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Module 5: Remedial Action and Cleanup

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  1. Module 5: Remedial Action and Cleanup 1 2 3 4 5 5.1 Cleanup Requirements and Approach

  2. Cleanup Requirements and Approach • HUD Requirement for Cleanup • If, after contamination is identified in Phase II, parties still want to move forward, a cleanup will be required in accordance with 24 CFR 50.3(i)(1) and 24CFR 58.5(i)(2)(i) “It is HUD policy that all property proposed for use in HUD programs be free of hazardous materials, contamination, toxic chemicals and gasses, and radioactive substances, where a hazard could affect the health and safety of occupants or conflict with the intended utilization of the property.”

  3. Cleanup Requirements and Approach • Requirements differ depending on program • Part 50 Office of Housing (H) • Eliminate contamination to the point necessary to meet non-site-specific federal state and local health standards; No RBCA • No active or passive remediation • No caps or paving over • No monitoring wells • H in penultimate stage of allowing RBCAs

  4. Cleanup Requirements and Approach • Requirements differ depending on program • Part 50 other than H and Part 58 • Under Part 50: • RBCAs are allowed if health and safety of occupants is not affected • Part 58 • Level of cleanup is up to RE if health and safety of occupants is not affected

  5. Why Cleanup? • NEPA Requirement • HUD must evaluate and minimize impacts • HUD’s Mission • 1934 National Housing Act purpose to improve “housing standards and conditions”: first national minimum housing standards for properties and subdivisions. • Repeated in other legislation • “Decent safe, sanitary ‘. . . living environments” • “a decent home and a suitable living environment for every American family”

  6. Why Cleanup? • Reduces Financial Liability and Risk • If HUD acquires contaminated property due to default, it may be liable for damages from that property • Expensive cleanups may make mortgage payment difficult • Retains value of collateral • Maintains positive relationship with public

  7. Transition from Phase II to Cleanup • Understand the Exit before you Enter • Ground water problems usually take many months to years to reach regulatory acceptance • Additional studies are sometimes required to design cleanup • Some sites are subject to public comment • Final action may leave residual contamination, require monitoring, or limit future site use

  8. Transition from Phase II to Cleanup • Complexity = Uncertainty • Simple sites • Tanks – not leaking • Petroleum spills on surface • Shallow soil only • Limited extent • Complex sites • Leaking tanks • Solvents, metals or mixed contaminants • Ground water, sediments, surface water • Deep contamination • Large area • Offsite migration of contamination

  9. Cleanup Types • Clean Closure • Remove hazardous material to background or analytical limits • Low residual liability • End point very clear • Can be very expensive • Risk-Based Cleanup • Mitigate conditions or remove contaminants to an acceptable level based on potential exposure to humans and the environment • Most states use risk-based approach to set cleanup levels • May require long term management

  10. Clean Closure Cleanup Examples • Heating Oil Tank Removal (not leaking) • Remove tank, piping and contaminated soil from surface spills • Drainage Ditch • Remove stained soil • Sump or Oil/water Separator • Remove structure, sludge and adjacent soil

  11. Risk-Based Cleanup (RBC) Basics • Principle • Chemicals present a risk only if humans or animals are exposed to them • Acceptable risk levels are determined by regulatory agencies based on • Cancer risk • Toxic risk • Final cleanup decisions are based on reaching an acceptable level of risk for the site

  12. Source UST Pathway Receptors Key Components of RBC • Source (concentration of chemical) • Pathway (how the chemical reaches humans) • Ground water – Ingestion from drinking, inhalation during bathing, skin absorption, inhalation from vapor intrusion into buildings • Soil – Ingestion, inhalation of particles, inhalation from vapor intrusion into buildings, skin absorption • Receptor (who is exposed) • Resident adults and children • Occupational workers • Construction or maintenance workers

  13. RBC Process - A Tiered Approach • Tier 1 • Comparison to conservative standards • Example - EPA Region III or VI Risk-Based Screening Values (RBCs) • Tier 2 • Comparison to site specific target levels - developed from site conditions and land use activities • Tier 3 • Baseline Risk Assessment - evaluates overall site risk from all chemicals across all pathways Note – EPA Region IX PRGs are no longer updated

  14. Risk-Based Cleanup (RBC) Basics • Common Tools to Reduce Risk • Source Control • Removal • Containment • Reduction • Engineering Controls • Institutional Controls

  15. Engineering Controls • Definition: Physical technologies implemented to minimize the potential for human exposure to contamination by means of control or remediation (EPA) • Any mechanism used to contain or stabilize contamination that ensures the effectiveness of a remedial action. • Acts as a physical barrier between contamination and human contact and the environment.

  16. Engineering Controls • Examples • Caps • Soil/Vegetated • Asphalt/Concrete • RCRA D Engineered Multilayer • Building Footprint • Fences, Signs and Bollards • Vapor Barriers • Ground Water Containment

  17. Institutional Controls • Definition: Non-engineered instruments such as administrative and/or legal controls that minimize the potential for human exposure to contamination by limiting land or resource use (EPA) • Generally used to supplement or ensure effectiveness of engineering actions • Long term responsibility for ensuring compliance shared by site and governments • Comprehensive reference:

  18. Institutional Controls • Examples • Governmental Controls • Zoning restrictions, ordinances, statutes, building permits • Proprietary Controls • Property easements and covenants, “deed restrictions” • Enforcement and Permit Tools – CERCLA/RCRA • Informational Devices – state contaminated site registries, deed notices, hazard notices

  19. Risk-Based Cleanup (RBC) Cleanup Examples • Underground Storage Tank Site (leaking) • Soil up to 500 ppm is allowed to remain where parking lot will be constructed (no direct contact with soil) • Floating oil on ground water is removed to thickness of ½ inch because area is on city water (no ground water use) • Drainage Ditch • Area will be fenced off as part of new development (no receptors) • Sump or Oil/Water Separator • Remove sludge only. Soil contamination is below sump (8 feet) and does not reach ground water (no direct contact or future ground water risk)

  20. Module 5: Remedial Action and Cleanup 1 2 3 4 5 5.2 Remedial Action Process

  21. Remedial Action Process • Define - volume and cleanup goals • Evaluate - identify and validate the best cleanup options, evaluate costs and risks • Design – detailed plan for implementation, select vendors, optimize operations • Implement - conduct the cleanup • Verify – did the action meet the goals? • Closeout – receive final regulatory approval An accelerated process is usually available for petroleum and other common contaminants

  22. Remedial Action Process • Define Volume and Cleanup Goals • Goals defined in Phase II or Risk Assessment • Volume depends on cleanup standard Ex: 50 yds3 @ 500 ppm but 500 yds3 @ 100 ppm • Soil only? Ground water? Sediment? Under building? • Evaluate Possible Cleanup Method(s) • Identify options • Screen against criteria (effectiveness, implementability, reliability, cost) • May require pilot tests to verify and optimize • Two or more methods may be used • Or use approved presumptive remedy

  23. Remedial Action Process • Design Remedial Action and Determine Cost • Select the cleanup method(s)* • Engineering design, schedules, permits • Request and review bids • Finalize cost and schedule • Implement Cleanup • GW – install and shakedown equipment, inject, extract, install barriers, monitor • Soil – prepare site, remove soil, stage soil for treatment or removal, verify removal, backfill • Vapor – install barrier, vapor removal systems *Generally requires a state approval

  24. Remedial Action Process • Verify Cleanup Has Met Goals • Sample sides and bottom of excavation before backfilling • Sample treated soil • Monitor ground water (usually multiple rounds) • Closeout and Regulatory Approval • Submit final report with verification of completion • Comply with permit conditions or deed registrations • Receive confirmation and approval from regulators

  25. Module 5: Remedial Action and Cleanup 1 2 3 4 5 5.3 Remedial Plan Review

  26. Remedial Plan Review • Objective - Ensure that the proposed remediation will be successful and cost effective • Does the remedial action meet HUD requirements and project needs without future risk? • HUD Guidance for cleanup end points • Risk Types • Financial Risk • Project Completion Risk • Public Perception Risk

  27. Remedial Plan Review • Remedial Action Plan should include: • Background and Site Conditions • Conceptual Site Model • Media and Areas of Contamination • Remedial Objectives • Remedial Approach • Schedule

  28. Remedial Plan Review • Is the plan complete? • Are all concerns identified in earlier phases fully addressed? Phase 1 Apartment buildings used heating oil – tanks not located Phase 2 Confirmed one leaking tank next to building with soil contamination at water table RAP Remove tank and contaminated soil outside building What about under the building? Is there water contamination? Are there other tanks?

  29. Remedial Plan Review • Soil Considerations • What is left after the cleanup? • Residual contamination • Non-hazardous wastes (wood, debris) • Hole (safety/public nuisance) • Clean fill – is it? • Soil quality (sterile soil, boulders, compaction)

  30. Remedial Plan Review • Ground Water Considerations • Will contaminants come back? • Rebound is a common and expected occurrence • Timing • How long will it take to reach goals – not linear

  31. Remedial Plan Review • Is the schedule reasonable? • Common schedule killers • Approvals (permits, funding cycles, reports) • Weather (saturated or frozen ground, wind) • Unexpected conditions (extent of contamination, obstructions, level of contamination) • How does cleanup schedule fit with other site activities? • Funding • Demolition • Site prep and staging

  32. Module 5: Remedial Action and Cleanup 1 2 3 4 5 5.4 Contracting and Cost Evaluation

  33. Contracting and Cost Evaluation • Is There Contract Performance or Financial Risk? • Contractor and subcontractor qualifications • Established reputable and licensed firm (references) • Bonding • Have they use the technology before? • What type of contract is it (unit price w/cap, FFP, incentive, GFPR/PBC) • What Does the Contract Cover? • Permits, backfill, equipment, and material removal • Uncertainties in quantities (unit price or fixed price) • Uncertainties in schedule

  34. Contracting and Cost Evaluation • Is the Cost Reasonable? • Too low – risk of non-performance or incomplete work • Too high – project feasibility is at risk • Cost Comparison Resources • Many vendors provide free or online estimates • Complex projects may require a third party review • Federal Remediation Technologies Roundtable • Case studies with costs • Cost estimating software

  35. Module 5: Remedial Action and Cleanup 1 2 3 4 5 5.5 Verification and Closeout of Remedial Actions

  36. Verification and Closeout Understand the Exit Before You Enter! • Success requires clear, written goals • Must have regulatory and stakeholder concurrence • Know when you are done

  37. Verification and Closeout • Know what you have when you are done • Certificate • De-listing • PE or Licensed Professional Opinion • Liability Waiver • Restrictions/Instruments • Future land use (multifamily or commercial only) • Limits on excavation depths or basements • Title or deed restrictions