Application of Sustainability to CERCLA Remedy Selection

"The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly known as Superfund, mandates evaluation of remediation alternative using nine criteria: (1) overall protection of human health and the environment, (2) compliance with ARARs (applicable or relevant and appropriate standards), (3) long-term effectiveness and permanence, (4) reduction of toxicity, mobility or volume, (5) short-term effectiveness, (6) implementability, (7) cost, (8) state acceptance, and (9) community acceptance. Many states have adopted these or similar criteria for remedy selection under state laws. Although not explicitly addressed in the CERCLA criteria, consideration of sustainability can be incorporated into these criteria. This paper explores how sustainability can be evaluated for remedy selection using the CERCLA criteria. INTRODUCTION Sustainability considerations can be incorporated into all phases of site remediation: • Site investigation (remedial investigation). • Remedy selection. • Remedial design. • Remediation construction. • Operations, maintenance, and monitoring. This paper focuses on remedy selection. Many have looked at remedy selection using sustainability criteria. However, CERCLA and corresponding State programs require remedy selection using mandatory criteria. This paper shows how sustainability can be explicitly considered using the mandatory criteria. REVIEW OF CERCLA CRITERIA First, we review the definitions of the CERCLA criteria. We then explore how sustainability criteria can be fit into the CERCLA criteria. Overall Protection of Human Health and the Environment This criterion addresses the degree to which each alternative is protective of human health and the environment, considering both long-term and short-term risks. Overall protectiveness is a ""threshold"" criterion, in that alternatives that do not achieve adequate protection of human health or the environment are eliminated from further consideration. Evaluation of this criterion is derived from the evaluation of the other criteria (e.g., long-term effectiveness and permanence, and short-term effectiveness). It is not an independent criterion, but more a summary of the overall evaluation."