On behalf of the Association of State and Territorial Solid Waste Management Officials (ASTSWMO), I would like to submit the following comments and concerns on the proposed rule for Financial Responsibility Requirements Under CERCLA §108(b) for Classes of Facilities in the Hardrock Mining Industry (the proposed rule), published in the Federal Register on January 11, 2017.
Archives
These publications have been archived due to ASTSWMO’s Sunset Policy
Katherine N. Probst’s ACEC White Paper “Superfund 2017, Cleanup Accomplishments and the Challenges Ahead.”
This paper was written by Katherine N. Probst and funded by ACEC. It provides an overall evaluation of the progress of EPA’s Superfund program and provides recommendations for the future.
ASTSWMO SWANA MOU
This document will serve to outline the agreement between the Solid Waste Association of North America (SWANA) and the Association of State and Territorial Solid Waste Management Officials (ASTSWMO) identifying potential collaboration on joint efforts of mutual interest, including but not limited to: recycling, food waste or other emerging issues.
ASTSWMO 128(a) Position Paper
On January 11, 2002, President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (Pub.L.No. 107-118, 115 stat. 2356, “the Brownfields Law”). The Brownfields Law amended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) by providing funds to assess and clean up brownfields; clarified CERCLA liability protections; and provided funds to enhance State and tribal response programs. Other related laws and regulations impact brownfields cleanup and reuse through financial incentives and regulatory requirements.
Cathode Ray Tubes (CRT) Management Position Paper
Due to the fast-paced changes in technology and consumer interest in buying new electronic products, many States are seeing an increase in the amount of older electronic items being discarded. Monitors and televisions with cathode ray tube (CRT) technology are a growing concern for the States. CRT units can contain a variety of toxic metals, such as barium, lead, and cadmium. Therefore, improper or uncontrolled disposal of these devices can have an adverse impact to the environment.
Ensuring Environmental Protection of Closed Federal Facility Sites
ASTSWMO conducted this study to identify mechanisms for evaluating ongoing protectiveness at federal facility sites that have achieved site closeout that allows for unlimited use/unrestricted exposure (UU/UE). This category of sites may present challenges for evaluating their continuing protectiveness as they are typically not subject to periodic reporting requirements or periodic State review. The ASTSWMO State Federal Coordination Focus Group requested information from the 50 States, five Territories, and the District of Columbia (States) on their management of closed federal facility sites, including State definitions of site closeout; State experiences with reopening closed federal facility sites; and, their ability to track or revisit sites that have achieved site closeout. Thirty-three States responded to our request. The analysis of State responses and a list of recommendations for States is provided in this report.
ASTSWMO Position Paper on Performance-Based Contracting at Federal Facilities
This paper has been replaced by the document located here.
Performance-based contracting (PBC) is frequently used for implementing environmental cleanup work at federal facilities under the Defense Environmental Restoration Program (DERP). The Association of State and Territorial Solid Waste Management Officials (ASTSWMO) has produced two white papers on the subject: “Performance Based Remediation Contracts and Compendium of State Lessons Learned – A Guide to Performance Based Environmental Remediation, November 2004,” and “State Perspectives on the Use of Performance-Based Contracting at Federal Facilities Cleanups, August 2010.” Both papers provide recommendations for improving the PBC process.
UST – State Fund Cost Control Resources Webpage
The State Fund-FR Task Force developed this webpage to provide cost control documents, schedules, and other resources that have been provided to ASTSWMO by State programs. These resources provide valuable information for States looking to research cost controls employed by others. ASTSWMO will provide updates to this webpage when new information is provided.
Guidance for Understanding Petroleum Storage Tank Bankruptcy
The State Fund-Financial Responsibility Task Force developed this guidance to encourage dialogue between regulators and their legal counsel when regulated facilities are subject to bankruptcy proceedings. This is an introduction to legal terms and concepts related to bankruptcy to facilitate communication and enhance understanding. It also presents an overview of the process, milestones, and potential actions and decisions that may need to be taken with the guidance and assistance of legal counsel.
Redevelopment Successes at Petroleum Underground Storage Tanks Sites Webpage
Through the years, State programs have evolved to assist our community leaders and developers in decision-making processes related to redevelopment of LUST sites. The LUST Task Force developed this webpage to present information on redevelopment stories that have occurred in States across the country. Updates to this webpage will be prepared periodically.