Module 5: Remedial Action and Cleanup

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Module 5 Remedial Action and Cleanup
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5.1
Cleanup Requirements and Approach
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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.

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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

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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

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Why Cleanup?

• NEPA Requirement
• HUD must evaluate and minimize impacts
• HUDs 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

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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

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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

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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

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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

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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

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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

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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

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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

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Risk-Based Cleanup (RBC) Basics

• Common Tools to Reduce Risk
• Source Control
• Removal
• Containment
• Reduction
• Engineering Controls
• Institutional Controls

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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.

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Engineering Controls

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

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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 http//www.lucs.org/

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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

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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)

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Module 5 Remedial Action and Cleanup
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5.2
Remedial Action Process
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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

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Remedial Action Process

• Define Volume and Cleanup Goals
• Goals defined in Phase II or Risk Assessment
• Volume depends on cleanup standard
• Ex 50 yds3 _at_ 500 ppm but 500 yds3 _at_ 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

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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

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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

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Module 5 Remedial Action and Cleanup
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5.3
Remedial Plan Review
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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

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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

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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?
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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)

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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

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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

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5.4
Contracting and Cost Evaluation
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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

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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
  http//www.frtr.gov/
• Case studies with costs
• Cost estimating software

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5.5
Verification and Closeout of Remedial Actions
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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

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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