Transfer of Long-Term Response
Actions (LTRA)
ASTSWMO State Superfund Managers
Symposium
August 2010
Tom Short
g
5,, Chicago,
g , IL
U.S. EPA,, Region
1
Presentation Overview
 General LTRA Background and Definitions
 Preparing for the LTRA Transfer and the
Transition to Operation and Maintenance (O&M)
 Lessons Learned
2
Upcoming
p
g LTRA Transfers
 Over 50 sites will undergo LTRA to O&M
transfers between FY2010 and FY2014
3
Fund-Lead Ground Water and
S rface Water Restoration Pipeline
Surface
PCOR
Interim
RA Report
Final RA Report
(Cleanup goals
achieved)
LTRA
<= 10 yrs.
RA
O&M
O&F
<= 1 yr.
4
Long-Term
g
Response
p
Action (LTRA)
(
)
 Limited
Li it d to
t fund-financed
f d fi
d ground
d water
t and
d
surface water restoration remedies.
» The objective of a restoration remedy is to return all or
part of a surface water body or ground water aquifer to
the protective cleanup levels that were specified in the
ROD.
ROD
 EPA pays 90% of the costs, and the State pays
10% during LTRA
LTRA.
 Containment remedies do not include a LTRA
period
period.
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LTRA Guidelines
 LTRA phase begins upon O&F determination
 LTRA ends:
» 1) Ten years after the LTRA begins
begins, or
» 2) When the remedial action objectives (RAOs) have
been met.
Whichever is earlier
 If cleanup goals not met after 10 years, Operation and
Maintenance (O&M) begins
» State pays 100% of O&M costs
6
Operational & Functional
Determination
 EPA and the State should agree on the start of
O&F based on a joint inspection.
 O&F determination occurs either:
» One year after construction is complete, or
» When the remedy is determined to be functioning
properly & performing as designed, whichever is
earlier.
 O&F begins the 10-year LTRA period.
7
Documenting the O&F
Determination
 SSC should outline expectations for O&F
 Memo recommended after joint inspection to initiate
y
“shakedown” p
period g
generally
y concurrent with
1-year
PCOR
 Final O&F determination documented by letter to
appropriate parties (e
(e.g.,
g State)
 RA report not recommended as primary documentation,
p
those reports
p
due to time needed to complete
8
LTRA Considerations After the O&F
Determination Thro
Through
gh Year 10
OF- Years 1
through 6
Year 7
Year 8
Year 9
Year 10
Operation of the
Notify state of
Review property
Notify state
State completes
system; make
adjustments and
repairs as needed
date of LTRA
transfer
transfer and site
access
requirements
again by letter of
date of LTRA
transfer
arrangements for
conducting O&M
Conduct 5-year
Identify
Design and
review(s)
equipment for
i or
repair
replacement
construct changes
t system
to
t
or contractors
receive training
State begins
manuals and
plans
Consider
optimization
review
staffing activities
for O&M
Consider
optimization
review if not
previously
f
d
performed
Revise all
Prepare transfer
permits,
warranties, and
other agreements
State personnel
Complete all
documents and
arrangements
EPA sends final
letter confirming
transfer and
schedule for
remaining actions
9
Optimization
p
Reviews During
g LTRA
 Used to enhance effectiveness of the system,
speed clean up, and reduce costs
 Most appropriate
pp p
for more complex,
p
longerg
term projects that require more O&M funds
 Technology changes may result in a re-
evaluation of the remedy.
10
Transitioning
g from LTRA to O&M
 States should have a clear understanding of the
cost, and the technical and performance
requirements
 EPA remains responsible for oversight of O&M
after
ft transfer
t
f
11
During
g the O&M Period
 State assumes responsibility for conducting O&M
 State provides progress reports to EPA as agreed
 EPA or State conducts subsequent five-year
reviews
 EPA and State determine when cleanup goals
have been achieved
 EPA or State prepares final RA report
12
Recalculating
g LTRA Duration
 Policy on Recalculating the Long
Long-Term
Term Response Action
(LTRA) Ten-Year Time Period
» OSWER Directive 9355.0-109 (July 2006)
 HQ consultation required to recalculate LTRA ‘clock’
 Generally not affected by:
» Optimization, remedy changes expected to achieve goal
faster/cheaper
g that do not trigger
gg fundamental change
g
» ARAR changes
 May be affected by:
» Previously unidentified contaminant, generally requiring a
fundamental change to the remedy
remedy, or a natural disaster that
requires rebuilding
13
EPA-Funded Repairs
p
During
g O&M
 Directive on Paying for Remedy Repairs or Modifications
during the State Funded Period of Operation and
Maintenance (O&M)
» OSWER Directive
Di ti 9375.2-12
9375 2 12 (A
(Aprilil 2007)
 HQ consultation required to fund O&M repairs
 May be affected by:
» Latent design or construction defect that affects protectiveness
» New, previously unidentified contaminant requires a fundamental
change to the remedy (ROD Amendment)
» ARAR change that cannot be met by current system
 Generally not affected by:
» Natural disaster that requires rebuilding
14
Lessons Learned
 Do not wait until years 9 or 10 of LTRA to begin discussing
the transition to O&M
 Do not forget to make O&F determinations for RP-lead
actions.
 Do not wait until year 10 of LTRA to discuss whether other
more economical, yet equally protective remedies, should
be considered.
 There is no “snooze
snooze button”
button on the LTRA clock
clock. If
fundamental changes to the remedy are necessary, it may
be considered a separate action with a separate LTRA
clock
clock.
15
References
 EPA’s Post-construction website
www.epa.gov/superfund/cleanup/postconstruction/index.htm
 “Transfer of Long-Term Response Action (LTRA) Projects
to States” (July 2003, OSWER 9355.0-81FS)
 “Operation and Maintenance in the Superfund Program”
(M 2001
(May
2001, OSWER 9200
9200.1-37FS)
1 37FS)
16
Contact Information
Tom Short
U.S.
U
S EPA
EPA, Region 5
5, Chicago
[email protected]
312-353-8826
BUT I’D REALLY RECOMMEND YOU CALL YOUR
REGIONAL COUNTERPARTS
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