Evaluation of Cleanup Levels for Remedial Action at CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) Sites Based on a Review of EPA (Environmental Protection Agency) Records of Decision

摘要

The review revealed that the record of decision (ROD) is an imperfect instrument for examining the issue of how clean is clean. The expectation of finding cleanup goals in each ROD was not fulfilled for at least four reasons. First, many sites are cleaned up in discrete steps or operable units; hence, a ROD may not cover the full remedy. Second, the technical feasibility of cleaning up a site is often unknown. In such cases, cleanup levels are defined after implementation of the remedy and not before. Third, the EPA often designs flexibility into the remedy selection process. In such cases, the ROD does not make a decision on waste treatment technology and, hence, the cleanup goal. Finally, some RODs are simply deficient, lacking clarity, pertinent text, or substantive information. This review makes it clear that most Superfund cleanup goals fall short of returning sites to a pristine condition. However, the EPA has been consistent in its remedy selection. Details may vary, but the gross features of remedies are largely consistent and predictable. Uniform standards are not achieved in each cleanup because most sites present complex and often unique cleanup problems. Remedies to reduce the toxicity, volume, or mobility of hazardous wastes without land disposal are expensive, technically difficult, and sometimes unavailable. As a result, the EPA opts for practical solutions and defends its actions with carefully crafted narratives intended to minimize regulatory, legal, and bureaucratic entanglements. Hence, ''clean'' becomes whatever can be done at a reasonable cost with the technology available and that will be accepted by the public. 18 refs., 2 figs., 20 tabs. (ERA citation 14:017155)