Current EPA Superfund
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1 Current EPA Superfund Highlights Barnes Johnson, Deputy Director Office of Superfund Remediation and Technology Innovation Prepared for ASTSWMO s State Superfund Managers Symposium Indianapolis, Indiana August 10,
2 Budget Outlook 2011 Superfund budget for Removal, Remedial and Federal Facilities Programs expected to be straight lined at FY 2010 levels. Expect to operate under a Continuing Resolution going into next fiscal year Tight budget next year for all Superfund pre-construction pipeline activities, as well as for ongoing and new start construction projects 2
3 Remedial Program Cooperative Agreement Obligations by Year (includes all resources, except ARRA) M illio n s $140.0 $120.0 $100.0 $80.0 $60.0 $40.0 $20.0 $ Construction/Post-Construction Core Program Management Assistance Pipeline Site Assessment 3
4 The Superfund Tax Administration supports reinstatement of Superfund taxes EPA recently reiterated the Administration s support Superfund tax proposal is anticipated to generate revenues of $1.2B in the first fiscal year of enactment Four bills have been introduced in the 111th Congress Majority would reinstate the taxes as they were last in effect Senator Nelson s proposed bill adjusts the tax rates for inflation but does not reinstate the tax on corporate income 4
5 ARRA Funding 51 sites/57 remedial action projects have on-site construction Small business socio-economic contractors leading cleanups at 45 percent of ARRA-funded sites 100 percent of the ARRA funds obligated by the end of the fiscal year Started 26 new projects that would have been delayed without the use of ARRA funds $68,432,000 (11%) of the ARRA dollars went to the states t to undertake remedial construction and design work Outlays are a critical focus of ARRA program implementation 5
6 GAO Superfund Budget Issues Report On June 22 nd, GAO released the final Report on their review of Superfund Budget Issues. GAO conducted this review to determine: (1) the cleanup and funding status at currently listed nonfederal NPL sites with unacceptable or unknown human exposure; (2) what is known about EPA s future cleanup costs at nonfederal NPL sites; (3) EPA s process for allocating remedial program funding; and (4) how many NPL sites some state and EPA officials expect will be added over the next 5 years, and their expected cleanup costs. GAO found that the Superfund Remedial Program is significantly underfunded. Their Report indicated that for construction alone, EPA will need $681 million in FY 2011 (which is over $400 million above current appropriation levels). 6
7 CERCLA 108(b) - Financial Responsibility July 2009 notice identified classes within the mining/mineral processing industry as the first priority in the development of financial assurance Current Tasks for Tier 1 rule: Defining the Universe Determining the amount of Financial Responsibility Reviewing the feasibility of a Financial Test Developing an implementation scheme Current Schedule: April 13, 2011 Administrator signs proposed rule Other industrial classes identified: Chemical Manufacturing Petroleum and Coal Products Manufacturing Electric Power Generation, Transmission, & Distribution Current Schedule: 3-6 months behind mining rule 7
8 Integrated t Cleanup Initiative Background process and status Highlight Issues of likely state interest 8
9 The Integrated Clean-up Initiative s Goal: Better utilize EPA s Assessment and Cleanup authorities, in an integrated and transparent fashion, to address a greater number of contaminated sites, accelerate cleanups, and put those sites back into productive use while protecting human health and the environment 9
10 The Integrated Clean-up Initiative: Building bridges across cleanup programs in OSWER, OECA, Regions and states Organized around the concepts of: Starting, ti Advancing and Completing Cleanups Measures and Communication 24 discrete actions with specific deliverables Target completion dates over the next 3 years Designed within available resources Complementary to the Community Engagement Initiative Public and stakeholder input A work in progress 10
11 ICI Overview Blend the strengths of EPA s cleanup programs Removal and Brownfields Complimentary use of each program Propel redevelopment of petroleum brownfields Increase coordination among federal cleanup programs Cross program reporting Accelerate, streamline and improve key program areas Contracting processes Site assessment and listing Brownfield grants Leverage Brownfield assessments into cleanup and reuse Use Enforcement to facilitate cleanup Hold parties accountable to negotiation timeframes and schedule commitments Apply enforcement strategies earlier at removal and remedial sites 11
12 ICI Overview Implement new measures, reporting and commitments to create accountability Track and publicize the status of sites from early assessment to completion Implement new project completion measure to compliment construction completion Explore opportunities to enhance program effectiveness Review progress of previously inactive sites on the Hazardous Waste Docket Explore opportunities to achieve human exposure under control Review functions of remedy review and contaminated sediments boards to improve effectiveness 12
13 ICI Accomplishments to Date Nov 09 Jan 10 Initial discussions on direction and context Feb 10 Early outreach with stakeholders Jan 10 Apr 10 Development, early implementation, public announcement at spring hearings Apr 10 Public comment: Phase I May 10 July 10 Further refinement, initiate quarterly management meetings to oversee progress Aug 10 Sept 10 Regional review of plan State and tribal review Public comment: Phase II FY10 FY12 Implementation 13
14 Questions 14
GOING FROM BROWN TO GREEN
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