Moderator Jean Balent, USEPA: So with those reminders I think I have reached the end of our technical overview here on how to participate, so I think at this point i'm going to invite any lighthouse to come on video and unmute herself to provide an overview to this ongoing series me.
Emy Laija, EPA FFRRO: Sure Thank you so much gene again, thank you to everyone for joining us today I want to take a second of your time to talk about the federal facilities Academy.
Emy Laija, EPA FFRRO: of which you are participating in today with this webinar so the Academy was created to really address the nuances of federal facility cleanups it's still circular, but there are some very specific.
Emy Laija, EPA FFRRO: differences that come to our federal facility so we've created a series of webinars that really hone in.
Emy Laija, EPA FFRRO: On these topics and discuss them in more detail, it is a voluntary program However, if you finish all 11 webinars and take the three day in person, training, you.
Emy Laija, EPA FFRRO: qualify for a certificate of completion and that's issued by our federal facilities director at EPA and we copy your management so that they're aware, you are going, above and beyond the required training to better understand how to implement circle up.
Emy Laija, EPA FFRRO: Our Federal facility sites again it's voluntary but glad that you all are here and really encourage you to take a look at the other webinars.
Moderator Jean Balent, USEPA: Alright, thanks me, and so I think we're going to move on here and just remind everyone.
Moderator Jean Balent, USEPA: on how they can receive participation and document or get credits for attending these sessions so as me just highlighted this series is part of an ongoing.
Moderator Jean Balent, USEPA: classroom party classroom and online series, so there are 11 webinars in total that we're hosting here on clue in which are open to the public and one classroom delivery.
Moderator Jean Balent, USEPA: Which is limited to only EPA States tribes and other federal agencies.
Moderator Jean Balent, USEPA: You may participate in the 11 online webinars either taking the live classes, just like we're doing right now, when we host them online.
Moderator Jean Balent, USEPA: or replaying recorded versions, that will be made available for each of these 11 sessions and then as me highlighted for the in person, training, you must participate that session in person, in order to get credit.
Moderator Jean Balent, USEPA: For each of the individual online webinars that will be hosting you can receive an individual participation certificate.
Moderator Jean Balent, USEPA: which will document your attendance in any or all of the 11 online sessions, and you can get one of those certificates for attending them live or for replaying them, so you can take them all 11 lives all 11 replayed some combination of online and then replay.
Moderator Jean Balent, USEPA: And you'll do that by simply submitting feedback for each of the sessions that you attend or replay to get a participation certificate i'll give more instructions on how to do that for today's session later on.
Moderator Jean Balent, USEPA: And then, as me noted if you're able to do all 11 online in either live or by replaying them and then you qualify and participate for that in person delivery.
Moderator Jean Balent, USEPA: you'll receive a full academy certificate indicating that you've done all of the courses that are part of this series so with that set of reminders me I think it's time to call it presentation materials on your end and get the class started.
Emy Laija, EPA FFRRO: Sure, just one, second, while I get that on screen.
Emy Laija, EPA FFRRO: Right.
Moderator Jean Balent, USEPA: All right, everything looks great go ahead.
Emy Laija, EPA FFRRO: Okay, thank you all right again welcome to everybody.
Emy Laija, EPA FFRRO: This is our better facilities academy course on record and circular integration at federal facilities, my name is me like i'm with the Federal facilities restoration and reuse office at EPA.
Emy Laija, EPA FFRRO: And we're very happy to be bringing this topic to you all today so before we jump into the slides I really like to get a sense of who's joining us today, so we have a poll and we're just asking Have you ever worked at a site that integrated record and CIRCA at a federal facility.
Moderator Jean Balent, USEPA: Alright, so me this is our first poll today so i'll remind any of our new attendees that you should see a pop up window floating with the question.
Moderator Jean Balent, USEPA: And there'll be a circular button next to each of those options that you can click to select that response and then hit the submit button.
Moderator Jean Balent, USEPA: I can see how many have voted so about two thirds of you have submitted a response which is great.
Moderator Jean Balent, USEPA: For anybody on a mobile device, you might need to look for the three dots menu and then access the pole under more options.
Moderator Jean Balent, USEPA: But as i'm saying that we're almost over 75% and remember the more of you participating, the more fun this gets so i'm going to go ahead and.
Moderator Jean Balent, USEPA: lock this poll down now stop accepting responses and share those results so me as i'm looking at it more than half of them have at least been involved in some sites that have done this.
Moderator Jean Balent, USEPA: Some of them 12% have done many sites where this has worked and then a lot of people about a third have not.
Emy Laija, EPA FFRRO: very interesting Okay, thank you to everybody who participated, it just gives us a better sense of who's in the audience very interested that.
Emy Laija, EPA FFRRO: A few of you have worked on this, many sites that's hopefully will be great for any Q amp a we do during the webinar today oh right so.
Emy Laija, EPA FFRRO: Just continuing on with our slides a quick overview we're going to go over some background information and we do have.
Emy Laija, EPA FFRRO: Another instructor that's going to provide a retro perspective we'll talk about some legal lessons that have come from records and circle of.
Emy Laija, EPA FFRRO: disagreements, so to speak, will specifically talk about federal facility agreements and how that helps with implementation of record and surplus at federal facilities.
Emy Laija, EPA FFRRO: So the first graphic I wanted to share with you all is actually adapted from a 1994 graphic and what I want to really point out to you here is that there is a lot, a lot of.
Emy Laija, EPA FFRRO: I guess, I would say, comparable it's the same same but slightly different if you're going through a circle clean up versus a requisite cleaner.
Emy Laija, EPA FFRRO: So we've come in and color coded this to get a better idea of showing with clean up we're ultimately wanting to protect human health and the environment from contamination so under circle where you would.
Emy Laija, EPA FFRRO: Do site discovery have that federal facility listed on the docket for and record that would be a permit application or discovery of release, then you would go through the record.
Emy Laija, EPA FFRRO: 3016 reporting process, but if they're similar from there you determine if action is needed if so look at that initial assessment of what's going on at the site.
Emy Laija, EPA FFRRO: If it's enough risk is posed there, and you determine Okay, do we need to move forward with a clean up action, be it under circle a retro you'll move forward with Sir club that may get you on the npl with record, it might be.
Emy Laija, EPA FFRRO: issuing a permit or permit modification from there under circle, we have a federal facilities agreement with record, you would have a federal facilities compliance agreement.
Emy Laija, EPA FFRRO: And then just continuing on through the rest of the cleanup process under circle, we use terms like remedial investigation and feasibility study.
Emy Laija, EPA FFRRO: Whereas if you're looking at corrective action, it would be a record facility investigation with a corrective measures study.
Emy Laija, EPA FFRRO: Ultimately, you get to that cleanup decision and your remedy selection or corrective measures selection insert club we're talking about.
Emy Laija, EPA FFRRO: issuing a proposed plan for public comment ultimately getting to a record of decision.
Emy Laija, EPA FFRRO: And with corrective measures, it would be a selection of that corrective measure and again to permit modification or 3008 order.
Emy Laija, EPA FFRRO: Ultimately, you implement that remedy you go through your design implementing the action and under circle up ideally you're trying to get to that deletion of the site from the npl if it was placed on the npl list.
Emy Laija, EPA FFRRO: Though you may have five your reviews are continued Oh, and then with the corrective action route under record.
Emy Laija, EPA FFRRO: You would issue a certificate of completion have a final permit modification when that cleanup is.
Emy Laija, EPA FFRRO: done and then you may also have oh NM our operations and maintenance moving forward, so I really just wanted to start this webinar saying.
Emy Laija, EPA FFRRO: You know they're not so different and there's a lot of overlap, but we also are going to talk about the challenges of integration and.
Emy Laija, EPA FFRRO: Some of the lessons we've learned or challenges we're still facing in that.
Emy Laija, EPA FFRRO: So now I before we switch to our record perspective, we have a little apply your understanding I don't want to call it a quiz.
Emy Laija, EPA FFRRO: But let's just check in and see how we're doing so far, so the question is, what is the main cause for disputes and a lack of integration between circular and retro and determining how a site should be cleaned up.
Moderator Jean Balent, USEPA: Alright, and me, just in case, people are having problems reading those poll questions they are on that slide you can make the poll window wider if need be.
Moderator Jean Balent, USEPA: But she has shown the options available there on the screen.
Moderator Jean Balent, USEPA: And that is me buying a little bit of time to allow the audience here to cast their votes remember simply click the circle, to the left of the answer that you wish to select and hit that submit button.
Moderator Jean Balent, USEPA: About half of you have participated, there is no penalty if you get it wrong, so this is only going to improve your overall participation.
Moderator Jean Balent, USEPA: If you take your best guess if you're not sure if you have to be participating as a group.
Moderator Jean Balent, USEPA: fight it out amongst yourselves and let's land on an answer and we'll talk about the right one here in just a moment so me we've reached about 75% of the audience having voted so i'll go ahead and end this poll and let's share those results and it looks like overwhelmingly.
Moderator Jean Balent, USEPA: See professional judgment was selected by about 90% of the students.
Emy Laija, EPA FFRRO: I think that's a pretty accurate and sometimes professional judgment is.
Emy Laija, EPA FFRRO: You know it's not black and white right it's not crystal clear.
Emy Laija, EPA FFRRO: So the other options there a B and D were really just generalizations about the programs and the site managers themselves which typically aren't the issue.
Emy Laija, EPA FFRRO: But often it's really just to differences in professional judgment, rather than a difference in the approach of the record process or the circle of process so it's really important that we're able to focus on.
Emy Laija, EPA FFRRO: You know the end result, are we going to get that cleaned up that's necessary to protect human health and the environment and can that focus of the endpoint really help with costs.
Emy Laija, EPA FFRRO: time and money that's going to be spent on that cleanup but thank you for taking the poll, we are going to go ahead and bring on our our other instructor and while she's coming online a there we go one second.
Emy Laija, EPA FFRRO: Oh right take it away.
Seun Akinlotan, EPA ORCR: Thank you everyone Good afternoon, how are you all doing my mission I cannot turn and a physical scientist and also the federal facilities lead for require corrective action here the EPA headquarters.
Seun Akinlotan, EPA ORCR: In Washington DC my office is the office of resource conservation and recovery and I work on the the cleanup program branch.
Seun Akinlotan, EPA ORCR: Prior to joining the EPA I worked at the dp Pennsylvania dp for 14 years.
Seun Akinlotan, EPA ORCR: And I conducted inspections require inspections of Pennsylvania dp, so I do have a lot of experience inspecting municipal residual and hazardous waste, generating sites transporters and also Ts dfs.
Seun Akinlotan, EPA ORCR: And I also conducted inspections responding to spiel complaints an incident.
Seun Akinlotan, EPA ORCR: I have a bachelor's degree in environmental management and toxicology and also a master's degree in environmental health.
Seun Akinlotan, EPA ORCR: yeah EPA i've been full person on different projects of national significance, I have been working on it do the cleanup project.
Seun Akinlotan, EPA ORCR: And also involved in some climate change work and also involved in require corrective action training word all right well let's get started now and my role today is to provide you with.
Seun Akinlotan, EPA ORCR: A background, like to start with a background.
Moderator Jean Balent, USEPA: In me, you may need to turn off the laser pointer yeah.
Seun Akinlotan, EPA ORCR: Okay, is it working up.
Moderator Jean Balent, USEPA: So we can see that you can move So if you want to right click on the slide and turn off the laser pointer so right click yep and we're going to go to point your options.
Moderator Jean Balent, USEPA: And then you're going to on exactly click laser pointer to turn it off and now try clicking on those slides.
Moderator Jean Balent, USEPA: Here we go.
Seun Akinlotan, EPA ORCR: All right, thank you.
Seun Akinlotan, EPA ORCR: let's go back to the overview for today so i'm going to be talking about the background of requirements secular and then from there i'll move on to discussing the similarities and the differences.
Seun Akinlotan, EPA ORCR: are going to talk about impediments to request a cloud integration from a recruiting perspective and also some strategies that we can use to improve request the cloud integration and i'll also provide you with a summary.
Seun Akinlotan, EPA ORCR: Alright, so let's go back in time to really go back to understanding what we cry and so clients about before I go on with my discussion I like to find out.
Seun Akinlotan, EPA ORCR: What do we cry and sick less than four if you know the answer feel free to use the Q amp a option type in the full many not require assets.
Moderator Jean Balent, USEPA: And Shin I assume if they don't know it's okay to say that too right.
Seun Akinlotan, EPA ORCR: yeah it's okay you don't have to know it, but if you know you go ahead and type of them that common books.
Moderator Jean Balent, USEPA: I suspect they are busily typing and i've got one one person has said that record is resource conservation and recovery act.
Seun Akinlotan, EPA ORCR: that's great.
Seun Akinlotan, EPA ORCR: Correct.
Seun Akinlotan, EPA ORCR: Do we have anybody.
Moderator Jean Balent, USEPA: And we also had someone who indicated circular is a comprehensive environmental response compensation and liability act so.
Seun Akinlotan, EPA ORCR: awesome awesome Thank you, thank you, thank you, thank you for participating in that so request is the resource conservation and recovery act and circular is the comprehensive environmental response.
Seun Akinlotan, EPA ORCR: Compensation plan liability act so required let's let's go back to require, and this is important because it provides perspective and.
Seun Akinlotan, EPA ORCR: It helps us to understand better what this cleanup programs are all about regret is actually an amendment to the side with disposal act of 1965.
Seun Akinlotan, EPA ORCR: And at that time, municipal waste was the main focus for the solid waste disposal act hazardous waste was not addressed.
Seun Akinlotan, EPA ORCR: And as we got into the 70s, there were growing concerns about the management of hazardous waste around the country and in 1976 Congress decided to enact the.
Seun Akinlotan, EPA ORCR: resource conservation and recovery act 1976 and then in 1984 we had an amendment which is the hazardous and solid waste act.
Seun Akinlotan, EPA ORCR: which actually provided for corrective action, so the ease were X, which is the hospitals and started with.
Seun Akinlotan, EPA ORCR: 1984 provided for require corrective action, and that is why we can require corrective action at different sites, including federal facilities today.
Seun Akinlotan, EPA ORCR: Moving on from 1984 there was another amendment to require in 1992 and that's the federal facilities compliance act and then in 1996 we had the land disposal program flexibility act.
Seun Akinlotan, EPA ORCR: i'm going to talk about require a little bit and i'm talking about require i'm talking about his work and also the federal facility this COMP plan so let's start with require.
Seun Akinlotan, EPA ORCR: requires an amendment to the solid waste act of 1965 just like I said earlier, it was enacted by Congress in 1976.
Seun Akinlotan, EPA ORCR: And it also controls waste from cradle to grave so if you've been hearing about cradle to grave This is where it came from, and what that means is that require monitors waste from the point of generation up until the point of disposal.
Seun Akinlotan, EPA ORCR: Which is where he provided for corrective action, just like I shared earlier as well, and if you go to require 3000 for you, it says that.
Seun Akinlotan, EPA ORCR: It says that each party shall require corrective action for all releases of hazardous waste our constituents from any solid waste management unit.
Seun Akinlotan, EPA ORCR: At an active or inactive treatment storage or disposal facility, so the key words to on the line in that statement is active and inactive so.
Seun Akinlotan, EPA ORCR: Reaper can require cleanup from active and inactive facilities also email addresses both.
Seun Akinlotan, EPA ORCR: An offsite releases, if you are the owner operator of a federal facility, and you have some type of release hazardous waste release on your site, we are also required to provide for cleanup for offsite releases.
Seun Akinlotan, EPA ORCR: is also provided for with minimization increase enforcement authority for the EPA and also provided more stringent hazardous waste management standards.
Seun Akinlotan, EPA ORCR: Moving on to fifth class of 1992 I call it a safer that's the federal facilities compliance act.
Seun Akinlotan, EPA ORCR: Before my 292 there was a lot of confusion about whether federal facilities were required to comply with requests or you know to do corrective action, there was a lot of confusion, people were talking about sovereign immunity, but with the fifth car in 1992.
Seun Akinlotan, EPA ORCR: That made it explicitly people could understand that okay.
Seun Akinlotan, EPA ORCR: The sovereign immunity of the United States was waived.
Seun Akinlotan, EPA ORCR: In 1992 and then it also required a federal agencies that own or operate hazardous waste facilities to reimburse EPA for the cost of inspection.
Seun Akinlotan, EPA ORCR: and subjected federal agencies to request civil penalties by expanding the waiver of the sovereign immunity so again, provided that all federal facilities are subject to the requirements of solid and hazardous waste management, so the sovereign immunity was waived in 1992.
Seun Akinlotan, EPA ORCR: So we have a quick knowledge check I just finished talking about this, which of the following is not a key for Legion of the FIFA.
Seun Akinlotan, EPA ORCR: You have three options to choose from you can either choose a B or C.
Moderator Jean Balent, USEPA: alrighty so again a gentle reminder if you can't see all of the text go ahead and shift or make that pole window larger or, of course.
Moderator Jean Balent, USEPA: You can simply read what was on the slide and then pick based off the letter a B or C, it looks like about a quarter of the attendees have voted so we'll give them a little bit longer.
Moderator Jean Balent, USEPA: Because this might be a little bit of time to read the wording on there.
Moderator Jean Balent, USEPA: But I do seem to see some general agreements, although weeks the bars are moving so now they're battling it out of it, and what I thought they were all going to pick shifting around a little.
Moderator Jean Balent, USEPA: Alright again we're about half of you are so if you're having any issues in the polling you can always type in your letter selection in the Q amp a B or C to if that's just simply easier for you, given your setup.
Moderator Jean Balent, USEPA: And if you're not sure you can also put i'm not sure, and the Q amp a that's Okay, so it.
looks.
Moderator Jean Balent, USEPA: Like looks like we're at about 60% i'll give it just a few more seconds i'd like to get at least two thirds of you, having submitted an answer and as we're nearing close to that I will go ahead and get ready to hit that end button into one and we will end and we will share the results.
Seun Akinlotan, EPA ORCR: So the audience was.
Moderator Jean Balent, USEPA: A little split on this one more than half picked a blood, then you know quarter went to be in a quarter went to see.
Seun Akinlotan, EPA ORCR: Thank you Thank you everyone that participated, the correct answer is he so which of the following is not a key provision of fisker is the right answer because, like I said earlier.
Seun Akinlotan, EPA ORCR: In 1992 that provision was wait that's sovereign immunity was wait so affirming sovereign immunity is not the right.
Seun Akinlotan, EPA ORCR: it's the right answer is not a keeper regional FIFA, so if you're not taking anything away from this session today just remember that all federal facilities are subject to enforcement requirements with respect to solid and hazardous waste management.
Seun Akinlotan, EPA ORCR: A little bit about secular secular was inactive in 1980 and once again cyclic existence for a comprehensive environmental response compensation and liability act, and then we also have that amendment and.
Seun Akinlotan, EPA ORCR: it's called Sarah and it stands for super fun amendments and reauthorization act.
Seun Akinlotan, EPA ORCR: So what are some key things to know about secular secular was that act that established prohibitions and requirements concerning post and abandoned website.
Seun Akinlotan, EPA ORCR: There were a lot of websites, there were abandoned back in the 60s 70s, even do this waste were legal to don at that time when we're done but it began to create problems and Congress decided to act by inaction secular.
Seun Akinlotan, EPA ORCR: and secular also provided the ability for persons responsible for releases of hazardous waste.
Seun Akinlotan, EPA ORCR: At this site, and this is full liability, so it doesn't matter whether you generated the ways and you sent it to a disposal facility you're still responsible for the way so secular provide for full liability.
Seun Akinlotan, EPA ORCR: i'm not a key thing that secular deed words to establish a trust fund to provide for clean up when there's no responsible party.
Seun Akinlotan, EPA ORCR: And then I also wanted to mention that there's a super funds that sackler established books, the Federal facilities do not have access to that superfund the federal facilities are funded through the RD Department of Defense.
Seun Akinlotan, EPA ORCR: And the secular, it also enabled the revision of the national contingency plan.
Seun Akinlotan, EPA ORCR: For Sarah some key things to note I don't want to read the slides, but you have access to this life, but I also wanted to say that Sarah was that amendment that provide for increased focus on human health problems that were posed by husbands, we say.
Seun Akinlotan, EPA ORCR: All right, alright so i'm going to skip this knowledge check.
Moderator Jean Balent, USEPA: Okay, I sorry I closed that one down go right ahead.
Seun Akinlotan, EPA ORCR: that's fine.
Seun Akinlotan, EPA ORCR: Now it's time to talk about some similarities between require and circle, because a lot of people find it difficult to understand what is going on.
Seun Akinlotan, EPA ORCR: So there's similarities between records secular absolutely so let's talk about three of those similarities right now but require i'm secular established cleanup programs, as you know, require.
Seun Akinlotan, EPA ORCR: We have corrective action and then, secondly, we also have remedial actions or response action, so you have to clean up waste, if you have waste on your site and it doesn't matter if the waste is on site or off site.
Seun Akinlotan, EPA ORCR: Both secular require the address, past and present releases and they also have similar angle, which is to protect the human health and the environment and that's the mission that we have here at yay we're here to protect human health and the environment.
Seun Akinlotan, EPA ORCR: So what are some of the differences repressed and secular yes they're very similar, but they also have their differences.
Seun Akinlotan, EPA ORCR: me went through some of the differences and approaches that we cry and settler uses to clean up waste that identified on your site, but I wanted I like some key differences here.
Seun Akinlotan, EPA ORCR: And the first one is that require is a proactive program that regulates how we should manage to avoid potential threats to human health and environment.
Seun Akinlotan, EPA ORCR: So request focuses more on making sure that there's no contamination to keep track of the waste from cradle to grave making sure that everyone is safe and.
Seun Akinlotan, EPA ORCR: is designed to remedy those tracks to human health and your environment from unexpected releases, so you might have a disposal facility or you might have a solid waste management unit on site that is designed to walk properly, but sometimes.
Seun Akinlotan, EPA ORCR: Unexpected things happen and we have releases so secular is designed to remedy those tricks to human health, another key point to note in terms of differences is the fact that all require hazardous waste are regulated as secular hazardous substances.
Seun Akinlotan, EPA ORCR: On the other end secular and compasses require hazardous waste and also includes toxic pollutants that are regulated by the Queen yeah at the clean water act and also the toxic substances control act so secular for short, is a more comprehensive regulation.
Seun Akinlotan, EPA ORCR: require provides for financial assurance so each site that is trying to get a permit is with hired based on ease where, which is the.
Seun Akinlotan, EPA ORCR: puzzles and solid waste amendment of 1984 will be required to provide financial assurance, which means that they have to be able to show the EPA or the state that they are able to.
Seun Akinlotan, EPA ORCR: handle any financial responsibility that results from any type of releases that are call on site or off site.
Seun Akinlotan, EPA ORCR: secular establishes is super fund, which is applicable to many sites, but federal facilities do have their own special fund that they have access to.
Seun Akinlotan, EPA ORCR: and also the facility owner operator implements require corrective action.
Seun Akinlotan, EPA ORCR: A lot of states have been authorized to implement the required program EPA authorizes the state, we have a lot of states that are authorized to do that, and there are a few states that.
Seun Akinlotan, EPA ORCR: Are not authorized and EPA takes the lead, but ultimately for cleanups that will.
Seun Akinlotan, EPA ORCR: require facilities, the facility owner operator would implement the corrective action well EP provides EPA and the state will provide oversight.
Seun Akinlotan, EPA ORCR: And then, with secular different parties can implement is the cloud remedial action in a different number so there's more flexibility in that regard.
Seun Akinlotan, EPA ORCR: All right, let's take this poll let's see can cycle and request be successfully integrated at federal facilities do you think it is possible.
Seun Akinlotan, EPA ORCR: Do you think it's impossible, do you think it's sometimes pecan option.
Moderator Jean Balent, USEPA: Already so i'm seeing lots of answers coming in on this one, this one should be a straight forward.
Moderator Jean Balent, USEPA: And as we're getting it just around two thirds of the audience having voted here remember you can pick any one of the three.
Moderator Jean Balent, USEPA: And then we can talk a bit about where you all have landed as a class, so if you've clicked over to email go ahead and click back over to zoom and cast your vote here on this poll.
Moderator Jean Balent, USEPA: i'm going to go ahead and close the poll here in 321 and let's talk about those results, so it looks like more than half of the audience says, sometimes and almost the other half say yes.
Seun Akinlotan, EPA ORCR: wow.
Seun Akinlotan, EPA ORCR: Good results.
Seun Akinlotan, EPA ORCR: Well let's find out.
Seun Akinlotan, EPA ORCR: Yes, let's find out what's going on.
Seun Akinlotan, EPA ORCR: From a report perspective.
Seun Akinlotan, EPA ORCR: looks like my slides not operating okay so from a report perspective we love integration, everyone would appreciate integration because both programs.
Seun Akinlotan, EPA ORCR: They have similar goals and those goals are to protect human health and the environment, and they are both cleaner programs.
Seun Akinlotan, EPA ORCR: But we do have some constraints to integration, especially from a report perspective so i'm speaking from a request corrective action perspective.
Seun Akinlotan, EPA ORCR: We do have some impediments to integration and one of the big things that have happened over the years is the applicability of programs can be confusing so someone.
Seun Akinlotan, EPA ORCR: or inside a facility, the Federal facility that has the obligation to follow require corrective action and also have that obligation to follow sackler.
Seun Akinlotan, EPA ORCR: Sometimes interpreting what is required for book programs can be really confusing and can we lead roadblocks.
Seun Akinlotan, EPA ORCR: And then also we do have some integration memos that are historical because they are outdated and most of those memos were developed in the 90s.
Seun Akinlotan, EPA ORCR: And now we are in 2022 so those memos and policies filled not filled, but we have new challenges that have happened over the years, so those memos and policies outdated and we also have require.
Seun Akinlotan, EPA ORCR: Like I said earlier that some state authorized to implement the require corrective action program well with secular it's a little bit different so if.
Seun Akinlotan, EPA ORCR: Integration happens there's always this involved, the number of involved parties increases and is just leads to a lot of complexities.
Seun Akinlotan, EPA ORCR: But that's fine those impediments are there are strategies that we can use to improve request a cloud integration at federal facilities absolutely absolutely and we're constantly.
Seun Akinlotan, EPA ORCR: Working and finding better ways so some of those ways are communication, so one of the big things.
Seun Akinlotan, EPA ORCR: That happen at a clean off site is the lack of communication or confusion about who was leading word, so if we have more communication between step plan require programs, especially from a federal facilities.
Seun Akinlotan, EPA ORCR: standpoint, it can help to improve the strategies for integrating federal integrating request a class.
Seun Akinlotan, EPA ORCR: At federal facilities also we can try to be more flexible in our approaches and, of course, number three is collaboration, the more we collaborate, the more we can agree on things, and then come together and make sure that we are protecting human health and the environment.
Seun Akinlotan, EPA ORCR: Right so some.
Seun Akinlotan, EPA ORCR: Requests like light integration is possible on a case by case basis and then federal facilities if you're a federal facility on our prayer should continue to comply with all requests.
Seun Akinlotan, EPA ORCR: and secular regulations are clickable and also when in doubt, be sure to contact your local state and federal officials.
Seun Akinlotan, EPA ORCR: And if you have any questions we have a lot of resources on our website, and you can always reach out to.
Seun Akinlotan, EPA ORCR: People that can answer your questions, thank you very much, and if you have any questions for me directly here's my email, I can handle champ at EPA up though go if you have any questions, please feel free to send in your questions, thank you.
Moderator Jean Balent, USEPA: All right, thank you so much, I do want to remind the audience that that Q amp a space is available to continue to submit questions and comments for our speaker i'm shooting I do have a few that came in.
Moderator Jean Balent, USEPA: And one of these is a more comments sort of observation from one of the attendees so I just want to read this and then you can share your thoughts.
Moderator Jean Balent, USEPA: They note that it's perplexing to them how the federal government uses quote the sovereign immunity stance when it comes to complying with some of the environmental laws and she's just curious they want to know if if you can comment on why that's allowed.
Seun Akinlotan, EPA ORCR: Can you repeat the question.
Moderator Jean Balent, USEPA: So they're confused as to how the federal government uses sovereign immunity stands when it comes to complying with some environmental laws.
Moderator Jean Balent, USEPA: So I believe if i'm reading through the lines sometimes they don't comply with those laws under the stance of sovereign immunity and they want to know why that's allowable.
Seun Akinlotan, EPA ORCR: Well, I don't have an answer to that I don't know why sometimes they comply or why sometimes they don't comply, but I do know that.
Seun Akinlotan, EPA ORCR: There are a lot of complexities that happen at this site and it's not always straightforward it depends on the specific theme going on at that site so it's all about reviewing those sites on a case by case basis okay.
Moderator Jean Balent, USEPA: We I do also want to just make a note a number of people have asked about copies of the presentation materials.
Moderator Jean Balent, USEPA: Those are already posted on the seminar homepage I highlighted those at the start of the class and I will highlight that, at the very end of the class So if you are going to type in and ask for a copy of her wonderful slides we already have copies of those posted.
Moderator Jean Balent, USEPA: And i'll remind everyone how you can access that we did have a question that came in, if you can talk about how the circular a rahr applies to circle a cleanups and i'm not sure me if this is best to hold this one to the later on.
Seun Akinlotan, EPA ORCR: yeah, and these are set by experts.
Emy Laija, EPA FFRRO: I think we can try and revisit that question after we've gone through a few more of the slides.
Moderator Jean Balent, USEPA: Okay, all right well how about this one very basic question me while I have you can you give them a definition for federal facilities.
Emy Laija, EPA FFRRO: Oh sure that's actually a really great question and not one we often receive so in general federal facility or any buildings installations structures land equipment.
Emy Laija, EPA FFRRO: What else aircraft vehicles are generally just property that are either own least or constructed and manufactured for the Federal Government.
Emy Laija, EPA FFRRO: So you might have better facilities that our government own government operated or government owned and contractor operated there is a specific.
Emy Laija, EPA FFRRO: definition for federal facilities in Chapter 15 of the US code it's section 205 see and that really gets into the exact definitions of the federal facility and i'm sure we could post that if people are interested in having that as a resource.
Moderator Jean Balent, USEPA: Okay, all right um we had a question about circular waivers of some record requirements and so me again, should we hold that one back or should we take that one now.
Emy Laija, EPA FFRRO: I would say if you're interested in a rock Star and a bar waivers you should definitely participate in our webinar that speaks about determining a rock at federal facilities, where we go into this in much more detail and again sign up for the course it's coming later this year.
Moderator Jean Balent, USEPA: Okay, all right um and then there's just a sort of a general question, and she and I don't know if you can comment on any EPA guidance is, do you know, have a timescale or timeframe for any updates that might be coming on record related guidance is.
Seun Akinlotan, EPA ORCR: I don't have a date but definitely we're looking into it we're constantly having conversations with asset class coke so I don't have a date but we're working on it okay.
Moderator Jean Balent, USEPA: Excellent all right, well, I think that's all that I see in the queue right now, but I did want to pass on a number of big thank you's from the audience that came in June, a lot of people loved your presentation so kudos to you, they all say thank you very much.
Thank you.
Moderator Jean Balent, USEPA: Alright me i'll hand it back to you.
Emy Laija, EPA FFRRO: awesome Thank you so much.
Emy Laija, EPA FFRRO: let's go ahead and keep on rolling so just in summary June did a great job of talking about our REP raw and circle of how they compare one is a regulatory program with rob regulating waste from cradle to grave and circular is looking at.
Emy Laija, EPA FFRRO: abandoned waste sites so it's more into response program So what are some specific examples of overlap well.
Emy Laija, EPA FFRRO: You can look at the first step after discovery over a release where you're examining the available data, to see if emergency action is warranted that.
Emy Laija, EPA FFRRO: That is an example of overlap both programs allow for short term measures to abate any immediate adverse effects of a release.
Emy Laija, EPA FFRRO: Both involved instigate investigations and formal study to determine that long term cleanup solution.
Emy Laija, EPA FFRRO: And again post analyses are really important and to be able to provide the basis for that formal selection of the remedy and last common goal again we're trying to protect human health and the environment from hazardous waste.
Emy Laija, EPA FFRRO: What i'd like to get into now is a legal lesson looking at retro versus circular at a federal facility site note that this is a bit dated it's we're looking at 1989 and it's a case from the state of Colorado versus the army.
Emy Laija, EPA FFRRO: So we're looking at the rocky mountain arsenal site army and in 1942 army was established by the US army to manufacturer chemical warfare agents and munitions for World War Two.
Emy Laija, EPA FFRRO: So that's 1940s we're going way back there, but in 1987 rocky mountain national was added to the national priorities list, and as a federal facility, but one thing to know at this time.
Emy Laija, EPA FFRRO: APS record policy when the infield esteem was proposed initially in October of 1984 was to exclude an area from an NPs site, if it was record up regulated debt lead disposal unit.
Emy Laija, EPA FFRRO: So this area, known as a base and F at rma it's a lagoon identified as a regulated land disposal unit so EPA excluded it from the npr listing That was our policy at the time okay npr listy moves forward but.
Emy Laija, EPA FFRRO: Prior to that, I just want to point out in 1984 the state of Colorado received authority to run is that URL wreck REP program so that was a couple of years before the listing happened.
Emy Laija, EPA FFRRO: All right, so, then in 1989 we have our credit facilities Agreement that was signed at rocky mountain arsenal.
Emy Laija, EPA FFRRO: So this is where the problems kind of started both Colorado and the army playing jurisdiction and control over the cleanup of the toxic waste in that basement s.
Emy Laija, EPA FFRRO: So Colorado claim jurisdiction over clean up under retro remember it's not on the npl site at this time, the army claimed that required cleanup under surplus should prevent Colorado from interfering again this is before 1992 and.
Emy Laija, EPA FFRRO: The information that shooting just provided, but so we're before that what ultimately happened in this case was that the decision was a federal facility being cleaned up under CIRCA is not immune to stay enforcement actions under record so that was a big.
Emy Laija, EPA FFRRO: deny to the army for this site, and here we have an excerpt of the judges opinion saying you know, given the ordinary meaning of these words federal facility, such as basin F.
Emy Laija, EPA FFRRO: are subject to state and local requirements, respecting the treatment and disposal of hazardous waste, provided that those state and local requirements set out specific and precise standards.
Emy Laija, EPA FFRRO: And the judgment on to say, have you found that Colorado regulations satisfy the standards they're both specific and precise I conclude that the army's motion to dismiss based on this argument must be denied, so that did not go the way the army thought it would.
Emy Laija, EPA FFRRO: Ultimately, as basin would get added to the npl site, but that was many years later, with a lot of back and forth, but I just wanted to focus on that decision.
Emy Laija, EPA FFRRO: Because it showed that states man force their day to day hazardous waste management laws at circle sites and placement on the npl does not present state enforcement.
Emy Laija, EPA FFRRO: And last retro really is more than just an ar it really needs to be seriously considered to ensure that all the requirements are being met.
Emy Laija, EPA FFRRO: But these statements are a rather grand aren't they EPA ultimately had to issue memos and policies to further clarify how to integrate record and surplus and we'll be going over a number of those in the following slides, but first we're going to have a quick poll, to see if.
Emy Laija, EPA FFRRO: we're tracking together gene do you want to run us through that.
Moderator Jean Balent, USEPA: Sure, so i've got that poll open now except this one's a little bit different instead of there being squares to the.
Moderator Jean Balent, USEPA: party circles to the left you'll see Square, so this is a check all that apply, so you may pick multiple answers so simply click the boxes or squares to the left of.
Moderator Jean Balent, USEPA: any or all answers that you think are correct and then hit that submit button.
Moderator Jean Balent, USEPA: Remember, if you need to you can move that pole into around make it wider to read everything, but we do have the questions there on the slide.
Moderator Jean Balent, USEPA: And for those of you on mobile devices, you may need to hit that more menu button to access the polls that have been popped up.
Moderator Jean Balent, USEPA: So me as i'm looking at the results here we've got about 40% of the audience having voted we're getting now up to 50% they do seem to be pretty clearly staking.
Moderator Jean Balent, USEPA: The correct and there's some clear groupings here, so we have some consistency at least amongst the class.
Moderator Jean Balent, USEPA: will give you all, just a few more moments to select either a B, C D or any combination of those things, and of course you can type them into the Q amp a and that might be easier for you, for any reason.
Moderator Jean Balent, USEPA: we're now at about 60% of the audience having voted, and I know, sometimes people need just a moment to read and think.
Moderator Jean Balent, USEPA: So, as I pause here for just a moment see if a few more answers come on in.
Moderator Jean Balent, USEPA: I will go ahead and end this poll down now in 321 and let's talk about those results, so it looks like about two thirds selected a some people selected be a number of you selected see but then, a lot of you almost 90% of you selected D.
Emy Laija, EPA FFRRO: yeah so that's pretty good that correct answers are a and D so substantive portions of REC room maybe in a row for a circle a cleanup action.
Emy Laija, EPA FFRRO: And state hazardous waste laws are enforceable at surplus sites so something to keep in mind all right, well, thank you to everyone for participating in the poll i'd like to switch over to our next instructor Monica would you introduce yourself and take us through the next slide.
Monica McEaddy, EPA FFRRO: Yes, hey Thank you everybody and good afternoon thanks me, my name is Monica katie I also work in a federal facilities restoration reuse office.
Monica McEaddy, EPA FFRRO: i'm my background i'm a chemical engineer, and I have a master's in environmental engineering I worked in the of where i've been working in this in this program for over 20 years and.
Monica McEaddy, EPA FFRRO: Actually delete on Department of Energy sites I coordinate also with our region 10 office in the Seattle area.
Monica McEaddy, EPA FFRRO: And I also am the lead on post construction issues, particularly on five year reviews and the next few slides i'm going to talk about the importance of a federal facility agreement and talk and roles and responsibilities next slide please.
Monica McEaddy, EPA FFRRO: So why are we talking about federal facilities agreement federal facilities agreements under circle section 128 to.
Monica McEaddy, EPA FFRRO: Basically, requires the federal agencies to enter into what we call we call it an ihg or what's in the laws cause the inner inner agency agreement.
Monica McEaddy, EPA FFRRO: But we commonly refer to that as ffa or federal facility agreement.
Monica McEaddy, EPA FFRRO: With EPA for the remedial actions that federal facility sites on the mpl so basically the ffa actually specifies, who is responsible for what and when.
Monica McEaddy, EPA FFRRO: And it's an important document because it identifies the roles and responsibilities of not only the lead federal Agency but also EPA and also and sometimes the state that's if the state is a signatory, on the ffa.
Monica McEaddy, EPA FFRRO: The again the ffa also talks about, as I said, responsibilities as a lead agency, the definition of lead agency that's defined and the.
Monica McEaddy, EPA FFRRO: mesh a contingency plan and that, basically, the lead agency as agency plans and implements response actions under the ncp and provide them in the lead agency provides a.
Monica McEaddy, EPA FFRRO: Lead agency authorities for federal facility sites.
Monica McEaddy, EPA FFRRO: There are some roles different roles and responsibilities for lead agencies if you're if you're the lead agency is department Defense or Department of Energy site, they have a little bit more.
Monica McEaddy, EPA FFRRO: Actually responsibilities related to remove or actions, and that is different from the other federal agency.
Monica McEaddy, EPA FFRRO: So one of the things we talked about is the federal.
Monica McEaddy, EPA FFRRO: federal facilities agreement, I really based on model language and that language was developed in 1988 and then with department Defense and then also modified in 1999 with the department Defense.
Monica McEaddy, EPA FFRRO: Again, the ffa is ensure that the public is informed about and has the opportunity to participate in a cleanup process to ensure safety and protective this.
Monica McEaddy, EPA FFRRO: And the ffa is the important document that really clarifies how circle and record correction action will be implemented.
Monica McEaddy, EPA FFRRO: and will give as we talk as I talk further I have some examples aware that federal facility agreement specifically talks about the circle and record corrective action and roles roles and responsibilities next slide please.
Monica McEaddy, EPA FFRRO: So federal facility agreements one we there as we talked about, they are forcible they circle circle a section 310 the citizen supervision.
Monica McEaddy, EPA FFRRO: They also in addition section 122 l's specifically authorizes and position of civil penalties for failure refuse to comply with an ffa.
Monica McEaddy, EPA FFRRO: According to circle, the ffa has should be entered within 180 days of really have a review of the I fs, which is the remedial investigation feasibility study.
Monica McEaddy, EPA FFRRO: Many times, as we have seen as far as practice many times those negotiations are conducted after the federal facility is promulgated on the mpl.
Monica McEaddy, EPA FFRRO: We at EPA has a policy that basically says that when you're entering the ffa we rather see that being done as the Ani fs is being conducted.
Monica McEaddy, EPA FFRRO: In reason why we have that policy is that it gives us an opportunity not just CPA but if the state of get is a signatory, on if if they it gives us an opportunity to be involved in a process early.
Monica McEaddy, EPA FFRRO: As I mentioned, we do try to have the phase is a three party agreement there, I think, at least three states that do not sign off.
Monica McEaddy, EPA FFRRO: For phase, the state, I live in and merlin is one of them, but we do try to have the effort face as a three party agreement with the lead federal agency EPA and the state.
Monica McEaddy, EPA FFRRO: Just as an aside do he.
Monica McEaddy, EPA FFRRO: has really changed almost all this effort phase, and this is.
Monica McEaddy, EPA FFRRO: Many years ago, to identify EPA is the lead regulatory agency to resolve dueling requirements with state record record corrective actions, with the exception of one site next to him for site in the state of Washington.
Monica McEaddy, EPA FFRRO: Next slide please.
Monica McEaddy, EPA FFRRO: So i'm going to talk about FFS and defining circle record roles, as I mentioned before, we do have what we call the.
Monica McEaddy, EPA FFRRO: model EPA language that talks about between a pH D includes the section there's a section title statutory compliance regulatory read records software integration.
Monica McEaddy, EPA FFRRO: And it's also appears in the EPA in a deity model language, the fort eustis model language is really the that language, the fort eustis language is the ffa that is actually the model language that is used really at Department of Defense sites.
Monica McEaddy, EPA FFRRO: And one of the things i'd like to mention is that.
Monica McEaddy, EPA FFRRO: This section was designed again to identify requirements of each program really that applicant over facility and minimize duplication, the reason why.
Monica McEaddy, EPA FFRRO: This is important, is because in the past, there was a lot of duplication of efforts between the record and a circle program and what we were saying is.
Monica McEaddy, EPA FFRRO: That it was taken longer for the cleanup and of course it was costing more so there's been some efforts, and again I agree that some of those policies are very outdated, but there has been an effort to try to.
Monica McEaddy, EPA FFRRO: To try to explain what we mean by work with circle integration and to try to set some policies regarding record circle integration.
Monica McEaddy, EPA FFRRO: I would say to you that, right now, we have 175 federal facility sites on the national party list mpl.
Monica McEaddy, EPA FFRRO: There is actually two sites, we have wind, it was listed on impale very recent in March of 2022 we're working on with the army corps of engineers on their.
Monica McEaddy, EPA FFRRO: federal facility agreement, but we also have one side with that has been on the mpl for a while, where we are working with the end when we say we are EPA region for the army and also the state of Alabama where we're working on actually.
Monica McEaddy, EPA FFRRO: putting in place a federal facility agreement at that site.
Monica McEaddy, EPA FFRRO: And I think that's important because that site will be that federal facility agreement will be a very good example of record circle integration and, in fact, is a good example of how we're using the record war.
Monica McEaddy, EPA FFRRO: record work to actually do the cleanup at the site where the state of Alabama is the lead on the cleanup on on record side next slide please.
Monica McEaddy, EPA FFRRO: So this is an example travis air force base as a site and region nine in the state of California it's a site where there is specific language in their federal facility agreement regarding records circle integration.
Monica McEaddy, EPA FFRRO: And travis air force base, you know, as I said, is located in California, they had activities and landfills and Friday by training area.
Monica McEaddy, EPA FFRRO: Radioactive burial sites solve a spill acres contaminate groundwater soul and a view in a creek that was contaminated with volatile organic compounds.
Monica McEaddy, EPA FFRRO: The actual as it says the federal facility agreement was signed in 1989 and again this document this federal facility agreement establishing rose the travis air force base the EPA.
Monica McEaddy, EPA FFRRO: The California department of toxic substance control and a San Francisco Bay regional water quality control board would each row each.
Monica McEaddy, EPA FFRRO: Each organization, what role they would have in a restoration at a travis air force base, and it also talked about a formal mechanism of how that how the roles and responsibilities are defined next slide please.
Monica McEaddy, EPA FFRRO: So, and in travis air force base is a clause, which is called clause 17 and again this clause is important because it talks specifically about record circle integration and it's.
Monica McEaddy, EPA FFRRO: Presented basically the three clauses is 17.1 to talks about circle and regulatory regulatory requirements, how they will be satisfied.
Monica McEaddy, EPA FFRRO: clause 713 Point two talks about remedial actions will be protected and no additional corrective action on a record will be necessary and then as a third clause that's.
Monica McEaddy, EPA FFRRO: Against clause 17.3 that's basically states that's requirements to obtain permits for response actions and basically permits for actions under the agreement and that required, as provided for and circle in the ncp and again throughout this clause and we've.
Monica McEaddy, EPA FFRRO: we've highlighted three of them, but throughout this section within the Federal facility agreement it again indicates the activities that will be conducted in a manner to support the intent and objectives of the claws and ensure that there is protection of human health and environment.
Monica McEaddy, EPA FFRRO: Next slide please.
Monica McEaddy, EPA FFRRO: um and let's see wanted to make one comment before we go to apply your understanding and go to the pole all of these.
Monica McEaddy, EPA FFRRO: All of his background information regarding a travis air force base federal facility agreement which we regarding the fort eustis a model language for federal facility agreements is part of your references.
Monica McEaddy, EPA FFRRO: In your documents so that's that's available to you so Jean why don't we go to apply your knowledge and your understanding rather and put up the pole.
Monica McEaddy, EPA FFRRO: So it actually asked which of the following a true regarding.
Monica McEaddy, EPA FFRRO: federal facility agreement, a that it provides a technical, legal management framework under which responses that federal facility is conducted.
Monica McEaddy, EPA FFRRO: Be requires a signature see enforceable and authorized to impose civil penalties for refusal to comply this circle or D must follow the model line is provided in the 1988 model ffa language so did you go ahead.
Moderator Jean Balent, USEPA: Alright, so that pole is up and running, remember, this is one of the select all that apply you're going to be clicking on the boxes, to the left of those options as they appear once you've made your selections go ahead and click the submit button.
Moderator Jean Balent, USEPA: It looks like about a third of the audience has cast their vote so they're thinking through this one Monica they're.
Moderator Jean Balent, USEPA: Over slowly cranking in those responses so we'll give them.
Moderator Jean Balent, USEPA: just another moment or two, and we do have a number of questions that came in regarding ffa, so I think there certainly is some opportunities here in just a few moments to clarify some of their questions here.
Moderator Jean Balent, USEPA: Remember there's.
Moderator Jean Balent, USEPA: there's no penalty if you get this one wrong right we're just checking.
Moderator Jean Balent, USEPA: And then, this might help right.
Monica McEaddy, EPA FFRRO: Checking your knowledge checking whether you know.
Monica McEaddy, EPA FFRRO: What we've said is sinking in I guess.
Moderator Jean Balent, USEPA: yeah exactly well, it looks like we're almost at two thirds of the class having guests or given this their best answer here so i'm going to go ahead and end the poll here at 321 and let's talk about those results, so it does look like almost everybody picked a.
Monica McEaddy, EPA FFRRO: hey Tommy.
Moderator Jean Balent, USEPA: Okay, some psp and then saw a lot of people picked see and then some big D.
Monica McEaddy, EPA FFRRO: So baby is we'll see if that actually brings do not require state signature you again, is our policy that the State sign off on it, but it's not a requirement.
Monica McEaddy, EPA FFRRO: See enforceable and authorized impose civil penalties for refusing to comply to circle, yes, see is actually correct.
Monica McEaddy, EPA FFRRO: must follow the model lines provided in 1988 model it's you don't the must is that is a key things new we want you to follow the model language but there's times, where you have to deviate from that and again.
Monica McEaddy, EPA FFRRO: You know, working with EPA and working with our attorneys we will you know talk about those deviations so it's not a must, but we, we encourage you to follow the 19 8088 model language.
Monica McEaddy, EPA FFRRO: and also the 2009 foot use this model language alright so AMC actually the correct answers, but again there's some nuances to the questions so next slide please.
Monica McEaddy, EPA FFRRO: yeah and again, these are some key guidance, that we want to make sure you aware of.
Monica McEaddy, EPA FFRRO: Again this like.
Monica McEaddy, EPA FFRRO: Everyone has said this some of this guidance is outdated we're going to be working on hopefully to update these goddesses and the updates are based on.
Monica McEaddy, EPA FFRRO: Just experience we've been doing this for a long time, and so we do have some experience and.
Monica McEaddy, EPA FFRRO: record circle integration, and again I think the site and region for and Alabama will his will be a really good example of how we have incorporated record and circle into the federal facility agreement.
Monica McEaddy, EPA FFRRO: All right, I think that's it and Jamie want to go over the questions.
Moderator Jean Balent, USEPA: Absolutely, I can see me there as well, so me you're here to help answer some of those questions, too.
Moderator Jean Balent, USEPA: yeah right.
Monica McEaddy, EPA FFRRO: yeah texting me okay.
Moderator Jean Balent, USEPA: alrighty so let's just jump right in here.
Moderator Jean Balent, USEPA: Are there situations where states are not a member of the ffa.
Monica McEaddy, EPA FFRRO: Yes, yes, there are situations, as I mentioned the state, I live in and merlin does not sign off on federal facility agreements.
Monica McEaddy, EPA FFRRO: And I think there are, I think there's a total me of three states, I can confirm that, but there are three states, and unfortunately I don't have the tip of my tongue, with the other two states are but merlin is one of them, yes.
Moderator Jean Balent, USEPA: Okay, all right all right next question here is our FF a's only for facilities that are on the npl or can there be an ffa for facilities in states where the State takes the lead on circle and state sites are on the npl.
Monica McEaddy, EPA FFRRO: federal facility agreement so only for federal facility size, they don't want a national pride or less the npl.
Moderator Jean Balent, USEPA: Okay um we have someone who's looking for copies of FF phase, and is there a place where specific FA phase are posted are stored, how could someone get a copy of an ffa.
Emy Laija, EPA FFRRO: So so i'll jump in there, the lease agreement should be in the administrative record for the.
Emy Laija, EPA FFRRO: slide you're interested in the lead agency is responsible for maintaining that administrative record and might be productive you know Barry obviously cited on their website, or it might be buried.
Emy Laija, EPA FFRRO: A little harder to find an administrative record, but you can always reach out to that lead agency, they should have a.
Emy Laija, EPA FFRRO: public involvement person identified on their website where you could ask for a copy of that ffa if you're having trouble finding it EPA at this time, does not have a website with all the faq posted, but it is something we've considered doing for questions like this one right exactly.
Monica McEaddy, EPA FFRRO: And if you don't if you are working on a federal facility site and you don't have a copy of your federal facility agreement that's once you hung up on this call get the copy of that agreement get a copy of that agreement and read it and go through it okay.
Moderator Jean Balent, USEPA: All right, um someone would like to know if you can explain F F s are as.
Monica McEaddy, EPA FFRRO: i'm sorry.
Moderator Jean Balent, USEPA: it's a new acronym F F assets and Sam are as in Robert a as an atom and if the questioner wants to type in what that means or their definition of that acronym we can come back to this one.
Moderator Jean Balent, USEPA: Because we do have so i'll wait for clarification on that acronym and this question is.
Moderator Jean Balent, USEPA: About P fast investigations and FF phase one of the attendees wanted to know are P fast investigations typically being conducted under the umbrella of FFS or are they conducted outside of FFS in accordance with state regulations if available.
Monica McEaddy, EPA FFRRO: um, I would like to table that question.
Monica McEaddy, EPA FFRRO: and get a response back from pfs experts in our office.
Monica McEaddy, EPA FFRRO: So, yes.
Moderator Jean Balent, USEPA: Okay i'm.
Emy Laija, EPA FFRRO: stepping on that when, God girl for P past contamination we.
Emy Laija, EPA FFRRO: prefer to have it addressed through circling through that process, however, the site is identifying it be its own operable unit or part of existing operable units.
Emy Laija, EPA FFRRO: So circling as a preferred approach, but since it's an emerging contaminant obviously we're still working through some of the technical aspects of doing that.
Moderator Jean Balent, USEPA: Okay, and we did get a clarifying I believe a clarifying response, so the attendee originally asked, can you also explain F F s ra please.
Moderator Jean Balent, USEPA: They went on to say that the state of California has these for non npls and then said that non npl federal facilities, I don't know if that if if i'm guessing at an acronym federal facility state.
Emy Laija, EPA FFRRO: federal facility support remediation agreement.
Emy Laija, EPA FFRRO: Okay, it might be what they're talking about.
Emy Laija, EPA FFRRO: And so.
Emy Laija, EPA FFRRO: For npl sites, you have your ffa non mpl sites where you have your lead federal agency paying for cleanup and the state.
Emy Laija, EPA FFRRO: serving as the lead regulator.
Emy Laija, EPA FFRRO: they're going to have a separate type of document whatever is appropriate or what is typically used in that state, so I think this may be a question about those non npl sites in California, but since EPA does not play a large role we really can't speak to how they're implemented or.
Emy Laija, EPA FFRRO: or when we're just not a party at the table so little difficult to answer questions there.
Moderator Jean Balent, USEPA: Okay, and this is not exactly an ffa related question but a more general one who determines whether the record requirements have been met.
Emy Laija, EPA FFRRO: So remember in a npl site, you have your federal facility agreement you'll go through the circle of process to issue a proposed plan and ultimately get to a record of decision.
Emy Laija, EPA FFRRO: But there are years of work that go into that process and EPA the state and the lead agency should be working together from the early parts of that circle of process as early as you're scoping for your remedial investigation and throughout.
Emy Laija, EPA FFRRO: The rest of the process to start identifying what those a bars should be and refining them as we get more information and get closer to doing.
Emy Laija, EPA FFRRO: or i'm sorry issuing that record of decision by selecting the remedy so ideally all parties would be a agreement that.
Emy Laija, EPA FFRRO: Those ears are being met and properly identifying which a rod's needs to be included in the decision so really isn't a one party gets to decide, ideally, all parties would be an agreement or you might end up in dispute, which is also.
Emy Laija, EPA FFRRO: A process described in the ffa which could put a halt to that decision moving forward until it's worked out Monica did you want to add anything.
Monica McEaddy, EPA FFRRO: No, and I agree, and if, for you know for state a rush, you should be working with your state power counterpart to figure out what those areas are and you should be working early in the process.
Monica McEaddy, EPA FFRRO: You know the the should be as we talked about communication as far I mean that really is the keys communication and understanding of.
Monica McEaddy, EPA FFRRO: What are you know what is the state is concerned about what EPA is concerned about and what the other federal agencies concerned about the communication is key, so you should be working with them early in the process.
Moderator Jean Balent, USEPA: Okay, there was one last question here and i'm not sure if this was in reference to something in the example slides but it's regarding a roars they state on 17.2 is that, meaning a roars would be implemented.
Emy Laija, EPA FFRRO: yeah I believe they're referring to the travis.
Monica McEaddy, EPA FFRRO: is basically.
Emy Laija, EPA FFRRO: Yes, under your remedial action you wouldn't be meeting you're a rock.
Monica McEaddy, EPA FFRRO: That you're a words yes.
Emy Laija, EPA FFRRO: require right.
Monica McEaddy, EPA FFRRO: Okay, and you would be identifying and meeting those a rose and again those could be state are you are you.
Okay.
Moderator Jean Balent, USEPA: All right, I think we can go ahead and carry on with the presentation at this time right i'll turn it back over to me.
Emy Laija, EPA FFRRO: Thanks Monica alright so we're going to go over some key guidance documents Yes, some of them are a bit old 1996 97 and 2005.
Emy Laija, EPA FFRRO: But until new guidance is issued, these are the items that we refer to so we're going to go over each of these in more detail so we're looking at coordination between records corrective action and closure at surplus sites from 1996.
Emy Laija, EPA FFRRO: Then the 1997 lead regulator policy memo and, lastly, the 2005 improving records circle of coordination at federal facilities.
Emy Laija, EPA FFRRO: So let's go ahead and jump into the first one, and if you're looking for links to these guidance documents again that is available in your participant manual so you can read each of these yourself if you like.
Emy Laija, EPA FFRRO: But with the 1996 memo what it really was trying to get at was reducing duplication of effort can we streamline the cleanup process and also build effective relationships between.
Emy Laija, EPA FFRRO: Our record corrective action and circle of programs, so it includes acceptance of decisions made by other remedial programs so, for example, if a site is being cleaned up under surplus.
Emy Laija, EPA FFRRO: And maybe your state partner is saying oh uh we don't agree with what you're doing so we're going to make you the cleanup agency do more under corrective action.
Emy Laija, EPA FFRRO: That that's not in step with this idea that you should accept each program should accept each other's cleanup decisions as being protective.
Emy Laija, EPA FFRRO: It also identified deferral of activities and coordination among reference surplus and state tribal cleanup programs where appropriate.
Emy Laija, EPA FFRRO: And also coordination on the specific standards and administrative requirements for closure that last one is a doozy so we'll talk more about it in just a second.
Emy Laija, EPA FFRRO: So with program deferral it can be very efficient for both circle and retro to address overlapping cleanup requirements.
Emy Laija, EPA FFRRO: So if record and surplus site managers tend to for cleanup activities for all or maybe even just part of a site to the other program with the understanding that cleanup.
Emy Laija, EPA FFRRO: is not going to be required, or I should say additional cleanup is not going to be required by the differing program you're saying yes, we have faith that this.
Emy Laija, EPA FFRRO: circle program will meet the requirements of REP raw and agree with him, moving forward.
Emy Laija, EPA FFRRO: So that's the example there if a circle cleanup is completed at a record facility, the record program can state that that circle of cleanup is sufficient corrective.
Emy Laija, EPA FFRRO: action and the expectation is that there will be no further clean up required by that different Program.
Emy Laija, EPA FFRRO: So in shorter words a remedy that is acceptable under one program should be acceptable to meet the standards of the other that's the idea and really this concept of different from one program to another is actively used at EPA we.
Emy Laija, EPA FFRRO: prefer it again to avoid that duplication of effort to make sure that resources are being used as effectively as possible.
Emy Laija, EPA FFRRO: So deferral can be a good thing, as far as coordination between programs.
Emy Laija, EPA FFRRO: Sometimes that coordination will be required in scenarios, where the cleanup requirements aren't overlapping, so you can easily say oh that.
Emy Laija, EPA FFRRO: record corrective action is going to meet the cleanup requirements under surplus and and we're going to defer to that if there is no overlap, then.
Emy Laija, EPA FFRRO: Coordination has to be done so federal facility agreements as Monica mentioned are crafted to that cleanup responsibilities are clearly divided so identifies which.
Emy Laija, EPA FFRRO: Parts of the sites are being done under CIRCA or retro and it also show, excuse me also should be identifying a timing sequence, in which those circular and record decision decision documents, excuse me.
Emy Laija, EPA FFRRO: are going to be laid out to get to that final cleanup point so when it comes to circle, a decision documents, it could delay review of units addressed under retro.
Emy Laija, EPA FFRRO: i'm expecting that no additional cleanup will be needed, so you need that coordination to ensure that the documents are moving forward together and there isn't a need to halt a process because.
Emy Laija, EPA FFRRO: there's missing regulations or requirements that have to be considered, and so on that's where the relationships and the communication is so important.
Emy Laija, EPA FFRRO: With record closure and post closure, I would say this is where we see a lot of challenges arise so some records circle integration issues are really associated with.
Emy Laija, EPA FFRRO: What the requirements for closure of REC grow regulated units are with other cleanup activities, so a circle a cleanup plan that includes a retro regulated unit.
Emy Laija, EPA FFRRO: could be structured to comply with both circle up and retro closure i'm close closer requirements.
Emy Laija, EPA FFRRO: So again, that permit for under a record or the record order could cite ongoing circle of cleanup and incorporate the circular requirements by reference in the permanent so that it's in a permit but it's actually been done under circle up.
Emy Laija, EPA FFRRO: That can get you can imagine how that could get a little sticky already then there's this larger issue, this is not covered in the memo but it's just.
Emy Laija, EPA FFRRO: A general issue we've seen at our headquarters office is inconsistent cleanup levels for removal and decontamination.
Emy Laija, EPA FFRRO: That we see could be resolved by using risk based levels only but.
Emy Laija, EPA FFRRO: that's not always how it plays out so some clean closure levels have been set at background well a circle related clean up would have hired them.
Emy Laija, EPA FFRRO: background potentially risk based concentrations and.
Emy Laija, EPA FFRRO: EPA encourages the use of risk based levels for clean kosher, but there are a lot of disagreements there I don't have a solution to this.
Emy Laija, EPA FFRRO: But just identifying that that can be a challenge and it perhaps as a conversation, you should be ready to have at your sites.
Emy Laija, EPA FFRRO: we've seen over time, that many states have insisted that their closure requirements be addressed outside of circle cleanups.
Emy Laija, EPA FFRRO: Because closure requirements did not arise due to clean up, which means they wouldn't come under the circle 121 he one permit exemption.
Emy Laija, EPA FFRRO: So again, it can start to get very sticky, this is an area where a lot of carbonation and communication has to happen, because there can be some just fundamental differences between your federal agencies and state agencies so keep that in mind, Monica did you want to jump in on this one.
Monica McEaddy, EPA FFRRO: um no i'm good Thank you okay.
Emy Laija, EPA FFRRO: Well, I actually am going to pass it over to you now to talk about the lead regulator memo from 1997.
Monica McEaddy, EPA FFRRO: Yes, thanks me and again.
Monica McEaddy, EPA FFRRO: i'm going to talk about the lead regulatory policy for cleanup activities of federal facilities on the national priority list and really this was generated this memo was generated really because of.
Monica McEaddy, EPA FFRRO: At the time, in 1995 administrative brown are.
Monica McEaddy, EPA FFRRO: There, there was a task force a sort of a task force that was form that included, you know not only federal agencies but state and everything and one of the things they talked about was the idea or the definition or the idea of being.
Monica McEaddy, EPA FFRRO: On need regulator and how sometimes when we're trying to integrate record and circling into the cleanup process, sometimes it's difficult to know who is actually the lead regulator and so.
Monica McEaddy, EPA FFRRO: It and also one of the things that this did is to try to eliminate again duplication and streamline cleanup process is through appointing a lead, regulated and it's really geared toward federal facilities.
Monica McEaddy, EPA FFRRO: And this policy really talks about you know, the fact that states can sign on if a phase is equal partners.
Monica McEaddy, EPA FFRRO: And, as mentioned that not that's not always the case, but in some States really did express an interest in being delete oversight Agency have certain parts of the cleanup and and that's that is an opportunity for the you know for the state to be the lead regular regulatory agency.
Monica McEaddy, EPA FFRRO: And we think that a circle remedy will still but but, basically, you know it doesn't this this policy did not go against any of EPA main.
Monica McEaddy, EPA FFRRO: Continue main responsibilities basically EPA still responsible or approve and responsible for remedy selection.
Monica McEaddy, EPA FFRRO: And a primary regulatory agencies, whether it's EPA to state that oversees a cleanup work at inoperable you know area contamination on the applicable regulatory framework and again the purpose was really to sort of try to eliminate duplication and, of course, eliminate costs.
Monica McEaddy, EPA FFRRO: Next slide please.
Monica McEaddy, EPA FFRRO: So need regulators again this memo identified what the lead regulators should actually do it incur a the the 1997 memos states that UPA invoices and encourages the identification of a single Bead regulator.
Monica McEaddy, EPA FFRRO: to oversee to clean up a federal facility sites on the mpl it also talks about that there.
Monica McEaddy, EPA FFRRO: If they wanted to reduce the number of competing oversight processes such as reviewing response actions that occur during clean up.
Monica McEaddy, EPA FFRRO: This again with this this approach would enable states to oversee sites on a federal facility.
Monica McEaddy, EPA FFRRO: Using a State program authorized on the record or other state cleanup authority, once the site was deferred to the program so again, it gives a it reduces the redundancy of the oversight process next slide please.
Monica McEaddy, EPA FFRRO: So streamline oversight agreement for stately cleanup and proportions of site using a record authorized state program or other appropriate authorities, it really involves us has minimum APA environment.
Monica McEaddy, EPA FFRRO: Really rely on a State to do with site work to develop a remedial tentative that EPA can agree on with minimal review.
Monica McEaddy, EPA FFRRO: But it still requires EPA still is required, and these and these actions.
Monica McEaddy, EPA FFRRO: Are not actions that are can be authorized to the State EPA still required to do the list of side only mpl that make the final deletion decisions and to adhere to circle 120 at G and H that deals with property transfer.
Monica McEaddy, EPA FFRRO: Also under EPA lead under circle, are the state's involvement is very minimum, at that point, and, as I mentioned, is when we can we're going to go through a case study.
Monica McEaddy, EPA FFRRO: Later on, about the hanford site where there is certain records circle integration and where the state of Washington does take the lead on some of the circle actions at the site.
Monica McEaddy, EPA FFRRO: But again EPA still has authority for deletion and other activities.
Monica McEaddy, EPA FFRRO: Community involvement, and this is a big, this is also a big deal the 1997 lead regulatory policy Member States there, while federal lead cleanup agencies are responsible, they are responsible.
Monica McEaddy, EPA FFRRO: for providing Community involvement under circling states where they are designated as a lead regulators should work to promote input from communities.
Monica McEaddy, EPA FFRRO: In a manner that fosters Community participation and decisions regarding response actions installations.
Monica McEaddy, EPA FFRRO: That is that is definitely the role of a states federal federal agencies at alito Community involvement, but the state should be involved in promoting and ensuring that communities and form.
Monica McEaddy, EPA FFRRO: And again to stay should take appropriate steps to ensure that they affect the Community and other effective parties.
Monica McEaddy, EPA FFRRO: are kept informed of any differences in the timetables or criteria that may be resolved from integrating the federal circuit process with a State program authorized under record.
Monica McEaddy, EPA FFRRO: also stated in the 1996 memo where EPA the state, instead of facilities are enter into the lead regulatory agreement that is not currently captured in an existing FIFA.
Monica McEaddy, EPA FFRRO: They should make it a republic notice should be provided about those changes so if there's a if we're implementing the regular toy portion of.
The Community needs to know about it next slide.
Monica McEaddy, EPA FFRRO: Now we're going to go through apply your understanding through a poll this poll they're actually there's no there's there's several.
Monica McEaddy, EPA FFRRO: I would say right so for the server answers to this question, thank you gene for pulling up the poll again the benefits of identifying a need regulatory.
Monica McEaddy, EPA FFRRO: regulate excuse me, a single lead regulated includes which of the following and apologize for several go to I met regulator includes which of the following is a minimizing multiple regular regulator.
Monica McEaddy, EPA FFRRO: review and comment be reducing the number of redundant competing oversight processes see a step enable states to oversee sites of the facilities using state program would do last day to list sites on the mpl make final.
Monica McEaddy, EPA FFRRO: Deletion decisions and I here to circle 120 G and H that deal so property transfer so Jane what we go through.
Right.
Moderator Jean Balent, USEPA: So Monica as i'm waiting for some of those responses to come in periodically, it seems like your microphone has been switching I think sometimes it's using the headset and sometimes it's not or I don't know if we're moving that little MIC boom further away.
Moderator Jean Balent, USEPA: But we just had one or two people know that you got a little quieter So if you want to say hi for me.
Moderator Jean Balent, USEPA: Hello sorry you sound good now, so I think that might have been it.
Monica McEaddy, EPA FFRRO: Agreed yeah readjusted my headset sorry about that.
Moderator Jean Balent, USEPA: Not a problem, not a problem, so I do see those responses coming on in again, this is a check all that apply, so you can pick as many options as needed with those boxes, to the left.
Moderator Jean Balent, USEPA: we've got about half of the audience having cast their vote and submitting answers and some additional ones are coming in.
Moderator Jean Balent, USEPA: And as i'm waiting here for just a few moments again people just comment and said, thank you sound perfectly good now Monica so that was all we needed to do to fix it please.
Monica McEaddy, EPA FFRRO: I apologize sorry about that.
Moderator Jean Balent, USEPA: No problem, no problem at all, I think we probably have got what we're going to get and looking at this, it looks like the responses have slowed down.
Moderator Jean Balent, USEPA: So i'm going to go ahead and end this poll and let's talk about those results, so it looks like overwhelmingly be had the largest number of selections but AMC were pretty popular to.
Monica McEaddy, EPA FFRRO: Right exactly so a and see me a minimizing multiple regulatory regulators, excuse me review and comment is definitely a is correct, reducing the number of redundant competing oversight.
Monica McEaddy, EPA FFRRO: Competing oversight processes be absolutely correct enables states to oversee site on a federal facility, using a State probe of CS actually also correct.
Monica McEaddy, EPA FFRRO: D is not correct allows the state to list size on mpl make final deletion and properties found deletion decisions are probably sit transfer issues D is not correct that is not the responsibilities state that continues to be the responsibility of EPA.
Moderator Jean Balent, USEPA: All right, so I will stop those results, and we can carry on.
alright.
Monica McEaddy, EPA FFRRO: So next thing we want to talk about is improving record coordination of federal facilities, again, there was a.
Monica McEaddy, EPA FFRRO: 2005 point nation memo or policy member that really again re emphasize or reiterate the points of previous policies and those policies and memos talked about integration and coordination between circle and record.
Monica McEaddy, EPA FFRRO: And although there have been lots of reforms aimed at approve a circle and streamline a record correct action promos.
Monica McEaddy, EPA FFRRO: issues still arise they still arise related to duplicate efforts and from using record and so quick procedure requirements are for facility size, so this 2000 2005 men will try to address some of those.
Monica McEaddy, EPA FFRRO: Some of those continuing issues at federal facility sites and again its aims to address issues where overlapping records circle procedure requirements or regulatory regimes are applicable next slide please.
Monica McEaddy, EPA FFRRO: So this memo also talked about exit strategy, because there was some concern about when you are actually finish.
Monica McEaddy, EPA FFRRO: and on a surplus side are you are, you also finished on the record side, and so this middle talked about what.
Monica McEaddy, EPA FFRRO: It means to do an exit strategy and how do you integrate records circle integration clauses within an FA FA to identify requirements that are clickable to facility and minimize duplication.
Monica McEaddy, EPA FFRRO: And again, the issue was some states did some States sought to require corrective action close us steps in addition to those under circular.
Monica McEaddy, EPA FFRRO: Any opinion is as their state record processes allow for more public Obama in a context of property trust for, and although this applies to all better properties.
Monica McEaddy, EPA FFRRO: You know it's especially critical for federal properties that may be subject again to property transfer if a final remedy.
Monica McEaddy, EPA FFRRO: will be selected that will leave some contamination place over and we that's going to happen any issues about how this.
Monica McEaddy, EPA FFRRO: might affect property transfer after correction corrective action is complete, should also be a dress up in a planning process again the.
Monica McEaddy, EPA FFRRO: issue is again it's Ben will talks about communications talks about planning up front, making sure we know what how to get to the exit exit out and know and how it applies to circulate in rapper.
Monica McEaddy, EPA FFRRO: Next slide please.
Monica McEaddy, EPA FFRRO: So again, another issue was regarding circling to talks about federal facility property transfer again this integration record circle integration is very can be very important in a property transfer.
Monica McEaddy, EPA FFRRO: Especially when a state involvement is limited under circle.
Monica McEaddy, EPA FFRRO: And again, some states have so requested a record permits be modified and record correct action be closed down, in accordance with state NDP God is approaches, even when activities were under circle.
Monica McEaddy, EPA FFRRO: And this memo talks about that, and the reason why he talks about, that is because, again.
Monica McEaddy, EPA FFRRO: When we're doing property transfer if we're still trying to figure out or coordination between the records circuit programs, we know that that could actually have an impact.
Monica McEaddy, EPA FFRRO: On the time regarding property transfer, we know it also has an impact, also on the costs associated with getting to the end so again this memo.
Monica McEaddy, EPA FFRRO: address that in integrating their facilities record close up process.
Monica McEaddy, EPA FFRRO: With the property transfer process, and this is what were the recommendation, which is undisciplined can minimize additional delays and cost so integrating facility directly close out process.
Monica McEaddy, EPA FFRRO: With property transfer is the key, and those are the things that needs to be done again early in the process, and again i'm increasing the communication between the the federal agency EPA in the statement next slide.
Monica McEaddy, EPA FFRRO: All right, I think that is it we're going to move on to a case study that me is going to talk about and time check Jane do we want to move on to the case study or do we have any questions.
Moderator Jean Balent, USEPA: um I me, I think we might have time for just one question here if that's Okay, and one of the attendees wanted to know kind of state be delegated responsibility for concurring on the five year reviews.
Monica McEaddy, EPA FFRRO: And kind of state be delegated and not for federal facility site okay okay.
Monica McEaddy, EPA FFRRO: um i'm sorry not for npr federal facility side.
Emy Laija, EPA FFRRO: Okay, and i'll just note Monica is our five year review expert and in our federal facilities program so she definitely knows the answer to that one.
Moderator Jean Balent, USEPA: Alright, well, I think, with that we can carry on the case study all right.
Emy Laija, EPA FFRRO: awesome Thank you alright so we're gonna go into a brief case study showing where we have records circle integration at a federal facility site under a federal facility agreement.
Emy Laija, EPA FFRRO: So here we're looking at the hanford site located in South central Washington and in 1989 there was a federal facilities agreement signed between the Department of Energy EPA and the Washington State Department of ecology.
Emy Laija, EPA FFRRO: We refer to as ecology for short, so in this ffa it specifically identified where retro circular and the State dangerous waste program overlap and describes how each program will interface to achieve any efficient regulatory Program.
Emy Laija, EPA FFRRO: So that sounds pretty good right you're like oh yeah it's just clearly laid out in this legally enforceable ffa and it should be easy peasy to move forward.
Emy Laija, EPA FFRRO: Well, not exactly it's a good starting point, but there are still a lot of details that had to be worked out at this site in making sure all these programs were working together.
Emy Laija, EPA FFRRO: Really quick For those of you who are not familiar with the hand for site, there are actually three npl sites located here they're known as the 100 area.
Emy Laija, EPA FFRRO: Which is, let me get my laser pointer here the 100 area which is along the Columbia river where nuclear reactors were built, we have the 200 area where chemical processing activities took place, and then we have the 300 area which had a number of research facilities.
Emy Laija, EPA FFRRO: located there, and so, with these three mtl sites, we had that ffa signed in 1989 and that was when hanford changed from a mission to produce plutonium.
Emy Laija, EPA FFRRO: Historically, for World War Two and the Cold War to clean up so we really switch gears in 1989.
Emy Laija, EPA FFRRO: So, how does this work, how do all these programs work together as lead out in the ffa.
Emy Laija, EPA FFRRO: Well, at the hanford site, there are a number of treatment, storage and disposal units tsp that are managed.
Emy Laija, EPA FFRRO: by the State under a permit and These also include the hanford single and double Shell tanks i'm not sure how many of you have heard of those, but they do get the national news from time to time.
Emy Laija, EPA FFRRO: So that part is a permit operated by the state, so that's where we have this Washington state dangerous waste program and I will note that Washington state is authorized to implement retro.
Emy Laija, EPA FFRRO: In the state, so as far as past practice eunice those are falling under circle up.
Emy Laija, EPA FFRRO: For cleanup However, you can see, with the overlap with wreck road, there were some operable units identified in the FSA as being a record corrective action units, so the idea was that.
Emy Laija, EPA FFRRO: EPA would be the lead regulator for maybe roughly path of the operable units and that ecology, the state would be the lead regulator for some as well, so the state is that, given that lead regulator roll through the ffa.
Emy Laija, EPA FFRRO: Again, when it comes to actually signing off on a circle a cleanup decision and a record of decision that authority always remains with EPA there's no way for that to be authorized to another.
Emy Laija, EPA FFRRO: Identity via the State or another program that stays with the pH circle a program so through this you have circle cleanups moving forward issuing.
Emy Laija, EPA FFRRO: Doing those rfs is issuing the proposed plans have you rods issued for the state lead circle up past practice units or record past practice.
Emy Laija, EPA FFRRO: Also, known as corrective action units are going through a similar process, except with he became a lead regulator on reviewing the state is and with the part of hanford let me go back for a second.
Emy Laija, EPA FFRRO: So you know those tsp, as I mentioned all those underground single Shell and double Shell tanks they're located here in the Center portion of hanford.
Emy Laija, EPA FFRRO: So this is where a large portion of the permit is focus, because it deals with those tsp versus here along the river, we have a number of circular operable units with lead regulatory roles divided between EPA and the state.
Emy Laija, EPA FFRRO: So it can be done again, there are some challenges, this is just a real life example of where circular record and the State dangerous waste program are all play roles in clean up at a federal facility.
Emy Laija, EPA FFRRO: Alright, so the last memo we want to touch on is the management of circle of remediation waste under records, and this is from 1998.
Emy Laija, EPA FFRRO: So under circle section 121 he It states that no federal state or local permit is required for on site circular responses.
Emy Laija, EPA FFRRO: But EPA has interpreted that section to waive the requirement to obtain a permit and associated administrative and procedural requirements of permits.
Emy Laija, EPA FFRRO: However, the substantive requirements would still apply as a bars, even though there's not an actual permit be issued for those circle of cleanup activities.
Emy Laija, EPA FFRRO: When we talk about on site and off site, there can be some confusion so let's get into that a little bit.
Emy Laija, EPA FFRRO: He that offsite role in circles section 121 D3 applies to any circle of response action involving off site transfer of any hazardous substance polluting our contaminant.
Emy Laija, EPA FFRRO: Essentially circular wastes, so you might have a facility that and this i'm thinking of a setup at hanford the hanford site is 586 square miles that's a lot of land.
Emy Laija, EPA FFRRO: On the site is particularly the mpl sites, there might be some permitted facilities that can receive liquid discharge waste.
Emy Laija, EPA FFRRO: But because that waste is going from a circuit clean up to a permitted facility that would be considered.
Emy Laija, EPA FFRRO: As going off site because it's going to facility that's operating in compliance with record.
Emy Laija, EPA FFRRO: and other applicable Federal and State requirements as identified in the permit, so it gets confusing, I will say we have a whole webinar dedicated to this topic, if you have additional questions.
Emy Laija, EPA FFRRO: So why do we have the off site role anyways well really we don't want to make more superfund sites in the future, so it prohibits the transfer of the circle of waste.
Emy Laija, EPA FFRRO: To land disposal facility that may release those contaminants to the environment so EPA has an off site coordinator in each region.
Emy Laija, EPA FFRRO: And periodically every couple of months, they will check in on the facilities that are receiving circle ways to ensure that.
Emy Laija, EPA FFRRO: There are no violations that they're still in compliance so it's not Oh, you get approval as an offsite facility to receive this waste and you're good to go it is revisited quite frequently to ensure we're not disposing of cirque the waste improperly.
Emy Laija, EPA FFRRO: Alright, the next one, we have two more topics i'm going to touch on briefly the first is area of contamination, so this is more of a record term though sometimes you'll hear it used.
Emy Laija, EPA FFRRO: In a surplus space initially when I was starting out with EPA, and I would hear this reference to an area of contamination I wasn't exactly sure.
Emy Laija, EPA FFRRO: Why that was being brought up in a circle of context but there, especially when you have a site where circle and records are being used, you can see how.
Emy Laija, EPA FFRRO: Those terms get jumbled up so under retro an afc allow certain discrete areas of generally dispersed contamination to be considered record units like usually landfills.
Emy Laija, EPA FFRRO: So that area of contamination is equated to a retro land based unit so consolidation and institute treatment of that hazardous waste within the area of contamination.
Emy Laija, EPA FFRRO: doesn't create a new point of hazardous waste generation, for the purposes of record because remember it's the cradle to grave.
Emy Laija, EPA FFRRO: Control of that waste, and it also avoids triggering land disposal restrictions, for example, the need to treat waste before it's disposed of in a landfill in an area of contamination something like that, but wouldn't be triggered.
Emy Laija, EPA FFRRO: And the last item which I helped cover quickly a kangaroo corrective action management unit, again, is a term used in retro, but I have seen at that facility in PL sites and attempt to lead agency to use.
Emy Laija, EPA FFRRO: These corrective action management units in a circle of context and it gets very divisive very quickly, at least in my experience.
Emy Laija, EPA FFRRO: So a camera does not have to meet the land disposal restriction treatment standards it differs from an area of contamination and that waste may be treated exit you and then placed in the camel.
Emy Laija, EPA FFRRO: And they also might be located in an uncontaminated area of the facility and waste may be consolidated into that cameo from areas that are not continuously contaminated.
Emy Laija, EPA FFRRO: And cameras have to be approved by EPA or the authorized state if they have their own program and designated in a permit or corrective action border.
Emy Laija, EPA FFRRO: So that's just a really quick look at what cameras are, if you are working in a circle of cleanup a federal facility and the lead agency is attempting to use these terminologies.
Emy Laija, EPA FFRRO: There may be a way to achieve something similar under circling looking at the offside rule and and how things could be considered on site, but we typically do not use this specific term so if if that's what is presented to you it's time to have a conversation with your your psyche.
Emy Laija, EPA FFRRO: Oh right so we've come to our last slide just really quickly, in summary, better facilities are both operating facilities that are subject to retro and past practice sites that might be subject to both surplus and retro corrective action.
Emy Laija, EPA FFRRO: Remember placement on the mpl does not preempt state enforcement and states may enforce their hazardous waste laws at surplus sites that whole sovereign immunity thing.
Emy Laija, EPA FFRRO: Is out the window as a 1992.
Emy Laija, EPA FFRRO: and remedial programs should continue to minimize any duplication of effort and second guessing of remedial decisions so that threat of well if you don't do it, how we want now we're going to come back.
Emy Laija, EPA FFRRO: With our remedial program or clean up program and make you do more, is really not the intent of duplicating effort and having that lead regulator role identified.
Emy Laija, EPA FFRRO: And lastly, program deferral can be a very efficient way for both surplus and records to address overlapping cleanup requirements at at those sites.
Emy Laija, EPA FFRRO: So we'll go ahead and pause now hopefully we have a few minutes for any last questions on screen, we have our contact information if there any questions and you'd like to reach out to us, the one thing I will say, if you have.
Emy Laija, EPA FFRRO: specific questions and you're looking to engage in that kind of conversation, it is always best to start with our EPA regional folks your remedial project managers who are closest to the work.
Emy Laija, EPA FFRRO: To begin that discussion, but for policy level questions or asking for more information on training resources things like that we're happy to help.
Moderator Jean Balent, USEPA: All right, well, we do have a few questions in the queue and so this first question that I will ask it gets back to five year review so Monica I will just bring your attention to this and.
Moderator Jean Balent, USEPA: So.
Moderator Jean Balent, USEPA: The attendee wanted to know how how else might you state the state's role in reviewing a federal five year review.
Moderator Jean Balent, USEPA: Because they themselves serve as a state regulator and they've actually offered concurrence a few times in five year reviews so they're just looking if you could clarify that.
Monica McEaddy, EPA FFRRO: So, again for MPs sites, you know, particularly you know the state as a signatory.
Monica McEaddy, EPA FFRRO: On the ffa or is involved, and of course involved in some of the cleanup action set aside, they should be reviewing the five year review and also submitting comments.
Monica McEaddy, EPA FFRRO: And we EPA, we should work with them and coordinate with them to you know work out, you know ish you know some maybe some issues.
Monica McEaddy, EPA FFRRO: related to our comments and we both the state and a pH should be submitting comments to the other federal agency that federal agencies to review the comments and work on implementing those comments in the report, so, but again, you know, the idea of the.
Monica McEaddy, EPA FFRRO: EPA has a role and responsibility and five year reviews E PA can either agree with the Federal agencies to protect this determination or issue its own and it's it's geared toward really the idea that the EPA.
Monica McEaddy, EPA FFRRO: Is it's related to the remedy selection process EPA his role is very.
Monica McEaddy, EPA FFRRO: defined in section one section one 20th circle, as far as our world and remedy selection so because we are the you know can be the final again the final arbitrary of the.
Monica McEaddy, EPA FFRRO: Of the selection of the remedy, we also are the final arbiter of this of whether the remedy remains protective of human health and environment.
Monica McEaddy, EPA FFRRO: So hopefully that answered your question, if you have additional questions, please don't hesitate to give me a call.
Moderator Jean Balent, USEPA: Okay, I think that address their questions, so I got a big thank you for you, Monica appreciate it alright our next question do all federal facilities have to have an ffa, even if that facility is only regulated under record and not circle up.
Emy Laija, EPA FFRRO: So for any federal facility site on the npl it is required to have a federal facilities agreement regardless if the program is relying on a record process or a circle of you know, using records, but.
Emy Laija, EPA FFRRO: agreeing that clean up will meet the needs of the circle of program as well, you still need a federal facilities agreement for that federal facility npl say.
Emy Laija, EPA FFRRO: Okay that's not policy that's required by the regulations.
Monica McEaddy, EPA FFRRO: By circle 120 yes.
Moderator Jean Balent, USEPA: Okay, what measures are in place to ensure that you're going to get consensus on those closure goals so, for example, to prevent additional requirements or changes at the end of a cleanup Program.
Emy Laija, EPA FFRRO: I would say that's why we're saying focus on communicating with each other, working together early because there isn't.
Emy Laija, EPA FFRRO: Unless you're planning ahead there aren't really specific measures and Monica correct me if i'm wrong that ensure that consensus, you have to have the working relationships.
Emy Laija, EPA FFRRO: present the those topics and have those conversations early and frequently throughout the process or you'll end up in disagreement at the very end of your cleanup.
Emy Laija, EPA FFRRO: Where perhaps one program doesn't believe that it needs have been met through the cleanup and that's you know you don't want to be there right, I agree, I agree.
Okay.
Moderator Jean Balent, USEPA: This again getting back to the federal facilities and five year reviews okay.
Moderator Jean Balent, USEPA: This is a topic I know we.
Monica McEaddy, EPA FFRRO: We had a we had a webinar five year reviews, and these are great questions and we need to do it again at some something to it, we certainly will do that go ahead, sorry.
Moderator Jean Balent, USEPA: No sure this one, it, it is what if the federal facility is not an npl site.
Moderator Jean Balent, USEPA: So they want to know.
Moderator Jean Balent, USEPA: What is EPA role in that five year review process.
Monica McEaddy, EPA FFRRO: So EPA.
Monica McEaddy, EPA FFRRO: row row is pretty much doesn't exist unless we are asked by the state or the Community to be involved and that's what the 2001 of five year review guidance talks about so i'll roll for non MPs sites really doesn't exist.
Monica McEaddy, EPA FFRRO: Unless we're asked by the state or the communities to get in.
Moderator Jean Balent, USEPA: OK OK.
Monica McEaddy, EPA FFRRO: guys sound better now.
Monica McEaddy, EPA FFRRO: So I do, I was drifting off.
Moderator Jean Balent, USEPA: Probably just.
Moderator Jean Balent, USEPA: Okay, well, I think that is exactly what the think we're getting notes so that's what they were referencing so they, thank you for that.
Moderator Jean Balent, USEPA: And I don't see any other questions here in the queue.
Moderator Jean Balent, USEPA: So i'll just give the audience one more moment here if they want to type something in, and if you don't have any questions that's also equally helpful So if you have no questions for our speakers go ahead and put that in the Q amp a window and let us know.
Moderator Jean Balent, USEPA: Otherwise, if you do have a question, this is your last chance to get those in.
Moderator Jean Balent, USEPA: Before we move on to some of our final reminders here and we did do a session, while i'm waiting to see if any other questions come in Monica like you said, where the focus was five year reviews.
Moderator Jean Balent, USEPA: So maybe that could be a helpful resource, I will point everybody to our archive page here in just a moment where you can find the previously recorded ones, and you can replay that five year review class.
Moderator Jean Balent, USEPA: or session that we do have recorded from earlier in the session are right, so I do see two more questions that came in.
Moderator Jean Balent, USEPA: And I think that this is a similar to the topics that you've talked a bit about on other sessions, but this one's good, this is about FFS how about this one.
Moderator Jean Balent, USEPA: placement on the npl does not preempt state enforcement and therefore states may enforce their hazardous waste flaws at surplus sites and they go on to ask, even if the state has signed the ffa.
Moderator Jean Balent, USEPA: Is that true yeah yes okay all right, and then our next question you said for at npl sites EPA has the final say, but how does this work with the do do.
Monica McEaddy, EPA FFRRO: You mean the final say the body remedy selection.
Monica McEaddy, EPA FFRRO: Yes, yes, I mean, yes it works with it doesn't matter whether it's department Defense Department of Energy for any federal agency.
Monica McEaddy, EPA FFRRO: Section 120 of surplus talks about the fact that the EPA is the final decision maker, and the remedy selection process.
Monica McEaddy, EPA FFRRO: And again, we don't we don't generally you know, we want to work together, we don't want to make those decisions alone, we want to be a be able to reach a consensus.
Monica McEaddy, EPA FFRRO: Because we know by working together and by communicating, we know that that's the that's the best process, we know that process works, we know through the partnering process that we knew we know that works, we know we are able to.
Monica McEaddy, EPA FFRRO: By using that process, we are able to save money and we're able to get these sites cleaned up on a faster pace we know we know that for a fact, so we don't want to make those decisions on our own.
Monica McEaddy, EPA FFRRO: We want to work with the other federal agencies and a State, such that we can reach a consensus on what would be the best remedy for that particular area of concern or that operable given.
Emy Laija, EPA FFRRO: What one other way, I would say that it's.
Emy Laija, EPA FFRRO: Okay, to have a record of decision.
Emy Laija, EPA FFRRO: Without EPA signature do D could sign it, or do we or whatever federal agency can sign, but if EPA doesn't sign that document, it is not a cleanup decision for the site, you need EPA to approve that final cleanup decision or remedy selection at a site.
Moderator Jean Balent, USEPA: Okay.
Moderator Jean Balent, USEPA: And i've had had.
Emy Laija, EPA FFRRO: Some of my partners on site to say Oh well, we're just going to go forward without you.
Emy Laija, EPA FFRRO: Know you're not because you can't because this is that our facility mpl site and we're using circle, so there might be some misunderstanding on the team so knowing how that process works is really important, because it might change the tone of some conversations that you're having.
Monica McEaddy, EPA FFRRO: And, as we said before we know when we get into disputes or disagreements, we know that takes time that takes money and we know that the work is not being done at a site, so we really want to be able to work.
Monica McEaddy, EPA FFRRO: With federal partners in our state to get you know, to come to a you know, to come to a decision together on what the remedy should be.
Moderator Jean Balent, USEPA: Okay, and so some of the questions that I see coming in here are just about how various States compare in clean up programs or.
Moderator Jean Balent, USEPA: Questions about a band in mind sites and some more.
Moderator Jean Balent, USEPA: more specific questions, I think, really, what the best use of our time might be me and Monica is just to remind the audience that they can reach out to any of you directly to ask their questions, they can shoot you all, an email.
Moderator Jean Balent, USEPA: Some of their follow on questions or call you if they'd like to discuss some of these items Is that correct.
Moderator Jean Balent, USEPA: Sure, yes okay all right, I think, with just a few minutes left i'll go ahead and move to our clothes out reminders, but I wanted to make sure me anything that you want to cover before I do that.
Emy Laija, EPA FFRRO: No just a big thank you to everyone who participated today we really appreciate it.
Moderator Jean Balent, USEPA: Alright, so with with that, let me go ahead and turn on a screen share and take back control, and let me walk the audience through just a few final reminders as we get ready to close things out today.
Moderator Jean Balent, USEPA: So, as we started at the very beginning, if you were not here at the start of the class, I just want to remind everybody that this is part of an ongoing series.
Moderator Jean Balent, USEPA: So we are right here on the July 11 date with the record circle integration session, and we will carry on on August 10.
Moderator Jean Balent, USEPA: With our next federal facilities online academy session on groundwater policy overview, so we hope that you will join us and as was noted the very first session we did in the series was on five year reviews.
Moderator Jean Balent, USEPA: So that took place on February 9 and you can find that on our archive on clue in.
Moderator Jean Balent, USEPA: So I will remind everybody that you can visit us at clue in, and you can also look for icons that will allow you to subscribe to our monthly newsletter like tech direct which highlights free webinars like today's session.
Moderator Jean Balent, USEPA: which we push out on the first of each month.
Moderator Jean Balent, USEPA: And for those of you who are looking for copies of the presentation materials we have those posted in something that's known as the student manual.
Moderator Jean Balent, USEPA: So if you head over to the URL shown in red here, this is the seminar homepage it will be active from today forward.
Moderator Jean Balent, USEPA: it's the same page, you went when you registered it's the same place, you went when you checked in to get here for today's live class.
Moderator Jean Balent, USEPA: And it is the same place, that you can go to access presentation materials find our speakers information.
Moderator Jean Balent, USEPA: contact details.
Moderator Jean Balent, USEPA: As well as to provide feedback.
Moderator Jean Balent, USEPA: The only thing I will point out is that you may need to scroll up and down on that page to find the appropriate section, but you'll find a section called webinar slides and references, where you can download the presentation materials in that participant manual.
Moderator Jean Balent, USEPA: And I will ask each of you to take a moment to fill out the online feedback form again it's linked in available on the seminar homepage that I just showed you under a feedback section.
Moderator Jean Balent, USEPA: For those of you who are looking to get a participation certificate, you must fill out that online feedback form in order to receive one of those certificates so simply follow the link over to that form.
Moderator Jean Balent, USEPA: fill out the feedback form, making sure that you check the box at the bottom certifying you are here for the entire session.
Moderator Jean Balent, USEPA: Then, once you submit the feedback form, you should have immediate access to either download or print out a participation certificate, like the one here on the screen.
Moderator Jean Balent, USEPA: We will also attempt to email a copy to you, but depending on.
Moderator Jean Balent, USEPA: Your email settings that may get flagged as junk sometimes your email addresses are incorrectly listed, so it bounces back so it's always a good idea to download or print out that certificate as soon as you see it.
Moderator Jean Balent, USEPA: pop up on the screen after filling out feedback.
Moderator Jean Balent, USEPA: If you happen to share a spot with multiple parties i'll simply ask each of those of you who registered to.
Moderator Jean Balent, USEPA: get this URL to the seminar homepage and direct your colleagues to fill out the feedback form there so that they can get their own participation certificate, even if they didn't register to attend individually.
Moderator Jean Balent, USEPA: With that i'll remind everybody that the seminars were recorded today is just like the others in the series, and it will be posted on the seminar archived webinar page.
Moderator Jean Balent, USEPA: So if you visit us at clue in.org you should see links along the top, which will allow you to navigate to our archived webinar collection.
Moderator Jean Balent, USEPA: I will also email each and every one of you as soon as the recorded version of today's session is available for on demand playback.
Moderator Jean Balent, USEPA: And you'll be welcome to share it with a colleague, if you think that they'll find it useful.
Moderator Jean Balent, USEPA: to watch so with that I want to thank all of our presenters all of our organizers and all of our attendees who joined us from all over the US for today's live session we'll go ahead and formally conclude today's live broadcast Thank you so very much for joining us.