§3.5 - The CERCLA Cleanup Process

• Jurisdiction: Washington

§3.5 THE CERCLA CLEANUP PROCESS

The cleanup process differs for remedial and removal actionsthe process for the former is generally more extensive and therefore often takes longer than the latter. If the EPA or another federal agency is performing the remedial or removal action at a contaminated site, it is required to follow the regulatory requirements set out in the NCP. See 40 C.F.R. pt. 300. Similarly, and as discussed in more detail in Chapter 14 (Cost Recovery and Contribution) of this deskbook, private parties must show substantial compliance with the NCP to recover their costs for executing a remedial or removal action.

(1) Remedial actions

Once begun, the remedial action process is often lengthy and extensive, sometimes spanning multiple decades. To start the process, the relevant party must conduct a remedial investigation (RI) to evaluate the extent of the contamination at a particular site, and then a feasibility study (FS) to outline the options for remediation at the site. 40 C.F.R. §300.430(a), (d), (e). The RI/FS may be conducted on an entire site or on only part of a site, referred to as an operable unit (OU). 40 C.F.R. §300.5. OUs can be broken down either by geography or contaminated media (for instance, one OU can address all of the groundwater at a site). While the RI/FS is being conducted, the relevant party may take interim actions to reduce risks at the site as a whole or at particular OUs.

To accomplish an RI, the relevant party must ascertain the characteristics of contamination at the site or OU, examine the risks to humans and the environment as a result of the contamination, and consider costs of treatment options to address the contamination. 40 C.F.R. §300.430(2)(d). Activities comprising the FS include preliminary identification of remedial alternatives and an assessment of their viability, followed by a narrowing down of cleanup options to preferred alternatives and an examination of nine...