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Appendix A: Key Long-Term Stewardship Themes Gathered from Other Agencies and Groups

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The following themes were compiled from various reports and studies conducted on long-term stewardship and represent a collective set of goals or objectives from numerous public and private organizations. Therefore, these themes reflect an ideal set of goals that may not be applicable for every situation under each of EPA's cleanup programs.

The full set of source information for the themes below can be found in Appendix B: Long-Term Stewardship Studies and Initiatives.

Roles and Responsibilities

Theme: Long-term stewardship must be a part of the remedial decision making, planning, design, and implementation processes. (Memorandum of Understanding on Long-Term Stewardship; April 9, 2003)

Theme: A mechanism for re-evaluating prior long-term stewardship decisions should be incorporated into cleanup programs. (Memorandum of Understanding on Long-Term Stewardship; April 9, 2003)

Theme: Roles and responsibilities of those funding, implementing, monitoring, and enforcing LTS responsibilities must be clearly articulated, understood, accepted, and documented at the outset. Consideration should be given for succession of replacements should original stewards no longer function. (ASTSWMO White Paper; "Institutional Controls and Long-Term Stewardship: Where Are We Going?"; May 20, 2004)

Theme: State, Tribal, and local governments should be involved in decisions affecting their roles and responsibilities in carrying out LTS activities, and evaluating the capabilities of those who are expected to carry out LTS activities. (Memorandum of Understanding on Long-Term Stewardship; April 9, 2003)

Theme: Members of the public and other affected stakeholders should be meaningfully involved in the planning and implementation of long-term stewardship activities. (Memorandum of Understanding on Long-Term Stewardship; April 9, 2003)

Information Management

Theme: Comprehensive information management systems are needed to effectively manage long-term stewardship responsibilities. (U.S. DOE Long-Term Stewardship Study, Volume 1 Report; October 2001)

Theme: Information on long-term stewardship needs to be managed and coordinated across different levels of government. (U.S. DOE Long-Term Stewardship Study, Volume 1 Report; October 2001)

Theme: Information maintained on long-term stewardship responsibilities should be widely distributed and accessible to all stakeholders, including the public, to communicate risks and safeguards, support accountability mechanisms, and instill institutional memory. (State and Tribal Government Working Group Interim Report on Information Management for Long-Term Stewardship; October 2001)

Institutional/Engineering Controls

Theme: Institutional and engineering controls must assure the ongoing protection of human health and the environment for sites with residual contamination for as long as residual contamination remains hazardous or until a reliable substitute can be implemented. (Memorandum of Understanding on Long-Term Stewardship; April 9, 2003)

Theme: Institutional controls should be clearly defined and unambiguous. (ASTSWMO White Paper; "Institutional Controls and Long-Term Stewardship: Where Are We Going?"; May 20, 2004)

Theme: Multiple levels of control and layers are desirable for any institutional control program. (U.S. Army Corps of Engineers Guidance; "Recurring Reviews on Ordnance and Explosives Response Actions"; October 2003)

Theme: Institutional controls should have a firm legal basis that makes them enforceable by persons responsible for and capable of enforcement. (ASTSWMO White Paper; "Institutional Controls and Long-Term Stewardship: Where Are We Going?"; May 20, 2004)

Theme: Institutional controls should run with the land and be free from archaic common law defenses. (ASTSWMO White Paper; "Institutional Controls and Long-Term Stewardship: Where Are We Going?"; May 20, 2004)

Theme: Institutional controls should be designed to allow maximum reuse of the land consistent with protection of human health and the environment. (ASTSWMO White Paper; "Institutional Controls and Long-Term Stewardship: Where Are We Going?"; May 20, 2004)

Theme: Systems should be in place that provide for regular monitoring and inspection to ensure LTS mechanisms and activities work as designed. (ASTSWMO White Paper; "Institutional Controls and Long-Term Stewardship: Where Are We Going?"; May 20, 2004)

Theme: Long-term stewardship oversight functions should extend over the lifetime of the contamination hazard and be able to span generations. (ASTSWMO White Paper; "Institutional Controls and Long-Term Stewardship: Where Are We Going?"; May 20, 2004)

Theme: Long-term stewardship programs should be dynamic and continually evaluate and adjust based on new information on site conditions or new technologies for cleanup and effectiveness of existing LTS activities. (U.S. DOE; "Long-Term Stewardship Planning Guidance for Closure Sites")

Theme: Assurance strategies and/or contingency plans should be considered and developed in the event of long-term stewardship failure. (Environmental Law Reporter, "Institutional Controls or Emperor's Clothes? Long-Term Stewardship of the Nuclear Weapons Complex"; November 1998)

Costs and Funding

Theme: Comprehensive life-cycle costs for long-term stewardship should be identified, understood, and incorporated into the remedy decision-making process. (Memorandum of Understanding on Long-Term Stewardship; April 9, 2003)

Theme: The amount, source, and mechanism for securing the necessary funding to manage long-term stewardship activities must be identified and found acceptable before selecting a remedy. (Memorandum of Understanding on Long-Term Stewardship; April 9, 2003)

Theme: The funding source for long-term stewardship responsibilities must be secure and sustainable. (Environmental Law Reporter, "Institutional Controls or Emperor's Clothes? Long-Term Stewardship of the Nuclear Weapons Complex"; November 1998)

Theme: Those entities with the financial capabilities and incentive to maintain, monitor, and enforce ICs should fund them. (U.S. Army Corps of Engineers Guidance; "Recurring Reviews on Ordnance and Explosives Response Actions"; October 2003)

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