[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)] [Notices] [Pages 29595-29596] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-13677] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [FRL-5216-2] Land Use Directive AGENCY: Environmental Protection Agency. ACTION: Notice of Availability of ``Land Use in the CERCLA Remedy Selection Process.'' ----------------------------------------------------------------------- SUMMARY: The U.S. Environmental Protection Agency (EPA) has issued a directive entitled ``Land Use in the CERCLA Remedy Selection Process'' (OSWER Directive Number 9355.7-04). This directive outlines guidelines to consider when developing ``reasonably anticipated'' future land uses in the CERCLA remedy selection process. It recommends early community involvement, which EPA believes should result in a more participatory and better informed decisionmaking process; greater community support for remedies selected as a result of this process; and more expedited cleanups. ADDRESSES: To obtain a copy of this land use directive contact the National Technical Information Service (NTIS) at (703) 487-4650 and request ``Considering Land Use in the CERCLA Remedy Selection Process,'' 9355.7-04/PB95-96324/EPA540/R95/052. FOR FURTHER INFORMATION CONTACT: The RCRA/Superfund Hotline at (800) 424-9346 (in the Washington, DC metropolitan area, (703) 412-9810). The Telecommunications Device for the Deaf (TDD) Hotline number is (800) 553-7672 (in the Washington, DC metropolitan area, (703) 412-3323). Or contact Sherri Clark, Remedial Operations and Guidance Branch, Hazardous Site Control Division, Office of Emergency and Remedial Response (5203G), U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 20460 at (703) 603-8820. SUPPLEMENTARY INFORMATION: A. Background The U.S. Environmental Protection Agency responds to releases and threatened releases of hazardous substances under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). Regulations governing such responses are found in the National Oil and Hazardous Substances Pollution Contingency Plan or NCP. The process for remedy selection in the NCP generally requires that a remedial investigation be performed to identify the nature and extent of contamination at National Priorities List (NPL) sites. The remedy selection process also requires that a feasibility study be completed which [[Page 29596]] develops potential remedial alternatives for cleanup of the site. These remedial alternatives, which are aimed at protecting human health and the environment, should specify the acceptable level of contaminants of concern in a particular media as well as the associated exposure route(s). Knowing the projected future use of the land affects the determination of the exposure route(s) and receptor(s) of concern for the remedial action objectives. Many people believe that EPA ``chooses'' residential land use in the risk assessment and remedy selection steps regardless of whether that use is relevant to the site. At many sites, the risk assessment evaluates the future residential scenario as a point of information to aid the decisionmaker in assessing the consequences of remedy selection. This is different from premising the final remedy, or even the baseline risk assessment, on future residential use. Many sites, while not currently residential, have residences adjacent or in close proximity. Consequently, current residential use is not assessed, while future residential use may be very relevant in the context of the site. Analyses by the Office of Solid Waste and Emergency Response (OSWER) show that residents currently live on 15% of NPL sites, that 31% of NPL sites are used currently for industrial use, and that 25% of NPL sites are used currently for commercial use. For those sites where EPA has looked at potential future land use(s), 26% of the sites are expected to be residential, 35% of the sites are expected to be industrial, and 24% of the sites are expected to be commercial. These statistics represent the land uses at the facility itself; however, approximately 80% of the NPL sites have residents surrounding the site which would lead the Agency to consider residential use as a reasonably anticipated future land use for the site. Given the diversity of land uses at and surrounding the site, determining the ``reasonably anticipated'' future land uses may be a challenge. Therefore, EPA believes that it is useful to involve the affected community and stakeholders in the scoping stage of the RI/FS process to begin discussions of what the future ``reasonably anticipated'' land uses might be. OSWER analyzed the post-remedial land use at completed NPL sites and compared that with the projected future land use at the time the Record of Decision was signed. The analysis showed that approximately 50% of the sites with future residential land use predicted are currently vacant. In comparison, only 23% of the sites with future industrial or commercial use predicted are vacant. The land use directive promotes discussions between the local land use authorities, the community groups, and the land owner(s) which may assist in avoiding vacant lots in the future and instead, to facilitate productive reuse of the property. B. Summary of the Directive The directive recommends early community involvement during the scoping phase of the Remedial Investigation/Feasibility Study (RI/FS) to develop reasonable assumptions regarding future land use(s) anticipated at a Superfund site. EPA believes that early community involvement, with a particular focus on the community's desired future uses of a property associated with the CERCLA site, should result in a more participatory and better informed decisionmaking process; greater community support for remedies selected as a result of this process; and, more expedited cleanups. Where there are environmental justice concerns, extra efforts should be made to reach out to and consult with affected community members who may not be reached through conventional outreach and communication vehicles. The directive is generally consistent with, and will help to implement, principles that were discussed and widely agreed upon in last year's CERCLA reauthorization debate. The directive is not as specific as some of last year's proposed legislation with respect to the degree of deference that EPA should give the community in determining reasonably anticipated land uses at the site, but clearly calls for a substantial community role. The directive also recommends meeting with local land use planning officials and identifies sources of information to which one might look regarding the history and likely future of the property. Where the local planning process has involved thorough and broad-based public participation, EPA will be able to rely on planned uses resulting from that process with a greater degree of certainty than where that is not the case. At some sites there are environmental justice concerns and the local residents near the Superfund site may feel disenfranchised from the local land use planning and development process. In these instances, the directive calls attention to the need for special efforts to involve the full range of community residents. In addition, the guidance describes how anticipated land uses are considered in the RI/FS and remedy selection process. Remedial action alternatives developed in the RI/FS process should generally reflect the reasonably anticipated land use or uses. In some instances, concerns about cost or practicability may make it necessary to consider other possible uses. Land uses that will be available following completion of remedial action are determined as part of the remedy selection process. During this process, the goal of realizing reasonably anticipated future land use potential is considered along with other factors. Any combination of unrestricted uses, restricted uses, or use for long-term waste management may result. Goals EPA's goal is to issue this land use directive to assist EPA's Regional offices in developing reasonable assumptions regarding anticipated future land uses at a site for use in the RI/FS. Please contact individuals and offices listed in the sections of this notice entitled Addresses and For Further Information Contact to learn more about the Land Use Directive. Dated: May 30, 1995. Elliott P. Laws, Assistant Administrator. [FR Doc. 95-13677 Filed 6-2-95; 8:45 am] BILLING CODE 6560-50-P