Do’s and Don’ts for
Federal Facility Records of Decisions (RODs)
Last Updated: May 30, 2008
1) Nomenclature to use when entering a ROD into ICIS
Federal Facility Record of Decision (ROD). This term replaced the previous used nomenclature of Federal Facility Compliance Agreement.
2) Proper data entry for multiple RODs at one facility
Regions should enter a separate final order for each ROD at a facility. RODs are entered separately to capture the associated environmental benefits.
3) RODs that should be entered into ICIS
-No Further Action RODs
Do not enter IC-only RODs since there is no way at present to calculate VCMA for such RODs.
4) Entering ROD Amendments, Removal Actions and Explanation of Significant Differences (ESDs)
Enter these activities, (provided that an FFA is present) to add any environmental benefits from ROD Amendments, Removals or ESDs. These categories are included under Enforceable Final Order Activity Producing Results final order type. When entering into ICIS the environmental benefits from ROD Amendments or ESDs, enter only the net difference in environmental benefits determined through the ROD Amendment or ESD as compared to the original ROD.
5) Q: If there is no associated FFA, can we still enter the ROD into ICIS?
A: Currently there is no way to enter a ROD into ICIS without an FFA. Therefore, only RODs with an associated FFA can be entered into ICIS.
6) Q: If an FFA is signed after RODs have been issued, can we enter in the prior RODS?
A: No. The main purpose of recording RODs in ICIS is to capture the environmental benefits from EPA's work in getting an enforceable document (the FFA) in place at federal facility sites. EPA cannot take credit for RODs which predate an FFA since those RODs are not due to an enforceable document.
7) Entering more than one pollutant for the VCMA measure
More than one pollutant can be reported for Superfund response actions or RCRA corrective actions. However, to avoid double counting, the estimated volume of environmental medium should only be reported once. The amount in cubic yards should be reported with the primary pollutant of concern, if known, and the amounts for the other pollutants should be left blank. If it is not known which the primary pollutant of concern is, the amount can be reported with any one of the pollutants.
8) Entry into ICIS of new ROD Amendments or Explanation of Significant Differences (ESD’s) that either increase or decrease the environmental benefits quantity or injunctive relief value from a Federal Facility ROD already in ICIS.
There are two ways to handle this situation in ICIS, depending on whether there is a net increase or decrease in the total value of environmental benefits or injunctive relief:
Increase in values – Create a new final order record in ICIS under the original ICIS enforcement action record, by selecting “Enforceable Final Order Activity Producing Results” as the final order type. Enter under this new post-final order the net increase in injunctive relief/environmental benefits (do not double count benefits already entered in ICIS) between the new ROD Amendment/ESD and the original FF ROD.
Decrease in values – If there is a decrease in environmental benefits or injunctive relief, find the original FF ROD already entered in ICIS. Edit the original values associated with the ROD as needed based on of the new information. Do NOT create a new final order.
9) The terms of FFAs vary as to EPA’s oversight of Removal Actions conducted by federal facilities on their own sites. If, due to circumstances outside of EPA’s control, there is not enough information on a Removal Action to quantify environmental benefits, do not enter any environmental benefit amounts to ICIS.
However, when an FFA has been signed at a federal facility NPL site, ICIS allows reporting of environmental benefits and injunctive relief of Removal Actions if the Region has that information (based from official documentation such as the “Engineering Evaluation and Cost Analysis” (EE/CA) or Action Memorandum). If the Region has such information, the Region should create a new final order record in ICIS under the original ICIS enforcement action record by selecting “Enforceable Final Order Activity Producing Results” as the final order type. Enter under this new post-final order the environmental benefits and injunctive relief (to the extent such is available).
If there is not enough information to quantify environmental benefits or injunctive relief from a Removal Action, do not create a new post-final order record in ICIS.