Kurzbeschreibung
OCLC Number: 53977421 Excerpt: ... E1SFF8-11-0020-8100234 State Deferrals: Some Progress, But Concerns For Long-Term Protectiveness Remain remedy for the third site was almost identical to CERCLA and required that a five-year review be performed every five years to ensure that the remedy continues to protect human health and the environment. Five-year reviews were not required for the remaining eight sites. One of the eight sites ( Bata Shoe ) was an NPL caliber site and was an industrial landfill where a residential development was planned on adjacent property. A fence was to be built, other deed restrictions were to be implemented to limit public access to the site, and a risk assessment was to be performed to determine whether the landfill will need to be capped. In this case, neither state regulations nor the consent order require a five-year review to determine whether the remedy will be protective for the long term. Thus, this community and others may not be assured that remedies remain protective of human health and the environment for the long term. Attachment 3 details the 30 deferrals, the type of remedies selected for all the sites, the status of whether five year reviews have been completed, and the sites ' status. Required Community Acceptance of Deferrals Not Always Achieved State Deferral guidance provides for community support of deferrals and the termination of deferrals based on valid community objections. We found that the Agency has no mechanism to monitor or evaluate community support, or the lack of it. In addition, the state officials may or may not inform EPA when communities raise significant concerns about the deferrals. The Deferral guidance states that EPA could terminate a deferral if the community's objections are not addressed by the state. However, EPA may not be aware of a community's concern because it does not closely monitor the activities at the site or the community's concern or objections to a deferral. While the guidanc...