
The Bureau of Land Management (BLM) administers over 260 million acres of public lands. As part of its stewardship of these public lands, the BLM is responsible for managing hazardous material releases from chemical spills; abandoned mine sites; illegal trespass/dump sites; wire burn sites for metal recovery; abandoned vehicles; abandoned facilities that used, stored, or disposed of hazardous materials; former military areas; oil and gas production sites; and other potential hazardous sites with hazardous materials. There is the potential to find hazardous materials at any location on BLM lands. With this responsibility comes the necessity of assessing and responding to hazardous contaminants released at these sites. The information links below provide general information, but BLM environmental specialists and solicitors need to determine the requirements for each site and project. The regulations for hazardous materials are complex and evolving as new information becomes available.
An initial assessment is generally conducted to:
- Determine the immediate hazards to responders, BLM staff and volunteers, and the public
- Determine if there is a need for an immediate action or if an action is needed at all
- Determine the type of contaminants that have been introduced into the environment and the area that has been impacted by the release of the hazardous material(s), which may require environmental sampling and risk assessments
- Identify responsible parties that caused or contributed to the contamination (the general policy is that the responsible party funds the investigation and mitigation of hazardous material spills)
- Determine the Federal and State rules, regulations, and specific standards that will drive the need for cleaning up the site
The determination if site mitigation and the process required after the initial assessment is highly dependent upon the last bullet above.
For Abandoned Sites, Legacy Sites, and Locations Contaminated by Nonauthorized Activities:
Executive Order (EO) 12580, as amended, delegates authority under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)1 for lands under Department of Interior (DOI) jurisdiction, custody, or control to the Secretary of the Interior for remedial actions for releases or threatened releases, and for removal actions other than emergencies on lands managed by DOI. Department Manual 207 DM 7 delegates this authority to BLM. Where possible BLM will use its CERCLA authority to perform site response actions. (Note: Some materials such as asbestos are not classified as hazardous wastes by the U.S. EPA but are hazardous substances and are included in CERCLA actions).
For BLM Operations:
Whereas CERCLA focuses on non-operating sites, the Resource Conservation and Recovery Act (RCRA) focuses on managing hazardous wastes, including the release of hazardous wastes into the environment via the RCRA Corrective Action Program. (RCRA requirements may be incorporated into CERCLA actions).
Polychlorinated biphenyls (PCBs), asbestos, and lead-based paint are regulated under the Toxic Substances Act (TSCA) rather than RCRA; however, California regulations include some asbestos containing material as a hazardous waste and non-residential lead-based paint removal residues may exceed toxicity limits and be subject to RCRA.
Additional discharge and response requirements are imposed for hazardous materials under the Clean Water Act, Clean Area Act, and the Oil Pollution Act and by the Department of Transportation and the Occupational, Safety, and Health Administration.
For Authorized Non-BLM Operations on BLM Managed Lands:
Subject to the requirements established by the managing BLM activity.
1 BLM managed lands with a hazardous substance(s) release are not technically Superfund sites unless ownership of the site includes a private entity. The terms Superfund and CERCLA are often used interchangeably, but mitigation of Federal facilities and lands are not funded by Superfund, though Federal facilities are named in the National Priorities List with Superfund sites.
Policy
Form 1221-2 (blm.gov) – M-1703, Hazardous Management and Resource Restoration
CERCLApgs (blm.gov) – H-1703-1, CERCLA Response Action Handbook
Media_Library_BLM_Policy_Handbook_H-1703-2.pdf – H-1703-2 Military Munitions and Explosives of Concern
BLM HQ-630 Guidance - H-1112-1 rel. 1-1822.pdf - All Documents (sharepoint.com) – BLM Safety Manual
BLM HQ-630 Guidance - H-1703-3.pdf - All Documents (sharepoint.com) – BLM Natural Resource Assessment and Restoration Handbook
ecm_10-7_policy_and_procedures_for_prioritization_of_contaminated_sites_signed_508.pdf (doi.gov)
ecm-15-3-authorizing-cercla-response-actions-undertaken-by-other-federal-agencies-on-doi-managed-lands.pdf
ecm-10-2-cercla-rod-surnaming-guidance-final-dec-2-2020_0.pdf (doi.gov)
Reference Information
Superfund Remedy and Non-Time Critical Removal Action (NTCRA) Decision Documentation | US EPA
Checklist of Information to Include for Consultation on Time-Critical Removal Actions by the Office of Site Remediation Enforcement (epa.gov)
Document Display | NEPIS | US EPA – Guide to developing Action Memorandums for Removal Actions
Incorporating Community Input, Including Environmental Justice Considerations, Throughout CERCLA Investigations and Response Selection (epa.gov)
Non-Time-Critical Removal Actions, April 1998 (energy.gov)
Consolidated List of Lists | US EPA – List of hazardous substances.
Federal Agency Hazardous Waste Compliance Docket | US EPA - Listing of Federal facilities which are managing or have managed hazardous waste; or have had a release of hazardous waste.
Multisystem Search | Envirofacts | US EPA – Multiple environmental databases for facility information, including toxic chemical releases, water discharge permit compliance, hazardous waste handling processes, Superfund status, and air emission estimates.
Chemicals, Pesticides and Toxics Topics | US EPA – General information regarding chemicals of environmental interest.
Land, Waste, and Cleanup Topics | US EPA – Information regarding chemicals regulated under the Resource Conservation and Recovery Act (RCRA)
Hazardous Waste | US EPA – Detailed information regarding RCRA wastes.
Superfund | US EPA – Information regarding the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
Special Wastes | US EPA – Information about the CERCLA exclusions of some petroleum, mining, and other wastes under CERCLA.
Toxic Substances Control Act (TSCA) and Federal Facilities | US EPA
Asbestos | US EPA
Federal Agency Hazardous Waste Compliance Docket | US EPA
2021-11-ASTSWMO-State-Coordination-CFA-IssuesPaper.pdf
State Concerns with the Process of Identifying Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Applicable, or Relevant and Appropriate Requirements – ASTSWMO
State Involvement in Five-Year Reviews at Federal Facilities – ASTSWMO
Ensuring Environmental Protection of Closed Federal Facility Sites – ASTSWMO
Uniform Environmental Covenants Act: Implementation at Federal Facilities – ASTSWMO
2022 ASTSWMO Position on Performance-Based Contracting at Federal Facilities – ASTSWMO
Technical
Assessment Phase – ITRC QUEST (itrcweb.org) – Site Investigations technologies and methods by contaminant, media, and type of site. Includes conceptual site model and risk assessment guidance.
Remediation Phase – ITRC QUEST (itrcweb.org) - Remediation technologies, site strategies, and alternative technologies.
Contaminated Site Clean-Up Information (CLU-IN): Providing information about innovative treatment, characterization, and monitoring technologies while acting as a forum for all waste remediation stakeholders
Home | Federal Remediation Technologies Roundtable (FRTR)
Technology Screening Matrix | Federal Remediation Technologies Roundtable (FRTR)
Green Remediation: Incorporating Sustainable Environmental Practices into Remediation of Contaminated Sites | US EPA
ASTM Standards
E2893-16e1 Standard Guide for Greener Cleanups
E2876-13(2020) Standard Guide for Integrating Sustainable Objectives into Cleanup
E2616-09(2020) Standard Guide for Remedy Selection Integrating Risk-Based Corrective Action and Non-Risk Considerations
E1848-20 Standard Guide for Selecting and Using Ecological Endpoints for Contaminated Sites
E3240-20 Standard Guide for Risk-Based Corrective Action for Contaminated Sediment Sites
E2081-22 Standard Guide for Risk-Based Corrective Action
E2205/E2205M-22 Standard Guide for Risk-Based Corrective Action for Protection of Ecological Resources
E3164-23 Standard Guide for Contaminated Sediment Site Risk-Based Corrective Action – Baseline, Remedy Implementation and Post-Remedy Monitoring Programs
E2435-05(2020) Standard Guide for Application of Engineering Controls to Facilitate Use or Redevelopment of Chemical-Affected Properties
E3356-22 Standard Guide for Stakeholder Engagement on Environmental Risk Management and Climate
E2348-24 Standard Guide for Framework for a Consensus-based Environmental Decision-making Process
E3300-21 Standard Guide for NAPL Mobility and Migration in Sediment— Evaluating Ebullition and Associated NAPL/Contaminant Transport
E3282-22 Standard Guide for NAPL Mobility and Migration in Sediments – Evaluation Metrics
E3361-22 Standard Guide for Estimating Natural Attenuation Rates for Non-Aqueous Phase Liquids in the Subsurface
E3268-21 Standard Guide for NAPL Mobility and Migration in Sediment—Sample Collection, Field Screening, and Sample Handling
E3281-21a Standard Guide for NAPL Mobility and Migration in Sediments – Screening Process to Categorize Samples for Laboratory NAPL Mobility Testing
E2856-13(2021) Standard Guide for Estimation of LNAPL Transmissivity
E1689-20 Standard Guide for Developing Conceptual Site Models for Contaminated Sites
E3248-20 Standard Guide for NAPL Mobility and Migration in Sediment – Conceptual Models for Emplacement and Advection
E2531-06(2020) Standard Guide for Development of Conceptual Site Models and Remediation Strategies for Light Nonaqueous-Phase Liquids Released to the Subsurface
E3163-18 Standard Guide for Selection and Application of Analytical Methods and Procedures Used during Sediment Corrective Action
E3354-22 Standard Guide for Application of Molecular Biological Tools to Assess Biological Processes at Contaminated Sites
E2733-23 Standard Guide for Investigation of the Source and Cause of Releases from Underground Storage Tank Systems
E3225-24 Standard Practice for Performing Visual Examination of Containment Sumps
E2173-22 Standard Guide for Disclosure of Environmental Liabilities
E2137-22 Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters
E3123-24 Standard Guide for Recognition and Derecognition of Environmental Liabilities
BLM handles a broad range of items that meet the definition of hazardous materials, which includes wastes that meets the U.S. EPA definition of hazardous wastes. Items used in day-to-day operations such as solvents, cleaning solutions, paints, pesticides, herbicides, compressed gases, batteries and battery electrolytes, fuels and lubricants, and wood preservatives are typically hazardous materials and may become hazardous wastes when disposal is considered.
In addition, BLM managed lands include sites contaminated with hazardous materials, such as illegal trespass/dump sites; abandoned facilities that used, stored, or disposed of hazardous substances; retired military areas; and other potential hazardous material sites.
The HMM program manages hazardous materials in accordance with its stewardship responsibilities under the Federal Land Policy and Management Act (FLPMA) and the requirements of other Federal statutes, primarily the Clean Water Act, Comprehensive Environmental Response, Compensation, Liability Act; Resource Conservation and Recovery Act (RCRA); and Occupational Health and Safety Act. This list is not a comprehensive list as sections of other statutes (such as the Clean Air Act and Toxic Substances Control Act) apply as well. State and tribal requirements must also be included within the HMM program.
The HMM program works in cooperation with the Compliance Assessment Safety, Health, and the Environment (CASHE) Audit Program; Safety Health and Emergency Management; Lands, Realty and Cadastral Survey; and other BLM programs to achieve compliance with environmental regulations and BLM policies, and to protect BLM staff and the public.
The functions of the HM program include:
- Formulating and implementing policies to protect BLM staff and the public and to comply with environmental statutes and regulations in managing hazardous materials, including hazardous wastes.
- Preventing, mitigating, evaluating, and responding to the release of hazardous materials impacting or threatening to impact BLM managed lands.
- Monitoring and maintaining the protectiveness of environmental safeguards constructed to manage environmental hazards.
- Coordinating and supporting other BLM programs in managing the hazards posed by hazardous materials to include the due diligence required in land disposal and acquisition.
Contaminated Site Clean-Up Information (CLU-IN): Providing information about innovative treatment, characterization, and monitoring technologies while acting as a forum for all waste remediation stakeholders