The ASTSWMO CERCLA and Brownfields Subcommittee has published a position paper on CERCLA Modernization in which there are specific areas of the Superfund Program where States could contribute in a larger, more significant role which would make the process more efficient.
ASTSWMO Position Papers
ASTSWMO Position Paper on the Importance of Community Involvement
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.
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.
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.
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.
ASTSWMO Position on Advanced Geophysical Classification for Munitions Response
This paper has been replaced by the document located here.
The Department of Defense (DoD) developed the advanced geophysical classification for munitions response process (hereafter referred to as advanced geophysical classification, or AGC) to improve the efficiency and effectiveness of munitions cleanup.1 AGC represents a major change in how munitions cleanup is conducted. DoD and its partners have identified several advantages in using AGC over other technologies, including greatly improved performance at detecting and identifying munitions and explosives of concern (MEC) resulting in faster investigation and remediation; higher data quality and greater confidence under its accreditation process, which promotes State acceptance of the data; and less invasive fieldwork (fewer digs) due to the in-situ detection and classification of objects. In order for the DoD to regularly apply this technology at Munitions Response Sites (MRSs), State regulators must have an understanding and acceptance of AGC.
ASTSWMO Position Paper on RCRA Subtitle C Hazardous Waste Program Information and RCRAInfo Database Operation and Maintenance
Since the enactment of the Resource Conservation and Recovery Act (RCRA) in 1976 and subsequent amendments, the U.S. Environmental Protection Agency (EPA) has developed and maintained several information systems. These evolving information management systems are necessary for tracking and maintaining information pertaining to the multitude of sites around the country involved in the generation, transportation, and management of hazardous waste.
ASTSWMO Position Paper on Federal Regulation of Coal Combustion Residuals
On April 17, 2015, the U.S. Environmental Protection Agency (EPA) published the final rule, Hazardous and Solid Waste Management System; Disposal of Coal Combustion Residuals From Electric Utilities (80 FR 21301). This Position Paper is a brief update from ASTSWMO to comment on current developments in the regulation of coal combustion residuals (CCR).
ASTSWMO Policy Position on UST Open Bermed Containment Systems
This paper has been replaced by the document located here.
This position paper addresses open bermed containment systems that are used to meet the spill prevention equipment requirements for underground storage tanks (USTs) outlined in 40 CFR 280.20(c). Bermed containment systems are configured with small concrete berms or curbing that surround the fill riser(s) for a UST system and are typically used at high volume facilities. The floor of the bermed containment systems are generally constructed of concrete and most of these systems have a drain that diverts any spilled liquid, rainwater, or melted snow, to an oil/water separator.