Risk and Factors
Consent Order Section XVI. Corrective Measures Evaluation describes the agreement for evaluating alternatives that meet a threshold criteria, which are evaluation standards derived from EPA’s RCRA Corrective Action Plan, OSWER Directive 9902.3-2A (May, 1994) and a balancing criteria, which are other factors derived from that guidance, to evaluate alternatives meeting the threshold criteria.
The threshold criteria are:
- Be protective of human health and the environment.
- Attain media cleanup objectives.
- Control the sources(s) of releases.
- Comply with applicable standards for management of wastes.
The balancing criteria are:
- Long-term reliability and effectiveness (including sustainability, long-term stewardship considerations, and long-term environment impacts).
- Reduction of toxicity, mobility or volume of waste and contaminated medial.
- Short-term effectiveness (including near-term environmental impacts).
- Implementability.
- Cost.
The balancing criteria are evaluated by the following factors:
1) Long-term Reliability and Effectiveness: The remedy shall be evaluated for long-term reliability and effectiveness, including the consideration of the magnitude of risks that will remain after implementation of the remedy; the extent of long-term monitoring, or other management that will be required after implementation of the remedy; the uncertainties associated with leaving contaminants in place; DOE’s long-term stewardship of the site, environmental impacts; sustainability; and the potential for failure of the remedy. Other criteria being equal, DOE shall give preference to a remedy that reduces risks with minimal long-term management, and that has proven effective under similar conditions.
2) Reduction of Toxicity, Mobility or Volume: The remedy shall be evaluated for its reduction in the toxicity, mobility, and volume of contaminants. Other criteria being equal, DOE shall give preference to a remedy that uses treatment to more completely and permanently reduce the toxicity, mobility, and volume of contaminants.
3) Short-Term Effectiveness: The remedy shall be evaluated for its short-term effectiveness, including the consideration of the short-term reduction in existing risks that the remedy would achieve; the time needed to achieve that reduction; the near-term environmental impacts; and the short-term risks that might be posed to the community, workers, and the environment during implementation of the remedy. Other criteria being equal, DOE shall give preference to a remedy that quickly reduces short-term risks as well as near-term environmental impacts, without creating significant additional risks. (This is where consideration of number of trucks moving up and down the hill would be evaluated.)
4) Implementability: The remedy shall be evaluated for its implementability or the difficulty of implementing the remedy, including the consideration of installation and construction difficulties; operation and maintenance difficulties; difficulties with cleanup technology; permitting and approvals; and the availability of necessary equipment, services, expertise, and storage and disposal capacity. Other criteria being equal, DOE shall give preference to a remedy that can be implemented quickly and easily, and poses fewer and lesser difficulties.
5) Cost: The remedy shall be evaluated for its cost, including a consideration of both capital costs, and operation and maintenance costs. Capital costs shall include, without limitation, construction and installation costs; equipment costs; land development costs; and indirect costs including engineering costs, legal fees, permitting fees, startup and shakedown costs, and contingency allowances. Operation and maintenance costs shall include, without limitation, operating labor and materials costs; maintenance labor and materials costs; replacement costs; utilities; monitoring and reporting costs; administrative costs; indirect costs; and contingency allowances. All costs shall be calculated based on their net present value. Other criteria being equal, DOE shall give preference to a remedy that is less costly, but does not sacrifice protection of human health and the environment.