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Appendix B: Long-Term Stewardship Studies and Initiatives

Table of Contents

One Cleanup Program Long-Term Stewardship Task Force: Summary of Long-Term Stewardship Activities and Key Documents

The following is a compilation of studies, reports, and initiatives that were identified by the LTS Task Force during its discussions on long-term stewardship challenges. The Task Force recognizes that this list reflects only a portion of the entire body of work that government and non-government organizations have developed to address the various aspects of LTS. Although this list may not be complete, the intent is to identify some of the key players and their efforts to date, which may lead to an increased understanding of, and greater collaboration to address, the challenges associated with LTS.

 

Organization & Initiative/Study/Report Scope & Summary Status/Contact
Information
General/Cross-Cutting
1. U.S. EPA, DoD, DOE, DOI, and Environmental Council of States (ECOS)

Memorandum of Understanding on Long-Term Stewardship

The purpose of this MOU is to provide a common understanding and basis for discussion and coordination between ECOS and relevant Federal agencies regarding LTS. Given that there are multiple Federal agencies conducting both cleanup and stewardship activities, a coordinated effort is needed to address LTS at these sites. Such a forum provides an opportunity for the parties to discuss LTS issues, policies, procedures, coordination mechanisms, and generally applicable tools for LTS sites. The MOU provides a definition of LTS, guiding principles, and key elements or components of LTS. MOU signed by ECOS, EPA, DoD, DOE, and DOI on April 9, 2003

Contact: TBD

2. U.S. EPA/OSWER

Post-Construction Completion Strategy for Superfund Sites

This document outlines EPA Superfund's strategy for post-construction completion (PCC) at NPL sites. The PCC Strategy is a management framework to aid the Agency in resource and work planning. It provides information to Agency staff, the public, and the regulated community on how the Agency intends to manage the PCC stage of the Superfund program. The PCC Strategy established five overarching goals under which specific products are planned or underway, based on need, potential impact, resources, and other program priorities. Under development

Contact: Tracy Hopkins, (703) 603-8788, hopkins.tracy@epa.gov

3. U.S. Department of Energy

"Long-Term Stewardship Planning Guidance for Closure Sites"

Guidance provides the rationale and framework for planning LTS activities. The stated goals of the LTS planning guidance are to: focus management on post-closure requirements before cleanup is complete; facilitate development of a baseline scope, schedule, and cost for LTS; facilitate transition of sites and LTS responsibilities; and provide a mechanism to ensure continued protectiveness of remedies. Report completed

Contact: TBD

4. U.S. Department of Energy

"Long-Term Stewardship Study Volume 1 - Report"

The study describes and analyzes issues and a variety of information associated with long-term stewardship, including physical controls, institutions, information, and other mechanisms needed to ensure protection of people and environment. The purpose of the study is to identify programmatic and cross-cutting issues and information that DOE should consider while implementing its LTS activities. Specific areas addressed in the study include: managing residual site hazards; managing land and real property; maintaining sustainability of LTS over multiple generations; information management; funding and financial management; and public involvement. Final Study published October 2001

Contact: TBD

5. U.S. Department of Energy

Report: "From Cleanup to Stewardship"

This background report provides a national summary of the nature and extent of DOE's current and anticipated LTS needs. It also examines some of the issues, challenges, and barriers associated with the transition from cleanup to long-term stewardship. Final report published October 1999

Contact: TBD

6. Rocky Flats Stewardship Working Group

The Rocky Flats Stewardship Toolbox: Tools for Long-Term Planning

Report provides an analytical matrix designed to help decisionmakers ensure that long-term stewardship requirements are thoroughly considered during the remedy selection process. The toolbox is divided into six components of LTS analysis: physical controls; institutional or administrative controls; operational and performance monitoring and maintenance; information management; periodic assessment; and maintenance by a responsible controlling authority. Toolbox only marginally addresses issue of cost, and recommends that Federal agencies revisit and improve upon how life-cycle costs are calculated. Final Report issued June 2002

Contact: TBD

7. ECOS Long-Term Stewardship Subcommittee

Interagency Dialogue: Improve Consideration of LTS in the Remediation Process

The ECOS LTS Subcommittee has been charged with addressing LTS issues for ECOS across all relevant Federal agencies and programs. The Subcommittee is coordinating its internal efforts among relevant ECOS Forums and Committees, and is also coordinating with other State executive business organizations. ECOS is interested in assuring that LTS issues are identified early and considered throughout the remedial planning, design, and implementation process. ECOS has proposed that a dialogue be held among interested governmental partners to mutually define how the current processes for considering LTS can be accelerated and improved. ECOS' LTS Subcommittee has been inactive due to funding constraints (currently waiting for EPA funding). If funding from EPA comes through, it will work on a project to develop a case study of sites to formulate LTS standards. The Subcommittee will primarily focus on Federal Facility sites, but will also address non-Fed Facility sites. (Sites have not been selected yet).

Contact: Carolyn Hanson, LTS Subcommittee, 202-624-3660; or
R. Steven Brown, Executive Director, sbrown@sso.org

8. Resources for the Future

Report: "Long-Term Stewardship and the Nuclear Weapons Complex: The Challenge Ahead"

The purpose of the report is to stimulate discussion about the need for long-term stewardship at the sites in the nuclear weapons complex. Included are the key functions of a long-term stewardship program and important institutional issues that must be addressed to develop a successful LTS program, including a pros and cons discussion of several institutional alternatives for carrying out stewardship activities. The report also presents recommendations to address the challenge of LTS at nuclear weapons sites. Final Report published ____

Contact: Kate Probst

9. National Environmental Policy Institute

Report: "Rolling Stewardship: Beyond Institutional Controls: Preparing Future Generations for Long-Term Environmental Cleanups"

Report addresses issues affecting the long-term stewardship of contaminated waste sites by posing point-counterpoint discussion of issues, and suggests next steps for policy makers to consider as they formulate solutions at the national, State, and local level. Key issues include national infrastructure to manage post-cleanup care; tailoring the Federal role; balancing Federal mandates with local/private land use controls; compiling stewardship sites and tools; funding; and identifying the universe of sites and matching solutions. Final Report issued December 1999

Contact: TBD

10. Environmental Law Institute (ELI) and Energy Communities Alliance (ECA)

Study on Practical Implementation of LTS

ELI and ECA have initiated a project to analyze the practical implementation of the legal authorities available to the local governments, States, DOE, EPA, and citizens to implement long-term stewardship activities at DOE facilities. ELI and ECA will focus on the following issues: Federal Statutes and Regulations; Zoning Law and Procedures; State Constitutions; Title Insurance; State Statutes and Regulations; Title Searches and Reporting Procedures; Local Ordinances and Permits; DOE, EPA, NRC Guidance; and Local Real Estate Practices. ELI and ECA will review these specific issues and the legal tools available to implement LTS at two DOE facilities. Further, ELI and ECA will interview key real estate professionals and State and local government officials to develop a "how-to" guide for each site. These two case studies and the process utilized to identify the tools available to implement LTS will be instructive for local, State, and Federal governments and citizens and ensure that each party understands the authority, practical implementation, and limits of the legal tools when selecting remedies at sites. Under development.

Contact: Seth Kirshenberg, Executive
Director, sethk@energyca.org

11. Guardian Trust

Pilot Study

The Guardian Trust is an outgrowth of a pilot study funded by the U.S. EPA and the Pennsylvania Department of Environmental Protection. Also participating in the study were the United States Navy, the Maryland Department of the Environment, and the California Environmental Protection Agency. The pilot study looked at innovative approaches to solving problems associated with land use and engineering controls at sites where contamination remains behind after the initial clean up. The vast majority of all environmental clean ups use risk-based methods. Guardian Trust Pilot Study issued February 2002

Contact: TBD

12. Environmental Financial Advisory Board (EFAB)

Report: "Protecting America's Land Legacy: Stewardship Policies, Tools, and Incentives to Protect and Restore America's Land Legacy"

This report discusses general land stewardship practices and ethics in terms of protecting "America's Land Legacy." In this report, EFAB defines stewardship, lays out guiding principles and a framework for planning a nationwide approach to stewardship. EFAB examines the tools and policies currently affecting stewardship practices and ethics, as well as the economic incentives involved. The report concludes with a series of recommendations for the Administrator of EPA. The report focuses primarily on pollution prevention and only marginally addresses long-term stewardship issues. Final Report published February 2003

http://nepis.epa.gov/
Exe/ZyPURL.cgi?Dockey=P100DPTL.txt

13. Environmental Law Reporter

Article: "Institutional Controls or Emperor's Clothes? Long-Term Stewardship of the Nuclear Weapons Complex"

The article discusses the challenges that DOE faces in developing an effective LTS program, and presents findings on legal limitations and other barriers to effective LTS, including the failure to establish the types of institutions needed to manage long-lived wastes. Article concludes that existing ICs are not likely to be effective over time, and advocates the development of new legal instruments, procedures for current decisionmaking, and stewardship institutions. Article published November 1998

Document reference: 28 ELR 10631

14. U.S. Department of Energy

"Legacy Management Strategic Plan"

This strategic plan explains the responsibilities of the DOE Office of Legacy Management and outlines a comprehensive management plan for all environmental and human legacy issues. Strategic plan completed July 2004

Contact: TBD

NOTE: Submitted by Arizona DEQ

Roles and Responsibilities
15. U.S. EPA/OSWER

Guidance for Community Involvement in Institutional Controls
EPA is developing guidance on the role of communities in monitoring and enforcing institutional controls implemented at sites. EPA has held several workshops on IC issues, including the topic of community involvement in the IC process. Workshop participants provided recommendations, which are captured in the meeting summaries. Under development

Contact: Mike Bellot, (703) 603-8905,
bellot.michael@epa.gov

16. State and Tribal Government Working Group (STGWG)

Study on Land Transfers in the DOE

STGWG's Long-Term Stewardship Committee tracks DOE and other efforts to address long-term stewardship issues and contributes to the dialogue and information associated with these issues on behalf of STGWG and its members. The STGWG LTS Committee conducted surveys and investigations of selected land transfers, developed findings on such issues as responsibility for long-term controls, and developed recommendations for DOE improvements in area of land transfer and long-term stewardship. Study completed October 2001

Contact: TBD

17. ELI and ECA

The Role of Local Governments in Long-Term Stewardship at DOE Facilities

In this report, ELI and ECA examine how local governments are only beginning to develop the capacity to apply their experience to the highly specialized types of environmental hazards that DOE leaves behind. The report presents the results of in-depth studies of the existing and planned roles and capabilities of local governments with respect to LTS at three DOE facilities. The report provides recommendations for how DOE and local governments should work together to address LTS issues. Final report issued 2001

Contact: TBD

18. International City/County Management Association (ICMA)

Report: "Striking a Balance: Local Government Implementation of Land Use Controls"

This report highlights the best practices, strategies, and lessons learned from a peer exchange between local government officials from Louisville- Jefferson County, Kentucky, and Chautauqua County, New York, in which they shared information about the challenges they face and the strategies they employ to address land use controls in their communities. The report takes an in-depth look at land use controls and the challenges and opportunities that local governments and other public and private stakeholders face in maintaining them. It also addresses such issues as design and implementation of land use controls, stakeholder coordination, information management, enforcement, and funding. Final. November, 2003.

Contact:
Danielle Miller Wagner
Director, Brownfields Program
ICMA
777 North Capitol Street, NE
Suite 500
Washington, D.C. 20002-4201

http://icma.org/en/icma/knowledge_network/
documents/kn/Document/6213/Striking_a_Balance_Local_
Government_Implementation_of_Land_Use_Controls_
Strategies_from_the_2003_Bro
Link to EPA's External Link Disclaimer

19. Energy Communities Alliance (ECA)

Interagency policy meetings

ECA members conduct peer meetings to discuss the potential role of local governments in long-term stewardship at DOE facilities. ECA held its first meeting in Grand Junction, Colorado and plans to hold at least two additional meetings to scope out the specific roles at specific sites. This study should educate local governments on long-term stewardship issues, educate State and Federal government officials on the potential role of local governments when selecting remedies, and ensure that local, State and Federal government officials communicate on these important issues that impact local communities. ECA also believes that one of these meetings would be a joint State and local government meeting. ECA held a peer meeting in Santa Fe to bring together local government and DOE officials to voice concerns about LM and LTS. A summary and next steps are currently being developed. ECA is also holding an intergovernmental meeting with DOE officials in DC in early November. The meeting will focus on LM and LTS, although the product of meeting is uncertain considering possible administration change. ECA's policy statement on Environmental Remediation and Long-Term Stewardship can be found at http://www.energyca.org/
PDF/ECA2004policystatements.pdf
Link to EPA's External Link Disclaimer

Contact: Sara Szynwelski, Assistant Program Manager, saras@energyca.org

Information Management
20. U.S. EPA/OSWER

Institutional Controls Tracking System (ICTS)

EPA is currently developing and populating ICTS, a web-based system with a mapping component that tracks the life-cycle of ICs and allows for data sharing with stakeholders. The system is being developed in two phases, with the first focusing on collecting and maintaining basic IC information and the second expanding to include more detailed information and data exchange capabilities. Under development

Contact: Mike Bellot, (703) 603-8905
bellot.michael@epa.gov

21. U.S. EPA/OSWER

IC Data Element Registry (DER)

EPA has drafted the IC DER as a tool to facilitate the exchange of information among existing tracking systems using common language. EPA requested input from 300 organizations within various levels of government, and organized and facilitated a series of focus groups with each stakeholder group to identify the data categories that are most important to each. To develop a common language for sharing IC information, a data element registry was developed from the resulting 35 data categories. Draft, under development; circulating for comment before finalizing

Contact: Mike Bellot, (703) 603-8905,
bellot.michael@epa.gov

22. U.S. EPA/OSWER

IC Data Sharing Pilot

EPA Headquarters, in collaboration with EPA Region 9, Terradex, and California local land use agencies, is conducting an IC data sharing pilot project. Through the pilot, IC information will be shared among the partners to provide increased public protection and to promote site redevelopment through the monitoring of ICs and informed land use decisions. Ongoing

Contact: Mike Bellot, (703) 603-8905,
bellot.michael@epa.gov

23. Interagency Partnership

Institutional Controls Tracking Network Initiative

U.S. Navy has developed a land use control information system known as LUCIS, which is a Geographic Information System (GIS)-based database that houses environmental baseline surveys, GIS displays, site maps, deeds, and LUC summaries. Ongoing

Contact: TBD

25. U.S. Department of Energy

Report: "Managing Data for Long-Term Stewardship"

Report presents a preliminary assessment of how successfully information about the hazards that remain at DOE sites will be preserved and made accessible for the duration of LTS. Report addresses such issues as defining LTS data; how data will be used for future LTS activities; how data is managed and preserved for future generations; consequences of information loss; organization and references for stewardship data; and requirements for developing a system to manage stewardship data. Working draft report issued in 1998; final report unknown

Contact: TBD

26. State and Tribal Government Working Group

Interim Report on Information Management for Long-Term Stewardship

STGWG's Long-Term Stewardship Committee tracks DOE and other efforts to address long-term stewardship issues and contributes to the dialogue and information associated with these issues on behalf of STGWG and its members. The STGWG LTS Committee conducted a survey of state and tribal governments to determine the scope of potential long-term stewardship information needs, including identifying and ranking the importance of the types of information needed, potential users of information, and purposes for which information would be needed. Survey completed and interim report prepared October 2001. Follow-up study discussed to address data gaps.

Contact: TBD

27. International City/County Management Association

Land Use Controls e-Library Web Site

ICMA has launched a Web site dedicated to the collection and distribution of information related to land-use controls (LUCs) at brownfields, Superfund sites, military bases, or other contaminated properties. As a clearinghouse of information related to LUCs, the electronic library (e-Library) represents a tool and resource for communities and local government professionals. The e-Library contains a wide variety of information, including public and private LUCs, model LUCs, zoning codes, restrictive covenants and easements, and site reuse plans. Ongoing; see http://icma.org/en/results/sustainable_communities/home
sustainable_communities
Link to EPA's External Link Disclaimer

Contact: Joe Schilling

28. American Society of Testing and Materials (ASTM)

Workgroup for Identifying IC Tracking Data Elements

ASTM has formed a workgroup to consider options for developing an industry standard of minimal IC data elements to ensure long-term stewardship at sites. Preliminary discussions have identified the following six general categories of information: site identification/IC location; IC instruments; IC objectives; IC restrictions/obligations; location of other IC information; and IC contact information. Ongoing

Contact: TBD

Institutional and Engineering Controls
29. U.S. EPA/OSWER

Report "Institutional Controls: A Site Manager's Guide to Identifying, Evaluating, and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups"
Provides Superfund and RCRA site managers and other decision makers with an overview of the types of ICs that are commonly available, including their relative strengths and weaknesses, and to provide a discussion of the key factors to consider when evaluating and selecting ICs in Superfund and RCRA Corrective Action cleanups. Final Guidance, September 2000

Contact: Mike Bellot, (703) 603-8905,
bellot.michael@epa.gov

30. U.S. EPA/OSWER

Report "Institutional Controls: A Guide to Implementing, Monitoring, and Enforcing Institutional Controls at Superfund, Brownfields, Federal Facility, UST, and RCRA Corrective Action Cleanups"
Provides site managers and site attorneys with an overview of responsibilities for the implementation, monitoring, and enforcement of ICs at their sites, and discusses common issues they may encounter when carrying out these responsibilities. Draft Guidance, February 2003

Contact: Mike Bellot, (703) 603-8905
bellot.michael@epa.gov

31. U.S. EPA/OSWER

IC Tracking/Monitoring Pilot Projects

EPA Superfund is sponsoring several pilot projects in conjunction with State and local governments, industry, and other NGOs to monitor sites and alert stakeholders of possible activities affecting established ICs. Several pilots are exploring the inclusion of information about waste sites in existing one-call systems designed to prevent damages to utilities from excavation and other development. Ongoing.

Contact: Mike Bellot, (703) 603-8905
bellot.michael@epa.gov

32. U.S. EPA/OSWER

The Comprehensive Five-Year Review Guidance

Document provides guidance for complying with requirements to conduct a review of the remedy every five years to ensure protection of human health and the environment for remedial actions that result in hazardous substances, pollutants, or contaminants remaining at the site. Guidance is intended to provide an approach for conducting five-year reviews, clarify current policy, provide consistency, and discuss roles and responsibilities, including community involvement. Final issued June 2001

Contact: Rafael Gonzalez, EPA
gonzalez.rafael@epa.gov

33. U.S. EPA/OSWER

Guidance "Operation and Maintenance in the Superfund Program"

Document provides guidance to site managers for conducting O&M activities at sites, including O&M considerations throughout the life cycle of site cleanup and post-cleanup care. Guidance also provides information on the roles and responsibilities of EPA, States, and PRPs throughout O&M process, including EPA oversight as O&M responsibilities are transferred to States or PRPs. Final issued May 2001
34. U.S. EPA/OSWER

Guidance "Transfer of Long Term Response Action (LTRA) Projects to States"

Guidance provides key elements of the LTRA transfer process and provides guidance to site managers concerning the transfer of responsibilities from EPA to States for O&M. Final issued July 2003
35. U.S. Department of Energy

Policy: Use of Institutional Controls

Policy delineates how DOE will use ICs in the management of resources, facilities, and properties under its control. The policy also explains how DOE will use ICs to implement its responsibilities pursuant to various statutes, such as the Nuclear Waste Policy Act, the Atomic Energy Act, and the Resource Conservation and Recovery Act. This policy is intended to guide DOE decisions related to planning, maintenance, and implementation of ICs when such controls are used at DOE sites or utilized under a statutory program. The policy is also intended to address DOE's responsibilities related to its role as a steward of Federal lands and properties and identify activities that DOE needs to accomplish to ensure that ICs are properly used and maintained. Final April 2003

Contact: TBD

36. DOE Idaho National Engineering and Environmental Laboratory (INEEL)

Technology Innovations

In support of DOE's perspective on long-term solutions, the INEEL is concentrating considerable resources on its Environmental Stewardship Initiative. The INEEL will integrate the best science and engineering talent into its stewardship activities. The major thrust is to coordinate investments in science and technology that result in significant reductions of risk and cost, and increased protection of human health and the environment after cleanup activities have ended. Various technological innovations are identified to reduce costs of long-term stewardship. Kevin Kostelnik
208-526-9642
Kvk@inel.gov
37. U.S. Department of Defense

"Policy on Land Use Controls Associated with Environmental Restoration Activities"

Provides DoD components with environmental restoration and land use management responsibilities an overall DoD framework for implementing, documenting, and managing land use controls for real property being transferred out of Federal control and for active installations. The intent of the policy is to ensure land use activities in the future remain compatible with the land use restrictions imposed on the property during the environmental restoration process. Final issued

Contact: TBD

38. U.S. Department of Defense

"Guidance on Land Use Controls Associated with Environmental Restoration Activities for Property Planned for Transfer Out of Federal Control"

This document provides DoD Components with environmental restoration and land use management responsibilities guidance on developing, implementing, recording, and managing land use controls (LUCs) for property planned for transfer from Department of Defense (DoD) to non-Federal entities. This guidance is based on DoD Policy on Land Use Controls Associated with Environmental Restoration Activities. This guidance provides a range of options that may be used separately or collectively for incorporating land use controls into existing land use management processes. Final issued March 2001

Contact: TBD

39. U.S. Army Corps of Engineers

Guidance "Recurring Reviews on Ordnance and Explosives (OE) Response Actions"

Guidance presents procedures for developing and implementing recurring review requirements for OE response actions. The purpose of recurring reviews is to determine if a response action continues to minimize explosive safety risks and continues to be protective of human health, safety, and the environment. Recurring reviews are conducted under the long-term management phase once a Formerly used Defense Site achieves response complete. Recurring reviews satisfies CERCLA five-year review requirements. Final published October 2003

Contact: TBD

40. U.S. Army Corps of Engineers

Guidance "Establishing and Maintaining Institutional Controls for Ordnance and Explosives (OE) Projects"

Document provides an overview of ICs and guidance and tools for establishing, implementing, and maintaining an IC program. The guidance also provides key principles of an IC program. Final issued December 2000

Contact: TBD

41. National Governors Association Long-Term Stewardship Committee

Report on Federal & State Statutory Framework for Effective LTS

An NGA Task Force, composed of State regulators and Governors' policy advisors, established a Long-Term Stewardship Committee. The NGA LTS Committee is conducting a study (drawing on NAAG research) on Federal and State statutory issues & long-term stewardship that will examine, among other issues, the adequacy of existing mechanisms for institutional controls, and the applicability of state IC laws to federal agencies. NGA operates an LTS Subcommittee under its Federal Facilities Task Force. NGA holds regular meetings and conference calls primarily between State and DOE representatives, and is focusing on ICs and post-closure agreements. NGA anticipates it will produce a paper on post-closure agreements and the role of the States by the end of the year. NGA's policy statement on Environmental Compliance at Federal Facilities (NR-8) can be found on its website at www.nga.org Link to EPA's External Link Disclaimer

Contact: Kara Colton
kcolton@nga.org
202-624-5300

42. National Association of Attorneys General (NAAG)

Legal Handbook of Institutional Controls

NAAG is working on a state-by-state analysis of statutory and common law in each of the states, designed to evaluate whether existing mechanisms could be used to impose effective and enforceable institutional controls. The handbook will include a general discussion of the common law in this area, the state-by-state breakdown-charts and textual material- and probably a discussion of the legal issues surrounding transfer of federal properties. Under development

Contact: TBD

43. National Association of Attorneys General

In-Depth Analysis of State Authorities for Institutional Controls

In conjunction with ELI, NAAG is working on a detailed review of legal authorities and processes that govern institutional controls at three sites. The ELI analysis will be a detailed investigation of the State laws that affect land-use restrictions at the sites. For instance, the analysis will look at zoning laws, State laws related to building codes, groundwater laws, public health laws, and mining laws that might be used to restrict certain types of uses. NAAG expects to contribute State law research and analysis, descriptions of environmental regulation by the State and general review of other facets of the in-depth analysis. Under development

Contact: TBD

44. National Association of Attorneys General

Review of Barriers to Federal Transfer of Land-Use Rights

NAAG expects to produce legal research related to the legal and policy issues on the barriers to Federal transfer of land-use rights, but has not decided what format to use for making the research available to the larger community. There may be a published colloquium, a law review style paper, or possibly a conference among the various knowledgeable parties. Under development

Contact: TBD

45. National Conference of Commissioners on Uniform State Laws (NCCUSL)

Uniform Environmental Covenants Act - Model Language

Developed at the request of EPA and DoD, NCCUSL has developed standard statutory language for consideration and adoption by State legislatures to facilitate the implementation and enforcement of institutional controls at sites where residual contamination exists. http://www.law.upenn.edu/
bll/archives/ulc/ueca/2003final.htm
Link to EPA's External Link Disclaimer
46. Association of State & Territorial Solid Waste Management Officials

White Paper "Institutional Controls and Long Term Stewardship: Where Are We Going?"

Paper identifies the present and future hurdles associated with the use of ICs, and what State and Federal programs should consider in developing policy to address these hurdles. The paper also provides guidance on principles that are important for an effective IC program, and should be included in any institutional control or long-term stewardship policy or strategy. Final issued May 20, 2004

Contact: Gary King (IL), Chair, CERCLA Research Center Subcommittee

47. Association of State & Territorial Solid Waste Management Officials

"Survey of State Institutional Control Mechanisms"

ASTSWMO conducted a survey of State cleanup programs to determine to what extent ICs are used nationally, and to determine the successes and issues surrounding their use. Specific elements addressed in the survey results include the frequency of use in State programs and community and local government involvement in ICs. Survey results published in December 1997

Contact: TBD

48. American Society of Testing and Materials (ASTM)

"Standard Guide for Use of Activity and Use Limitations, Including Institutional and Engineering Controls" (E 2091-00)

This guide covers information for incorporating activity and use limitations that are protective of human health and the environment into Federal, State, Tribal or local remediation programs using a risk-based approach to corrective action. Specifically, it identifies screening and balancing criteria that should be applied in determining whether any particular activity and use limitation may be appropriate. This guide identifies the need to develop long-term monitoring and stewardship plans to ensure the long-term reliability and enforceability of activity and use limitations. This guide explains the purpose of activity and use limitations in the remedial action process and the types of activity and use limitations that are most commonly available. Guide published

http://www.astm.org/Standards/E2091.htm Link to EPA's External Link Disclaimer

49. Environmental Law Institute

Report: "Institutional Controls in Use"

This report anticipates amendments to Superfund and describes in concrete terms how institutional controls have been used at Superfund sites and in similar situations in the past. Experience with past use of institutional controls provides Superfund policymakers with valuable examples and knowledge about how best to use these tools to protect humans for as long as risk remains at a site. Final report published 1995

Contact: TBD

50. Resources for the Future

Report: "Linking Land Use and Superfund Cleanups: Uncharted Territory"

This report describes the intersection between land use and remedy selection and explores how these two processes become interconnected when pressures for site reuse and restricted cleanups converge. A key chapter of the report addresses ICs and the critical role they play in linking land use and remedy selection, including a detailed analysis of the reliability of local land use regulatory systems to maintain the viability of ICs. Final report issued June 1997

Contact: Kate Probst

51. U.S. EPA/OSWER

Guidance for Estimating Costs for Implementing Institutional Controls

EPA is planning to develop guidance for estimating the costs of implementing ICs. An October 2001 workshop addressed the issues associated with estimating the costs of establishing and maintaining institutional controls. The discussion and feedback was centered on five issue areas: (1) What costs should be included in IC cost estimates? (2) When is the right time to estimate/define the costs? (3) Who should develop the cost estimates and what tools can be provided to assist them? (4) How should the out-year cost evaluation be performed? and (5) Who pays for these costs in the future and what are the options for financing ICs? Under development

Contact: Mike Bellot, (703) 603-8905,
bellot.michael@epa.gov

52. U.S. DOE, National Energy Technology Laboratory

LTS Cost Estimating Techniques

DOE/NETL is currently leading efforts to develop separate cost estimating techniques for long-term stewardship and incorporate these modules into the Environmental Cost Element Structure, a cross-agency framework for estimating and managing environmental management costs. Status: unknown

Contact: TBD

53. U.S. DOE, Rocky Flats Environmental Technology Site

Cost Estimation Methodology

DOE/RFETS developed an activity-based methodology to estimate its annual stewardship costs based on the type, cost, and duration of anticipated long-term stewardship activities. Completed 1999

Contact: TBD

54. State and Tribal Government Working Group

Paper: "Long-Term Cost Estimation in the DOE"

STGWG conducted research on the economics and cost estimating literature and interviewed experts in these fields to identify potential alternative methodologies to DOE cost estimation methods using present worth analysis. The paper makes several recommendations for continuing to explore alternative methods for developing cost estimates of LTS commitments. Paper issued in October 2001; efforts are ongoing

Contact: TBD

55. National Governors Association Long-Term Stewardship Committee

Report on Federal & State Statutory Framework for Effective LTS

An NGA Task Force, composed of State regulators and Governors' policy advisors, established a Long-Term Stewardship Committee. The NGA LTS Committee is conducting a study on Federal and State statutory issues & long-term stewardship that will examine LTS funding mechanisms and related issues.

NGA operates an LTS Subcommittee under its Federal Facilities Task Force. NGA holds regular meetings and conference calls primarily between State and DOE representatives, and is focusing on ICs and post-closure agreements. NGA anticipates it will produce a paper on post-closure agreements and the role of the States by the end of the year. NGA's policy statement on Environmental Compliance at Federal Facilities (NR-8) can be found on its website at www.nga.org Link to EPA's External Link Disclaimer

Contact: Kara Colton
kcolton@nga.org
202-624-5300

56. National Governors Association Center for Best Practices

Issue Brief: Funding Long-Term Stewardship of DOE Weapons Sites: Tennessee's Perpetual Care Trust Fund

Based on a 1999 agreement between DOE and Tennessee Department of Environmental Conservation, DOE is funding a trust fund to finance long-term stewardship (e.g., annual O&M) costs following the closure of an Oak Ridge disposal cell for hazardous, radioactive, and mixed wastes. This issue brief provides an overview of the trust fund approach, the challenges it may face in the future, and possible solutions to those challenges. It also provides next steps for State officials to follow to pursue the establishment of similar LTS trust funds. Status: Unknown

Contact: TBD

57. Environmental Financial Advisory Board (EFAB)

Guidebook: "A Guidebook of Financial Tools"

A Guidebook of Financial Tools is a reference work intended to provide an overview of a wide range of ways and means that are useful in paying for sustainable environmental systems. The document presents comprehensive financing tools that include traditional means of raising revenue, borrowing capital, enhancing credit, creating public- private partnerships, and ways of providing technical assistance. The document also presents financing tools that are, will, or might soon be, available to address significant environmental priorities, including ways of lowering the costs of compliance, encouraging pollution prevention, paying for community-based environmental protection, financing brownfields redevelopment, and improving access to capital for small businesses and the environmental goods and services industry. Each tool is described along with its actual and potential uses, advantages and limitations, and references for further information. Latest Edition: April 1999

http://nepis.epa.gov/Exe/ZyPURL.cgi?Dockey=P100179D.txt

58. Resources for the Future

Discussion Paper: "Long-Term Stewardship of Contaminated Sites: Trust Funds as Mechanisms for

Financing and Oversight"

RFF explores different mechanisms for financing and oversight of LTS activities at both private and Federal contaminated sites, focusing primarily on trust funds. The paper evaluates two components of the issue: (1) the financial aspect, so that funds are available now and in the future; and (2) the legal and institutional aspect, to ensure that LTS activities will in fact be implemented in the future and that those commitments can be enforced over time. Discussion paper issued December 2000

Contact: Kate Probst

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