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BACKGROUND
Uncontrolled disposal of industrial waste creates adverse impacts on public health and the environment. Materials that may constitute a hazardous waste include petroleum products, pesticides, organic compounds, heavy metals, or other compounds injurious to human health and the environment. At uncontrolled or abandoned hazardous waste sites, pollutants can seep into the ground, flow into rivers and lakes, and contaminate soil and groundwater.
Contaminated sites may be encountered during transit projects that involve construction, such as the development of a light rail line or building of a maintenance facility. The nature and extent of contamination can vary widely, and early detection, evaluation, and remediation of hazardous waste is essential to ensure minimization of project delays and protection of the environment.
Several federal laws have been established to ensure remediation of contaminated sites. These laws include the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or "Superfund"), the Resource Conservation Recovery Act (RCRA), the Oil Pollution Act (OPA) and the Underground Storage Tank (UST) program.
The Brownfields Initiative is an outgrowth of over two decades of efforts to manage contaminated properties and to implement CERCLA and RCRA. Brownfields are abandoned, idled, or underused industrial and commercial properties where improvement or redevelopment is complicated by real or perceived contamination. The Brownfields Economic Redevelopment Initiative, administered by the US Environmental Protection Agency (US EPA), provides assistance and incentives to states, local communities, and the private sector for the assessment, cleanup, and economic reuse of contaminated properties. The US Department of Transportation (USDOT) recently adopted a policy supporting the Brownfields Initiative by encouraging participation in transportation projects that include the use and redevelopment of contaminated sites, when appropriate.
FTA PROCESS
Generally, every project that includes the purchase of new right-of-way, excavation, and/or structure demolition or modification will require at least an initial site assessment to determine if there is any known or potential hazardous waste within the proposed project limits. The cleanup process for handling contamination generally follows the structure developed by US EPA for implementing CERCLA.
1) Preliminary Assessment: A preliminary assessment (PA) is designed to distinguish, based on limited data, between sites that pose little or no threat to human health and the environment and sites that may pose a threat and require further investigation. The site assessment should be conducted during the Environmental Impact Statement process, and should include review of US EPA's lists of hazardous waste sites as well as field surveys and reviews of past and present land use. These efforts should be coordinated with appropriate US EPA and state officials to ensure appropriate remedial efforts are undertaken. If hazardous waste is encountered during construction, the project must be stopped, and remedial action must be developed.
2) Site Inspection/Hazard Ranking Score (HRS): If the PA results in a recommendation for further investigation, a Site Inspection (SI) is performed. The SI identifies sites that have a high probability of qualifying for the National Priority List, a CERCLA-mandated listing of the most serious sites identified for possible long-term remedial response. SI investigators typically collect environmental and waste samples to determine what hazardous substances are present at a site. They determine if these substances are being released into the environment and assess if they have reached nearby targets. The SI can be conducted in one stage or two. The first stage, or focused SI, tests hypotheses developed during the PA and can yield information sufficient to prepare a Hazard Ranking System (HRS) scoring package. If further information is necessary to document an HRS score, an expanded SI is conducted.
3) Listing on National Priorities List (NPL)/Remedial Investigation: After a site is listed on the NPL, a remedial investigation/feasibility study (RI/FS) is performed at the site. The remedial investigation serves as the mechanism for collecting data to characterize site conditions; determine the nature of the waste; assess risk to human health and the environment; and conduct treatability testing to evaluate the potential performance and cost of the treatment technologies that are being considered. The FS is the mechanism for the development, screening, and detailed evaluation of alternative remedial actions. The RI/FS process includes scoping; site characterization; development and screening of alternatives; treatability investigations; and detailed analysis.
4) Record of Decision/Remedial Action: The Record of Decision (ROD) for sites listed on the NPL is created from information generated during the RI/FS. The ROD also considers public comments and community concerns. The ROD is a public document that explains which cleanup alternative, or alternatives, will be used to clean up a listed site. The remedial design/remedial action (RD/RA) is based on the specifications described in the (ROD). Remedial design is the phase of site cleanup where the technical specifications for cleanup remedies and technologies are designed. Remedial action involves the actual construction or implementation phase of a Superfund site cleanup following the remedial design phase.
FEDERAL STATUTES
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Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), (42 U.S.C. 9601, et seq) |
Provide for liability, compensation, cleanup, and emergency response for hazardous substances released into the environment and the cleanup of inactive hazardous waste disposal sites. |
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Superfund Amendments and Reauthorization Act |
CERCLA was amended by the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986. |
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Resource Conservation and Recovery Act of 1976 (RCRA), as amended, (42 U.S.C. 6901, et seq) |
Regulates the treatment, storage, transportation, and disposal of solid hazardous waste. Subtitle I establishes regulatory program that prevents, detects, and cleans up releases from underground storage tank systems (USTs) containing petroleum or hazardous substances. |
GUIDANCE
USEFUL LINKS
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