What is the Remedial Response Program?

The Remedial Response Program (RRP) is Ohio EPA's state-directed cleanup program for contaminated sites. Unlike the VAP, where cleanups are voluntary and managed by private Certified Professionals, the RRP involves direct Ohio EPA oversight. Ohio EPA issues Director's Final Findings and Orders (DFFOs) or pursues judicial consent decrees that compel responsible parties to investigate and remediate contamination. The RRP follows CERCLA methodology as modified by the NCP.

How does the Remedial Response Program differ from the VAP?

The key differences are control and initiation. The VAP is voluntary - a property owner chooses to enter the program and hires a Certified Professional to manage the process. The RRP is state-directed - Ohio EPA identifies the site, determines it requires cleanup, and issues orders compelling the responsible party to act. The RRP follows CERCLA-based RI/FS methodology and cleanup decisions are documented in Decision Documents. The VAP uses its own standards (CIDARS) and issues NFA letters. A site cannot be in both programs simultaneously for the same release.

What types of sites enter the Remedial Response Program?

Sites typically enter the RRP through emergency response referrals, complaints, referrals from other agencies, or U.S. EPA involvement. These are often sites with significant contamination, multiple responsible parties, complex hydrogeology, or situations where the responsible party is unwilling or unable to conduct a voluntary cleanup. Sites with immediate threats to human health or the environment may also be addressed through the RRP's emergency response authorities.

Can a site move from the Remedial Response Program to the VAP?

In some circumstances, yes. Ohio EPA and U.S. EPA have a Memorandum of Agreement (MOA) track that allows certain sites to transition to the VAP with additional oversight requirements. This includes direct Ohio EPA oversight of investigation and cleanup activities and opportunities for public review. The volunteer must implement additional steps beyond the standard VAP process to obtain assurance that U.S. EPA will not seek further cleanup.

What standards does the Remedial Response Program use for cleanup?

The RRP uses CERCLA-based methodology for establishing cleanup levels, which involves identifying Applicable or Relevant and Appropriate Requirements (ARARs) and conducting site-specific risk assessments. Cleanup levels are documented in Decision Documents (analogous to federal Records of Decision). The program references EPA RSLs as screening values and uses Ohio EPA's Technical Guidance Manual (TGM) for site investigation procedures. Cleanup standards are site-specific rather than drawn from a single statewide table like CIDARS.

Ohio DERR Remedial Response Program - State-Directed Cleanups

Overview

The Remedial Response Program (RRP) is Ohio EPA’s state-directed cleanup program for contaminated sites. Administered by the Division of Environmental Response and Revitalization (DERR), the RRP investigates historical hazardous waste releases and determines whether sites pose a risk to human health or the environment that requires cleanup.

The RRP is one of two major cleanup programs administered by DERR. The other is the Voluntary Action Program (VAP), which is voluntary and semi-privatized. The RRP is distinct from both the VAP and BUSTR in that it is state-initiated and state-directed - Ohio EPA identifies sites requiring cleanup and compels responsible parties to act through legal orders.

How Sites Enter the Program

Sites enter the Remedial Response Program through several pathways:

Emergency response referrals - Spills, releases, or immediate threats identified through Ohio EPA’s emergency response program
Complaints - Reports from the public or local government about contaminated properties
Referrals from other agencies - Including U.S. EPA, other Ohio state agencies, and local government
Ongoing investigations - Sites identified through Ohio EPA’s own monitoring and assessment activities

Ohio EPA uses threshold criteria to determine whether a site warrants a remedial response action versus referral to another program. Sites that do not meet the threshold criteria may be referred to the VAP, BUSTR, or other appropriate regulatory programs.

Legal Framework

The RRP operates under several sections of Ohio law that grant Ohio EPA authority to compel investigation and cleanup:

ORC 3734.13 - Authority related to hazardous waste management
ORC 3734.20 - Authority for actions at hazardous waste sites
ORC 6111.03 - Water pollution abatement authority
ORC 3745.01 - General Ohio EPA authority

Ohio EPA compels responsible parties to act through two primary mechanisms:

Director’s Final Findings and Orders (DFFOs): Administrative orders issued by the Ohio EPA Director that require responsible parties to conduct investigation and/or remediation activities. DFFOs specify the scope of work, reference applicable guidance documents, and establish timelines and reporting requirements.

Judicial Consent Decrees: Court-approved agreements between Ohio EPA and responsible parties, typically used for more complex or contentious sites where administrative orders may not be sufficient.

The RRP follows the requirements of the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as modified by the Superfund Amendments and Reauthorization Act (SARA) and the National Contingency Plan (NCP).

The Cleanup Process

RRP cleanups follow the CERCLA-based Remedial Investigation/Feasibility Study (RI/FS) framework:

Site Assessment and Investigation

Ohio EPA or its contractors conduct preliminary assessments to determine the nature and extent of contamination. If a site warrants further action, a formal Remedial Investigation (RI) is required. The RI characterizes site conditions including:

Nature and extent of soil and groundwater contamination
Hydrogeologic conditions
Exposure pathways and potential receptors
Ecological risk factors

Investigation activities follow the procedures outlined in Ohio EPA’s Technical Guidance Manual for Hydrogeologic Investigations and Groundwater Monitoring (TGM), which is referenced in DFFOs as guidance for site investigation. Ohio EPA’s Superfund Quality Assurance Project Plan (QAPP) and Field Standard Operating Procedures (FSOPs) provide sampling procedures for soil, groundwater, surface water, sediment, soil vapor, and indoor air.

Feasibility Study and Remedy Selection

The Feasibility Study (FS) identifies and evaluates remedial alternatives. Alternatives are assessed against the nine criteria from the NCP, including overall protection of human health and the environment, compliance with Applicable or Relevant and Appropriate Requirements (ARARs), long-term effectiveness, short-term effectiveness, implementability, cost, and community acceptance.

The selected remedy is documented in a Decision Document, which is the state equivalent of a federal Record of Decision (ROD). Decision Documents are publicly available through Ohio EPA’s DERR.

Remedial Design and Remedial Action

Once a remedy is selected, the responsible party develops a Remedial Design (RD) that specifies the engineering details and a Remedial Action (RA) plan for implementation. Remedial approaches may include:

Soil excavation and disposal
Groundwater pump-and-treat systems
In-situ remediation technologies (chemical oxidation, bioremediation, etc.)
Monitored Natural Attenuation (MNA)
Containment systems (caps, barriers, slurry walls)
Institutional controls (deed restrictions, land use limitations)

How Cleanup Standards Are Set

Unlike the VAP, which uses the statewide CIDARS standards, the RRP establishes cleanup levels on a site-specific basis. The process involves:

Identifying ARARs - Applicable or Relevant and Appropriate Requirements from federal and state law, including Ohio water quality standards, MCLs, and other regulatory limits
Conducting risk assessment - Site-specific evaluation of exposure pathways, receptor populations, and risk levels. EPA Regional Screening Levels (RSLs) are used as initial screening values.
Establishing cleanup levels - Based on the combination of ARARs, risk assessment results, and feasibility analysis

This site-specific approach means cleanup levels at RRP sites may differ from VAP generic standards for the same chemicals. The RRP can establish more or less stringent levels depending on site conditions, land use, and exposure scenarios.

Remedial Response vs. VAP

Understanding the differences between these two programs is important for consultants advising clients:

Initiation: The RRP is state-directed through orders and consent decrees. The VAP is voluntary - the property owner chooses to participate.

Oversight: RRP cleanups are directly overseen by Ohio EPA staff. VAP cleanups are managed by private Certified Professionals (CPs) with minimal direct Ohio EPA involvement during the cleanup process.

Standards: The RRP uses site-specific cleanup levels derived through CERCLA methodology. The VAP uses statewide generic standards from CIDARS, with site-specific risk assessments available as an alternative.

Liability protection: The RRP process results in a cleanup consistent with CERCLA requirements. The VAP issues a No Further Action (NFA) letter and, if requested, a Covenant Not to Sue (CNS) from Ohio EPA.

Cost: RRP costs are borne by the responsible party as identified by Ohio EPA. VAP costs are borne by the volunteer who chooses to enter the program.

Timeline: RRP timelines are determined by Ohio EPA through the terms of the DFFO or consent decree. VAP timelines are largely controlled by the volunteer and the CP.

A site generally cannot be in both programs simultaneously for the same release. However, the MOA track provides a pathway for certain sites to transition from the RRP framework to the VAP with additional oversight requirements.

The RRP is one of several programs within DERR that address contaminated sites:

Voluntary Action Program (VAP) - Voluntary, semi-privatized cleanups under ORC 3746
BUSTR - Underground storage tank-specific program under the State Fire Marshal
RCRA Corrective Action - Cleanups at permitted hazardous waste facilities under ORC 3734 and OAC 3745-50 through 3745-57
Brownfield Programs - Assessment and remediation funding through ODOD and Ohio EPA SABR
Federal Facilities - CERCLA cleanups at federal installations, with Ohio EPA oversight
Emergency Response - Immediate response to spills and releases

Resources

Ohio EPA DERR - Division homepage
State Cleanup Plans (Decision Documents) - Published remedial decisions
DERR Regulations - VAP, RCRA, and hazardous waste rules
DERR Guidance Documents - Technical guidance for site investigation and cleanup