[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]



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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.''

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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]
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