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Regulatory Process

Background on Procedural History for Regulatory Activities

In addition to certain applicable laws, the Maine Board of Environmental Protection Order (Order), which became effective in April 2014, sets forth the scope of remediation at the Site.  This section provides a summary of the regulatory process culminating in that Order.

Overview of Regulatory Process

To protect human health and the environment, agencies such as the Maine Department of Environmental Protection (Maine DEP) and the United States Environmental Protection Agency (USEPA) have authority to oversee the remediation of contaminated sites consistent with applicable statutes enacted by federal and state legislatures and regulations implemented by responsible agencies.  When HoltraChem Manufacturing Company was operating the facility, investigation of the Site initially began under the Resource Conservation Recovery Act (RCRA) Corrective Action program with oversight by USEPA and Maine DEP. RCRA sets forth requirements for sites that managed certain types and quantities of hazardous waste to be remediated once operations cease. When HoltraChem ended operations in 2000, Mallinckrodt, as a former owner/operator of the site, became responsible for meeting these RCRA obligations. Numerous investigations and interim remedial actions, including a Corrective Measures Study as required by RCRA, were completed under the oversight of the USEPA and the Maine DEP.


The Orrington Site was subsequently moved from the USEPA RCRA program into the Maine DEP program for managing sites where hazardous substances may be present -- the state equivalent to the Federal Superfund Program.  It is for this reason that the Orrington Site Remediation is being conducted consistent with applicable law and under an Order issued by the Maine Board of Environmental Protection (Maine BEP) in April 2014.  The BEP Order identifies specific areas of the Site for remediation and sets forth certain requirements for investigating and remediating these areas.


Regardless of the contaminants of concern, remediation projects generally involve multiple distinct phases of work: investigation, design, implementation, and site closure once remediation was completed consistent with applicable standards.  At that stage, the site may transition into post-closure operations and maintenance.  This progression of activities is often an iterative process that requires coordination and cooperation between all involved parties.  As described under each of the Project Cleanup pages, Maine DEP has overseen the investigations, designs, and actual clean-up work completed by Mallinckrodt and Maine DEP has a more detailed description of the process at the Maine DEP website.

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