The Association of State and Territorial Solid Waste Management Officials’ (ASTSWMO) Federal Facilities Remediation and Reuse Focus Group developed this paper to address members’ concerns with extreme events related to weather and climate, and the potential for impacts on contaminated federal facility sites. The potential impacts of these events on selected remedies should be assessed and addressed under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) beginning from the Feasibility Study, carrying through to protectiveness determinations within the Five-Year Review to ensure selected remedies continuously meet the Record of Decision remediation goals.
The U.S. Department of Defense (DoD) and States struggle to apply a consistent definition of Unlimited Use and Unrestricted Exposure (UU/UE) to explosives hazards at military munitions response program (MMRP) sites. During the development of DoD munitions response tools [Risk Management Methodology (RMM) and Munitions Response Quality Assurance Project Plan (MR-QAPP) Toolkit], States raised concerns about implementation due to fundamental differences in how UU/UE is defined, interpreted, and applied. This paper proposes a consistent set of requirements the DoD and States must consider to reach a UU/UE determination at an MMRP site.
Risk mitigation practices (RMP) at Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) federal facility sites are critical for addressing environmental contamination efficiently and responsibly. These practices involve measures to mitigate risks posed by hazardous substances while long-term remediation plans are developed and implemented. Some examples discussed include access restrictions, interim land use controls, dig notifications, and public awareness.
The purpose of this Fact Sheet is to help regulators identify when RMP should be considered to mitigate environmental impacts and to identify potential existing resources available. This Fact Sheet recommends regulators consider RMP at all federal facility CERCLA sites where such practices will reduce risk, prevent the continued migration of contamination, be cost effective, and help build community trust. The Fact Sheet outlines current risk mitigation practices by different Federal Agencies.
Over the past decade, State and Territorial Regulators have begun to prioritize contaminants of emerging concern (CEC) as information on substances like Per- and Fluoroalkyl Substances (PFAS) surfaces. ASTSWMO defines CECs to include any physical, chemical, biological, radiological substance or matter in any environmental media that may pose a risk to human and/or ecological health, is under regulated, and the presence, frequency of occurrence or source of which is not well understood, routinely monitored, and/or may lack analytical methods. Recent experiences with CECs, like PFAS, present unique challenges for States and Territories (States) at Federal Facility cleanups related to:
- Regulatory frameworks;
- State Involvement;
- Incorporating evolving science into government regulations and policies;
- Varied sources, processes, and findings in research; and
- Risk communication.
The discovery of CECs and a dearth of scientific information about their toxicity creates situations where risks at some Federal Facility cleanup sites are uncertain and potentially underestimated. Project teams may not have reliable information regarding site concentrations and risks, fate and transport, or standardized policies or methods for sampling or remediation of these contaminants. Stemming from this lack of information, public concern over CECs can create tension between regulatory agencies which can erode trust in public health institutions.
The purpose of this paper is to 1) identify issues that have complicated and slowed CEC evaluation at Federal Facilities, and 2) make recommendations for more efficient and comprehensive responses in the future. The paper is primarily focused on experiences with PFAS and related compounds as they are the most recent and pressing class of CECs regulators are faced with.
Dispute resolution (DR) is a process used to resolve disagreements between parties, which can be either a formal or informal process. This fact sheet is an informational tool designed to help States navigate the dispute process and find ways to resolve disagreements between a Responsible Party and State regulators before submitting a formal dispute resolution.
ASTSWMO-EPA Webinar on conducting baseline risk assessments on munitions response sites using the Department of Defense’s Risk Management Methodology (RMM). During this training State and EPA regulators will review the unique challenges of munitions response, examine the RMM model framework, and present case studies on RMM implementation.
Are you interested in learning more about how military contractors find and clear unexploded ordnance (UXO) from former live-fire ranges? Would you like to learn more about the latest technologies being used to detect munitions and explosives of concern (MEC) and how data from those technologies are being used to streamline the process of identifying and clearing areas of concern?
On Thursday, February 8th ASTSWMO and the Army Corps of Engineers will host a webinar on Geophysical Munition detection technologies. The training will be presented by Army Corps of Engineers subject matter expert John Jackson. This training will cover the framework, methodologies, and technology used to evaluate a munitions site and conduct a comprehensive cleanup. The training will also cover an overview of the DoD Advanced Geophysical Classification Accreditation Program (DAGCAP) and pertinent quality considerations that can affect projects.
There will be a question-and-answer session at the end of the webinar which will include input from State regulators experienced in oversight of munitions response sites. If you have any current questions about the webinar, please submit them in the question box in the registration form.
The webinar covers the following categories:
• Geo 101
• QA/QC
• DAGCAP
• Lessons Learned/Standard Limitations Overcome
• Underwater Scenarios
• Q&A Section
We look forward to your attendance and participation, thank you!
ASTSWMO’s State Federal Coordination Focus Group hosted a webinar on CERCLA/RCRA integration at federal facilities. This webinar is a two-hour session which aims to build upon the current CERCLA/RCRA integration course offered by the EPA on CLU-IN.
The webinar is broken into four sections designed to educate Waste Management officials at varying levels of experience. The topics cover:
– Creation RCRA & CERCLA
– RCRA vs. CERCLA: Legal Framework Breakdown
– State Perspective on RCRA/CERCLA Integration
– Question and Answer Session
The following webinar presents EPA OECA’s position on RCRA/CERCLA Integration.
The Federal Facilities Subcommittee’s Remediation & Reuse Focus Group developed this paper to address the ASTSWMO members’ concerns with the identification of and federal agency acceptance of State applicable or relevant and appropriate requirements (ARARs) in CERCLA federal facility cleanups. The Focus Group reviewed statutory requirements and policies, guidance, and decisions documents from EPA and other federal agencies to summarize when and how State ARARs are identified throughout the CERCLA process for both removal and remedial actions. The paper also includes a resource table and flow chart for identifying, considering, and selecting ARARs, short case summaries and site examples, recommendations, and a list of resources to assist States.
Performance-based contracting (PBC) is frequently used for implementing environmental cleanup work at federal facilities under the Defense Environmental Restoration Program (DERP). The Federal Facilities Subcommittee drafted the position paper to identify challenges States continue to face and provides ASTSWMO positions and recommendations for improving the PBC process. The paper also includes a checklist to assist all parties involved in the development and implementation of PBC at federal facility cleanups. This document updates and replaces ASTSWMO’s March 2017 position on PBC at federal facilities with additional examples of challenges and recognizes the U.S. Air Force for utilizing the ASTSWMO PBC checklist as a template in its contracting process.
