Revised Version 9/5/2000
FACILITY LEAD CORRECTIVE ACTION
I. CORRECTIVE ACTION GOALS
By agreeing to participate in the Facility Lead Corrective Action
Program with EPA, the Facility commits to:
A. Determine the extent and sources of all releases of hazardous
wastes or hazardous waste constituents at or from the Facility
using quality data;
B. Evaluate and meet EPA's Environmental Indicators (see "Environmental
Indicator Forms" on EPA Region 3's Web site at www.epa.gov/reg3wcmd/correctiveaction.htm);
C. Perform interim measures at the Facility to prevent or mitigate
unacceptable threats to human health and the environment by: 1)
controlling human exposures, and 2) controlling migration of any
groundwater contamination at or from the Facility from releases
of hazardous wastes or hazardous constituents;
D. Conduct effective public involvement; and
E. Communicate regularly to EPA, the State, and the community
on corrective action progress at agrees to provide an appropriate
level of oversight to assist the Facility to meet these goals.
II. WORK TO BE PERFORMED
The Facility agrees to demonstrate achievement of the goals listed
in Section I by performing the work (as appropriate) described below.
These goals may be achieved through a combination of sampling activities,
previous work, and documentation of valid historical data.
A. Develop a Workplan
1. Within ninety (90) calendar days of the date of its Commitment
Letter, the Facility agrees to submit a site specific Workplan
to EPA. The Workplan is subject to approval by EPA and shall
include a strategy and schedule to implement pertinent tasks
identified in this Agreement, which include, but are not limited
to, the following:
a. Site characterization (Section II.B)
b. Quality Assurance and Sampling Plan (Section II.B and
c. Evaluation of Environmental Indicator goals (Section II.C)
d. Ongoing or planned Interim Measures (Section II.D)
e. Community Relations Plan (Section II.E)
f. Reports to EPA (Section II.F and IV)
g. Selection of a land use scenario (Section II.B)
2. The Facility may also add other tasks to the Workplan.
B. Determine the extent and sources of releases of hazardous
wastes or hazardous constituents at or from the Facility using
1. Site Characterization - The Facility will develop a site
specific workplan that determines the nature and extent of all
releases of hazardous wastes and hazardous constituents at or
from the Facility. The characterization will include investigative
tasks such as sampling, analyses, data validation and data interpretation
and will be conducted in a manner consistent with the provisions
of Region 3's guidance for a "RCRA Facility Investigation"
and guidance for "Risk-Based Screening". (see EPA
Region 3's Web site at www.epa.gov/ reg3wcmd/correctiveaction.htm
for these two guidance documents). Other corrective action references
are also available on this Web site. At a minimum, the Facility
shall perform the following:
a. Soil - Identify maximum concentrations and determine
the extent of any releases of hazardous wastes and hazardous
constituents to soil. Sampling shall continue until concentrations
in soil reach Region 3's Risk-Based Concentration (RBC) Table
using an appropriate land use scenario approved by EPA (see
"Risk-Based Concentration Tables" on EPA Region
3's Web site at www.epa.gov/reg3hwmd/risk/riskmenu.htm).
In addition, evaluate the potential of hazardous wastes
and hazardous constituents in soil to affect other media through
cross media transfer (e.g., screening against Soil Screening
Levels "SSLs" for groundwater).
b. Groundwater - Determine maximum concentrations
of hazardous wastes and hazardous constituents in groundwater
and, to the extent practicable, the source of the groundwater
contamination. The horizontal and vertical extent of any releases
to groundwater shall be delineated until concentrations of
hazardous wastes and hazardous constituents in groundwater
reach maximum contaminant levels ("MCLs"), or, where
no MCLs have been promulgated, Region 3's Risk-Based Concentration
(RBC) Table using the tap water column, independent of whether
the aquifer is currently utilized as a source of potable water.
c. Surface Water and Sediment - Where contaminated
groundwater potentially discharges to a surface water body,
determine the maximum concentrations of hazardous wastes and
hazardous constituents in surface water and sediment, and
assess the extent of impact of hazardous wastes and hazardous
constituents to the surface water body and sediments to levels
considering the state-designated use of the surface water
body and the potential exposure to human and/or ecological
d. Air - Where there is the potential for indoor or
outdoor air to be contaminated by particulates or vapors through
cross-media transfer, determine the maximum concentrations
through appropriate methods (e.g., sampling, modeling).
2. Data Quality - The Facility agrees to perform site screening
and site characterization through the use of high quality field
data collection protocols and appropriate EPA laboratory methods
specified in 2.a and 2.b below such that the analytical results
accurately represent site characteristics (see "Quality
Assurance/Quality Control" document on EPA Region 3's Web site
at www.epa.gov/reg3wcmd/correctiveaction.htm). The data collected
must support decisions regarding the applicability and
effectiveness of interim measures' and/or final remedial decisions.
In addition the Facility shall:
a. Ensure that all laboratories used by the Facility for
analyses perform such analyses according to the EPA methods
included in "Test Methods for Evaluating Solid Waste"
(SW-846, November 1986) or other methods deemed satisfactory
b. Ensure that all laboratories used by the Facility for
analyses participate in a quality assurance/quality control
program equivalent to that which is followed by EPA; and
c. Ensure that data is reliable by having it data undergo
3rd party data validation.
3. Exposure Assessment - The Facility agrees to identify all
potential exposure pathways.
4. Site Screening - The Facility agrees to use the Screening
process specified in the Risk-Based Screening document located
on EPA Region 3's Web site.
5. Future Land Use - A "reasonably expected future land
use" shall be identified for the facility. (See the discussion
in the Advanced Notice of Proposed Rulemaking, May 1, 1996).
The Facility shall include a schedule in the Workplan for submitting
land use information and a plan for sharing land use assumptions
with the public.
C. Evaluate and meet EPA's Environmental Indicators.
1. The Facility agrees to assess current exposures and evaluate
potential contaminated groundwater migration pathways as priority
activities of the site investigation.
2. The Facility agrees to implement Interim Measures as soon
as possible to achieve the Environmental Indicator goals.
D. Perform Interim Measures at the Facility to prevent or mitigate
threats to human health and/or the environment.
1. The Facility agrees to implement Interim Measures:
a. When it is necessary to protect human health and/or the
b. To meet the Environmental Indicator goals of eliminating
current human exposure to and controlling groundwater contamination
from releases of hazardous wastes or hazardous constituents
to the extent practicable.
Interim Measures implemented shall be consistent with the
long term cleanup objectives at the Facility.
2. The Facility will conduct appropriate monitoring and/or
confirmatory sampling of Interim Measures to assess their effectiveness.
The quantity, quality, and frequency of the monitoring will
be dependent upon the Interim Measures selected.
E. Conduct effective public involvement.
1. The Facility agrees to:
a. Develop a Community Relations Plan which will describe
how it will conduct public involvement activities to inform
the local community, the State and any other interested parties
of activities throughout the corrective action process. EPA
guidance for conducting effective public involvement in the
RCRA program can be found in the RCRA Public Participation
Manual, 1996 Edition. (See EPA's Web site at www.epa.gov/epaoswer/hazwaste/permit/pubpart/manual.htm)
b. Provide EPA with a fact sheet summarizing the status of
the work to date for inclusion on EPA Region 3's Web page
within sixty (60) calendar days of the Letter of Commitment.
At a minimum, this fact sheet shall be updated semi-annually.
F. Communicate regularly to EPA, the State, and the community
on corrective action progress at the Facility.
1. The Facility agrees to submit:
a. A Letter of Commitment which shall include a proposed
time-frame for a meeting with EPA to discuss the known current
conditions and to outline the work necessary to meet EPA's
Environmental Indicator objectives. The letter will
also identify a Facility Project Coordinator, who will be
responsible for the implementation of the corrective action
activities and serve as the Facility's point of contact.
b. An Environmental Indicators report to EPA and the State
when the Facility has collected sufficient data, and taken
action as necessary, to control current human exposures to
contamination and the migration of any groundwater contamination.
c. A Site Investigation report to EPA and the State when
the Facility has identified the nature and extent of all releases
of hazardous wastes and/or hazardous constituents at or from
d. Annual Progress Reports to EPA and the State summarizing
the work performed (including new interim measures), public
involvement activities, proposed schedule changes,
and a summary of anticipated activities to be conducted over
the next year. The first Annual Progress Report shall be submitted
to EPA and the State one year from the date of the Letter
e. In addition to the written reports identified above, the
Facility may choose to present information to EPA in the form
of oral presentations and request EPA comment on technical
issues or proposed actions.
III. FINAL REMEDIES - COMPLETING
human exposure to hazardous wastes and hazardous constituents and
controlling migration of contaminated groundwater are short-term corrective
action objectives. Interim Measure activities implemented to achieve
these short-term objectives are based on reasonably expected human
exposures under current land and groundwater use conditions. The RCRA
Corrective Action Program's overall mission is to protect human health
and the environment. To achieve this goal, final remedies must be
based on potential future land and groundwater uses and ecological
A. At the completion of site characterization activities, EPA
will evaluate the need to issue a Corrective Action Permit or
Order to the Facility.
B. Under certain circumstances' implementation of Interim Measures
may achieve the final remedial goals. In that case, EPA will public
notice a tentative determination and solicit comment prior to
making a final Agency determination regarding final corrective
action remedies at the Facility.
|Reports specified in Section
II. F.1.b, Section II.F.1.c and Section II.F.1.d, when submitted to
EPA and the State, shall be certified by a "responsible corporate
officer1." The Facility agrees to provide the certification
in the following form:
I certify that the information contained
in this Report is true, accurate, and complete.
As to [the/those identified portion(s)]
of this [type of submission] for which I cannot personally verify
[its/their] accuracy, I certify that this Report and all attachments
were prepared in accordance with procedures designed to assure that
qualified personnel properly gather and evaluate the information
submitted. Based on my inquiry of the person or persons who manage
the system, or those persons directly responsible for gathering
the information, or the immediate supervisor of such person(s),
the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete.
Footnote: 1. A "responsible
corporate officer" means: (a) a president, secretary, treasurer,
or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-making
functions for the corporation, or (b) the manager of one or more
manufacturing, production, or operating facilities employing more
than 250 persons or having gross annual sales or expenditures exceeding
$25 million (in second quarter 1980 dollars), if authority to sign
documents has been assigned or delegated to the manager in accordance
with corporate procedures. A person is a "duly authorized representative"
only if: (1) the authorization is made in writing by a person described
above; and (2) the authorization specifies either an individual
or position having responsibility for overall operation of the regulated
facility or activity (a duly authorized representative may thus
be either a named individual or any individual occupying a named
V. SAMPLING AND DATA/DOCUMENT
AVAILABILITY AND PRESERVATION
A. The Facility shall submit to EPA the results of all sampling
and/or tests or other data generated by, or on behalf of, Facility.
B. At the request of EPA, the Facility shall provide or allow
EPA or its authorized representatives to take split or duplicate
samples of all samples collected by Facility pursuant to this
Agreement. The Facility agrees not to limit access
to the property or otherwise affect EPA's authority to collect
samples pursuant to applicable law, including, but not limited
to, RCRA and CERCLA.
C. The Facility may assert a business confidentiality claim covering
all or part of any information submitted to EPA pursuant to this
Agreement in the manner described in 40 C.F.R. § 2.203(b). The
Facility shall not assert any confidentiality claim with regard
to any physical, sampling, monitoring, or analytical data.
D. Commencing on the date the Letter of Commitment is
submitted to EPA, the Facility agrees that it shall preserve and
make available to EPA for inspection and copying, all data, records
and documents in its possession or in the possession of its divisions,
officers, directors, employees, agents, contractors, successors,
and assigns which relate in any way to this Agreement or to hazardous
waste management and/or disposal at the Facility.
VI. RESERVATION OF RIGHTS
A. EPA reserves all of its statutory and regulatory powers, authorities,
rights, and remedies, both legal and equitable, which may pertain
to the Facility's activities. This Agreement shall not be construed
as a covenant not to sue, release, waiver, or limitation of any
rights, remedies, powers, and/or authorities, civil or criminal,
which EPA has under RCRA, CERCLA, or any other statutory, regulatory,
or common law authority of the United States.
B. EPA reserves the right to disapprove work performed by the
Facility pursuant to this Agreement and to request or direct
that Facility perform additional tasks.
C. EPA reserves the right to require or to perform any portion
of the work consented to herein or any additional site characterization,
feasibility study, and remedial work as it deems necessary to
protect human health and/or the environment. EPA may exercise
its authority under CERCLA to undertake response actions at any
time. EPA reserves its right to seek reimbursement from the Facility
for costs incurred by the United States. Notwithstanding compliance
with the terms of this Agreement, the Facility is not released
from liability, if any, for the costs of any response actions
taken or authorized by EPA.
D. If EPA determines that activities undertaken pursuant to this
Agreement have caused or may cause a release of hazardous waste
or hazardous constituent(s), or a threat to human health and/or
the environment, or that the Facility is not capable of undertaking
the work agreed upon, EPA may order the Facility to stop further
implementation of activities undertaken pursuant to this Agreement
for such period of time as EPA determines may be needed to abate
any such release or threat and/or to undertake any action which
EPA determines is necessary to abate such release or threat.
E. EPA and the Facility acknowledge and agree that EPA's approval
of any Statements of Work (SOWs) or any workplan submitted pursuant
to this Agreement does not constitute a warranty or representation
that the SOWs or workplans will achieve the required cleanup or
performance standards. Compliance by the Facility with the terms
of this Agreement shall not relieve it of its obligations to comply
with RCRA or any other applicable local, state, or federal laws
F. Notwithstanding any other provision herein, no action or decision
by EPA pursuant to this Agreement, including without limitation,
decisions of the Regional Administrator, the Director of the Land and Chemicals Division, or any authorized representative
of EPA, shall constitute final agency action giving rise to any
right of judicial review prior to EPA's initiation of an enforcement
action, including an action for penalties or an action to compel
the Facility's compliance with RCRA.
G. Notwithstanding any other terms or conditions in this Agreement,
EPA may decide to issue a Corrective Action Permit or Order to
the Facility at any time.
H. Indemnification: The Facility agrees to indemnify and save
and hold harmless the United States government, its agencies,
departments, agents, and employees, from any and all claims or
causes of action arising from or on account of acts or omissions
of the Facility or its officers, employees, agents, independent
contractors, receivers, trustees, and assigns in carrying out
activities required by this Agreement. This indemnification
shall not be construed in any way as affecting or limiting the
rights or obligations of the Facility or the United States under
their various contracts. The Facility shall not be responsible
for indemnifying the EPA for claims or causes of action solely
from or on account of acts or omissions of EPA.
VII. OTHER APPLICABLE LAWS
|All actions shall be undertaken
in accordance with the requirements of all applicable local, state,
and federal laws and regulations. The Facility shall obtain or require
its authorized representatives to obtain all permits and approvals
necessary under such laws and regulations.
VIII. NOTICE OF NON-LIABILITY OF EPA
|EPA shall not be deemed a party
to any contract involving the Facility and relating to activities
at the Facility and shall not be liable for any claim or cause of
action arising from or on account of any act, or the omission of the
Facility, its officers, employees, contractors, receivers, trustees,
agents or assigns, in carrying out the activities required by this
IX. EFFECTIVE DATE
|The effective date of this
Agreement is the date of the Letter of Commitment submitted by the
Facility to EPA.
For more information about the Facility Lead Program, please contact
Luis Pizarro , email at: email@example.com or phone : 215-814-3444