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

Five years ago, the Association of State and Territorial Solid Waste Management Officials’ (ASTSWMO) CERCLA and Brownfields (CaBS) Subcommittee members began evaluating State and Territorial (State) roles at CERCLA cleanups. One constant issue was the process of identifying and accepting States cleanup standards and rules as Applicable or Relevant and Appropriate Requirements (ARARs) in CERCLA cleanups. CaBS and the ASTSWMO Board of directors have updated the 2018 position paper to show that the issue is still a concern.

Five Year Review Checklist for State Project Managers

The ASTSWMO CERCLA Post-Construction Focus Group has produced a Five-Year Review General Guidance Document and a Five-Year Review Checklist for State Project Managers to provide general instruction on the State’s role in the Five-Year Review (FYR) process under CERCLA. These documents are intended to guide the support agency project manager (PM) through the FYR process. The checklist includes three areas of focus to consider during a FYR: Review Process, Report Components, and Drafting Recommendations. The checklist is provided in an editable format so that staff can make changes to fit their State’s process.

Human Health Risk Assessment Screening Tool for Atypical Risk Exposure Scenarios

The Investigation and Remedy Selection Focus Group developed this assessment screening tool with the intention of helping regulators review risk assessments that do not fit typical residential or commercial/industrial scenarios. These atypical situations, selected with States feedback, include exposures from trespassing, recreating, or short-term work assignments, etc. This tool helps reviewers determine if the variables used are within reasonable ranges and what variables have the highest impact on the ultimate outcome of a risk assessment.

ASTSWMO Position Paper on Increased 128(a) Funding

The ASTSWMO Board of Directors, in April 2023, approved the Position Paper supporting a permanent increase in the standard 128(a) Congressional appropriation. The paper acknowledges that the permanent increase of funding will ensure that State brownfields programs are able to provide the critical support necessary for a robust national brownfields program.

Technical Assistance Resources to Support the Reuse of Brownfield Sites

The Brownfields Focus Group located in the CERCLA and Brownfields Subcommittee (CaBS) has produced a technical assistance resource document for the reuse of Brownfield sites. This document provides an overview of available technical assistance opportunities including a description of each opportunity, how to access/apply for the assistance, example deliverables, and contact information for additional information. The intended audience for this document includes State Brownfield Coordinators and staff.

2022 CERCLA & Brownfields Symposium Presentations


Best Practices to Ensure State Collaboration in Superfund

The ASTSWMO Remedial Action Focus Group has prepared this document as a resource for States as they coordinate with EPA on Superfund site characterization and cleanup. In an effort to draw upon the long history of coordination between States and EPA on activities at National Priority List sites, the Remedial Action Focus Group solicited feedback from States on their experiences to develop the Best Management Practices outlined in this document.