Role of institutional controls in selection of remedial measures

This paper explores the regulatory intent of CERCLA's definition and applicability of institutional controls at hazardous substance release sites undergoing remedial action and institutional controls that have been defined and implemented at selected CERCLA (Superfund) sites in the United States. Under provisions of CERCLA, institutional controls can be components of, or supplements to, interim or final remedial measures for hazardous substance [as defined under CERCLA 101(14)] releases. The use of institutional controls has been proposed in a number of RODs for large Superfund sites (e.g., Times Beach, Missouri; the Clothier Disposal Site in Oswego County, New York; and the Wildcat Landfill in Kent County, Delaware). In these cases, the selected remedial actions combine active response measures with institutional controls to protect human health and the environment. These RODs provide insight to how widely the concept of institutional controls is used and under what conditions. The use of institutional controls at large federal facilities is also discussed