Association of State and Territorial Solid Waste Management Officials (ASTSWMO) Board of Directors appreciates the opportunity to provide the enclosed comments on the Draft FY 2018-2022 EPA Strategic Plan. ASTSWMO is an association representing the waste management and remediation programs of the 50 States, five Territories and the District of Columbia (States).

Brownfields Focus Group Facts Sheet

ASTSWMO’s Brownfields Focus Group developed six fact sheets that relate to certain Brownfields topics. These topics are Phase I Assessments and All Appropriate Inquiry, Phase II Assessments, Abandoned Structures, Risk-Based Decision Making for Property Cleanup, Vapor Intrusion, and Community Involvement.

AAI Facts Sheet

Abandoned Structures Facts Sheet

Community Involvement Facts Sheet

Phase II ESAs Facts Sheet

Risk Based Cleanups Facts Sheet

VI Facts Sheet

Summary of State Fund Demands and Recoveries

The ASTSWMO State Fund-FR Task Force compiled the attached spreadsheet and documentation that describe demands and recoveries against UST owners and operators concerning “double dipping.” Double dipping refers to monetary settlements reached by owners and operators with their insurers for UST cleanup issues where State Funds have provided reimbursement for the same costs and the monetary settlement was not returned to the State. Many State Fund managers are working on their own or with a national group of attorneys to try to recover monies legitimately due back to the State Funds. This may involve local or multi-State owners and operators. The intent of this resource is to chronicle demands and recoveries made by the various State Funds. The spreadsheet includes only summaries and documentation provided to ASTSWMO by State programs. Contact State Fund-FR Task Force members or ASTSWMO staff if you request other demands and/or recoveries cases in your State be added to the document.