查看标准

适用范围：<p><span class="italic">Activity and use limitations</span> are typically used in conjunction with risk-based decision-making principles in Federal, state, tribal, and local remediation programs, or where residual <span class="italic">chemicals of concern</span> remain following an evaluation of risk or following the implementation of a remedial action (<span class="italic">see</span> American Bar Association''s Implementing Institutional Controls at Brownfields and Other Contaminated Sites; EPA''s Institutional Controls: A Site Manager''s Guide to Identifying, Evaluating and Selecting Institutional Controls at Superfund and RCRA Corrective Action Cleanups; EPA<span class=''unicode''>x2019;</span>s Interim Guidance Regarding Criteria Landowners Must Meet in Order to Qualify for Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner Limitations on CERCLA Liability (Common Elements Guide); and EPA''s Strategy to Insure Institutional Control Implementation at Superfund Sites). The principal purposes of <span class="italic">activity and use limitations</span> are to:</p> <p>Eliminate <span class="italic">exposure pathways</span> for, or reduce potential <span class="italic">exposures</span> to, <span class="italic">chemicals of concern</span>;</p> <p>Provide notice to property owners, holders of interests in the property, title companies, utilities, tenants, realtors, lenders, developers, appraisers and others of the presence and location of <span class="italic">chemicals of concern</span> that may be present on the site;</p> <p>Identify the objectives and goals of each <span class="italic">activity and use limitation</span>;</p> <p>Identify the exposure assumptions upon which each <span class="italic">activity and use limitation</span> is based;</p> <p>Identify the site uses and activities which, if they were to occur in the future, would be appropriate and consistent with maintaining a condition of <span class=''unicode''>x201C;</span>acceptable risk<span class=''unicode''>x201D;</span> or <span class=''unicode''>x201C;</span>no significant risk<span class=''unicode''>x201D;</span>;</p> <p>Identify the site uses and activities which should NOT occur in the future (unless further evaluation and remedial action, as appropriate, are undertaken), as those activities and uses may result in the <span class="italic">exposure</span> of persons or ecological receptors to <span class="italic">chemicals of concern</span> at or near the site in a manner that is inconsistent with a condition of <span class=''unicode''>x201C;</span>acceptable risk<span class=''unicode''>x201D;</span> or <span class=''unicode''>x201C;</span>no significant risk<span class=''unicode''>x201D;</span>;</p> <p>Specify long-term stewardship objectives, and the entity which has responsibility for developing stewardship programs and paying for achieving those objectives, including any periodic statements or certification(s) of compliance; and</p> <p>Specify long-term performance standards, such as operation and maintenance obligations, or monitoring of an engineering control, that are necessary to ensure that the objectives and goals of <span class="italic">activity and use limitations</span> continue to be met.</p> <p><span class="italic">Activity and use limitations</span> should be implemented to eliminate <span class="italic">exposure pathways</span> for, or reduce potential <span class="italic">exposures</span> to, <span class="italic">chemicals of concern</span>. The following are some examples of situations where an <span class="italic">activity and use limitations</span> may be appropriate:</p> <p>Impacted ground water exists at a site where an alternative water supply is available. A restriction may be placed on the use of ground water for any purpose other than monitoring, or a restriction may place requirements for well construction or evaluation of treatment of ground ......<p ......