Service Area

NCP Consistency

Gradient experts have experience evaluating the National Contingency Plan (NCP) consistency of response actions.  Our work has been performed in support of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) cost recovery litigation and for remedy negotiation and conflict resolution.  Gradient  staff  have conducted NCP consistency evaluations for a wide range of sites across the US, including urban sediment sites, landfills, manufactured gas plants, and regional groundwater plumes with public water supply wells.  In addition, Gradient experts have experience negotiating and providing strategic oversight of response actions that are consistent with the NCP, including remedial investigations, feasibility studies, human health and ecological risk assessments, and remedial actions.

The NCP is intended to ensure that cost-effective, environmentally protective cleanups are performed in a relatively standardized way throughout the nation, and that there is a consistent, objective basis for remedy decision-making.

Sample Projects

NCP Consistency Analysis for CERCLA Cost Recovery Litigation

Gradient was retained to evaluate the NCP consistency of response actions performed at a landfill near Chicago, IL. We reviewed and analyzed response actions to evaluate whether they were consistent with the requirements of the NCP and the Illinois Administrative Code (IAC). Our analysis helped demonstrate whether the work was consistent with the NCP, and thus whether the response costs were recoverable under CERCLA.

Evaluation of Remediation Alternatives for TENORM-impacted Landfill

Gradient was retained to evaluate remediation alternatives at a landfill that unknowingly accepted technologically enhanced, naturally occurring radioactive materials (TENORM). Gradient developed remedial action objectives, analyzed costs, and evaluated each remediation alternative for NCP consistency and regulatory compliance with the state agency to develop a Corrective Action Plan (CAP). In addition, Gradient contributed to negotiations between the landfill operators, the state agency, counsel, and the public.

NCP Consistency and Response Cost Analysis for CERCLA Cost Recovery Litigation

Gradient evaluated the NCP consistency of response actions performed at a former manufactured gas plant site in New York City. Our analysis showed that the work was performed under the New York State Department of Environmental Conservation’s (NYSDEC) approval and in compliance with the NCP, and that the costs incurred to remediate the site were reasonable and necessary for a large, heavily impacted site in an urban area.

Remedy Negotiation Support at a Polycyclic Aromatic Hydrocarbon (PAH) Sediment Superfund Site

Gradient prepared comments on United States Environmental Protection Agency’s (US EPA) proposed remedy for a Region V sediment site impacted with PAHs and non-aqueous phase liquid (NAPL). We evaluated the basis for each major remedy element in the context of consistency with the NCP. Our analysis demonstrated that the proposed remedy did not comply with the NCP, whereas several remedial alternatives considered, but not selected, did meet the NCP requirements. Our comments were submitted to US EPA, which modified its proposed remedy to include a contingent remedy alternative in the Record of Decision.

NCP Consistency Evaluation at Volatile Organic Compound (VOC)-impacted Well Fields

Gradient was retained to assess the NCP consistency of response actions performed by a municipal water purveyor at a groundwater National Priorities List (NPL) site. We reviewed and analyzed the response actions to evaluate whether they were performed consistent with the NCP. Gradient evaluated key technical documents required to demonstrate substantial compliance with the NCP and assisted in the development and implementation of public participation plans.

Our Team