P-1

1
Institutional Control Standard and IC Tracking
UpdateFebruary 2005
2
Presentation Objectives

• Background
• IC Tracking Standard
• IC Tracking

3
Background IC Standard Development

• Conducted a series of focused workshops
• Invited multi-program/agency experts in tracking
• Obtain advanced copies of
• Data elements
• Data dictionary
• Data entry/system approach
• Developed a matrix of all data categories tracked

4
2002 Focus Groups

• Headquarters Group - June 5
• States Focus Group - June 18-19
• Regional Focus Group - June 26-27
• Other Federal Agencies - July 23-24
• Non-regulated-industry - October 8
• Local Agencies - October 10-11
• Policy Think-Tanks - October 22

5
National Workshop

• National Workshop on IC Tracking - October 28-30,
  2003
• 63 Total attendees from different focus groups
• Discussion of Tracking Systems evaluated
• Present 33 data categories
• Advance national tracking concept
• Discuss inputs, systems and outputs
• Develop an Action Plan

6
Data Standard Coordination

• Collaborative development process between OSWER
  programs, other Federal agencies, States, Local
  governments, NGOs, and non-regulated industry
• Developed in concert with EPAs OEI, ECOS,
  ASTSWMO, and ICMA
• Cross-program, cross-agency application
• Component-based structure to facilitate data
  exchange and foster reuse
• Flexible design to accommodate future additions
  to existing lists of permissible value examples

7
Data Standard Components

• IC Instrument
• IC Objective
• Location
• Engineering Control
• IC Affiliate
• IC Resource
• IC Event

8
Data Standard Overview (continued)

• Utilizes XML
• EPA and universal standard for exchanging data
  between parties
• Consists of XML Schema Definition (XSD)
• Defines how IC data should be organized
• Modular design to allow for reuse and
  extensibility
• Multiple methods of implementation for cataloging
  and transferring data

9
Data Standard Implementation

• Establishes data element relationships to
  facilitate IC data transfer through
• Mapping of data elements from existing tracking
  systems to the standard
• Adoption of exact data elements from the
  standard within new or enhanced tracking systems
• Information on the standard available through the
  EDSC website www.envdatastandards.net and
  www.epa.gov/edr

10
Status

• Comment period closed on October 29, 2004 for the
  working draft of the IC standard
• 80 comments
• 12 commentors
• 4 EPA Headquarters
• 3 EPA Regional
• 1 Consultant
• 4 State

11
Status (Cont.)

• Many commenters were contacted by Superfund staff
  to discuss comments
• Responses to comments have been compiled
• EPA Superfund staff worked with OEI staff in
  preparing responses

12
Outcome of Response to Comments

• We believe that this review has provided a number
  of positive comments that should help to our
  documentation for an IC standard
• There are no known unresolved issues with the
  data standard materials at this time
• We have planned for some additional discussion
  with the Washington Department of Ecology

13
IC Tracking Update
14
EPA IC Tracking Initiative

• March Superfund Division Directors Meeting
• Each Region identify 1 program and 1 legal IC
  coordinator
• Regional resource for IC issues, training, etc.
• Develop a management level advisory group (MAGIC)
  
• Made up of 1 program manager from each Region and
  5 Regional Counsel reps.
• Develop a National IC Strategy
• Develop Regional Workplans
• Deal with national policy workload issues
• EPA Regions Populate Baseline IC information on
  900 construction completion sites by June 30th,
  2004

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Regional Baseline Data Entry

• Site Name/Location
• Media
• Decision Document
• Objective
• Instrument
• Implementation status
• Source documents
• Contacts

16
Status of ICTS Data Entry

• Currently
• All 10 Regions made significant progress entering
  data
• Currently have information for 887of 900 CC sites
  
• approximately 8 weeks

17
Data Entry Background

• Majority of Regions used centralized data entry
• Paper forms were developed and completed by site
  managers
• IMC or IC coordinator performed data entry
• Average time to enter site information was
  reported to be 1.5 hours
• Majority of Regions require additional time to
  fully populate

18
Deleted Sites Reportedly Without ICs

• Deleted site considerations
• Typically older sites old information in the
  file
• Not in compliance with current guidance
• Typically little to no ongoing EPA involvement
• Disproportionate Regional workload
• Constitute highest potential workload (resources
  and length of time to fix)
• require research, IC identification, evaluation,
  negotiation, selection, implementation and
  arrangements for monitoring and enforcement

19
Preliminary Deleted Site Statistics

• Deleted sites reportedly with contaminated media
  and no ICs
• about 25
• sites w/residual soil contamination
• sites w/residual groundwater contamination
• sites w/residual sediment contamination
• sites w/residual surface water contamination
• Regional Distribution
• Maximum 18 sites
• 4 Regions between 10 18 sites
• 6 Regions less than 10 sites

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Construction Completion Sites

• Typically more recent sites
• Much larger universe of sites
• CC sites with ICs reportedly not in place is not
  in conflict with current guidance
• EPA typically has an ongoing involvement
• There are some actions planned but not
  implemented
• Likely require less time and resources than
  deleted sites

21
Preliminary Construction Completion Sites
Statistics

• Construction Completion sites with reportedly
  missing objectives for any media (neither
  planned/implemented)
• 31 report missing objectives
• Most common missing media missing an
  objective(s)
• Groundwater
• Soil
• most objectives are neither planned nor
  implemented

22
Use of Mechanisms General Trend

• Most common IC Mechanism reported by category
• Governmental controls 370
• Proprietary controls 354
• Enforcement devices 354
• Informational devices - 270

23
Individual Mechanisms General Trend (cont.)

• Most commonly used IC mechanisms reported
• Consent Decree - 190
• Deed restriction (unspecified type) - 136
• Restrictive covenant -132
• Deed notice - 100

24
General Trend in Objectives (cont.)

• Most common IC objectives reported
• Protect the integrity of the remedy 659
• Prohibit ingestion exposure 638
• Protect dermal contact 363
• Protect inhalation exposure 274
• Prohibit residential use 254
• Prohibit other use of groundwater 188
• Prohibit plume movement - 150

25
General Trends (cont.)

• Distribution of objectives entered
• Majority covered groundwater (1557)
• Followed by soil (1130)

26
ICTS Options

• Option 1 Keep the existing system
• Option 2 - Effectiveness, Responsibility
  Follow-up Enabled
• Option 3 - Geographical Information System
  Enabled
• Option 4 - National IC Tracking Network Enabled
• Strong EPA role
• Strong State role
• Strong PRP role