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Institutional Controls LTS “Framework” EPA Post-ROD Authority State and Tribal Government Working Group March 14, 2002 PowerPoint PPT Presentation


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Institutional Controls LTS “Framework” EPA Post-ROD Authority State and Tribal Government Working Group March 14, 2002. Institutional Controls. Guidance IC Tracking System IC Data Collection Pilot Information Collection Request Workshops 50-State Study “One-Call” Pilots

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Institutional Controls LTS “Framework” EPA Post-ROD Authority State and Tribal Government Working Group March 14, 2002

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Institutional controls lts framework epa post rod authority state and tribal government working group march 14

Institutional ControlsLTS “Framework”EPA Post-ROD AuthorityState and Tribal Government Working GroupMarch 14, 2002


Institutional controls

Institutional Controls

  • Guidance

  • IC Tracking System

  • IC Data Collection Pilot

  • Information Collection Request

  • Workshops

  • 50-State Study

  • “One-Call” Pilots

  • IC Privatization Pilot


Institutional controls guidance

Institutional Controls:Guidance

  • “A Site Manager’s Guide to Identifying, Evaluating and Selecting ICs”

    • Completed: September 2000

  • “Guide to Implementing, Monitoring and Enforcing ICs”

    • Second Regional Review: Spring 2002

  • “ICs and Communities”

    • Draft: Summer 2002

  • Developing IC Implementation Plans

    • Draft: Fall 2002

  • Developing Full Life-Cycle Cost Estimates for ICs

    • Draft: Spring 2003


Institutional controls tracking system objectives

Institutional Controls:Tracking System Objectives

  • EPA developing system to track entire life-cycle of ICs

    • Selection

    • Implementation

    • Monitoring

    • Reporting

    • Enforcement

  • GIS Map based

  • Web-enabled for stakeholder access to information


Institutional controls tracking system objectives cont

Institutional Controls:Tracking System Objectives (Cont.)

  • Linked to:

    • Other EPA programs

    • Other Federal Agencies

    • States

    • Tribes

    • Local Government


Institutional controls tracking research

Institutional Controls:Tracking Research

  • Nine EPA databases

  • 10 Regions

  • Other Federal Agencies

    • DoD

      • Army

      • Navy

    • DOE

  • States

    • California

    • Illinois

    • Maryland

    • Minnesota

    • New Jersey

    • Washington

    • Wisconsin


Institutional controls data collection form

Institutional Controls:Data Collection Form

  • From research, developed a list of data elements

    • Basic Site Information

    • ICs Instrument Selection as Specified in the Decision Document(s)

    • ICs Implementation

    • ICs Monitoring

    • ICs Enforcement

    • IC Costs

    • IC Trends, Additional Information


Institutional controls data collection pilots

Institutional Controls:Data Collection Pilots

  • Conducted data collection pilots using data elements form

  • Surveyed 72 sites in Regions 3 and 5 to determine:

    • What IC information is actually available

    • Where we would have to go to get it

    • What form the data is in

    • What does it cost to get it

    • Evaluate feasibility/methods of data gathering

    • Refine data elements


Institutional controls data collection pilots cont

Institutional Controls:Data Collection Pilots (cont.)

Preliminary results:

  • Data not where we expected

  • How deed notices are organized varies considerably

  • Very few “tracking” systems – mostly filing systems

  • Very little IC information post selection

  • ICs often assigned to the whole parcel

  • Imprecise language problematic

  • Little routine monitoring - based on reported problems


Institutional controls workshops conferences

Institutional Controls:Workshops/Conferences

  • Completed IC Workshops

    • February 2001 (San Antonio)

      • Identify high priority issues for October Conference

    • October 2001 (Santa Fe)

      • Workgroups worked on Model language, IC Tracking, IC Costs, IC Implementation Plans and ICs and Communities

  • Planning IC Tracking Meeting – Summer 2002

  • Planning National IC Conference – Spring 2003


50 state study

50-State Study

  • ELI updating the 50-State Study

  • Preliminary Findings regarding ICs

    • 41 States have stewardship programs

    • 41 States report using ICs

    • 24 States report having an IC Tracking System

    • 20 States make the tracking system information available to the public


Institutional controls information collection

Institutional Controls:Information Collection

  • Developed an Information Collection Request Survey

    • First Federal Register Notice in October 2001

    • Plan to send to States and Tribes, other Federal Agencies and 200 local agencies

    • Gather data on IC Tracking Systems and IC Costs

    • Develop interest in a national IC Tracking Network


Institutional controls one call pilots

Institutional Controls:One Call Pilots

  • Coordinate with IC tracking system

    • One-Call, Miss Utility, Dig Safe, Blue Stake

    • Notify excavators of environmental contamination

    • Working on Pilots in Region 1, 3, and 5.

    • EPA cross-program advisory committee

      • Superfund, RCRA, UST, OSRE, OGC, Brownfields, Federal Facilities


Institutional controls guardian trust pilot

Institutional Controls:Guardian Trust Pilot

  • EPA HQ, Region 3, State of Pennsylvania and MGP Partners

    • Research the viability of a “private trust” for long-term stewardship of ICs

    • Establish non-profit trust

      • Trust inspects/monitors and reports on ICs

      • Assumes liability for IC breaches

      • Research conducted over past 4 months


Lts framework

LTS “Framework”

  • EPA began developing draft LTS “framework” guidance last year

  • Need for such a document unclear

    • EPA guidance on O&M, Five-Year Reviews

    • DOE, ECOS initiatives

  • Effort “on hold”


Post rod authority

Post-ROD Authority

  • DoD contesting EPA post-ROD authority and role at NPL sites

  • EPA has directed Regions to approve DoD RODs only if they adequately address monitorng, enforcement, reporting about land use controls

  • About 25 RODs being held up by dispute

  • EPA and DoD using Langley AFB ROD to resolve issue

    • Dispute resolution process now underway


Questions

Questions?

Murray Newton

Federal Facilities Restoration

and Reuse Office

M/C 5106

1200 Pennsylvania Avenue, NW

Washington, DC 20460

202/260-2856

[email protected]


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