Board Review Criteria
The Board will typically review proposed interim and final Superfund response decisions at both NPL and non-NPL (including Superfund Alternative) sites for which the proposed:
- Remedial action costs more than $25 million; or
- Non-time critical removal actions (NTCRA), at sites other than a federal facility, is estimated to cost more than $25 million; or
Board reviews will also occur for NPL and non-NPL sites following changes made after the release of the proposed plan:
- A different or modified alternative (which was included in the original proposed plan) is selected by the region that costs more than 20 percent when compared to the original proposal and these costs trigger review criteria (even when the earlier proposed action had undergone Board review).
- A new alternative is developed and the costs of the new alternative would trigger a review.
The Board may review (at regional discretion) sites where the proposed action's original cost estimate increases more than 20 percent after issuance of the Proposed Plan due to either updated cost information or minor changes to the alternative that trigger review criteria. Examples of minor changes are presented in Chapter 7 of A Guide to Preparing Superfund Proposed Plans, Records of Decision, and Other Remedy Selection Decision Documents, Office of Solid Waste and Emergency Response Directive No. 9200.1-23P, July 1999 (ROD guidance).
Federal Facility Sites (other than the Department of Energy)
Federal facility sites (including Formerly Utilized Sites Remedial Action Program- FUSRAP) follow the same review criteria above with the exception of NTCRAs; federal facility NTCRAs do not undergo Board review unless requested by the federal facility. Decisions at Base Realignment and Closure (BRAC) sites do not undergo Board review.
Department of Energy Sites
The NRRB typically will review sites where the primary contaminant is radioactive waste and the proposed remedial action costs more than $75 million. The Board will also review NPL sites with NTCRAs exceeding $30 million involving primarily radioactive waste; (per joint Department of Energy/EPA memorandum dated October 5, 1998).