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FAQs: Government Market

Environmental projects in the government sector often require specialized knowledge of federal, state and/or local regulations, an increased number of involved parties and greater attention to detail and information sharing. In this FAQ page, we hope to provide you with useful information to help you better understand a few of the basic regulations and agencies associated with government sector environmental projects.  Just click on the questions of interest below for more information or Contact us 412-264-6453 or email info@appliedgeology.net 

THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)

What is RCRA?

The Resource Conservation and Recovery Act (RCRA) is an amendment to the Solid Waste Disposal Act of 1965. It was enacted to address large amounts of municipal and industrial solid waste that is generated nationwide.  RCRA has four major goals: 1) to protect human health and the environment from the potential hazards of waste disposal, 2) to conserve energy and natural resources, 3) to reduce the amount of waste generated, and 4) to ensure that wastes are managed in an environmentally sound manner. The RCRA regulations are contained in title 40 of the Code of Federal Regulations (CFR) parts 239 through 282. 

What is the RCRA Corrective Action Program?

The RCRA Corrective Action Program is a requirement under RCRA for facilities that treat, store, or dispose of hazardous wastes. It ensures that these facilities investigate and clean up hazardous releases into soil, ground water, surface water and air. The US Environmental Protection Agency (EPA) has the authority to require corrective action at permitted and non-permitted treatment, storage, and disposal facilities (TSDFs).

What is the RCRA Corrective Action Process?

The RCRA corrective action cleanup process focuses on cleanup results rather than specific steps. A typical cleanup may include steps such as: initial site assessment, site characterization, interim actions, evaluation of remedial alternatives, and implementation of the selected remedy.

THE COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA)

What is CERCLA?

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) is a statute that deals with cleaning up inactive and abandoned hazardous waste sites. The law authorizes two kinds of response actions: 1) short-term removals, where actions may be taken to address releases or threatened releases that require prompt response; and, 2) long-term remedial response actions that permanently and significantly reduce the dangers associated with releases or threats of releases of hazardous substances that are serious, but not immediately life threatening. These actions can be conducted only at sites listed on US EPA’s National Priorities List.

What is the National Priorities List (NPL)?

The National Priorities List (NPL) is a list of nationally prioritized sites with known releases or threatened releases of hazardous substances, pollutants, or contaminants. The NPL is intended primarily to guide the US EPA in determining which sites warrant further investigation.

What is Superfund?

Superfund is the common and informal name for CERCLA.  It allows the US EPA to clean up contaminated sites. It also forces the parties responsible for the contamination to either perform cleanups or reimburse the government for EPA-led cleanup work.  When there is no viable responsible party, Superfund gives the US EPA the funds and authority to clean up contaminated sites. 

What is a Consent Decree?

A Consent Decree is a legal document, which is submitted by the US Department of Justice, on behalf of the US EPA, to a federal judge for approval to settle a case. It can be used to formalize an agreement between the US EPA and potentially responsible parties (PRPs) for cleanup actions at a Superfund site. Consent decrees are also signed by regulated facilities to cease or correct certain actions or processes that are polluting the environment and may include payment of penalties. The Clean Water Act (CWA), Clean Air Act (CAA), Toxic Substances Control Act (TSCA) and other federal environmental laws all use consent decrees.

What is a Remedial Investigation/Feasibility Study?

After a site is listed on the NPL, a remedial investigation/feasibility study (RI/FS) is performed at the site. The Remedial Investigation (RI) serves as the means to characterize the site, determine the nature of the waste, assess the risk to human health and the environment, and conduct treatability testing to evaluate the potential performance and cost of the treatment technologies that are being considered. The Feasibility Study (FS) is the mechanism for the development, screening, and detailed evaluation of alternative remedial actions.

STATE OF OHIO

What is the Ohio Voluntary Action Program (VAP)?

Ohio’s Voluntary Action Program (VAP) was instituted as a means for private-sector businesses to voluntarily investigate and cleanup properties with possible environmental impacts by maximizing private-sector resources and minimizing legal and regulatory barriers. Developed by the Ohio Environmental Protection Agency (OH EPA), the VAP allows anyone to clean up a contaminated property under the direction of a Certified Professional (CP), such as a private-sector engineer or scientist, without direct oversight from the Ohio EPA. Upon project completion under specific VAP standards, the CP can file a No Further Action (NFA) letter, which describes the environmental issues at the site, means of property investigation and the methods/results of any cleanup actions. Upon meeting VAP cleanup standards, the Ohio EPA will issue a Covenant Not to Sue, which protects current and future property owners and associated parties from legal responsibility to the State of Ohio for further investigation and cleanup under the same property use and maintenance conditions.

COMMONWEALTH OF PENNSYLVANIA

What is Pennsylvania Act 2?

Pennsylvania Act 2 is more formally known as the Land Recycling Program, which was enacted under a series of legislation (initially, Acts 2, 3 and 4 in 1995) with the purpose of encouraging private-sector, voluntary cleanup and productive use of industrial properties that are environmentally impacted, vacant or underutilized.  Under the Pennsylvania Department of Environmental Protection (PA DEP), the goal of Act 2 is to stimulate economic growth in urban areas, reduce urban sprawl and deter development of natural and agricultural lands. Act 2 established uniform standards for background, statewide health and site-specific cleanups, instituted financial assistance for assessment and remediation efforts, standardized the submission and review process and created a pathway to future state and federal liability protections to encourage property transaction and redevelopment.

STATE OF WEST VIRGINIA

What is the West Virginia Voluntary Remediation Program (VRP)?

West Virginia’s Voluntary Remediation Program (VRP) was established in 1996 to encourage voluntary cleanup and redevelopment of environmentally impacted or underused properties through a flexible and structured system to achieve compliance. Under the West Virginia Department of Environmental Protection (WV DEP), VRP uses risk-based cleanup standards that focus on future land use and specific site conditions. Attainment of acceptable cleanup standards are based on the level of risk to human health and the environment, specific to each property, in an effort to reduce the amount of time and money required to achieve compliance and relief from future environmental liability.