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Five-Year Review

Five-Year Review

Description

EPA is required by statute [CERCLA §121(c)] toreview remedies at Superfund sites where waste isleft onsite at concentrations that do not allowunlimited use and unrestricted exposure. Thepurpose of the five-year review is to evaluate theimplementation and performance of a remedy todetermine whether the remedy is, or when com-plete will be, protective of human health and theenvironment. Reviews may be conducted morefrequently to ensure protectiveness of the remedy.The Agency’s technical assessment of a remedyafter five years of operation examines the answersto three questions:

Is the remedy functioning as intended by thedecision documents?

Are the exposure assumptions, toxicity data,cleanup levels, and Remedial Action Objectivesused at the time of the remedy selection stillvalid?

Has any other information come to light thatcould call into question the protectiveness of theremedy?

These questions provide a framework for organiz-ing and evaluating data and ensuring that all rel-evant issues are considered when determining theprotectiveness of the remedy.

As a matter of policy, EPA also conducts five-yearreviews for remedial actions that require five ormore years to complete. EPA also may conductfive-year reviews for removal actions conductedunder CERCLA §104 as well as for correctiveactions conducted at NPL sites where wastes areleft in place and no remedial action is planned.

The five-year review process integrates informationcontained in decision documents and operationaldata for a remedy with the experiences of thoseresponsible for and affected by actions at the site.The site manager uses the information to assess theremedy’s performance, and, ultimately, to determinethe protectiveness of that remedy. Recommenda-tions and follow-up actions to issues identified aredocumented in the five-year review report. The

process consists of: 1) identifying the review teammembers; 2) notifying potentially interested partiesof the start of the review; 3) proposing the compo-nents of and schedule for the review; 4) reviewingand evaluating data; 5) conducting the site visit andinterviews, and publishing the five-year reviewreport and announcing the findings.

Community involvement is an important part of thefive-year review process. During the initial planningstages of the five-year review, EPA’s Comprehen-sive Five-Year Review Guidance advises theproject manager to work with the CIC. The CICparticipates on the review team to advise it and todevelop and implement activities to notify andinvolve the community. CICs also can providevaluable insight on a community’s issues andconcerns.

Required Activity?

According to the Comprehensive Five-YearReview Guidance, at a minimum, communityinvolvement activities during the five-year reviewshould include notifying the community that thefive-year review will be conducted, notifying thecommunity that the five-year review has beencompleted, and providing the results of the reviewto the local site repository. The lead agency plan-ning the five-year review is required to notifyappropriate community representatives as well asall other potentially interested parties.

Making it Work

When to Use

Five-year review planning may begin as much as ayear in advance of the start of the review. The sitemanager forms a review team that decides what itwill do at the site and when. The CIC participateson the review team as an advisor, to convey acommunity’s issues and concerns, and to developand implement activities to notify and involve thecommunity. Community members, CAG or TAGrepresentatives may provide information to thereview team. In addition to notifying the communityof the five-year review and its results, the review

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Five-Year Review

team may elect to conduct additional communityinvolvement activities at high profile sites, thosewith significant public interest, and any other sitesfor which the Region determines a need for addi-tional community involvement activities.

How to Use

Planning for the Five-Year Review and Notify-ing Community:

Initially, the CIC may review the existing Commu-nity Involvement Plan (CIP), including the commu-nity profile, for information about local officials,residents living near the site, the past level ofinterest in the site from individuals and groups inthe community, and whether a CAG or TAG hasbeen established.

During planning, the CIC and review team shoulddetermine the best means of notifying the commu-nity that the review process will begin. Holding anopen house or public meeting where communitymembers may stop by to ask questions or pick upfact sheets, brochures, etc., may be effective insome communities. Other notification methods,such as broadcasting a public service announce-ment on radio or television or mailing and postingprinted announcements, also have been used.

At a minimum, any notice that a five-year reviewwill occur should include the following:

Site name, location, and site Web address Lead agency conducting the review Brief description of the selected remedy Summary of contamination addressed by the

remedy How the community can contribute during the

review process

Contact with phone number for further information Scheduled completion date of the five-year review

For high-profile sites or at those with significantpublic interest, the review team should carefullyconsider if additional or enhanced communityinvolvement activities are appropriate. Preparing acommunications strategy is recommended for highprofile sites. These strategies do not have to beadded to the official record and can be as informalor as detailed as needs demand.

Collecting Information for the Five-Year Review

The review team may interview community mem-bers about their views on current site conditions,problems, and concerns. Many changes may havetaken place in the community since the CIP waswritten. The interviews should include communitymembers living near the site and other stakeholdersthat have been active in site activities in the pastand who could provide useful information about siteconditions. If a CAG or TAG has been established,its members also should be interviewed. Communitymembers may tell EPA important information aboutunusual activities, such as dumping, vandalism, ortrespassing at the site; materials leaving the site;unusual odors; new land uses around the site;positive and negative ways the cleanup may beaffecting the neighborhood; and other activitiesaffecting the site.

Completion of Five-Year Review

Upon completing the five-year review, the reviewteam is required to write a report that providesbackground information on the site and cleanupactions, a summary of the five-year review activi-ties, and an explanation of the results. For eachremedy under review, the explanation of results

Fact Sheets Enhance Five-Year Review Notification Process

When a five-year review is approaching, EPA Region 7 likes to provide more than a basic newspapernotification to the community. With input from the RPM, the CIC prepares a brief fact sheet thatsummarizes what has been done at the site and what is planned for the review. The fact sheet fulfillsnotification requirements and is less expensive than publishing notifications in most newspapers. Thefact sheet is mailed to addresses on the original site mailing list. In addition, the Congressional Liaisone-mails the fact sheet to local officials and the state congressional members who represent that area.Fact sheets announcing the availability of the five-year review report now are distributed whencomplete and include the URL for Region 7’s website where the five-year review documents can beviewed and downloaded for more information.

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Five-Year Review

includes a protectiveness statement, indicatingwhether the remedy is protecting human health andthe environment. While public comment on thereport is not required, the review team may chooseto ask for it.

Before the report is complete, the CIC shoulddetermine which communication mechanism(s) ismost appropriate for notifying the community that thereview is complete and the report is available. Thenotice should, at a minimum, include the following:

Site name, location, and site Web address Lead agency conducting the review Brief description of the remedy Summary of contamination addressed by the remedy Brief description of the results of the five-year review Protectiveness statement(s) Brief summary of the data and information that

provided the basis for determining protectivenessand a brief summary of the issues, recommenda-tions, and follow-up actions directly related to theprotectiveness determination

Location(s) where a copy of the five-yearreview can be obtained or viewed (including siteinformation repositories)

Contact with phone number for further information Date of next five-year review, or if no more are

needed, the rationale for this determination

Tips

CICs should be aware of the five-year reviewsscheduled for their region during a fiscal year,and contact the site manager to learn more aboutthe five-year review schedule.

As a member of the site team, CICs usually takethe lead in reviewing the CIP, conducting com-munity interviews, developing a communicationsstrategy at high profile sites, and notifying thecommunity that a five-year review will begin.

CICs work with the review team to notify thecommunity about the results of the five-yearreview when the review is completed.

More information is available on five-year reviewsin EPA’s Comprehensive Five-Year ReviewGuidance (OSWER No. 9355.7-03B-P) atwww.epa.gov/superfund/accomp/5year/index.htm

Other Sources of Information

Comprehensive Five-Year Review Guidance(EPA 540-R-01-007) (See Appendix A forinformation on Community Involvement.)www.epa.gov/superfund/accomp/5year/guidance.pdfwww.epa.gov/superfund/accomp/5year/appendices_a-e.pdf

Superfund Today: Focus on Five-Year ReviewsInvolving the Community (EPA 540-F-01-011)www.epa.gov/superfund/community/today/pdfs/sf_5year.pdf

Five-Year Reviews Frequently Asked Questionsand Answers (OSWER 9355.7-21)www.epa.gov/superfund/cleanup/postconstruction/5yr.pdf

Attachments

Attachment 1: Example newspaper display addfor the start of a five-year review Pester Refinery Superfund Site

Attachment 2: Example newspaper display addfor the availability of the five-year review report Pester Refinery Superfund Site

Attachment 3: Example fact sheets to notifycommunity of the start of a five-year review Lehigh Portland Cement Company Superfund Site Lawrence Todtz Farm Site

Attachment 4: Example fact sheets to notifycommunity of the availability of the five-yearreview report Lehigh Portland Cement Company Superfund Site Lawrence Todtz Farm Site

Related Tools

Communications Strategies Community Interviews Community Involvement Plans Community Profile Cross-Cultural Communications

Exhibits Fact Sheets Information Repositories Public Meetings Public Notices

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Five-Year Review

Attachment 1: Newspaper Display Add for the Start of aFive-Year Review

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Five-Year Review

Attachment 2: Example Newspaper Display Add for theAvailability of the Five-Year Review Report

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Five-Year Review

Attachment 3: Example Fact Sheets to Notify Community of theStart of a Five-Year Review

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Five-Year Review

Attachm

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Five-Year Review

Attachment 4: Example Fact Sheets to Notify Community of theStart of a Five-Year Review

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Five-Year Review

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Five-Year Review

Attachment 5: Example Fact Sheets to Notify Community of theAvailability of the Five-Year Review Report

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Five-Year Review

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Five-Year Review

Attachment 6: Example Fact Sheets to Notify Community of theAvailability of the Five-Year Review Report

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Five-Year Review