This paper is intended to help States identify and understand potential issues associated with settlement negotiations, especially financial assurance, and to consider the implications of PRP bankruptcy during the CERCLA remedial process.
The history of community involvement in the environmental field has been one of staggered improvement across the nation. The process, priority, and status of community involvement differs significantly not only from each of the 50 States and six Territories, but also from program to program, and site to site. Community involvement is dependant upon program priorities, agency lead (State, Environmental Protection Agency [EPA], Department of Defense (DoD), or other lead agency), program statutory requirements, resources, community economic levels, community interest, and project manager focus. These inherent differences have contributed toward the level of frustration expressed by citizens, regulators, and responsible parties.
EPA OUST and ASTSWMO Tanks Subcommittee members share information on new Technical Compliance Rate (TCR) Performance Measures issued in response to the 2015 revised federal UST regulations. Additional information available here.
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.
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.
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.
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.
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.
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.