Transfer of Long-Term Response

Transcription

1 Transfer of Long-Term Response Actions (LTRA) ASTSWMO State Superfund Managers Symposium August 2010 Tom Short U.S. EPA, Region 5, Chicago, IL 1

2 Presentation Overview General LTRA Background and Definitions Preparing for the LTRA Transfer and the Transition to Operation and Maintenance (O&M) Lessons Learned 2

3 Upcoming LTRA Transfers Over 50 sites will undergo LTRA to O&M transfers between FY2010 and FY2014 3

4 Fund-Lead Ground Water and Surface Water Restoration Pipeline RA PCOR Interim RA Report O&F <= 1 yr. LTRA <= 10 yrs. Final RA Report (Cleanup goals achieved) O&M 4

5 Long-Term Response Action (LTRA) Limited it d to fund-financed fi d ground water and surface water restoration remedies.» The objective of a restoration remedy is to return all or part of a surface water body or ground water aquifer to the protective cleanup levels that were specified in the ROD. EPA pays 90% of the costs, and the State pays 10% during LTRA. Containment remedies do not include a LTRA period. 5

6 LTRA Guidelines LTRA phase begins upon O&F determination LTRA ends:» 1) Ten years after the LTRA begins, or» 2) When the remedial action objectives (RAOs) have been met. Whichever is earlier If cleanup goals not met after 10 years, Operation and Maintenance (O&M) begins» State pays 100% of O&M costs 6

7 Operational & Functional Determination EPA and the State should agree on the start of O&F based on a joint inspection. O&F determination occurs either:» One year after construction is complete, or» When the remedy is determined to be functioning properly & performing as designed, whichever is earlier. O&F begins the 10-year LTRA period. 7

8 Documenting the O&F Determination SSC should outline expectations for O&F Memo recommended after joint inspection to initiate 1-year shakedown period generally concurrent with PCOR Final O&F determination documented by letter to appropriate parties (e.g., State) RA report not recommended as primary documentation, due to time needed to complete those reports 8

9 LTRA Considerations After the O&F Determination Through Year 10 OF- Years 1 through 6 Operation of the system; make adjustments and repairs as needed Conduct 5-year review(s) Consider optimization review Year 7 Year 8 Year 9 Year 10 Notify state of date of LTRA transfer Review property transfer and site access requirements Identify equipment for repair or replacement State begins staffing activities for O&M Consider optimization review if not previously performed Notify state again by letter of date of LTRA transfer Design and construct changes to system Revise all manuals and plans Prepare transfer permits, warranties, and other agreements State completes arrangements for conducting O&M State personnel or contractors receive training Complete all documents and arrangements EPA sends final letter confirming transfer and schedule for remaining actions 9

10 Optimization Reviews During LTRA Used to enhance effectiveness of the system, speed clean up, and reduce costs Most appropriate p for more complex, longer- term projects that require more O&M funds Technology changes may result in a reevaluation of the remedy. 10

11 Transitioning from LTRA to O&M States should have a clear understanding of the cost, and the technical and performance requirements EPA remains responsible for oversight of O&M after transfer 11

12 During the O&M Period State assumes responsibility for conducting O&M State provides progress reports to EPA as agreed EPA or State conducts subsequent five-year reviews EPA and State determine when cleanup goals have been achieved EPA or State prepares final RA report 12

13 Recalculating LTRA Duration Policy on Recalculating the Long-Term Response Action (LTRA) Ten-Year Time Period» OSWER Directive (July 2006) HQ consultation required to recalculate LTRA clock Generally not affected by:» Optimization, remedy changes expected to achieve goal faster/cheaper» ARAR changes that do not trigger fundamental change May be affected by:» Previously unidentified contaminant, generally requiring a fundamental change to the remedy, or a natural disaster that requires rebuilding 13

14 EPA-Funded Repairs During O&M Directive on Paying for Remedy Repairs or Modifications during the State Funded Period of Operation and Maintenance (O&M)» OSWER Directive (April 2007) HQ consultation required to fund O&M repairs May be affected by:» Latent design or construction defect that affects protectiveness» New, previously unidentified contaminant requires a fundamental change to the remedy (ROD Amendment)» ARAR change that cannot be met by current system Generally not affected by:» Natural disaster that requires rebuilding 14

15 Lessons Learned Do not wait until years 9 or 10 of LTRA to begin discussing the transition to O&M Do not forget to make O&F determinations for RP-lead actions. Do not wait until year 10 of LTRA to discuss whether other more economical, yet equally protective remedies, should be considered. There is no snooze button on the LTRA clock. If fundamental changes to the remedy are necessary, it may be considered a separate action with a separate LTRA clock. 15

16 References EPA s Post-construction website Transfer of Long-Term Response Action (LTRA) Projects to States (July 2003, OSWER FS) Operation and Maintenance in the Superfund Program (May 2001, OSWER FS) 16

17 Contact Information Tom Short U.S. EPA, Region 5, Chicago BUT I D REALLY RECOMMEND YOU CALL YOUR REGIONAL COUNTERPARTS 17