[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Notices]
[Pages 29595-29596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13677]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5216-2]
Land Use Directive
AGENCY: Environmental Protection Agency.
ACTION: Notice of Availability of ``Land Use in the CERCLA Remedy
Selection Process.''
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SUMMARY: The U.S. Environmental Protection Agency (EPA) has issued a
directive entitled ``Land Use in the CERCLA Remedy Selection Process''
(OSWER Directive Number 9355.7-04). This directive outlines guidelines
to consider when developing ``reasonably anticipated'' future land uses
in the CERCLA remedy selection process. It recommends early community
involvement, which EPA believes should result in a more participatory
and better informed decisionmaking process; greater community support
for remedies selected as a result of this process; and more expedited
cleanups.
ADDRESSES: To obtain a copy of this land use directive contact the
National Technical Information Service (NTIS) at (703) 487-4650 and
request ``Considering Land Use in the CERCLA Remedy Selection
Process,'' 9355.7-04/PB95-96324/EPA540/R95/052.
FOR FURTHER INFORMATION CONTACT: The RCRA/Superfund Hotline at (800)
424-9346 (in the Washington, DC metropolitan area, (703) 412-9810). The
Telecommunications Device for the Deaf (TDD) Hotline number is (800)
553-7672 (in the Washington, DC metropolitan area, (703) 412-3323). Or
contact Sherri Clark, Remedial Operations and Guidance Branch,
Hazardous Site Control Division, Office of Emergency and Remedial
Response (5203G), U.S. Environmental Protection Agency, 401 M Street
SW., Washington, DC 20460 at (703) 603-8820.
SUPPLEMENTARY INFORMATION:
A. Background
The U.S. Environmental Protection Agency responds to releases and
threatened releases of hazardous substances under the authority of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA). Regulations governing such responses are found in the
National Oil and Hazardous Substances Pollution Contingency Plan or
NCP. The process for remedy selection in the NCP generally requires
that a remedial investigation be performed to identify the nature and
extent of contamination at National Priorities List (NPL) sites. The
remedy selection process also requires that a feasibility study be
completed which [[Page 29596]] develops potential remedial alternatives
for cleanup of the site. These remedial alternatives, which are aimed
at protecting human health and the environment, should specify the
acceptable level of contaminants of concern in a particular media as
well as the associated exposure route(s). Knowing the projected future
use of the land affects the determination of the exposure route(s) and
receptor(s) of concern for the remedial action objectives.
Many people believe that EPA ``chooses'' residential land use in
the risk assessment and remedy selection steps regardless of whether
that use is relevant to the site. At many sites, the risk assessment
evaluates the future residential scenario as a point of information to
aid the decisionmaker in assessing the consequences of remedy
selection. This is different from premising the final remedy, or even
the baseline risk assessment, on future residential use. Many sites,
while not currently residential, have residences adjacent or in close
proximity. Consequently, current residential use is not assessed, while
future residential use may be very relevant in the context of the site.
Analyses by the Office of Solid Waste and Emergency Response
(OSWER) show that residents currently live on 15% of NPL sites, that
31% of NPL sites are used currently for industrial use, and that 25% of
NPL sites are used currently for commercial use. For those sites where
EPA has looked at potential future land use(s), 26% of the sites are
expected to be residential, 35% of the sites are expected to be
industrial, and 24% of the sites are expected to be commercial. These
statistics represent the land uses at the facility itself; however,
approximately 80% of the NPL sites have residents surrounding the site
which would lead the Agency to consider residential use as a reasonably
anticipated future land use for the site.
Given the diversity of land uses at and surrounding the site,
determining the ``reasonably anticipated'' future land uses may be a
challenge. Therefore, EPA believes that it is useful to involve the
affected community and stakeholders in the scoping stage of the RI/FS
process to begin discussions of what the future ``reasonably
anticipated'' land uses might be.
OSWER analyzed the post-remedial land use at completed NPL sites
and compared that with the projected future land use at the time the
Record of Decision was signed. The analysis showed that approximately
50% of the sites with future residential land use predicted are
currently vacant. In comparison, only 23% of the sites with future
industrial or commercial use predicted are vacant. The land use
directive promotes discussions between the local land use authorities,
the community groups, and the land owner(s) which may assist in
avoiding vacant lots in the future and instead, to facilitate
productive reuse of the property.
B. Summary of the Directive
The directive recommends early community involvement during the
scoping phase of the Remedial Investigation/Feasibility Study (RI/FS)
to develop reasonable assumptions regarding future land use(s)
anticipated at a Superfund site. EPA believes that early community
involvement, with a particular focus on the community's desired future
uses of a property associated with the CERCLA site, should result in a
more participatory and better informed decisionmaking process; greater
community support for remedies selected as a result of this process;
and, more expedited cleanups. Where there are environmental justice
concerns, extra efforts should be made to reach out to and consult with
affected community members who may not be reached through conventional
outreach and communication vehicles. The directive is generally
consistent with, and will help to implement, principles that were
discussed and widely agreed upon in last year's CERCLA reauthorization
debate. The directive is not as specific as some of last year's
proposed legislation with respect to the degree of deference that EPA
should give the community in determining reasonably anticipated land
uses at the site, but clearly calls for a substantial community role.
The directive also recommends meeting with local land use planning
officials and identifies sources of information to which one might look
regarding the history and likely future of the property. Where the
local planning process has involved thorough and broad-based public
participation, EPA will be able to rely on planned uses resulting from
that process with a greater degree of certainty than where that is not
the case. At some sites there are environmental justice concerns and
the local residents near the Superfund site may feel disenfranchised
from the local land use planning and development process. In these
instances, the directive calls attention to the need for special
efforts to involve the full range of community residents.
In addition, the guidance describes how anticipated land uses are
considered in the RI/FS and remedy selection process. Remedial action
alternatives developed in the RI/FS process should generally reflect
the reasonably anticipated land use or uses. In some instances,
concerns about cost or practicability may make it necessary to consider
other possible uses. Land uses that will be available following
completion of remedial action are determined as part of the remedy
selection process. During this process, the goal of realizing
reasonably anticipated future land use potential is considered along
with other factors. Any combination of unrestricted uses, restricted
uses, or use for long-term waste management may result.
Goals
EPA's goal is to issue this land use directive to assist EPA's
Regional offices in developing reasonable assumptions regarding
anticipated future land uses at a site for use in the RI/FS.
Please contact individuals and offices listed in the sections of
this notice entitled Addresses and For Further Information Contact to
learn more about the Land Use Directive.
Dated: May 30, 1995.
Elliott P. Laws,
Assistant Administrator.
[FR Doc. 95-13677 Filed 6-2-95; 8:45 am]
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