Cleanup Process
The following link contains information about the CERCLA Decision Process: CERCLA Decision Process
EPA Brochure
The EPA has provided a brochure for the citizens of communities which are affected by the Superfund Process. This brochure provides background information about the Superfund Process, the characteristics that lead to a Superfund classification, and general information about what can be expected throughout the process. The brochure can be found here.
Governing Laws and Agreements
Cleanup of contamination at the PGDP site is coverneg by several federal laws including CERCLA and RCRA. The actual cleanup process is controlled by an agreement between DOE, USEPA and the Commonwealth of Kentucky called the PGDP Federal Facilities Agreement. The details of that agreement are provided in the PGDP Federal Facilities Agreement and the 2003 Agreed Order.
Regulatory History
Regulatory Issues
In 1988, the Kentucky Cabinet for Human Resources (CHR) Radiation Control Branch (RCB) discovered Technetium-99 (99 Tc) in private drinking-water wells northwest of the Paducah Gaseous Diffusion Plant (PGDP). Technetium-99, a man-made radioisotope that is a by-product of nuclear fuel rod fissioning, was introduced to the PGDP enrichment process through spent nuclear fuel rods from the US DOE Hanford and Savannah River nuclear facilities. The discovery of 99 Tc and, subsequently, Trichloroethylene (TCE) in drinking-water wells led US EPA and US DOE to enter into a formal Administrative Consent Order (ACO) under Section 104 and 106 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The ACO required that US DOE investigate and address the nature and extent of PGDP-related contamination and the potential impacts on human health and the environment.
On May 13, 1991, the Commonwealth of Kentucky and US DOE signed an Agreement in Principle (AIP). This non-regulatory program provides funding for independent, impartial, and qualified assessments of past, present, and future environmental and health issues related to but not addressed by CERCLA and other regulatory programs at contaminated US DOE sites. Agreements in Principle were initiated by US DOE to provide funding for additional data collection and assessments in response to potential public distrust of the agency related to cleanup of existing sites.
On August 19, 1991, Kentucky issued US DOE a Resource Conservation Recovery Act (RCRA) permit for the treatment and storage of hazardous PGDP wastes. The RCRA permit requires US DOE to comply with environmental laws and regulations in the cradle-to-grave management of hazardous wastes, worker safety, record keeping, emergency planning and prevention, and protection of public health and the environment.
On May 31, 1994, US EPA placed the PDGP on the Superfund National Priorities List (NPL), which identifies contaminated sites across the nation that US EPA has designated as high priority based on potential threats to human health and the environment. Following a site’s addition to the NPL list, federal law requires that responsible state and federal agencies enter into a Federal Facilities Agreement (FFA) outlining the agencies’ roles and responsibilities. These roles and responsibilities include investigation and implementation of corrective measures, as well as the integration of state and federal cleanup requirements into an effective and comprehensive process. After four years of negotiation, US DOE, US EPA, and the Commonwealth of Kentucky formally signed the FFA in 1998.
Specific timelines for specific remediation projects associated with the site are established and tracked via the FFA and an annual Site Management Plan developed by US DOE. Assurance of project performance is provided by a CERCLA five-year review process.
Superfund Cleanup Process (adapted from www.epa.gov/superfund/cleanup/index.htm)
Because the PGDP has been designated a National Superfund Site, clean up of the site is governed or controlled by the Superfund Cleanup Process. The Superfund cleanup process begins with site discovery or notification to US EPA of possible releases of hazardous substances. Sites are discovered by various parties, including citizens, state agencies, and EPA regional offices. Once discovered, sites are entered into the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS), US EPA's computerized inventory of potential hazardous substance release sites. Some sites may be cleaned up under other authorities. US EPA then evaluates the potential for a release of hazardous substances from the site through these steps in the Superfund cleanup process. Community involvement, enforcement, and emergency response can occur at any time in the process. A wide variety of characterization, monitoring, and remediation technologies are used through the cleanup process. The basic steps of the process are summarized below.
| PA/SI | Preliminary Assessment/Site Inspection Investigations of site conditions. If the release of hazardous substances requires immediate or short-term response actions, these are addressed under the Emergency Response program of Superfund. |
| NPL Listing | National Priorities List (NPL) Site Listing Process A list of the most serious sites identified for possible long-term cleanup. |
| RI/FS | Remedial Investigation/Feasibility Study Determines the nature and extent of contamination. Assesses the treatability of site contamination and evaluates the potential performance and cost of treatment technologies. |
| ROD | Records of Decision Explains which cleanup alternatives will be used at NPL sites. When remedies exceed 25 million, they are reviewed by the National Remedy Review Board. |
| RD/RA | Remedial Design/Remedial Action Preparation and implementation of plans and specifications for applying site remedies. The bulk of the cleanup usually occurs during this phase. All new fund-financed remedies are reviewed by the National Priorities Panel. |
| Construction Completion | Construction Completion Identifies completion of physical cleanup construction, although this does not necessarily indicate whether final cleanup levels have been achieved. |
| Post Construction Completion | Post Construction Completion Ensures that Superfund response actions provide for the long-term protection of human health and the environment. Included here are Long-Term Response Actions (LTRA), Operation and Maintenance, Institutional Controls, Five-Year Reviews, Remedy Optimization. |
| NPL Delete | National Priorities List Deletion Removes a site from the NPL once all response actions are complete and all cleanup goals have been achieved. |
| Reuse | Site Reuse/Redevelopment Information on how the Superfund program is working with communities and other partners to return hazardous waste sites to safe and productive use without adversely affecting the remedy. |