Interim Remedial Measures - Procedures (TAGM - 4048)

Issuing Authority: Michael J. O'Toole, Jr.
Title: Director, Division of Environmental Remediation
Date Issued: December 9, 1992

Purpose

The Division of Hazardous Waste Remediation is responsible for all remedial activities at listed sites. This TAGM discusses Interim Remedial Measures (IRMs) and the responsibilities of Division staff in identifying and implementing IRMs. This TAGM conforms to 6 NYCRR Part 375 entitled Inactive Hazardous Waste Disposal Site Remedial Program (May 1992). TAGM 4042 defines IRMs and establishes a tracking procedure.

Background

An IRM means a discrete set of activities to address both emergency and non-emergency site conditions, which can be undertaken without extensive investigation and evaluation, to prevent, mitigate, or remedy environmental damage or the consequences of environmental damage attributable to a site, including but not limited to the examples listed under types of IRMs. It addresses one portion of a remedial site and can usually be addressed independently of other site issues/problems. While IRMs may be temporary solutions to an environmental problem, they may become the final remedy in certain cases. IRMs should not prevent or significantly hinder permanent remedial measures that may be required in the Record of Decision (ROD). Regardless if temporary or permanent, they will be discussed as part of the ROD process. IRMs can and will proceed both with and without consent orders. This does not mean that we will allow Potentially Responsible Parties (PRPs) to proceed without consent orders but rather that we cannot stop them from proceeding (unless the nature of the work is such that it is prohibited under subdivision 375-1.2[e]); in the event of unapproved IRMs which can proceed because they are not prohibited, the work is subject to any regulatory permits that would otherwise be applicable.

Factors to Consider for the Appropriateness of IRMs

Actual or potential exposure to nearby human populations, animals, or the food chain from hazardous wastes, pollutants or contaminants;
Actual or potential contamination of drinking water supplies or sensitive ecosystems;
Hazardous wastes in drums, barrels, tanks, piles, or other bulk storage containers that may pose a threat of release;
High levels of hazardous substances, pollutants or contaminants in soils, largely at or near the surface, that may migrate;
Weather conditions that may cause hazardous substances or pollutants or contaminants to migrate or be released;
Threat of fire or explosion;
Other situations or factors that may pose threats to public health or welfare or the environment bearing in mind that NYSDOH concurrence is required for threats to public health.

Types of IRMs

Several types of IRMs exist. The term IRM includes but is not limited to the following activities: removals of wastes and contaminated materials including environmental media (e.g., drum removals, soil removals, removals of contents from lagoons and settling basins, removals of floating product on groundwater table); construction of diversion ditches, collection systems, or leachate collection systems; construction of fences or other barriers; installation of water filters or provision otherwise of alternative water supplies.

Time Critical IRMs

Certain situations require an expedited response while others allow time for a sufficient planning period. For the purpose of this TAGM, if in initial project planning schedule six months will lapse between the identification of an IRM activity and the actual start of work, then sufficient time exists for an engineering evaluation and citizen input. If less than six months will lapse, then expedited action must be taken.

Decision Process

The decision process leading to the selection of the IRM must be appropriately documented:

If the IRM consists of a "removal" as identified in the NCP at 40 CFR § 300.415(d), it is the responsibility of the Project Manager under supervision and agreement of the Section Chief, with DEE input, to prepare a decision document outlining the proposed action to be approved by the Bureau Director or Regional Hazardous Waste Remediation Engineer for regional lead projects. This document, at a minimum, will discuss site information, the description of the proposed IRM, an engineering evaluation for the IRM, the reasons why an IRM is necessary and beneficial and the extent to which the IRM could hinder, prevent, or significantly conflict with a remedial measure. The complexity of the decision document will vary and is directly related to both the time critical nature of the action and the complexity of the action. For State funded IRMs, the decision document becomes part of the approval package that requests Division Director approval for contract dollars.

If the IRM represents a significant portion of the remedy, it must be part of the Proposed Remedial Action Plan (PRAP)/ROD process at the completion of the Remedial Investigation/Feasibility Study (RI/FS).

If the Department determines that the steps taken as an IRM constitute complete remediation of a site, the Department will propose that no further remedy is required and will solicit public comment thereon, and will issue a Record of Decision (ROD).

Citizen Participation

An IRM implemented by the Department or a person acting under order, is exempt from the comprehensive public participation requirements of subdivisions 375-1.5(b) and (c). However, the Department or such person implementing the IRM or making the request will conduct such public participation activities as the Department deems necessary and appropriate under the circumstances.

For time critical IRMs, at a minimum, the Project Manager will prepare a fact sheet describing the IRM to be sent to the highest elected official of the lowest political jurisdiction in which the site is located. The Project Manager will consult with the Regional Citizen Participation Specialist to obtain a contact list of interested parties which should include residents adjacent to the site. Local groups that have been actively involved with a specific site should also be notified. Every reasonable effort should be made to develop the contact list and to develop and send the fact sheet prior to implementation of the IRM. If this cannot be accomplished a minimum requirement will be: making telephone calls to appropriate local elected officials and other individuals and organizations; and/or having Regional Citizen Participation Specialists and/or other staff conduct door-to-door notification; and/or conduction of other prior notification activities that require short lead times to implement; consideration of additional CP activities after the fact, that could include an availability session or another fact sheet explaining the outcome of the IRM activity.

For non-time critical IRMs, the Project Manager will also arrange and conduct, with the assistance of the Regional Citizen Participation Specialist, an availability session to explain the proposed IRM and get input from the elected officials and the public. While not required, conducting a public meeting to explain the proposed IRM and to get input from elected officials and the public should be considered, particularly for large IRMs and IRMs that generate a great deal of public interest or concern. This decision should be made by the Project Manager and Regional Citizen Participation Specialist in consultation with other appropriate staff. A local document repository will be established with notice of its existence and appropriate project documents will be placed in it before holding an availability session or a public meeting.

Oversight of IRM Activity

Oversight of IRM activities are to be carried out in conformance with the Commissioner's O&D memo #88-26 (which was incorporated as TAGM #88-4011). An important consideration to bear in mind is that, unless directed by Director, DHWR, on a case-specific basis, staff should not oversee IRMs undertaken by PRPs without a consent order in place covering the IRM. Staff should bring to the attention of Director, DHWR, any matter involving a PRP proceeding without a consent order and without all necessary approvals.