Contingency remedy

An important component in the implementation of MNA is the specification of a contingency remedy. This is a cleanup approach specified in the site remedy decision document that is triggered by performance criteria that indicate the MNA is not operating as anticipated. Contingency plans are not unique to MNA, but are included where there is uncertainty regarding performance of a selected technology. 

An EPA contractor has prepared a draft remedial action master plan (RAMP) for the Mead site. The contractor recommends further exploration to determine if any undiscovered potliner piles exist and also further geological studies. This recommendation is contingent on cost versus benefit of the action. 

Both removal and remedial actions may be carried out at the same site. To accomplish these tasks, CERCLA has given cleanup authority to U.S. EPA, has established the Hazardous Substance Response Trust Fund (Superfund) to finance the remedial actions at CERCLA sites, has initiated a procedure for the emergency response to accidental spills, and has imposed cleanup liability on those responsible. The National Contingency Plan (NCP) was developed in 1982 and in 1985 as the regulatory framework to guide these responses. 

Vacuum extraction alone is limited to treating unsaturated soils, and successful remediation is contingent upon factors such as soil properties and the volatility of the contaminants. Ideally, measured soil permeabilities should range between 10 " and 10 cm/sec, and contaminants should have a Henry s constant of 0.001 or higher. Also, sites with complex stratigraphy or contaminant distributions may require pilot demonstrations prior to the full implementation of a vacuum extraction system. 

Section 104 of Superfund authorizes the President to remove or remedy any release or threatened release to the environment of any hazardous substance, as defined in Section 101(14) of the Act, or any other containment which may present an "imminent and substantial danger" to the public health or the environment. He may accomplish this by removing the hazardous substance, or by taking "any other response measure," unless he determined that such removal or remedy will be done by some responsible person. Regardless of which course the President chooses, Section 104(a)(1) states that it must be "consistent with the national contingency plan." Section 111(a) directs that the costs of such federal response be borne by the response fund created by the Act. 

Remediations are conducted according to the National Contingency Plan and refer to permanent cleanups. 

General remediation process is specified under the uperfund s National Contingency Plan as follows ... 

Response A contingent plan should be developed while the confirmation is taking place. This should include the release of precautionary notices and readiness to implement an emergency response plan. Should a biological threat be confirmed, a procedure (planned and practiced) should be implemented for remedial action. This would include authority and public notification, containment, and/or diversion of the water, and medical alert and response. 

Figures for environmental expenditure are provided in the annual report. In 1999 PPG had cash outlays of US 22 million and charges against income of US 10 million in relation to environmental remediation. It also had reserves for environmental contingencies of US 82 million, although it is stated the Company may be subject to loss contingencies related to environmental matters estimated to be as much as 200 million to 400 million .

There are basically two separate cleanup processes prescribed by CERCLA and the National Contingency Plan. Removal actions are intended to address emergency situations or time-critical concerns. While they can entail permanent remedies, in general, removal actions are intended as a temporary remedy to prevent, minimize, or mitigate a release of hazardous substances. Remedial actions, on the other hand, entail a more thorough evaluation of site conditions and risks and result in permanent remedies. 

All costs of removal or remedial action incurred by the United Stated government or a state or an Indian tribe not inconsistent with the national contingency plan ... 

CAP will be detailed but flexible. It will not be prescription, but will set out procedures that can be adapted to address-specific events. At a minimum, contingency action is likely to involve an increased frequency/scope of monitoring to allow the cause to be identified and a decision taken on the requirement for remedial action. For a more serious pollution incident, immediate emergency remedial action might be necessary. Procedures in the CAP will include, at a minimum, requirements for ... 

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