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Frequently Asked Questions
 Can the Record of Decision Be Changed?
Is the entire Coeur d'Alene River Basin watershed a Superfund site?
Does the Record of Decision define the extent of the Superfund Site?
How did EPA respond to the comments on the Proposed Plan?
How many properties has EPA cleaned up in the Basin?
Have all of the schoolyards in the Basin been cleaned up?
How and why does EPA “certify” areas?
What is the Basin Commission?
Can the Record of Decision Be Changed?
Yes. EPA frequently changes RODs based on new information. For example, if new information or new technologies become available, EPA can formally amend the ROD or can issue what is called an Explanation of Significant Differences (ESD). Depending on the nature of the change, EPA may:
- Prepare a fact sheet for public distribution. Nonsignificant or minor changes do not undergo formal public review and comment.
- Document significant changes in an ESD.
- Document fundamental changes in a ROD Amendment. A revised Proposed Plan is published that highlights the proposed changes. The final decision to amend is not made until after consideration of public comment. The affected states and tribes would be asked to concur on ROD Amendments.
Across the country, between 1996 - 1999, more than 300 RODs were modified either by amendments or ESDs. Parties outside of EPA initiated about half of these modifications.
Additional information about how RODs may be modified.
Is the entire Coeur d'Alene River Basin watershed a Superfund site? top
No. Only the parts of the Basin where mine waste is present are part of the Superfund site. The areas that need cleanup are mainly near historic mining and milling operations, in areas where tailings were used as fill material and in a narrow ribbon in the River system and its flood plain. These areas represent only a small portion of mile watershed. Areas where no contamination exists are not part of the Superfund site.
Does the Record of Decision define the extent of the Superfund Site? top
No. The Record of Decision describes EPA's plan for cleanup of mining contamination in the Basin. The extent of the Superfund site is determined by where mining contamination is located, not by the actions outlined in the ROD.
The parts of the Basin that contain mining contamination are already considered part of the Superfund site and the parts of the Basin without contamination are not part of the site.
How did EPA respond to the comments on the Proposed Plan? top
EPA reviewed and evaluated all comments submitted on the Proposed Plan. The Responsiveness Summary, issued with the Record of Decision (ROD), included a list of all parties who submitted comments. Written responses to all comments submitted on the Proposed Plan are provided in the Responsiveness Summary.
How many properties has EPA cleaned up in the Basin? top
Cleanup of Basin properties has been completed for the 2006 construction season. Property sampling continues and results are provided to property owners and to those interested in real estate transactions. In 2006, roughly 550 properties were cleaned up and over 1,000 properties sampled in the Basin.
Have all of the schoolyards in the Basin been cleaned up? top
No. Many of the schoolyards in the Basin have been cleaned up, but not all of them. Eventually, all schoolyards with contamination above levels of concern will be cleaned up.
EPA's first priority is to remediate residential properties that pose a risk to young children (6 years of age and under) and pregnant women. Other properties, such as commercial properties, schools, common areas, and street rights-of-way also are remediated to minimize risks to human health and reduce the potential for recontamination in the community.
EPA conducted cleanups at homes, parks, schools, daycares and other areas outside of the "Box" from 1997 - 2001. The Upstream Mining Group (UMG) has conducted cleanups in the "the Box" according to the requirements of the 1994 Consent Decree for the Populated Areas. The State of Idaho oversees UMG’s work.
Schoolyards In the "Box”
With the completion of Kellogg Middle School in 2003, all schools in the "Box" requiring cleanup have been addressed. All playgrounds and parks have been cleaned up as well.
Schoolyards in the Basin
The following schoolyards have been cleaned up in the Basin:
- Silver Hills Middle School (the greenhouse at Silver Hills will be cleaned up this year)
- Osburn Elementary School
- Osburn Middle School
- Wallace High School
- Mullan Elementary School
- Silver Hills Middle School
- Huggy Bear Day Care
How and why does EPA “certify” areas? top
Under Superfund, EPA “certifies” areas where Potentially Responsible Parties (PRPs), have completed the cleanup work outlined in a Consent Decree. For example, in 1998, EPA certified the work done by the Upstream Mining Group in the City of Smelterville. Before an area can be certified, the government must inspect the area to ensure all work under the Consent Decree is complete. If the work has not been completed in accordance with the Consent Decree, EPA notifies the PRP of the actions needed for certification. Once all work is complete, EPA provides written notification of the certification to the PRP. Certifications can be granted for all or part of the area where cleanup occurred.
It is important to understand that certification only applies to work specified in a Consent Decree. Certification does not necessarily mean that no additional work is needed in a particular area. For example, EPA may call for Five-Year Reviews to be conducted to make sure the cleanup remains effective. Or, in the case of the Union Pacific Railroad rails to trails work, additional work may be needed on or near the right-of-way as part of the overall Basin-wide cleanup.
What is the Basin Commission? top
The Basin Commission was established by Idaho law to implement the cleanup actions in the 2002 Record of Decision (ROD). This ROD established a clear priority for cleanup of community areas. The Basin Commission approves yearly work plans, which include the community cleanup, as well as other actions funded through Superfund and the Clean Water Act.
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[ Superfund | FOIA | Records Center ]
Point of contact: Debra Sherbina
E-Mail: sherbina.debra@epa.gov
Phone Number: (206) 553-0247
Last Updated: 04/11/2007
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