United States
Environmental Protection
Agency
Office of Research and
Development
Washington, DC 20460
EPA/540/8-91/013
June 1991
Superfund
Superfund  Desk
Reference for
Municipalities

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               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C.  20460
                           MAY 20 1991
                                                       OFFICE OF
                                              SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM

Subject:   Superfund Desk Reference for Municipalities
From:      Bruce M.  Diamond,  Director
           Office  of Waste Programs Enforcement

To:        CERCLA  Enforcement Branch Chiefs

     The  "Superfund Desk Reference for Municipalities" is
attached  for your use.   The  manual is  a compilation of existing
documents relating  to municipalities and Superfund.  The manual's
purpose is to assist municipalities who have been or might be
identified as PRPs  to work through the Superfund process.  It
will also be useful to  those municipalities who are not PRPs, but
who may otherwise have  an interest in  a Superfund site.

     The  manual contains fundamental background information on
topics such as the  NCP,  the  NPL,  the municipal settlement policy
and sources for additional information pertaining to the
Superfund process.   My  staff compiled  the manual,  and we intend
to distribute it  widely.   But, you should also provide copies of
this manual to municipalities as  you learn of their potential
involvement or interest at a Superfund site.   The manual does not
establish new policy for municipalities under CERCLA; it is only
a reference document.

     We are unable  to provide you with a large supply of the
manual due to the prohibitive printing costs.   However,  the
manual will be available,  for a fee, from the National Technical
Information Service (NTIS).   NTIS'  address is U.S.  Department of
Commerce,  5285 Port Royal  Road, Springfield,  Virginia,   22161.
They maintain a 24-hour recorded  message service at (703)  487-
4650 for  telephone  orders.   If you need assistance when ordering,
you may cal (703) 487-4780 between 8:30 a.m.  and 5:30 p.m.,  EST
Monday through Friday.
                                                          Printed on Recycled Paper

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     I hope you find the manual useful.  For more information
about the manual, please contact Natalie Eades at FTS 475-6113,

cc:  National League of Cities
     International City Manager's Association
     National Institute of Municipal Law Officers
     Association of Metropolitan Sewerage Agencies
     Association of Metropolitan Water Agencies
     National Association of Towns and Townships
     United States Conference of Mayors

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                         About This  Manual


      The   Office   of   Waste  Programs   Enforcement   at  the  U.S.
 Environmental  Protection Agency developed this desk reference  to
 provide  municipalities  with  background  information  about the
 enforcement process under the Comprehensive Environmental Response,
 Compensation and Liability Act, as Amended, (CERCLA,  also known  as
 11 Superfund").   This law gives the U.S. EPA the authority  and the
 necessary  tools  to respond  directly  or  to  compel  potentially
 responsible parties to respond to releases or  threatened releases
 of hazardous substances.

      This  manual  is  a  compilation of existing  information and
 guidance on the Superfund enforcement  process.  The manual should
 assist . municipalities  in  learning the  fundamental  aspects  of
 Superfund  and  in  obtaining  additional   information   about the
 Superfund  program.

      This  manual   is  divided   into  nine sections.   Each  section
 consists of several documents.  The sections are divided  by  blue
 sheets and the individual documents are divided by yellow  sheets.
 The   first section consists   of   introductory  documents  about
 Superfund.  The second section includes EPA's municipal  settlement
 policy and fact sheets describing the policy.   The third  section
 includes reports on municipal  wastes.   The  fourth section contains
 an overview of  the National Contingency Plan,  (EPA's regulations
 implementing CERCLA and the Superfund program).  The fifth  section
 addresses  applicable  or relevant  and appropriate  requirements
 (ARARs)   for  Superfund clean-ups.   The  sixth section contains
 documents  that describe  removal actions.   The  seventh  section
 describes how records  of decision are prepared.  The eighth  section
 contains the February, 1991 publication of the National  Priorities
 List  (NPL), which includes a list of municipal landfills. Finally,
 the  ninth section includes   a compendium  and   a  catalogue of
 documents  relating  to  Superfund.

     Additional  copies  of  this  manual are  available  from the
 National Technical  Information  Service  (NTIS),  U.S.  Department of
 Commerce, 5285 Port Royal Road, Springfield, Virginia, 22161.  NTIS
 maintains a 24-hour recorded message service at (703) 487-4650 for
 telephone  orders.   If you need  assistance when ordering you may
 call  (703) 487-4780 between 8:30 a.m. and 5:30 p.m.,  EST Monday
 through  Friday.     There  is  a  charge  for  reproduction  of the
 document.  If you have  questions about the contents of this manual,
 please call the Guidance and  Evaluation Branch of the Office of
Waste Programs Enforcement at  (202)  475-6770.

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                SUPERFUND DESK REFERENCE

                  FOR MUNICIPALITIES


                      April 1991




                    Acknowledgement

This document was developed through the joint efforts of the
Office of Waste Programs Enforcement at the U.S.
Environmental Protection Agency and PRC Environmental
Management, Inc. under contract number 026-0544-00.  The
people who assisted in developing this document include Paul
Connor and Arthur Weissman in the Office of Waste Programs
Enforcement, and Claudia Barber and Mark Johnson at PRC
Environmental Management, Inc.
                      Disclaimer

The policies and procedures set forth in this document are
intended solely for the guidance of government personnel.
They are not intended, nor can they be relied on, to create
any rights, substantive or procedural, enforceable by any
party in litigation with the United States.  The Agency
reserves the right to act at variance with these policies
and procedures and to change them at any time without public
notice.
     United States Environmental Protection Agency
         Office of Waste Programs Enforcement
                Washington,  D.C.  20460

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                         TABLE OF CONTENTS

            SUPERPUND DESK REFERENCE FOR MUNICIPALITIES
                                              Publication No.
SECTION  I.  GENERAL INFORMATION

                     Title

1.   ENVIRONMENTAL FACT SHEET - THE
     SUPERFUND  ENFORCEMENT PROCESS:
     HOW IT WORKS

2.   HOW TO OBTAIN SUPERFUND INFORMATION


3.   THE SUPERFUND ENFORCEMENT PROCESS
     BACKGROUND PAPER ON THE MAJOR
     PROVISIONS OF SUPERFUND
     REAUTHORIZATION

     POLITICAL SUBDIVISION  INVOLVEMENT
     IN -SUPERFUND
                                         None  (Summer  1988)
                                         OSWER No.  9200.5 -
                                         405/FS (January 1990)

                                         OSWER/OWPE/CED
                                         Excerpts from EPA's
                                         Guidance and Oversight
                                         Branch Orientation
                                         Manual/     (December
                                         1988)

                                         None (January 1987)
                                         OSWER No. 9375.5 -
                                         03/FS (April 1990)
SECTION II. INTERIM CERCLA MUNICIPAL  SETTLEMENT POLICY

                    Title

6.
INTERIM CERCLA MUNICIPAL SETTLEMENT
POLICY —• Environmental  Fact Sheet

TRANSMITTAL MEMORANDUM OF INTERIM
POLICY ON CERCLA SETTLEMENTS
INVOLVING MUNICIPALITIES AND
MUNICIPAL WASTES & ATTACHMENTS:

a.)  INTERIM CERCLA MUNICIPAL
     SETTLEMENT POLICY FACT  SHEET

b.)  INTERIM POLICY ON CERCLA
     SETTLEMENTS INVOLVING
     MUNICIPALITIES OR MUNICIPAL
     WASTES
                                              None  (December 1989)


                                              (December 6,  1989)




                                              (December 1989)
                                              (OSWER No. 9834.13/
                                             December 6, 1989)

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                        TABLE OP CONTENTS
           SUPERFUND DESK REFERENCE FOR MUNICIPALITIES
                            (continued)
SECTION III. REPORTS ON MUNICIPAL WASTE

                    Title

8.   REPORT ANALYZES MUNICIPAL WASTE
     COMBUSTION ASH, ASH EXTRACTS, AND
     LEACHATES — Environmental Fact Sheet

9.   CHARACTERIZATION OF MUNICIPAL SOLID
     WASTE IN THE UNITED STATES:  1990
     Update — EXECUTIVE SUMMARY
                                              Publication No. (Date)
OSWER /530-SW-90
029C (April 1990)
OSWER/530-SW-90-
042A (June 1990)
SECTION IV. NATIONAL CONTINGENCY  PLAN

                    Title

10.  THE FINAL NATIONAL  CONTINGENCY  PLAN:
     NEW DIRECTIONS FOR  SUPERFUND

11.  QUESTIONS AND ANSWERS  REGARDING THE
     1990 NCP
None  (February 1990)
None  (February 1990)
SECTION V. ARARS
                     Title
12.  CERCLA COMPLIANCE  WITH OTHER LAWS
     MANUAL —  GUIDE  TO MANUAL

13.  CERCLA COMPLIANCE  WITH OTHER LAWS
     MANUAL —  CERCLA COMPLIANCE WITH
     STATE REQUIREMENTS

14.  CERCLA COMPLIANCE  WITH OTHER LAWS
     MANUAL OVERVIEW  OF ARARs — Focus
     on ARAR Waivers

15.  ARARs SHORT GUIDANCE QUARTERLY REPORT
16.  ARARs Q's  &  A's
OSWER NO. 9234.2  -
02/FS (September 1989)

OSWER No. 9234.2  -
05/FS (December 1989)
OSWER No.  9234.3  -
03/FS (December 1989)
OSWER No.  9234.3  -
001  (March 1990)

OERR No. 9234.2 -
01/FS  (May 1989,  May
1990)

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                         TABLE OP CONTENTS

            SUPERFUND DESK REFERENCE FOR MUNICIPALITIES
                             (continued)
 SECTION VI REMOVAL ACTIONS UNDER SUPERFUND

                     Title

 17.   CHAPTER II OF OWPE'S "ENFORCEMENT
      PROJECT MANAGEMENT HANDBOOK" —
      REMOVAL ACTIONS

 18.   THE EMERGENCY RESPONSE NOTIFICATION
      SYSTEM
                                               Publication No.  (Date)
 None (November 1989)
OERR No.  9360.0-21
 (August 1989)
19.  REIMBURSEMENT TO LOCAL GOVERNMENTS FOR  OSWER Dir. 9225.3  -
     EMERGENCY RESPONSE TO HAZARDOUS         01/FS (November 1989)
     SUBSTANCE RELEASES
SECTION VII  DEVELOPING RECORDS OF DECISION

                     Title

20.  THE  FEASIBILITY STUDY — DEVELOPMENT
     AND  SCREENING OF REMEDIAL ACTION
     ALTERNATIVES

21.  GETTING READY — SCOPING THE RI/FS
22.  A GUIDE TO  DEVELOPING SUPERFUND
     RECORDS OF  DECISION

23.  A GUIDE TO  DEVELOPING SUPERFUND
     PROPOSED PLANS
OSWER  Dir. 9355.3  -
01/FS-3     (November
1989)

OSWER  Dir. 9355.3  -
01/FS-l     (November
1989)

OSWER  Dir. 9335.3  -
02/FS-l  (May  1990)

OSWER  Dir. 9335.3  -
02/FS-2  (November
1989)
SECTION VIII. NATIONAL  PRIORITIES LIST
                     Title

24.  NATIONAL PRIORITIES LIST (NPL)
     (FEBRUARY 1991)
None (February  1991)

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25.  LISTING MUNICIPAL LANDFILLS ON  THE       OSWER Dir.  9320.1  -
     NPL                                      09  (August 21,1987)

26.  NATIONAL PRIORITIES LIST,  SUPPLEMEN-     OERR/HW - 10.14S
     TARY LISTS AND SUPPORTING  MATERIALS      (August 1990)
SECTION IX OTHER DOCUMENTS

                    Title

27.  COMPENDIUM OF CERCLA RESPONSE  SELEC-     OSWER Dir.  9833.4-la
     TION GUIDANCE DOCUMENTS  - USERS
     MANUAL  (REVISED - MARCH  1991)

28.  CATALOG OF SUPERFUND PROGRAM          .   OERR No.  9200.7-02A
     PUBLICATIONS  (October  1990)

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c
c
                                    SECTION I
                               GENERAL INFORMATION

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o

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         EPA
                        United States
                        Environmental Protection
                        Agency
                          Office of Solid Waste
                          and Emergency Response
                          Washington, O.C. 20460
Office of Waste Programs Enforcement   OWPE-9800.1FS
Summer 1988
                        Environmental
                        Fact  Sheet
                       The Superfund  Enforcement
                       Process: How It Works
INTRODUCTION

1m W60, Caognet passed the Comprehensive Environ-
mental  Response,  Compensation  and  Liability  Act
(CERCLA), commonly called Superfund. This law pro-
vides the U.S. Environmental Protection Agency (EPA)
with the authority and necessary tools to respond directly or
to compel potentially responsible parties (PRPs) to respond
to releases or threatened releases of hazardous substances,
pollutants or contaminants. CERCLA created two parallel
and complementary programs aimed at achieving this goal.

The first program involves the creation of a trust fund
financed through a special tax on the chemical and petro-
leum industries. This trust fund, known as the Superfund,
may be available for site remediation when no viable PRPs
are found or when PRPs  fail to take necessary response
actions.  PRPs are defined as parties identified as having
owned or operated hazardous substance sites, or who have
transported or arranged for disposal or treatment of hazard-
ous substances, pollutants or contaminants at such sites. The
second program provides EPA with the authority to negoti-
ate settlements, to issue orders to PRPs directing them to
take necessary response actions, or to sue PRPs to repay the
costs of such actions when the Trust Fund has been used for
these purposes. The actions EPA takes to reach settlement
or to compel responsible parties to pay for or undertake the
remediation of sites are referred to as the Superfund enforce-
ment process. CERCLA was reauthorized and amended on
October 17,  1986,  by the Superfund Amendments and
Keauthorization Act (SARA). SARA provides EPA with
new authorities and tools that strengthen the enforcement
program.
                                   LIST OF ACRONYMS

                         CERCLA:  Comprehensive Environmental Response,
                                  Compensation and Liability Act of 1980
                         IAG:      Interagency Agreement
                         NBAR:    Non-binding Allocation of Responsfcity
                         NPL:      National Priorities List
                         PRP:      Potentially Responsible Party
                         RCRA:    Resource Conservation and Recovery Act,
                                  as Amended
                         RD/RA:    Remedial Design/Remedial Action
                         RI/FS:    Remedial Investigatfon/Feasbflity Study
                         ROD:     Record of Decision
                         SARA:    Superfund Amendments and
                                  Reauthorizatton Act of 1986
                       This fact sheet describes the enforcement authorities and the
                       process that is followed under the Superfund program. It de-
                       scribes the options available to EPA for remediating hazard-
                       ous waste sites; the tools and mechanisms mat EPA may use
                       in negotiating settlements with PRPs, and describes the
                       decision-making process at enforcement sites.

                       OVERVIEW OF THE ENFORCEMENT
                       PROGRAM

                       A major goal of the Superfund program is to encourage PRPs
                       to remediate hazardous waste sites. The enforcement proc-
                       ess normally used by EPA to enlist PRP involvement may
                       include five major efforts.

                                                                 1

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               SUPERFUND REMEDIAL/ENFORCEMENT PROCESS

             11JJ^ll^!«^'l^;:Jl«>,to,«-„T^,^,i,,,,/:^-:,»^^^>;A^fc^'"^«lfW!^
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  ENFORCEMENT AUTHORITIES

  The original Supertax! program was reauthorized and expanded
  on October 17,1986. when President Reagan signed into law the
  Superfund Amendments and Reauthorization Act  of  1986
  (SARA). TheseamendmentsincreasedthsSuperfundTnistFund
  to  $8.5 billion  and clarified  and expanded  enforcement
  authorities:

    • Accecc and Information Gathering - SARA strengthens
      EPA's ability to obtain access to investigate  sites and to
      obtain information from parties with knowledge of the site.

    • Settlement  Authorities - CERCLA  authorizes EPA to
      compel a PRP to undertake necessary actions to control the
      threat of imminent and substantial endangerment to human
      health or the environment.  To accomplish this, EPA may
      either issue an administrative order or bring a civil action
      against the PRP in court SARA outlines specific procedures
      for negotiating settlements with PRPs to conduct voluntary
      response actions at hazardous waste sites.

    • Cost Recovery - Once a Fund-financed response has been
      undertaken, EPA  can recover costs  from the responsible
      parties. Pastandpresentfacility owners and operators, as well
      as hazardous substance generators and transporters, can all be
      liable under Superfund for response costs and for damage to
      natural resources.  EPA may recover Federal response costs
      from any or all of the responsible parties involved in a
      remedial action. The monies recovered go back into the Fund
      for use in future response actions.

    • Criminal Authorities - SARA increases criminal penalties
      for failure to provide notice of a release and makes submitting
      false information a criminal offense.
  • CitizoiStdts-SARAauthorizesacitizentosueanyperson,
    the United States, or an individual State for any violation of
    standards and  requirements of the  tow, under certain
    conditions.

Federal Facilities

SARA also adds a section dealing with releases of hazardous sub-
stances at Federal facilities. This provision clarifies that Super-
fund apoUes to Federal agencies and that they must coaiply with
its requirements. SARA clearly defines the  process Federal
agencies must follow in undertaking remedial responses.  At
NPL sites, EPA makes the final selection of the remedy if the
Federal agency and EPA disagree.  A Federal agency  must
remediate a Federal facility through an interageacy agreement
GAG), except in emergency situations.  lAGs are enforceable
agreements between Federal agencies  that are subject to the
citizen suit provisions in SARA and to section 109 penalties, if
the responding agency does not comply with  the terms of the
agreement

SARA also provides a schedule for response actions at Federal
facilities, including a schedule for  preliminary assessments,
listing on the National Priorities List, remedial investigations/
feasibility studies, and remedial actions. State and local officials
also must be given the opportunity to participate in the planning
and selection of any remedy, including the review of all data.
States are  given a formal opportunity to review remedies to
ensure mat they incorporate State standards.  Public participa-
tion in addressing releases at Federal facilities is enhanced by
SARA, which establishes a Federal Agency Hazardous Waste
Compliance Docket This docket functions as a repository of in-
formation for the public and is available for public inspection.
Every six months after establishment of the docket, EPA will
publish in the Federal Reristey a list of the Federal facilities that
have been included in the docket during the preceeding six-
month period.
This interaction is important because it provides the oppor-
tunity to share information about the site and may reduce
delays in conducting response actions.

The enforcement process begins with the search for PRPs,
concurrent with NPL listing.

Once identified, PRPs are typically issued a general notice
letter. The general notice informs PRPs of their potential
liability. The general notice also may include a request for
and a release of information on PRPs and the  substances at
the site.  The overall purposes of the general  notice are to
provide PRPs and the public with advance notice of possible
future negotiations with EPA, to open the lines of commu-
nication between EPA and PRPs, and to advise PRPs of
potential liability.

In addition to the general notices, EPA may issue a "special
notice," which invokes a temporary moratorium on certain
EPA remedial and enforcement activities. An RI/FS special
notice initiates a 90-day moratorium and an RD/RA special
notice initiates a 120-day moratorium.  The moratorium
provides a period of time during which EPA and PRPs ne-
gotiate.  The goal of negotiations is for EPA and PRPs to
reach a settlement where the PRPs agree to conduct and/or
finance response activities. Negotiations may be terminated
after 60 days for either the RI/FS or RD/RA if PRPs do not
provide EPA with a "good faith" settlement offer.

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Negotiations for the RI/FS

The PRPmay conduct the RI/ES if EPA detennincs the PRP
1$ qualified to conduct the RI/FS and if the PRP agrees to
reimburse EPA for die cost of oversight The terms of this
agreement to conduct the RI/FS are outlined in either an
Administrative Order on Consent or a Consent Decree, both
of which are enforceable in court  If negotiations do not
result in an order or a decree, EPA may use Trust Fund
monies to perform the RI/FS and seek reimbursement for its
costs.

Negotiations for the RD/RA

"Where a special notice is used, the moratorium for RD/RA
may be extended to a total of 120 days. The terms of the
agreeaoa to conduct the RD/RA are outlined in a Consent
JDtCtte. which all parties sign and is entered in court Ifne-
gotiatioosdonwresultinasettlement, EPA may conduct the
remedial aetfvityusing Trust Fund monies, and sue for reim-
bursement of its costs with the assistance of the Department
of Justice (DOJ). Or EPA may issue a unilateral administra-
tiveorderor directly file suit to force the PRPs to conduct the
remedial activity.
i
Administrative Record

The information used by EPA to select a remedy at a site
must be made available to the public. This information, in-
cluding public comments, is compiled and maintained in the
administrative  record  files.   The administrative record
serves two main purposes.  First, it ensures an opportunity
for public involvement in the selection of a remedy at a site.
Second,  it provides a basis for judicial review of the
selection.

TOOLS FOR ENFORCEMENT

In addition to outlining the procedures for the enforcement
process, CERGLA provides tools that are designed to help
EPA achieve settlements. The CERCLA settlement authori-
ties may be used by EPA to foster negotiations with PRPs
instead of taking them to court EPA believes that PRPs
should be involved early in the Superfund process at a site.
It is in the best interest of PRPs to negotiate with EPA and to
conduct the RI/FS, as this can keep the process smooth and
costs can be controlled. EPA actively promotes settlements
with PRPs using tools in SARA and is continuing to work
towards  improvements in the settlement process  itself.
These new SARA tools include, but are not limited to:
Mixed Funding

CERCLA authorizes the use of "mixed funding." Inn,
funding, settling PRPs and EPA share the costs of tht
sponse action and EPA pursues viable non-settlers for the
costs EPA incurred. Through guidance, EPA discusses the
use of three types of mixed funding arrangements. These are
"preauthorization," where the PRPs conduct the remedial
action and EPA agrees to reimburse the PRPs for a portion
of their response costs; "cash-outs," where PRPs pay for a
portion of the remedial costs and EPA conducts the work;
and "mixed work," where EPA. sad PRPs both agree to
conduct and finance discrete portions of a remedial action.
EPA prefers a "preauthorized" mixed-funding agreement,
where PRPs conduct the wo*.

EPA encourages the use of mixed funding to promote
settlement and site remediation, but will continue to seek
100 percent of response costs from PRPs where possible.
Use of mixed funding does not change EPA's approach to de-
termining liability. PRPs may be held jointly and severally
liable and EPA will seek to recover EPA's mixed funding
share from non-settling PRPs whenever possible.

JQ& Minimis Settlements

Ds minimis. settlements are smaller agreements sepa
from the larger settlement for the chosen remedy. Unde
minimis settlements, relatively small contributors of waste
to a site, or certain "innocent" landowners, may resolve their
liability. Innocent landowners are parties  who bought prop-
erty without knowing that it was used for hazardous waste
handling.  Or EPA may enter into dfi minimis. settlement
agreements with a party where the settlement includes only
a minor portion of the response costs and when the amount
of waste represents a relatively minor amount and is not
highly toxic, compared to other hazardous substances at the
facility. De minimis settlements also may be used where the
PRP is a site owner who did not conduct or permit waste
management or contribute to the release  of hazardous sub-
stances. De minimis settlements are typically used  in con-
junction with covenant not to sue agreements. These agree-
ments generally will be in the form of administrative orders
on consent and are available for public comment

Covenants Not To Sue

A covenant not to sue may be used to limit the present and
future liability of PRPs, thus encouraging them to
settlement early.  However, agreements generally  i
"reopeners" that would allow EPA to hold parties liable

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 conditions unknown at the time of settlement or for new in-
 formation indicating that the remedial action is not protec-
 tive of human health and the environment. In some cases,
 such as dfi minjmia settlements, releases may be granted
 without  reopeners. Covenants not to sue are likely to be
 used only in instances where the negotiating PRP is respon-
 sible for only a very small portion of a site, and, therefore,
 EPA is assured that any future problems with the site are not
 likely to be the result of mat PRFs contribution

 Non-binding Allocations of Responsibility (NEAR)

 NEAR is a process for EPA to propose a way for PRPs to
 allocate costs among themselves.  EPA may decide to
 prepare an NB AR when the Agency determines this alloca-
 tion is likely to promote settlement An NEAR does not bind
 the government or PRPs and cannot be admitted as evidence
 or reviewed in any judicial proceeding, including citizen
 suits.  Since each PRP may be held liable for the entire cost _.
 of response, regardless of the size of its contribution to a site,"
 knowing EPA's proposed allocation scheme may encourage
.the PRPs to settle out of court rather than run the risk of being
held fully responsible.

STATE PARTICIPATION

The Superfund program allows for and encourages State
participation in enforcement activities.  First, EPA is re-
quired to notify the State of negotiations with PRPs and
provide the  opportunity for the State to participate. States
may be a party to any settlement in which they participate.
m addition, EPA is authorized to provide funds to States to
allow  State  participation in  enforcement activities and to
finance certain State-lead enforcement actions.
 PUBLIC PARTICIPATION/COMMUNITY
 RELATIONS

 EPA policy and the Superfund law establish a strong pro-
 gram of public participation in the decision-making process
 at both Fund-lead and enforcement sites. The procedures
 and policy for public participation at enforcement sites are
 basically the same as for non-enforcement sites.  This fact
 sheet is limited to those special differences in community
 relations when the Agency is negotiating with* or pursuing
 litigation against PRPs. The contact listed below has nu-
 merous fact sheets on the Superfund program, including a
 fact sheet on Public Involvement

 Community relations at enforcement-lead sites may differ
 from community relations activities at Fund-lead  sites
 because negotiations betweeoEPA, DOJ ap£PKRt-gener-
 ally focus pathe issue ef liability. Hie negotiation process,
' thus, requires that some informatiea>^e kept confidential
 and is not usually open to die public.

 When these discussions deal with new technical informa-
 tion that changes or modifies remedial decisions, this infor-
 mation will be documented and placed in the administrative
 record files. This process provides the public with critical
 information and enables the Agency to move quickly to-
 wards settlement  Information on enforcement strategy;
 details of the negotiations, such as the behavior, attitudes, or
 legal positions of responsible parties; and evidence or attor-
 ney work product material developed during negotiations,
 must remain confidential.
  FOR MORE INFORMATION:
                                              OFFICE  OF WASTE PROGRAMS ENFORO-TIENT
                                              U.  S. Environmental Protection Agency
                                              401 M Street,  Southwest (OS-500)
                                              Washington, DC 20460

                                              (202) 382-4814

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HOW TO OBTAIN SUPERFUND INFORMATION

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       HOW TO OBTAIN SUPERFUND DOCUMENTS
 Documents issued by EPA's Office of Emergency and Remedial Response
 (OERR, or Superfund) may be ordered from:
     National Technical Information Service (NTIS)
     U.S. Department of Commerce
     5285 Port Royal Road
     Springfield, VA  22161

     800-336-4700
          or
     703-487-4650
If you need help identifying a document in which you are interested, call:
     RCRA/Superfund Industrial Assistance Hotline

     800-424-9346
          or
     202-382-3000
The Hotline can give you the precise title, the date of the most current
version, and the "PB number" that you will need when ordering from
NTIS. You may also request a catalog of Superfund publications, for your
future reference.

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THE SUPERFUND ENFORCEMENT PROCESS

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                           OWPE-9800.1
 The Superfund Enforcement Process
U.S. Environmental Protection Agency

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                                                            OWPE-9800.1
                       THE SUPERFUND ENFORCEMENT PROCESS

                             The CERCLA Enforcement Process

       The Superfund enforcement process is based on the liability standard established in the
 Comprehensive  Environmental Response, Compensation  and Liability Act (CERCLA)  liability
 standard. CERCLA liability is strict, joint, several, and retroactive.  The three major thrusts of the
 enforcement program are as follows:

              •   Achieving private-party  responses
              • .  Overseeing private-party responses
              •   Recovering  the costs of Environmental  Protection Agency (EPA)-lead cleanups

       Private-party response actions may be achieved through settlements or enforcement actions
 brought by EPA. All private-party responses are subject to  oversight by the Agency to verify the
 correctness and thoroughness of the potentially responsible party's (PRP's) actions.  PRPs may be
 held liable for the entire cost of cleanup since their liability begins with site discovery and continues
 during operation and maintenance — long after the remedial action is complete.  The Agency will
 taken cost recovery action to obtain reimbursement for the costs of cleanups funded by the Trust
 Fund (Superfund).

       The following is a brief description of the Superfund enforcement process.  An appendix has
 been included, which consists of flowcharts outlining several Superfund enforcement activities.

                                       PRP Search

       PRPs are parties liable  for payment of Superfund  cleanup costs. PRPs include companies
 that generate any hazardous substances found at a site, present and former owners and operators, and
certain transporters who dispose of hazardous substances  at a site.  Early identification of PRPs
supports EPA policy to secure cleanup by PRPs in lieu of Superfund financing, where such cleanup
can be accomplished in a timely and effective manner.

       The initiation of a PRP search is concurrent with the initiation of the National Priorities List
(NPL) listing process.  At the time of site discovery, a preliminary search is conducted to identify
obvious PRPs. This step is essential, especially at removal sites where immediate action is needed.
The extent of a PRP search depends on  several factors: NPL status, site complexity, and amount
of funds expended at the site.  The PRP  search efforts include review of state and agency records,
title searches, interviews with site operators, and financial assessment of PRPs.

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                                                              OWPE-9800.1
                   Notice Letters, Negotiations, and Information Exchange

       Important mechanisms for promoting interaction and facilitating communication between
 EPA and PRPs include issuing notice letters, entering into negotiations, and exchanging information
 with PRPs. Upon identification of a PRP, EPA must notify the PRP of its liability.  In the past, this
 notification has  been  accomplished  through a "general notice" letter to the PRPs.  Following the
 reauthorization of CERCLA, EPA began using special notice procedures that establish a 90- to 120-
 day moratorium and formal negotiation period.  The  PRPs must respond to EPA's special notice
 letter by either declining within the time specified to participate in the cleanup or by offering a good
 faith proposal to EPA to clean up the site.  If the PRPs decline to participate, or the time specified
 lapses, EPA will either take administrative or judicial action to compel cleanup, or will obligate
 funds for performing the cleanup.   If a good faith proposal is submitted and accepted, EPA will
 continue negotiating with the PRPs.

       An information exchange between the PRPs and EPA facilitates  negotiations.  EPA may
 request information about  PRP involvement with a  site under CERCLA Section 104, through
 information requests,  or through EPA's Section 122 subpoena authority.  It is Agency policy- to
 release information to PRPs, allow  them to assess the  nature of their waste contribution, identify
 other PRPs, coalesce, and develop good faith offers. Agency information summaries are routinely
 included with general notice letters.

       Several settlement tools may be used  to encourage settlements during negotiations.  These
 tools include de minimis  settlements,  mixed-funding  settlements, and  nonbinding  preliminary
 allocations of responsibility (NBARs). These tools may expedite more complete settlements.

                         Settlements, Noncompliance, and Oversight

       If negotiations are successful, the agreement between the PRPs and EPA will be embodied
 in a consent  administrative order or a consent  decree  (CD).  Consent administrative  orders are
 negotiated and agreed upon by both the PRPs and EPA.  They are usually used for removal actions
or remedial investigation/feasibility studies (RI/FSs).  They  are issued by EPA and specify due
dates and the exact cleanup work to  be conducted. If PRPs do not comply with the agreement, EPA
may refer the case to the Department of Justice for enforcement.  CDs are also negotiated and agreed
upon by both the PRPs and EPA. They are the.preferred judicial documents for conducting remedial
design/remedial  action (RD/RA) and must be filed with a court  by  the Department  of Justice.
Courts can enforce CDs when PRPs  refuse to comply with them.

       Once a settlement agreement has been reached with the PRPs, a federal representative is
necessary to oversee the private-party cleanup. Oversight is critical to ensuring that the  PRP cleanup

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                                                           OWPE-9800.1
is performed properly and expeditiously. Typical oversight activities include analyzing split samples,
reviewing PRP reports, and approving PRP work plans.

                        Enforcement Authorities and Fund Financing

       Unilateral administrative orders (UAOs) are issued under Section 106(a) of CERCLA if the
PRP is unwilling to settle. UAOs tell the parties to conduct the cleanup. Failure to comply with the
UAO may result in the imposition of fines, damages, and court orders to conduct the cleanups. If
EPA believes the site requires immediate action,  EPA may obligate the Trust Fund and proceed
with a Fund-financed cleanup.  However, Fund-financed cleanups are followed by cost recovery
actions.

       Cost recovery involves all documented costs relating to the cleanup action.  Demand letters
form the  basis  for  cost  recovery  negotiations.    Under  the Superfund Amendments  and
Reauthorization  Act (SARA), EPA  can recover its' costs, if they total less than $500,000, in an
administrative action.  Administrative actions give PRPs a right to a hearing, without involving the
courts. However, when more than $500,000 is sought, EPA must go to court to recover its expenses.

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                  OWPE-9800.1
APPENDIX

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BACKGROUND PAPER ON THE MAJOR PROVISIONS
      OF SUPERFUND REAUTHORIZATION

-------

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                     BACKGROUND PAPER ON THE
          MAJOR PROVISIONS OF SUPERFUND REAUTHORIZATION

                 PUBLISHED BY  THE UNITED STATES~
                 ENVIRONMENTAL PROTECTION AGENCY
          OFFICE OF SOLID WASTE AND EMERGENCY RESPONSE
	!	January 1987

INTRODUCTION

    The Comprehensive Environmental Response, Compensation and
Liability Act  (CERCLA), commonly known as Superfund, was
enacted in  1980.   This law provided broad Federal authority to
respond directly to releases or threatened releases of
hazardous substances that may  endanger public health or welfare
or the environment.  Costs for this program were originally
covered by  a $1.6  billion Hazardous Substance Response Trust
Fund.  This fund was designed  to pay for cleanup operations,
enforcement action, and the recovery of costs from responsible
parties.

    On October 17, 1986, President Reagan signed into law the
Superfund Amendments and Reauthorization Act of 1986 (SARA).
These Amendments increase Superfund revenues to $8 5 billion,
and strengthen the EPA's authority to conduct short-term
(removal),  long-term (remedial) and enforcement actions.  The
Amendments  also strengthen State involvement in the cleanup
process and the Agency's commitment to research and
development, training, health  assessments, and public
participation.  A  number of new statutory authorities, such as
Community Right-to-Know are also established.

    This background paper summarizes the major provisions of
the new Superfund  law.  Figure 1 provides a comparison of the
original law and SARA.

THE REMOVAL PROGRAM

    A "removal action" is generally a short-term action
intended to stabilize or clean up a hazardous incident or site
threatening human  health and welfare or the environment.
Specifically, removal actions may include removing and
disposing of hazardous substances; constructing a fence around
a site; collecting and analyzing soil, air and water samples;
providing alternative water supplies to local residents; or
temporarily relocating residents from the area.  Removal
actions were originally limited to 6 months and a total cost of

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$1 million.  Exemptions to these limits could be granted if
continued Federal response was necessary to prevent,  limit, or
mitigate an emergency, if there was an immediate risk to public
health, welfare or the environment, and if such assistance was
not otherwise available on a timely basis.

    New Statutory Requirements

    The Superfund Amendments of 1986 raise the dollar amount
and time limitations on removal actions to $2 million and 12
months.  In addition, the law adds a fourth independent
condition under which EPA may waive these limitations.  A
removal action may continue beyond the $2 million/12 month
limits if it meets the three exemption requirements outlined
above or if it is consistent with the long-term remedial action
to be taken .at the site.

THE REMEDIAL PROGRAM

    A "remedial action" is a long-term remedy for a release or
threatened release of a hazardous substance at a hazardous
waste site.  Specific remedial actions may include the removal
of drums or soil containing wastes from the site; the
construction of a cap over the site; the construction of dikes
to control surface water; incineration of wastes; subsurface
cleanup of contamination; treatment of contaminated water or
provision of alternate water supplies; or the permanent
relocation of residents from the area.  Superfund-financed
remedial actions may be taken only at sites included on the
National Priorities List  (NPL), the Agency's list of the
Nation's most serious hazardous waste sites.  The Superfund
Amendments of 1986 provide new requirements for the remedial
program.

         Cleanup Standards

    The original Superfund law did not address cleanup
requirements but directed EPA to analyze  the cost-effectiveness
of the -remedial action  alternatives.  The revised National
Contingency Plan did establish a compliance with other
environmental statutes  policy and directed EPA to consider the
use of alternative technologies in choosing a remedial  action.
Under the new Superfund Amendments, EPA must continue to
consider the cost-effectiveness of the clean-up  alternatives  as
well as the following new statutory requirements:
                               -2-

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               Standards:  EPA is required to select remedies
               that meet standards under any Federal or State
               environmental law that apply to the hazardous
               substance being addressed or are relevant and
               appropriate under the circumstances.   These
               standards may be waived under certain limited
               conditions.

               Permanent Solutions:   EPA must select
               cost-effective remedial actions consistent with
               the National Contingency Plan (NCP).*  These
               actions must also, to the maximum extent
               practicable, be permanent solutions to protect
               human health and the  environment,  and use
               alternative  treatment or resource recovery
               technologies.

               Off-Site Actions;   All hazardous substances
               transported  from hazardous waste sites must be
               taken to a facility that is operating in
               compliance with the Resource Conservation and
               Recovery Act (RCRA),  the Toxic Substances Control
               Act (TSCA),  or other  applicable Federal and State
               laws.

          Mandatory Schedules

    The  Superfund Amendments establish goals for  the evaluation
 of  sites contained in CERCLIS (an inventory of potentially
 hazardous waste  sites),  as well  as  mandatory schedules  for
 beginning new  Remedial Investigations/Feasibility Studies
 (RI/FS)  and new  remedial actions for sites  on the National
 Priorities List  (NPL).   For  example,  EPA must start  Remedial
 Investigation/Feasibility  Study  work at 275 Superfund sites  by
 October  1989.  In addition, actual remedial  cleanup  activities
 must begin at  175  sites  by October  1989,  with an  additional  200
 remedial  cleanup activities  during  1990 and 1991.

          Health-Related Authorities

    These new  provisions significantly expand the health-
 related  authorities under  SARA to include a list  of  hazardous
 substances, toxicological  profiles,  health  effects  research  and
health assessments at  all  NPL sites.   The responsibility for
*   Officially known as the National Oil and Hazardous
Substances Pollution Contingency Plan, the NCP is the central
Superfund regulation and outlines the responsibilities and
authorities for responding to releases into the environment of
hazardous substances and other pollutants and contaminants
under the statutory authority of CERCLA and section 311 of the
Clean Water Act.
                               -3-

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conducting these tasks rests primarily with the Agency for
Toxic Substances and Disease Registry (ATSDR)  within the
Department of Health and Human Services (HHS),  in consultation
with EPA.  Specifically, these new provisions  include:

              List of Substances:  Within six  months of
              enactment, EPA and ATSDR must prepare a list of
              at least 100 hazardous substances, commonly found
              at NPL sites, posing the most significant threat
              to human health.

              Toxicological Profiles;  ATSDR must prepare
              toxicological profiles for each  of the listed
              substances according to a mandatory schedule.  A
              toxicological profile includes a summary of
              available information on the toxic effects to
              humans from exposure to a substance.

              Health Effects Research:  If ATSDR and EPA
              determine that adequate information is not
              available for any of the listed substances, ATSDR
              must undertake a research program, including
              laboratory studies, to determine the health
              effects of those substances.

              Health Assessments:  ATSDR must perform health
              assessments at every NPL site according to a
              mandatory schedule.  ATSDR,  in consultation with
              EPA, sets the priorities for health assessments
              at NPL sites based upon potential  risk  to human
              health, adequacy of existing data, and  EPA's NPL
              and RI/FS schedules.

    Citizens also may petition ATSDR  to perform  a health
    assessment  at any site based upon exposure  to the public
    and  environment from a release.  As a  result of  an
    assessment, followup activities may include  pilot health
    effects studies, full-scale  epidemiological  studies,
    development of a registry of exposed  persons  and health
    surveillance programs.  If the health assessment determines
    a significant risk  to  human  health, EPA is  required to act
    to reduce exposure  and mitigate  risk.

          State  Involvement

          SARA expands an already extensive State participation
    process.  Under the new law, States  are more formally
    involved in the initiation,  development and selection of
    remedial actions  .  State  involvement regulations will
    provide for a number of opportunities to  participate
    including:
                               -4-

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               Participation  in  pre-remedial  activities to
               assess  and  investigate  sites prior  to  listing on
               the  NPL

               Participation  in  identification of  and long-term
               planning  for all  remedial actions in a State

               Opportunity to  review and comment on planning
               documents, technical data, engineering designs or
               proposed  findings and decisions to waive
               requirements

               Opportunity to  participate in negotiations

               Notification of and opportunity for comment on
               the  proposed plan for remedial action

               Concurrence in  deleting sites from the NPL

    States are also more formally involved in the settlement
process.  If the State disagrees with EPA's settlement decision
not to require compliance with certain State standards, the
State may legally challenge EPA's decision.

ENFORCEMENT AND LEGAL ISSUES

    Enforcement is a major EPA activity under Superfund.   When
Congress passed the original Superfund law, it intended that
polluters who create environmental problems should correct them
whenever possible.   EPA can obtain cleanup action by taking the
potentially responsible parties 
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         Penalties:  The new law increases the criminal
         penalties for failure to provide notice of a hazardous
         waste  release and makes the submission of false or
         misleading information a criminal offense.

         Administrative Record;  The Superfund Amendments
         require EPA to establish an Administrative Record upon
         which  the selection of a response action will be
         based.  The record must be available to the public at
         or near the facility at issue.  EPA must promulgate
         regulations for public participation in the
         development of the Administrative Record for removal
         and remedial actions.

         Access and Information Gathering;  The new law
         strengthens EPA's ability to obtain access to sites to
         perform investigations and site cleanup.

    Federal Facilities

    The Superfund Amendments add a new section to CERCLA
dealing with hazardous substance releases at Federal
facilities.  This provision confirms CERCLA's applicability to
Federal agencies and requires Federal agency compliance with
CERCLA requirements.  The Amendments clearly define the process
Federal agencies must follow in undertaking remedial action,
including a requirement that EPA make the final selection of
the remedy if .there is a disagreement between the Federal
agency and EPA.  State and local officials also must be given
the opportunity to participate in the planning and selection of
any remedial action, including the review of all relevant
data.  States are given a formal opportunity to review remedies
to ensure that State standards are incorporated.  The
Amendments also set forth a schedule for response actions at
Federal facilities including a schedule for preliminary
assessments, listing on the National Priorities List, remedial
investigations/feasibility studies and remedial actions.

COMMUNITY RELATIONS

    The original Superfund law did not explicitly address the
issue of community involvement and public participation in the
Superfund program.  Agency policy, however, has established a
citizen participation program.  The Superfund Amendments
strengthen existing procedures for public participation.

    Public Participation Requirements

    The Amendments require EPA to:

         Publish a notice and brief analysis of the proposed
         remedial action plan and make the plan available to
         the public
                               -6-

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          Provide a reasonable opportunity for  submission  of'
          written and oral comments  and an opportunity  for a
          public meeting

          Keep a transcript of the public  meeting  and provide  it
          to the public

          Publish a notice of  the  final remedial action plan and
          make it available to the public  before the beginning
          of any remedial  action

          Prepare a response to each of the  significant
          comments,  criticisms and new  data  submitted on the
          proposed remedial action plan.


     Technical Assistance  Grants

     This  provision represents new program authority under
 SARA.   The  Superfund Amendments allow  EPA to make grants
 available to  communities  affected by a release or threatened
 release at  a  National Priorities  List  (NPL) site.  Community
 members may use these grants  to obtain assistance in-
 interpreting  technical  information  on  the nature of the hazard
 and  recommended alternatives  for  investigation and cleanup
 throughout  each stage of  the  Superfund process.  Grants are
 limited to  $50,000  per  site.   In  addition,  the grant recipient
 is required to  contribute  at  least  20  percent of the total  cost
 of the  expert  advice.

 OTHER ISSUES

     The Superfund Amendments  of 1986 mandate several ongoing
 program initiatives  that will  expand the  scope of cleanup
 operations  and  EPA's  planning  and response  authorities.

          Research  and Development (R&D) and Training

     The Amendments establish  a comprehensive Federal program
 for  research and development,  demonstration and training.   SARA
 promotes  the development of alternative and innovative
 treatment technologies  for  Superfund response and directs EPA
 to improve  capabilities for evaluating  human health effects
 from exposure to hazardous  substances.

The  provisions  represent new  and/or expanded authorities  for
training  and R&D not  found  in  the original  law.  While many
training  and R&D activities have  been  ongoing for the  past  five
years,   these new provisions clearly  increase and define the
scope of  future activities  and provide  new  research
authorities.
                               -7-

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         Emergency Planning/Community Riqht-To-Know

    Chemical release incidents such as Institute,  West Virginia
and Bhopal, India, heightened Congressional awareness of the
critical need for effective emergency planning.  EPA also has
recognized this need by establishing the Chemical  Emergency
Preparedness Program (CEPP).   These efforts are mandated in a
separate title of the CERCLA Reauthorization Amendments, known
as the Emergency Planning and Community Right-to-Know Act of
1986.  This title, Title III, includes provisions  related to
emergency planning, notification and reporting requirements.

    Emergency Preparedness

         Planning Entities:  States are required to establish
         State emergency response commissions, emergency
         planning districts and local emergency planning
         committees to coordinate and provide technical
         expertise in planning for responses to emergency
         releases of hazardous chemicals.

    -    List of Substances;   EPA must publish a list of
         extremely hazardous  substances and publish in
         regulation form a threshold planning quantity for each
         substance that if released at a facility would likely
         pose a hazardous substance emergency.  This list
         provides a focus for local emergency response plans.

         Facility Participation in Planning:  Facilities that
         produce, use or store extremely hazardous substances
         in excess of established thresholds must  notify the
         State emergency response commission that  they are
         subject to Title III planning requirements.  Such
         facilities must designate a facility emergency
         coordinator to work with and provide information to
         the local emergency planning committee.

         Comprehensive Emergency Response Plans;  Each local
         emergency planning committee must prepare an emergency
         plan within two years of enactment and review that
         plan at least once a year.

         Emergency Notification;  Facilities are required to
         provide immediate notice of the release of a hazardous
         substance to the local planning committee and the
         State commission.
                               -8-

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Right-to-Know

     Material Safety Data Sheets (MSDS);   Any facility
     which is required to prepare or have available an MSDS
     under Occupational Safety and Health Administration
     (OSHA) regulations must submit an MSDS or a  list  of
     MSDS chemicals to the appropriate local emergency
     planning committee,  State emergency  response
     commission and fire department.  The MSDS contains
     information on chemical name,  chemical characteristics
     and health hazards.

     Emergency and Hazardous Chemical Inventory Forms:   Any
     facility required to prepare or have available an MSDS
     under OSHA regulations shall also complete and submit
     annually to the appropriate emergency planning
     entities an inventory form.  This form contains
     information on the amount and general location of
     chemicals at the facility.

     Toxic Chemical Release Forms;   Any facility  which
     produces,  processes  or otherwise uses "toxic
     chemicals"  in amounts over  the published threshold
     quantity must submit a form to EPA and the designated
     State official describing all  releases that  occurred  -
     during the  year.  "Toxic chemicals" are the combined
     Maryland and New Jersey lists.
                          -9-

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                            Figure 1
             Comparison of the Original  Law to  SARA
ORIGINAL LAW

Removal Program

    Sets limits at 6 months
    and $1 million.

    Includes waiver to limits
    based upon three criteria,
    No provision.
         SARA

   Removal Program

    Raises limits to 1 year
    and $2 million.

    Adds additional  waiver
    criterion for
    consistency with long-
    term remedial action.

    Requires removals to
    contribute to the
    efficient performance
    of any long-term
    remedial action.
Remedial Program

    No mandatory schedules
    or goals.
    Requires the development
    and use of criteria and
    methods for determining extent
    of remedy.  Remedial actions
    must also be cost-effective
    and consistent with the National
    Contingency Plan (NCP).
Remedial Program        -

    Contains goals for pre-
    liminary assessments and
    site inspections and
    mandatory schedules for
    new RI/FS starts and
    new remedial action
    starts.

    Requires remedies to:
    - Be protective of
      human health and the
      environment
    - Be cost-effective
    - Attain applicable
      Federal and State
      standards
    - Utilize permanent
      solutions and
      alternative tech-
      nologies to the
      maximum extent
      practicable.
    Treatment which reduces
    the volume, mobility
    and toxicity of the
    waste is preferred.
                              -10-

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                          Figure  1  (page 2)
 ORIGINAL LAW
     Provides for ATSDR to
     establish disease registry,
     health effects literature
     inventory,  list of
     restricted  areas and to
     provide health screening  and
     medical care.
    Provides  for State  involvement
    in  response actions through
    cooperative agreements and
    contracts.
          SARA

     Requires  ATSDR  (with  EPA)
     to  prepare  list  of
     hazardous substances,  to
     prepare toxicological
     profiles, and to con-
     duct  health effects
     research  and health
     assessments.  A disease
     registry  may also be
     established.

     Requires  establishment
     of  formal State par-
     ticipation regulations
     providing for docu-
     ment  review and comment
     and participation in
     every phase of the
     program.
Enforcement Program

    No provision.

    No specific provisions in
    statute.   Settlements
    authorized under Agency
    policy.
    No  specific provisions in
    statute.   Review of  remedy
    decisions  has  been on the
    record.

    Authorizes  criminal
    penalties  for  failure to
    provide required notifi-
    cations .
Enforcement Program

    Authorizes citizen suits.

    Authorizes settlement
    agreements with PRPs and
    establishes procedures
    and tools for  reaching
    settlements.

    Establishes an admini-
    strative  record upon
    which  a response action
    will be based.

    Provides  civil  and
    increases criminal penal-
    ties for  these
    activities.
                             -11-

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                         Figure  1  (page 3)
ORIGINAL LAW

    Prohibits the use of Fund
    money for remedial action at
    Federal facilities:
        SARA

    Confirms  CERCLA's
    applicability to  Fed-
    eral agencies and
    requires  Federal  agency
    compliance  with CERCLA
    requirements.  Also
    prohibits use of  Fund
    money for remdial
    actions.
Community Relations

    No specific provisions
    in statute.  Community
    relations is authorized
    under Agency policy.
    Establishes public par-
    ticipation requirements
    and authorizes techni-
    cal assistance grants.
Research and Development and
Training

    No specific provisions in
    statute.
Research and Development Land
Training

    Establishes a comprehen-
    sive research, develop-
    ment and demonstration
    program for alternative
    technologies; training
    programs for hazardous
    substance response; and
    hazardous substance
    research.  •
Emergency Planning/Community
Riqht-to-Know

    No "specific  provisions
    in statute.   Emergency
    planning and preparedness
    activities are  authorized
    by the  NCP and  Agency
    policy.
Emergency Planning/Community
Riqht-to-Know

    Establishes a State and
    local planning structure,
    emergency notification
    and  reporting require-
    ments for facilities.
                               -12-

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                      BACKGROPNP  PAPFJ?

       SnPF.RFUND INNOVATIVE  TFCHNOLOGY  EVALUATION  PROGRAM


 INTRODUCTION

 The  Fnvironmental  Protection  Agency's  off ice.of Research and
 Development  fORD),  joining  with  the Office of  Solid Waste and
 Emergency  Response  (OSWFR), has  initiated the  S_uperfund ^Innovative
 Technology ^valuation  (SITE)  Program.  The SITF Program will help
 EPA  find,  test,  and encourage  the  use  of  new ways to destroy,
 stabilize  or otherwise  treat  hazardous wastes, rather than just
 burying  them  in  the ground.

 The  overall goal of the SITE  Program is to maximize the use of
 alternatives to  land disposal  and  containment  at  Superfund sites.
 To accomplish  this goal,  the  program will orovide reliable cost
 and  performance  information on technologies  that  offer an alternative
 to land  disposal.  This information will  be generated by conducting
 pilot-scale or  full-scale demonstrations  of alternative technologies
 at Superfund sites.

 BACKGROUND

 EPA's Superfund  program is designed to clean up hazardous w*ste
 sites around the country.   It  has  been underway for six years
 with action taken at over 450  Superfund sites  to  address long-tsr"
 problems created by hazardous  wastes.  wOre  t^an  half of these
 sites have involved burying the  hazardous wastes  in specially
 prepared landfills — a process  called land disposal.  While land
 disposal can be  a good way  to  handle wastes, in some instances it
 does not provide a permanent  solution  to  the problem.  The wastes
 in the landfill  may still be dangerous, and may potentially leak
 through  the confines of -the burial site.

 Recently,  members of the  scientific community, the public, and
 Congress expressed concern  that  it was time  to move away from
 reliance on land disposal for  handling hazardous  wastes.  These
 views are  reflected in the  Hazardous and  Solid Waste Amendments
of 1985  (HSWA) and the Superfund Amendments and Reauthorization
 Act of 1986 (SARA).  The  Agency  responded by altering certain
 policies and developing regulations regarding  hazardous waste
disposal in landfills and the  expanded use of  alternative tech-
 nologies.

 More specifically, the Land Disposal Restriction  provisions
of HSWA  stipulate that certain wastes  cannot be land disposed
 unless they meet specific concentration-based  treatment standards
 that represent best demonstrated available technology.  Similarly,
 the new  SARA sets a clear preference for  the use  of cost-effective


                                               DECEMPFR i,

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                               -2-


treatment remedies which permanently and significantly reduce
the toxicity, mobility or volume of wastes at ^uperfund site*;.
In addition to these provisions, SAPA directs EPA to carry out  a
program of research, evaluation, testing, development and demon-
stration of alternative or innovative technologies to achieve
more per-nanent protection of human health and welfare and the
environment.  These laws, regulations, and policies' clearly
provide the impetus toward the use of treatment alternatives for
the management of hazardous waste".  Technical and policy guidance
on the use and availability of alternative technologies in both
the Superfund removal and remedial programs is expected soon.

siTp PR'OGRAM PHASES

The four phases of the SITE Program listed below are being conducted
simultaneously.  They will be integrated so that information from
one phase can he used in another.  Fach phase is designed to meet
a particular objective of the SITE Program.  The SITE program
will be periodically reviewed to determine how information generated
from all phases may be used to encourage the selection of new
technologies at Suoerfund sites.

     o   Phase It  Identify and Remove Impediments

         Trained engineers, economists and policy analysfs will
         identify the obstacles to the orderly development and
         use of alternative technologies to manage hazardous
         wastes.  Resolving issues dealing with  permit requirements,
         treatment residue disposal,  liabilities, procurement
         requirements, and public  interest will  help  pave  the way
         to increased use of treatment alternatives.   Recommendations
         on how EPA can  remove or  limit obstacles to  the  use of
         alternative technologies will be complete by mid  l^S"'.

     o   Phase lit  Conduct a Demonstration  Program

         EPA will conduct a demonstration program for innovative
         technologies at selected  Super.fund  sites.   From  these
         demonstrations, EPA will  provide performance and cost
         information for the new  technologies.   This  information
         will help EPA decide when,  and  under  what  circumstances,
         to us« the technology  at  other  hazardous waste  sites.

         Th« demonstration progam  will  be  an ongoing  effort.
         EPA plans  to start several  demonstrations  as soon as
         possible to obtain information  on  the most advanced
         technologies.   Demonstrations  will  then occur on a
         yearly schedule.  An annual SITE  demonstration  plan will
         be published  for  public  comment and will discuss the
         proposed technologies  to  be demonstrated  and the Superfund
         sites  identified  for u
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                               -3-


     o   Phase  III;  Applications Analyses

         Applications analyses will he conducted for technoloates
         that warrant further investigation after completion of
         the demonstration.  Such analyses will examine the
         applicability of  the technology to other SUperfund sites
         and include factors such as cost, appropriate site
         conditions, efficiency characteristics, and waste types.
         Policies and procedures that need to be taken into account
         in applying promising new technologies to Superfund sites
         will be examined.

     o   Phase  IV;  Fmerginq Technologies Development

         ORD will establish a research program to continually
         evaluate and encourage the develooment of emerging
         alternative technologies through pilot testing to full
         scale demonstrations.  This phase will be initiated in
         the spring of 1987 and will be ongoing thereafter.

THE DFMQNSTRATION PHASE;  A SUMMARY

Phase II, the Demonstration Phase, will be the most publicly
visible of the four phases.  Actual work will begin at Superfund,
sites during the demonstration phase and new technologies will he
evaluated.   Key events in the demonstration nhase are summarized:

     o   Advertise in Commerce Business Daily

         A notice requesting proposals will be placed in the
         Commerce Business Daily (CBD) on or before January 15,
         1987,  and annually thereafter.  Developers of new and
         innovative technologies are asked to obtain from FPA the
         information necessary to submit proposals for demonstrating
         their technology.  Proposals submitted in response to the
         CRD announcement can be made through February.  Informa-
         tion about the Request for Proposals (RFP) can be obtained
         from Mr. Steve James (OPD) by calling 513-"569-7877
         (commercial) or 684-7877 ( FTS ) .
         In addition to choosing technologies based on the
         advertisement, EPA has set up a second mechanism whert
         innovative technologies may also be demonstrated as part
         of routine response actions.  Superfund or other cleanup
         sites on which FPA is planning to use treatment tech-
         nologies as part of the response action may be adapted
         for SITE demonstrations.

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                      -4-
Select Technologies

Potential new technologies will be carefully screened  by
OSWER and ORD.  The screening process will be competitive
and must be completed within 90 days of receiving the
completed application.  In selecting technologies to be
lemons tr=i ted , EPA must consider, at a minimum, the
following criteria:
  1.  The potential for contributing to solutions to
      waste problems which pose the greatest threat to
      human health, which cannot be adequately controlled
      under present technologies, or which otherwise pose
      significant management difficulties.

  2.  The availability of technologies which have been
      sufficiently developed for field demonstration and
      which are likely to be cost-effective and reliable.

  3.  The availability and suitability of sites for demon-
      strating such technologies, and the capability to
      conduct demonstration projects in such a manner as
      to assure the protection of human health and the
      environment.

  4.-  The likelihood that the data to be generated ^com
      the demonstration project at the site will be
      applicable to other sites.

Match Technologies to Sites

Many of the new technologies may only be suited for
specific kinds of wastes at a specific site.  Using the
expertise and knowledge in EPA Headquarters, laboratories,
and the EPA Regions, technologies will be matched with
wastes at available Superfund sites.  The new Superfund
law requires EPA to conduct a minimum of ten technology
demonstrations each year,  while most demonstrations
will take place at Superfund sites, some technologies
may be tested at commercial hazardous waste sites or  at
special test and evaluation facilities operated by EP*
or the developer.  Factors such as risk, public  interest,
expense, disposal of residues and  involvement of
potentially responsible parties will be considered when
matching sites and wastes with  technologies.

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                       -5-


 Develop Annual  SITE Demonstration  Plan

 The annual  SITE demonstration  plan will  discuss
 technology  demonstration  projects  planned,  how and when
 the projects  will  be carried out,  the  tentative  sites
 selected,  the resource  requirements  for  conducting the
 demonstrations, and the means  for  public involvement
 and input.  This plan will  be  published  for public
 review and  comment.

 Implement Site-Specific Community  Delations Programs

 Once  a site and technology  have  been tentatively
 selected, EPA will  develop  and implement a  community
 relations plan  to  seek  the  ideas and suggestions of
 local  residents.   In accordance  with the plan, EPA will
 introduce the community to  the SITE  Program and  its role
 at  their local  site,  and  will  provide  information on the
 specific technologies.  Public comment will he sought
 throughout  the  demonstration project and community
 relations activities  will continue for the  duration of
 the demonstration.

 Conduct Demonstration

 After  reviewing  and  incorporating  comments  on the SIT?
 demonstration plan,  EPA will enter into  a contract,
 letter agreement, or  cooperative agreement  with  the
 developer of  the technology.  The  demonstration will
 begin  and probably  last several  months,  depending upon
 the time required to  gather information  on  the effective-
 ness and reliability  of the technology.   The developer
 will provide  the equipment and be  responsible for set-up
 and operation at the  demonstration site.  The technology
 will treat  Superfund  wastes during the test, but since
 it  is only  a demonstration, it will not  be  expected to
 clean  up all of  the  wastes at the  Superfund  site.  If
 necessary,   another  standard technology will  be used to
 handle th«  remaining  wastes.  EPA's role will be to ensure
credible results by  providing the  testing protocols *nd
procedures  and  preparing  the analytical  and  quality
assurance/quality control work plans so  the performance
data can be consistently and accurately  interpreted.

Complete Evaluajtigri_and Distribute Information

At the close of each  demonstration, EPA  will evaluate
 the results of  all  tests.  If the  results are positive,
 the technology  could  be applied  at other similar Superfund
sites.  J?PA will modify Agency policies  and  procedures
 to encourage  the use  of these and  other  alternative
 technologies.

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                               -6-


         EPA will make available the results of the evaluation
         of each new  technology to the hazardous waste cleanup
         industry, regulatory agencies and the public.  The
         Agency is developing a technology transfer program to
         ensure the distribution of accurate information as
         quickly as possible.                       ^

THE PROGRAM TO DATE

The Superfund reauthorization calls for a minimum of ten field
demonstrations per year through 1991.  Congress authorized ?20
million per year for  the demonstration program, including demon-
strations of innovative monitoring equipment.  The alternative
technology demonstration program is limited to ?10 million per
year/ with a $3 million cap  for a single demonstration.

In anticipation of rsauthorization, EPA began setting up the SITE
Program in 1936.  In  March of 1986, the first notice requesting
proposals was placed  in the  Commerce Business Daily.  In response
to RFP SITE-001, twenty proposals were received representing the -
following technologies:

           10 Incineration/Thermal
            3 Biological Treatment
            2 Containerization
            1 Solidification/Stabilization
            1 In-Situ Vapor  Extraction
            1 Chemical Detoxification
            1 Robotics
            1 Vapor Condensation

The proposals were evaluated and ranked according to the specified
criteria.  In addition, EPA  identified several potential demon-
strations through the second mechanism — routine response actions,
A listing of firms, tentative sites (where determined), and a-
brief description of  the technologies which are potentially
proposed for demonstration during 1937 is attached.

      CONTACTS
            OSWERt    Don Vihite  202-475-8600  (commercial) or
                      475-8600  (FTS)
                      For information on Superfund wastes and
                      sites and  other general  information.
            ORD;      Ron Hill  513-569-7861  (commercial) or
               !       684-7861  (FTS) or Steve  James
                      513-569-7877  (commercial) or G84-7877  (FTS)
                      For information related  to applications
                      of treatment  technologies, the Commerce
                      Business  Daily announcement, and the
                      Request for Proposals.

            Superfund/RCRA Hotline   800-424-9346
                                     202-382-3000

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            SUPSSFUND INNOVATIVE TECHNOLOGY RVALLJATIOM (SITE) PROGRAM:
             PROPOSED DEMONSTRATION PROJECTS AS OF ^VETOER ?5,
Main Track fCRD)

    Developer

Waste-Tech Services, Inc.
18400 west 10th Avenue
Golden, Colorado 80401
Contacts Eliot Cooper
         303-279-9712

Advanced Combustion
  Technologies Inc.
P.O. Box 940498
Atlanta, Georgia 30340
Contact:  Thomas McGowan
          404-662-5360

Shirco Infrared Systems, Inc.
1195 Empire Central
Dallas, Texas 75247
Contact: Scott Berdine
         214-630-7511

Hazcon, Inc.
P.O. Box 947
Katy, Texas 77492
Contact: Ray Funderburk
         713-3^1-1085

Westinghouse Electric Corp.
Waste Technology Services
  Division
P.O. Box 286
Madison, Pennsylvania 15663
Contact: Carei« Psraian
         412-722-5701

Contact: William Fssd
         412-722-5303
    Technology
"" Tentative
 Location of
Demonstration
Mobile thermal combustor-    Ccors Company
  fluidized bed              Golden, Colorado
Pure oxygen burner
Electric infrared
  incinerator
Solidification/
  stabilization process
    ORD Test
and Evaluation
Facility
 To be determined
 To be determined
(1) Pyroplasm system
    Electric pyrolyzer
    be determined
 To be determined
Terra Vac, Inc.
P.O. Box 550
Dorado, Puerto Rico 00646
Contact: Jamas Malot
         809-723-9171
In-situ vacuum extraction     To be determined

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Through Responaa Actions

    Developer

New York State Department
  of-Environmental
  Conservation
(Plasma Systems, Inc.)
50 Wblf Road
Albany, New York  12233
Contact: Norman Nosenchuck
         518-262-1338

GA Technologies, Inc.
P.O. Box 85608
San Diego, California 92138
Contact:  Harold Diot
          619-455-2383
    Technology

Plasma pyrolysis thermal
unit
Circulating bed conbustoc
   Tentative
  Location  of
 Demonstration

 Hove Canal
J-liagara Falls,
              >few
 GA Technologies'
 facility; test on
 waste from McColl,
 Fullerton, CA
 (remedial action)
Resources Conservation
  Company
3101 M.S. Northup Way
Bellevue, Washington 98004
Contact:  Paul McGough
          206-828-2455

General Electric
One River Road
Schenectady,  New York  12345
Contact:  John Harrsen
          518-385-0045
       and
International ofcste
  Technologies
807 ^rth Waco, Suite  31
Wichita, Kansas 67203
Contact: Jeff Newton
          316-262-1338
Basic Extraction Sludge
Treatment (BEST): solvent
extraction technology
 In-situ solidification/
 fixation  process
General Refinery, Inc.
Savannah, Georg-ia
(rewoval action)
General Electric
Haileah, Florida

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                        GLOSSARY OF TERMS AND ACRONYMS USED


AA (Assistant Administrator): Assistant Administrator for the Office of Solid Waste and Emergency
Response (OSWER).

ANPRM (Advance Notice of Proposed Rulemaking): An announcement appearing in the Federaj
Register that notifies the public of EPA's intent to publish a specific proposed rule.

AOC (Administrative Order of Consent):  An agreement reached between EPA and a potentially
responsible party that is used to agree on the roles, responsibilities, and payment for conducting
removal and RI/FS actions.

AOC (Area of contamination): A continuous (significant) extent of contamination at  a Superfund site.
For the purposes of ARARs, is used as the equivalent of a RCRA land-based unit to determine
whether disposal occurs.

ARARS (Applicable or Relevant and Appropriate Requirements): Those cleanup standards, standards
of control, and other substantive environmental protection requirements, criteria, or limitations
promulgated under Federal or State law that specifically address a hazardous substance, pollutant,
contaminant, remedial action, location, or other circumstance at a CERCLA site, or that address
problems or situations sufficiently similar to those encountered at the CERCLA site that their use is
well-suited to the particular site.

ARCS (Alternative Remedial Contracts Strategy): A contracting initiative intended to  promote the
continuity of contractor performance from RI/FS to construction management (or remedial action),
increase the level of competition for contract awards, and facilitate the delegation of contract
management to the Regions.

ATS (Action Tracking System): A data base that tracks the development of major regulations,
guidance, and policy for all EPA programs.

ATSDR (Agency for Toxic Substances & Disease Registry): An Agency within the Department of
Health and Human Services that conducts health assessments at Superfund sites.

CA (Cooperative Agreement): A Federal assistance agreement with States and/or its political
subdivisions to transfer Federal funds and/or responsibilities.  Cooperative agreements are required
for State-lead, fund-financed Superfund actions.

CDC (Centers for Disease Control):  An operating health agency within the Public Health Service of
the U.S. Department of Health and Human Services that develops and implements programs to deal
with environmental health problems, including responding to environmental, chemical, and radiation
emergencies.

CEPP (Chemical Emergency Preparedness Program): As part of EPA's Air Toxics Strategy, provides
guidance, training, and technical assistance to States and  local communities to help them in
preparing for and responding to chemical accidents.

CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act): A Federal  law
passed in 1980 and modified in 1986 by the Superfund Amendments and Reauthorization Act
(SARA). The Acts created a special tax that goes into a Trust Fund, commonly known as Superfund,
                                            G-1

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to investigate and clean up abandoned or uncontrolled hazardous waste sites.  Under the program,
EPA can either: (1) Pay for site cleanup when parties responsible for the contamination cannot be
located or are unwilling or unable to perform the work; or (2) Take legal action to force parties
responsible for site contamination to clean up the site or pay back the Federal government for the
cost of the cleanup.

CERCLJS (Comprehensive Environmental Response, Compensation, and Liability Information System):
EPA's  comprehensive data base  and management system that inventories and tracks releases
addressed or needing to be addressed by the Superfund program.

CFR (Code of Federal Regulations): All Federal regulations in force are published annually in codified
form in the Code of Federal Regulations.  The NCP is found at 40 CFR Part 300.

CLP (Contract Lab Program): Laboratories under contract to EPA that analyze soil, water, and waste
samples taken from areas at or near Superfund sites.

CMS (Case Management System): A data base that contains general information on all enforcement
activities, with information on cost recovery and settlements.

CMS (Corrective Measures Study): The portion  of a RCRA corrective action that is generally
equivalent to an FS taken under Superfund.

COE (U.S. Army Corps of Engineers): A branch  of the U.S. Department of Defense that has
specialized equipment and personnel for maintaining navigation channels for removing navigation
obstruction, for accomplishing structural repairs,  and for performing maintenance to hydropower
electric generating equipment The Corps can also provide design services,  perform construction,
and provide contract writing and contract administrative services for other Federal agencies, such as
EPA for Superfund actions.

Cost-Effective Alternative: The cleanup alternative selected for a site on the National Priorities List
(NPL)  based on protectiveness, technical feasibility, permanence, reliability, and cost. The selected
alternative does not  require EPA to choose the least expensive alternative. It requires that if there are
several cleanup alternatives available that deal effectively with the problems at a site, EPA must
choose the  remedy on the basis of the criteria mentioned above.

CRP (Community Relations Plan):  A plan that is prepared at the start of most Superfund response
activities to  direct activities that will allow the community affected by the site  to be kept informed of
EPA, State, and PRP activities.

CWA  (Clean Water Act):  A statute under which EPA promulgates Water Quality Criteria and
administers the  National Pollutant Discharge Elimination System  (NPDES) permit program, as well as
 regulates discharges to or dredging  of wetlands.

 DoD (Department of Defense):  A  Federal department that operates many military facilities that are
 potentially subject to CERCLA actions.

 DOE  (Department of Energy): A Federal department that operates many nuclear weapons and
 research facilities that are potentially subject to CERCLA actions.

 DO! (Department of the Interior):  A Federal department that is responsible for Federal lands on which
 Superfund sites may be located.
                                              G-2

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DOJ (Department of Justice): A federal department that is responsible for bringing legal actions to
court on behalf of EPA against potentially responsible parties.

DQO (Data Quality Objectives):  Qualitative and quantitative statements that are developed before
sampling begins to allow EPA to identify the quality of data that must be collected during Superfund
actions.

EA (Endangerment Assessment): A study conducted as a supplement to a remedial investigation to
determine the nature and extent of contamination at a Superfund site and the risks posed to public
health and/or the environment.  EPA or State agencies conduct the study when legal action is
pending to require potentially responsible parties to perform or pay for the site cleanup.

EE/CA (Engineering Evaluation/Cost Analysis): Performed to evaluate alternate removal actions or
expedited response  actions (ERAs) in terms of their effectiveness,  implementability, and cost.

EERU (Environmental Emergency Response Unit): Provides emergency response support to
hazardous waste sites or spills posing an immediate threat

ERA (Expedited Response Actions): Actions taken by the remedial program using removal program
contract authorities.  ERA'S generally require an EE/CA and are designed to remove immediate
threats discovered during a remedial investigation.

ERGS (Emergency Response Cleanup Services): Together with TAT and EERU, these contracts
provide  the technical assistance and cleanup service that EPA needs to implement an effective
removal program.

ERD (Emergency Response Division): Under the supervision of a Director, who reports to the Director
of the Office of  Emergency and Remedial Response (OERR), ERD  is made up of three subordinate
units: Response Operations Branch, Response Standards and Criteria Branch, and Environmental
Response Team (ERT).

ERNS (Emergency Response Notification System): A central data base that provides EPA with  a more
comprehensive  perspective on release notifications nationwide because it includes, in addition to the
National Response Center  (NRC) reports,  notifications of releases reported directly to EPA Regional
offices and to the U.S. Coast Guard district offices.

ERT (Environmental  Response Team):  EPA hazardous waste experts who provide 24-hour technical
assistance to EPA Regional offices and States during all types of emergencies involving releases  at
hazardous waste sites and spills of hazardous substances.  ERT also provides  hazardous site
response training for all EPA employees.

ESAT (Environmental Services Assistance Teams): Contractor teams that provide laboratory,
analytical, and review services to all areas of the Superfund program.

ESD (Environmental Services Division):  Regional divisions that often provide data validation and
qualify assurance/quality control functions.

FIT (Field Investigation Team): Contracts that provide support for pre-remedial activities, often by
conducting PAs and Sis.
                                             G-3

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FR (Federal Register): Each Federal working day, the Government Printing Office publishes current
Presidential proclamations and Executive Orders, Federal agency regulations having general
applicability and legal effect, proposed agency rules, and documents that are required by statute to
be published in the Federal Register.

FS (Feasibility Study): A study undertaken by the lead agency to develop and evaluate options for
remedial action.  The feasibility study emphasizes data analysis, implementability of alternatives, and
cost analyses, as well as compliance with mandates to protect human health and the environment
and attain regulatory standards of other laws.  The FS is generally performed concurrently and in an
Interactive fashion with the remedial investigation, using data gathered during the remedial
investigation.

FTE (Fulltime Equivalent):  Represents the level of effort or labor for one person for one year.

FY (Fiscal Year): For the U.S. government, begins on  October 1 and ends on September 30.  For
example, FY88 began on October 1, 1988 and ended on September 30, 1989.

GAD (Grants Administration Division): Made  up of the following four branches: Grants Operations
Branch; Grants Information and Analysis  Branch, which handles Interagency Agreements and the
Asbestos-in-SchooIs Grants; Compliance Branch, which manages environmental and suspension
activities for both grants and contracts; and  Grants Policies and Procedures Branch, which oversees
the regulations, policies, and procedures for EPA assistance agreements.

GOB (Grants Operations Branch): As part of the Grants Administration Division, awards EPA
Headquarters grants and research and development grants to the public.

HRS (Hazard Ranking System): A scoring system used to evaluate potential relative risks to public
health and the environment from releases or threatened releases of hazardous substances. EPA and
States use the HRS to calculate a site score, from 0 to 100, based on the actual or potential threat of
a release of hazardous substances to air, surface water, or groundwater.  This score is the primary
factor used to decide if a  hazardous waste site should be placed on the National Priorities List (NPL).

HSCD  (Hazardous Site Control Division): Under the supervision  of a Director, who reports to the
Director of the Office of Emergency and  Remedial Response (OERR), HSCD is made up of five
subordinate units: Remedial Planning Staff, Site Policy and Guidance Branch, Remedial Planning and
Response Branch, Design and Construction Management Branch, and State and Local Coordination
Branch.  This  Division also includes the Fund-lead Regional Coordinators.

HSED (Hazardous Site Evaluation Division):  Under the supervision of a Director, who reports to the
Director of the Office of Emergency  and  Remedial Response (OERR), HSED is made up of four
subordinate units: Site Assessment Branch,  Analytical Operations Branch, Hazard Ranking  and Listing
Branch, and Toxfcs Integration Branch.

HSWA (Hazardous and Solid Waste Amendments):  Amendments to the Resource Conservation and
Recovery Act (RCRA) that Congress passed in 1984.  HSWA  added the land disposal restrictions,
minimum technology requirements, and expanded corrective action authorities to the RCRA statute.

Hazardous Substance: Section 101(14)  of CERCLA, as amended, defines "hazardous substance"
chiefly by reference to other environmental statutes, such as the Solid Waste Disposal Act, Federal
Water Pollution Control Act, Clean Air Act, and Toxic Substances Control Act.  The term excludes
petroleum, crude oil or any fraction thereof,  natural gas, natural gas liquids, or synthetic gas usable
                                             G-4

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 for fuel.  Under the Act, OERR also may include other substances that it specifically designates as
 •hazardous."

 IAG (Interagency Agreement): A comprehensive document that addresses all hazardous waste
 activities that will be conducted at a Federal facility or with another Federal Agency (e.g., Corps of
 Engineers),  from the RI/FS through the implementation of the remedial action.  An IAG formalizes the
 procedure and timing for submittal and review of documents and establishes a mechanism to resolve
 disputes.

 IG (Office of the Inspector General):  Responsible for overseeing the implementation by EPA of Federal
 environmental legislation; conducting internal management audits, financial management and  indirect
 costs audits, and operation and maintenance audits of EPA programs and operations; overseeing the
 accounting systems and procedures of EPA contractors and subcontractors; and conducting  criminal
 investigations of EPA personnel, contractors, and subcontractors.

 LDRs (Land Disposal  Restrictions):  A RCRA program that restricts the land disposal of RCRA
 hazardous wastes and requires treatment to promulgated treatment standards.  The LDRs may be an
 important ARAR for Superfund  actions.

 LIRA (Long Term Response Actions):  Actions such as ground-water pump and treat operations that
 require extensive timeframes to achieve remedial cleanup objectives.

 MCLs (Maximum Contaminant Levels): Under the Safe Drinking Water Act, the maximum permissible
 level of a  contaminant in water that is delivered to any user of a public water system that serves 15
 or more connections and 25 or more people.   The standards set as MCLs take into account the  •
 feasibility and cost of attaining the standard.

 MCLG (Maximum Contaminant Level Goals):  A non-enforceable goal established under the Safe
 Drinking Water Act for drinking water that considers only health-based factors.

 MOU (Memorandum of Understanding): A statement agreed to by two or more parties that recognizes
 the interrelationship of their functions and specifies appropriate interactions between or among the
 parties.

 NAAQS (National Ambient Air Quality Standards):  Standards established under the Clean Air Act that
 regulate the ambient air quality for six priority  pollutants.  These may be potential ARARs for
 Superfund sites.

 NCR (National Oil and Hazardous Substances  Pollution Contingency Plan): The Federal regulation (40
 CFR 300)  that guides the Superfund  program.  The revised NCP was newly signed on February 2,
 1990.

 NESHAPS (National Emission Standards for Hazardous Air Pollutants): Standards set under the
 Clean Air Act that regulate the release of hazardous substances from specific sources.  These
 standards may be ARARs for Superfund actions.

 NOAA (National Oceanic and Atmospheric Administration): A Federal administration that may provide
 assistance on coastal zone or atmospheric issues.

 NPL (National Priorities List): EPA's list of the most serious uncontrolled or abandoned hazardous
waste sites identified for possible long-term remedial  response using money from the Trust Fund.
                                            G-5

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The list fs based primarily on the score a site receives on the Hazard Ranking System (MRS).  EPA is
required to update the NPL at least once a year.

NPRM (Notice of Proposed Rulemaking): A document published in the Federal Register that sets
forth proposed regulatory language, provides notice of issues to be commented on, and presents
other supplementary and background information about the rulemaking.

NRG  (National Response Center): The center operated by the U.S. Coast Guard that receives and
evaluates reports of oil and hazardous substance releases into the environment and notifies the
appropriate agency(s).  The NRC can be contacted 24-hours a day, toll-free at (800) 424-8802..

NRT  (National Response Team): Representatives of 12 Federal agencies that coordinate Federal
responses to nationally significant pollution incidents and provide advice and technical assistance to
the responding agency(s).

NSF  (National Strike Force): Consists of the Strike  Teams established by the U.S. Coast Guard on
the Pacific and Gulf Coasts. These teams can provide a variety of response support services
including communications, technical advice and assistance, specialized equipment, training, and
contingency planning.

OECM (Office of Enforcement and Compliance Monitoring):  Coordinates civil and criminal
enforcement actions with the U.S. Department of Justice and provides Superfund enforcement support
through the activities of  the National Enforcement Investigation Center (NEIC).  The. NEIC performs
special environmental monitoring work, evidence audit control processes to ensure proper chain-of-
custody  procedures, cleanup of Federal facility sites, and nonbinding preliminary allocations of
responsibility (NBARs).

OERR (Office of Emergency and Remedial Response):  Under the supervision of a Director, is
responsible to the Assistant Administrator for the emergency and remedial response functions of the
Office of Solid Waste and  Emergency Response (OSWER). The Director is responsible for developing
national  strategy, programs, technical policies, regulations, and guidelines for the control of
abandoned hazardous waste sites and response to and prevention of oil and hazardous substance
spills.                                                                        ,,  '

OHMTADS (Oil arid Hazardous Material Technical  Assistance Data System): An automated ,
Informational repository  data base containing 126 fields  of information on physical, chemical,
biological, toxicological,  and commercial data on approximately 1,400 oil and hazardous materials that
are potentially harmful to human health and welfare and/or the environment.

 O&M (Operation and Maintenance): Activities conducted at a site, generally by States, after a
 response action occurs to ensure that the cleanup or containment system is .functioning properly.

 OPM (Office of Program Management): Under the supervision  of a Director, who reports to the
 Director of the Office of Emergency and Remedial Response (OERR), OPM is made up of three
 subordinate units: Policy and Analysis Staff, Management and Evaluation Staff, and Resources
 Management Staff.

 OSC (On-Scene Coordinator): The Federal official  who coordinates and directs superfund removal
 actions.
                                              G-6

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 OSW (Office of Solid Waste): As part of the Office of Solid Waste and Emergency Response
 (OSWER), is responsible for managing and implementing the RCRA program.

 OSWER (Office of Solid Waste and Emergency Response): Provides policy, guidance, and direction
 for EPA's hazardous waste and emergency response programs.  The functions of these programs
 include the development and enforcement of policies, standards, and regulations for solid and
 hazardous waste treatment, storage, and disposal; national management of Superfund; and the
 development of guidelines for the Emergency Preparedness, 'Community Right-to-Know,' and
 Underground Storage Tank programs.

 OU  (Operable Unit): An action taken as one part of an overall site cleanup. For example, a carbon
 adsorption system could be installed to haft rapidly spreading groundwater contaminants while a
 more comprehensive and long-term remedial investigation/feasibility study (RI/FS) to investigate soil
 contamination is underway. A number of operable units can be used in the course of a site cleanup.

 OWPE (Office of Waste Programs Enforcement): As part of the Office of Solid Waste and Emergency
 Response (OSWER), provides enforcement policy and support for the Superfund and RCRA
 programs.

 PA (Preliminary Assessment): The process of collecting and reviewing available information about a
 known or suspected hazardous waste site or release. EPA or States use this information to
 determine if the site requires further study. If further study is  needed, a Site Inspection (SI) is
 undertaken.

 PIAT (Public Information Assist Team): A U.S. Coast Guard  organization available through the  NRC to
 assist OSCs and Regional offices in meeting demands for public information and participation.

 PRP (Potentially Responsible Party): Any individual or company (such as an owner, operator,
 transporter,  or generator) potentially responsible for, or contributing to, the contamination problems at
 a Superfund site.  Whenever possible, EPA requires PRPs, through administrative and legal actions,
 to clean up sites contaminated by hazardous substances.

 QA/QC (Quality Assurance/Quality Control): A system of procedures, checks, audits, and corrective
 actions used to ensure that field work and laboratory analysis during the investigation and cleanup of
 Superfund sites meet established standards.

 RA (Remedial Action): The actual construction or implementation phase  that follows the remedial
 design of the selected cleanup alternative at a site on the National Priorities List (NPL).

 RAC (Response Action Contractor): Any person who  agrees, by contract, to provide a removal or
 remedial action at a facility listed on the NPL, or to provide evaluation, planning, engineering,
'surveying and mapping, design, construction, equipment, or any ancillary services related to a
 removal or remedial action.

 RAS (Routine Analytical Services): RAS are routine laboratory analyses of samples by contract labs
 as part of the Contract Lab Program (CLP).  RAS activities are managed by the Analytical Operations
 Branch of the Hazardous Site Evaluation Division (HSED), Office of Emergency and Remedial
 Response (OERR).

 RC (Remedial Construction): The  actual construction that occurs during the remedial action (RA)
 phase at a site on the National Priorities List (NPL).
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RCMS (Removal Cost Management System): Ah automated system used to track removal costs and
produce management reports on site costs and utilization of personnel, equipment, and materials.
RCMS can also be used to project the cost of a removal action and to assist the OSC in rapidly
reviewing contractor invoices.

RCRA (Resource Conservation and Recovery Act of 1976): A Federal law that established a structure
to track and regulate hazardous wastes from the time of generation to disposal. The law requires
safe and secure procedures to be used in treating, transporting, storing, and disposing of hazardous
substances.  RCRA is designed to prevent new, uncontrolled hazardous waste sites.  The law also
regulates the disposal of solid waste that may not be considered hazardous.

RD (Remedial Design): An engineering phase that follows the Record of Decision (ROD) when
technical drawings and specifications are developed for the subsequent remedial action (RA) at a site
on the National Priorities List (NPL).

REM (Remedial Planning):  A type of contract that is awarded on an east-west zone basis and used
to promote the continuity of contractor performance from RI/FS to construction management (or
remedial action), increase the level of competition  for contract awards, and facilitate the delegation of
contract management to the Regions.  The ARCS  contracts will replace the REM contracts.

RFA (RCRA Facility Assessment): The first step in the RCRA corrective action process, generally
equivalent to a PA/SI taken in Superfund.

RFI (RCRA Facility Investigation): The second step of a RCRA corrective action, generally equivalent
to the Rl portion of the Superfund process.

Rl (Remedial Investigation): A process undertaken by the lead agency to determine the nature and
extent of the problem presented by the release. The remedial investigation emphasizes data
collection and site characterization, and  is generally performed concurrently and in an interactive
fashion with the feasibility study  (FS).  The remedial investigation includes sampling and monitoring,
as necessary, and includes the gathering of sufficient informafon to determine the necessity for
remedial action (RA) and to support the evaluation of remedial alternatives.

RI/FS (Remedial Investigation/Feasibility Study): Two distinct but related studies.  They are usually
performed at the same time, and together referred to as the -RI/FS.' They are  intended to (1) Gather
the data necessary to determine the type and extent of contamination at a  Superfund site; (2)
Establish criteria for cleaning up the site; (3) Identify and screen cleanup alternatives for remedial
actfon; and (4) Analyze in detail the technology and costs of the alternatives.

 ROD (Record of Decision): A legal document that explains which cleanup altemative(s) will be used
to cleanup Superfund remedial sites. The Record of Decision is based on  information and technical
 analysis generated during the remedial investigation/feasibility study (RI/FS) and consideration of
 public comments and community concerns.

 RP (Responsible Party): A party that admits to or that EPA or the DOJ prove was responsible for
 contamination at a Superfund site.

 RPM (Remedial Project Manager): The official  designated by the lead agency to coordinate, monitor,
 or direct remedial or other response activities.
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 RQs (Reportable Quantities): Established under CERCLA section 102 as triggers for notification of the
 Federal government when hazardous substances are released.  The release of a hazardous
 substance that equals or exceeds its RQ must be reported immediately to the National Response
 Center (NRC).

 RRC (Regional Response Center): Provides facilities and personnel for communications, information
 storage, and other requirements for coordinating response.

 RRT (Regional Response Team): Representatives of Federal, State, and local agencies who may
 assist in coordination of activities at the request of the On-Scene Coordinator (OSC) or Remedial
 Project Manager (RPM) before and during response actions.

 RS (Responsiveness Summary): A summary of oral and/or written public comments received by EPA
 during a comment period on key EPA documents, and EPA's responses to those comments.  The
 responsiveness summary is especially valuable during the Record of Decision (ROD) phase at a site
 on the National Priorities List (NPL) when it highlights community concerns for EPA decision makers.

 RTS  (Removal Tracking System): Provides a comprehensive removal data base that includes start
 date, location, lead agency, and NPL status.

 Remedial  Response:  A long-term action that stops or substantially reduces a release or threatened
 release of hazardous substances that is serious,  and poses an immediate or future threat to public
 health and/or the environment.

 Removal Action:  An immediate action taken over the short-term to address a release or threatened
 release of hazardous substances.

 Response Action: A CERCLA-authorized action at a Superfund site involving either a short-term
 removal action or a long-term remedial response that may include, but is not limited to, the following
 activities: (1) Removing hazardous materials from a site to an EPA approved, licensed hazardous
 waste facility for treatment, containment, or destruction; (2)  Containing the waste safely on-site to
 eliminate further problems; (3) Destroying or treating the  waste on-site using incineration or other
 technologies; and (4) Identifying and removing the source of groundwater contamination and halting
 further movement of the contaminants.

 Risk Assessment: An evaluation performed as part of the remedial investigation to assess conditions
 at a Superfund site and determine the baseline risks posed to public health and/or the environment.

 SARA (Superfund Amendments and Reauthorization Act): Modifications to CERCLA enacted on
 October 17, 1986.

 SAS (Special Analytical Services): Provide special laboratory analyses of samples as part of the
 Contract Lab  Program (CLP). SAS activities are managed by the Analytical  Operations Branch of the
 Hazardous Site Evaluation Division (HSED), Office of Emergency and Remedial Response (OERR),
which surveys labs, evaluates bids, and selects labs.

SCAP (Superfund Comprehensive Accomplishments Plan): The planning mechanism that provides
data on all response activities and drives the allocation of resources for remedial activities.  With the
incorporation of SCAP into the CERCUS management system, the Regions become responsible for
the planning and reporting that determine the adequacy of  budgetary allotments and how Regional
accomplishments are reported.
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SERA (Superfund Emergency Response Actions): A three-volume compilation of Fund-financed
removal descriptions that ERD updates annually.  Each description provides basic facts about the
sfte, the nature of the problem, and mitigative actions taken.

SI (Site Inspection): A technical phase that follows a Preliminary Assessment (PA), designed to collect
more extensive information on a hazardous waste site.  The information is used to score the site with
the Hazard Ranking System (HRS) to determine whether response action is needed.

SITE (Superfund Innovative Technology Evaluation): A program intended to accelerate the
development, demonstration, and use of new or innovative treatment technologies and to demonstrate
and evaluate new, innovative measurement and monitoring technologies.

SMCRA (Surface Mining Control and Reclamation Act): An act that controls and regulates the
reclamation of coal and other ore mining areas.

SMOA (Superfund Memorandum of Agreement): A voluntary, non-binding agreement executed by an
EPA Regional Administrator and the head of a State agency establishing the nature and extent of
EPA and State interaction during the pre-remedial, remedial,  and enforcement response process.

SNIP  (Site Management Plan): A site-specific schedule or action plan, usually prepared by the
Remedial Project Manager (RPM)

SOW (Statement of Work):  A document that specifies the scope of work and procedures that will be
used to undertake a discrete step of a Superfund investigation or action.

SPCC (Spill Prevention Control and Countermeasure): A program that establishes procedures to
prevent discharges of oil from non-transportation-related facilities into or upon the waters of the
United States or adjoining shorelines.

SPMS  (Strategic Planning and Management System): An accountability system used in conjunction
with SCAP to identify projects that could slip or issues that could affect project schedules, such as
State cost assurances, site access, disposal capacity, or property acquisition.

SSC (Scientific Support Coordinator): Available at the request of the OSC to assist with responses to
 releases of hazardous substances, pollutants, or contaminants.  The SSC also provides scientific
support for the development of Regional and local contingency plans,

 SSC (Superfund State Contract):  A  contract signed between EPA and the State that provides a legal
 obligation for the State to meet the assurances that are specified in Section 104 of CERCLA.

 Superfund: The common name used for the Comprehensive Environmental Response, Compensation,
 and Liability Act (CERCLA),  also referred to as the Trust Fund.

 TAGs (Technical Assistance Grants): Designed to provide funds to communities for the purpose of
 hiring advisors to interpret technical  information related to cleanup of Superfund sites listed on the
 NPL

 TAT OechnteaJ Assistance Team): Serves as an adjunct to ERGS, providing initial site response
 support, determinations of the size and nature of the site, and support for OSCs during actual
 cleanup.
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TBC (To-Be-Considered): Guidance, advisories, or criteria that are not promulgated (and therefore
cannot be considered ARARs), but that may be used to establish protective Superfund remedies.

TES (Technical Enforcement Services): Contracts that provide EPA Headquarters or Regions with
assistance during enforcement-related activities, such as PRP searches or oversight of PRP-conducted
investigations or actions.

TPQ (Threshold Planning Quantity): The amount of an Extremely Hazardous Substance (EHS) which,
if present at a facility, subjects that facility to the emergency planning requirements of SARA sections
302 and  303.

TSDF (Treatment, Storage, and Disposal Facility):  A facility regulated under RCRA that manages in
one of the ways mentioned  RCRA hazardous wastes.

USCG (U.S. Coast Guard): An agency in the U.S.  Department of Transportation that is the
predesigned OSC in the Coastal Zone and has the authority under CERCLA to  respond to any
release or threatened release of hazardous substances involving the Coastal Zone, Great Lakes
waters, ports, and harbors.  The USCG shares with EPA responsibility for the emergency response
activities  under the NCP.

WQC (Water Quality Criteria):  A non-enforceable standard that EPA promulgates under the Clean
Water Act and is used as a basis for States to set enforceable water quality standards for surface
water bodies.                                   «
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POLITICAL SUBDIVISION INVOLVEMENT IN SUPERFUND

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                       United States
                       Environmental Protection
                       Agency
                                        Office of
                                        Solid Waste and
                                        Emergency Response
Publication No.
9375.5-03/FS
ApriM990
                       Political  Subdivision
                       Involvement in  Superfund
Office of Emergency and Remedial Response
Hazardous Site Control Division (OS-220)
                                                           Quick Reference Fact Sheet
    Political
    Subdivisions
    May Include:
    • Counties
    • Towns
    • Water Districts
    • Parishes
                                INTRODUCTION

               The Comprehensive Environmental Response, Compensation, and Liability Act (CER-
               CLA), as amended, allows EPA to provide funds to States, political subdivisions thereof,
               and federally recognized Indian Tribes for S uperfund response. The definition of political
               subdivision varies from State to State, so each State determines what units of government
               meet its legislative definition. A political subdivision can participate in Superfund cleanup
               as a lead of support agency when EPA and the State agree that this enhances the cleanup
               process and results in an efficient, economical, and well-coordinated use of resources.
A POLITICAL SUBDIVISION CAN LEAD A SUPERFUND RESPONSE

               A political subdivision can participate in Superfund as the lead agency, the primary party
               planning and implementing the response action, or as a support agency, furnishing data,
               reviewing documents, and assisting the lead agency as requested. EPA, the State, and the
               political subdivision work together to gauge when a political subdivision is best suited to
               lead Superfund cleanups.  To determine this, EPA and the State assess the political
               subdivision's involvement and agree that

                    •    It is economical and advantageous to designate the political subdivision as
                         lead

                    •    The political subdivision has the authority to enter into a Cooperative
                         Agreement with the Federal Government and to administer Federal dollars

                    •    The political subdivision is able to conduct the response activities.

               To receive CERCLA funds directly from EPA in a Cooperative Agreement, a political
               subdivision acting as lead agency must meet Federal regulatory requirements and be
               accountable for the S uperfund cleanup. A political subdivision can also receive CERCLA
               funds through the State to perform cleanup activities under the State's Cooperative Agree-
               ment with EPA. In this case, the State remains accountable to EPA under 40 CFR Part 35
               Subpart O for the successful completion of the task.

               When the political subdivision receives funds as the lead agency, EPA and the State are
               required by law to fulfill certain roles. Toclearly define the role of each party, EPA requires
               a 3-party Superfund State Contract.
    Role of Political
      Subdivision
                                                                             Prl rtecf on Recycled Paper

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                       HOW DOES THE 3-PARTY PARTNERSHIP WORK?
     Political
 Subdivision-Lead
EPA
State
Even when apolitical subdivision is authorized to undertake the lead, S tate involvement must be ensured
in a Superfund State Contract. Pursuant to CERCLA Section 121(f), States must be involved in the
decision-making process, and must have an opportunity to:

        •       Review political subdivision planning documentation
        •       Consult on the remedy
        •       Respond to decisions made by the political subdivision.

In addition, CERCLA Section 104 requires that, once a remedy is selected, States must provide certain
assurances prior to Fund-financed remedial actions at a site. A three-party Superfund State Contract
entered into by EPA, the State, and the political subdivision is the mechanism that provides for these
assurances when a political subdivision takes the lead for Superfund activities. CERCLA requires EPA
to accept these written assurances only from the State, not from a political subdivision or any other
entity, even if the political subdivision will implement them. The State must guarantee EPA that it will
share in the cost of cleanup, and provide for O&M after the remedy is in place. If necessary, the State
must accept title to interest in real property acquired to do the response  activities, and ensure the
availability of a facility(ies) for disposal of hazardous materials removed from a site during cleanup.
Finally, before entering into a Superfund State Contract, EPA must find that the State has adequate
disposal capacity for all hazardous waste (not just Superfund hazardous waste) to be generated within
its borders for 20 years.
                    WHAT IS THE LOCAL REIMBURSEMENT PROGRAM?

                   In addition to funding through Superfund Cooperative Agreements, local governments may also receive
                   reimbursement from EPA for expenses incurred (up to $25,000) in carrying out temporary emergency
                   measures in response to hazardous substance threats, pursuant to CERCLA Section 123. Temporary
                   measures may include such activities as erecting security fences to limit access to a site, and responding
                   to fires and explosions. To be eligible for reimbursement under this program, these measures must be
                   necessary to prevent or mitigate injury to human health or the environment EPA allocates funds available
                   under the local reimbursement program to applicants who demonstrate the greatest financial burden.
                               FOR ADDITIONAL INFORMATION
                    Opportunities and requirements for political subdivision involvement in the Superfund program are
                    described in detail in EPA regulations and directives. These include:

                         •     Subpart F of the NCP, 40 CFR Part 300, which outlines the requirements for State,
                               local, and Indian Tribal involvement as lead or support agency in all phases of Super-
                               fund response

                         •     40 CFR Part 35 Subpart O, which describes the administrative procedures for entering
                               into Cooperative Agreements and Superfund State Contracts for Superfund response

                         •     40 CFR Part 310, which describes the procedures for reimbursement to local govern-
                               ments that respond to hazardous substance releases in emergencies

                         •     OSWER directives in the 9375.5 series which pertain to State, political subdivision,
                               and Indian Tribal involvement in the Superfund program.

                    For additional information on political subdivision involvement in the Superfund program, contact the
                    RCRA/Superfund Hotline at 202-382-3000 or 1-800-424-9346. For a complete list of directives and
                    publications, contact the Superfund Docket and Information Center (SDIC) at 202-382-6940.

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                SECTION II
INTERIM CERCLA MUNICIPAL SETTLEMENT POLICY

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INTERIM CERCLA MUNICIPAL SETTLEMENT
    POLICY — Environmental Fact Sheet

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 INTERIM  CERCLA
 MUNICIPAL  SETTLEMENT
 POLICY   FACT  SHEET
                                                                           DECEMBER   1989
                          OFFICE  OF  WASTE   PROGRAMS   ENFORCEMENT
 I.        INTRODUCTION
 IV.     NOTIFICATION
     This fact sheet summarizes certain key provisions of
 the "Interim Policy on CERCLA Settlements Involving
 Municipalities or Municipal Wastes" (OSWER Directive
 #9834.13); it does not cover all aspects of the interim
 policy nor provide definitions of key terms.  The Municipal
 Settlement Policy has been developed to provide the Regions
 with national guidance on how to involve municipalities and
 municipal wastes (i.e., municipal solid waste (HSU) or
 sewage sludge) in the Superfund settlement process.  It also
 addresses how the treatment of municipalities and municipal
 wastes affects the treatment of private parties and certain
 kinds of commercial, institutional, or industrial wastes.
 II.     CERCLA  LIABILITY
    CERCLA does not provide an exemption from liability for
municipalities nor for municipal wastes.  Municipalities may
be potentially responsible parties (PRPs) like private
parties if they fall within the categories of liability
specified under Section 107(a) of CERCLA (e.g., if they are
owners/operators of facilities, or generators/transporters
of hazardous substances).  Municipal wastes may be
considered hazardous substances if they are covered under
the definition of hazardous substances in Section 101(14) of
CERCLA and if they are the subject of a release or
threatened release.  The interim policy does not provide an
exemption from legal liability for any party or any
substance; potential liability continues to apply in all
situations covered under Section 107 of CERCLA.
III.   INFORMATION
           GATHERING
    All owners/operators and generators/transporters should
generally be included in the information gathering process
(e.g., they should all generally receive Section 104(e)
information request letters).  This  includes municipal
owners/operators of facilities as well as municipal and
private party generators/transporters of municipal wastes.
    Owners/operators;  Both municipal and private party
past and present owners/operators should generally receive
notice letters.

    Generators/transporters of municipal solid waste;
Municipal and private party generators/transporters of MSU
will not generally be notified as PRPs unless:

  o      the Region obtains site-specific information that
         the MSU contains a hazardous substance; AND

  o      the Region has  reason to believe that the
         hazardous substance is derived from a commercial,
         institutional,  or industrial process or activity.

Notwithstanding this general  policy, EPA may consider
notifying generators/transporters for MSW containing a
hazardous substance derived only from households in truly
exceptional situations where the total contribution of
commercial, institutional, and industrial hazardous waste by
private parties is insignificant when compared to the MSW.

    Generators/transporters  of sewage sludge:  Municipal
and private party generators/transporters of sewage sludge
will not generally be notified as PRPs unless:

  o      the Region obtains site-specific information that
         the sewage sludge contains a hazardous substance;
         AND

  o      the Region has  reason to believe that the
         hazardous substance is derived from a commercial,
         institutional,  or industrial process or activity.

    Generators/transporters  of trash from a commercial.
institutional,  or industrial  entity;  Parties who are
generators/transporters of trash from a commercial,
institutional,  or industrial  entity will  not generally be
notified as PRPs if such parties demonstrate to the Region
that:

  o      none of the hazardous substances contained in the
         trash are derived from a commercial,
         institutional,  or industrial process or activity;
         AND

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         o       the amount and toxicity of the hazardous
                 substances contained in the trash do not
                 exceed those which one would expect to find
                 in comnon household trash.

     fieoejators/transporters °* »w other hazardous
 subtttnce. including  low-hazardous industrial wastes:
 Municipalities and private parties who are generators/
 transporters of any hazardous substance or any substance
 that contains a hazardous substance (except those discussed
 above) will generally  be notified as PRPs. This includes
 loM'hazardous industrial wastes like certain paint sludges
 and industrial wastewaters.
V.         SETTLEMENTS
     The overall  process and goals for reaching settlements
at sites involving municipalities or municipal wastes is the
ssoe as for other Super fund sites (e.g.,  to reach one
settlement agreement), although separate  settlements like de
        settlements may be used where appropriate.
     Nonetheless,  there are some settlement provisions that
may be particularly suitable for municipal PRPs (e.g.,
delayed payments,  delayed payment schedules, and in-kind
contributions).  These settlement provisions are not
routinely available to municipal PRPs,  but may be considered
where a municipality has successfully demonstrated to EPA
that they are appropriate.  These settlement provisions may
be separate settlements or may be folded into a larger
settlement that  includes private parties.  Although these
settlement provisions may be particularly appropriate for
municipalities,  they may be available to private parties,
such as certain  small businesses, where appropriate.

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   TRANSMITTAL MEMORANDUM OF INTERIM POLICY
        ON CERCLA SETTLEMENTS INVOLVING
       MUNICIPALITIES AND MUNICIPAL WASTES
                 & ATTACHMENTS:

a)    INTERIM CERCLA MUNICIPAL SETTLEMENT POLICY FACT SHEET

b)    INTERIM POLICY ON CERCLA SETTLEMENTS INVOLVING
     MUNICIPALITIES OR MUNICIPAL WASTES

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vvEPA
                         United States
                         Environmental Protection
                         Agency
                                       December i.989
                         Solid Waste And Emergency Response (OS-510)   9834.13FS
Environmental  Fact  Sheet
                         Interim  CERCLA
                         Municipal  Settlement  Policy
           OverView   The Environmental Protection Agency
                         (EPA) has developed an interim policy on
                         how municipalities and municipal waste
                         will be included in the Superfund settle-
                         ment process under Section 122 of the
                         Comprehensive Environmental  Response,
                         Compensation, and  Liability Act of 1980
                         (CERCLA or Superfund) as amended by
                         the Superfund Amendments and Reauth-
                         orization Act of 1986 (SARA).  This in-
                         terim policy focuses on situations where
                         EPA is seeking voluntary settlement of
                         cleanup at Superfund sites  that  involve
                         municipalities or municipal wastes. It also
                         addresses EPA's treatment  of private par-
                         ties and certain kinds of commercial,
                         institutional, or industrial wastes. Its pub-
                         lication follows nearly two years of dis-
                         cussions with state and local governments
                         and organizations, industry and

             Content   The interim policy generally provides that
                         wastes from households will not be
                         included by EPA in the Superfund settle-
                         ment process, and that, when municipali-
                         ties are potentially liable for cleanup,
                         they will be treated in the same manner
                         as private parties.
                             EPA generally will continue to pur-
                         sue both municipal and private-party
                         owners or operators of facilities that have
                         become Superfund sites. EPA generally
                         will also continue to pursue both munici-
                         pal and private-party generators or trans-
                         porters of hazardous substances.
                             EPA generally will not pursue muni-
                         cipalities and private parties who are gen-
                         erators or transporters of municipal solid
                         waste or sewage sludge to help  pay for
                         Superfund cleanup costs when the waste
                         is believed to be derived from house-
                         holds, except in some truly exceptional
                         situations.  EPA may pursue such parties,
                         however, if  either waste contains a
                                       environmental groups, as well as Congres-
                                       sional staff. EPA has listened to all points
                                       of view in developing the new approach,
                                       which it believes is both fair and man-
                                       ageable.
                                           EPA is publishing the interim policy
                                       at this time to inform the public about
                                       the proposed new nationwide approach
                                       and to solicit public comment.  The pol-
                                       icy provides EPA's Regional offices for
                                       the first time with nationally consistent
                                       guidelines for exercising their enforce-
                                       ment discretion in dealing  with munici-
                                       palities and municipal wastes in the
                                       Superfund settlement process. It also
                                       provides municipalities and private par-
                                       ties who may be potentially liable for the
                                       cost of Superfund cleanups with a sense
                                       about how EPA will treat them in the
                                       settlement process.

                                       hazardous substance from a commercial,
                                       institutional, or industrial process or
                                       activity.  EPA generally will not pursue
                                       generators or transporters of trash from a
                                       commercial, institutional, or industrial
                                       entity when the content of the waste is
                                       believed to be very similar to that derived
                                       from households.  EPA generally will
                                       pursue generators or transporters of low-
                                       hazardous industrial wastes such as
                                       certain paint sludges and industrial waste-
                                       waters  because such wastes are derived
                                       from a commercial, institutional, or
                                       industrial process or activity.
                                           When municipalities are considered
                                       to be potentially liable for cleanup costs,
                                       they will be treated essentially the same
                                       as private parties in the Superfund settle-
                                       ment process although delayed payments,
                                       delayed payment schedules, and in-kind
                                       contributions may be available to some
                                       municipalities under certain circum-
                                       stances.

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    Significance
            Public
    Involvement
       Comments
            Sought
Who To Contact
 Involving municipalities and municipal
 wastes in the settlement process is an
 issue because questions have been raised
 about how such parties and wastes should
 be treated in the settlement process.
 Until the development of this interim
 policy, EPA had not addressed these
 questions  from a national perspective.
     This issue is important because about
 25 percent of the sites proposed for or
 actually included on EPA's National Pri-
.orities List (NPL)  for Superfund cleanup
 are sites that involve municipalities or
 municipal wastes.  Of  those, about one in
 five sites is a municipal landfill. EPA
 expects the number of NPL sites involv-
 ing municipalities or municipal waste to
 increase in the future.  This issue is par-
 ticularly complex because sites that typ-
 ically involve municipalities or municipal
 waste are often municipal landfills that
 include multiple responsible parties
 In March 1988, EPA sponsored a Munici-
 pal Settlement Conference that was
 attended by over 100 representatives of
 state and local governments and organiza-
 tions; industry, environmental, and other
 groups; as well as Congressional staff.  To
 continue this dialogue with interested
 parties, EPA established the Municipal
 Settlement Discussion Group which met
 in June, August, and October 1988.
 These forums have been open to the pub-
 lic and have been organized primarily as
 information exchange mechanisms; EPA
 has used these forums to inform inter-
 ested parties about the issues EPA is
 addressing as part of the interim policy as
 well as to stimulate public debate on these
  issues.

  The interim policy is expected to be pub-
  lished in the Federal Register for public
  comment on December 12, 1989. The
  public will be provided with 60 days
  from the date of publication to review
  and comment on the interim policy.  EPA

  For further information on this interim
  policy, please contact Kathleen
  MacKinnon in the Office of Waste
  Programs Enforcement at 202-475-6771.
(sometimes hundreds of parties), mul-
tiple sources of wastes (often municipal
and industrial wastes), as  well as diverse
waste streams (in terms of amount and
toxicity).
    The important questions addressed in
the interim  policy are who should he
included in  the information gathering
process, who should be considered poten-
tially responsible for cleanup costs by
EPA, how municipalities should be treat-
ed in the settlement process once they arc
considered potentially liable by F.PA, and
how the treatment of municipalities and
municipal wastes affect EPA's treatment
of private parties and certain kinds of
commercial, institutional, or industrial
wastes. Private parties and certain kinds
of commercial, institutional, or industrial
wastes are an issue for this interim policy
because private parties sometimes handle
municipal waste or generate waste streams
that may be considered to be similar to
municipal wastes, and because municipal
and industrial wastes are often co-
disposed at individual sites.


Forum Participants have included: the National
 League of Cities; the U.S. Conference of Mayors; the
 National Association of Towns and Township Officials;
 National Association of Counties; the International City
 Managers Association; the Government Refuse
 Collection and Disposal Association; the National
 Governors' Association: the National Association of
 Attorneys General: the Association of State and
 Territorial Solid Waste Management Officials; the U.S.
 Chamber of Commerce; the National Solid Waste
 Management Association; the National Association of
 Manufacturers; the Chemical Manufacturers Association;
 the American Petroleum Institute; Waste Management,
 Inc.; Browning-Ferris, Inc.; the Natural Resources
 Defense Council; the Conservation Foundation: and
 Congressional staff. Other representatives from private
 companies, individual state and local governments, and
 law firms representing municipal and private party
 clients have either attended and participated in these
 forums or have been kept informed through EPA's
 minutes of these meetings.


 may change the interim policy at a later
 date or address additional issues in re-
 sponse to public comment or as EPA
 gains experience in implementing it over
 the next several months.

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                                                                            1
 y""""^
/JfiL*

               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C. 20460-


                             DEC -6
                                                OSWER Directive # 9834.13
                                                           E OF
  MEMORANDUM                                  SOLID WASTE AND EMERGENCY RESPONSE

  SUBJECT:  Transmittal of "Interim Policy on CERCLA Settlements
            Involving Municipalities and Municipal Wastes"
            (referred to as the "Municipal Settlement Policy")
  FROM:     Don R. Clay   _
            Assistant Administ
  TO:        Regional Administrators
       Attached is a package containing the interim  "Municipal
  Settlement Policy" and other related documents as  follows:

       o    The "Interim CERCLA Municipal Settlement Policy  Fact
            Sheet" which summarizes certain key provisions of the
            interim policy.

       o    The "Interim Policy on CSRCLA Settlements Involving
            Municipalities or Municipal Wastes" which provides
            guidance to the Regions on how to involve
            municipalities and wastes in the Superfund settlement
            process and other related issues.

       o    The "Federal Register Notice" which explains  to  the
           .public the process the Agency used for developing this
            interim policy, the Agency's rationale for this  interim
            decision, and how they may provide the Agency with
            formal comment.

  Attachments

  cc:

  Directors,  Waste Management Divisions, Regions I,  IV, V, VII,  and
  VIII
  Director,  Emergency and Remedial Response Division,  Region II
  Director,  Hazardous Waste Management Division, Region III   	~
  Directors,  Air and Waste Management Division, Regions II and  VI
  Director,  Toxics and Waste Management Division, Region  IX
  Director,  Hazardous Waste Division, Region X
  CERCLA Branch Chiefs, Regions I - X
  CERCLA Section Chiefs,  Regions I - X
  Regional  Counsels,  Regions I - X
  Regional  Counsel Branch Chiefs, Regions I - X
                                                            Printed on Recycled Paper

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f
               UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C. 20460
                                               OSWER  DIRECTIVE
                                                   #9834.13
                              DEC -6
                                                        OFFICE OF
  MEMORANDUM                                   SOLID WASTE AND EMERGENCY RESPONSE
  SUBJECT:   Interim Policy on CERCLA Settlements Involving
            Municipalities or Municipal Wastes
  FROM:      Don R.  Clai   ^   .
            Assistant Administrator
  TO:        Regional Administrators, Regions I - X
  I.    INTRODUCTION
       A)    Focus of Interim Policy
       This  memorandum establishes EPA's interim policy on
  settlements  involving municipalities or municipal wastes under
  Section  122  of the Comprehensive Environmental Response,
  Compensation,  and Liability Act of 1980 (CERCLA or Superfund) as
  amended  by the Superfund Amendments and Reauthorization Act of
  1986  (SARA).   In  particular,  this interim policy indicates how
  EPA will exercise its enforcement discretion when pursuing
  settlements which involve municipalities or municipal wastes.1
 The municipal  wastes  addressed by this interim policy are
 municipal  solid waste (MSW)  and sewage sludge as defined below.
 This interim policy has  been developed to provide a consistent
 Agency-wide approach  for addressing municipalities and municipal
 wastes in  the  Superfund  settlement process.
         This interim policy does not provide an exemption  from
 potential CERCLA liability  for  any  party;  potential liability
 continues to apply in all situations covered under Section 107 of
 CERCLA.
                                                           Prinltd on Rtcycltd Paper

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                                       OSWER DIRECTIVE #9834.13
     Although this interim policy focuses on municipalities and
municipal wastes, it addresses how private parties and certain
kinds of commercial, institutional, or industrial wastes will be
handled in the settlement process as well.  It is important to
address private parties and certain kinds of commercial,
institutional, or industrial wastes in this interim policy
because private parties sometimes handle municipal wastes or
wastes of a similar nature and because municipal and private
party waste streams are sometimes co-disposed at sites,
particularly municipal landfills.  The kinds of commercial,
institutional, or industrial wastes covered by this interim
policy include "trash from a commercial,  institutional, or
industrial entity" and "low-hazardous industrial wastes" as
defined below.
     There are three fundamental issues addressed by this  interim
policy.  First is whether to notify generators/transporters  of
MSW or sewage sludge that they are considered to be potentially
responsible parties  (PRPs) and to  include them in the  Superfund
settlement process.  Such parties  are usually municipalities,
although they may include private  parties as well.  Second is  how
municipalities should-be handled in the Superfund settlement
process when the decision is made  to notify them that  they are
PRPs under Section  107(a) of CERCLA.  Third is how the treatment
of municipalities and municipal wastes under this interim  policy
affects the treatment of private parties  and certain kinds of

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                                       OSWER DIRECTIVE #9834.13
commercial, institutional, or industrial wastes in the Superfund"
settlement process.
     Key questions specifically addressed as part of this interim
policy include the following:
     o    Information Gathering;  Should municipalities be
          included in the Agency's information gathering process?
          Should generators/transporters of MSW or sewage sludge
          be included in the information gathering process?
     o    Notification!  Should municipalities be notified that
          they are PRPs?  Should generators/transporters of MSW
          or sewage sludge be notified as PRPs?
     o    Settlements;   How should municipalities be handled in
          the Superfund settlement process?  What settlement
          process and settlement tools should be used to
          facilitate settlement involving municipalities or
          municipal wastes?
     o "   Private Parties;  How does the treatment of
          municipalities and municipal wastes affect the Agency's
          treatment of private parties and certain kinds of
          commercial,  institutional,  or industrial wastes?

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                                       OSWER DIRECTIVE #9834.13
     B)   Kev Terms Used in Interim Policy2
     The following defines the key terms used in this interim
policy:
     o    The term "municipalities" refers to any political
          subdivision of a State and may include cities,
          counties, towns, townships, and other local
          governmental entities.
     o    The term "municipal solid waste" refers to solid waste
          generated primarily by households, but may include some
          contribution of wastes from commercial, institutional
          and industrial sources as well.  As defined under the
          Resource Conservation and Recovery Act (RCRA), MSW
          contains only those wastes which are not required to be
          managed as hazardous wastes under Subtitle C of RCRA
          (e.g., non-hazardous substances, household hazardous
          wastes (HHW), or small quantity generator  (SQG)
          wastes).  Although the actual composition of  such
          wastes varies considerably at individual sites, MSW  is
          generally composed of large volumes of non-hazardous
          substances  (e.g., yard waste, food waste, glass, and
     2  The definitions provided under this section are for the
purpose of this interim policy only.  Where possible, this
interim policy includes already existing definitions used under
other Federal environmental programs  (e.g., under the Resource
Conservation and Recovery Act or the  Clean Water Act).  However,
nothing in this interim policy affects the regulatory efforts of
these other programs.

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                                        OSWER DIRECTIVE  #9834.13

           aluminum)  and may contain  small  quantities  of household

           hazardous  wastes (e.g.,  pesticides and  solvents)  as

           well as small quantity generator wastes.3  Many

           industrial solid wastes  and some commercial and

           institutional solid wastes are managed  separately from

           household  wastes,  but  may  enter  the MSW waste stream.

           The  term "municipal landfill" refers  to any landfill,

           whether publicly or privately owned,  that has received

           municipal  solid  waste  for  disposal.

           The  term "sewage sludge" refers  to any  solid,  semi-

           solid,  or  liquid residue removed during the treatment

           of municipal  waste water or domestic  sewage.4        .

           The  term "trash  from a commercial,  institutional,  or

           industrial  entity"  refers  to waste which is very
        All household wastes,  including household hazardous
wastes, are unconditionally exempt from the Federal hazardous
waste regulations promulgated under Subtitle C of RCRA  (See 40
CFR Section 261.4. (b)(l)).  With regard to non-household sources
of solid waste, if such waste is not a listed or characteristic
hazardous waste accumulated in quantities exceeding the small
quantity generator limitations (i.e., less than 100 kg/month of
hazardous wastes and less than 1 kg/month for acute hazardous
wastes), such waste is not required to be managed in a RCRA
Subtitle C hazardous waste treatment, storage, or disposal
facility (See 40 CFR Section 261.5).  "Household hazardous
wastes" refers to those wastes which are generated by households
and would be managed as hazardous wastes under RCRA Subtitle C if
they were generated by a non-household in quantities exceeding
the small quantity generator limitations.

     4  The definition of sewage  sludge is contained in the
National Pollutant Discharge Elimination System Sewage Sludge
Permit Regulations published in the Federal Register as a final
rule May 2, 1989 (See 40 CFR Part 122.2).

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                                       OSWER DIRECTIVE #9834.13
          similar to the MSW that is derived from households.
          This term covers only those wastes that are essentially
          the same as what one would expect to find in common
          household trash.  This term does not include hazardous
          substances that are derived from a commercial,
          institutional, .or industrial process or activity.
     o    The term "low-hazardous industrial wastes" refers to
          high volume wastes that contain small quantities of
          hazardous substances derived from an industrial,
          commercial, or institutional process or activity.
          Examples may include certain paint sludges or
          industrial wastewaters.   .                  •
II.  CERCLA LIABILITY
     Important questions have been raised about whether
municipalities may be PRPs and whether municipal wastes  (i.e.,
MSW and sewage sludge) may be considered hazardous substances
under CERCLA.
     A)   Municipalities as PRPs
     The statute does not provide an exemption from liability  for
municipalities.  Municipalities may be PRPs like private parties
if municipalities fall within the categories of liability
specified under Section 107(a) of CERCLA.  In general,  Section
107(a) establishes liability for past and present owners or
operators of facilities as well as generators or transporters  of
hazardous substances for the release or threatened release of

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                                        OSWER DIRECTIVE #9834.13
 hazardous substances.   Such parties may be liable for the  costs
 of responding to a release or threatened release  of hazardous
 substances as well as  for resulting damages to natural resources.
 The specific categories of liable parties under Section 107(a)
 are:
      1.    the owner and operator of a vessel or a facility,
      2.    any person who at the time of disposal  of any hazardous
           substance owned or operated any facility at which  such
           hazardous substances were disposed of,
      3.    any person who by contract,  agreement,  or otherwise
           arranged for disposal or treatment,  or  arranged  with a
           transporter  for transport for disposal  or treatment, of
           hazardous substances owned or possessed by such  person,
           by any other party or entity,  at any facility or
           incineration vessel owned or operated by another party
           or entity and containing such hazardous substances,
           [commonly referred to as "generators"5], and
      4.    any person who accepts or accepted any  hazardous
           substances for transport to  disposal  or treatment
        Persons who fall into this category are commonly referred
to as "generators," although liability under this Section extends
beyond "true generators" of hazardous substances to include
persons who arranged for the disposal or treatment of hazardous
substances owned or possessed by such party or another party.
The term "generator" is used throughout this document to refer to
any party who is potentially liable under Section 107(a)(3).

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                                       OSWER DIRECTIVE #9834.13
          facilities, incineration vessels,  or sites selected by
          such person [commonly referred to as "transporters"].
     Section 107(a) describes liable parties as "persons" and the
definition of "person" under Section 101(21) includes municipal-
ities and political subdivisions of a State.  Municipalities may,
therefore, be PRPs as part of CERCLA's broad definition of who is
potentially liable.
     B)   Municipal Wastes as Potential CERCIA Hazardous
          Substances
     Similarly, the statute does not provide an exemption from
liability for municipal wastes.  Municipal wastes may be
considered hazardous substances if they are covered under the
definition of hazardous substances in Section 101(14) of CERCLA.
As indicated under the definitions of MSW and sewage sludge,
these municipal wastes are generally characterized by large
volumes of non-hazardous substances and may contain small
              *
guantities of household hazardous or other wastes, although  the
actual composition of the waste streams vary considerably at
individual sites.  To the extent municipal wastes contain a
hazardous substance  that is covered under Section 101(14) of
CERCLA and there  is  a release  or threatened release,  such
municipal wastes  may fall within the CERCLA liability framework.
III. INFORMATION  GATHERING
     The Regions  should include all municipal  and private party
owners/operators  and generators/transporters  in  the  information
                                 8

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                                       OSWER DIRECTIVE #9834.13
gathering process,  including the generators/transporters of
municipal wastes.   This means that municipal owners/operators as
well as municipal generators/transporters should generally
receive Section 104(e) information request letters and should
otherwise be fully  included in the information gathering process
like private parties.  Information obtained through such letters
or through other means is important for determining (among other
things) whether it  is appropriate to notify a party as a PRP,
including whether to notify a generator/transporter of MSW or
sewage sludge as discussed below.6
IV.  NOTIFICATION OF POTENTIAL RESPONSIBILITY
     A)   Owners/Operators
     The same approach will be used for both municipalities and
private parties when determining whether to notify them as
owners/operators.  Specifically, such parties will generally be
notified where they were past owners or operators of facilities
at the time of disposal of hazardous substances, or they are
present owners or operators of facilities where hazardous
substances have been released or there is a threatened release.
        The Regions may accept and consider credible site-
specific information from any party to supplement their own
information gathering efforts as appropriate.

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                                       OSWER DIRECTIVE #9834.13

     B)   Generators/Transporters7

     1.   Municipal solid waste;  Municipalities and private

parties will be treated the same when determining whether to

notify them as PRPs when they are generators/transporters of MSW.

Specifically, such parties will not generally be notified unless:

     o •   the Region obtains site-specific information that the

          MSW contains a hazardous substance;8 AND

     o    the Region has reason to believe that the hazardous

          substance is derived from a commercial, institutional,

          or industrial process or activity.

This means that EPA will not generally notify municipalities or

private parties who are generators/transporters of MSW if only

household hazardous wastes (HHW) are present, unless the truly

exceptional situation discussed below exists.  The general policy
     7  The categories of wastes discussed below,  i.e.,  relating
to municipal solid waste, sewage sludge, trash from a commercial,
institutional, or industrial entity, and low-hazardous industrial
wastes, are defined in the "Introduction" to this interim policy
(See I.E.).

     8  The term "site-specific" information refers to
information pertaining to a particular Superfund site.  "Site-
specific"  information does not generally include, for example,
"general studies" conducted by EPA or other parties which draw
general conclusions about whether MSW or sewage sludge typically
contain a  certain percentage of hazardous substances, unless the
"general study" includes "site-specific" information obtained
from the PRP or Superfund site in question.  "General studies"
may nonetheless be used to supplement "site-specific"
information.

                                10

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                                       OSWER DIRECTIVE  #9834.13

 of not  notifying parties who are generators/transporters of HHW

 extends to  "HHW collection day programs" as well.9

     This also means that such parties may be notified  as PRPs if

 the MSW contains hazardous substances from non-household sources.

 Non-household sources  include, but are not limited to.  small

 quantity generator  (SQG) wastes from commercial or industrial

 processes or activities, or used oil or spent solvents  from

 private or  municipally-owned maintenance shops.

     Notwithstanding the above general policy, there may be

 truly exceptional situations where EPA may consider notifying

 generators/transporters of MSW which contains a hazardous

 substance derived only from households.  Such notification may be

 appropriate where the  total contribution of commercial,

 institutional, and  industrial hazardous waste by private parties

 to the  site is insignificant when compared to the MSW.10 In this
     9                              ' '
        The term "HHW collection day programs" refers to programs
that have generally been sponsored by municipalities or community
organizations whereby residents voluntarily remove their HHW from
their household waste.  The HHW is then typically disposed of in
a RCRA Subtitle C hazardous waste facility and the household
waste is typically disposed of in a RCRA Subtitle D solid waste
facility.

     10  The Regions should consider both the  volume and the
toxicity of the commercial, institutional, and industrial
hazardous waste when determining whether it is insignificant when
compared to the MSW.  In determining whether  the volume is
insignificant, the Regions should consider the total volume of
such waste contributed by all private parties.  In determining
whether the toxicity is insignificant, the Regions should
consider whether such waste is significantly more toxic than the
MSW and whether such waste requires a disproportionately high
treatment and disposal cost or requires a different or more
costly remedial technique than that which otherwise would be

                                11

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                                       OSWER DIRECTIVE #9834.13
situation, the Regions should seriously consider notifying the
generators/transporters of MSW containing a hazardous substance
from households as PRPs and include them in the settlement
process where it would promote either settlement or response
action at -the site.
     2..   sewage sludae:  Municipalities and private parties will
be treated the same when determining whether to notify them as
PRPs when they are generators/transporters of sewage sludge.
Specifically, such parties will not generally be notified unless:
     o    the Region obtains site-specific information that the
          sewage sludge contains a hazardous substance; MB
     o    the Region has reason to believe that the hazardous
          substance is derived from a commercial, institutional,
          or industrial process or activity.
     3.   Trash from a commercial, institutionalf or  industrial
entity;  Parties who are generators/transporters of trash  from a
commercial, institutional, or industrial entity will  not
generally be notified as PRPs if such parties demonstrate  to  the
Region that:
     o    none of  the hazardous substances contained  in the trash
          ar« derived from a commercial, institutional, or
          industrial process or activity; MB.
 technically adequate for the site.
                                12

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                                        OSWER DIRECTIVE  #9834.13
      o     the amount and  toxicity  of  the hazardous  substances
           contained  in  the  trash does not  exceed that which  one
           would  expect  to find  in  common household  trash.
      4-    Anv other  hazardous substance, including  low-hazardous
 industrial wastes;   Municipalities or private parties who  are
 generators/transporters of  "any other hazardous substance" will
 generally  be  notified as  PRPs if the  Region  obtains information
 that  the substance is hazardous or that it contains a hazardous
 substance.  This includes notification  of  private parties  who  are
 the generators/transporters of  low-hazardous industrial wastes.
 "Any  other hazardous substance" in this category refers to any •
 hazardous  substance  covered under  Section  101(14) of CERCLA  other
 than  hazardous substances that  may be contained in  MSW, sewage
 sludge, or trash from a commercial, institutional,  or industrial
 entity  (as discussed under  IV.B.l., IV.B.2.,  or IV.B.3. above).
 The generators/transporters of  hazardous substances that may be
 contained  as  part of the  waste  streams  discussed under  IV.B.l.,
 IV.B.2., or IV.B.3.  should  be addressed as specified above.
V.    SETTLEMENTS
     A)    Settlement Process
     Once the notification  decision is  made,  the general goal  and
overall process  for  reaching settlement at sites involving
municipalities or municipal wastes  is the same as for other
sites.  The general  goal  remains to negotiate with  PRPs to reach
one settlement agreement  that provides  complete resolution of  all

                                13

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                                       OSWER DIRECTIVE #9834.13
pending CERCLA claims, and is consistent with both applicable
statutory requirements and EPA's Interim CERCLA Settlement
Policy.11  This means that at sites where both municipal and
private PRPs exist, EPA will attempt to include both types of
parties in one settlement agreement.
     Although one settlement agreement is the goal for each site,
separate settlement agreements may be used at any site to
facilitate settlement, where appropriate.  This includes sites
involving municipalities or municipal wastes.  Separate
settlements are not automatically available to municipalities and
are generally available to such parties under the same conditions
as for private parties.  Examples of separate settlements are
                                                               *
Section 122 (g) de_mio_iBjLs settlements and cash-outs which may be
used when they are consistent with applicable statutory
requirements and existing EPA guidance. 12_
     B)   Settlement Provisions That May Be Particularly Suitable
              Certain Municipalities
     As indicated, once parties are notified as PRPs, the overall
process and goals for reaching settlement at sites  involving
municipalities or municipal wastes is the same as for other
Superfund sites.  Nonetheless, there are some settlement
provisions (e.g., delayed payments, delayed payment schedules,
     11   "Interim  CERCLA Settlement  Policy",  February 5,  1985,
50 FR 5034.
     12   For example,  see "Interim Guidance  on Settlements with
De Minirois Waste  Contributors," June 30, 1987, 52 FR 24333.
                                14

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                                        OSWER DIRECTIVE  #9834.13

 and in-kind contributions)  that  may  be  particularly  suitable  for

 facilitating settlement  with certain municipal  PRPs  because they

 take into  account  a  municipality's status  as a  governmental

 entity.13

      Such  settlement provisions  are  not routinely available to

 municipalities.  As  a general rule,  they may be considered where

 a municipality has successfully  demonstrated to EPA  that they are

 appropriate (e.g., where valid ability  to  pay or procedural

 constraints that affect  the timing of payment exist).   These

 settlement provisions may be embodied in separate settlements or

 they may be folded into  a larger settlement  that includes private
                    •
 parties.   In addition, although  these settlement provisions may
               *
 be  particularly suitable for municipalities,  they may also be

 available  to private parties,  such as certain small  businesses,

 where appropriate.

      The following discusses how delayed payments, delayed

 payment  schedules, and in-kind contributions may be  used:

      1.    Delayed  payment:   If a municipality has demonstrated

 difficulty providing a lump-sum  payment upfront for  past costs or
        In some circumstances  a municipality's  governmental
status may impose practical constraints on its  ability to carry
out its legal obligation as a  PRP under CERCLA.  For example, a
municipality may need to hold  a special vote involving its
legislative body or its citizens to gain approval to issue a bond
or arrange other financing to  cover cleanup costs at a Superfund
site where it is a PRP.  These settlement provisions are designed
to take into account these types of unavoidable constraints that
may exist.

                                IS

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                                       OSWER DIRECTIVE #9834.13

for cleanup needs, the settlement could be structured to allow

the municipality to pay at a specified future date.  This would

allow the municipality time to raise the money needed to cover

its contribution.  This may include an interest payment.

     2.   Delayed payment schedules (payments over time^;  An

alternative to a delayed payment is to allow a delayed payment

schedule where the settlement is structured to allow the

municipality to pay over time based upon a predetermined schedule

of payments.  The payment schedule would be adjusted in such a

way that the discounted present value of the payment would be

greater than or equal to the settlement.14
           •

     3.   in-kind contributions;  The settlement could be
      %
structured to allow for an in-kind contribution, especially where

a municipality can provide only a portion of its share of costs

or is unable to provide a monetary payment.  In-kind
                          *
contributions may be made in conjunction with or in lieu of cash.

Factors the Regions may use in considering the appropriateness of

an in-kind contribution may include the overall financial health

of the municipality, the amount of the municipality's share, the
     14  Delayed  payment  schedules may  include  "structured
settlements" which are settlements paid over time generally
through an annuity.  EPA is currently  developing guidance, titled
"Interim Guidance on the Use of Structured Settlements Under
CERCLA," which will establish criteria for evaluating whether a
particular site  is a good candidate for a structured settlement.
EPA expects to issue this interim guidance in  the Spring of 1990.

                                16

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                                       OSWER DIRECTIVE #9834.13
value  of  the  in-kind  contribution, and the effect of- the in-kind
contribution  on  the overall  effort to achieve settlement.
     One  mechanism for  allowing  an in-kind contribution could be
a  "carve-out"  order when,  for  example, the municipal PRP has
agreed to provide the operation  and maintenance at the facility.
Other  in-kind  contributions  could include the use of trucks and
equipment to carry out  cleanup activities, the installation of
fences and the provision of  other security measures to control
public access  to the  site, or  the use of the municipality's
sewage treatment plant.
     C)   .Contribution  Protection
     Nothing in this  interim policy affects the rights of any
party  in  seeking contribution  from another party, unless such
party  has entered into  a settlement with the United States or a
State  and obtained contribution  protection pursuant to Section
113 (f)  of CERCLA.15
VI.  DISCLAIMER
     This interim policy is  intended solely for the guidance of
EPA personnel.  It is not  intended and can not be relied upon to
create any rights, substantive or procedural, enforceable by any
party  in litigation with the United States.  The Agency reserves
        Under Section  113(f), where EPA determines that
settlement is in the best interests of the Federal government,
CERCLA provides contribution protection to the settling parties
for matters covered by the settlement.  This may include a party
who has not been notified as- a PRP by EPA but wishes to settle
its potential CERCLA liability.
                                17

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                                       OSWER DIRECTIVE #9834.13
the right to act at variance with this policy and to change it at
any time without public notice.
VII. FOR FUKTHER INFORMATION
     For further information or questions about this interim
policy, the Regions may contact Kathleen MacKinnon in the office
of Waste Programs•Enforcement at FTS-475-9812.  Inquiries by
other persons should be directed to Ms. MacKinnon at
202-475-6771.
                                18

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               DEC -6 1989
                                        OSWER DIRECTIVE
                                           #9834.13
 FEDERAL  REGISTER NOTICE
 Superfund Program;  Interim Municipal Settlement Policy
 AGENCY:  Environmental Protection Agency
 ACTION:  Request for  Public Comment
 SUMMARY:  The Agency  is publishing the  "Interim Policy on CERCLA
 Settlements Involving Municipalities or Municipal Wastes"
 (referred to as the Municipal Settlement Policy) today to inform
 the public about this interim policy and to solicit public
 comment.  This interim policy focuses on settlements  involving
 municipalities or municipal wastes under Section 122  of the
 Comprehensive Environmental Response, Compensation, and Liability
 Act of 1980 (CERCLA or Superfund) as amended by the Superfund
 Amendments and Reauthorization Act of 1986  (SARA).  It also
 addresses how the treatment of municipalities and municipal
 wastes affects the  treatment of private parties and certain kinds
 of commercial, institutional, or industrial wastes in the
 Superfund settlement  process as well.
 DATE:  Comments must  be provided no later than 60 days after
 publication of this interim policy.
ADDRESS:  Comments  should be addressed  to Kathleen MacKinnon,
U.S. Environmental  Protection Agency, Office of Waste Programs
Enforcement,  Guidance and Oversight Branch  (OS-510),  401 M
 Street, S.W.,  Washington, D.C. 20460.

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                                   OSWER DIRECTIVE #9834.13
FOR FURTHER INFORMATION. CONTACT:  Kathleen MacKinnon at the above
address or at (202) 475-6771.
SUPPLEMENTAL. INFORMATION:
     The following supplemental information is provided to assist
the public in reviewing and commenting on EPA's interim policy:
     I.•   Effective Date of Interim Policy and Role of Public
          Comment
     II.   Purpose of Interim Policy
     III. Focus of Interim Policy
     IV.   Why Settlement Involving Municipalities or Municipal
          Wastes Is An Issue
     V.   Discussion of Interim Policy
          A.   Public Input
          B.   EPA Consideration of Competing Public Interests
I.   Effective Date of Interim Policy and Role of Public.Comment
     This interim policy is effective immediately.  However, the
Agency emphasizes that this is an interim policy and that there
is an important role for public comment.  We are providing the
public with 60 days to review and submit comments in writing.
Based upon public comment or on our experience in implementing
the interim policy, the Agency may address additional  issues or
revise the interim policy accordingly.
H.  Purpose of Interim Policy
     The primary purpose of this interim policy is to  provide
interim guidance to EPA Regional offices on how they should

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                                   OSWER DIRECTIVE #9834.13
exercise their enforcement discretion in dealing with
municipalities and municipal wastes in the Superfund settlement
process.  An additional purpose is to provide municipalities and
private parties who may be potentially liable under Section
107(a) of CERCLA with information about how EPA will handle them
in the settlement process.  We believe this interim policy is
important for establishing a national framework that will help
facilitate our ability to reach settlements and will ensure that
sites involving municipalities or municipal wastes are addressed
consistently throughout the country.
III. Focus of Interim Policy
     The interim policy focuses on how EPA will proceed in
attempting to reach settlements at sites involving municipalities
or municipal wastes.  Focusing on settlements means the interim
policy indicates how EPA will attempt to reach voluntary
agreements for responsible party financing and/or cleanup of
sites involving municipalities or municipal wastes.  Nothing in
the interim policy affects any party's potential legal liability
under CERCLA.  Any decision EPA makes in exercising its
enforcement discretion under this interim policy does not mean
that potential CERCLA legal liability no longer applies.  In
particular, nothing in the interim policy precludes a third party
from initiating a contribution action.
     Focusing on settlements involving municipalities or
municipal wastes means that the primary intent of the interim

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                                    OSWER  DIRECTIVE  #9834.13
 policy is to address questions  about how  EPA should handle
 municipalities or municipal  wastes  in  the Superfund settlement
 process.   However/  in the process of addressing those  questions
 we found  it necessary to address other issues  relating to private
 parties and certain kinds of commercial,  institutional,  or
 industrial wastes.   We have  addressed  these related issues
 because private parties sometimes handle  municipal  wastes,
••private parties generate some waste streams that  are similar  in
 nature to municipal wastes,  and municipal and  industrial wastes
 ar© sometimes co-disposed at the same  site (particularly
 municipal landfills).
      Specific questions that have been examined by  EPA as part of
 this interim policy relate to who should  be included in the
 information gathering process,  who  should be notified  as.
 potentially responsible parties, how municipalities should be
 handled in the settlement process,  and how the treatment of
 municipalities and municipal wastes affects the Agency's
 treatment of private parties and certain  kinds of commercial,
 institutional, or industrial wastes.
 IV.  Whv  Settlement Involving Municipalities  or Municipal Wastes
      Is An Issue
      Involving municipalities and municipal wastes in  the
 Superfund settlement process is an  issue  because  questions have
 been raised about how such parties  and wastes should be treated
 in the settlement process.  Until the development of  this interim

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                                   OSWER DIRECTIVE  19834.13
 policy,  EPA had  not  addressed these questions from  a national
 perspective.   This issue  is  important because there are a
 significant number of proposed and final sites on the National
 Priorities  List  (NPL) that involve municipalities or municipal
 wastes,  and EPA  expects more of these sites to be added to the
 NPL  in .the  future.
     EPA has identified 320  (about 25%) of the 1219 proposed and
 final NPL sites  that may  involve municipalities or  municipal
 wastes.  Of those sites,  236 (about 20%) have been  classified as
 municipal landfills.  EPA defines a municipal landfill as any
 landfill, either publicly or privately owned, which has received
 municipal solid  waste.  Although it is difficult to accurately
 predict  how many of  those sites involving municipalities or
 municipal wastes may be added to the NPL, historically about 20%
 of each  NPL update has included municipal landfills.  Municipal
 landfills are particularly complex sites to address because they
 typically involve multiple responsible parties (sometimes
 hundreds of different parties), multiple sources of wastes (often
municipal and industrial  wastes), as well as diverse waste
 streams  (in terms of amount  and toxicity).
V.   Discussion  of Interim Policy
     In  the development of this interim policy, EPA has examined
 a variety of issues  and options for addressing these issues.
We have  also made an effort  to provide meaningful opportunities
 for interested parties to participate in the debate about

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                                   OSWER DIRECTIVE #9834.13
municipal settlements.  EPA has listened to all sides of the
debate and has attempted to develop an approach that is both fair
and manageable.
     A.   Public Input
     Throughout the development of this interim policy, EPA has
established and maintained an extensive dialogue with a full
range of interested parties.  For example, in March of 1988
EPA sponsored a Municipal Settlement Conference attended by over
100 representatives from State and local governments and
organizationsJL industry/ environmental, and other groups; as well
as Congressional staff.  EPA sought input from all interested
parties to facilitate our efforts to develop a fair assessment of
                    *
the issues^ particularly from municipal and industrial
representatives who are most directly affected by the interim
policy.  Both municipalities and private parties are affected by
this interim policy because, as mentioned above, both
municipalities and private parties handle municipal waste,
private parties generate waste streams that have similar
characteristics to municipal waste streams, and municipal and
industrial waste streams are often co-disposed at individual
sites.
     As a followup to this conference, EPA established the
Municipal Settlement Discussion Group.  The discussion group met
in. June, August, and October of 1988 and was generally comprised
of the same groups and interests that participated in the March

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                                    OSWER DIRECTIVE  #9834.13
 conference.   All  discussion group meetings were  open to  the
 public and a notice of each meeting was  published in the Federal
 Register.
      The purpose  of this  dialogue has been for EPA  to  inform  the
 public about the  issues that the Agency  is addressing  as part of
 our effort to develop  the Municipal Settlement Policy.   At the
 same time, the Agency  has sought to stimulate the public debate
 about these  issues  by  providing a public forum for  the exchange
 of  ideas.  The conference and discussion group activities have
 been conducted as an information exchange and public debate
 exercise.  EPA has  not requested recommendations nor attempted to
                                  *
 reach a consensus among the various parties.  Minutes  of all
 meetings have been  prepared and are available to the public upon
 request.
      A final  meeting of the discussion group is  expected to be
 held in January 1990,  before the close of the 60 day public
 comment period.   The purpose of this meeting will be to  discuss
 the  interim policy  and to further facilitate public comment.   A
 notice  of this  meeting will  be published  in the  Federal  Register.
Minutes of this meeting will  be kept and  made available  to the
public upon request.
     B.   EPA Consideration  of Competing  Public  Interests
     Input from the public has played an  important role  in EPA's
development of this  interim policy.   Within,the  context  of
CERCLA's statutory language  and objectives,  EPA  has considered

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                                   OSWER DIRECTIVE #9834.13
the competing interests and objectives of the various parties
interested in this issue, especially municipalities and private
parties who are directly affected by the interim policy.  EPA has
developed an interim policy which the Agency believes is
appropriate, is in the interests of the public, and is fair to
both municipalities and private parties as well as one which can
be managed and implemented by EPA's Regional offices.  The
following examples highlight how EPA considered competing
interests on key issues.  The discussion below only summarizes
(and sometimes paraphrases) certain key aspects of the interim
policy; readers should refer to the interim policy itself for an
                         *
indication or clarification of how EPA will proceed.
     1.   Treatment of municipalities as owners/operators;  Some
interested parties expressed uncertainty about whether potential
CERCLA liability should  apply to municipal owners/operators of
facilities where hazardous substances are present.  In addition,
there are different views about how municipal owners/operators
should be handled in the settlement process.  For example, some
municipal representatives have suggested that when potential
owner/operator liability applies that municipalities should be
given "special treatment"  (e.g., provided with an early
opportunity to meet with EPA to resolve their potential
liability).  Industry representatives have indicated that
municipal owners/operators should be handled the same as other
                                 3

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                                   OSWER DIRECTIVE  #9834.13
 PRPs  and  should  be part  of the  larger settlement process that may
 involve other parties, including private parties.
      EPA's  interim policy clarifies that municipal  owners/
 operators may be potentially liable just like private parties,
 and that  such parties will generally be notified and handled in
 the same manner  during the settlement process as private parties.
      2-   Treatment of generators/transporters of municipal
 wastes and  certain kinds -of commercial. institutional. or
 industrial  wastes:  There are different views on whether the
 generators/transporters  of municipal wastes  (e.g.,  municipal
 solid waste and  sewage sludge)  (usually municipalities) should be
 notified that they are considered to be potentially responsible
 parties and brought into the Superfund settlement process.
 Municipalities and some  States  do not believe it is appropriate
 to include  the generators/transporters of municipal wastes as
 potentially responsible  parties.  Industry representatives have
 generally taken  the opposite view.
      EPA's  approach to this issue is as follows: when the source
 of the municipal waste is believed to come from households,
 regardless  of whether household hazardous waste may be present,
the general policy is to exclude such municipal wastes from the
Superfund settlement process, unless the Region obtains site-
specific information that the municipal solid waste or sewage
sludge contains a hazardous substance from a commercial,
institutional,  or industrial' process or activity.

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                                   OSWER DIRECTIVE 19834.13
     The only exception to this general policy is that EPA may
consider bringing generators/transporters of municipal solid
waste that contains a hazardous substance derived only from
households into the settlement process as potentially responsible
parties if the total privately generated commercial,
institutional, and industrial waste at the site is insignificant
compared to the municipal solid waste.  EPA expects this
exception to be sparingly applied.
     When we are dealing with industrial wastes (including low-
hazardous industrial wastes), the generators/transporters of the
wastes will generally be notified as potentially responsible
parties because the source of the waste is a commercial,
institutional, or industrial process or activity.
     One question raised by the interim policy relates to how EPA
will handle trash from a commercial, institutional, or industrial
entity which is very similar to municipal solid waste that is
derived from households.  Although the source of the waste in
this situation- is not households, when the generator/transporter
shows EPA that its waste is very  similar to that generated by
households and that it is not the result of a commercial,
institutional, or industrial process or activity, the
generator/transporter generally will not be notified as a
potentially responsible party by  EPA and brought into the
Superfund settlement process.
                                10

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                                   OSWER DIRECTIVE #9834.13
     In carrying out this approach, EPA is exercising its
enforcement discretion in determining whether we will treat
generators/transporters as potentially responsible parties for
certain categories of wastes.  EPA believes this approach is fair
and manageable.  For example, this approach treats municipalities
and private parties that handle the same waste streams in the
same manner (e.g., municipal generators/transporters of municipal
solid waste are treated the same as private party generators/
transporters of such waste).
     This approach also treats different waste streams in a
logical and consistent manner.  A key factor in determining
whether to notify generators/transporters of municipal solid
waste, sewage sludge, trash from a commercial, institutional, or
industrial entity, or low-hazardous industrial wastes is tied to
whether a hazardous substance is present that is derived from a
commercial, institutional, or industrial process or activity.
     Finally, this approach is one that can be effectively
managed and implemented by EPA's Regional offices.  For example,
based on our experiences at Superfund sites, especially municipal
landfills, we believe that it is generally not a cost-effective
use of our enforcement resources to pursue those generators/
transporters whose only contribution at a Superfund site appears
to have been substances that may have been contaminated only with
relatively small quantities of household hazardous waste  (e.g.,
municipal solid waste).  The resource-intensive nature of

                                11

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                                    OSWER DIRECTIVE  #9834.13
 obtaining sufficient evidence to demonstrate  the presence of
 household hazardous waste* as well as the potentially  increased
 transaction costs of settlement and/or litigation far outweigh
 the possible benefit the Government may derive  from obtaining
 cleanup costs from such parties.   The Agency  believes that its
 enforcement resources are better spent on pursuing  other
 potentially responsible parties to achieve the  cleanups needed to
 effectively implement the Superfund program and to  protect human
 health  and the environment.
      3.    Role of municipalities  in the settlement  process:
 There are also different views  on the appropriate treatment of
 municipalities vis-a-vis private  parties in the settlement
 process  (i.e.,  whether municipalities should  receive  "special
 treatment"  because they are  governmental entities).
 Municipalities  generally believe  they should  be treated
 differently than  private potentially responsible parties while
 industry  generally believes  they  should not.'
     EPA  believes that municipalities and private parties should
 generally be handled  in the  same  manner in the  settlement
 process.  Handling municipalities and private parties the same
means that  EPA  will seek information in appropriate circumstances
 from all  parties,  including  municipalities.   This also means that
 all parties who are owners/operators of facilities  will generally
be notified as  potentially responsible parties.
                                12

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                                   OSWER DIRECTIVE  #9834.13
      Relating to  municipal  solid waste or sewage sludge, all
 parties who  are generators/transporters (either municipalities or
 private parties)  are generally exempt from notification unless we
 obtain site-specific information that the waste contains a
 hazardous  substance from a  commercial, institutional, or
 industrial activity or process.  In  instances relating to
 notification as a potentially responsible party, we focus on the
 nature/source of  the waste, not whether the party is a
 municipality or private party.
      The interim  policy also handles municipalities arid private
 parties essentially in the  same manner once they are notified as
 potentially  responsible parties by attempting to negotiate and
 settle with  such  parties as one group, unless separate
 settlements  such  as de minimis settlements pursuant to Section
 122(g) of  CERCLA  are appropriate.  Nevertheless, EPA does
 recognize  that municipalities have unique characteristics as
 governmental  entities which EPA may take into account when
 designing  specific settlements (e.g., by considering delayed
payments,   delayed payment schedules, or in-kind contributions
under appropriate circumstances).
             81
Date                               Don R. Clay/yAssistant
                                   Administrate^:, Office of Solid
                                   Waste and Emergency Response
                                13

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        SECTION III
REPORTS ON MUNICIPAL WASTE

-------

-------
  REPORT ANALYZES MUNICIPAL WASTE
   COMBUSTION ASH, ASH EXTRACTS,
AND LEACHATES -- Environmental Fact Sheet

-------

-------
             Un Red State*            Solid Wist* and
             Environmental Protection      Emergency Response      .   EPA/530-SW-90-029O
             Aflency               (OS-30S)                Apni 1990
             OffteeefSoHdWMte                         ~"

             Environmental

             Fact Sheet
             REPORT ANALYZES MUNICIPAL
             WASTE COMBUSTION ASH, ASH
             EXTRACTS, AND LEACHATES


BACKGROUND
Incineration of municipal solid waste (MSW) has become an important
part of integrated waste management. Besides being an effective
means of reducing the volume of MSW. incineration is also a source of
energy recovery. As incineration of MSW has increased in recent years.
so has concern over the management of municipal waste combustion
(MWC) ash. EPA and the Coalition on Resource Recovery and the
Environment (CORRE) cosponsored this study to characterize ash and
to gain a better understanding of how it behaves in the environment.

The study was conducted to characterize MWC ash, laboratory extracts
of MWC ash. and leachates from ash disposal facilities. Combined
bottom and fly ash samples from five state-of-the-art mass burn
municipal waste combustion facilities were collected. Leachate
samples from the companion ash disposal facilities also were collected.
The ash samples were subjected to six laboratory extraction
procedures.

CONCLUSIONS
  — Ash frequently fails EPA-approved tests for determing whether
     wastes are regulated as hazardous, because it leaches lead
     and cadmium at levels of concern.

  — The disposal of ash in a well-designed monofill greatly reduces
     the teachability of constituents of concern such as lead and
Although the data indicate that ash frequently fails the test used to
determine whether a waste is hazardous, there has been considerable
controversy over whether Congress intended to exempt ash from energy
recovery MWCs from hazardous waste controls. Two recent court
decisions ruled that ash is exempt from regulation as a hazardous
waste. These cases are expected to be appealed.
                                                  r.plmss...

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Regardless of the outcome of these cases. Congress is considering
legislation that would regulate all ash as a special waste and require
stringent management controls for ash from the point of generation
through disposal or recycling. EPA continues to support such
legislation so that all ash can be handled in a manner which protects
human health and the environment.

AVAILABILITY
The full report. Characterization of Municipal Waste Combustion Ash,
Ash Extracts, andLeachates (EPA/530-SW-90-029A). can be pur-
chased from the National Technical Information Service (NTIS). U.S.
Department of Commerce, Springfield, VA 22161: telephone
703-487-4650. The document number is PB  90-187-154. A limited
number of copies of the Executive Summary (EPA/530-SW-90-029B)
and copies of this Fact Sheet can be obtained free of charge.

All publications can be ordered by contacting the RCRA Hotline,
Monday-Friday, 8:30 a.m. to 7:30 p.m., EST. The national, toll-free
number is (800) 424-9346; TDD (800) 553-7672 (hearing impaired).
In Washington. D.C.. the number is (202) 382-3000; TDD (202)
475-9652. Send written requests to: RCRA Docket Information Center
(RIC). Office of Solid Waste (OS-305). U. S. EPA, 401 M Street SW,
Washington, DC 20460.

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CHARACTERIZATION OF MUNICIPAL SOLID WASTE
     IN THE UNITED STATES:  1990 Update —
            EXECUTIVE SUMMARY

-------

-------
&EPA
                United States
                Environmental Protection
                Agency
             Solid Waste and
             Emergency Response
             (OS-305)
EPA/530-SW-90-042A
June 1990
Characterization of
Municipal Solid Waste in the
United States: 1990 Update
Executive Summary

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                        EPA/530-SW-90-042A
 Characterization  of Municipal
   Solid Waste in the United
       States:  1990  Update

       Executive Summary
             June 13,1990
United States Environmental Protection Agency

          Office of Solid Waste

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                                    Acknowledgements
       The report, Characterization of Municipal Solid Waste in the United States: 1990 Update,
was developed under EPA contract No. 68-01-7310 under the direction of Paul Kaldjian at EPA
Appreciation is extended to the many individuals in the Office of Solid Waste who reviewed and.
commented on drafts of the report. EPA also wishes to give special thanks to Jo Nord, the artist
of the cover illustration.
                                    Ordering Information

         The complete report is available through the National Technical Information Service
     (NTIS).  To order, call NTIS at (703)  487-4650.  A fact sheet highlighting  the major
     findings of the report  is also  available.   To obtain additional copies of this  Executive
     Summary (EPA/530-SW-90-042A) or the fact sheet (EPA/530-SW-90-042B) at no charge,
     call the RCRA/Superfund Hotline at (800) 424-9346; TDD (800) 553-7672 for the hearing
     impaired.  In Washington, DC, the number is (202) 382-3000; TDD (202) 475-9652.
                                 Printed on Recycled Paper
                                                                                                J

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          CHARACTERIZATION OF MUNICIPAL SOLID WASTE
                        IN THE UNITED STATES
                              1990 Update

                          Executive Summary

      Many areas of the United States currently face serious problems in
 safely and effectively managing the garbage they generate.  As a nation, we are
 generating more trash than ever before.  At the same time, we are finding
 that there are limits to traditional trash management practices. As the
 generation of municipal solid waste (MSW) continues to increase, the
 capacity to handle it is decreasing.  Many landfills and combustors have
 closed, and new disposal facilities are often difficult to site. As a result, many
 communities face hard choices when weighing trash management options.
 Some communities end up paying premium prices to transport their garbage
 long distances to available facilities. Others try to site facilities nearby and
 encounter intense public conflict.  Of course, not all communities face such
 problems; numerous communities have found creative solutions through
 source reduction and recycling programs. Still, for much of the nation, the
 generation and management of garbage presents problems that require our
 focused attention.

      Identifying the components of the waste stream is an important step
 toward solving the problems associated with the generation and management
 of garbage. MSW characterizations, which analyze the quantity and
 composition of the municipal solid waste stream, involve estimating how
 much MSW is generated, recycled, combusted, and disposed of in landfills.
 By determining the makeup of the waste stream, waste characterizations also
 provide valuable data for setting waste management goals, tracking progress
 toward those goals, and supporting planning at the national, state, and local
 levels. For example, waste characterizations can be used to highlight
 opportunities for source reduction and recycling and provide information on
 any special management issues that should be considered.

 Features of This Report

      This report is the most recent in a series of reports released by the U.S.
Environmental Protection Agency (EPA) to characterize MSW in the United
States. It characterizes the national waste stream based on data through 1988
and includes:

      •     Information on MSW generation from 1960 to 1988.
      •     Information on recovery for recycling, composting, and
            combustion from 1960 to 1988.
      •     Information characterizing MSW by volume as well as by
            weight.
                                ES-1


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       •      Projections for MSW generation to the year 2010.
       •      Projections for MSW combustion through 2000.
       •      Projections (presented as a range) for recovery and recycling
              through 1995.

       Unlike previous EPA characterization reports, this report does not
include long-range projections for materials recovery.  This is due to the
significant uncertainties in making those projections.  For example, rapid
changes are now taking place at the federal, state, and local level that may
have profound effects on  such projections.  In addition, shifts in consumer
attitudes and behaviors, industry practices and efforts, and technological
advances will greatly influence recovery and recycling. The potential impact
of all of these changes is very difficult to predict.

       Readers  should note that this report characterizes the municipal solid
waste stream of the nation as  a whole.  The information presented here may
not, therefore, correlate with individual state or local estimates of waste
generation and management.
                                     DEFINITIONS      %,

       Municipal solid waste includes wastes such as durable goods, nondurable goods,
       containers and packaging, food wastes, yard wastfs, and miscellaneous inorganic wastes
       from residential, commercial, institutional, and industrial sources. Examples of waste
       from these categories include appliances, newspapers, clothing, food scraps, boxes,
       disposable tableware, office and classroom paper, wood pallets, and cafeteria wastes.
       MSW does not include wastes from other sources, such as municipal sludges, combustion
       ash, and industrial nonhazardous process wastes that might also be disposed of in
       municipal waste landfills or incinerators.

       Generation refers to the amount (weight, volume, or percentage of the overall waste
       stream) of materials and products as they enter the waste stream and before materials
       recovery, composting, or combustion (incineration) takes place.

       Recovery refers to materials removed from the waste stream for the purpose of recycling
       and/or composting. Recovery does not automatically equal recycling and composting,
       however, for example, if markets for recovered materials are not available, the
       materials that were separated from the waste stream for recycling may simply be
       stored or, in tome cases, sent to a landfill or incinerator.

       Placard* include the municipal solid waste remaining after recovery for recycling and
       composting. These discards are usually combusted or disposed of in landfills, although
       some MSW is littered, stored, or disposed of on site, particularly in rural areas.
                                     ES-2

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 Methodology

       There are two primary methods for conducting a waste characterization
 study. The first is a site-specific approach in which the individual
 components of the waste stream are sampled, sorted, and weighed. Although
 this method is useful for defining a local waste stream, extrapolating from a
 limited number of studies can produce a skewed or misleading picture if used
 for a nationwide characterization of waste.  Any errors in the sample or
 atypical circumstances encountered during sampling would be greatly
 magnified when expanded to represent the nation's entire waste stream.

      The second method, used in this report to estimate the waste stream on
 a nationwide basis, is called the "material flows methodology." EPA's Office
 of Solid Waste and its predecessors in the Public Health Service sponsored
 work in the 1960s and early 1970s to develop the material flows methodology.
 This methodology is based on production data (by weight) for the materials
 and products in the waste stream, with adjustments for imports, exports, and
 product lifetimes.

 Report Highlights

      This report underscores the problems  we face in municipal solid waste
management: the generation of MSW continues to  increase steadily, both in
overall tonnage and in pounds per capita. In addition, the report indicates
that materials recovery for recycling and the combustion of MSW have
increased in recent years, while discards to landfills have decreased. Major
findings include the following:

      •     In 1988,180 million tons, or 4.0 pounds per person per day of
            MSW were generated. After materials recovery for recycling,
            discards were 3.5 pounds per person per day.  Virtually all of
            these discards were combusted or sent to a landfill.

      •     Without source reduction, the amount of waste generated in
            1995 is expected to reach 200 million tons, or 4.2 pounds per
            person per day. By 2000, generation is projected to reach 216
            million tons, or 4.4 pounds per person per day. The per capita
            figure for the year 2000 is a 10 percent  increase over 1988 levels.

      •     Based on current trends and information, EPA projects that 20 to
            28 percent of MSW will be recovered annually by 1995.
            Exceeding this projected range will require fundamental changes
            in government programs, technology,  and corporate and
            consumer behavior.
                                 ES-3

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       •     Recovery of MSW materials for recycling was 13 percent in 1988.
             Combustion was 14 percent of total generation, and the
             remaining 73 percent of the municipal solid waste stream was
             sent to landfills or otherwise disposed of.

       •     For the first time in this series of characterization reports, MSW
             is also characterized by volume.  The results indicate which
             materials in MSW occupy the greatest proportion of volume in
             landfills, and compare these percentages to those by weight For
             example, paper and paperboard products make up 34 percent of
             the discards (after recovery) by weight and 34 percent by volume;
             plastics account for 9 percent by weight and 20 percent by
             volume; and yard wastes make up 20 percent by weight and 10
             percent by volume.

 Municipal Solid Waste in 1988

       In 1988, generation of municipal solid waste totaled 179.6 million tons.
 Figure ES-1 provides a breakdown by weight of the materials generated in
 MSW in 1988. It shows that paper and paperboard products are the largest
 component of municipal solid waste by weight (40 percent of generation) and
prard wastes are the second largest component (roughly 18 percent of
^generation).  Four of the remaining materials in MSW — glass, metals,
 plastics, and food wastes — range between 7 and 9 percent each by weight of
 total MSW generated.  Other materials in MSW include rubber, leather,
 textiles, wood, and small amounts of miscellaneous wastes, which each made
 up less than 4 percent of MSW in 1988.

       The breakdown of how much waste went to recycling, combustion, and
 landfills is shown in Figure ES-2. Recovery of materials for recycling and
 composting was an estimated 13 percent in 1988.  That amount varied
 significantly according to the type of waste (Table ES-1). For example, nearly
 26 percent of waste paper was recovered in 1988, while less than 2 percent p£
 plastic wastes were recovered!/*^    ';"   '"" •      ' -.
                             ''  ~ ' " ''* " ' ' '
       The broad categories of materials in MSW are made up of many
 individual products.  The products are grouped into major product categories
 as shown in Ffgure ES-3. In 1988, containers and packaging were the largest
 single product category generated in MSW by weight, at roughly 32 percent of
 the total.  Nondurable goods (such as newspapers and disposable food service
 items) were the second largest category, at 28 percent of the total. Yard wastes
 were approximately 18 percent and durable goods (such as furniture and tires)
 were 14 percent of total generation in 1988.
                                  ES-4

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  MATERIALS  GENERATED IN MSW
            BY WEIGHT,  1988
     Yard Wastes, 17.6%
      31.6 million tons
 Paper, 40.0%
71.8. million tons
 Metals, 8.5%
15.3 million tons
                                   Glass, 7.0%
                                 12.5 million tons
                                   Plastics, 8.0%
                                   14.4 million tons
                                    Other, 11.6%
                                  20.8 million tons
                               Food Wastes, 7.4 %
                                13.2 million tons
     TOTAL WEIGHT - 179.6 million tons
               FIGURE ES-1
                     ES-5

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   MANAGEMENT OF  MSW  IN U.S.,
                   1988
 Landfill, 72.7%
130.5 million tons
                                  Recovery, 13.1%
                                  23.5 million tons
                                 Incineration, 14.2%
                                 25.5 million tons
     TOTAL WEIGHT - 179.6 million tons
               FIGURE ES-2
                     ES-6

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              TABLE ES-1

 Generation of MSW, Recovery of Materials
and Composting of Food and Yard Waste, 1988

Paper and Paperboard
Glass
Metals
Ferrous
Aluminum
Other Nonferrous
Total Metals
Plastics
Rubber and Leather
Textiles
Wood
Other
Total Nonfood Product Wastes
Other Wastes
Food Wastes
Yard Wastes
Miscellaneous Inorganic Wastes
Total Other Wa«ta»
Total MSW
Weight
Generated
(in Millions
of Tons)
71.8
12.5
11.6
2.5
1.1
15.3
14.4
4.6
3.9
6.5
3.1
132.1
13.2
31.6
47.5
179.6
Weight
Recovered
(in Millions
of Tons)
18.4
1.5
0.7
0.8
0.7
2.2
0.2
0.1
0.0
0.0
-M-
23.1
0.0
0.5
0.0
0.5
23.5
Percent of
Generation
of Each
Material
25.6
12.0
5.8
31.7
65.1
14.6
1.1
2.3
0.6
0.0
21.7
17.5
0.0
1.6
0.0
1.1
13.1
             ES-7

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    PRODUCTS  GENERATED IN  MSW
              BY WEIGHT,  1988
     Durable Goods, 13.9%
      24.9 million tons
    Other, 1.5%
  2.7 million tons
Containers/Packaging, 31.6%
    56.8 million tons
Nondurable Goods, 28.1%
   50.4 million tons
                                     Food Wastes, 7.4%
                                      13.2 milion tons
    Yard Wastes, 17.6%
     31.6 million tons
       TOTAL WEIGHT « 179.6 million tons
                  FIGURE  ES-3
                        ES-8

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  MSW Volume Estimates

       Although solid waste is usually characterized by weight, information
  about volume is important for such issues as determining how quickly
  landfill capacity is being filled and identifying the rate at which the volumes
  of various materials in the waste stream are changing.

       Volume estimates of solid waste, however, are far more difficult to
  make than weight estimates.  A pound of paper is a pound of paper whether
  it is in flat sheets,  crumpled into a wad, or compacted into a bale, but the
  volume occupied  in each case will be very different. The figures in this report
  are estimations of the volume of materials as they would typically be found
  in a landfill (a significant amount of compaction occurs in a landfill). These
  estimates are based largely on empirical data that are then used to estimate
  density factors (pounds per cubic yard) for components of solid waste under
  simulated landfill conditions, with corroboration from actual landfill studies.

       Figure ES-4 shows the materials in MSW by volume as a percent of
-  total MSW discards in 1988. The paper and paperboard category ranks first in-
I volume of MSW discarded (34 percent). Plastics rank second in volume, at 20
|percent of the total, and yard wastes are third, at 10 percent. Paper and plastics
tcombined account for over one-half of the volume of MSW discarded in 1988.

       Table ES-2  compares 1988 volume and weight estimates for materials
 in MSW contained in the report The right-hand column shows the ratio of
 volume to weight for each material. A ratio of 1.0 means that the material
 occupies the same proportion by volume as by weight. Values greater than 1.0
 mean  that the material occupies a larger proportion of volume than weight.
 Four materials have ratios greater than 2.0: plastics, rubber and leather,
 textiles, and aluminum. By contrast, yard wastes, food, and glass each have
 ratios  of 0.5 or less/ indicating that these materials are quite dense and occupy
 proportionately less volume in landfills.

       Figure ES-5 shows the product categjpes that make up MSW by
 volume of total discards  in 1988. Nondurable goods rank first in  volume
 percentage at 34 percent. Containers and packaging are second in volume
 (roughly 30 pecent), and durable goods are third (approximately 22 percent).

 Trends in MSW Generation, Recovery, and Discards

       Generation of municipal solid waste grew steadily between  1960 and
 1988, from 88 million to nearly 180 million tons per year.  Per capita
 generation of MSW increased from 2.7 pounds per person per day in 1960 to
 4.0 pounds per person per day in 1988. Between 1986 and 1988, generation
 increased from 3.8 to 4.0 pounds per person per day (167 million to 180
 million tons per year). By 2000, projected per capita MSW generation is 4.4
                                  ES-9

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    LANDFILL  VOLUME  OF DISCARDS
                 IN MSW, 1988
          Metals, 12.1%
     48.3 million cubic yards
  Yard Wastes, 10.3%
     41.3 million
     cubic yards
    Glass, 2.0%
7.9 million cubic yards
    Paper, 34.1%
136.2 million cubic yards
          Plastics, 19.9%
           79.7 million
           cubic yards
                                       Other, 18.4%
                                       73.4 million
                                       cubic yards
      Food Wastes, 3.3 %
    13.2 million cubic yards
    TOTAL VOLUME * 400 million cubic yards
                  FIGURE ES-4
                        ES-10

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             TABLE ES-2



Volume of Materials Discarded in MSW, 1988

Paper and Paperboard
Plastics
Yard Wastes
.Ferrous Metals
Rubber and Leather
Textiles
Wood
Food Wastes
Other
Aluminum
Glass
TOTALS
1988
Discards
(mil tons)
53.4
14.3
31.0
10.9
4.4
3.8
6.5
13.2
5.6
1.7
11.1
156
Weight
(%ofMSW
total)
34.2
9.2
19.9
7.0
2.9
2.5
4.2
8.5
3.6
1.1
100
Volume
(% of MSW
total)
34.1
19.9
10.3
9.8
6.4
5.3
4.1
3.3
2.5
23
-M.
100
Ratio
(vol %/
wt%)
1.0
2.2
0.5
1.4
2.3
2.1
1.0
0.4
0.7
2.1
0.3
1.0
        ES-11

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    PRODUCTS  DISCARDED IN MSW
             BY  VOLUME, 1988
Durable Goods, 22.2%
    88.5 million
    cubic yards
    Other, 0.6%
     2.2 million
    cubic yards
Containers/Packaging, 29.6%
  118.1 million cubic yards
                                     Food Wastes, 3.3%
                                        13.2 million
                                        cubic yards
        Yard Wastes, 10.4%
           41.3 million
           cubic yards
                              Nondurable Goods 34.0%
                              135.6 million cubic yards
   TOTAL VOLUME *  400  million cubic yards
                 FIGURE ES-5
                        ES-12

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pounds per person per day (216 million tons).  Projected MSW generation in
the year 2010 is-over 250 million tons, or 4.9 pounds per person per day.
Figure ES-6 shows the generation (in millions of tons) of materials in MSW
between 1960 and 1988 with projections to 2010.

      Recovery has increased gradually from about 7 percent of the waste
generated in 1960 to 13 percent in 1988. Recovery is projected to reach
between 20 percent and 28 percent of MSW generated in 1995. These
projections are presented as a range because of the  many unpredictable factors
that might influence the growth of recovery and recycling over the next 5
years.  These factors include possible changes in the Resource Conservation
and Recovery Act (RCRA), which regulates the treatment, storage, and
disposal of the nation's solid waste; other federal and state legislative
proposals; deposit bills; bans; regional  and local efforts; municipal waste
combustion and landfill source separation proposals;  municipal source
reduction and recycling programs; industry efforts  and recycling technology.
While specific predictions about recycling might be misleading, EPA believes
that with fundamental changes in activities and programs related to recycling,
we can achieve even higher recycling rates than those projected.

      Combustors handled an estimated 30 percent of MSW generated in
1960, most of them with no energy recovery and no air pollution controls.  In
the 1960s and 1970s, combustion dropped steadily as the old incinerators were
dosed, reaching a low of less than 10 percent of MSW generated by  1980.
More recently, combustion of MSW has been increasing again (to 25.5 million
tons, or roughly 14 percent of generation, in 1988). All major new facilities
have energy recovery and are designed to meet air pollution standards.

      The report projects that more than 45 million tons of MSW will be
combusted in 1995, and 55 million tons will be combusted in 2000.  It should
be noted that because  of the long lead  time in planning, permitting, and
constructing incineration facilities, projections for  combustion are easier to
make than projections for recovery.  Estimates  of combustion projections are
based on assumptions that assume the facilities will operate at 80 percent of
capacity.

      Landfilfrvae fluctuates with changes in the use of alternative solid
waste management methods.  For example, when  the use of incineration for
MSW management declines and recovery rates are low, the MSW percentage
sent to landfills increases.  Alternatively, when recovery and combustion of
MSW increase, the percentage of MSW discarded to landfills declines. In
1960, approximately 62 percent of MSW was sent to landfills. This  increased
to 81 percent in 1980, then decreased to 73 percent in 1988 due to changing
trends in municipal solid waste management
                                 ES-13

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       U.S. MSW GENERATION,
               1960-2010
300
         1970
       Paper
       Other
1980   1988    2000
    YEAR
• Glass/Metal CZH Food/Yard
HI Plastics
2010
               FIGURE ES-6
                  ES-14

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      As we approach the twenty-first century, integrated waste management
is clearly the solution to our growing waste needs.  Through source reduction
and recycling, we can reduce generation and increase recovery, and, in turn,
reduce our reliance on combustors and landfills.
                                ES-15

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        SECTION IV
NATIONAL CONTINGENCY PLAN

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THE FINAL NATIONAL CONTINGENCY PLAN:
    NEW DIRECTIONS FOR SUPERFUND

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February, 1990
oEPA	



  The  Final  National  Contingency  Plan:

         New  Directions  For  Superfund


 Today EPA is issuing the final revisions to the National Contingency Plan (NCP), the regulatory
 blueprint for implementing the Superfund law. The Superfund program - the nation's effort to
 clean up abandoned toxic waste sites - has evolved significantly since its start nearly ten years ago.
 In 1986, Congress amended the Superfund law, adding major new authorities and responsibilities
 to the program.  Last year, the Environmental Protection Agency (EPA) undertook a thorough self-
 appraisal, the Superfund "Management Review," which includes a series of recommendations on
 how the program could be improved.  EPA believes that together the final NCP and the
 Management Review provide a firm basis for progress in cleaning up the nation's worst toxic
 waste problems.

 The NCP embodies the essential points of the Management Review of Superfund conducted last
 year.  The Management Review establishes a management framework for Superfund. With the
 promulgation of the NCP, EPA has revised its policy and regulatory framework for Superfund.
 Both documents describe what the program realistically can accomplish and emphasize the need
 for taking action at sites -- rather than prolonged investigation and analysis. The documents also
 recognize the importance of increased state participation and public involvement in the Superfund
 program.

 While the Management Review focuses on EPA's internal management, the NCP sets forth the
 legal requirements for how all federal agencies, states and private parties respond to toxic releases
 and oil spills. The NCP provides for a national system to respond to hazards caused by toxic
 waste and oil spills, a process for investigating and cleaning up toxic waste sites, environmental
 standards for cleanup, and a structured analytical process to promote consistency in deciding on
 cleanups across the country.

 Assuring  long-term protection.

 The NCP confirms EPA's commitment to seek  long-term solutions to toxic wastes problems
 near Superfund sites. Consistent  with the Superfund law, the NCP emphasizes  using
 treatment to eliminate or reduce to safe levels the threat posed by highly toxic waste. Treatment
 is given preference over covering up highly toxic waste or moving it to another location. Another
 important emphasis is on restoring contaminated resources - such as ground water which
 may be a source of drinking water - so that such valuable resources can be used safely.

 Taking action  quickly.

 The Management Review recognizes the importance of making sites safer in the near-term  by
 controlling acute threats Immediately.  The NCP provides the framework for taking early
 action at sites. Early actions are encouraged to stabilize or reduce the high-risk threats at a site.
 Longer-term investigations and analyses can then proceed. These investigations and analyses will
 still, however, be tailored to the scope and complexity of the site so  that the ultimate action(s) that
 provide long-term protection will be taken as quickly as possible.

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Setting realistic  expectations for Superfund.

The Management Review points out the need to have a clear statement of EPA's expectations about
what cleanup or remedy to implement at a site. The NCP includes a new program goal and lays
out a series of expectations to guide the process of deciding on remedies.

The  NCP's  program goal is to select remedies that protect human health and the
environment, that maintain protection over  time and that minimize untreated waste.
EPA believes that treating waste is the best method to achieve long-term protection.  Detailed
expectations are intended to inform the public of the types of remedies that EPA has selected, and
anticipates selecting, for certain types of sites, for example:

   *    Waste that poses a high level of risk, i.e., highly toxic or mobile waste, will be treated to
       reduce its toxicity or mobility.

   •    Waste left on-site after the Superfund action, i.e., waste that poses a relatively low long-
       term threat, will be controlled, generally by preventing further releases and capping the site.

   •    Many sites will use a combination of treatment and containment

   •    Ground water that is an actual or potential source of drinking water will be restored to
       levels safe for drinking, where practical.

   •    Soil will be restored to levels appropriate for current and reasonably potential uses.

Emphasizing  treatment  technologies.

 A major thrust of the Superfund law is to require more use of hazardous waste treatment
technologies. The Management Review points out the need to remove regulatory and policy
barriers to the use of treatment technologies. The NCP repeatedly emphasizes treatment.
Treatment Is the centerpiece  of the program goal  and expectations described above.
The NCP requires that preference be given to remedies that use treatment over remedies that do
not. Additionally, the NCP promotes use of Innovative technologies  in order to bolster the
development of new methods to provide long-term protection.

Defining Cleanup  standards.

The NCP, as directed by the Superfund law, requires that standards of protection under other
federal and state environmental laws be attained at Superfund sites. For example, standards for
drinking water under the Safe Drinking Water Act will be used as the cleanup level for water that is
or may be used for drinking at a Superfund site. When standards of protection under other laws
are not available, e.g., for a particular type of waste, the program will make a site-specific
determination on an appropriate cleanup level. For waste that may cause cancer, the risk posed by
the waste generally will be reduced to fall within an acceptable risk range - lO"4 to lO"6 - A range
of ID'4 to 10-6 is shorthand for a range of 1 in 10,000 to 1 in 1,000,000 with a presumption that
cleanup targets should be set at the more protective end of the range or 10"".

Increasing  public  participation.

From the inception of the Superfund program, EPA has recognized that the community affected by
a Superfund site should participate in Agency decision-making and should be informed of the
status of action at the site.  The Management Review recommends that EPA involve citizens even
more extensively in the process of making decisions about cleanups at Superfund sites.

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 status of action at the site. The Management Review recommends that EPA involve citizens even
 more extensively in the process of making decisions about cleanups at Superfund sites.

 The NCP ensures public Involvement in decision-making  by providing  opportunities for
 the public to  Inform EPA of concerns about a site,  to participate In the Investigation
 and analysis of a site and to review and comment on documents used in deciding on cleanups.
 The NCP requires that the public be allowed at least 30 days, which will be extended to 60 days on
 request, to complete its review and submit comments before EPA will decide on a cleanup To
 facilitate public understanding about the site further, a direct reference to the Technical Assistance
 Grants (TAG) program is made in the NCP. These grants allow communities to obtain the
 necessary technical expertise to review and comment on decision documents. Other public
 involvement requirements ensure that the community is kept informed on the status of action at the
 site. In addition to the minimum requirements, the NCP provides many suggestions for public
 involvement activities that should be considered for implementation at individual sites, including
 informing the public of the nature of discussions with potentially responsible parties.

 Strengthening  state  Involvement.

 The NCP provides opportunities for states to work with EPA to address the nation's worst toxic
 waste site problems. All states are strongly encouraged to participate with EPA in deciding on
 cleanups. Further, depending on a state's capability, the NCP authorizes the states to
 conduct Investigations, analyze alternatives and recommend the  selection of a remedy
 to EPA. EPA retains the ultimate authority to decide on cleanup remedies that use federal funds.
 States may also supervise design and construction of a remedy.

 Ensuring sites remain safe.

 The Management Review points out the need to monitor and maintain sites over the long-term. The
 NCP requires a review of a site where waste is left behind at least once every five years to ensure
 that the site remains safe. No site will be deleted from the National  Priorities  List (NPL)
 after completion of the cleanup until at least one five-year review  has  been conducted.

 Measuring  success.

 The Management Review notes that deletions of sites from the NPL arc not the only measure of
 progress for Superfund.  Major initiatives are underway within EPA to provide new measures of
 success. The NCP provides that sites where the remedy is complete will be described as
 "construction complete" sites to distinguish them from sites where action is either underway or
 about to start.

 Encouraging  Private party  cleanups.

 One emphasis of the Management Review is on maximizing the number of private party cleanups.
 Because the requirements of the NCP apply to both government and private party cleanups, EPA
 believes that private parry cleanups conducted under the NCP will not compromise environmental
 goals and will protect pubb'c health. EPA will provide oversight of private party cleanups
 conducted under the NCP.

 Conclusion.

EPA believes that the Superfund program is now making significant and meaningful progress in
reducing the hazards posed by the nation's worst toxic waste sites. The Management Review and
the final NCP provide the comprehensive management and regulatory tools needed to accomplish
the program's difficult objectives.

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QUESTIONS AND ANSWERS REGARDING THE 1990 NCP

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        \     UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
        |                WASHINGTON, D.C. 20460

   '\ •*&*•-"_

                                                     February 1990
           QUESTIONS AND ANSWERS REGARDING THg_1990 NCP



 INTRODUCTION

 What is the  National  Contingency  Plan  (NCP)?

    o  The  NCP is  the  major  framework regulation for the federal
       hazardous substance response program.  The NCP includes
       procedures  and  standards  for how EPA, other  federal
       agencies, states, and private parties respond under the
       Comprehensive Environmental Response, Compensation, and
       Liability Act  (CERCLA)  to releases  of hazardous  substances
       and  under the Clean Water Act to discharges  of oil.


What is  the  purpose of the  revisions to the NCP?

    o  CERCLA,  originally enacted  in 1980, was amended  by the
       Superfund Amendments  and  Reauthorization Act of  1986
       (SARA),  which mandates  that the  NCP be revised to implement
       the  requirements of SARA, particularly with  regard to
       procedures  and  standards  for remedial actions.

    o   The  revisions also clarify  1985  NCP language, reorganize the
       1985 NCP to describe  more accurately the sequence of
       response actions, and incorporate changes based  on program
       experience  since the  1985 revisions to the NCP.


What is the  relationship between  the revised NCP and the
Management Review of  the Superfund Program  (the 90-day Study)?

   o  The  1990 for final) NCP is  consistent with,  and  embodies the
       spirit of,  the  1989 Management Review of the Superfund
       Program.  Both documents  describe what the program
       realistically, can accomplish and emphasize the need  for
      taking action — rather than prolonged investigation and
      analysis — at sites.   The  documents also recognize  the
      importance  of increased state participation  and  public
      involvement in the Superfund program.  The documents differ
      in that  the Management  Review focused on EPA's internal
      management  of the program and left  certain national  policy
      decisions,  e.g., the  process of  deciding on  cleanups, to be
      addressed in the NCP.   EPA  believes that together the 1990

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                               -2-
      NCP and the Management Review  provide a  firm basis for
      progress in cleaning up the nation's worst toxic waste
      problems.


What are the major areas of change from the 1985 NCP to the 1990
NCP?

Note;  More detail on each of these  major changes is provided
below.

   o  Suboart E (Subpart F in the 1985 NCP) which addresses the
      elements of hazardous substance response is significantly
      revised.  EPA's process implements the  requirements  of
      CERCLA S 121 and focuses on selection of treatment
      technologies, uses nine specified criteria when  evaluating
      and selecting remedies, provides for conducting  early
      actions, and encourages streamlining of remedial activities,

   o  suboart F on state involvement is a new subpart  added  to
      implement the 1986 statutory mandate to promulgate
      regulations for substantial and meaningful state involvemel
      in CERCLA response actions.  The major new concepts are
      Superfund Memoranda of Agreement  (SMOAs) between EPA regions
      and states and EPA/state concurrence in remedy selection.

   o  Subpart I is a new subpart added to implement the 1986
      statutory requirements  for the establishment of an
      administrative record.  The record contains documents that
      form the basis for the  selection of a remedy at a CERCLA
      site.


What sections from th«  1985 NCP  have generally  remained unchanged?

   o  subpart A. the introduction,  defines key  terms
      and states the purpose, authority, applicability,
      and scope of the  NCP.  Some definitions have been added,
      e.g.,  "source control maintenance measures," and  some
      definitions have  been revised,  e.g.  "CERCLIS" and
      "cooperative agreement," but  most definitions remain
      unchanged.  -

   o  subpart B describes the organization and responsibility of
      federal agencies  regarding response activities.  For
      example, roles  and responsibilities of the National
      Response Team  (NRT)  and the Regional Response Teams (RRT)
      are described.  The revised Subpart B combines the 1985
      NCP's  Subparts  B  and C without major revisions.

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                               -3-
    o   Subpart  C addresses preparedness activities,
       federal  and  regional contingency plans, and planning
       responsibilities of state and local agencies.  The revised
       Subpart  C contains information from the 1985 NCP's Subpart D
       and adds information on 'SARA Title III.

    o   Suboart  D sets forth the phases of response to discharges
       of oil and contains no major revisions from the 1985 NCP.

    o   Subpart  G contains the designations of federal trustees to
       act on behalf of the President in assessing damages to
       natural  resources from discharges of oil or releases of
       hazardous substances.  Subpart G also outlines in general
       the responsibilities of trustees under the NCP.

    o   Subpart  H is a new subpart that consolidates 1985 NCP
       language on participation by other persons in response
       activities and recovery of their costs.  Persons conducting
       a cleanup may recover their costs from a party liable under
       CERCLA § 107 if they substantially comply with requirements
       of the NCP and conduct a "CERCLA-quality cleanup."

    o   Subpart  J on use of dispersants for oil spills is similar to
       the 1985 NCP's Subpart H; only minor clarifying revisions
       have been made.


Why was the NCP on a court-ordered schedule?

       o   In the fall of 1988, the Natural Resources Defense
          Council and several other national environmental groups
          sued EPA for failure to meet the statutory deadline
          (April 17, 1988) for revising the NCP.   EPA's response
          indicated that because of the magnitude  of the project,
          the  number of interests involved, and the Agency's
          efforts to achieve consensus among all parties, the
          process was taking longer than anticipated to complete.
          To resolve the litigation, the parties agreed to a
          schedule for completion of revisions to  the NCP that
          would result in the delivery of the 1990 NCP to the
          Federal Register by February 5, 1990.


How does the Hazard Ranking System  (HRS) relate to the NCP?

      o   The  HRS is Appendix A to the NCP  (40 CFR Part  300).   The
          HRS  is the mechanism used to evaluate whether  releases
          should be listed on the National  Priorities  List  (NPL).
          The  NPL is a list of releases that appear to  warrant
          long-term evaluation and response.  EPA proposed

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                               -4-
          revisions to the HRS in a separate rulemaking on
          December 23, 1988  (53 IB 51962).


What are some of the common abbreviations used in the NCP?

      ARARs — Applicable or relevant and appropriate
               requirements.
      FS — Feasibility study.
      HRS — Hazard Ranking System.
      NPL — National Priorities List.
      OSC — On-scene coordinator.
      O&M — Operation and maintenance.
      PRP — Potentially responsible party,
      RA -- Remedial action.
      RD — Remedial design.
      RI — Remedial investigation.
      ROD — Record of decision.
      RPM — Remedial project manager.
      SMOA — Superfund Memorandum of Agreement.
      TBC — Criteria, advisories or guidance to-be-considered.


REMOVAL PROGRAM

Hov is the removal program modified under the 1990 NCP?

   o  The NCP codifies the increase in the statutory time and
      dollar limits for Fund-financed removal actions from 6
      months and $1 million to 12 months and $2 million.

   o  The NCP also codifies a statutory exemption from these
      limits:  where continued response is otherwise appropriate
      and consistent with the remedial action to be taken.  EPA
      expects to use the exemption primarily for proposed and
      final NPL sites, and only rarely for non-NPL sites.

   o  The NCP confirms EPA's policy that removal actions will
      comply te the extent practicable with applicable or
      relevant and appropriate requirements under other federal or
      state environmental laws

   o  Requirements relating to community relations and
      administrative record are discussed  in other sections
      below.

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                               -5-
 REMEDIAL PROGRAM

 What changes  does the  1990 NCP make in the remedial response
 program?

    o  The final  rule implements the statutory requirements to
       select  remedies  that:

           Protect human health and the environment.

       —  Comply with  applicable or relevant and appropriate
           requirements (ARARs) under federal environmental or
           state  environmental or facility siting laws (or invoke a
           waiver).

           Are cost-effective.

       —   Use permanent solutions and treatment to the maximum
           extent practicable.

       —   Satisfy the preference for remedies in which treatment
           that permanently reduces the toxicity, mobility, or
           volume of hazardous substances, pollutants, or
           contaminants is a principal element.


What are some of the features of the final remedy selection
process?

   o  In the remedy selection process, a range of alternatives
      should be developed, representing distinct, viable
      alternative approaches to managing the site problem.  For
      source control response actions, a range of alternatives
      involving treatment as a principal element should be
      included, as well as containment and no-action
      alternatives,  as appropriate.  For ground-water response
      actions, alternatives should be developed that restore
      usable gjrpund water to beneficial uses within a time frame
      that is reasonable given particular site circumstances.

   o  The detailed analysis uses the following nine criteria to
      compare relative advantages and disadvantages of the
      alternatives under consideration:

      Threshold

      1.   Overall protection of human health and the
          environment.

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                               -6-
      2.  Compliance with applicable or relevant  and
          "appropriate requirements (or invoke  a waiver).

      Balancing

      3.  Long-term effectiveness and permanence.

      4.  Reduction of toxicity,  mobility,  or  volume through
          treatment.

      5.  Short-term effectiveness (e.g.,  environmental impacts of
          the cleanup itself).

      6.  Implementability (e.g., whether technology being
          considered is available within the necessary timeframe).

      7.  Cost.

      Modifying

      8.  State acceptance.

      9.  Community acceptance.


How does EPA intend that these categories of criteria be used?

   o  An alternative must meet the threshold criteria  in order to
      be selected; these requirements are taken directly from
      CERCLA and cannot be compromised.

   o  The balancing and modifying criteria ware developed to .
      encompass other CERCLA requirements.  One requirement is to
      use permanent solutions and treatment to the maximum extent
      practicable.  By including practicability, Congress appeared
      to acknowledge that not all of the waste at a site may be
      treated and that judgments would be required on  whether or
      to what extent permanent solutions and  treatment would be
      used  (and the extent to which waste is  left on-site).  EPA
      believes that these judgments are dependent upon site
      conditions and technological, economic  and implementation
      constraints.- By evaluating and  comparing  the alternatives
      by means of the balancing  and modifying criteria, the
      decision-maker can make the site-specific  judgments
      necessary to  select the most  appropriate approach.

   o  State and community concerns,  encompassed  by the modifying
      criteria, generally are  considered in altering  an otherwise
      viable approach rather than in deciding between very
      different approaches,  e.g.,  treatment versus  containment.

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                                -7-
 How does this process differ from the process outlined in the
 proposed NCP?

    o  The 1990 NCP process has  been  revised from what was
       proposed in order to encourage selection of more treatment
       remedies (and to comply with the CERCLA preference for
       remedies that employ treatment as a principal element).  The
       two criteria of "long-term  effectiveness and permanence" and
       "reduction of toxicity, mobility or volume through
       treatment" are given the  most  weight in the balancing
       process.

    o  Also,  the threshold,  balancing,  and modifying labels have
       been removed from the discussion of the nine evaluation
       criteria  during the  detailed analysis of alternatives.
       During the detailed  analysis,  each alternative approach
       should be evaluated  using each of the nine criteria, without
       assigning greater weight  to any of the criteria.  The
       categories of criteria are  now part of the remedy selection
       step.


What is  the  meaning of a "bias  for action" stated in the NCP?

    o  Bias for  action means that  actions should be taken, as
       early  as  possible, when necessary or appropriate to achieve
       significant  risk reduction  quickly, when phased analysis and
       response  is  necessary or  appropriate given the size or
       complexity of the site, or  to  expedite the completion of
       total  site cleanup.


What is  "streamlining?"

   o   Streamlining means tailoring site-specific data needs, the
       evaluation of alternatives,  and the documentation of  the
       selected Remedy to reflect  the scope and complexity of the
       specific  site problems being addressed.  For example, a
       streamlined  RI/FS can be  used  when site problems are
       straightforward such  that it would be inappropriate to
       develop a  full  range  of alternatives.


To what extent does EPA intend  to clean up ground water?

   o  The goal of  EPA's Superfund ground-water approach  is  to
      return usable ground  waters to their beneficial uses  within

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                               -8-
      a timeframe that is reasonable, given the circumstances  at
      the site.

   o  EPA intends to restore contaminated ground water that is a
      current or potential source of drinking water to levels  that
      are safe for drinking.  EPA intends to attain such levels
      throughout the contaminated plume, except directly below any
      waste that is left in place.


What is a "risk range" and how does it relate to selection of
remedial actions?

   o  Contaminants that are considered carcinogenic are thought to
      pose a risk at any level of exposure.  This risk may be
      small or large depending on the amount and duration of
      exposure and the type of carcinogen involved.  When
      Superfund cannot entirely eliminate potential exposure to a
      carcinogen, it determines that a remedy protects human '-
      health when the amount of exposure is reduced so that the
      risk is very small, i.e., at an acceptable level.

   o  The 1990 NCP states that generally acceptable levels fall
      within a range of 10"4 to 10~6.  This means that an
      acceptable exposure is when the excess risk to an individual
      of contracting cancer due to a lifetime exposure to a
      certain concentration of a carcinogen falls between 10~4 to
      10"6.

   o  The pr9posed revisions to the NCP had included a risk range
      of 10~4 to 10~7.  The risk range  for Superfund cleanups
      included in the final rule is consistent with the accepted
      dc minimis level used by other EPA programs and other
      federal agencies.  It also reflects currently available
      analytical and detection techniques.


What actions as* interpreted to fall under thtt  10-year  provision
regarding the remediation of ground water?

   o  CERCLA section 104(c)(6) defines  remedial  action  to include
      the operatio'n of measures to restore contaminated ground or
      surface water for a period of up  to  10 years  after the
      commencement of operation of such measures.   The practical
      effect is that federal funds will be used to  pay 90 percent
      (or 50 percent for a publicly operated  site)  of the cost of
      ground or surface water  restoration  for up to 10 years.  The
      state will pay the difference.  This provision,  however,
      does not apply:      ;.

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                                -9-
       —  To source control maintenance measures  initiated to
           prevent contamination of ground  or  surface waters.

       ~  To ground or surface water measures initiated for the
           primary purpose of providing a drinking water supply,
           not for the purpose of restoring ground water.


 How does EPA define "on-site" for purposes of the CERCLA section
 121(e)  exemption from obtaining federal, state, or  local permits
 for activities conducted entirely on-site?

    o  EPA defines "on-site" as the "areal  extent  of contamination
       and all suitable areas in very close proximity to the
       contamination necessary for implementation  of the response
       action."  Flexibility in defining "on-site" is necessary in
       order to provide expeditious response to site hazards.


What are the requirements for deleting sites  from the NPL?

    o Sites may be deleted from or recategorized  on the NPL where
      no further response is appropriate and  any  of the following
      criteria has been met:

      —  Responsible  parties or other persons have implemented
           all  appropriate response actions required.

      —  All  appropriate Fund-financed response  under CERCLA has
           been implemented,  and no further response action by
           responsible  parties is appropriate.

      —   The  remedial investigation has shown that the release
           poses  no significant threat to public health or the
           environment  and,  therefore,  taking  of remedial measures
           is not appropriate.

   o  EPA  Bust obtain  state concurrence in order  to delete a site
      froa the !*PL.  Also,  EPA must provide the opportunity  for
      public comment on a proposed deletion.


What is  the "Construction Completion** category.

   o  EPA  has  established a new "category" as part  of the NPL,
      the  "Construction Completion" category.  Sites may be
      categorized  as "construction complete"  only after remedies
      have  been  implemented and are operating properly.  These may
      be:

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                               -10-
      —  Sites awaiting deletion.

          Sites awaiting five-year review and/or deletion  (see
          next question on five-year reviews).

      —  Sites undergoing long-term remedial  actions  (LTRAs).
          LTRAs are taken at sites where activities over a
         ' relatively long duration are necessary in order  to
          attain cleanup levels identified in  the ROD  (e.g.,  pump
          and treat of ground water for many years).


Hov do«s EPA ensure that sites remain safe after the remedial
action has been completed?

   o  The NCP requires a review of a site where waste is left
      behind at least once every five years to ensure that the
      site remains safe.  No site will be deleted from the
      National Priorities List (NPL) after completion of the "-
      cleanup until at least one five-year review has been
      conducted.


What contractor conflict of interest requirements are in the 1990
NCP?

   o  For Fund-financed remedial design/remedial action (RD/RA)
      and operation and maintenance  (04M) activities, the NCP
      requires the lead agency to include appropriate language in
      solicitations requiring potential prime contractors to
      submit information about their status, as well as the  status
      of their subcontractors, parent companies, and affiliates,
      as potentially responsible parties at a site.

   o  Prior to contract award, the  lead agency must evaluate the
      information to determine if a conflict of  interest  exists
      that could significantly impact the performance of  the
      contractor the liability of  the prime contractors  or
      subcontractors.

   o  The purpose of this evaluation  is to decide  whether more
      oversight of the performance  of the contract is appropriate
      or whether a contractor has an unresolyable  conflict of
      interest such that it should  be declared  nonresponsible  or
      ineligible for contract award.

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                               -11-
 DEFERPAL
 The preamble to the proposed NCP solicited public comment on the
 possible expansion of the Agency's policy for deferring the
 listing of sites on the National Priorities List for response
 under other authorities.   What was EPA's decision on expanding the
 policy?

    o  EPA decided not to establish an expanded deferral policy at
       this time.   EPA is still evaluating the complex issues
       involved and believes  that any changes in this policy are
       best decided within the context of CERCLA reauthorization.
       Current policies with  regard to what sites are appropriate
       for inclusion on the NPL will remain in effect.


 APPLICABLE OR RELEVANT AND APPROPRIATE RgQUIREME}TrS_JLASARs 1

 What are  applicable requirements?

   o   Applicable  requirements are cleanup standards, standards of
       control,  and other  substantive environmental protection
       requirements,  criteria, or limitations promulgated under
       federal  environmental  or state environmental or facility
       siting  law  that  specifically address a hazardous substance,
       pollutant,  contaminant, remedial action, location, or other
       circumstance found  at  a CERCLA site.


What are  relevant and  appropriate requirements?

   o  Relevant  and appropriate requirements are cleanup
      standards,  etc.  that,  while not applicable, address
      problems  or situations sufficiently similar to those
      encountered at a CERCLA site that their use is well-suited
      to the particular site.


Hov does the 1990 NCP  change the role of ARARs?

   o  Prior to  the 1986 amendments, EPA required compliance with
      all federal  ARARs,  but only consideration of state
      requirements.  The  1990 NCP incorporates the new statutory
      requirement  that remedies  must comply not only with ARARs
      under federal laws,  but also with promulgated standards,
      requirements, criteria, or limitations under state
      environmental or facility  siting laws that are more
      stringent than corresponding federal standards.  The  1990
      NCP defines  "promulgated"  state requirements as those laws

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                               -12-
       or  regulations  that are of general applicability and are
       legally  enforceable.

    o   The 1990 NCP provides that the lead and support agency
       identify their  respective federal and state ARARs in a
       timely manner.   "Timely manner" is defined in Subpart F as
       sufficient  time for the lead agency to consider and
       incorporate ARARs  into the remedy selection process without
       inordinate  delays  and duplication of effort.

    o   The 1986 amendments establish six limited exceptions or
       waivers  to  the  general mandate that remedial actions attain
       all ARARs.  The NCP specifies the six waivers:

           The  alternative is an interim measure and will become
           part of a total remedial action that will attain ARARs.

       —   Compliance  with ARARs will result in greater risk to
           human health and the environment than other
           alternatives.

       —   Compliance  with ARARs is technically impracticable from
           an engineering perspective.

       —   Another alternative that does not comply with the ARAR
           will  result in an equivalent standard of performance.

       —   The  state ARAR has not been consistently applied in
           similar circumstances.

       --   Attainment•of  ARARs will not provide a balance between
           the  need for protection of human health and environment
           at the  site and the availability of Fund monies to
           respond to  other sites.  The preamble to the  1990 NCP
           suggests a  threshold for routine consideration of this
           waiver  at four times the average cost of an operable
           unit.
               41

Can non-promulgated criteria, such as advisory levels or guidance,
be considered  when determining cleanup standards?

   o   Criteria, advisories, or guidance that do not meet the
      definition  of ARARs but that may assist in  determining  what
       is  necessary to be protective or that are otherwise  useful
       in  developing Superfund remedies are described  as
       information to-be-considered  (TBC).  Three  general
      categories  of TBCs are:  (1) health effects  information  with
      a high degree of creditability, e.g., reference doses;  (2)
      technical information on how to perform or  evaluate  site

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                               -13-
       investigations or response actions; and (3)  policy,  e.g.,
       EPA's ground-water policy.

    o   The proposed NCP's description of TBCs was revised in the
       1990 NCP to emphasize that they should be used on an "as
       appropriate" basis and that TBCs are intended to complement
       use of ARARs, not to be in competition with ARARs.


when are MCLs or MCLGs considered relevant and appropriate in the
selection of ground-water restoration levels?

    o   Maximum contaminant levels (MCLs) are enforceable standards
       under the Safe Drinking Water Act for specific contaminants
       in public water supplies.  Maximum contaminant level goals
       (MCLGs) are non-enforceable goals on which MCLs are based.

    o   Consistent with CERCLA's direction to use maximum
       contaminant level goals (MCLGs) as cleanup levels, the NCP
       states that ground water that is or could be used for
       drinking generally will be restored to MCLGs that are above
       zero.  When the MCLG equals zero (generally for
       carcinogens), the corresponding maximum contaminant level
       (MCLs) generally will be used as the cleanup level.

    o   The NCP explains that a cleanup level of zero is not
       appropriate for Superfund because CERCLA does not require
       the complete elimination of risk and because it is
       impossible to detect whether "true" zero has actually been
       attained.

   o   The proposed NCP had stated that MCLs generally will be used
       as the cleanup level and stated that MCLGs would be used
       only in cases where multiple contaminants or pathways posed
       a risk in excess of 10~4.


Has the role of«ARARs changed significantly in going  froa proposed
to  final revisions?

   o   The role of ARARs in the 1990 NCP  is essentially  the same
       as in the proposed rule.  New language was added  to the
       rule, however, to clarify that requirements that  are
       promulgated or modified after the  ROD is signed will be
       attained only when determined to be ARAR and necessary  to
       ensure that the remedy protects human health and  the
       environment.

   o  The preamble to the 1990-NCP also  states that  best
      demonstrated available technology  (BOAT)  standards under  the

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                               -14-
      RCRA land disposal restrictions (LDR) generally will not be
      appropriate for contaminated soil and debris at a Superfund
      site.  This revised policy will allow Superfund sites to
      attain alternative levels of cleanup to those required by
      the BOAT standards.


COMMUNITY RELATIONS AND ADMINISTRATIVE RECORD

What: community relations activities are specified in the 1990
NCP?

   o  In the 1985 NCP, all community relations requirements were
      set forth in section 300.67.  In the 1990 NCP, community
      relations requirements are incorporated into each of the
      sections relating to the different phases of response, i.e.,
      removal actions, remedial investigation and feasibility
      study (RI/FS) and selection of remedy, and remedial design
      and remedial action (RD/RA).  Further, in the 1990 NCP,--new
      community relations requirements are added to implement 1986
      CERCLA requirements under sections 113 (administrative
      record)  and 117 (public participation).


1. Removal Actions

What are the administrative record and public participation
requirements for removal actions?

   o  These requirements depend upon the type of removal  action
      conducted.  The three categories of  removal actions are:

      —  Emergency, which generally refers  to a release  or
          threat of release that requires  that removal  activities
          begin on site within hours of the  lead agency's
          determination that a removal action is appropriate.

      —  Timeacritical. where based on the  site evaluation,  the
          lead agency determines that a removal action is
          appropriate and that there is a  period of less  than six•
          months available before removal  activities must begin on
          sit*.

      —  Non-tine-critical. where based on th« site evaluation,
          the lead agency determines that  a removal action is
          appropriate and that th«r« in a  planning period of more
          than six months before  on-sit« removal  activities must
          begin.

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                               -15-
 What are the primary public  participation requirements that apply
 to all types of removal  actions?

    o  The lead agency shall  designate a spokesperson to provide
       information  and to respond to inquiries regarding the
       action.


 What are the primary administrative record and public
 participation requirements that apply to: (1) emergency and (2)
 time-critical removal actions?  ("New11 indicates a requirement not
 stated in the 1985 NCP):

    o  (New)  The administrative record shall be made available to
       the public no  later than 60 days after initiation of on-site
       removal  activities.  The notice of availability shall be
       published in a major local newspaper of general
       circulation.   The  record shall be available at the office of
       the lead agency or other central location and at or near'the
       site.  The record  for  emergency cleanups lasting less than
       30  days  need only  be available at the central location.

    o   (New)  The lead agency  shall, as appropriate, provide a 30-
       day public comment  period to begin at the time the
       administrative record  is made available to the public and
       respond  to comments received.


What are  the primary administrative record and public
participation  requirements that apply to: (1) all non-time-
critical  actions and (2)  time-critical actions where on-site
removal activities are expected to last longer than 120 calendar
days?

   o   (New) Conduct  interviews with state and local officials,
      residents, public  interest groups, or other interested or
      affected  parties,  as appropriate.
                «
   o  Develop a community relations plan specifying the community
      relations activities that the lead agency expects to
      undertake.

   o   (New) Establish at  least one information repository at or
      near the  site  to contain items mad* available for public
      inspection.  The administrative record shall be available  in
      at least  one of the repositories.

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                              -16-
What additional administrative record and public participation
requirements apply to non-time-critical actions?

   o  (New) Publish a notice of availability and brief
      description of the decision document,  i.e.,  the engineering
      evaluation/cost analysis (EE/CA).

   o  (New) At the same time, make the administrative record
      available for public inspection.

   o  (New) Provide a public comment period on the EE/CA and  the
      administrative record of not less than 30 days after the
      EE/CA is made available.  Upon timely request, the lead
      agency will extend the comment period by a minimum of 15
      days.

   o  (New) Prepare a written response to significant  comments.


2. Remedial Actions

What are the primary administrative record and public
participation requirements for remedial actions?

   o  (New) Conduct interviews with state and local officials,
      residents, public interest groups, or other interested or
      affected parties, as appropriate.

   o  Develop a community relations plan  (CRP)  specifying the
      community relations activities that the lead  agency expects
      to undertake.

      --  In a revision to the proposed NCP, the  1990 NCP more
          clearly states that the purpose of developing the  CRP
          is to provide the  public opportunities  to participate in
          decision-making at the site  and to learn  about the site.

   o  (N«w) Establish  information repositories  at a central
      location and at  or near the site and  infora the public of
      its availability.

   o  (New) Inform the community of  the  availability of technical
      assistance grants.

   o  (New) Make the administrative  record  available  for public
      inspection when  the remedial  investigation (RI)  starts
      (generally when  the RI/FS workplan is available)  and publish^
      a notice of availability.

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                            -17-
 o  (New) Prepare a proposed plan that  briefly describes the
    remedial alternatives analyzed,  proposes  a preferred
    remedial action alternative,  and summarizes the information
    relied upon to select the preferred alternative.

 o  (New) Publish a notice of availability of the proposed plan
    and RI/FS in a newspaper of general circulation.

 o  (New) Make the proposed plan  and supporting analyses and
    information available in the  administrative record.

 o  (New) Provide a comment period of not less than 30 days for
    submission of written and oral comments (comment period in
    the 1935 NCP is 21  days).

    —   In a change from the proposed NCP, the 1990 NCP states
        that,  upon timely request, the  comment period may be
        extended a minimum of 30  days.

 o   Provide the opportunity for a public meeting during the
    public comment period.

 o   (New)  Keep a transcript of the public meeting.

 o   Prepare a  response  to comments,  to  be a part of the record
    of  decision (ROD).

 o   (New)  Include in  the ROD a discussion of  any significant
    changes from the  proposed plan with respect to scope,
    performance,  or cost.

 o   (New)  Solicit additional  public  comment on a revised
    proposed plan if  the significant changes  from the proposed
    plan  could not have been reasonably anticipated based on
    existing information.

 o   (New)  Publish a notice  of availability of the ROD and make
    the ROD available for public  inspection and copying.

 o   (New)  Prior to remedial design,  review the community
    relations  plan and,  when  appropriate, revise the community
    relations  plan to describe public involvement opportunities
   during  remedial design/remedial  action.

o   (New)  if,  after adoption  of the  ROD, the  remedial action
   differs significantly from the ROD  with respect to scope,
   performance,  or cost, publish and make available an
   explanation  of  significant differences.   If the changes
   fundamentally  alter the ROD,  propose an amendment to the
   ROD, issue a  public notice, solicit public comment, and

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                               -18-
      comply with other community relations requirements,  such
      public meetings, transcripts, comment response summaries,
as
   o   (New) Issue a final engineering design fact sheet and
      provide, as appropriate, a public briefing prior to the
      initiation of the remedial action.


Hov does a significant change to a remedy differ from a
fundamental change?

   o  Significant changes are generally incremental changes to a
      component of a remedy that do not fundamentally alter the
      overall remedial approach selected in the ROD (e.g.,
      compliance with a newly promulgated requirement so that  the
      remedy remain protective but that does not change the
      selected technology).  A significant change requires an
      explanation of significant differences.  Fundamental changes
      alter the ROD with respect to scope, performance, or cost in
      such a manner that the proposed action, is no longer
      reflective of the selected remedy in the ROD (e.g., a change
      from an innovative technology to a more conventional one).
      Fundamental changes require ROD amendments.


What changes were made in response to public comments on the
proposed NCP's community relations requirements?

   o  The purpose of developing the community relations plan is
      to provide the public opportunities to participate  in
      decision-making at the site and to learn about the  site.

   o  Upon timely request, the public comment period will  be
      extended a minimum of 30 days for remedial actions.  For
      non-time critical removal actions, the comment period will
      be extended a minimum of 15 days, upon timely request.

   o  Prior to remedial design, the lead agency  is required to
      review the CRP to determine if it should be revised.  The
      proposed NCP provided for revision of the  CRP  in cases where
      community concerns were not already addressed.

   o  Before initiation of remedial action, a fact sheet on the
      final engineering design will be  distributed and an
      opportunity for a public briefing will be  provided, as
      appropriate.

   o  The preamble to the 1990 NCP describes other public

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                               -19-
       participation activities  in addition to the minimum
       requirements  that  may  be  implemented at a site.


 What is a technical assistance  grant  (TAG)?

    o  SARA section  117(e) provides that technical assistance
       grants of  up  to  $50,000 may be made available to community
       groups that may  be affected by a release or threatened
       release at a  site  listed  on the NPL.  The grants must be
       used to obtain assistance in interpreting technical material
       related to site  cleanups.


 What changes were made in the 1990 NCP in response to public
 comments about TAGs?

    o  The 1990 NCP  requires  the community to be informed of the
       availability  of TAGs and  that information about the TAG -
       application process be placed in the information repository
       located at or near the site.  .


ADMINISTRATIVE RECORD REQUIREMENTS

What  is  the  purpose of the administrative record?

   o  The two primary purposes  of the record are to:

      —  Serve  as  the record for judicial review concerning the
          adequacy  of a  response action.

      —  Provide interested parties, including potentially
          responsible parties (PRPs), an opportunity to
          participate in selection of the response through review
          of  and coament on  documents in the record.


What documents €ypically are included in the administrative
record?

   o  All documents which form  the basis for the selection of a
      response action.   Such documents typically include: factual
      information/data;  analysis of factual information; policy
      and guidance  documents; public participation documents,
      including  public comments; decision documents  and  responses
      to public  comments; and some enforcement documents.

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                               -20-
Where aust the administrative record be located and how will the
public be notified of its availability?

   o  The record must be located at or near the site (in  an
      information repository) and at an office of the lead agency
      or another central location.  The record need not be
      available at or near the site, however,  for emergency
      removal actions that are concluded within 30 days of
      initiation.

   o  Certain information need not be located at or near  the  site
      where it would pose a substantial administrative burden,
      e.g., sampling and testing data, guidance documents not
      generated specifically for the site, publicly available
      technical literature.  The index to the record, however,
      shall indicate the availability of such items.

   o  The availability of the record must be announced in a  major
      local newspaper of general circulation.


What documents may be added to the administrative record after the
ROD is signed?

   o  Documents relating to remedy selection issues that the ROD
      reserves or does not address, explanations of significant
      differences, and ROD amendments.


Hov does the administrative record differ from the  information
repository?

   o  Information repositories include documents that  relate to a
      Superfund site and to the Superfund program  in general, such
      as documents on site activities, information  about the site
      location, and background program and policy guides.  The
      administrative record  is the body  of documents that forms
      the basis, of the Agency's selection of  a particular response
      at a site, such as site-specific data and  public comments.
      Documents in the administrative record  may overlap with
      those found in the information  repository.


STATE INVOLVEMENT

Which NCP requirements apply to state-lead  response actions?

   o  The NCP applies to federal  agencies and states that take
      response actions pursuant to th«  authorities under CERCLA
      and section 311 of the Clean Water Act.

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                              -21-
Hov does the 1990 NCP implement the new CERCLA requirement to
provide for substantial and meaningful  state  involvement in
remedial planning and remedial actions?

   o  The 1990 NCP introduces the  Superfund Memorandum of
      Agreement (SMOA)  and the process  of EPA/state concurrence in
      remedy selection.   SMOAs are voluntary  agreements that are
      intended to ensure equitable relationships between EPA and
      states and to reduce misunderstandings  by clarifying the
      expectations of both parties.  The SMOA may be used to
      establish the general framework for the EPA/state working
      relationship,  to define the  roles and responsibilities of
      the lead and support agencies, and to provide general
      requirements for EPA oversight.

   o  The NCP provides that the state may be  the lead agency for a
      Fund-financed site.   This allows  the state to conduct the"
      investigation and analysis leading up to selecting the
      remedy.   The state may also  conduct the remedial
      design/remedial action phases of  the response.

   o  The process  of concurrence,  which reflects the evolution of
      the EPA/state  partnership in recent years, enables a state
      that demonstrates  certain capabilities  to prepare the
      proposed plan  and  recommend  the remedy  for EPA adoption for
      Fund-financed  actions.   EPA  retains the authority to select
      Fund-financed  remedies and sign the record of decision
      (ROD), with  the state's concurrence.

      —.   Also under the concept of concurrence, a state will
          select the remedy and may request EPA concurrence for
          state enforcement actions not using the Superfund (i.e.,
          non-Fund-financed actions).

      —   On*  advantage  to concurrence  by EPA and a state on a
          remedy is  that it results in  a unified position when
          EPA  ana  the state negotiate with PRPs.

  o  A state  nay  recommend a remedy for EPA  concurrence even
     when no  SMOA is established.   EPA anticipates that the
     concurrence  process  will increase EPA involvement in state
     enforcement  actions  and provide for greater state
      involvement  in the selection of reaedial actions at Fund-
     financed  sites.

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                               -22-
What happen* if a SMOA is not established?

   o  The 1990 NCP sets forth minimum requirements in the absence
      of a SMOA regarding annual EPA/state consultations, review
      by the support agency of lead agency documents,  and
      identification of ARARs.


FEDERAL FACILITIES

Which NCP requirements apply to federal facility response actions?

   o  Requirements of the NCP apply to federal agency response
      actions at NPL and non-NPL sites, except where specifically
      noted that the requirements apply only to Fund-financed
      activities.  The requirement for joint selection of remedy
      by a federal agency and EPA applies only at NPL sites.

   o  Subpart K of the 1990 NCP is specifically reserved for
      federal facilities.  EPA is currently drafting Subpart K,
      which will provide a roadmap of the NCP requirements that
      apply to federal facility response actions.

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                     SECTION V
APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS

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CERCLA COMPLIANCE WITH OTHER LAWS
    MANUAL -- GUIDE TO MANUAL

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                           United States
                           Environmental Protection
                           Agency
Office of
Solid Waste and
Emergency Response
Directive 9234.2-02FS
September 1989
                           CERCLA Compliance with Other Laws Manual

                           GUIDE  TO  MANUAL
The 1986 Superfund Amendments and Reauthorization Act  (SARA)  adopts and expands a provision in the 1985
National Contingency Plan (NCP) that remedial actions must at least  attain applicable or relevant and appropriate
requirements (ARARs).  Section 121(d) of CERCLA, as amended by SARA, requires attainment of Federal ARARs
and of State ARARs in State environmental or facility siting laws when  the State requirements are promulgated, more
stringent than Federal laws, and identified by the State in a timely manner.  Under EPA regulation and policy, removal
actions must comply with ARARs to the extent practicable.

To implement the ARARs  provision, EPA has developed guidance, CERCLA Compliance with Other Laws Manual:
Parts I and II (OSWER Directives 9234.1-01 and 9234.1-02, respectively). EPA is preparing a series of short fact sheets
that summarize the guidance document (OSWER Directives 9234.2 series). This Fact Sheet provides a guide to the
compliance manual. The  compliance manual is based on policies  set fonh in the proposed December 21,1988 revisions
to the NCP. The final NCP may adopt policies different from those covered here and should, when promulgated, be
considered the authoritative source.
I.    PURPOSE OF MANUAL

     The  CERCLA Compliance  with  Other  Laws
Manual is intended to assist in the identification and
evaluation of ARARs for removal and remedial actions.
The  manual provides  guidance  to  Remedial Project
Managers, On-Scene Coordinators, State personnel, and
others  responsible for or assisting in response actions
under sections 104, 106, and 122 of CERCLA.  The
manual is also intended to assist in the selection of on-
site remedial actions that meet the ARARs of the
Resource Conservation and Recovery Act (RCRA), the
Clean Water Act (CWA), the Safe Drinking Water Act
(SDWA),  the Clean  Air  Act  (CAA),  the  Toxic
Substances Control Act (TSCA), the Federal Insecticide,
Fungicide, and Rodenticide Act (FEFRA), and other
Federal and State environmental laws, as required by
CERCLA section 121.  In general, different ARARs for
a site  and its remedial action will be identified at
various points in the remedy selection process.

II.   DEFINITIONS OF ARARS

     A requirement under other environmental  laws
may be either "applicable" or "relevant and appropriate,"
but not both.  Identification of ARARs must be done
on a site-specific basis and involves a two-part analysis:
first, a determination of whether a given requirement is
applicable; then, if it is not applicable, a determination
of whether it is  nevertheless  both  relevant  and
appropriate.
   DEFINITIONS:

   • Applicable  requirements are  those  cleanup
    standards, standards  of control, and other
    substantive   environmental  protection
    requirements,   criteria,   or  limitations
    promulgated under Federal or State law that
    specifically address a  hazardous  substance,
    pollutant,  contaminant,   remedial  action,
    location, or other circumstance at a CERCLA
    site.

   • Relevant and appropriate: requirements  are
    those same standards mentioned above that
    while not "applicable* at the  CERCLA site,
    address  problems  or  situations sufficiently
    similar to those encountered at. the site that
    their use is wen suited to the  particular site.
  On-site actions are required to comply with ARARs,
 but must comply only with the substantive parts of an
 applicable or  relevant  and appropriate requirement.
 Off-site actions must comply only with legally applicable
 requirements,  but  must  comply  fully  with both
 substantive and administrative requirements.
                                                                                   Printed on Recycled Paper

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HI.  CONTENTS OF MANUAL

     Part I describes general procedures for identifying
ARARs and complying with ARARs in RCRA, CWA,
SDWA, and ground-water policies.  Part I is organized
as follows:

   *  Chapter  1,  General Procedures for  CERCLA
     Compliance  with. Other Statutes - defines the
     terms "applicable" and "relevant and appropriate,"
     describes general procedures for identifying and
     analyzing  requirements,  identifies waivers from
     ARARs,  and provides matrices  listing types of
     potential ARARs from RCRA, CWA, and SDWA.

   •  Chapter 2, Guidance for CERCLA Compliance
     with RCRA  -  discusses RCRA  hazardous waste
     requirements and policies for determining when
     RCRA requirements are ARARs for  CERCLA
     actions, including what actions at a CERCLA site
     constitute "disposal,"  as defined  by RCRA.

   •  Chapter 3, Guidance for Compliance with Clean
     Water Act Requirements - provides  guidance for
     compliance with CWA substantive requirements
     for  direct discharges, indirect   discharges,  and
     dredge-and-fill activities.

   •  Chapter  4,   Guidance  for  Compliance  with
     Requirements  of the Safe Drinking Water Act  -
     provides  guidance for compliance with SDWA
     requirements that may be ARARs,  including
     drinking water standards and the requirements for
     underground    injection   control,  sole-source
     aquifers, and the wellhead protection program.

   *  Chapter 5, Ground Water  Protection  Policies  -
     discusses  ground-water  classification,  provides
     guidance on  consistency with policies for ground-
     water  protection,  and includes a  hypothetical
     scenario for illustrating how ARARs are identified
     and  used.

   •  Appendix A  provides an overview  of  the major
     environmental statutes and regulations covered in
     Parti.

Part II of the manual describes general procedures for
complying with ARARs in CAA,  TSCA, FEFRA, other
resource protection statutes, mining waste statutes, and
State ARARS.  Part II is organized as follows:

   »  Chapter 1, Introduction and Overview  - provides
     an introduction and  overview of Part II of the
     guidance  manual  and   includes   matrices of
     potential ARARs covered in Part II.
• Chapter  2,  Clean Air Act  Requirements and
  Related RCRA and State Requirements - provides
  guidance for compliance with CAA requirements
  (including the  National  Ambient Air  Quality
  Standards, the National Emissions Standards for
  Hazardous Air  Pollutants, and the New Source
  Performance Standards) and  related RCRA and
  State requirements for air emissions.

• Chapter 3, Standards for  Toxics and Pesticides -
  provides  guidance for compliance with statutes
  (i.e., TSCA  and FIFRA)  that  address  toxic
  substances (particularly PCBs) and pesticides.

• Chapter 4, Other Resource Protection Statutes -
  provides  guidance for compliance with  other
  resource  protection  statutes,   including  the
  National  Historic   Preservation   Act,   the
  Archeological and Historic Preservation Act, the
  Endangered  Species  Act, the Wild and Scenic
  Rivers  Act, the Fish and Wildlife Coordination
  Act, the Coastal Zone Management Act, and the
  Wilderness Act.

• Chapter 5, Standards, Advisories, and Guidance
  for the Management of  Radioactive  Waste   -
  discusses potential ARARs and potentially useful
  guidance   for    cleaning   up   radioactively
  contaminated sites and buildings.  Major acts
  discussed  include the Uranium Mill  Tailings
  Radiation Control Act, the Atomic Energy Act,
  the Nuclear  Waste Policy Act,  CAA, and  CWA.

• Chapter  6,   Potential ARARs  For   CERCLA
  Actions at Mining, Milling,  or Smelting Sites -
  provides guidance for  compliance with statutes
  incorporating standards for  mining, milling, or
  smelting sites,  including the Surface Mining
  Control and Reclamation Act and RCRA.

• Chapter  7,  CERCLA Compliance  with  State
  Requirements discusses eligibility requirements for
  State programs, specific types of State laws (e.g.,
  siting   requirements),   and  procedures  for
  communicating  State ARARs.

• Appendix A provides guidance for compliance with
  CAA Part C requirements under the Prevention
  of Significant Deterioration program.

• Appendix B  describes Federal/State relationships
  under  major  Federal environmental  statutes,
  including whether the statute allows  for State
  authorization of  the program  and whether the
  State provisions are  identical or  more stringent
  than the Federal requirements.

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CERCLA COMPLIANCE WITH OTHER LAWS MANUAL
CERCLA COMPLIANCE WITH STATE REQUIREMENTS

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                          United States
                          Environmental Protection
                          Agency
 Office of
 Solid Waste and
 Emergency Response
Publication 9234.2-05/FS

December 1989
                          CERCLA Compliance With Other Laws Manual
                          CERCLA  Compliance
                          with   State   Requirements
Office of Emergency and Remedial Response
Office of Program Management OS-240
                           Quick Reference Fact Sheet
     The 1986 Superfund Amendments and Reauthorization Act (SARA) adopts and expands a provision in the 1985
 National Contingency Plan (NCP) that remedial actions must at least attain applicable or relevant and appropriate
 requirements (ARARs). Section 121(d) of CERCLA, as amended by SARA, requires attainment of Federal ARARs and
 of State ARARs in State environmental or facility siting laws when the State requirements are promulgated, more
 stringent than Federal laws, and identified by the State in a timely manner.

     To implement the ARARs provision, EPA has developed guidance, CERCLA Compliance With Other Laws Manual:
 Parts I and II (Publications 9234.1-01 and 9234.1-02). EPA is preparing a series of short fact sheets that summarize these
 guidance documents.  This fact sheet provides a guide to Chapter 6 of Part II, which addresses CERCLA compliance with
 State requirements. The material covered here is based on SARA and on policies in the proposed revisions to the NCP.
 The final NCP may adopt policies different from those covered here and should, when promulgated, be considered the
 authoritative source.
 I.   INTRODUCTION TO STATE ARARs

     Prior  to  SARA,  the  NCP classified  all State
 requirements as criteria that EPA should consider when
 selecting a remedy. The amendments elevated to the level
 of potential ARARs any "promulgated" State requirements
 that are "more stringent" than Federal requirements (see
 Highlight 1 for specific  criteria).
        Highlight It  CRITERIA FOR A STATE
                    TO QUAOF5? AS AN AMR
   In. order to qualify as a State ARAR, a State
   requirement should be:

   «  A State law;

   • ' AH. environmental or fedlity siting law,

   »  Promulgated?

   •  More stringent than the Federal requirement;

   •  Identified in a tfroely manner; and

   «  Consistently applied.
    State requirements, like Federal requirements, must
also be substantive in nature to qualify as ARARs.
Administrative or procedural State requirements are not
ARARs. Elements of State ARARs are discussed below.

    Generally, laws and regulations adopted at the State
level, as distinguished from the regional, county, or local
level, are considered to be State ARARs. Local laws in
themselves are not ARARs. However, requirements that
are developed by a local or regional body and are both
adopted and legally enforceable  by the  State may be
potential State ARARs.   Potential  State ARARs may
also be found where local or  regional boards have
established standards  that become part of a legally
enforceable State "plan."

H.  STATE ENVIRONMENTAL OR FACILITY SITING
    LAWS AS ARARs

    Several common types of State statutes that may
provide State ARARs are described below.  Guidance
on compliance with these  requirements is provided.

A.  State Siting Requirements (Location Standards)

    State siting requirements may restrict the location
of existing and  expanding or  new hazardous waste
treatment,  storage,   and  disposal  (TSD)  facilities
(Highlight  2  provides the triggers for State  siting
                            Printed on Recycled Paper

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requirements). Siting restrictions have generally been left
to  the States  to  implement.   However,  the  Resource
Conservation and Recovery Act (RCRA) contains limited
siting provisions that restrict locations in fault zones, 100-
year floodplains, salt dome and  salt bed formations, and
underground  caves.    As  of   1987,   33 States  had
promulgated siting requirements that were more stringent
than Federal requirements/
         Highlight 2: TRIGGERS FOR STATE
              SITING REQUIREMENTS

  State siting requirements may be triggered as
  potential ARARs when:

  •  An existing hazardous waste site & in a restricted
     location, and a  corresponding action is required
     (such as a removal, remediation, design, or
     modified care);

  •  A new hazardous waste unit is to be created in a
     restricted location; or

  •  A non-land-based unit is brought on-site.
     The application of a State siting law to a Superfund
action also depends upon the State's definition of a "new"
or  "existing" site.   Because  Superrund sites generally
represent pre-existing  (and unplanned) situations, State
restrictions for new or operating facilities may not apply
to Superfund sites.

     State siting requirements are commonly found in
State laws that address environmentally sensitive areas
such as wetlands, endangered species habitats, gamelands,
parks, preserves,  and underground  mining/subsidence
areas.  States also protect ground water and surface water
through  a variety of  location standards such  as:  (1)
prohibitions  of  facilities  in  certain  locations;  (2)
quantitative setback distances from water supplies or other
water  bodies;  (3)  quantitative thickness  or hydraulic
conductivity  in soil  barriers; and (4) designation of
acceptable soil or rock type for facility siting.  Finally,
buffer zones may also  contain location standards ranging
from specific setback distances to general statements that
preclude interference with  population  areas.

B.   Discharge of Toxic Pollutants  to Surface Waters

     The  Clean Water Act (CWA) requires States to
identify water bodies that  may be adversely affected by
toxic pollutants and to develop criteria  to protect these
areas.  State toxic pollutant regulations are generally pre-
   Temple, Barker, and Sloane, Inc., Review of State Hazardous Waste
Facility Criteria. Revised Draft Final Report.  U.S. EPA, Washington,
DC, 1987.
sented in the form of narrative goals rather than numeric
criteria.  For example, State narrative requirements may
be expressed in terms predicated upon specific toxicity
testing procedures or  in terms of whole effluent toxicity
limits.   All  substantive  aspects  of  these  narrative
requirements may be  ARARs for CERCLA discharges.
In addition, general  prohibitions  on  toxic  pollutant
discharges of known carcinogens may be State ARARs
for  on-site  CERCLA  discharges.    All  such  State
requirements should be examined for any exemptions of
Federal activities.

C.   Antidegradation  Requirements for Surface Water

     The CWA requires all States to adopt statutes or
regulations that prevent the degradation of high-quality
waters.  In addition, States may have promulgated other
antidegradation  requirements for surface  waters (see
Highlight   3   for  typical    State   antidegradation
requirements).
            Highlights? TYPICAL STATE
       ANTIDEGRADATION REQUIREMENTS

  Typical State antidegradation requirements will
  mandate the:

  •  Maintenance of existing in-stream designated
     beneficial uses;

  •  Maintenance of higa-quality waters unless the
     State decides to allow limited degradation where
     economically or socially justifiable;

  *  Maintenance of the quality of Outstanding
     National Resource Waters (QNRW^ and

  *  Use of best available technology for treatment
     of new or increased pollution into high-quality
     waters.
•If a CERCLA remedial action  involves a point-source
discharge of  treated  effluent to  high-quality surface
waters, these various State antidegradation requirements
may be ARARs for the discharge.

D.   Antidegradation Requirements for Ground Water

     Like antidegradation requirements for surface water,
antidegradation requirements  for ground  water  are
generally prospective  in nature and  are designed  to
prevent further degradation of water quality.  If a State
has  developed antidegradation requirements  for ground
water, CERCLA remedial actions involving injection of
partially treated  water into  a pristine aquifer may  be
affected. These State requirements would not, however,
require cleanup to the aquifer's  original quality prior to
contamination.  However, there may be a State cleanup

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law that specifically requires cleanup to background, which
would constitute an ARAR for the remediation.

III.  "PROMULGATED" LAWS AS ARARs

     A State requirement must be promulgated to quality
as an ARAR.  A State requirement is promulgated if it
is: (1) legally enforceable; and (2) of general applicability
(see Highlight 4).
     Highlight 4: PROMULGATED STATE LAWS

  *  Legal Enforceability:  State requirements may be
     legally enforceable m several ways.  State statutes
     or regulations may either;  (1) have their Own
     specific enforcement provisions written into them;
     or {2} be enforced through the State's general
     legal authority.   *

  •  General Applicability;  State requirements must
     apply to a broader universe than Superfund sites.
     For example, a State requirement having general
     applicability ("of general applicability") would
     apply to all hazardous waste sites in the State
     that meet the jurisdictional prerequisites of the
     requirement, not just to CERCLA sites.
     Promulgated requirements are found in State statutes
and  regulations  that have been adopted  by authorized
State agencies.   Statute numbers, enactment dates, and
effective dates may indicate whether the requirements have
been promulgated.  Such promulgated requirements may
be either numerical or narrative in form.

A.   Criteria That Are "To Be Considered" (TBCs)

     Although they are  not  ARARs,  State advisories,
guidance and policies,  etc., may help EPA define and
develop protective remedies  and interpret  State laws.
These  State policies and guidance, known as  "to be
considered" (TBCs), are  not  potential  ARARs  because
they are neither promulgated nor enforceable. It may be
necessary  to consult TBCs to interpret ARARs  or to
determine preliminary remediation goals  when ARARs do
not  exist  for  particular  contaminants.   States  should
identify or communicate to EPA TBCs that they consider
to be pertinent to the remedy.

B.   Narrative Standards

     Occasionally, a State may  submit  as an ARAR a
narrative State statute. While narrative State statutes may
be  ARARs,  unpromulgated methodologies that  are
designed to implement narrative statutes  are not. EPA has
discretion  to determine whether numbers  obtained from
unpromulgated methodology should  be  met, or whether
they constitute TBCs.  It is important to  note, however,
that numbers derived from State  narrative statutes may be
ARARs if the narrative statute is an ARAR, and has
implementing regulations that are also ARARs.

IV.  "MORE STRINGENT" LAWS AS ARARs

     CERCLA requires remedies to comply with State
requirements that  are  more  stringent  than Federal
requirements (see Highlight 5 for a definition of "more
stringent").
            Highlight 5:  CRITERIA FOR
               "MORE STRINGENT"

  »  State requirements are more stringent than
     Federal requirements if the State program has
     Federal authorization and the State
     requirements are "ax least" as stringent

  «  State programs that do not have a Federal
     counterpart are generally more stringent
     because they add new requirements.

  •  Stringency comparisons may be necessary if a
     State program is not Federally authorized but
     has a Federal counterpart.
It is important to note that EPA believes that if a State
is  authorized  to  implement  a program  in lieu  of  a
Federal agency, State laws arising out of that program
constitute the ARARs instead of the Federal authorizing
legislation.   A  stringency  comparison is  unnecessary
because State regulations under Federally  authorized
programs are considered to be Federal requirements.

V.   IDENTIFYING  AND COMMUNICATING  STATE
     ARARs IN A TIMELY MANNER

     CERCLA requires States to identify ARARs in a
timely manner.  As a result, EPA and a State may enter
into a Superfund Memorandum of Agreement (SMOA)
which, among other  things, establishes a schedule for
communicating ARARs.  In  the absence of a SMOA,
States must identify  ARARs  within certain timeframes
(identified below) in  order  for that identification to be
considered  "timely".   EPA is not legally  required to
consider potential State ARARs that are  not identified
within these timeframes.  The responsibilities of a State
to communicate  ARARs will vary depending upon its
role at  the site (see Highlight  6  for  State  roles  and
responsibilities).

     A.  Critical Points for Identifying State ARARs

     There are particular points in the  preremedial and
remedial processes during which the lead and support
agencies must communicate with each  other.  SMOAs
may identify timeframes for communicating potential
ARARs. Highlight 7 presents the critical points in the

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          Highlight 6:  STATE ROLES AND
                RESPONSIBILITIES

  As the support agency, the State is responsible for;

  • Receiving and reviewing information about
    proposed Federal ARARs and TBCs, as early as
    site characterization;

  • Coordinating State input on ARARs from all
    State agencies;

  • Identifying State ARARs during the RI/FS;

  • Justifying proposed State ARARs; and

  * Reviewing ARARs identified in the proposed
    plan and ROD.

  As the |ead agency, the State is responsible for:

  • Requesting EPA's identification of Federal
    ARARs;
    Identifying State ARARs; during the
  • Identifying ARARs and waivers fa the proposed
    plan; and

  • Documenting compliance with ARARs in the
    draft ROD.
pre-remedial and remedial processes if no SMOA exists,
or if the SMOA fails to address such timeframes.  It is
important to note that regardless of their role, EPA and
the States each have an unvarying responsibility.  States
are always responsible for identifying State ARARs and
communicating them to EPA in a timely manner.  EPA
is always responsible for making the final determination
on ARARs as part of remedy selection, regardless of who
conducts the RI/FS (i.e., EPA, the State, or PRP), or who
recommends the remedy (i.e., EPA or the State), except
for State-lead non-Fund-financed sites.

    B.   EPA  Responsibilities  for   Communicating
         Waivers

    If EPA intends to waive any State-identified ARARs
in its proposed plan, or does not  agree with the  State
that a certain  State  standard is  an ARAR, it  must
formally notify the State either:  (1) when the  Agency
submits  the  RI/FS for State  review; or (2)  when the
Agency responds to the State's submission of the RI/FS.
In addition,  EPA must respond to State comments on
waivers from, or disagreements about, State ARARs after
making the RI/FS and  proposed plan available for public
comment.
Highlight 7: CRITICAL POINTS
FOR IDENTIFYING ARARS

Scoping of th»fil/FS
• Lead and support agencies Initial* discussion
of potential ARARs and TBCs, focusing on
chemical- and location-specific requirements.
i
r
; Sit* Charactorizatfon
• Lead agency ssnds Preliminary Site Char-
acterization Summary to support agencies to
facilitate ARAR* Identification.
• Lead agency request* potential chemlcal-
and locatlon-spsclflc ARAR* and TBC* from
support agency.
• Support agency ha* 30 days from receipt
of request to respond.
1
f
D»v«ropm*mt of Attdrr iattv«»
* Lead agency begins preliminary consideration
of action-specific ARARs.
\
"^.JlS.i^Pi
r
W&i^iS&'
• Lead agency begins Identification of
actlon-*p*clflc ARAR*.
• Lead Agency notifies the support agency of
alternative* that passed Initial screening.
1
1

• Before Comparative Analysis begins, lead
agency requests action-specific and any addi-
tional ARAR* and TBC* from support agency.
• Support agency ha* 30 day* from receipt
of request to respond.
- t
'i^ft^i'^^^S^'&^SSSSk »«psi*^' !a^-ii"'ff^
^.^5£ljl.CfIQf3F*WR-JS|^f
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C.   State Responsibilities for Documenting State ARARs

     To  demonstrate that  the  State  requirement  is an
ARAR,  States  are  required by the  NCP  to  provide
citations to the statute or regulation number. In addition,
States should provide the requirement's effective date and
description of scope, where  appropriate.   Furthermore,
States should provide evidence  that the requirement is
more stringent than  the Federal requirement.  -Finally,
States should also describe  in  writing the relationship
between the State requirement and  the site or action, to
show that the State requirement is applicable or relevant
and appropriate to that particular site or action.

VI.  STATE STANDARD WAIVERS

     A.  Statutory Waivers

     Of the six ARAR waivers set forth in CERCLA, one
applies   exclusively   to  State   ARARs:   inconsistent
application of the State standard  by the  State.   This
waiver may be invoked when evidence exists that a State
standard has not been or will not be consistently applied
to both non-NPL and NPL sites within the State.  The
waiver may be used, for example,  for a State standard
that was promulgated but never applied, or for a standard
that  has been variably applied  or enforced.   A State
standard is presumed .to have been consistently applied
unless there is evidence to  the contrary.

     B.   State Waivers

     In  addition to the waivers  provided by CERCLA,
many State regulations have their own waivers or excep-
tions  to  their requirements.  When a State requirement
has a waiver that is applicable, the State requirement does
 not have to be'met.  EPA makes the final determination
 as part of the selection of remedy.

     State waivers are common components of  State
 siting   requirements.    Usually  only  temporary  or
 emergency situations qualify for waivers of, State siting
 requirements.  Remedial actions at Superfund sites may
 qualify for State waivers depending upon their design and
 the particular waiver requirements.  To determine if a
 remedial action qualifies for a State waiver, the  State
waiver provision should be examined for its duration,
circumstances  that  justify  its  use,   and- any renewal
provisions..

     C.   State-Wide Bans

     Under CERCLA section 121(d), a State-wide ban
prohibiting land disposal of  hazardous substances is not
an ARAR unless the following three criteria  are met:

 •    The  State requirement is of general applicability
     and was adopted by formal means;

 •    The State requirement was adopted on the basis of
     hydrologic, geologic, or other relevant considerations
     and was not adopted for the purpose of precluding
     on-site remedial actions or other land disposal for
     reasons unrelated  to protection of human health
     and the environment; and

 •    The State arranges for,  and assures payment of the
     incremental  costs  of,  utilizing  a  facility  for
     hazardous waste disposal.

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CERCLA COMPLIANCE WITH OTHER LAWS MANUAL
   OVERVIEW OF ARARs — Focus on ARAR Waivers

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      v°xEPA
                           United States
                           Environmental Protection
                           Agency
                           Office of
                           Solid Waste and
                           Emergency Response
Publication 9234.2-03/FS
December 1989
CERCLA Compliance With Other Laws Manual
Overview   of  ARARs
Focus  on  ARAB  Waivers
Office of Emergency and Remedial Response
Office of Program Management OS-240
                                                      Quick Reference Fact Sheet
     The Superfund Amendments and Reauthorization Act of 1986 (SARA) adopts and expands a provision in the 1985
 National Contingency Plan (NCP) that remedial actions must at least attain applicable or relevant and appropriate
 requirements (ARARs). Section 121(d) of CERCLA, as amended by SARA, requires attainment of Federal ARARs and
 of State ARARs in State environmental or facility siting laws when such requirements are promulgated, are more
 stringent than Federal laws, and are identified by the State in a timely manner.

     To implement the ARARs provision, EPA has developed guidance, CERCLA Compliance With Other Laws Manual:
 Parts I and II (OSWER Directives  9234.1-01 and 9234.1-02).  EPA is preparing a series of short fact sheets that
 summarize these guidance documents. This fact sheet summarizes Chapter 1 of Part I, which provides an overview of
 ARARs.  The material covered here is based on policies in the proposed revisions to the NCP.  The final NCP may
 adopt policies different from those covered here and should, when promulgated, be considered the authoritative source.


                                    L OVERVIEW OF ARARS
 A.  Statutory Provisions

     CERCLA section 121(d)(2) states that for wastes left
 on-site, remedial actions must comply with Federal and
 State environmental laws that are legally applicable or are
 relevant and appropriate under the circumstances of the
 release. This section, in effect, codified and expanded on
 the 1985 NCP, which required compliance with  Federal
 applicable  or relevant and  appropriate  requirements
 (ARARs),  a  provision  adopted to make  use of other
 programs' or  agencies' standards.

     In addition, CERCLA requires Superfund remedial
 actions to  comply with State environmental or facility
 siting laws  provided that the State requirements:  (1) are
 promulgated;  (2) are more stringent than Federal laws;
 and (3) are identified by the State in a timely manner.
 CERCLA  section 121(d)  also mentions two  criteria
 specifically —  Maximum  Contaminant  Level  Goals
 (MCLGs) developed under the Safe Drinking Water Act
 (SDWA), and Water Quality  Criteria (WQC) developed
 under the Clean Water Act (CWA) - and requires that
 they be attained when they are relevant and appropriate
 (compliance with these criteria is discussed in a separate
 fact sheet). CERCLA also specifies six circumstances in
 which ARARs can be waived.  The ARAR waivers are
 discussed in Part II of this fact sheet.
                          B.   Compliance with ARARs for Removal Actions

                              Although  CERCLA  requires  compliance  with
                          ARARs  for remedial actions only,  the  current  NCP
                          requires that removal actions also comply with Federal
                          ARARs, to the extent practicable.  Furthermore, EPA
                          policy  under the proposed NCP  requires that removal
                          actions comply with both State and Federal ARARs to
                          the extent practicable. Until this policy is promulgated
                          by regulation, however, compliance with State ARARs
                          during removal actions  must be justified based upon
                          protectiveness.

                              Factors  used in determining  whether removal
                          compliance with ARARs is practicable include:  (1) the
                          urgency  of the situation; and  (2) the scope of the
                          removal  action  to  be conducted,   which  includes
                          consideration of the statutory limits for  removal actions.
                          An  example  of a situation where compliance with
                          ARARs is not practicable for a removal action would be
                          a site where emergency conditions call for a rapid
                          response, thereby  preventing the on-scene coordinator
                          from identifying and attaining ARARs.  An ARAR that
                          is beyond the scope of a removal to remediate top-level
                          soil  contamination due to leaking drums might be one
                          that applies to lower-level soil remediation.  Of course,
                          such a standard may still be an ARAR for any remedial
                          action that is subsequently taken at the site.
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C.  Definitions of ARARs and TBCs

    In the proposed revisions to the NCP (53 FR 51394),
EPA clarified the definitions of "applicable" and "relevant
and appropriate"-requirements (see Highlight 1).
            Highlight Is  DEFINITION OF
        "APPLICABLE9 AND "RELEVANT AND
         APPROPRIATE" REQUHUEMBNTS

  Applicable requirements are defined as "cleanup
  standards, standards of control, and other
  substantive environmental protection requirements,
  criteria, or limitations promulgated under Federal or
  State law that specifically address a hazardous.
  substance, pollutant, contaminant, remedial action,
  location,  or other circumstance at a CERCLA site."

  Relevant and appropriate requirements are defined
  as "substantive environmental protection
  requirements ... promulgated under Federal ox State
  law that, while not "applicable",... address problems
  or situations sufficiently similar to those
  , encountered at the CERCLA site that their use is
  well suited to the particular site.*
     1.  Applicable Requirements

     An applicable requirement directly and fully addresses
 the situation at the" site.  In other words, an applicable
 requirement is a substantive requirement that a private
 party would be subject to if it were undertaking the action
 independently  from  any CERCLA authority.    For a
 requirement   to   be   applicable,   all   jurisdictional
 prerequisites of the requirement must be met, including:
 (1) the party subject to the law, (2) the substances or
 activities that fall under the authority of the law, (3) the
 time period during which the law is in effect; and (4) the
 types of activities the statute or regulation requires, limits,
 or prohibits.

     2.   Relevant and Appropriate Requirements

      While a determination of applicability is primarily a
 legal one, a determination of whether  a requirement is
 relevant and appropriate is site-specific and is  based on
 best c professional  judgment, taking into  account the
 circumstances  of the release or threatened release.  This
 determination  should  be  made  in  conjunction  with
 pertinent national policies.

      There is  more  flexibility and discretion in  making
 relevant   and  appropriate  determinations  than' in
 determining the  applicability of a requirement.   Only
 those requirements that are both  relevant and appropriate
 are ARARs.  A requirement may be  relevant, but not
 appropriate, because of the site circumstances.  Such a
requirement would  not be  an ARAR for the  site.
Moreover,  it  is  possible  for  only  a  portion  of a
requirement to be considered relevant and  appropriate,
while other parts may not. However, once a requirement
(or part of a requirement) is found to be relevant and
appropriate, it must be complied with to the same degree
as if it were applicable.

     In determining whether a requirement  is  both
relevant and appropriate to  the circumstances of the
release, the following comparisons should be made:

•    The purpose of the requirement and the purpose of
     the CERCLA action;

•    The   medium  regulated  or   affected   by  the
     requirement and  the  medium  contaminated  or
     affected at the CERCLA site;

•    The  substances regulated by the requirement and
     the substances found at the CERCLA site;

•    The  actions   or activities  regulated  by  the
     requirement and the  remedial action contemplated
     at the CERCLA site;

 •   Any  variances,  waivers,  or  exemptions  of the
     requirement and their availability for use given the
     circumstances at the  CERCLA site;

 •   The type of place regulated and the type of place
     affected by the CERCLA site or CERCLA  action;

 •   The  type  and  size  of the  structure or  facility
      regulated and the type and size of the structure or
      facility affected by the release or contemplated by
      the  CERCLA action; and

 •    Any consideration of  the use or potential use of
      affected resources in the requirement and the use
      or potential use  of the affected  resource at the
      CERCLA site.

 A similarity to any one factor is not necessarily sufficient
 to  determine  that  a requirement  is  relevant  and
 appropriate.  Nor does a requirement have to be similar
 to the site situation with  respect to each factor in order
 for it to  be relevant and appropriate.

      3.   TBCs

      By  definition, ARARs are promulgated, or legally
  enforceable Federal and State requirements. (Because
  CERCLA identifies them  as potentially relevant and
  appropriate, MCLGs and WQC are considered potential
  ARARs, even though they are not otherwise enforceable
  standards.) EPA has also developed another category of
  requirements, known as "to be considered" (TBCs), that
  includes  nonpromulgated criteria, advisories, guidance,

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 and  proposed  standards  issued  by  Federal  or  State
 governments.  TBCs are not potential ARARs because
 they are neither promulgated nor enforceable. It may be
 necessary  to consult TBCs  to interpret ARARs, or to
 determine preliminary  remediation goals when  ARARs
 do  not exist  for  particular contaminants.   However,
 identification and compliance with TBCs is not mandatory
 in the same way that it is for ARARs.

 D.   Types of ARARs

      EPA  has  divided  ARARs into three categories to
 facilitate their identification:

 •    Chemical-specific ARARs are usually health- or risk-
      based numerical values or methodologies  used to
      determine  acceptable concentrations  of chemicals
      that   may  be  found   in  or  discharged  to  the
     environment, e.g., MCLs that establish safe levels in
     drinking water.

 •   Location-specific ARARs restrict actions  or
     contaminant concentrations in certain environmentally
     sensitive areas. Examples of areas regulated under
     various Federal laws include floodplains, wetlands,
     and locations where endangered species or historically
     significant cultural  resources are present.

 •   Action-specific ARARs  are usually technology- or
     activity-based requirements or limitations on actions
     or conditions involving specific substances.

     Chemical- and location-specific ARARs are identified
 early in the process, generally during the site investigation,
 while action-specific ARARs  are usually identified during
 the Feasibility  Study (FS)  in  the  detailed  analysis of
 alternatives.

 E.   Compliance with ARARs for On-site and  Off-site
    Actions

    The ARARs provision in CERCLA addresses  only
on-site actions (see  Highlight 2 for definition  of on-site).
In addition, section 121(e)  exempts on-site actions from
having  to  obtain   Federal,  State,  and local  permits.
Consequently,  the  requirements  under CERCLA  for
compliance with other laws differ for on-site and off-site
actions, as  follows:

 •   On-site actions must  comply with  applicable  and
    relevant and  appropriate  requirements, but need
    comply only with  the  substantive parts of those
    requirements.

 •   Off-site actions must comply only with requirements
    that are legally applicable, but must  comply with
    both substantive  and administrative parts of those
    requirements.
(See Highlight 3  for definitions of  "substantive" and
"administrative".)  Compliance with "relevant and appro-
priate" requirements is not required for off-site actions.
      Highlight 2: DEFINITION OF "ON-SITE*

      "On-site" is defined in the proposed revisions
  to the NCP as  the "areal extent of contamination
  and all suitable areas in very, close proximity to the
  contamination necessary for implementation of the
  response action." See 53 PR 51477 (December 21,
  1988).  "Area! extent of contamination" refers to
  both surface area, ground water beneath  the site,
  and air above the site. Examples of on-site
  contamination and treatment salts or staging areas
  separate from, (but in "very dose praamitj? to*} the
  contamination includes

  *  A disposal site for treated wastes in a new
    landfill outside* but in close proximity to, a
    contaminated wetland;

  *  A point-source discharge iato a river  tunning
    through a-site. The discharge point would be
    considered on-stte, even if tne discharge effluent
    ultimately runs off-site.  The action would have
    to meet discharge limitations and monitoring
    requirements, but would not require an NPE>ES
    permit; and

  •  A purap-and-treat system located in the
    contamination plume several miles downgradient
    of the source.. The ground-water treatment
    system is considered
   Highlights:  DEFINITIONS OF SUBSTANTIVE
    •ANB
    Substantive requirements are those
    requirements that pertain directly to actions, or ,
    conditions in the environment.  Examples
    include quantitative health 01 risfc&ased
    standards for certain hazardous substances (e.g.,
    MCLs for drinking water),  and technology''
    based, standards (e.g,, RCRA minimum
    technology requirements for double liners and
    leacbate collection systems).

    Administrative requirements are those
    mechanisms that facilitate the implementation
    of the substantive requirements of a statute or
    regulation (e.g^ requirements related to the .
    approval of or consultation with administrative
    bodies, documentation, permit issuances,  ,
    reporting, recordkeepmg, and  enforcement).

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F.  ARARs Documentation

    ARARs considered  for  each alternative in the
detailed analysis of alternatives should be documented  in
detail  in  the Remedial  Investigation/Feasibility Study
(RI/FS).   The Proposed  Plan  and the ROD should
summarize how the components of an alternative will
comply with major ARARs, and should describe why the
requirement is applicable  or relevant  and  appropriate.
The ROD should document ARARs  as follows:  (1)
major ARARs should be discussed in the Description  of
Alternatives; (2) ARAR compliance should be summarized
in the Summary of the Comparative Analysis; and (3) all
ARARs selected  for the remedy  should be listed and
briefly  described in the Statutory Determinations section.

    When an alternative is chosen that does not attain an
ARAR, the basis  for waiving the  requirement must be
fully documented and explained.  TBCs referred to in the
ROD should be listed and described briefly, as well  as
the reasons for their use.  Generally, there is no need  to
document why a requirement is not an ARAR, although
documentation should be provided for both  ARARs and
TBCs  when  the  determination has  been  difficult  or
controversial.  (See Guidance on Preparing Superfund
Documents.  [ROD  Guidance]  EPA-540/G-89/007,  July
1989,   and  Guidance  for Conducting RI/FSs  Under
CERCLA. EPA 540/G-89/004, October 1988, for further
information.)
G.   Policy  on   Newly  Promulgated  Requirements
     "Freezing'1 ARARs at the ROD

     If  a  requirement  that  would be  applicable or
relevant and  appropriate to  the  remedial  action  is
promulgated after the Record of  Decision (ROD)  is
signed  and the ARARs  for the selected remedy have
already been established, the remedy will be evaluated in
light of the new requirement to ensure that the remedy
is still protective.

     To the extent that the remedy remains protective in
light of any new information reflected in the requirement,
the original ARARs remain "frozen" at  the ROD and
nothing more needs  to  be  done.   However,  if it  is
determined that the new requirement must be met in
order for the remedy to be protective, the remedy must
be  modified  to  attain  the  requirement  through an
Explanation of Significant Differences (ESD) or ROD
amendment.  For example,  a new requirement for a
chemical at a site may indicate,  through new scientific
information on which it was based, that the cleanup level
selected for the chemical corresponds to a cancer risk of
ICC2 rather than ICr5, as originally thought.  The original
remedy would have to be reevaluated in terms of the new
requirement because it may no longer be protective.
                                 H.  FOCUS ON ARAR WAIVERS
    CERCLA section 121(d) provides that, under certain
circumstances,  an  ARAR may be  waived.   The six
statutory waivers are provided in Highlight Box 4 and are
discussed more  fully below. These waivers may not be
used for off-site actions.
     Highlight 4: STATUTORY ARAR WAIVERS
                                      •. \   ""
  The six ARAR waiver* provided by CERCLA art:

  1, Interim Measures Wa&erf

  2» Equivalent Standard of Performance Waiver;

  3, Greater Risk to Health and the Environment
    Waiver;

  4, Technical Impracticability Waiver;

  5. Inconsistent Application of State Standard
    Waiver; and

  6. Fund-Balancing Wawer.
     The Interim Measure waiver may be used when an
interim  measure that does not attain  all ARARs is
expected to be followed by a complete measure that will
attain all ARARs (see Highlight Box 5 for  an example).
The interim  measure should  not cause  additional
migration of contaminants, complicate the site response,
or present an immediate threat to public health or the
environment, and must not interfere with or delay the
        Highlight 5: EXAMPLE OF INTERIM
               MEASURES WAIVER

     At a mining site, interim measures were used to
  address drainage of contaminated water from a
  mine. The actioa involved passive treatment of
  mine tunnel discharges through construction of an
  artificial wetland, whifih would reduce
  contamination from the mine tunnel to the level of
  contamination present upstream.  Since the
  discharge exceeded State ambient water quality
  standards for the stream* the standards were waived
  until the final remedy was inspleiaemed, which
  would address in-sttesox contamination.

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  final  remedy.  It should be noted, however, that if a
  requirement  relates  to  some portion of the long-range
  site cleanup  that is outside the scope of the immediate
  remedial action, it is not an ARAR for this action and
  a waiver is Unnecessary.

     The Equivalent Standard of Performance waiver may
  be used in situations where an ARAR stipulates use of a
  particular design or operating standard, but equivalent or
  better remedial  results could  be achieved  using  an
  alternative design or method of operation.   In invoking
  this waiver, the alternative should be equal to or greater
  than the ARAR in terms of: (1) the degree of protection
  afforded; (2)  the level of performance achieved; and (3)
  the potential to be protective in the  future.  The time
  required to achieve beneficial results using the alternative
 should  be considered;  however, the  duration  of the
 alternative should be balanced against  other  beneficial
 factors that  may  ensue  from using the alternative.  A
 technology-based requirement must be evaluated from a
 technology performance perspective,  not from  a  risk
 perspective.

     The Greater Risk to Health and the Environment
 waiver is available for situations where compliance with an
 ARAR will cause greater risk to human health and the
 environment than noncompliance.  The more significant
 the risks, the longer they are in  duration, and  the more
 irreversible the harm from compliance with an ARAR, the
 more appropriate the use of this waiver (see  Highlight 6
 for an example).
                 EXAMPLE OF GStlATER RISK
   TO HEALTH AND THE ENVIRONMENT WAIVER

   ,' A pump-aad-treat system may t>e selected to
  remove ground wafer contamination from landfill
  releases.  Analysis fouad that natural flushing
  'through the landfill, after excavation of the highly
  contaminated waste, would fectlitate cleanup of the  '
  iground water and remove residual contamination
  from the landfill.  The waiver for greater risk was
  used to waive the applicable RCRA closure
 .requirement for aa impermeable eaj>, because such-a
  eap>0!u$ prevent natural Bushing and would
  ssJgnJfleaatly 4elay aridVeduce the effectiveness of
  the ground water cleanag, and therefore the
  remedial  action's effectiveness in reducing risk.
 	4-4	:	i	
     The Technical Impracticability waiver may be used
when compliance with an ARAR is technically impract-
icable from an engineering perspective.  The waiver can
be used if either of two criteria are met: (1) engineering
feasibility, in which current engineering methods necessary
to construct and maintain an alternative that will meet the
ARAR cannot reasonably be implemented; and (2) reli-
ability, in which  the  potential for the  alternative to
continue to be protective into the future is low, either
 because  the  continued  reliability  of  technical  and
 institutional controls is doubtful, or because of inordinate
 maintenance costs. Use of the waiver may consider cost,
 although cost should not be the  major  factor  (see
 Highlight 7 for an example).
       Highlight 7: EXAMPLE OF TECHNICAL
            IMPRACTICABILITY WAIVER

      Ground water located in bedrock fractures and
  deep bedrock contained highly contaminated
  pockets of liquid waste along the fractures,  MCLs
  were waived because their attainment was
  technically impracticable for several reasons,
  including; $.) difficulty in predicting the extent
  and location of fractures; (2) the inability to locate
  and extract all pockefs of liquid waste; (3) excessive
  time frames for cleanup^ and (4) the irregular
  nature of the fractures that made effective
  placement of extraction weHs difficult
     The  Inconsistent Application  of State Standard
waiver may be invoked when evidence exists that demon-
strates that a State standard has not been or will not be
consistently applied to other remedial sites within the
State, including both NPL and non-NPL sites. A waiver
may be used, for example, for a State-standard* that was-
promulgated but never applied, or for a standard that has
been variably applied  or enforced.  A State  standard is
presumed to have been consistently applied unless there
is evidence to the contrary.

     The Fund-Balancing waiver may be  invoked when
meeting an ARAR would entail such cost in relation to
the  added degree of protection or reduction of risk
afforded by that standard that remedial actions at other
sites would be jeopardized.  This waiver  should be
considered when the cost of attaining an ARAR is 20%
of the annual remedial action budget or $100  million,
whichever is greater (see Highlight 8 for an example).
         Highlight 8: EXAMPLE OF FUND-
               BALANCING WAIVER

     The Fund-balancing waiver was invoked to'
 waive compliance with state water quality.standards
 because attaining these standards would have
 required removal and off-site disposal of more than
 4 million: cubic yards of contaminated ore, tailings>
 anil bottom sediments in the streams and reservoir,
 at an estimated cost of $1.4 billion.  At the time of
 ROD signature, the Fund had been nearly depleted,
 with remaining monies reserved for ongoing
 projects*  The waiver allowed selection of a
 protective alternative of partial capping and surface
 water diversion, costing $72.2 million.

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ARARs SHORT GUIDANCE QUARTERLY REPORT

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                      United States                Office of                    Publication 9234.3-001
                      Environmental Protection         Solid Waste and
                      Agency                    Emergency Response                December 1989
   <>EPA      ARARs  Short   Guidance

                      Quarterly   Report
   Office of Emergency and Remedial Response                                     Intermittent Bulletin
   Office of Program Management OS-240                                        Volume  1  Number 1
   The ARARs Short Guidance Quarterly Report provides an annotated description of all published short
guidance on ARARs.  Short guidance documents on ARARs include Fact Sheets, Q's & A's,  Memoranda
resolving ARARs issues, and the Guide to the CERCLA Compliance with Other Laws Manual.  Each Quarterly
Report is comprehensive to date, and each item below is final unless otherwise noted.  The ARARs short
guidance documents are designed to supplement, not supplant, the CERCLA Compliance with Other Laws
Manual. This report will expressly note any ARARs short guidance that supercedes information provided in the
CERCLA Compliance with Other Laws Manual. Single copies of all of these short guidance documents may
be obtained by calling or writing the Superfund Docket and Information Center, U.S. EPA, OS-245, 401 M St.
SW, Washington,  DC 20460; (202) or FTS 382-6940.  Copies of the CERCLA Compliance with Other Laws
Manual (Part I - EPA/540/G-89/006, Part II - EPA/540/G-89/009) may be obtained from CERI, U.S. EPA, 26 West
Martin Luther King Drive,  Cincinnati, OH 45268; (513) 569-7562.
   ARARs Q's and A's                                   Publication 9234.2-01/PS

   May 1989                                                              4 pages
   The ARARs Q's & A's Fact Sheet (first in an expected series of Q's & A's) addresses seven general
   ARARs policy questions, such as:  (1) the distinction between "applicable" and "relevant and appropriate"
   requirements; (2) whether ARARs that are not required for protectiveness have to be met; and (3) whether
   environmental resource laws such as the Endangered Species Act are potential ARARs. The Q's & A's
   also discusses  three RCRA ARARs issues:  (1) RCRA delisting when wastes remain on-site; (2)  RCRA
   financial responsibility requirements as potential ARARs; and (3) the applicability of minimum technology
   requirements for existing hazardous waste pits closed before 1980. Finally, the Q's & A's addresses four
   ARARs questions arising from the Clean Water Act and the Safe Drinking Water Act;  one question.
   addresses ground-water antidegradation laws and three focus on MCLs and MCLGs.
   Guide to Manual                                      Publication 9234.2-02/FS

   September 1989                        .                                 2 pages
   The Guide to Manual Fact Sheet describes the overall purpose of the CERCLA Compliance with Other
   Laws Manual:  Parts I and II. It also serves as a table of contents to the manual by describing the
   contents of each chapter of both parts of the manual.
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                           ARARs SHORT GUIDANCE
                         QUARTERLY REPORT (cont'd)
RCRA ARARs:  Focus on
Closure Requirements
October 1989
The RCRA ARARs Fact Sheet provides an overview of RCRA Subtitle C ARARs and describes when RCRA
requirements are ARARs. The Fact Sheet also focuses on RCRA closure requirements, discussing when
RCRA  closure  requirements  are ARARs,  and what the  RCRA minimum technology requirements
encompass.  The elements and consequences of State authorization under RCRA are also summarized.
Superfund LDR Guide #1, Overview
of RCRALDRs
July 1989
Publication 9347.3-01 /FS
              4 pages
The LDR Overview Fact Sheet defines land disposal, describes the RCRA LDR statutory deadlines, and
summarizes statutory waste categories.  Other topics discussed include: types of LDR restrictions, LDR
compliance options, and soil and debris wastes.  Finally, it addresses other LDR requirements, including
storage prohibitions, exemptions for treatment in surface impoundments, dilution prohibitions, and LDR
testing, notification, and compliance certification requirements.
Superfund LDR Guide #2, Complying with the
Publication 9347.3,-02/FS
California List Restrictions under LDR
The LDR California List Restrictions Fact Sheet defines California List Wastes, describes the California List
LDR restrictions, and summarizes the overlap between California List LDR restrictions and other treatment
standards. The Fact Sheet also provides a chart that sets forth prohibition levels and treatment standards
for California List Wastes.

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                           ARARs SHORT GUIDANCE
                          QUARTERLY REPORT (cont'd)
 Superfund LDR Guide #3, Treatment Standards      Publication 9347.3-os/FS
 and Minimum Technology Requirements under LDR
 July 1989                                                                 4 pages
 The LDR Treatment Standards and Minimum Technology Requirements Fact Sheet describes the three
 types of treatment standards (concentration levels, specified technologies,  and no land disposal) and
 discusses the two types of tests for evaluating compliance with LDR treatment standards (the Total Waste
 Analysis and the Toxicity Characteristic Leaching  Procedure). The Fact Sheet also  reviews treatment
 standards in effect for RCRA hazardous wastes, and explains minimum technology requirements that apply
 during a national capacity extension. Charts illustrate effective dates and LDR restrictions for Solvents
 and Dioxins,  California List Wastes, and certain First Third Wastes.
Superfund LDR Guide #4, Complying with Hammer  Publication 9347.3-o4/ps
Restrictions under LDR
July 1989                                                                  4 pages


The LDR Hammer Restrictions Fact Sheet discusses soft hammer wastes, restrictions, and requirements
for notifications, certifications, and demonstrations. Other topics include the overlap between California
List Wastes, soft hammer wastes, and hard hammer wastes. The Fact Sheet also highlights soft hammor
notification, certification, and demonstration requirements, hard hammer deadlines, and the process for
identifying soft hammer waste restrictions.
Superfund LDR Guide #5, Determining when LDRs   Publication 9347,3-os/FS
are Applicable
July 1989                                                                  4 pages
The LDR Applicability Fact Sheet addresses three questions: (1) Does the response constitute placement?
(2) Is the CERCLA substance a RCRA hazardous waste? and (3) Is the RCRA waste restricted under the
LDRs?  In addition, the Fact Sheet provides-examples of areas of contamination (AOCs), highlights LDR
statutory deadlines, and illustrates the process of determining when LDRs are applicable requireme its.

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                            ARARs SHORT GUIDANCE
                          QUARTERLY REPORT (cont'd)
Superfund LDR Guide #6A, Obtaining a Soil and     Publication 9347.3-os/FS
Debris Treatability Variance for Remedial Actions
July 1989                                   <'             s                6 pages
 The LDR Soil and Debris Treatability Variance Fact Sheet discusses the basis for a treatability variance,
 describes how to obtain a treatability variance for soil and debris wastes, and summarizes compliance
 with a treatability variance for soil and debris wastes.  The Fact Sheet also highlights information to be
 Included when documenting a soil and debris treatability variance in an RI/FS report for on-site and off-
 site CERCLA response actions.  Sample language concerning treatability variances is provided for the
 Proposed Plan and Record of Decision (ROD). A chart illustrates alternate treatability variance levels and
 technologies established by EPA for structural/functional groups.  The Fact Sheet also highlights stages
 in the RI/FS process when  LDRs are evaluated, and the identification of treatment levels for a treatability
 variance.
Memorandum of Applicability of LDRs to                 Publication 9234.1-00
RCRA and CERCLA GW Treatment Reinfection
December 1989                           ,           ,                        5 pages
This Memorandum establishes that LDR is not applicable to underground disposal of hazardous waste
Into Class  IV injection wells  during CERCLA response actions or RCRA corrective actions.  The
Memorandum explains that because LDR is not applicable, BDAT does not have to be met prior to each
reinjection or at the completion of the action in a pump-and-treat reinjection remediation  system.  The
Memorandum additionally explains why LDRs generally will not be relevant and appropriate requirements
for CERCLA response actions that involve ground-water reinjection.
Overview of ARARs — Focus on                        Publication 9234.2-os/FS
ARARWahrers
December 1989                .                              -  ,-             5 pages
The Overview ARARs Fact Sheet defines ARARs and To Be Considered (TBCs). It additionally focuses
on ARARs waivers by describing each waiver and providing waiver examples.  Other topics discussed
Include: (1) factors for identifying relevant and appropriate requirements; (2) freezing" ARARs at the ROD;
(3) compliance with ARARs for on-site versus  off-site actions;  (4)  types of ARARs; and (5)  ARARs
documentation.

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                          ARARs SHORT GUIDANCE
                        QUARTERLY REPORT (cont'd)
CERCLA Compliance with State                        Publication 9234.2-os/FS
Requirements
December 1989                                                          5 pages
The CERCLA Compliance with State Requirements Fact Sheet describes the statutory requirements for
State ARARs and defines such terms as "promulgated" and "more stringent." The Fact Sheet additionally
discusses policies with respect to the applicability of some typical State environmental or facility siting
laws.  It also discusses roles of lead and support agencies with respect to the identification of ARARs,
and procedures to be followed when communicating ARARs.

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                     United States                Office of                    Publication 9234.3-001
                     Environmental Protection         Solid Waste and
                     Agency                   Emergency Response                  March 1990
   &ER&      ARARs  Short  Guidance

                     Quarterly   Report
   Office of Emergency and Remedial Response                                    Intermittent Bulletin
   Office of Program Management OS-240                                       Volume 1  Number 2
   The ARARs Short Guidance Quarterly Reports provide an annotated description of all published short
guidance on ARARs.  Short guidance documents on ARARs include Fact Sheets, Q's & A's, Memoranda
resolving ARARs issues, and the Guide to the CERCLA Compliance with Other Laws Manual.  Each Quarterly
Report is comprehensive within that quarter, and each item below is final unless otherwise noted. The ARARs
short guidance documents are designed to supplement, not supplant, the CERCLA Compliance with Other Laws
Manual. This report will expressly note any ARARs short guidance that supercedes information provided in the
CERCLA Compliance with Other Laws Manual.  Single copies of the previous Quarterly Report and these short
guidance documents may be obtained by calling or writing the Superfund Docket and Information Center, U.S.
EPA, OS-245, 401  M St.  SW, Washington, DC 20460; (202) or  FTS 382-6940.   Copies of the CERCLA
Compliance with Other Laws Manual (Part I - EPA/540/G-89/006, Part II - EPA/540/G-89/009) may be obtained
from CERI, U.S. EPA, 26 West Martin Luther King Drive, Cincinnati, OH 45268; (513) 569-7562.
   Superfund LOR Guide #7, Determining                  Publication 9347.3-os/FS
   When LDRs are Relevant and Appropriate to
   CERCLA Response Actions
   December 1989                                                            2 pages
   The LDR Relevant and Appropriate Fact Sheet discusses the four- pertinent factors to compare when
   determining the relevance and appropriateness of LDRs: (1) the action or activities regulated by the
   requirement and the remedial action contemplated; (2) the purpose of the requirement and the purpose
   of the CERCLA response action; (3) the substances regulated by the requirement and the substances
   found at a CERCLA site; and (4) the medium regulated or affected by the requirement and the medium
   contaminated or affected at the CERCLA site.
   CERCLA Complance With the CWA and SDWA         publication 9234.2-oe/FS

   February 1989                                                            7 pages
   The CWA and SDWA Fact Sheet provides an overview of potential ARARs from the Clean Water Act for
   direct and indirect discharges to surface water, as well as dredge-and-fill requirements. This fact sheet
   also describes potential ARARs from the Safe Drinking Water Act such as MCLs, MCLGs. SMCLs, as well
   as substantive provisions from the Underground Injection  Control program. In the final section, potentially
   conflicting ARARs concerning surface water from the CWA and SDWA are listed and resolutions are
   provided.

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ARARs Q's & A's

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 United States
 Environmental Protection Agency
 Office of Solid Waste and
	Emergency Response
OERR 9234.2-01 FS
         May 1989
    A EPA
                     Superfund Fact Sheet
                        ARARs  Q's   &  A's
                                              General Policy
                                                         RCRA
                                                          CWA
                                                        SDWA
 #1
The 1986 Superfund Amendments and Reauthorization Act (SARA) adopts and expands a provision in the 1985 National Contingency Plan (NCP)
that remedial actions must at least attain applicable or relevant and appropriate requirements (ARARs). In section 12 l(d), SARA requires attainment
of Federal ARARs. and of State ARARs in State environmental or facility siting laws when the requirements are promulgated, more stringent than
Federal laws, and idendfiedbytheStateinatimelymanner. Under EPA regulation and policy, removal actions mustcomply with ARARs to theextent
practicable.

To implement the ARARs provision, EPA has developed guidance, the CERCLA Compliance With Other Laws Manual (OS WER Directive 9234.1 -
01), and has provided training to Regions and States on identification of andcompliance with ARARs. These "ARARs Q'sandA's"arepartofaseries
that provide answers to anumber of questions that arose in developing ARARs policies, in ARARs training sessions, and in identifying and complying
with ARARs at specific sites. Responses covered here reflect current program practice and include policies and language from the proposed NCP.
Changes resulting from finalizing the NCP following public comment may alter some policies or language quoted from the proposed NCP.
               General Policy
       DEFINITIONS OF "APPLICABLE" AND
         "RELEVANT AND APPROPRIATE"

  "Applicable requirements mean those cleanup stan-
  dards, standards of control, and other  substantive
  environmental protection requirements,  criteria, or
  limitations promulgated under Federal or State law
  that specifically address a hazardous substance, pollut-
  ant, contaminant, remedial action, location, or other
  circumstance at a CERCLA site." [Proposed NCP, 53
  ER 51435, December 21,1988] In other words, an appli-
  cable requirement is one that a private party would have to
  comply with by law  if the same action was being taken
  apart from CERCLA authority. All jurisdictional prerequi-
  sites of the requirement must be met in order for the
  requirement to be applicable.

  If a requirement is not applicable, it still may be relevant
  and appropriate. "Relevant and appropriate require-
  mfinJs mean those cleanup standards [that]~ address
  problems or situations sufficiently similar to those
  encountered at the CERCLA site that their use is well
  suited to the particular site." [Proposed NCP, 53 FR
  51436, December 21,1988] A requirement that is relevant
  and appropriate may "miss" on one or more prerequisite
  but still make sense at the site, given the circumstances of
  the site and release.

               Q1.  What difference does it make if a requirement is
                    "applicable" or "relevant and appropriate"?
                    Why make that distinction?

               A.   While it is true that once a requirement is determined to be
                    relevant and appropriate, it must be complied with as if it
                    were applicable, there are significant differences in the
                    identification and analysis of the two types of require-
                    ments. The "applicability" determination is a legal one,
                    while the determination of "relevant and appropriate"
                    relies on professional judgment, considering environ-
                    mental and  technical factors at the site.  There is more
                    flexibility in the relevance and appropriateness determina-
                    tion: a requirement may be "relevant," in that it covers situ-
                    ations similar to that at the site, but may not be "appropri-
                    ate" to apply for various reasons, and therefore not well
                    suited to the site. In some situations, only portions of a
                    requirement or regulation may be judged relevant and ap-
                    propriate; if a requirement is applicable, all substantive
                    parts must be followed.

                    For example, if closure requirements under Subtitle C of
                    RCRA are applicable (e.g., a landfill that received RCRA
                    hazardous waste after 1980 or where the Superfund action
                    constitutes disposal of hazardous waste), the landfill must
                    be closed in compliance with one of the closure options
                    available in Subtitle C regulations.  These options are
                    closure by removal (clean closure), which requires decon-
                    tamination to health-based levels, or closure with waste in
                    place (landfill closure), which requires impermeable caps
                    and long-term maintenance.

                    However, if Subtitle C closure requirements are not appli-
                    cable, then a "hybrid closure," which includes other types
                    of closure designs, could also be used. The hybrid closure
                    option arises from a determination that only certain closure
                    requirements in the two Subtitle C closure alternatives are
                    relevant and appropriate.  (See proposed NCP, 53 FR

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 OERR 9234.2-01 FS
      51446, for further discussion of RCRA closure require-
      ments and the concept of hybrid closure.)

 Q2.  Does an applicable requirement take
      precedence over one that Is relevant and
      appropriate? In other words, if an applicable
      requirement Is available, will that be the ARAR,
      rather than one that might otherwise be
      relevant and appropriate?
 A.   No, a requirement may be relevant and appropriate even if
      another requirement  legally applies to that situation,
      particularly when the applicable requirement is not really
      designed to address the type or magnitude of problems
      encountered at Superfund sites.  For example, RCRA
      Subtitle D requirements for covers for solid waste facilities
      may be applicable when RCRA hazardous waste is not
      present at the site. However, the soil cover required under
      Subtitle D may not always be sufficient to limit leachate at
      a Superfund site with substantial amounts of waste similar
      to RCRA hazardous waste.  In such a situation, some
      Subtitle C closure requirements  may be relevant and
      appropriate to some parts of the site, even though Subtitle
      D requirements legally apply.
      However, one factor that affects whether a requirement is
      relevant and appropriate is whether another requirement
      exists that more fully matches thecircumstances at the site.
      In some cases, this m ight be a requirement that was directly
      intended for, and is applicable to, the particular situation.
      For example, Federal WaterQuality Criteria will generally
      not be relevant and appropriate when there is an applicable
      State Water Quality Standardpromulgatedspecificallyfor
      the pollutant and water body, which therefore "more fully
      matches" the situation.

 Q3.  Is compliance with ARARs required for a "no
      action" decision?

A.    No. Section 121 cleanup standards, including compliance
      with ARARs, apply only to remedial actions the Agency
      determines should be taken under CERCLA Section 104
      and 106 authority.  A "no action" decision can only be
      made when no remedial action is necessary to reduce,
      control, ormitigate exposure because the site or portion of
      the  site is already protective of human health and the
      environment. See Guidance on Preparing Superfund De-
      cision Documents fQSWER Directive 9355.3-02) for
      further discussion of "no action" decisions.

Q4.  Does an ARAR always have to be met, even  if It
      is not necessary to ensure protectiveness?
A.    Yes. Attainment of ARARs is a "threshold requirement"
      in SARA, as is the requirement  that the remedies be
     protective of human health and the environment.  If a
     requirement is applicable or relevant and appropriate, it
     musibemet, unless oneof the six waivers is used. ARARs
     represent the minimum that a remedy must attain; it  may
     sometimes be necessary to go beyond what ARARs require
     to ensure that a remedy is protective.
          ON-SITE VS. OFF-SITE ACTIONS

   The requirements under CERCLA for compliance with
   other laws differ in two significant ways for on-site and
   off-site actions.   First,  the ARARs  provision only
   applies to on-site actions; off-site actions must comply
   fully only with any laws that legally apply to that action.
   Therefore,  off-site actions need only comply with
   "applicable"  requirements, not with  "relevant and
   appropriate"  requirements; ARAR waivers are not
   available for requirements that apply to off-site actions.

   Second, on-site actions must comply only with the sub-
   stantive portions of a given requirement, or those that
   pertain directly  to  actions  or  conditions  in the
   environment; on-site  activities need not comply with
   administrative requirements, such as obtaining a permit or
   recordkeeping and reporting.  Off-site actions must
   comply with both  substantive and  atlliHin'stra*'v*
   requirements.
Q5.  If wastes from non-contiguous sites are
     combined on one site for treatment, is the
     treatment viewed as off-site activity, and the
     unit therefore subject to permitting?
A.   Sites may be combined for remedial action if it is cost-
     effective to do so and the following statutory criteria
     [CERCLA Section 104(d)(4)] are met: the sites must be
     geographically close or pose similar threats to public
     health and the environment. Combinedremedies must also
     be cost-effective and should not result in any significant
     additional short-term impacts on public health and the
     environment. The combined remedial action constitutes
     on-site action, and compliance with permitting or other
     administrative requirements would not be required. (See
     OSWERDirective9347.0-l and 40 FR 37076. September
     21,1984)

Q6.  Are environmental resource laws, such as the
     Endangered Species Act, the National Historic
     Preservation Act (NHPA), and the Wild and
     Scenic Rivers Act, potential ARARs for
     CERCLA actions?
A.   Yes, requirements in these laws are potential ARARs.
     However, these laws frequently require consultation with
     and, under some laws, concurrence of other Agencies or
     groups, such as the Fish and Wildlife Service or the
     Advisory Council on Historic Preservation.  Administra-
     tive requirements such as consultation or obtaining ap-
     proval are not required for on-site actions. However, it is
     strongly recommended that the lead agency nevertheless
     consult with the administering agencies to ensure compli-
     ance with substantive requirements, e.g., the NHPA re-
     quirement that actions must avoid or minimize impacts on
     cultural resources.

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 Q7.  Are environmental standards and requirements
      of Indian tribes potential ARARs?
 A.   Yes.  Indian tribal requirements as potential ARARs for
      CERCLA actions taken on tribal lands are treated consis-
      tently with State requirements. Tribal requirements that
      meet the eligibility criteria for State ARARs, i.e., they are
      promulgated (legally enforceable and of general applica-
      bility) and more stringent than Federal requirements, are
      potential ARARs.
          Resource Conservation and
             Recovery Act (RCRA)
Q8.  How can RCRA listed waste be "delisted" when
     wastes will remain on-site?

A.   If a listed waste is "delisted," it is no longer considered a
     "hazardous waste" and is subject to Subtitle D require-
     ments for solid waste,  rather than the more stringent
     Subtitle C requirements.

     Only the substantive requirements for delisting a RCRA
     hazardous waste must be met for wastes that will remain
     on-site and will not be handled as hazardous. These are the
     standards in40 CFR 260.22(a)(l) and (2), which state that
     a waste that "does not meet any of the criteria under which
     the waste was listed as ahazardous or an acutely hazardous
     waste" and for  which there is no "reasonable basis  to
     believe that factors (including other constituents) other
     than those for which the waste was listed could cause the
     waste to be a hazardous waste" is 'delistable.' Administra-
     tive requirements, which include requirements to undergo
     a petition and rulemaking process  and to  develop and
     supply specific information, need not be met on-site.

     Wastes containing constituents at health-based levels, as-
     suming direct exposure, will meet the standards for delist-
     ing. Wastes with constituents at higher levels may also be
     delistable, since the RCRA delisting process allows fate
     and transport modeling, generally based on the waste being
     managed in a solid waste facility. The models used by the
     RCRA program for delisting should be used in determining
     whether constituent concentrations above health-based
     levels are delistable, e.g., for wastes that  will be land
     disposed (SeeSOfR 4886, November 27,1985 andSl ER
     41082, November 13,1986). The Assistance Branch in the
     Office of Solid  Waste can also  provide assistance and
     advice in delisting a waste.

     The expectation that the waste will meet delisting levels
     should be documented in the RI/FS and the ROD and
     supported by information comparable to that required for
     delisting, as appropriate for the  waste and site (see the
     guidance "Petitions to Delist Hararri^ns Waste." EPA 530-
     SW-85-003, April 1985). Generally, theconstituentlevels
     that must be achieved in order for the waste to be consid-
                                    OERR 9234.2-01 FS
     ered non-hazardous should be identified in the ROD.
     Unless treatability studies done during the RI/FS make
     delisting reasonably certain, the ROD should also address
     how the waste will be handled if it does not achieve
     delistable levels, based on full-scale treatability studies or
     actual performance of the remedy during RD/RA. If the
     waste cannot be delisted, an explanation of significant
     differences should be issued to notify the public that the
     contingency remedy will be implemented.

Q9. Are RCRA financial responsibility requirements
     potential ARARs for Superfund?

A.   No, because they do not pertain directly to actions or con-
     ditions in the environment.  Rather, the requirements
     support implementation of RCRA technical standards by
     ensuring that RCRA facility owners or operators have the
     financial resources available to address releases and com-
     ply with closureandpost-closure requirements. CERCLA
     agreements with PRPs, and ultimately the Fund itself,
     achieve essentially the same purpose.

Q10. RCRA hazardous waste is placed into an
     existing pit that had received hazardous waste
     in the past, but is not subject to RCRA Subtitle
     C regulations because the pit closed before
     1980.  Would the minimum technology
     requirements (MTR) be applicable for the pit
     because it is a "new unit"?

A.   No, the pit is not considered a "new unit." MTR will not
     apply when disposing of waste in an existing unit or area of
     contamination, although a lateral expansion of the unit
     would have to meet MTR. (Note: both new and existing
     surface impoundments are subject to MTR if they receive
     waste after November 1988. In addition, the land disposal
     restrictions (LDR) can trigger MTR indirectly. LDR
     restricts placement of a "soft hammer" waste and a re-
     stricted waste under a capacity variance to units in compli-
     ance with MTR. If such a waste is placed in the existing
     waste pit, the pit would have to comply with MTR, even
     though it is not a "new unit.")
           Clean Water Act (CWA)
     Safe Drinking Water Act (SDWA)
Q11. Do antidegradation laws for ground water,
     increasingly common in State laws, mean that
     the aquifer must be restored to its original
     quality before contamination from the site
     occurred?
A.   Generally, antidegradation laws areprospectiveandarein-
     tended to prevent further degradation of water quality. At
     aCERCLA site, therefore, a State ground water antidegra-
     dation law might preclude the injection of partially treated

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 OERR 9234.2-01 FS

     water into apristine aquifer. It would not, however, require
     cleanup to the aquifer's original quality prior to contami-
     nation, nor would it preclude reinjection of partially treated
     water back into the already contaminated portion of the
     aquifer, as long as the reinjection does not increase the
     existing level of contamination.
      ARARS FOR GROUND WATER CLEANUP

  MCLs promulgated under SDWA generally will be the
  relevant and appropriatestandardfor ground water that is or
  may be used for drinking, considering its use, value, and
  vulnerability as described  in the EPA's Ground-water
  Protection Strategy (August 1984), e.g., for Class I and II
  aquifers.
 Q12, There are some situations where an aquifer that
      Is a current or potential drinking water source,
      treatable to MCLs at the tap, cannot be
      remediated to MCLs in the aquifer, e.g., where
      background levels of contaminants are above
      MCLs.  Would MCLs still be relevant and
      appropriate?

 A.    The MCLs are generally relevant and appropriate for any
      aquifer that is a potential  drinking water source.  If the
      MCLs cannot be attained (e.g., because of complex hydro-
      geology due to fractured bedrock), an ARAR waiver for
      technical impracticability should be used.  The same
      approach should be followed if attainment of MCLs is
      impracticable because background levels of chemicals
      subjecttoCERCLA authority (e.g.,man-madechemicals)
      arehigherthanMCLs.andnoarea-wideremediationofthe
      aquifer is feasible.

 Q13. Many new MCLs will be promulgated or existing
      ones revised In upcoming years.  Will new or
      revised MCLs, when promulgated, need to be
      Incorporated Into the remedy, possibly altering
      it? Should a proposed MCL be used as the
     remediation goal in the ROD?

A.   Under EPApolicv.if anew ARAR ispromul gated after the
     RQP is signed, the remedyshould be examined in light of
     the new requirement to ensure that the remedy is still
     protective. If the remedy is still protective, it would not
     have to be modified, even though it does not meet the new
     requirement.

     SinceMCLsoftenareakey component in defining protec-
     tive remediation levels, new or revised MCLs may reveal
     thattheremedychosenisnotprotective, Li such cases, the
     remedy would have to be modified accordingly. This
     could occur at any time after the ROD is signed—during
     remedial design, remedial action, or at the five-year re-
     view.

     However, a new MCL will not always mean the remedy
     must be changed. If the existing remedy is still within the
     risk ranee, even considering the new MCL. the remedy
     would not have to be modified because the i
     protective. For example, if the new MCL represents a ris
     of 10*, while the selected remediation level results in a 1O*
     risk, the remedy is still protective,

     At some sites, however, a new MCL will require
     significant changes to the remedy, changes that can be very
     costly after implementation  of the remedy  has begun.
     Therefore, if a proposed MCL is available before the ROD
     is signed, the preferred remedy should be evaluated to
     determine how the MCL, if promulgated as proposed,
     would affect the remedy.  Will the preferred remedy
     achieve the proposed MCL? Could the remedy achieve the
     proposed MCL with minor design modifications? Would
     the proposed MCL require significant changes, such as
     requiring remediation in ground water that  is currently
     deemed fully protective because it meets all MCLs?

     As a generaljrule^ih&proposed MCL_shoiildi)e used as a
     TBC to establishlhejremediation level in the ROD when.
     the proposed MCLJsjmQre stringentihanihe^existing one
     or regulates  a new  chemical (unless  the  MCL  is
     controversial and therefore likely to change). This reflects
     the importance of MCLs in Superfund's determination of
     protectiveness  and as  a cleanup  standard for the
     community. It also minimizes the need for later changes to
     theremedy when changes maybemore difficult and costly
     to make.

Q14. If there are MCLs for some, but not all, of the
     significant contaminants at a site, should the
     10-*point of departure be used for all the
     contaminants, or should the MCLs b& used
     where available and the remediation levels for
     the other contaminants adjusted accordingly?
A.   Generally, the MCLs should be used to set the remediation
     levels when available, provided the MCLs cumulatively
     are within the risk range.  The levels for other chemicals
     should be set to ensure  that they do not significantly
     increase the total risk associated with the chemicals with
     MCLs and that the cumulative risk from all chemicals is
     within the risk range.  The 10* point of departure is used
     when there are no MCLs or, when risks are summed, when
     the MCLs for the chemicals in the medium are not suffi-
     ciently protective under the circumstances.

     For example, if the risk from chemicals with MCLs totals
     IxlO5, the remediation levels for the other chemicals
     should generally be set so that the total cumulative risk
     does not exceed that risk level. Final levels for the chemi-
     cals without MCLs may also be driven by the treatment
     necessary to attain the MCLs.

     For some mixtures  of chemicals, it may be necessary or
     more technically practicable to adjust the  remediation
     levels even of those chemicals with MCLs to
     stringent levels. Even in such cases, the final remediatio
     levels cannot exceed the respective MCLs, since the MCLs
     are ARARs.andthe total risk of all contaminants should be
     within the risk range to ensure the remedy is protective.

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                             United States
                             Environmental Protection
                             Agency
Office of
Solid Waste and
Emergency Response
Publication 9234.2-08/FS

May 1990
      6BK         ARARs   Q's  &  A's
                             Compliance With the Tpxicity Characteristics Rule:  Part I
 Office of Emergency and Remedial Response
 Office of Program Management OS-240
                                 Quick Reference Fact Sheet
    Section 121(d) of CERCLA, as amended by the 1986 Superfund Amendments and Reauthorization Act (SARA),
requires that on-site remedial actions must at least attain (or justify a waiver of) Federal and more stringent State applicable
and relevant and appropriate requirements (ARARs)  upon completion of the remedial action.  The 1990 National
Contingency Plan (NCP) requires compliance with ARARs during remedial actions as well as at completion, and compels
attainment of ARARs during removal actions, whenever practicable.  See NCP, 55 FR 8666, 8843 (March 8, 1990) (to be
codified at 40 CFR section 300.415(i)(1990)), and 55 FR 8666, 8852 (March 8, 1990) (to be codified at 40 CFR section
300.435(b)(2)(1990)).

    To implement the ARARs provision, EPA fias developed guidance, CERCLA Compliance With Other Laws Manual:
Parts I and II (Publications 9234.1-01 and 9234.1-02), and has provided training to Regions and States on the identification
of and compliance with ARARs. This "ARARs Q's and  A's" is part of a series that provide  guidance on a number of
questions that arose in developing ARAR policies, in ARAR training sessions, and in identifying and complying with
ARARs at specific sites. This particular Q's and A's Fact Sheet addresses compliance with the recently promulgated Toxicity
Characteristics Rule (55 FR 11798 (March 29,  1990)).
 H.  How are wastes characterized as hazardous under
     RCRA?

A   RCRA  Subtitle C  requirements are applicable to
     CERCLA response actions if the waste is a RCRA
     hazardous waste, and either  the waste was initially
     treated, stored, or disposed of after the effective date
     of the particular RCRA requirement, or the activity
     at the CERCLA site constitutes treatment, storage,
     or disposal, as defined by RCRA. RCRA uses the
     following two  procedures  to  define  wastes  as
     hazardous: (1) the listing procedure, which involves
     identifying specific industrial or  process wastes that
     pose hazards to human health and the environment;
     and  (2) the  hazardous  characteristics  procedure,
     which    involves  identifying  properties   or
     "characteristics" that,  if exhibited  by any  waste,
     indicate a potential  hazard if  the waste is  not
     properly controlled. See 40 CFR section 261.3(a)(2).
     The new Toxicity Characteristics (TC) rule concerns
     one of four characteristics that indicate a potential
     hazard  (the others are ignitability,  reactivity, and
     corrosivity).   A waste is a TC waste if any of the
     chemicals listed in Highlights 1 or 2 are found in the
     leachate at concentrations equal to  or greater than
     their regulatory levels.
Highlight I: NEW CHEMICALS REGULATED
UNDER THE TC RULE AND THEIR
REGULATORY
Benzene
Carbon letrachloride
Chkxdane
Chtarobeazene
Chloroform
tn-CnaoJ
o-Cresoi
p-CtaHi
l,4rDichk>robenze3e
. 1,2-DiGhJoroethane
1,1-Oichforoethylene
2,4-Dimtroloiueaa
Hepuchlor (and 'its hydroxide)
Heachkjr-l,3-t>utadiene
Hexschtorobenzcnc
HerachJoroethane
Methyl ethyl ketone
Nitrobenzene
Penuchlorophenal ,
'. PyrWtne • '
Tetnchtaraethyle&e
! Tricatoroethyienfi
W-TOcHcrophewst
2,4,6-Trichtorophenot
Viayi c&Ioride
• interim regulatory level
LEVELS
0.50
0.50
0.03
100.0
6.0
200.0
200.0
200.0.
IS
0.50
0.70
0.13
0.008
0.5
0.13
3,O
200.0
2.0.
100.0
5.0
0.7
OS
4O9.0
ZO
0.20

LEACHATE

mgfl
mg/1
mg/1
fflg/i:
mgd
tagfl
mgfl
mg/1
mg/l
mg/1
mg/1
mg/1
mg/1
rnj/5
mg/1
mg/1
mgfl
mg/1
mgfl*
mg/l
mg/1
mgfl
mg/1
mg/1
mg/1

                                                                                     Print*Jon Ratyctod Paper

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Q2.   What are the major provisions of the new TC rule?

A.    The final TC rule adds 25 organic chemicals to the
      list of waste constituents which, if present in waste at
      or above the regulatory levels set  in the rule (see
      Highlight L), make  the waste a hazardous waste.
      These 25 chemicals have been added to the 8 metals
      and 6 pesticides on the existing list of TC waste
      constituents (see Highlight  2).  The TC rule also
      announced  that  13  additional chemicals may  be
      added to the TC list  after EPA establishes  their
      regulatory levels. Finally,  the new TC rule replaces
      the Extraction Procedures  (EP) with another test for
      determining toxicity  (for both  the new and existing
      chemicals regulated* for the characteristic of toxicity).
      The new test is called  the Toxicity Characteristics
      Leaching Procedure  (TCLP).  The impetus behind
      the  development  of the  TCLP was  the need to
      identify  those  wastes  that are  likely  to leach
      hazardous concentrations  of organic compounds.

      Note;  To determine compliance with RCRA land
      disposal regulations, the  EP  is still  available  for
      wastes that are  not considered wastewater (i.e.,  for
      soils and sludges that  contain more than  1% total
      suspended  solids)  and  that  contain either  any
      amount  of lead, or  arsenic when it is the primary
      hazardous constituent, i.e., the  highest consituent
      concentration in the waste (see section 3(e)(8) of the
      final RCRA Third Third  Rule, unpublished at  the
      time of this priming).
         Highlight 2: CHEMICALS ALREADY
            REGULATED FOR TOXICITY
     CHARACTERISTICS AND THEIR LEACHATE
               REGULATORY LEVELS
           Arsenic
           Barium
           Cadmium
           Chromium,
           Endrin
           Lead
           Lindane
           Mercury
           Methoxychlor
           Selenium
           Silver
           Toxaphene
           2,4-Dichloro-
            phenoxycetic acid
           2,4,5-Trichloropheno-
            xypropionic acid
  5.0  mg/I
100.0  mg/1
  1.0  mg/1
  5.0  mg/1
  0.02 mg/I
  5.0  mg/1
  0.4  mg/1
  0.2  mg/1
  10.0  mg/I
  1.0  mg/l
  5.0  mg/1
  0.5  mg/1

  10.0  mg/1

  1.0  mg/1
Q3.  How does the new TC rule affect the regulatory
     levels of the potential TC wastes already regulated?

A.   The regulatory levels of the eight metals and six
     pesticides remain the same (see Highlight 2 for theisf
     levels). These constituents must now be tested usiht"
     the TCLP to determine whether they exceed their
     regulatory levels.   It is important to note that  the
     EP and the TCLP may produce different results;
     wastes  not  hazardous  under  the EP  may  be
     hazardous under the TCLP.

Q4.  How does the TCLP differ in approach from the EP
     in identifying the toxicity characteristic?

A.   The primary differences between the TCLP and  the
     EP  are:   (1)  the TCLP uses two  leaching media
     where the medium  is determined by the pH of the
     waste (there is no continual pH adjustment); (2) the
     TCLP requires the  waste to be  ground or  milled
     (there is no structural integrity procedure); (3)  th-.
     TCLP requires a shorter extraction time (18 hour-'
     for the TCLP versus 24 hours for the EP); and (4)
     the  TCLP is easier  to run  and the test results  are
     more easily reproduced.

Q5.  What is  the  current status of the TC  rule as  a
     potential ARAR for the Superfund program?

A'  The TC rule was promulgated on March 29, 1990. It
     became a  potential ARAR for all decision document^
     (i.e., RODs and action memoranda) signed after that
     date.  For  actions carried  out during the interim
     period prior to the effective date (i.e., between March
     29,1990 and September 25,1990), the TC rule would
     not  be   applicable,  but   may  be relevant   and
     appropriate.

Q6.  How will  the  TC rule affect Superfund Records of
     Decision  (RODs) that have already been signed?

A.   The NCP states that ARARs "freeze" at the time of
     ROD signature.  See 55 FR 8666, 8757,  March 8,
     1990, (to be codified at 40 CFR 300.430(f)(l)(ii)(B)).
     TC requirements were promulgated on March 29,
     1990, and thus would  not be ARARs for RODs
     signed before that date.  For such RODs, the TC
     requirements are newly promulgated requirements,
     and  thus  should   be  attained  only  when  EPA
     determines that these requirements must be met for
     the remedy to be protective.  Newly promulgated or
     modified requirements like the TC rule will be
     considered during the 5-year review of the remedy, or
     sooner,  if  appropriate, to  determine  whether the
     remedy is still protective. Regions should review pre|
     TC rule RODs to ensure that any on-site dispositic p
     of wastes still meets the standard of protectivenei
     (This issue will be discussed further in  the  forth-

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     coming TC implementation  Fact Sheet.)  If EPA
     determines during the remedy review that the TC
     requirements must be attained, a ROD amendment
     or Explanation of Significant  Differences  (ESD)
     should be issued.  See 55 FR 8666, 8757 (March 8,
      1990)  (to    be   codified   at   40   CFR
     300.430(f)(l)(ii)(B)).

Q7.  What  are some potential overall effects of the TC
     rule on the Superfund program?

A.   Wastes  containing  any of  the  newly-regulated
     chemical constituents in  the TC rule may be subject
     to  RCRA  regulations  based  on  the  toxicity
     characteristic, regardless  of the source of a particular
     waste  or whether the waste is a RCRA listed  waste.
      In addition, because the  TC rule expands the list of
     potential  TC  wastes,   the  amount of  wastes
     considered  to be RCRA hazardous wastes at  a
     CERCLA site will potentially expand.  Once a waste
is considered to be a RCRA hazardous waste, other
RCRA requirements may be applicable  or  relevant
and   appropriate,   such  as   closure,   minimum
technology, and  the land disposal restrictions.   In
addition,  remedial  alternatives  involving   off-site
shipment  of TC wastes must  involve  Subtitle C
facilities, rather than Subtitle D  facilities.
NOTICE: The policies set out in this memorandum
 are  intended solely as  guidance.   They  are  not
 intended, nor can they be relied upon, to create any
 rights enforceable by any party in litigation with the
 United States.   EPA officials may decide to follow
 the guidance provided in this memorandum, or to act
 at variance with the guidance, based on an analysis of
 specific site circumstances. The Agency also reserves
 the right to change this guidance at any time without
 public notice.
      In the near future, OERR will issue another Fact Sheet that discusses technical issues that may arise during the
      implementation of the TC rule at Superfund sites. The TC implementation Fact Sheet will be Part II to this
      ARARs Q's &. A's Fact Sheet on the TC rule.

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           SECTION VI
REMOVAL ACTIONS UNDER SUPERFUND

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             CHAPTER II OF OWPE'S
"ENFORCEMENT PROJECT MANAGEMENT HANDBOOK" —
               REMOVAL ACTIONS


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                                       REMOVALS
        DESCRIPTION OF ACTIVITY.	i
                                                                               ~""''""~'"'"~.™^M.»..~-..-.-~.~.~.«".«..~~.~.~..~~..~~~~~~—.".~'—~-.~~.~~.—.™..~.. 2
        Statutory Limitations and Exemptions.	3
        Administrative Record and Public Participation		4
        Written Response—..	4
II.      PROCEDURES  AND  INTERACTIONS...:	,	...5

        f\ ,      I ^lT WVfcUW li««M««««««»»M«*«««««»«»«»«*»«M«««*«««»«»«««»M«»»»*««»M«»»«««»«»*«t»»»«»«»«»M««««»«»M»«»«««««««»»««»*M»«»««M««»»««««»««»»«M*»»«««*M«»«i»««« W
                PRP Response Policy.	5
                PRP 9ovrii Stratsnv                                     .. .....„...................._........._....... 5
                I I U %^M*IWf I %^|H4Wi»y^•••••••*••••••»••••••••••••••»•••••••••••••*•••••••••••••*•••*•""•"•""""••••"••••""•"""""""""       ™.™  .. •—
                Emefgency Situation	5
                Time-Critical Situation	.............	.	.			6
                Non-Time-Critical Situation.		6
                All Removals	6
                PRP Search Completion.				6
        B.      Enforcement and Negotiations Planning	6
                oite Leao	MM.^.......^....~~.».~.~.~.«.~.-.«.~.~~~.~.~.~.M.~.~....~.~«.".~.~..~~.~.~..~~..«.~«~.~..~- •
                Enforcement Strategy - Addendum to Action Memo	7
        C.      PRPNotice.	~	-	-	8
                Notification in Emergency Situations—.:	9
                Notification in  Time-Critical Situations	.—9
                Notification in Non-Time-Critical Situations	9
        D.      AOC Negotiations and AOL) Assistance	9
                Administrative Orders on Consent (AOC)	10
                Unilateral Administrative Ciders (AOU)	12
                Issuance of AOUs-.—~~.-.~~~~~~~—.~.~.~-.~.~.~--.-~.~~~~~.~.~~~~~.--~.—~~~-~~~—12
                Activation of Fund During AO Issuance	,	13
                Replacement of AOU with AOC.	.		13
                Enforcement of AO...__...._......	«.__.-™«...._...~._~~™~™».™.«..«™_™_~...™...»....~.~.-. 13
        E      OversightOf PRP Response......			13
                ^^/'e^slCl^tCostSM..«....•.....«.^..M......w.............«......^..•..^..«..M..-.^..M..w..M..M.«..«..«......M.....M..«..M..^..... i H
        F.       Criminal lnvestigation......~....«......................-....»....»....-....-....-....«....»...."....-.....-..»»»»-»»»""»»-14
        G.      Community Relations	14
                Community Relations Plan		15
                Community Relations Activities	15'

III.     PLANNING AND  REPORTING REQUIREMENTS	16

        A.      Contractor Support				16
        B.      Information Management Systems	;	16~

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                                            .«.~»~.«.«.«.«.^^
                                              ^._^^——.^..M.M.—.^.^	•—^.^.^.^.A^^.^.—..^.^..r.^. 1 /

                      EPA Regional ERNS Responsttlifes.	^	„	„..—..—18
                      EPA Headquarters RgsponsjbffitteSi.........	—-T,,.,..,	..,,,...,,,,.,,,,,,,1.i.i.,..,,,i,.,n,,,,,,.18
                      ERNS Phase IL-~	._-,—»-~-	.	i	-18
                     l in mill mit	iu,iiiiTiit-uxmmii-J—iiiiiiiiiinmirr'Tri-	~'~	'		frri	"	"""	 IO

IV.    POTENTIAL   PROBLEMS/RESOLUTIONS	,	19

       A.      Ovi Investigator SupporU—r	'.	.—	19
       B.      Detstmining PRP Financial Viab(lityM...~..~..»......~~~»~~.~.~~~~..-.~..«.««~..«.~«.».«".~.~.....19
       C.      Use of Information Request Letters	.	19

V.    REFERENCES	20

       Guidance	.	•—2B
       ManuaJs	--20

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                                        REMOVALS
                  I   DESCRIPTION OF ACTIVITY

Introduction        This chapter discusses enforcement activities associated with removal actions. This
                  chapter applies to conventional removals rather than actions funded as removals (i.e.,
                  RI/FS and RD).  Generally, removal  activity, including activity to secure and oversee
                  potentially responsible party removal actions, is managed by On-Scene Coordinators
                  (OSCs). This chapter was written primarily to assist OSCs in planning and conducting
                  enforcement activities. However, depending on the particular circumstances at a site,
                  other program personnel may assume lead roles in removal enforcement activities.  At
                  sites where remedial activity is ongoing, the RPM may play a key role in securing and
                  overseeing PRP removal response. For convenience, only the term "OSC" is used
                  throughout this chapter, although the information is the same for RPMs when
                  appropriate.  Exhibit 11-1 provides a broad overview of the removal enforcement process.

                  Specific procedures arid guidance for the Removal program are set forth in OSWER
                  Directive 9360.0-03B, the Suoerfund Removal Prope
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    Typfsof
    Removals
    Removal
    AdMlts
and section 106 of CERCLA authorizes the President to order measures necessary to
abate imminent and substantial endangerment to the public health or welfare or the
environment because of an actual or threatened release of a hazardous substance.
Section 106 also sets forth fines for any person who, without sufficient cause, willfully
violates or fails or refuses to comply with a section 106 order. Specific standards and
procedures for implementing CERCLA and for conforming with other statutes are set
forth in the NCP.

EPA has classified removals into the following three categories based upon the site
evaluation and the urgency of tine situation:

        Emergencies-removals where the release, or threat of release, requires that on-
        site cleanup activities begin within hours of the lead agency's determination that
        a removal action is appropriate

        Time^ritical-removals where, based on the site evaluation, the lead agency
        determines that a removal action is appropriate and that there is a period of less
        than six months available before cleanup activities must begin on site

        Non-Timo-Critical-removals where, based on the site evaluation, the lead
        agency determines that a removal action is appropriate and that there is a
        planning period of more than six months available before on-site activities must
        begin. The lead agency must undertake an Engineering Evaluation/Cost
        Analysis (EBCA), or its equivalent, for non-time-critical removals.

The urgency determination is a deciding factor in determining the amount of time that
can be devoted to a PRP search prior to on-site action, negotiation length, the  type
and timing of public participation, whether an EE/CA must be conducted, and the
extent of compliance with other environmental statutes.

According to section 101(23) of CERCLA and section 300.65 of the NCPt, the response
activities listed below may be appropriate removal actions in  certain situations. This list
 is neither intended to limit response officials from taking other actions deemed necessary
 under the circumstances, nor is it intended to preclude  the lead agency from refemng
 response actions to other appropriate Federal or State enforcement authorities.

         Fences, warning  signs, or other security or site control precautions-where
         humans or animals have access to the release;

         Drainage controls (e.g., run-off or run-on diversion)-where precipitation or runoff
         from other sources (e.g., flooding) may enter the release area from other areas;
       The 1985 NCP Is effective, until amended, except as modified by SARA.  The proposed
ravtetons, 53 £H S1394 (December 21,1988) are not yet effective. However, they may serve as
guidance where SARA required changes to the program.
                                          -2-

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                                                    Exhibit 11-1

                                     Overview Of Removal Enforcement
                              Activities Relationship to Response Activities
                 Enforcement Activities
                      Preiminary PRP Search
                             I
                        Oral/Written General
                     Notification of Known PRPs
                             I
                     Follow up on Early Search
                       Activities and Notice
                     Enforcement Addendum to
                       Action Memorandum
                          Issue Notice
                      (Possibly with draft AOC)
                       Make Administrative
                     Record Available to Public
                    Oversight of PRP Removal
Coordination of Removal Response
         Assess Removal
        Response Options
     Final Decision on Removal

     Administrative Record File
              1
    Signed Action Memorandum
                                                                                        Initiate Fund*
                                                                                      Financed Removal
      Public Comment Period
       Written Response to
      Significant Comments
' This general overview of removal enforcement may not apply in al situations, especially emergencies

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              •       Stabilization of berms, dikes, or impoundments-where needed to maintain the
                     integrity of the structures;

              »       Capping of contaminated soils or sludges-where needed to reduce migration of
                     hazardous substances or pollutants or contaminants into soil, ground water, or
                     air;

                     Using chemicals and other materials to retard the spread of the release or to
                     mitigate its effects-where the use of such chemicals will reduce the spread of
                     the release;

              •       Rembval of highly contaminated soils from drainage or other areas-where
                     removal will reduce the spread of contamination;

              •       Removal of drums, barrels, tanks, or other bulk containers that contain or may
                     contain hazardous substances or pollutants or contaminants-where it will reduce
                     the likelihood of spillage; leakage; exposure to humans, animals or food chain; or
                     fire or explosion;

              •       Provision of alternative water supply-where it will reduce the likelihood of
                     exposure of humans or animals to contaminated water.

Statutory     Section 104{C) of CERCLA specifies that Fund-lead removals may not exce*ed either $2
Umftsttons    million in cost or 12 months in duration. The criteria for exceeding the statutory limits
and          (which do not apply to PRP-lead removal actions) include:

                     An immediate risk to public health, welfare or the environment exists;
                     •continued  response actions are immediately required to prevent, limit or
                     mitigate an emergency; and such assistance otherwise will not be provided on
                     a timely basis.

              •       Continued response action is otherwise appropriate and consistent with the
                     remedial action  to be taken.

              OSCs who request an exemption to the statutory limits on cost or duration for a Fund-
              lead removal action should first ensure that all potential avenues of securing PRP
              cleanup or funding for cleanup have been pursued. Headquarters carefully reviews all
              cost exemption requests for Fund-lead removal actions for evidence of activity to secure
              PRP participation in the cleanup. The following enforcement-related  information should
              be included in the exemption request Action Memorandum:                  ,  .  .

              •       Extent of the PRP search

              •       Whether PRPs have been identified

                     Financial status of PRPs, if PRPs have been identified
                                      -3-

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              •      Whether notice letters (special or general) were issued

                     Whether previous negotiations have been held with the PRPs and the results of
                     those negotiations

                     Whether an AO has been issued to the PRPs or previous demands for
                     reimbursement have been made

                     Status of the Administrative Record

              •      Enforcement history of the site

              •      Enforcement options, discussion and recommendations.

              Specific procedures for obtaining exemptions to the statutory limits on Fund-lead
              removals are set forth in the Suoerfund Removal prpqejIumsJMaouai.

Mministra-   Section 113(K) of CERCLA requires that the Agency establish an Administrative Record
tivs Record   for selection of CERCLA response actions. The Administrative Record is the body of
and Public    documents upon which the Agency bases its selection of a response action. Section
Participation  113(k)(2) of CERCLA requires that EPA develop procedures for appropriate
              participation of interested parties in the development of an Administrative Record for a
              removal action.  The Administrative Record should consist of documents that the
              Agency considered or relied on to select the response action and when appropriate,
              include documents demonstrating the public's opportunity to participate in the selection of
              the response action. More  information on the Administrative Record is .contained in
              Chapter XV, Records Management.

              Among the key components of the Administrative Record are the Action Memorandum
              and underlying inspection reports and data

              The proposed revisions to the NCP and associated preamble constitute guidance on
              development and maintenance of the Administrative Record and public participation
              requirements.  In addition, guidance on Administrative Records is provided in OSWER
              Directive 9833.3A, "Interim  Guidance on Administrative Records for Selection of
              CERCLA Response Actions" (March 1,1989). Exhibit II-2 depicts the various proposed
              activities EPA is considering as requirements when establishing an Administrative
              Record for each of the removal categories defined earlier in this chapter. The
              requirements for each removal category differ to ensure that the Administrative Record
              does not unduly create delays in emergency and time-critical removal actions. OSCs and
              RPMs should refer to OSWER Directive 9833.3A cited above, for information  on the  '
              specific documents that should be included in Administrative Records for removal actions.

VWflten        A written response to significant comments received during the public comment period
iaw.m~.,.      should  be included in the Administrative Record file along with the comments.  It
              serves to document how public comments have been considered during the decision-
              making process and to provide answers to significant comments raised.
                                     -4-

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                            Exhibit 11-2
Proposed Community Relations And Administrative Record Requirements For Removals
Activity
Designate spokesperson
Notify affected citizens
Establish Administrative Record (AH)
lie
Make AR available when EE/CA approval
memorandum is signed
Make AR available within 60 days of
initiation of site activity
Place AR in central location
Place AR at or near facility
Notify public of AR
Provide a 30 day comment period from
date AR is available
Prepare written response to significant
comments
Conduct community interviews
Prepare Community Relations Plan
Time-critical1
Where on-site activity lasts
(ess than 120 days
(includes emergencies)
X
X
X

X
x
X*
X
X"
X


Time-critical1
Where on-site activity lasts
mow than 120 days
X
X
X

X
X
X
X
X
x
X
X
Non-time-critical2
X
X
X
X

X
X
X
X
X
X
X
1 Removals where; based on the 2 Removals where, based on the * The AR file for emergency removal " Where appropriate.
site evaluation, (he lead agency site evaluation, the lead agency actions where on-site activities
determines that a removal action is determines that a removal action is cease within 30 days of initiation
appropriate and that there is a appropriate and that there is a need onty be available for public
period of less than six months planning period of more than six inspection at the central location.
available before on-site activities months available before on-sfte ••
must be initiated. activities must begin.

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                  1   PROCEDURES AND INTERACTIONS

A.  PRP Search  PRP searches are discussed in detail in Chapter IV, PRP Search, Notification, and
                  Information Exchange. The urgent nature of emergency removal actions may require
                  response initiation prior to an extensive PRP search that goes beyond identifying the
                  owner/operator.  This section discusses PRP searches related to removal actions.

    PRP         Where PRPs are known and able to perform the removal, EPA prefers that they
    Response     undertake the response action pursuant to an administrative order. A PRP investigation
    Policy        should be a part of the preliminary assessment that an OSC conducts under section
                  300.64 of the NCP. To the extent appropriate under the circumstances, the OSC is to
                  search further for responsible parties and attempt to have them perform the necessary
                  removal action. In addition, supplemental searches may be warranted during a
                  stabilization action for PRP takeover of the disposal and for cost recovery if the
                  removal is conducted with use of the Fund.

    PRP Search   A PRP search strategy is important.  As background to conducting removal PRP
    Strategy      searches, the general steps in the PRP search process are described in Chapter IV. The
                  level of effort of the'PRP search and period of performance of search tasks in removals
                  depend on the amount of time between discovery and the execution of the Action
                  Memorandum, the urgency of the release situation, the likely expenditures on the
                  removal, and available resources.  For descriptive purposes, Exhibit 11-3 shows how the
                  level of effort tends to vary with urgency.  While the amount of removal expenditures
                 affects the expenditures for a PRP search, this concept is not depicted by the chart.
                  Information gathered during the PRP search, such as that indicated by the activities in
                 Exhibit l!-3, is essential to support an enforcement strategy at Superfund sites.

                 In many removal situations, effective PRP searches depend partially on the presence in
                 the field of the personnel conducting the search.  To  realize the advantage of having PRP
                 research conducted partially in the field, and as a matter of standard procedure, the
                 enforcement project  manager, if different from the OSC,  should consult with the OSC on
                 the PRP search as well as other aspects of the case.  It is important that search
                 activities be well-documented  even if the result is that no  viable PRPs are identified.

   Emergency    In emergency situations where the PRP is not immediately known, the OSC usually
   O(4>* **4/4» •»      AAA^> . .^IA ,ii_ A n^^ n	i_  • _ •..._. i.       ••.*••    .    ..  .      .            *
   Situation
conducts the PRP search in two phases. Initially, streamlined procedures, consisting of
oral inquiries of municipal officials and reasonably available on-site sources, as well as
reviews of readily available site records are implemented.  Oral inquiries should be
documented as soon as practicable. Obvious visual information of possible PRP links to
the site should be recorded if time permits. TAT or TES support under an expedited
work assignment may be employed. The OSC  should, to the extent possible, prioritize
and expedite certain search activities to support the notice, negotiation and '
administrative order process before the removal begins. Once the site is stabilized, the
second phase of PRP identification efforts should continue. This phase of the PRP
search may support cost recovery efforts and partial-work orders.  Depending on
response expenditures, available resources and the site strategy, the civil investigator
and contractor (e.g., TES) may provide assistance  on the follow up search.
                                        -5-

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77/Tjg.         In time-critical situations, the OSC should follow procedures that expand upon the PRP
Critical        search activities discussed for emergency situations. Title searches and on-site
Situation      interviews also should be undertaken (OSCs should coordinate with civil investigators to
              determine what information needs to be obtained). OSCs also may use 104(e)
              information requests that include questions pertaining to financial viability to obtain
              additional evidence during the PRP search.

Afcn.          At a minimum, the OSC should conduct the same preliminary PRP search measures
77/ne-         discussed above. In addition, depending on the level of expenditures and the amount of
Critical        time available, the OSC may take additional steps, such as further questioning of
Situation      persons on or near the site and on-site investigation for names of PRPs (e.g., records
              review). After the OSC has made a preliminary effort to identify PRPs, he or she may
              request Regional enforcement personnel to conduct a potentially responsible party search
              to identify generators and transporters. A baseline report as described in Chapter  IV
              should be prepared and decisions should be made on specialized tasks. Where PRPs do
   "          not conduct the work, an interim final report will be necessary.

              Technical Enforcement Support (TES)  contracts, Technical Assistance Team (TAT)
              contract support, or civil investigators may be used to support PRP searches in non-time
              critical  situations.  Other support may be available through the use of 8(a) (i.e., minority
              or disadvantaged contractor set-aside) contractors.  OSCs also may request the
              assistance of the National Enforcement Investigation Center (NEIC) in conducting a PRP
              search.

All Removals  OSCs should be prepared to obtain the necessary approval to conduct a Fund-lead
              response if no PRPs can be identified. However, the initiation of a Fund-lead response
              does not mean that the search for PRPs is discontinued. During a Fund-financed
              removal, OSCs should fully document possible evidence of liability at the site in
              anticipation of cost recovery litigation. Documentation activities include photographing
              the site to verify site conditions and obtaining evidence of PRP links to the site such as
              site records identifying owners/operators.  OSCs may utilize TAT contractors in
              gathering information that may help establish a party's status as a PRP. Efforts  to
              locate  PRPs should continue throughout the removal action to support cost recovery
              efforts and possible PRP involvement in  any future response actions.
PRP
Search
Comptetion
Entorctom*
srti
Pfenning
              As noted in Chapter IV, PRP search reports usually should not be viewed as complete
              PRP searches. In most multi-party cases where substantial funds are spent, specialized
              tasks also will be utilized to provide adequate information beyond the baseline report.
              Exhibit 11-3 shows the information that the PRP search effort should include or yield to
              meet the target of a completed PRP search.
                                                                                         i
              After initiating the search for PRPs, but prior to issuing notice, decisions must be made
              regarding the site lead and enforcement strategy. Careful planning during this phase of
              the removal helps ensure that negotiations and other enforcement activities will be
              conducted with greater success.
                                      -6-

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                                                                              Exhibit 11-3
                                                                       PRP Search Activities
c
o
S

Follow up search conducted later.
           Preliminary search
           •  Gather visual evidence from site
           •  Conduct on-site interviews
           •  Consult municipal officials
           •  Review readily available site
             records
Use TAT for preliminary activities
Issue 104(e) information requests .
Document additional evidence linking PRP to site
(e.g.. photos)
Conduct a title search (coordinate with civil
investigator)
Conduct off-site interviews
Review relevant site records
Gather visual evidence from site
Conduct on-site interviews
Consult municipal officials
Review readily available site records
                                                                                                                    Prepare interim final PRP search report
                                                                                                                    Issue 104(e) information requests regarding
                                                                                                                    generators and transporters
Prepare baseline PRP search report
Document additional evidence inking PRP to site
(e.g.. photos)
Conduct a title search (coordinate with dvi
investigator)
Conduct off-site interviews
Review relevant site records
Gather visual evidence from site
Conduct on-site interviews
Consult municipal officials
Review readily available site records
                            Emergency
                                                                    Time-Critical
                                                                      Urgency of the Situation
                                                             Non-Time-Critical

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 Site Lead    When viable PRPs have been identified, every attempt should be made to secure PRP
              conduct of the removal activities.  However, site lead decisions must be based on the
              exigencies of the particular situation.  Primary factors to be considered  in making a site
              lead decision include:

              •      Immediacy of the need to respond

              •      Strength of the case on PRPs' liability

                     Financial viability of the PRPs.

              Other criteria to be considered include:

              •      Ability and  need to precisely define the removal

              •      Unique technical problems, including oversight

              •      Technical capability of the PRP to conduct the removal

              •      Willingness of PRPs to conduct the removal (lack of willingness does not preclude
                     an AOU)

              •      Availability of the Fund

              •      Cost of the removal (very low-cost removals have low priority for  enforcement).

              In addition, consideration should be given to the workload of the Regional staff and the
              extent of oversight activities.

Enforcement  Except in true emergencies, prior to initiating the PRP notification process,  the OSC
Strategy -    should prepare a bn'ef strategy that  details the information and activities needed to
Addendum to  successfully plan a removal action.  An "Enforcement Sensitive" attachment that
Action        includes information on the enforcement strategy, PRP response, and previous actions
Memo         should accompany the Action Memorandum for the site.  If time permits, the enforcement
              staff should undertake the following  activities when preparing for negotiations with
              PRPs:

              •        Review  results of  preliminary PRP search efforts for adequacy and accuracy
                      and supplement as necessary

                      Determine notification strategy

              •        Review problems posed by site                      -          •

                      Develop clear statement  of work to be done consisent with draft Action
                      Memorandum
                                      -7-

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                          Prepare draft Administrative Order  (AO)

                          Develop negotiations strategy.

                  Preparing a brief negotiations strategy prior to the initiation of negotiations helps ensure
                  that the OSC has considered various aspects of the situation which could affect
                  removal activities.  For example, at a drum site the OSC should attempt to establish the
                  number of drums, how many are leaking, how  many are overpacked, and any other
                  information that would affect plans for removal activities. Obtaining this information
                  also prepares the OSC for the first round of negotiations with the PRP, which can be
                  jeopardized by inadequate preparation and unclear cleanup goals.  The statement of work
                  should be attached to the notice letter that advises PRPs of their potential liability and
                  possibly initiates negotiations with EPA for conducting the removal.

C. PRP Natlc*     Where PRPs have been identified, EPA's general policy is to notify PRPs of their
                  potential liability and to advise them of the intended response action. Where the
                  circumstances allow, there often will be two notice letters:  (1) notice of liability and (2)
                  notice of an opportunity to negotiate to conduct the removal (negotiations are discussed
                  in Section D of this chapter). In emergencies and some time-critical removals, these
                  notice letters and the negotiations processes may be combined. Moreover, in
                  emergencies,  the notification process may involve oral notification of identified PRPs,
                  which should be confirmed with a written notice letter.

                  The content of notices vary depending on whether:

                         The notice will be used simply to notify PRPs of their potential liability; it may
                         further advise the PRP of an action EPA has already taken or is about to take;

                         The notice will be used to encourage a private party response through
                         negotiations;

                  •       The notice will be used as a mechanism for invoking the section 122(e) special
                         notice procedures which provide for negotiations with  a formal moratorium on
                         response. Emergency and time-critical  removals do not follow special notice-
                         procedures due to the urgency of these situations.

                  Where possible, the Regional program office should send notice letters to all known PRPs
                  prior to the initiation of the removal action.  The OSC must consult and coordinate with
                  Regional enforcement staff in notifying PRPs of their potential  liability and requesting
                  removal action by the PRP. Execpt in limited emergency situations, it is inappropriate to
                  provide initial notice by a unilateral administrative order. Exhibit il-4 identifies the steps/
                  involved in securing potentially responsible party action. OSCs should refer to Chapter
                  V of the Suoerfund Removal Procedures Manual and OSWER Directive 9834.10, "Interim
                  Guidance on Notice Letters, Negotiations, and Information Exchange" (October 19,19IB7)
                  for policies and procedures concerning the notification process.  Also, OSWER has
                  distributed model notice letters (OSWER Directive 9834.10, "Model Notice Letters,"
                  February 7,1989) and most Regions have their own models.
                                         -8-

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                                            Exhibit 11-4

                             Securing PRP Action for Removals
                                        Regional Technical Enforcement
                                                 Personnel
                                          Determine that Response
                                         Activities may be necessary
                                                    1
                                        Regional Technical Enforcement
                                                 Personnel
                                               Identify PRPs
  Regional Technical Enforcement
            Personnel   	
    Continue Search Follow-up
            Activities
       Initial
    PRP Search
   ^Successful*,
NO
          Regional Technical Enforcement
                   Personnel
           Determine Extent of Continued
               Search and Followup
                                        Regional Technical Enforcement
                                                 Personnel
                                          Notify (oral/written) PRP of
                                                  Liability
                                           Regional Program Office
                                         Prepare Action Memo & AR;
                                        Notify PRP of Required Action
                                        Regional Technical Enforcement
                                                 Personnel
                                        Notify/Request PRP to Conduct
                                        Removal and Negotiate with PRP
                                Regional Technical Enforcement
                                         Personnel
                                        Identify PRPs
   Regional Administrator
        Issue AOU
         Region
 Hold Conference with PRP
    Negotiations
   Result in AOC?
                                                                                     Regional Administrator
                                                                                          Issue AOC
                                                PRP/Region
                                          Enter into Consent Order or
                                          Perform Removal Based on
                                            Unilateral Agreement '*
   Initiate Fund-financed
Response Followed by Cost
 Recovery or Initiate § 106
 Litigation to Enforce Order
                                                   PRP
                                               Initiate Cleanup
     OSC/RPM
Monitor PRP Cleanup
               '* AOU does not have to be converted to AOC for PRP to initiate response actions.

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   Notification in
   Emergency
   Situations
    Notification in
    Time-Critical
    Situations
    Notification in
    Non-Time-
    Critical
    Situations
D.  AOC
    Negotiations
    andAOU
    Assistance
In emergencies, the OSC may notify known PRPs orally. The Regional program office
then should prepare and send a general notice letter to the PRP confirming the oral
notification of liability and any request for response. The Regional program office should
send the notice letter as soon as possible following the oral notification.  While a written
notice letter typically precedes the initiation of an administrative order (discussed in
section D of this chapter), this is not necessary in emergencies, given the limited time
available.

In time-critical situations, the OSC may initially notify PRPs orally and follow the same
procedures as in an emergency.  Whenever possible, it is preferable that notice letters be
issued before the removal action. Moreover, the OSC should conduct a review of and
follow up on preliminary PRP search activities to ensure all reasonably known PRPs
have been identified.  The extent to which  PRP search activities may be reviewed and
upgraded is dependent on the urgency of site conditions.

In non-time-critical situations, procedures for obtaining PRP response are more likely to
involve formal negotiations which may be invoked by issuance of a special notice or
section 122(e) letter.  First, the PRP search should be reviewed and any outstanding
leads pursued during  the drafting of the proposed EE/CA. 'The PRP search review and
follow-up activities should include the use of section 104(e) information requests (see
section IV of this chapter). Notice letters should be issued to PRPs and, depending on the
response, an Agency team of Regional technical and legal personnel should quickly
schedule negotiations aimed at securing PRP cleanup within an established period of time.

The use of the special notice procedure should only be considered for non-time-critical
removal actions because the issuance of a special notice triggers a 60-120 day
moratorium on EPA action and a specific time frame for negotiations.  Therefore,
CERCLA section 122(e) special notice procedures should be used only for those removals
where site activity need not commence for  60-120 days following issuance of the notice
letter.

The site lead determination and enforcement strategy (see section B of this chapter) will
determine the general approach to negotiating activity at the site.  Where negotiations
are part of the strategy and time allows, the preferred approach to negotiations is to
send the PRP a notice letter specifying the work to be done and establishing a time
frame for negotiation of an Administrative Order on Consent (AOC). Where possible, it
is advantageous to send the PRPs a model AOC, with the letter or as soon thereafter
as possible.  While it is appropriate to advise PRPs that EPA may issue a Unilateral
Administrative Order (AOU) if they do not consent to an AOC, unilateral orders are not
preferred where an AOC is possible. In addition, informal agreements are not credited by
Headquarters. For leverage in negotiating  an AOC, it often is helpful to have a signed
Action Memorandum. The preferred outcome of the negotiations is an AOC.

The time period for negotiations should reflect the exigencies of site conditions; the nature
of the work being discussed; and the response of the PRPs to prior communications. In
non-time-critical situations where EPA has  issued a special  notice and the PRP has
                                          -9-

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              responded with a good faith offer, an automatic 60-120 day moratorium on EPA activity
              at the site establishes a fixed period during which negotiations may occur.

              It is very important to have a detailed technical scope of work when entering into
              negotiations.

              Enforcement staff may take the following steps when conducting negotiations with
              PRPs:

              •      Meet with PRPs

                     Negotiate language in the administrative order

              •      Negotiate technical points and schedules in the workplan

              •      Enter into an AOC, to which PRPs agree and sign, or issue an AOU, in which
                     PRPs do not execute their consent by signing.

              Due to the time-sensitive nature of removal incidents, the negotiation process is often
              accelerated and certain steps described above maybe eliminated. The negotiations
              schedule should be specified to PRPs in writing.   .

              In some instances, it may take as little as two weeks to conduct negotiations and sign an
              administrative order on consent; however, it can take several months depending on the
              progress of negotiations. For simple removals, the order may detail work to be done. For
              more complex removals, the  order often provides the scope of work for later response
              activities and requires the  PRP to draft the detailed work plan as a deliverable if the
              OSC has not already written  the work plan. This enables the AOC to be signed and the
              PRP to initiate stabilization measures at the site before a completed work plan has been
              agreed upon.

              In some cases, Regional personnel may find that PRPs wish to negotiate to conduct a
              portion of the removal action. The PRP may be financially or technically unable to
              completely address  some of the contamination at the site. It may be appropriate to have
              the PRP undertake simple tasks (e.g., security) as well as others that he can accomplish.
              Where the PRP appears to be incompetent or lacks substantial resources, it often  is
              preferable to initiate a Fund-lead response. At some non-emergency removals, there
              may be viable PRPs that are willing to settle by conducting only a portion of the work so
              that EPA will pursue other PRPs  for the remainder by unilateral order and/or cost
              recovery action.  If the nature of the removal and the universes of PRPs who would
              settle and would not settle warrant such an order,  this is known as a "carve out" order.
                                                                                         /
Administra-   As noted earlier, the preferred product of negotiations is a CERCLA section  106(a)
tive Orders    Administrative Order on Consent (AOC), also known as a consent order. Removal AOC
on Consent    provisions may include the  following:
(AOC)
                     Introduction: Establishes that the AOC is a voluntary agreement.
                                     -10-

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Jurisdiction: Describes the authority under which EPA has issued the order.

Parties Bound: Lists to whom the order applies and directs them to provide
copies of the order to any successors, subsequent owners, or contractors.

Statement of Purpose: States the objectives of the order.

Findings of Fact: Provides enough factual information to establish the
Conclusions of Law and provide a predicate for the work to be performed.

Conclusions of Law: States that the respondent(s) has been identified as a
responsible party and why the Agency has determined it to be appropriate to
conduct a removal action.

Notice to the State:  States that notice  of issuance of this order has been
provided to the appropriate State.

Work to be Performed: Specifically describes the work to be conducted as
divided into tasks.  A standard first task that should be added for unilateral  .
orders is a requirement that respondents provide verbal and written notice of
their intent to comply within days of issuance of the order.

Quality Assurance:  Specifies QA/QC requirements.

Modifications to the Work to be Performed: Describes  how modifications may be
achieved.

Administrative Record File: States that EPA determines the content of the
Administrative Record.

Designated Project Coordinators:  Requires designation of project coordinators.

Site Access, Record  Availability, and Record Preservation: Requires
respondent(s) to provide or secure acces to the site, to provide access for EPA
to review any records, and to preserve site files for a minimum of nine years.

Dispute Resolution:  States agreed upon dispute resolution procedures.

Delay in Performance/Stipulated Penalties: Establishes a violation list and
stipulated penalties for each such violation.
                                                             /
Force Majeure: States force majeure provisions. -

Oversight Reimbursement: Requires oversight reimbursement.

Payment of Past Costs
                 •11-

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    Orders
(A OU)
              •       Reservation of Rights and Reimbursement of Other Costs: Reserves EPA's
                     right to bring action against respondent(s) to complete this work, or for other
                     work and for costs. Also states that nothing in the order releases the
                     respondent® from other claims filed by other parties.

              •       Disclaimer: Releases respondent(s) from admission of guilt by signing the order.

              •       Effective Date:  Establishes the order's effective date.

                     Termination and Satisfaction: States that EPA will give the respondent(s)
                     written notification when it has determined the order to be completed.

Unilateral     In emergency and some time-critical situations, Regional staff may find it necessary to
Administra-   bypass negotiations and immediately issue a Unilateral Administrative Order (AOU). In
              addition, if viable PRPs fail to respond appropriately to the oral/written notification and
              negotiation process described above, Regions should pursue issuing a CERCLA section
              106 AOU unless there is good reason not to issue an order. The following criteria must
              be satisfied to issue an order:

              *       Liable parties have been identified

             . •       There is evidence of a release or threat of a release of a hazardous substance

                     There is evidence that the release is from a facility

              *       Site conditions may present an imminent and substantial endangerment (Note:'
                     the courts have interpreted this standard very broadly and have not required a
                     finding of immediate threat)

                     The affected State has been notified

                     The removal is not inconsistent with applicable law (see CERCLA and the
                     NCP).

              Unilateral orders are an  effective way to achieve PRP response in situations where
              there is insufficient time to pursue thorough negotiations, or the PRP is unwilling to
              conduct the cleanup pursuant to an AOC. The provisions of an AOU are similar to an
              AOC, except that more detailed findings  of fact are stated. Also, AOUs usually contain
              a provision requiring noticed intent to comply within a specified period and the AOU
              usually does not contain  past costs, stipulated penalties, dispute resolution, or force
              majeure clauses.                                                             ;:

Issuance of   Regional enforcement staff should issue an AOU before Fund activation whenever a
AOUs        PRP has been identified  (unless the PRP  is non-viable), provided the criteria for site lead
              discussed earlier in section B are met and the order is within Regional resources. The
                                      -12-

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                   OSC and other Regional personnel should continue the process of obtaining approval for a
                   Fund-financed action, providing the PRP does not comply.

     Activation of  If site conditions warrant, the OSC should immediately initiate on-site response activities
     Fund During   while the AO process continues.  PRP takeovers of removals are limited. Where
     AO Issuance  appropriate, at a convenient break in the response activities, EPA may demobilize its
                   contractor and the PRP may assume responsibility for the remaining activities required.
                   In such cases, the AO should be revised to reflect the PRP takeover.
     Replace-
     ment of
     AOU with
     AOC

     Enforce-
     ment of AO
£   Oversight
     Of PRP
 The recipient of the AOU may agree to comply with the terms of the order.  In some
 cases, EPA may withdraw the unilateral order when it is replaced by an
 administrative order on consent.  EPA generally does not devote a significant amount
 of time to a second round of negotiations.

 Non-compliance with AOs is determined through the oversight process. There are two
 kinds of noncompliance:

        No major response to the order, and

 •    ,   A response that does not satisfy the order.

 If the recipient does not comply with the terms of the order, EPA usually will proceed
 with a Fund-financed response and subsequent suit for cost recovery under CERCLA
 section 107 (including punitive treble damages if the PRP did not have sufficient cause for
 non-compliance with an AO).

 In certain situations EPA, with DOJ assistance, will enforce the terms of the order and
 compel PRP response through judicial enforcement actions under section 106 of CERCLA
 Although the  Agency has the authority to refer a section 106 action (e.g., filing a section
 106 complaint), it is often preferable not to do so when Fund monies are available and the
 delays of litigation are inconsistent with program direction.  Violation of an AOU  will set
 up a treble damage and penalties action under section 107 of CERCLA.

 Guidance on  the issuance of administrative orders for removals is currently being revised
 by the Office  of Waste Programs Enforcement (OWPE) and the Office of  Enforcement
 and Compliance Monitoring (OECM) in Headquarters.

 An AO prescribes the activities the PRP must undertake.  It also prescribes the
 completion date for the entire response as well as the discrete parts of the response
 (including oversight provisions and associated costs).

 Regional personnel responsible for monitoring PRP compliance should either remain on site
 or visit the site periodically, whichever is appropriate given the circumstances of the
 release and the nature of cleanup activities. Oversight activities by Agency/personnel
 may be supplemented through the use of contract resources such as TAT or TES.
Contractors may assist Agency personnel in overseeing field activities and conducting
technical review of work plans, protocols, site data, and reports.
                                         -13-

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                  When the PRP agrees to undertake response action, but monitoring by the OSC or
                  CERCLA enforcement personnel shows that the actions are not timely or appropriate,
                  EPA may either take action to enforce the AO by CERCLA section 106 judicial action or
                  take over the response and pursue cost recovery.

     Oversight     Costs associated with oversight of PRP response actions, including removal actions, are
     Costs        fully recoverable under section 107 of CERCLA.  To facilitate the preparation of
                  potential future cost recovery actions against either PRPs conducting the removal or
                  other non-participating PRPs, OSCs and RPMs should comply with the cost
                  documentation procedures described in Chapter XII, Cost Recovery.

                  Recoverable costs include both intramural (e.g., EPA payroll and travel  and indirect
                  costs) and extramural (Agency contractors' costs) oversight costs.  The Superfund
                  Indirect Cost Manual for Cost Recojieiy-flir420£e^J:YJS3J^           (March 1986)
                  developed by the Superfund Accounting Branch, Financial Management Division provides
                  an explanation of how EPA's extramural cost rates are developed and  how those rates
                  should be used to calculate extramural oversight costs for individual Superfund sites.
                  Detailed information on cost recovery is located in Chapter XII, Cost Recovery.
                  Information on cost management and recordkeeping is also in'the Rerrjovaj Cost
                  Management Manual (April 1988).

F.   Criminal      If at any time during removal actions criminal activity is suspected, the Special-Agent-ln-
     kmstfgatfon  Charge should be notified immediately to begin criminal investigative activities. In
                  situations where a criminal investigation has been initiated by the NEIC, the OSC or
                  RPM, Regional Counsel should exercise caution on becoming involved in a criminal
                  investigation while conducting a PRP  search, administrative or civil investigation.
                  Additional information on criminal investigations and the role of the NEIC and Regional
                  personnel is provided in the memorandum "Functions and General Operating Procedures
                  for the Criminal Enforcement Program" (Courtney M. Price, January 7,1985).

G.   Community   Community relations activities are ongoing throughout removal actions, varying in
     Relations      extent with the urgency of the situation. The objectives of community relations
                  during removal actions include:

                         To identify citizen leaders, public concerns, and a site's social and political
                         history and encourage citizens to express concerns and provide information

                  •       To take into account community, including PRP, views and concerns into the
                         decision-making process
                                                                                             /
                  •       To provide information to the community on the health and environmental    .
                         effects of releases and proposed response action.                        ;

                  By providing information as directly and quickly as possible, the OSC  will ensure that the
                  community receives the information it needs about the response action and the effects of
                  the release on the community's health and  safety.  OSWER  Directive 9230.0-3B, the
                                         -14-

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              Community Relations Handbook (June 1988) and Chapter 6 of the Community
              Handbook, which was issued under separate cover as OSWER Directive 9836.0-1 A,
              "Community Relations During Enforcement Activities" (November 6,1988), should be
              consulted for current policy on community relations during removal actions.  Regions  are
              encouraged to consider use.of the Regional Response Team (RRT) to assist in
              community relations activities.	             ...   .,  ,	

 Community   Under current requirements, a Community Relations Plan (CRP) should be prepared for
 Relations     all response actions lasting longer than 45 days.  Before preparing a CRP, program and
 Plan          community relations staff must meet with local officials and interested citizens to obtain
              information about the site and to identify public concerns. The plan should provide:

                     Site background

              •       The nature of the community concern

              •       The key site issues

                     The objectives of the community relations activities

              •       Specific activities to be undertaken at the site.

              Responsible parties may participate in implementing elements of the CRP at the direction
              of, and with oversight by, Regional staff. The lead agency develops the community
              relations plan.

Community    Specific types of community relations activities during removals are likely  to include
Relations     meeting with citizens in the community, responding to inquiries from the media, and
Activities     providing local officials with site status information.
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                  1  PUNNING AND REPORTING REQUIREMENTS

A,   Contractor   Resources available to Regional personnel to conduct PRP searches include OSCs, the
     Support      Technical Assistance Team (TAT) contract, the Technical Enforcement Support
                  (TES) contract, civil investigators, enforcement project managers, and the NEIC.
                  Regional personnel should evaluate the contracting support options for conducting
                  effective and efficient PRP searches for removals, and incorporate contractor support
                  into quarterly and annual budget planning procedures. When planning for this contracting
                  support, keep in mind that resources may be constrained by contract capacity or other
                  factors.

                  Regional experience has shown that the TAT is an efficient resource for gathering
                  information regarding property owners and site operators because the TAT is already in
                  the field responding to the removal situation. Some Regions have open-ended TES work
                  assignments that allow for limited PRP research to be conducted while the official
                  paperwork for the work assignment is being processed. This approach has proven
                  effective for limited research but does not allow and should not be used for the
                  identification of a large number of generators/transporters. Regional personnel should
                  note  that the capacity of the TES contract may not allow its  use for all removal PRP
                  searches because  of PRP search activities for the remedial program.  Generally, a
                  standard work assignment is used for PRP search work beyond the initial TAT work.

 a   Information   EPA  has established several distinct but interrelated systems for documenting and
     Managem&tf  tracking removal activities from the initial  notification of the release through the
     Systems     completion of the response. This section identifies the various planning and tracking
                  systems and discusses their relevance to enforcement removals.

     SCAP/       Removals are tracked by SCAP/SPMS through the Comprehensive Environmental
     SPMS       Response, Compensation and Liability Information System (CERCLIS).  Exhibit  11-5
                  summarizes SCAP/SPMS measures relevant to removals. OSCs should coordinate
                  with their information managers to ensure that they are entering information into
                  CERCLIS correctly. Exhibit 11-6 is an example of a completed CERCLIS site information
                  form  (SIF) for a removal. OSCs should complete the SIF using the example outline of
                  fields and values:

                  A.     Operable Unit (Removals always have an operable unit of 00.  All post-SARA
                         removals must be coded 'RV as an event.)
                  B.     Event (RV = Removal)
                  C.     Lead (RP = Responsible Party, F = Fund)
                  D.     Plan start/complete date  (FYQ)
                  E      Actual  start/complete date (MM/DD/YY)
                  F.      SPMS Target (P = Primary, A = Alternate, once a removal has started, it
                         cannot be coded as an 'A')
                  G.     SCAP Note (Information about the removal)
                  H.     Takeover Flag (See below)
                  I       First Start/Complete  Indicator
                  j.      Event Start NPL  Status  (Y/N)
                                         -16-

-------
                Exhibit 11-5
SCAP/SPMS Targets and Measures for Removals
                  Targets
ACTIVITIES
RSTOOYal
NPL Removal Start
Non-NPL Removal Start
NPL Site Completions through
Removal Actions
Remediai/Rempvai
NPL Sites Addressed through removal
action or RI/FS start (S/C-2)
NPL Sites where all remedial/removal
implementation has been completed (S/C-6)
SPMS
TARGEP
X
X
SCAP
TARGET
X
X
X
QUARTERLY
TARGET
X
X
X
ANNUAL
TARGET
X
X
X
X
Measures
ACTIVITIES
Removal Completions
Removal Investigations Completed at
NPL Sites
Removal Completions
Remedial/Removal
Percent of NPL Sites Addressed
to date (S/C 2a)
SPMS
REPORTING
X
SCAP
PLAN/REPORT
X
X
QTRLY
X
ANNUAL
X
X
X

-------
                                                     ExhSbfoi-6
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  JHfOMttTICH IIWI/SVJ/riHI
  tr/it/tt
                                           Sampto S1F for Removals
                                               u.t.  i.r.n. supmuNi ntoouui
                                            CIRCUS  SITE iwoMuuoH FQMI ISIFJ
                                  EHTOKCtnCMT SENSITIVE IWCMtATIOH
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  COOPERATIVE  A6REEHEHT NUMBER:	    COOPERATIVE ASREE. AMEND HO.:  _, _• _• _• _      «T*TE  *« 	


  		CERCLIS FINANCIAL DATA	


 •FIN                                                                               "FUND
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  ML US  11K KC£    »ACH	aaL     AMT.    Ft/a BAIfi   yjuuciE    •CONTRACTOR _ SJAJ^	mif_











                                               -SUMMARY  FltJ FINANCIAL DATA
 FIN
BD6T
SBCl   ACH
 NET       CRK         FHS
cotniT    ccmiT       OPEN
AMMII     DATE       COMMIT
                                                             NET
                                                            OBU6
                                                                      ORIB
                                                                     MLI8
                            NET
                          OUTLAY
                          ANOUHT
 LAST
OUTLAY   FIH   CONTRACTOR NAME/
 DATE    VEH OBL16ATIHB DOC HP
                                                                                           __/__/_
 •CORE DATA EtEHEHT OR CODE
                                          ANY WESTIOHSr  CALL CK CERCLU STAFF
                                                                                                    ACTIONt
                                                                                                                  •CSC OMLYI
  • NOTE: This exhibit presents page one ol (he SIF. The actual SIF includes a second page (oradditenal comments.

-------
                Exhibit 11-5
SCAP/SPMS Targets and Measures for Removals
                  Targets
ACTIVITIES

Removal
NPL Removal Start
Non-NPL Removal Start
NPL Site Completions through
Removal Actions
NPL Sites Addressed through removal
action or RI/FS start (S/C-2)
NPL Sites where all remedial/removal
implementation has been completed (S/C-6)

ACTIVITIES
Removal Completion^

Removal Investigations Completed at
NPL Sites
Removal Completions
Remedial/Removal
Percent of NPL Sites Addressed
to date (S/C 2a)
SPMS
TARGEF






X

X
Measures
SPMS
REPORTING







X
SCAP
TARGET


X
X

X



QUARTERLY
TARGET





X
X

X
ANNUAL
TARGET


X
X


X

X

SCAP
PLAN/REPORT



X
X



QTRLY







X
ANNUAL



X
X


X
• ••x
f
•i
•-I
5
*
'•f
1
?4
"'1
''!
j
-------
                                                   Exhibit K-6

                                           Sampte SJF for Removals
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                                                                                                aetmnvc
                                                                                           r<* wimw. UK OHU
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                                                               •"
                                                                          KMK/mOHEt
                                                                                                       ' - » - -
                      	           <	START	>  <	COMPLETE	>
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1  «IAKEOV£R FIA8:  	     © "I IRSr START: £     © •FIRST COMPLETE: A

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  •RCRA Off-SITE 10:	I   	I  	1   	1   	'  	

  COOPfRAYIVE AGREEMENT NUCER:	'_    COOPERATIVE AGREE. AMEND HO.I _. _. _. _. _      «TATE X» 	


  		CERCLIS FINANCIAL DATA	


 •FIN                                                                            "f"»                           ...
  SEQ HFH3 "FIH BOCT                      "FIN    *PLAH "FIH    "F1H                   PUTT       "FIN                NA
  ML  us lift 9B£C    MCH	aaL    AMT.    fT/^  BAIC  ^YiMJCU    «COHTRACTOR _ SJAJ,	HOC	   J«- -1«-









  		SUmARV Fit* FINANCIAL DATA
 FIN
B06T
      ACM
          NET       MIS        fin
         COmiT    COtHT       OPEN
DCH      AnOUIT     DATE      COttttT
               NET
              MLI6
             AMOUNT
                                                                     WU       NET
                                                                    0»IW     OUTU»
                                                                           ..  AH«Mf
                                                                                          UBT
                                                                                                       OBLIBATINB HOC ND
 •CORE OAf A ElEHEHT « CODE
                                           ANT 4UESTIOMST  CAU CK CEMCLIS STATF
                                                                                                ACTIONi
                                                                                                              CC9C OHtTI
   NOTE: This exhibit presents page one of the SIF. The actual iSIF includes a second page tor additional comments.

-------
                Exhibit 11-5
SCAP/SPMS Targets and Measures for Removals
                  Targets
ACTIVITIES
Bgrnjoyal
NPL Removal Start
Non-NPL Removal Start
NPL Site Completions through
Removal Actions
Remedial/Removal
NPL Sites Addressed through removal
action or RI/FS start (S/C-2)
NPL Sites where all remedial/removal
implementation has been completed (S/C-6)

ACTIVITIES
Removal Completions
Removal Investigations Completed at
NPL Sites
Removal Completions
Remedial/Rempvaj
Percent of NPL Sites Addressed
to date (S/C 2a) ;
SPMS
TARGEf
X
X
Measures
SPMS
REPORTING
X
SGAP
TARGET
X
X
X
QUARTERLY
TARGET
X
X
X
ANNUAL
TARGET
X
X
X
X

SCAP
PUN/REPORT
X
X
QTRLY
X
ANNUAL
X
X
X

-------
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-------
             K.      Financial Requirements:

                     1.      Financial Type (P * Planned Obligation)
                     2      Budget Source (E 3 Enforcement)
                     3.      Financial Amount (Required for oversight)
                     4.      Plan/Actual Financial Date (FYQ, MM/DD/YY)
                     S      Rnancial Vehicle (TES = Technical Enforcement Support)
                     a      Fund Priority Status (APR = Approved, ALT = Alternate).
                     7.      Rnancial Note

             A removal start date is the date the PRP/contractor/OSC begin actual on-site work
             (as entered in CERCLIS).

             For Fund-financed removals, completions are counted on the day the cpntractor/OSC
             have demobilized and left the site. For PRP-financed removals, completions count when
             the Region has certified (via CERCLIS) that the PRPs or their contractors have
             completed a removal action and fully met the terms of the AO, CD or judgment.

             The takeover flag is an indicator that identifies events that have had a change in lead.
             The valid codes are: T = Takeover, TT = Takeover of a takeover, or EV# = An event
             code (C2111) followed by a sequence number to indicate which event was taken over
             that created the new event record.

ERNS        The Emergency Response Notification System (ERNS) is a nationwide, centralized
             database supported by EPA, the U.S.  Coast Guard (USCG) and the Department of
             Transportation (DOT) and  maintained by the Transportation Systems Center (TSC).
             This information-sharing network documents every release notification  received by the
             National Response Center (NRC), EPA Headquarters and Regional offices, and USCG.

             ERNS is a documenting system, not a tracking system. Only the initial notification of
             release  is documented, not the actions performed on the site.  ERNS contains information
             on every reported release (including releases of non-hazardous substances and releases
             below RQ levels), not only those that result in removal action. ERNS also provides
             assistance to Regional enforcement personnel in supporting day-to-day response
             operations and enforcing release reporting requirements.

             Notification System Process

             Exhibit II-7 provides a diagrammatic representation of the ERNS release notification
             process. Responsible parties, private citizens, or State or local officials may report a
             release  to the NRC. The NRC documents the notification and relays the data to the
             appropriate OSC for review and response determination. In the event  that EPA or
             USCG is the first to be notified, the notified agency will document the release incident
             data and relay the information to the appropriate OSC for response determination.
             When the EPA Region is the notified agency, the release data must be transferred within
             two weeks of receipt to the  TSC for compilation and input into the NRC database.
                                    -17-

-------
              EPA Regional ERNS Responsibilities

              EPA Regions and USCG field offices are responsible for:

              •      Taking calls from parties or NRC reporting oil spills or chemical releases

              *      Documenting the notification using standard data collection form

              •      Making response determination

              •      Relaying the release notification report within two weeks of receipt to the
                    TSC.

              These responsibilities ensure the efficient functioning of ERNS.

              EPA Headquarters Responsibilities

              EPA Headquarters, in conjunction with USCG and DOT, are responsible for providing
              overall direction and guidance for the development and operation of ERNS.

              gflA/5 Phase II

              ERNS has been fully operational since October 1987.  As of January 1989, a second
              phase of ERNS became operational.  Phase II verifies notification data and provides a
              direct link to CERCLIS.

IFMS         The Integrated RnanciaJ Management System  (IFMS) is a computerized database which
              tracks costs associated with removal actions.  Costs are categorized by site and type
              of activity (e.g., oversight costs). OSCs and RPMs should use the IFMS to help monitor
              costs at their site, especially if accumulated costs approach the $2 million limit on
              removal expenditures set by CERCLA.
                                     -18-

-------
              EXHIBIT 11-7

    ERNS Notification Process
i»
RESPOHStBLE PARTY
&&$&
DBCOVERS A REPORTS
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¥










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TRANSFERS DATA
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HPUTS RELEASE DATA
(TO MSB WITH* 1 WEEK
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COMPUTES EWERWO
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                      TSC
                   NPVTSREUAU
                    OATAMTO
                   NRCOATAIASI
                      TST
                  INCORPORATES DATA
                   NTOREUTIONM.
                     DATABASE
     TSff:
GENERATES OUARTERLY
 /INOSPECUI. REPORTS
     FOREPA
   T*
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  suewrrs REPORTS
     TO EPA



(
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GENERATES REPORT
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                    use*	
                    (PA:  USEi
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                    TSC:'  OOTi TiiiipiiiitTii tjtmm dear
                                                    IPn

-------
                  IV.  POTENTIAL PROBLEMS/RESOLUTIONS

A,   Civil         Many Regions have identified civil investigators as a timely mechanism for gathering
     Im&tfgator  PRP liability and financial information for removal cases, and noted that civil
                  investigators are effective in a quality assurance capacity to oversee research being  -
                  conducted by enforcement project managers.

                  Region III has recognized the need for a civil investigator to work exclusively on removal
                  cases, and has a full time civil investigator position to work in the field in the early
                  stages of a case.  Regions with removal programs large enough to sustain one civil
                  investigator full time should  investigate the possibility of creating such a position. This
                  position allows the investigator to become familiar with the types of investigative
                  situations that removals present, and prevents conflicts in which priority is required by
                  remedial cases. Additionally, assigning a civil investigator exclusively to removal cases
                  ensures the investigator's availability to conduct PRP research when required
                  immediately for a time-critical removal.
E   Determining
     PRP
     financial
     Viability
C.   Ussof
     kiformstion
     Request
     Letters
Effective PRP searches should yield financial information on PRPs so that the
determination can be made whether to pursue the CERCLA section 106 administrative
order option. To ensure PRP searches yield the necessary financial information, Region
IX includes a financial disclosure form with information request letters issued under
section 104 (e) of CERCLA Standard PRP search procedures in many Regions include
a Dun and Bradstreet system financial report, and review of records for bankruptcy,
property ownership, and financial status information.

The 104(e) information request letter provides a means of gathering PRP liability
and financial evidence, including information on site history, the identity of additional
PRPs, and financial information. Financial information is necessary in determining
whether to issue an administrative order.  Therefore, enforcement personnel should
be involved in removal cases at the outset to facilitate gathering as much
information as possible before issuance of an administrative order.  Section 104 (e)
letters also may be used in conjunction with demand letters, issued approximately 12
months after removal completion during the cost recovery stage, to gather additional
evidence and identify additional PRPs.
                                           -19-

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Guidance
Manuals
V.  REFERENCES

OSWER Directive No. 9836.0-1 A, "Community Relations During Enforcement Activities"
(November 6, 1988).

Courtney Price, "Functions and General Operating Procedures for the Criminal
Enforcement Program" (January 7, 1985).

OSWER Directive No. 9833.3A, "Interim Guidance on Administrative Records for
Selection of CERCLA Response Actions" (March 1, 1989).

OSWER Directive No. 9834.10, "Interim Guidance on Notice Letters, Negotiations, and
Information Exchange" (October 19, 1987).

OSWER Directive No. 9834.1 OA, "Model Notice Letters" (February 7, 1989).

Lee Thomas, "Issuance of Administrative Orders for Immediate Removal Actions"
(February 21, 1984).

Courtney Price, Lee Thomas, "Use and Issuance  of Administrative Orders Under
Section 106(a) of CERCLA" (September 8, 1983).

OECM/OWPE, "Guidance on CERCLA Section 106(a) Administrative Orders" (To Be
Issued).
             OSWER Directive 923Q.O-3B, Community Re.la.tio.ps.
                                                    (November 1 988).
OSWER Directive 9834.6, Potentially Responsible. .Party SeatctLMaojjai. (August 27,
1987).

OSWER Directive 9360.0-02B, Removal Cost ManagemeoLMaauai (April 1988).

Office of the Comptroller, Superfund Indirect Cost MaouaLforLCost Recovery Purposes
FY 83 Through FY 86 (March 19861.

OSWER Directive 9360.0-033, Superfund Removal Procedures. Revision Number Three
(February 1988).

OSWER Directive 9200.3-01 A, SCAP Manual (updated annually).
                       -20-

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THE EMERGENCY RESPONSE NOTIFICATION SYSTEM

-------

-------
                              NOTICE
Emergency Response Notification  -  Please  note that this document
is being updated.   For further information on the status of the
project or  for copies of  the  updated document,  please  call the
RCRA/Superfund hotline at 1-800-424-9346.

-------

-------
           Urnied States        EPA 9360 0-21
           Environmental Protection   August 1389
           Agency
           Emergency and Remedial Response 'OS-2iOi
wEPA  The Emergency
           Response
           Notification
           System

           To report releases of oil and hazardous
      >-v^ substances call the National Response
           Center: 1-800-424-8802.
           ITS THE LAW!


-------
                                                                 WHAT IS ERNS?

                                                         The Emergency Response Notification System
                                                    (ERNS) is a national computer database and retrieval
                                                    system lhat is used to store information on releases of oil
                                                    and hazardous substances. ERNS provides a mechanism
                                                    for documenting and verifying incident notification
                                                    information as initially reported. ERNS is operational in
                                                    all ten U.S. Environmental Protection Agency (EPA)
                                                    Regions and is supported by the U.S. Coast Guard
                                                    (USCG).  Il provides a direct source of easily-accessible
                                                    data that can be used to analyze spills and to support
                                                    emergency planning efforts by Federal, Slate, and local
                                                    governments.
U.S. Environmental Protection Agency
    Emergency Response Division
             OS-210
        401 M Street, S.W.
      Washington, D.C. 20460
       WHY IS ERNS NEEDED?


     ERNS provides a comprehensive, national picture
of oil and hazardous substance releases. Information on
releases is readily available to anyone involved in the
response network to assess potential hazards associated
with a release, and to plan release notification and
response programs. Before ERNS was established, there
was no centralized source of information on all oil and
hazardous substance releases reported to the Federal
government. With ERNS, data from across the nation
can be gathered and analyzed by using one system. Not
only does this speed the process of data gathering, but it
provides a more solid foundation for analysis and
planning purposes because ERNS contains the most
comprehensive source of data ever compiled on releases
of oil and hazardous substances. ERNS also supports the
release notification requirements of the following
legislative and regulatory requirements:

    •   The Comprehensive Environmental Response,
        Compensation, and Liability Act of 1980
        (CERCLA), as amended -- Section 103

    •   Title HI of The Superfund Amendments and
        Reauthorization Act of 1986 (SARA) -- Section
        304

-------
       The Federal Water Pollution Control Act (also
       known as the Clean Water Act) -- Section 311

       The National Oil and Hazardous Substances
       Pollution Contingency Plan (NCP) -- Sections
       300.5 land 300.65
     HOW DOES INFORMATION
              ENTER ERNS?
Information is entered into ERNS when a person calls
the Federal government to report the release of oil or a
hazardous substance. The National Response Center
(NRC), the USCG, and EPA are the Federal authorities
who generally receive the initial release notifications.
The following chart illustrates the percentage of
notifications received by the NRC, EPA, and USCG.
          Percentage of Notifications
       Received by Each Organization
                    in 1988
         (Total Notifications: 28,937)
     The person reporting the release is asked a series
of questions about the release. If the NRC, for example,
receives the initial report, the information is immediately
transmitted to the appropriate EPA Regional Office or
Coast Guard District Office. The EPA or Coast Guard
On-Scene Coordinator (OSC) then  transmits the informa-
tion to the appropriate State and local response authori-
ties and other parlies, as necessary.  Information on all
releases originally reported to the NRC and EPA
Regional Offices is electronically transmitted  from the
NRC or EPA Regional Office to the Transportation
Systems Center at the U.S. Department of Transportation
(DOT)  in Cambridge, Massachusetts, where it becomes
part of the ERNS database. Information on releases
reported to the Coast Guard is provided to ERNS via the
Marine Safety Information System  (MSIS). The NRC,
along with EPA and the USCG, provides a standardized
inter-agency system nationwide for handling incident
data, from discovery to evaluation and response.
         RELEASE NOTIFICATION
           INFORMATION FLOW
                                \
                                                                                                'DOT
                                                                      \

-------
       WHAT NOTIFICATION IS
     REQUIRED FOR RELEASES?


     CERCLA section 103 requires the release of a
rcportable quantity (RQ) or more of a CERCLA hazard-
ous substance to be reported immediately to the NRC.
Under the NCP, regulations implementing CERCLA,
and U.S. Coast Guard reporting regulations, the report
may be made to the predesignated Federal OSC for the
area where the release occurs if notifying the NRC is not
practicable, or to the nearest Coast Guard unit if notify-
ing cither the NRC or Federal OSC is not possible; in  ,
cither event, the NRC must be notified as soon as
possible.

     Under SARA section 304, the release of an RQ or
more of a CERCLA hazardous substance or a SARA
extremely hazardous substance (EHS) must be reported
to the State Emergency Response Commission (SERC)
of any State likely to be affected by the release and to
the Community Emergency Coordinator for the Local
Emergency Planning Committee (LEPC) of any area
likely to be affected by the release. Transporuition-
rclatcd releases may be reported to the 911 emergency
number or, in the absence of a 911 emergency number,
to the operator.  Notification must be followed by a
written report as soon as practicable.

     Under section 311 of the Clean Water Act, certain
oil discharges must be reported. In the oil discharge
regulations (40 CFR Part 110). EPA establishes three
categories of rcportable discharges of oil. A discharge
must be reported immediately to the NRC if it:

    •  Causes a sheen to appear on the surface of the
       water;

    •  Violates applicable water quality standards; or

    •  Causes a sludge or emulsion to be deposited
       beneath the surface of the water or upon the
       adjoining shorelines.
     WHAT INFORMATION IS IN
                   ERNS?
     ERNS contains a wealth of information on specific
releases of oil and hazardous substances. Examples of
notification information in ERNS include:
           Discharger identification
           Date of release
           Material released
           Cause of release
           Damagc/injuries/dcaths
           Amount released
           Source of release
           Incident location
           Response actions taken
           Authorities notified
           Environmental medium into which the
           release occurred
     Information is recorded in ERNS when a release is
initially reported to the Federal government. Initial
notifications, which comprise most of the information in
ERNS, reflect preliminary information on a release, and
are cited as unverified data. Depending on the severity
of the release and any response actions taken, the EPA or
Coast Guard OSC may obtain further information
through assisting at the site of the release or discussing
the situation with State and local officials. In instances
where nolification information is verified, additional and
more detailed data on the release, including information
related to response actions can be added to ERNS.

     For further descriptive information on the data
available in ERNS, please contact EPA's Emergency
Response Division (see address on inside front cover.)
        When in doubt —--> Call the NRC!

-------
  WHAT ARE SOME SPECIFIC USES
 OF INFORMATION CONTAINED IN
                   ERNS?
     Information in ERNS can be used by emergency
 response personnel, enforcement personnel, and others
 who want to analyze any aspect of the release notifica-
 tion and response system. ERNS has been used in the
 following specific applications:
        Guidance and regulatory development
        Congressional inquiries
        Response preparedness
        Compliance and enforcement support
        Statistical and trend analyses
        Program planning and management
        Information requests from the public and
        Federal, State, and local governments
        WHO MANAGES ERNS?

     ERNS is managed and supported by the EPA,
USCG, NRC, and DOT's Transportation Systems Center.
A systems development workgroup comprising EPA
Headquarters representatives, EPA Regional Managers
and On-Scene Coordinators, the NRC, and DOT's
Research and Special Programs Administration and
Transportation Systems Center meets regularly to
manage the development, maintenance, enhancement,
and operations of ERNS at the Regional and National
levels. The workgroup provides a comprehensive forum
for programmers, users of the system, and members of
the emergency response community to exchange ideas
and to identify potential uses of the system and the
information ERNS can provide.
    HOW CAN YOU OBTAIN THE
       INFORMATION IN ERNS?


     Information from ERNS is made available to the
public in periodic reports published by EPA's Emer-
gency Response Division. These reports contain.
summaries of release notifications and can be obtained
from the address below or by calling the RCRA/Super-
fund Hotline at 1-800-424-9346 (in the Washington,
D.C. metropolitan area, call 1-202-382-3000). Examples
of these summaries are provided on the following page.

     For information concerning EPA Regional ERNS
databases, contact the Freedom of Information Act
Office of the specific EPA Region in which you are
interested. Addresses and telephone numbers of the EPA
Regional Offices are located at the end of this brochure.

     Information stored in the National ERNS database
may be  obtained from EPA's Emergency Response
Division through the Agency's Freedom of Information
Act Office. Address your request to:

    U.S. Environmental Protection Agency
    Freedom of Information Act Office
    A-101
    401 M Street, S.W.
    Washington, D.C. 20460

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 EXAMPLES OF INFORMATION
   AVAILABLE FROM ERNS

1988 CALENDAR YEAR INFORMATION
Releases by Mode

Fixed facility
Marine
Highway
Offshore
Pipeline
Railway
Underground
Storage Tanks
Air Transport
Other
Dumber
18.824
3,796
2,353
1.713
1,633
711

363
125
3,419'
Percent
51
13
8
6
6
2

1
0.4
12
EXAMPLES OF INFORMATION
   AVAILABLE FROM ERNS
                                         Reports of PCB Releases
                                              by Region
                                                (1988)
Most Commonly Reported Materials

CERCLA
PCB's
Ammonia
Sulfuric Acid
Chlorine
Hydrochloric Acid
Non-CERCLA
Diesel Fuel
Crude Oil
Gasoline
Unknown Oil
Waste Oil
Number

736
612
370
303
221

3,682
2,914
1,834
1,232
1,166
Percent

15
12
8
6
5

16
12
8
5
5
                                      Reports of Sulfuric Acid Releases
                                               by Region
                                                (1988)

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                                                         f
                                                          Reei
  EPA REGIONAL CONTACTS FOR
          ERNS INFORMATION
 Region 1
 U.S. EPA Region 1
 Freedom of Information Act Office
 JFK Federal Building
 (RPA-2203)
 Boston, MA 02203
 (617) 565-3187
 Connecticut, Massachusetts, Maine, New Hampshire,
 Rhode Island, Vermont
 Region 2
 U.S. EPA Region 2
 Freedom of Information Act Office
 Office of External Programs
 26 Federal Plaza
 Room 905
 New York, NY 10278
. (212)264-2515
 New Jersey, New York, Puerto Rico, U.S. Virgin Islands
 legion 5
U.S. EPA Region 5
Freedom of Information Act Office
(SPA)
14th Floor
230 South Dearborn Street
Chicago, IL  60604
(312)886-6686
Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin
Region 6
U.S. EPA Region 6
Freedom of Information Act Office
(6M-II)
1445 Ross Avenue
Dallas, TX 75202-2733
(214) 655-6558
Arkansas, Louisiana, New Mexico, Oklahoma, Texas
Region 7
U.S. EPA Region 7
Freedom of Information Act Office
726 Minnesota Avenue
Kansas City, KS 66101
(913) 236-2803
Iowa, Kansas, Missouri, Nebraska
 Region 3
 U.S. EPA Region 3
 Freedom of Information Act Office
 (3PAOO)
 841 Chestnut Street
 Philadelphia, PA 19107
 (215)597-2321
 Delaware, District of Columbia, Maryland, Pennsylva-
 nia, Virginia, West Virginia
  Region 4
  U.S. EPA Region 4
  Freedom of Information Act Office
  345 Courtland Street, N.E.
  Atlanta, GA 30365
  (404) 347-3004
  Alabama, Florida, Georgia, Kentucky, Mississippi, North
  Carolina, South Carolina, Tennessee
Region 8
U.S. EPA Region 8
Freedom of Information Act Office
(80EA)
Suite 500
999  18th Street
Denver, CO 80202-2405
(303) 294-7599
Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming
                        10
                       II

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                   United States
                   Environmental Protection
                   Agency
 Office of
 Solid Waste and
 Emergency Response
Directive 9225.3-01 FS
November 1989
         EPA   REIMBURSEMENT TO LOCAL
                   GOVERNMENTS  FOR EMERGENCY
                   RESPONSE TO HAZARDOUS
                   SUBSTANCE RELEASES
   Office of Emergency and Remedial Response
   Emergency Response Division OS-210
               Quick Reference Fact Sheet
      The Comprehensive Environmental Response, Compensation, and Liabilty Act (CERCLA),
 originally enacted in 1980, provides broad Federal authority and resources to respond directly
 to releases or threatened releases of hazardous substances that may endanger human health or
 the environment.  The original $1.6 billion Hazardous Substance Response Trust Fund (the
 Superfund) was designed to pay for the  cleanup of releases  of hazardous substances and
 uncontrolled hazardous waste sites. EPA is primarily responsible for implementing the Superfund
- program.

      On October 17, 1986, the President signed into law the Superfund Amendments and
 Reauthorization Act of 1986 (SARA). These amendments authorize an $8.5 billion Superfund
 and broaden the Federal Government's response authority.  Section 123 of the new law authorizes
 EPA to reimburse local governments for expenses incurred in carrying out temporary emergency
 measures in response to hazardous substance threats.  These measures must be necessary to
 prevent or mitigate injury to human health or the environment EPA published an interim final
 regulation for reimbursing local governments in the Federal Register on October 21,1987. This
 fact sheet provides a summary of the requirements and procedures set forth in this regulation,
 and supersedes the October 1987 Fact Sheet.
WHAT IS THE INTENT OF THE
REIMBURSEMENT PROGRAM?

      The intent of the reimbursement
program is to alleviate significant financial
burden on a local government resulting from
temporary emergency measures  taken in
response  to  hazardous substance threats.
Temporary emergency measures may include
such activities as erecting security fencing to
limit access, responding to fires and explosions,
and  other actions that require immediate
response at the local level. EPA will distribute
the reimbursement money to those applicants
who demonstrate the greatest financial burden.
The law specifies that not more than 0.1 percent
of the total amount appropriated to the Fund
be used for local government reimbursement.
This represents a maximum of $8.5 million over
a four-year period, or approximately $2 million
per year for all requests received nationwide.

WHO CAN REQUEST REIMBURSEMENT?

     Any general  purpose unit  of local
government that incurs costs in response to a
release or threatened release of hazardous
substances after the effective date of  the
regulation may  apply for reimbursement.
Reimbursement is available only  to local
                                                                  Printed on Recycled Paper

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governments (e.gv  a county,  parish, city,
municipality,  township,  or federally-
recognized Indian Tribe). States are not eligible
for reimbursement for temporary emergency
measures and  no State  may  request
reimbursement  on its own behalf or on the
behalf of political subdivisions within the State.
Only one  request for reimbursement will be
accepted  for each  hazardous substance
emergency requiring immediate response at
the local level.  When more than  one local
agency has participated in such a  response,
those agencies must determine  which single
agency or jurisdiction will submit the request
on behalf  of them all. Since funds for this
program are limited, EPA may not be able to
reimburse local governments for all responses
that may qualify.

WHERE CAN APPLICATIONS BE
OBTAINED?

      An application package can be obtained
by contacting the RCRA/Superfund Hotline
at EPA Headquarters. The toll-free telephone
number for the Hotline is 1-800-424-9346. The
application package contains detailed, line-by-
line instructions for completing the application.
WHEN SHOULD REIMBURSEMENT
REQUESTS BE FILED?

      Reimbursement requests must be
received by EPA within six months of the date
of completion of the response for which
reimbursement is being requested. If, however,
a cost recovery action is pending, EPA may
waive this deadline.  EPA recommends that
applications be submitted as soon as possible
after completion of the response, since response
information  and reconstruction of records
becomes more difficult as time progresses.

WHAT COSTS ARE REIMBURSABLE?

      All costs for which a local government
is seeking reimbursement must be consistent
with CERCLA and Federal  cost principles
outlined by the Office of Management and
Budget.   In  general,  EPA  will  consider
reimbursement for costs of  such  items as
disposable materials and supplies used during
a specific response; rental  or leasing of
equipment used for specific response; special
technical services and laboratory costs; and
services and supplies purchased for a specific
evacuation. Reimbursement,  however, must
               APPLICATION AREAS REQURING SPECIAL ATTENTION

    To facilitate application evaluation, please pay special attention to the following:

    •  Reimbursement requests must be received by EPA within 6 months of the "date of
       completion" of the response, unless cost recovery efforts are underway. For this
       program, the "date of completion" is when all field work has been completed and
       all project deliverables have been received by the local government.

    •  The application should include the background and current status of cost recovery
       efforts. It must be clear that all available sources of cost recovery (PRPs, Insurance,
       State, etc.) have been or are being pursued. A copy of all  related correspondence
       should also be included. Potential cost recovery sources should have a minimum
       of 60 days to respond before an LGR application is filed.

    •  The application must include  a  Detailed Cost Breakdown Table with supporting
       documentation (invoice, sales receipts, rental agreements, etc.).

    •  The application must be signed by the local government's highest official (the chief
       executive or his or her delegate) unless signature authority is delegated and an
       official letter of delegation accompanies the application.

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not supplant local government funds normally
provided  for  emergency  response.   All
reimbursement applications  must be
accompanied by cost documentation such as
invoices, sales receipts or leasing agreements.
Section 310.40 of the interim final regulation
contains more information on allowable costs
for reimbursement.

HOW WILL REIMBURSEMENT
REQUESTS BE EVALUATED?

      EPA has developed a formula for
determining financial burden that is based
upon the ratio of eligible response costs to an
applicant's  per capita income adjusted for
population.  EPA also may consider other
relevant financial information provided by a
local government.

      After receiving completed applications
from local governments, EPA will screen each
application for compliance with basic
reimbursement criteria and filing procedures.
Requests for reimbursement must demonstrate
that responses comply with CERCLA, the NCP
and where applicable, the local comprehensive
emergency response plan completed under the
Emergency Planning and Community Right-
to-Know Act of 1986. Each application will
be evaluated on its own merit, and with respect
to the financial burden demonstrated by other
requests. EPA will ensure that costs for which
reimbursement is being sought are allowable
and  do not supplant local funds normally
provided for emergency response. Further
guidance on evaluation of reimbursement
requests can be found in section 310.60 of the
interim final regulation.

      Based upon the financial burden
ranking for each  request and  the funds
available for reimbursement, a request may be
reimbursed,   denied or  held  over for
reconsideration.   A  request  may  be
reconsidered during  a subsequent review
period if it represents a significant financial
burden but scores lower than other requests
during a particular review period.
HOW MUCH CAN BE REIMBURSED?

      CERCLA specifically limits reimburse-
ment to $25,000 per single response.  This
$25,000 cap plus the limited availability of
funds for the program may not allow EPA to
reimburse local governments for all response
costs that may qualify.

FOR FURTHER INFORMATION

      For general information on CERCLA
and  reimbursement  application packages
contact:

RCRA/Superfund Hotline

1-800-424-9346 (toll free)
1-202-382-3000 (in the Washington, DC area)

For  specific information  on  the Local
Government Reimbursement Program contact

LGR Project Officer
Emergency Response Division (OS-210)
U.S. EPA
401 M Street, S.W.
Washington, D.C. 20460

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          SECTION VII
DEVELOPING RECORDS OF DECISION

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                             United States
                             Environmental Protection
                             Agency
                          Solid Waste And
                          Emergency Response
                          (OS-220)
        Directive 9355.3-01 FS3
        November 1989
•P/EPA
The  Feasibility  Study
Development And Screening
Of Remedial  Action Alternatives
      This fact sheet is the third in a series of
      four that summarizes the remedial in-
      vestigation/feasibility study (RI/FS)
      process. The previous two fact sheets in
      this series discuss scoping the RI/FS
      (OSWER Directive No. 9355.3-01FS1)
      and site characterization and treatabil-
      ity studies (OSWER Directive No. 9355.3-
      01FS2). This fact sheet provides a sum-
      mary of Chapter 4 of the Guidance for
      Conducting Remedial Investigations and
      Feasibility Studies Under CERCLA (Oc-
           tober 1988, OSWER Directive 9355.3-
           01). which discusses the development
           and screening of alternatives for reme-
           dial action. In addition, this fact sheet
           provides information intended to assist
           the Remedial Project Manager (RPM) in
           managing this portion of the feasibility
           study (FS) efficiently and effectively.

           The FS process consists of the develop-
           ment and screening of remedial action
           alternatives and a detailed analysis of a
                                      Co.  __   "N,     X*	sue    "s.
                                      se°P"B    J     \  Ch«r«et»rlxe«fcm'>7
                                       E*UMI*h R«nodl«l Action Objective*
                                        Setoct • RepraemtMive ProceM
                                          for each Technology Type
                     DMaNexU

                     Develop Sampling
                     Stnugkt* end/or
                     TnMtaMily Study
                     Repeet Slept kiRI
                     StodwaeMrizMlan
                     •nd/oc Conduct
                     TfMUMWySWdlM
         * Site characterization activities
          are typically continued throughout
          the Alternative Development and
          Screening process

          The need for additional data may
          be determined at any time and/or a
          number of times throughout the
          process
limited number of the most promising
options to establish the basis for a rem-
edy selection decision.

A range of viable alternatives should be
developed that meet the remedial re-
sponse objectives developed during scop-
ing and refined as the study progresses.
This range should reflect the program
expectations to address the principal
threats posed by the site (i.e., liquids and
highly toxic and/or highly mobile waste)
through treatment, and consider engi-
neering controls (e.g., containment) to
address low-level contaminated materi-
als and wastes for which treatment is
impracticable.  Institutional controls
should be considered primarily as sup-
plements to engineering controls.

In addition to the program expectations,
RPMs should consider the types of re-
sponse actions selected for other sites
with similar problems or contaminants
to identify only those remedial alterna-
tives that carry high potential of being
an effective solution for site problems.
As appropriate, the range of source
control alternatives should include op-
tions employing treatment as a principal
element, one or more containment alter-
natives, and the no-action alternative.
The major components that comprise
the development and screening process
are presented in Figure 1.
                                            Note: The no-action alternative is
                                            usedasabaceline to compare other
                                            alternatives.  Measures, such a*
                                            actions taken to reduce the poten-
                                            tial for exposure (e:f., site fencing)
                                            should not be included as compo-
                                            nents  of no-action  alternatives.
                                            Such minimal actions' should be
                                            studied as. a. separate, limited-ac-
                                            tion alternative.  Environmental
                                            monitoring may be included as part
                                            of a no-action alternative.
      Figure 1. Alternative Development and Screening Process

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       Development and
     Screening Activities

Establish Remedial Action
Objectives

The preliminary remedial action objec-
tives Identified during scoping are re-
fined as necessary during this phase of
the RI/FS to develop med'lum-speclflc
goals for protecting human health and
the environment Remedial action ob-
jectives specify:

*   The contamlnant(s)  and  media of
    concern
•   Theexposureroute{s)andreceptor(s)
•   The remediation goal(s)  for each
    exposure route
An example of a remedial action objec-
tive Is reducing concentrations of TCE
In potable ground water to 5 ppb.

The contaminants, media of concern,
and exposure routes are the most Im-
portant preliminary sources of Informa-
Uonnecessaryforthe development of al-
ternatives. That Is, the Identification of
appropriate remedial technologies can
be Initiated without Identifying the final
remediation goal or the exact cleanup
requirement  These  requirements will
need to be identified prior to the detailed
analysis of alternatives.

During the development of alternatives.
preliminary remediation  goals are es-
tablished based on readily available in-
formation such as applicable or relevant
and appropriate requirements (ARARs).
Whereas, final remediation goals take
into consideration the results of site
characterization and the baseline risk
assessment The baseline risk assess-
ment defines  the risks posed by a site
and establishes thenced (or lack thereof)
for remedial action.
 Note:Identificationoflocation-*nd!
 chemical-specific AKARs. began
 during scoping,  should be com-
 pleted during alternative* devel-
 opment. Example* of iuch require-
 ment* Include:
 • Maximum  contaminant levels
   (MCL«)

 • Water quality criteria
 • State-action level* for drinking
   water
 •State air emlMlon standard*.
Develop General Response
Actions

General response actions are selected to
satisfy the remedial action objectives for
each medium of concern. These actions,
Initially defined during scoping, are re-
fined during this phase and  relate to
basic, methods of protection  such as
treatment or containment. General re-
sponse actions may  be  combined to
form alternatives such as treatment of
highly toxic material with containment
of the treatment residuals.

The volume or area to which general
response actions might be applied should
be identified at this time and based on:
the exposure routes, the known nature
and extent of contamination,  and pre-
liminary remediation  goals and a pre-
liminary list of action-specific ARARs.
Action-specific ARARs set restrictions
on particular remedial activities as re-
lated to the management of hazardous
wastes.

Identify and Screen Appropriate
Technologies

Throughout the RI/FS Guidance and
this fact sheet the term "technology"
refers to general categories of technolo-
gies, such  as  chemical treatment or
capping. The term "technology process
option" refers to specific alternative proc-
esses within each  technology family,
such as Ion exchange or use  of a soil-
clay cap.
 Note:. Typical source* of Inform*"
 tlon that can be used to Identify
 technology needsand to determine
 capabilities of technology process
 option* include;              ,  •
 ,,'...              f     is     V. f->
 • ORD technology expert*
 « SITE program staff  ^   :    "

 • Technology Screening Guidejbr
   Treatment o/ CSRCC4  Studgt»
   and Soil* (EPA/S4O/a-88/OO4,
   September I088J  \        -
 • Appendix D of the RI/F8 Gtttd»
 .  one*
 « Contractor process engineer*
 • Equipment vendor*
mentabllity. That is, existing Informa-
tion on technologies and site characteri-
zation data are used to screen out proc-
ess options that cannot be effectively
Implemented at the site.  Figure 4-4 of
the RI/FS Guidance illustrates the nec-
essary documentation for this evaluation
of process implementability and can be
Included in the FS report.

To the extent possible, design parame-
ters for the technologies being consid-
ered should be identified to focus sam-
pling efforts during the site characteriza-
tion phase. Field investigation activities
will be ongoing during the development
and screening of alternatives due to the
Interactive nature of the RI and FS, which
are conducted concurrently.

Select Representative Process
Options

To simplify the development and evalu-
ation of alternatives, one representative
process  option should be  selected, if
possible,  for each technology type re-
maining after the technical implementa-
bility screening procedure. Effectiveness,
implementability, and cost are the crite-
ria used to evaluate and select represen-
tative process options (see page 3 for a
description of these criteria). The sources
of information used to identify the best
representative process option are  the
same as those used to identify technol-
ogy types. During remedial design, other
process options may be selected if they
are found to be more advantageous.
 Note? Given the performance un-
 certainty  often associated with
 innovative technologies,!! may not
 be possible to evaluate Innovative
 proc*** option* on the Mine basis
 a* conventten*! pjmeesce*. If avail-
 aid*  infozzaatfoa  indicate* that
 innovative technologies will pro-
 vide comparable or superior treat*
 ment pesfajmance^ fewer or lesser
 •dvesvaimpacts* or lower cost for a
 
-------
quired to assess potential process limi-
tations and which data are required to
establish design criteria.

Treatability studies are typically needed
whenever treatment has been identified
as a viable  alternative. These studies
provide data on technologies and their
effectiveness on a specific waste found at
a site. Treatability studies may not be
necessary in those instances where in-
formation already exists about a treat-
ment process and its performance on the
same type of waste found at the site.

Assemble Technologies Into
Alternatives

To assemble alternatives, general re-
sponse actions should be combined,
using  different process options appli-
cable to different volumes of media or
areas of the site, to meet all remedial
action objectives. For example, an alter-
native might call for  incinerating the
most highly contaminated soil from a
portion of the site, while capping other
less contaminated areas. When combin-
ing alternatives, it is necessary to  con-
sider interactions between media, such
as the interaction between ground water
and soils through dissolution, precipita-
tion, and adsorption processes. Consid-
eration should also be given to  how
general response  actions can be  inte-
grated in  the most efficient ways. For
example, residual streams that could be
addressed  by two different  response
actions may be best handled together,
such as sludge from a  metals precipita-
'tion  process and ash from onsite incin-
eration. A description of each alternative
should be included in the FS report,
including the logic behind the assembly
of the  specific remedial action alterna-
tives.

Screen Alternatives, If Required

The  alternative development  process
should focus only on the most viable
options for site remediation. In the event
that a large number of viable alternatives
remains at the conclusion of the assem-
bly of alternatives, an additional screen-
ing process should be  used to limit the
number of alternatives that must un-
dergo the detailed analysis.

Source control alternatives  retained
through the screening process should
include those options that have a signifi-
cant potential for being implemented at
the site. The range of options that may
be retained could include:
•   Treatment  options that  minimize
    long-term  management require-
    ments and address principal threats
•   Containment options, used either in
    conjunction with treatment or alone,
    that reduce exposure to waste
•   Ano-actionalternativefwhichshould
    be maintained throughout the analy-
    sis)
 Note: Generally no more than five
 source control alternative* should
 be carried through to  detailed
 analyst*. Fewer alternatives may
 be appropriate in the case of an
 early  action, where option* are
 limited or obvious,  or when pro-
 gram guidance or ARAR» establish.
 appropriate alternative*.
For ground-water response actions, al-
ternatives should not only address re-
mediation or clean-up levels but also the
estimated time frame within which these
clean-up levels  might be achieved. Al-
though the goal of ground-water response
actions is to return the ground water to
its  beneficial uses (i.e., health-based
levels should be achieved for potentially
drinkable water), it should be recognized
that it may not always be practicable to
attain this goal. Contingencies may need
to be planned for and discussed in the
Record of Decision (see Considerations
in Ground Water Remediation at Super-
Jund Sites. October 1989. OSWER Di-
rective No.  9355.4-O3).  Information on
the range of alternatives for groundwa-
ter  remedial response actions may be
found in the Guidance on Remedial Ac-
tions for Contaminated Croundwater at
Superjund Sites  (December  1988,
OSWER Directive No. 9283.1-2).

During   screening, each  alternative
should be evaluated with regard to:

•   Short- and long-term effectiveness
    and reductions achieved in toxicity,
    mobility, or volume
•   Implementability including techni-
    cal and administrative feasibility
•   Grossly disproportionate cost

The "short-term" is considered to be the
remedial construction and implementa-
tion period, while "long-term" begins once
the remedial action is complete and re-
medial action objectives have been met

Technical feasibility includes the ability
to construct, reliably operate, and meet
regulations, as well as the ability to meet
the operations and maintenance, re-
placement, and monitoring requirements
after completion of the remedial action.
Administrative feasibility includes the
ability to obtain  approvals from other
agencies; the availability of treatment,
storage, and disposal services; and the
availability of equipment and technical
expertise.

The objective of the cost evaluation is to
eliminate  from further  consideration
those alternatives whose costs are grossly
excessive for the effectiveness they pro-
vide.  Cost estimates for alternatives
should be sufficiently accurate to con-
tinue to support resulting decisions when
their  accuracy Improves beyond the
screening level. Capital. O&M, and pres-
ent worth costs should be determined.
Documentation of the screening proc-
ess, if conducted, is required. Figure 4-5
of the RI/FS Guidance provides an ex-
ample of adequate documentation.
 Note;  Potential action-specific
 ARARs, identified earlier in the
 process, are evaluated further with
 respect to the remaining remedial
 action alternatives.  This process
 continues until the comparative
 analysis of the detailed analysis.
 By this time,  all action-specific
 ARARs must be identified.
       Development and
    Screening Deliverables

Although generally no formal report is
required during this phase of the FS, it is
important that the lead and the support
agencies agree in writing on the set of al-
ternatives selected for detailed analysis.
Based on agreement  between the lead
and support agencies, the following in-
formation should be documented in the
FS report, which is submitted following
the detailed analysis of alternatives:

•  Chemical- and/or risk-based reme-
    dial objectives
•  Technologies evaluated and reasons
    for exclusion or inclusion
•  Process option representation ra-
    tionale
. •  Rationale for screening out alterna-
    tives, if applicable
 •  Clear, concise description of each
    alternative, including its respective
    chemical-,  location-, and action-
    specific ARARs
The Detailed  Analysis Fact Sheet con-
 tains a further description of the con-

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  tents of the FS report (OSWER Directive
  No. 9355.3-01FS4.)
      RPM Responsibilities

 The RPM is responsible for managing
 thfs phase of the FS and specifically to
 ensure that adequate technical support
 Is provided and that control of the pro-
 ject's schedule and cost Is maintained.

 Technical Supervision

 Activities needed  to .ensure that ade-
 quate technical supervision Is  provided
 during the development and screening
 of alternatives Include:

 •   Communication with the  support
     agency, the contractor, and other
     technical experts (I.e., members of
     the Technical Advisory Committee
     [TAC]) to obtain early agreement on
     the technologies/alternatives to be
     considered and on ARARs.
     It may be appropriate for ORD's
     START team to be Included on the
     TAC when treatment will be consid-
     ered for complex or difficult to treat
     waste. See the Scoping Fact Sheet
     (OSWER  Directive  No.   9355.3-
     01FS1) for additional Information
     on the START team and other tech-
     nical experts.
 *    Emphasize, and provide direction to
     the contractor or potentially respon-
 .   slble parties (PRPs) (If It is a PRP-
    lead RI/FS), on the need to focus the
    effort  to Identify and screen tech-
    nologies so that only a reasonable
    range of viable alternatives Is devel-
    oped.

Schedule and Cost Control

Recommendations  that should aid in
schedule and cost control of this phase
of the RI/FS Include the following:

•  Hold frequent meetings or confer-
   ence calls to monitor progress. These
   meetings can be Informal, with dis-
   cussion focusing on work plan ac-
   tivities that need to be accomplished
   in the immediate future and the
   status of In-progress tasks that
     should be completed. Avoid creating
     delays associated with the prepara-
     tion of lengthy deliverables to moni-
     tor progress.

     Review contractor monthly financial
     statements and make  sure all costs
     are  reasonable  and Justifiable.  If
     appropriate, monthly financial state-
     ments should be supplemented by
     talking with the contractor's project
     manager about  the schedule and
     budget.

     Control the schedule for Inter- and
     Intra-agency reviews, and schedule
     review meetings  in advance to em-
     phasize the deadlines for completion
     of reviews.

     Understand the  significance of the
     labor hour cost to determine if the
     most efficient staffing levels are being
     used.

     Anticipate cost and schedule prob-
     lems based on the contractor's previ-
     ous month's performance and take
     actions to  minimize cost overruns
     and schedule delays.
          Enforcement
         Considerations

 The development and screening of reme-
 dial alternatives Is conducted much the
 same whether it is being financed by the
 Fund or by PRPs. If this phase of the RI/
 FS is being conducted by the PRPs. they
 will review, and if necessary, propose re-
 finement of the remedial action objec-
 tives proposed by EPA during the project
 planning phase. Revision of the objec-
 tives is subject to EPA approval. After re-
 finement of the remedial action objec-
 tives, the PRPs will typically  conduct,
 under the oversight of EPA, all aspects of
 this phase of the FS. It Is suggested that
 EPA reviews be  scheduled after screen-
 ing technologies and process options,
 assembling alternatives, screening alter-
 natives, and identifying action-specific
ARARs. Additional information describ-
 ing PRP participation in the RI/FS and
 EPA's oversight role can be found In
AppendlxAof the RI/FS Guidance and in
OWPE's ModelStatementofWorkforPRP-
 Conducted Remedial Investigations and
Feasibility Studies (June 2. 1989).
    Points to Remember

    Apply the framework provided
    by the RI/FS Guidance appro-
    priately, and avoid trying to
    satisfy each step unnecessar-
    ily.
    Begin the development of alter-
    natives as soon as preliminary
    information on site characteris-
    tics is available.
    Draw on the experience of con-
    tractor process engineers, ven-
    dors. ORD, and other RPMs to
    help Identify appropriate tech-
  '' ndlbgies and process options.
    Focus alternative development
    only on the most viable options
    for site- remediation. Generally,
    no more  then  five  sltewlde
    source control options should
    be analyzed in detail.
 •  Conduct alternatives screening
"when more alternatives have
    been developed than  can rea-
    sonably be evaluated.
: *  To the extent possible, identify
    design parameters for the tech-
    nologies being considered  so
    that relevant data can be col-
    lected during site characteriza-
    tion.
 •  Develop alternatives involving
    innovative  technologies and
    retain for detailed  analysis if
    they have the  potential  for
    comparable or superior treat-
    ment performance, fewer  or
    lesser adverse impacts, or lower
    costs for A similar level of per-
    formance than a conventional
 •-  Communicate with key person-
 . :  nel. mcludingthcTAC. through-
 *   out thte portion of the F&
 » ';  Establish project management
    controls such as status meet-
                                                                                              .    .
                                                                                Closely monitor PRP activities.

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GETTING READY — SCOPING THE RI/FS

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         Program Goal
 The goal of the remedy selection proc-
 ess Is to select remedial actions that
 arc protective of human health and
 the environment, that maintain pro-
 tection over time, and that minimize
 untreated waste.

   Program Expectations
  •  Trcatmentofprincipal threats will
    be used, wherever practicable;
    principal threats  may include
    liquids and highly mobile or highly
    toxic materials.
  »  Englneeringcontrolsmaybeused
    for waste that poses a low long-
    term threat or where treatment is
    Impracticable.
  •  Instltutlonalcontrolswillbeused
    to mitigate short-term impacts or
    to supplement engineering con-
    trols; they will not serve as a sole
    remedy  unless active response
    measures are impracticable.
  •  Remedleswilloflencomblnetreat-
    mentofprincipal threats with en-
    gineering and institutional con-
    trols for treatment residuals and
    untreated waste.
  •  Innovative technologies shouldbe
    considered if they offerthe poten-
    tial for comparable or superior
    treatment performance, fewer/
    lesser adverse  impacts, or lower
    costs for a similar level of per-
    formance than demonstrated
    technologies.
  •  Ground water will be returned to
    Its beneficial   uses within  a
    Umeframe that is  reasonable,
    where practicable.
forcement staff, and Individuals with
prior experience at the site or at similar
sites.  During these meetings, the re-
sponsibilities for RI/FS activities will be
reviewed and/or assigned. In addition,
lines of communication should be es-
tablished among key personnel.
      Scoping Activities

Conduct Site Kickoff Meetings

To Initiate the scoping process and to
begin site management planning, akick-
off meeting (or series of meetings) is or-
ganized by the RPM. Personnel attend-
ing  these meetings should  include:
representatives from lead and support
agencies including other program staff
(as  needed), contractor personnel who
will be performing each portion of the
RI/FS or the oversight, technical experts
(see  Technical   Support   section),
Environmental Services Division repre-
sentatives.  Natural Resource Trustee
representatives (when applicable),  en-
 Note:  Two or more scoping meet-
 ings may be warranted to reduce
 project start-up time and cost. The
 first meetingfs) may include Fed-
 eral and State technical personnel
 to identify the type and optimal
 sequence of site activities and to
 better focus the contractor's scope
 of work. Subsequent meetings may
 be held after the work assignment
 has been issued and the contractor
 has had time to review available
 site background data.
Evaluate Existing Data

As a first step to scoping, existing data
will be compiled and evaluated.  A key
step in the evaluation of existing data is
the determination of its quality  and
usability. Existing data does not have to
be of sufficient quality  to make final
decisions but may be helpful in develop-
ing a conceptual understanding of site
dynamics.  Evaluating existing data is
necessary to focus RI/FS efforts  and to
avoid duplication of previous activities.
In addition, this activity helps to deter-
mine additional data needs.  Data are
needed to:

•   Characterize the site to the  extent
    necessary to support  subsequent
    decisions

•   Define the risk posed by the site
•   Identify viable remedial  action al-
    ternatives
•   Identify applicable or relevant and
    appropriate requirements (ARARs)
•   Evaluate the need for treatability
    studies
•   Support enforcement activities

The types of existing data that should be
compiled and evaluated include:
    Site data gathered during the Na-
    tional Priorities List (NPL) listing
    process and the potentially respon-
    sible party (PRP) search
    Historical and aerial photographs
    Records of disposal practices and
   operating procedures
   Generator manufacturing process in-
   formation
   Regional geology, hydrology, mete-
   orology, and ecology
   Demographic and land use informa-
   tion
   Location of sensitive environmental
   areas,  supply wells, and surface
   water use on or near the site
 Note: Information sources near the
 site will provide valuable site data
 and should not be overlooked. Such
 sources include local land records
 and  deed books;  representatives
 from the Soil Conservation Service,
 the Agricultural Extension Service,
 well drilling companies,  and the
 Sheriffs office; and meterological
 monitoring  stations  for   local
 airports or towns. In addition, inter-
 views with present/past site own-
 ers  and   employees will   often
 provide necessary site information.
Conduct Site Visit

The information obtained from conduct-
ing a site visit will ease the scoping task,
save time, and help to avoid mistakes
and oversights. After gaining access to
the site, the RPM should walk the site
taking field notes and photographs. Spe-
cifically, a site visit should be conducted
to: (1) identify the site's physical charac-
teristics, noting changes  from the his-
torical data base which may necessitate
an early action, and (2) assist in develop-
ing an understanding of waste sources,
areas of contamination, potential expo-
sure pathways, and potential receptors
at or near the  site.

Develop Conceptual Site Model

The conceptual site model is used to: (1)
develop a general understanding of the
site to evaluate potential risks to human
health and the environment and (2) assist
In identifying  and setting priorities for
the activities to be conducted at the site.
The conceptual site model may be either
a pictorial or  graphic representation of
site dynamics as illustrated in Figure 2
of this fact sheet or Figure 2-2 of the
RI/FS Guidance, respectively. The con-
ceptual site model identifies:

•   Potential sources of contamination
•  Types of contaminants  and affected'
     media

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     Release mechanisms and potential
     contaminant pathways
     Actuai and potential human and en-
     vironmental receptors
   Note:  A limited field investigation.
   may be undertaken if insufficient
   information exists to develop the
   conceptual model.   Normally,  a
   limited investigation • focuses on
   easily obtainable data where re-
   sults can  be received in a short
   time.  Examples may include ac-
   tivities such as geophysical sur-
   veys,  well water level measure-
   ments, or sampling and analysis of
   existing wells.
 Identify Remedial Action
 Objectives and Potential
 Remedial Alternatives

 Once a conceptual understanding of the
 site is obtained, potential remedial ac-
 tion objectives should be identified for
 each media to be addressed. These ob-
 jectives consist of medium or operable-
 unit specific goals for protecting human
 health and the environment. An example
 of such a goal may include preventing
 migration of some carcinogen in the
 ground water. Following the establish-
 ment of such objectives, general response
 actions (e.g., treatment) for each media
of Interest are developed. Technology
types (e.g., chemical treatment) appli-
cable to eacK general response action
are then identified, followed by the iden-
tification  and  evaluation of  process
options for each technology type. Table
4-1 of the RI/FS Guidance illustrates the
alternative development, process  and
provides examples that illustrate each of
these terms.

Performing this task helps to identify the
data needs for the FS and allows for an
early determination of the need for treata-
bility studies. If remedial actions involv-
ing treatment have been identified, then
the need for treatability studies should
be evaluated during scoping because of
the impact they can have on RI/FS costs
and  schedule.  Specifically,  literature
surveys should  be  conducted during
scoping to gather information on candi-
date technologies.  If the technologies
have not been sufficiently demonstrated
or cannot be adequatelyevaluated, based
on the available information, treatability
tests should be performed.
Initiate Identification of
Potential ARARs

Identification of potential ARARs during
the scoping phase will assist in: (1) iden-
tifying remedial goals and alternatives
and (2) establishing communication with
the support agency.  Furthermore, early
identification of potential ARARs will allow
better planning of field activities. ARAR
identification is progressive, with require-
ments identified and refined as a better
understanding is gained of site condi-
tions, site contaminants, and remedial
action alternatives.  The CERCLA Com-
pliance With Other Laws Manual (Part I -
August 1988 and Part II - August 1989,
OSWER  Directive   Nos.  9234.1  and
9234.1-02) contains detailed  informa-
tion on identifying and complying with
ARARs.
 Note: When developing  the pre-
 liminary list of remedial action al-
 ternatives, consideration should be
 given to the program expectations
 and to  the types of response ac-
 tions selected for other site* with.
 similar problems or contaminants.
 Note;  During scoping, the empha-
 sis should be on the identification
 of contaminant- and location-spe-
 cific requirements as well as deter-
 mining the presence of Resource
 Conservation and Recovery  Act
 (RCRA) regulated hazardous waste.
 In addition to Federal ARARs, more
 stringent State ARARs must also be
 identified.
Figure 2. Example of a Conceptual Site Model

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Identify Initial Data Needs and
Data Quality Objectives

Thorough and focused identification of
data needs and data quality objectives
(DOQs) will help to avoid data gaps and
delays later in the RI. and should mini-
mize reviews/revisions of planning docu-
ments. Sufficient data must be obtained
to define:

•   Site physical characteristics
•   Physical and chemical characteris-
    tics of sources of contamination
•   Volume of contamination and ex-
    tent of migration
•   Potential receptors and associated
    exposure pathways
•   Expected performancerequirements
    of treatment alternatives
This Information will be utilized to:

•   Determine  contaminant fate and
    transport
•   Determine the risks posed by a site
•   Develop and evaluate remedial al-
    ternatives
•   Identify ARARs
•   Identify the need for treatabillty
    studies
•   Support future enforcement or cost
    recovery activities
Once dataneeds are identified, the strate-
gies for sampling and analysis are devel-
oped, and the DQOs are established.
DQOs specify the quality of  data  re-
quired during the different phases of the
RI/FS.  The type and quality of data
needed are based on the intended use of
the data, which may Include health and
safety planning, site characterization,
remedial alternatives evaluation, or risk
assessment Additional information on
the establishment of DQOs can be found
in Data Quality Objectives for Remedial
Response Activities  (March 1989.
OSWER Directive No. 9335.0-7B).
 Note: Logistics planning should be
 initiated during scoping once data
 needs are identified.  A» an  ex-
 ample, procurement of: sampling;
 equipment during scoping may be
 necessary as well  as making ar-
 rangements with the appropriate
 laboratory(les) because of backlog.
    Scoping Deliverables

The dellverables developed during the
scoping phase  include several project
plans. These plans are derived directly
from activities and data needs Identified
during scoping.
                                           Plan (WP)
The WP documents the decisions and
evaluations made during scoping and
describes the tasks required to conduct
the RI/FS. The WP Includes a descrip-
tion of the site management strategy,
including the remedial action goals, any
short- and long-term actions that may
be required  to address site problems,
and the optimum sequence of site ac-
tions  and  investigative activities.  In
addition, the WP describes the site's
physical setting and Includes a back-
ground summary detailing the history of
previous site activities. To document the
decisions made during scoping, the WP
should include an evaluation of existing
site data, a representation of the concep-
tual site model, and a description of
potential remedial alternatives. A com-
prehensive description of the work to be
performed, including the methodologies
to be utilized, as well as the rationale for
performing the required activities com-
prises the main body of the WP. This
section also assigns project responsibili-
ties and sets the project's schedule and
cost

The format of the WP should follow the
 14 standardized tasks that are described
in Appendix B of the RI/FS Guidance.
These tasks have  been developed to
 provide for consistent reporting and ef-
 fective monitoring of ail Fund-financed
REMEDIAL INVESTIGATION

1 *
Scoping
Task 1'- Project
Planning

Task 2*- Community
Relations
' Those tasks where streamin
techniques should be used
* Conducted throughout RI/FS
Site Characterization Treatabillty Investigations
Task3'- Field Investigation Task?'- Treatabil'rty Studies
Task 4'- Sample Analysis/ Tasks - RI Reports
Validation
Tasks - Data Evaluation
Task6 - Risk Assessment
Tasks - RI Reports
< ' 4 FEASIBILITY ' '
, , 1 STUDY
Development and Screening
of Alternatives
Task9- Remedial
Alternatives
Development/
Screening
ng


i '

Task 13*- Enforcement
Support
Task 14*- Miscellaneous
Support
Detailed
Analysis
Task 10- Detailed
Analysis o
Alternative
Task 11- RI/FS
Reports
To: SOR.ROD,
RD.RA
•** Task 12- Post
RI/FS
Support


 Figure 3. Relationship of RI/FS Tasks to Phased RI/FS Approach

                                                        4

-------
 RI/FS projects.  These tasks are also
 recommended for use on State- and PRP-
 lead projects. Figure 3 depicts the rela-
 tionships among  these standardized
 tasks and the role that they play during
; the RI/FS. Those tasks highlighted with
' an asterisk have been identified as areas
 where streamlining techniques  should
 be utilized to improve the RI/FS process.
 Such techniques are described in OSWER
 Directives 9355.3-06 (2/14/89), 9355.3-
 05 (4/25/88), and 9355.0-20 (7/22/87).
  Note: Work plans may need to be
  amended when additional data are
  required to adequately scope later
  phases of the RI/FS or before con-
  ducting treatability studies.  If any
  significant changes to either  the
  budget or scope of the WP are re-
  quired for Federally funded sites, a
  Work Plan Revision Request is sub-
  mitted for approval. When changes
  to the WP do not affect the budget
  or schedule. Technical  Directive
  Memoranda have been found to be
  useful for  decreasing administra-
  tive time.
 Sampling and Analysis Plan (SAP)

 The SAP is  prepared so that  sample
 collection  activities  are  conducted in
 accordance with technically acceptable
 protocols and that the data collected in
 the field meet the  DQOs established
 during scoping.  The plan also serves as
 a basis for  estimating field costs  for
 inclusion in the WP. The SAP consists of
 a field sampling plan (FSP) and a quality
 assurance project plan (QAPP). The FSP
 will define in detail  the data-gathering
 methods that will be used on the project
 The FSP should be written so that a field
 sampling team, unfamiliar with the site,
 would be  able to gather the required
 information.  The QAPP will describe the
 project objectives and quality assurance/
 quality control (QA/QC) protocols that
 will be used to achieve the desired DQOs.
 A suggested format for the SAP is in-
 cluded in Table 2-4 of the RI/FS Guid-
 ance.   Appropriate  guidance on field
 methods,  sampling procedures, and
 sample custody requirements is found
 in  A Compendium, of Superfund Field
 Operations Methods  (August 1987,
 OSWER Directive No. 9355.0-14).
 Note: Standard sampling and ana-
 lytical procedures may be incorpo-
 rated by reference into the project
 plans to avoid repeating technical
 review of a procedure that has al-
 ready been approved for use in a
 Region. As an example, there is no
 need to explain how to take a split-
 spoon sample;  a reference to the
 appropriate American  Society of
 Testing and Materials (ASTM) docu-
 ment will suffice.
Health and Safety Plan (HSP)

The HSP identifies potentially hazard-
ous operations and exposures and pre-
scribes appropriate protective measures
for onsite  workers,  the  surrounding
community, and the environment. The
HSP should include a detailed site de-
scription accompanied by site maps and
the results of previous sampling activi-
ties. The HSP must conform to the firm's
or agency's health and safety program,
which must comply with Occupational
Safety and Health Administration (OSHA)
regulations and protocols.  Each HSP
should  include, at  a minimum,  the
11 elements described in Appendix B of
the RI/FS Guidance.

Community Relations Plan (CRP)

The CRP documents the history of com-
munity relations and the issues of com-
munity concern at a site. It describes the
objectives of the community relations
activities and how these objectives will
be met and includes a discussion  of
planned community interviews,  fact
sheets, and public meetings. Discus-
sions with  the community  should be
initiated during scoping as relevant in-
formation may be gathered at that time.
Report preparation methods, the ele-
ments contained in a CRP. and a recom-
mended format are included  in Commu-
nity Relations inSuperjund: A Handbook
 (June  1988,   OSWER Directive No.
9230.0-3B).
     RPM Responsibilities

 The RPM is responsible for managing
 each phase of the RI/FS. These respon-
 sibilities include ensuring that adequate
 technical support is being provided as
 well as schedule maintenance and fi-
 nancial control of the project.
Technical Support

Techniques the RPM may use during
scoping to enhance technical supervi-
sion of this phase include:

•   Identify people with the appropriate
    background and experience to serve
    on a Technical Advisory Committee
    (TAG). The TAG is a group of person-
    nel from EPA and other Federal
    agencies, -States,  and  consulting
    firms selected to serve as technical
    advisors for a project based on their
    areas of expertise.  Members of this
    committee should include person-
    nel from ORD's Superfund Techni-
    cal Assistance Response  Team
    (START) as well as personnel from
    EPA or other treatability testing
    laboratories.

    The START is a group of engineering
    technology experts from ORD whose
    primary focus is to provide technical
    support on remedy evaluation, se-
    lection, and implementation. Such
    support will be provided during
    scoping in the form of identification
    of potential remedial alternatives and
    the evaluation of data needs In
    support of identified technologies.
    For more information  on START,
    contact Ben Blaney of ORD's Risk
    Reduction Engineering Laboratory
    in  Cincinnati, FTS-684-7406 or
    (513) 569-7406.

    Incorporate TAG participation into
    the project planning phase to iden-
    tify technical and/or policy issues
    early in the  process.
    Communicate on a  regular basis
    with all involved parties (key deci-
    sionmakers from the lead and sup-
    port agencies; consultants: Federal
    Trustees, as appropriate; and other
    TAG members) to reach an early
    consensus on the project approach.
    Inform key decisionmakers of all
    circumstances that relate to mak-
    ing the final decisions regarding the
    site management strategy.
    Communicate any special concerns
    associated with the site to all appro-
    priate  personnel,  including  the
    members of the TAG.
    Communicate with contractor per-
     sonnel at each juncture of the scop-
     ing process.  Contractors are not
     responsible for making major deci-
     sions.

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  THE DECISION SUMMARY

  The Decision Summary provides an overview of the problems
  posed by the conditions at a site, the remedial alternatives, and the
  analysis of those options.  The Decision Summary explains the
  rationale for the selection  and how the selected remedy satisfies
  statutory requirements. The information to be presented in each
  of the sections of the Decision Summary is outlined below.  In
  most cases,  much of the  information  presented  can   be
  summarized from the Remedial Investigation/Feasibility Study
  (RI/FS).
 Site Name, Location, and Description.  Briefly describe the
 site in terms o£
    a  Name, location, address (include maps, a site plan, or
        other graphic descriptions, as appropriate);
    O  Area and topography of the site, especially if it is located
        within a floodplain or wetlands;
    a  Adjacent land uses;
    a  Natural resource uses;
    a  Location and distance to nearby human populations;
    O  Genera] surface-water and ground-water resources; and
    a  Surface and subsurface features (e.g., number and volume
        of tanks, lagoons, drums, or other structures).


 Site History and Enforcement Activities. Summarize  the
 following:

    O  History of site activities that led to current problems;
    a  History of Federal and State site investigations and
        removal and remedial actions conducted under CERCLA
        or other authorities; and
    o  History of CERCLA enforcement activities at the site,
        including:
       -   The results of searches for potentially responsible
           parties (PRFs); and
       -   Whether special notices have been issued to PRFs.


 Highlights of Community Participation.  Summarize the
 major public participation activities, as follows:

    a  Describe how the public participation requirements of
       CERCLA sections 113(kX2XBXi-v) and 117 were met in
       the remedy selection process.

 Note:  Community response to the selected remedy should be
 addressed under the "community acceptance" criterion in the
 Comparative Analysis  section  of the ROD.  Responses to
 community concerns should be addressed in the "Responsiveness
 Summary" of the ROD.


 Scope and Role of Operable Unit [or Response Action]
 Within Site Strategy.

    D  Describe the role of the remedial action within the overall
       site clean-up strategy.
    a  Summarize the scope of the problems addressed by the
       remedial action selected. Will the action address any of
       the principal threats posed by conditions at the site?
Note: The Statutory Determinations section of the ROD should
explain whether or not the selected remedy satisfies the statutory
preference for remedies employing treatment  that reduces
tccddty, mobility, or volume as a principal element By indicating
whether the principal threads) will be addressed by the action, the
Scope and Role section of the Decision Summary should provide
the oasis for that statutory determination.                    •;
Summary of Site Characteristics.
factors:
Highlight the following
a  All known or suspected sources of contamination;
o  Contamination and affected media, including:
       -  Types  and  characteristics  (e.g.,  toxic,   mobile,
          carcinogenic, non-carcinogenic) of contaminants;
       -  Volume of contaminated material; and
       -  Concentrations of contaminants;
o  Location of contamination and known or potential routes of
   migration, including:
       -  Population and environmental areas that could be
          affected, if exposed;
       -  Lateral and vertical extent of contamination; and
       -  Potential   surface  and  subsurface pathways  of
          migration.

Include maps, charts, tables, and other graphic descriptions, as
appropriate.


Summary of Site Risks.  Summarize the results of the baseline
risk assessment conducted  for the site.

Human Health Risks:
   a  Identify the concentrations of the contaminants (indicator
       chemicals) of concern in each medium of exposure;
   a  Summarize results of the exposure assessment;
   a  Summarize the tenacity assessment of contaminants of
       concern;
   a  Summarize risk  characterization  for each pathway by
       population and the total risk for the site, including:
       -  Potential or actual carcinogenic risks;
       -  Noncartinogenic risks; and
       -  Brief explanation of the meaning of key risk terms.
Environmental Risks:
   a  Summarize the effects of the contamination on critical
       habitats; and
   a  Summarize  the effects of the contamination on any
       endangered species.
Note: This summary of the baseline risk assessment provides the
rationale for the lead agency's either undertaking a response
action or taking no action.


Description of Alternatives. The objective of this section is to
provide an understanding of the remedial alternatives developed
for the site and their specific components.  Each alternative
should be described in terms of the components listed below.
Figure 1 is an example of elements to be addressed in this section.
   o  Treatment components.   Describe the following,  as
       appropriate:
       -  Treatment technologies (e.g.,  thermal  destruction)
          that will be used;
       -  Type and volume of waste to be treated;
       -  Process sizing; and
       -  Primary treatment levels  (e.g., best demonstrated
          available technology [BOAT], percentage or order of
          magnitude of concentration reductions expected).
   a  Containment  or  storage components.  Describe  the
       following, as appropriate:
       -  Type  of  storage (e.g.,   landfill,   tank,  surface
          impoundment, containers);
       -  Type of closure that  will  be implemented (RCRA
          Subtitle C clean closure, landfill closure, Subtitle D
          solid waste closure);
       -  Type and quantity of waste to be stored; and
       -  Quantity of untreated waste and treatment residuals
          to be disposed off-site or managed on-site in a
                                                         ,0,
                                                         - 2 -

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           containment system (cap., minimum technology unit,
           etc.) and the degree of hazard remaining in such waste.
    a  Ground-water component.  Describe  the following, as
       appropriate:
       -   Ground-water classification (e.g., Class I, II, or III);
       -   Remediation  goals  (e.g., Maximum Contaminant
           Levels [MCLsf);
       -   Estimated restoration timeframe; and
       -   Area of attainment
    o  General components.   Describe  the  following,  as
       appropriate, for each of the three previous components:
       -   Contaminated media addressed (and physical location
           at the site);
       -   Risk reduction (including initial risk);
       -   Whether  treatability testing  has been  or will be
           conducted;
       -   Implementation requirements;
       -   Institutional controls;
       -   Residual levels (e.g., delisting, BOAT);
       -   Assumptions, limitations, uncertainties;
       -   Estimated implementation timeframe; and
       -   Estimated capital, O&M, and present-worth costs.
    n  The major applicable  or relevant  and appropriate
       requirements (ARARs), risk-based levels, and other "to
       be considered" (TBCs) being met/utilized for the specific
       components of the remedial alternative.
       -   The description should summarize how the specific
           components of the alternative will comply with  the
           major ARARs, as well as briefly describe why  the
           standard is applicable or relevant  and appropriate
           (e.g., placing a  RCRA  characteristic waste, thus
           RCRA closure is applicable).

Summary of Comparative Analysis of Alternatives.  In this
section, summarize the relative performance of the alternatives by
highlighting the key differences among the alternatives in relation
to the nine evaluation criteria. An effective way of organizing Ms
section  is to present a series of paragraphs headed by each
criterion. Under each criterion, the alternative that performs best
in that  category should be discussed first, with other options
discussed in sequence. Refer to the RI/FS and  ROD guidance
documents for additional information on the factors included in
each of the  nine criteria.  The nine evaluation criteria are
summarized below.

Threshold Criteria

n  Overall protection of human health and the environment
   addresses whether a remedy provides  adequate  protection
   and  describes how risks posed through  each  pathway are
   eliminated,  reduced,  or  controlled  through  treatment,
   engineering controls, or institutional controls.
a  Compliance with applicable or  relevant and appropriate
   requirements (ARARs) addresses whether a remedy will meet
   all of the ARARs of other Federal and State environmental
   laws and/or justifies a  waiver.

Primary Balancing Criteria

a  Long-term effectiveness and permanence refers to expected
   residua) risk and the ability of a remedy to maintain reliable
   protection of human health and the environment over time,
   once clean-up goals have been met
a  Reduction of toxicity, mobility, or volume through treatment
   is the anticipated performance of the treatment technologies a
   remedy may employ.

a  Short-term effectiveness addresses the period of time needed
   to achieve protection  and any adverse impacts  on human
   health and the environment that may be posed  during the
   construction and implementation period, until clean-up goals
   are achieved.
a  Implementability  is  the  technical  and  administrative
   feasibility of a remedy, including the availability of materials
   and  services needed to implement a particular option.

a  Cost includes estimated capital and O&M costs, as well as
   present-worth costs.
                                 Components of Alternatives to be Described   AIR

                                                                                 I
                                    OFF-SITE RCRA
                                     SUBTITLE C
                                                                     86.98% Destruction Removal Efficiency
                                                                                             OF
                                                                                        RESIDUALS FROM
                                                                                         28.000 YD3 OF
                                                                                         TREATED SOL
    •  voc*
       TCE 127 ppm
       BMIZWW: 52 ppm
                                        •  Long term O&M
                                           - Ground-water
                                             monitoring
                                           - Cap/liner
                                             Integrity
                                        •  Deed restriction*
                                        •  Exposure level at
                                           io-«
                                        •  Meets LOR BOAT
                                           concentration
    •  Wast* ratUICMd under LDRi
     CONTAMSUTED
     GROUND WATER

                                         • $1 4.666.000
                                           Capital
                                           $43,700 Annual
                                           O&M
                                         • $14.400.000
                                           F-raunt worth
       TCeZOZppm
       Bmzan*: 103 ppm
       10~aCait*K>g(nlc
       risk tool
  Tim* Una ClMimp Oceania
                                                                • $12,527.000 Capital
                                                                  $625.000 Annual O&M
                                                                • $16.300.000
                                                                  Puses* worth
                                                          - 3 -

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 Modifying Criteria
 o  State/Support Agency Acceptance should be used to indicate
    the support agency's comments. Where the State or Federal
    agency Is the lead for the ROD, EPA's acceptance of the
    selected remedy should be addressed under this criterion.

 O  Community Acceptance summarizes  the public's general
    .response to the alternatives described in the Proposed Plan
    and  RI/FS Report  .The  specific responses  to public
    comments should be addressed  in  the  Responsiveness
    Summary section of the ROD.
 Notes:    In  addressing the  long-term  effectiveness  and
 permanence of an alternative, the term "permanence" should be
 used carefully.  Permanence is viewed along a continuum; an
 alternative can be described as offering a greater or lesser degree
 of  lone-term  effectiveness  and  permanence.   Alternatives
 generally should  not  be   described as  "permanent"  or
 "impermanent"
 Only reductions achieved through treatment should be addressed
 under the "reduction of toxicity, mobility, or volume through
 treatment" criterion.  Reductions of mobility  accomplished
 through  containment should be  addressed  under Coverall
 protection of human health and the environment"
 The Selected Remedy. In this section of the ROD, identify the
selected remedy and remediation goals and state:
    a The carcinogenic  risk level to be  attained  and the
      rationale for it; and
    Q The specific points of compliance, as appropriate, for the
      media being addressed (e.g., "MCLs will be met at the
      edge of the waste management area").

The Statutory Determinations.  The remedy selected must
satisfy the requirements of section 121 of CERCLA to:
    a Protect human health and the environment;
       a  Comply with ARARs (or justify a waiver);
       a  Be cost-effective;
       a  Utilize permanent solutions and alternative treatment
          technologies or resource recovery  technologies to the
          maximum extent practicable; and
       a  Satisfy the preference for treatment as a principal element
          or justify not meeting the preference.
   A description of how the selected remedy  satisfies each of the
   statutory requirements should be provided.  Points to address for
   each of these requirements are presented in Highlight 2.
   Documentation of Significant Changes.  CERCLA section
   117(b) requires an explanation of any significant changes from the
   preferred alternative originally presented in the Proposed Plan. If
   the selected remedy reflects  significant  changes from  the
   preferred alternative, the ROD should:
       a  Identify the preferred alternative originally presented in
          the Proposed Plan;
       o  Describe the significant changes; and
       a  Explain the reason(s) for such changes.

   THE RESPONSIVENESS SUMMARY
   The final component of the ROD  is  the Responsiveness
   Summary, which serves two purposes. First, it provides lead
   agency  decisionmakers  with information about community
   preferences regarding both the remedial alternatives and general
   concerns about the site. Second, it demonstrates to members of
   the public how their comments were taken into account as an
   integral part of the decision making process.
   Guidance on preparing Responsiveness Summaries is available in
   Community Relations in  Superfund:  A Handbook (OSWER
   Directive 9230.^38, June 1988).  That document details the
   process of preparing the Responsiveness Summary and includes a
   sample Responsiveness Summary.
                                   Highlight 2: The Statutory Determinations
  Protection Of Human Health And The Environment
     O Describe how the selected remedy will eliminate, reduce,
        or control risks posed through each pathway through
        treatment, engineering controls, or institutional controls,
        to ensure adequate protection of human health and the
        environment (including that the site risk will be reduced
        to within the 10-4 to 10-6 range for carcinogens, and that
        the Hazard Indices for non-carcinogens will be less than
        one).
     a  Indicate that no unacceptable short-term risks or cross-
        media impacts will be caused by implementation of the
        remedy.
 Compliance with ARARs
     Q  State whether the selected remedy will comply with
        ARARs. When appropriate, state the waiver that is being
        invoked and justify the waiver. Organize the ARARs ac-
        cording to chemical-specific, location-specific, and ac-
        tion-specific,
     a  List and describe the Federal and State ARARs that the
        selected remedy  will attain, distinguishing  applicable
        from relevant and appropriate requirements, as neces-
        sary.  Note: Cite thcspecificsection of thestarute or regu-
        lation that contains the requirement and provide a brief
        synopsis of the requirement
     Q  List and provide the rationale for using any "to be consid-
        ered" (TBCs).  Note: TBCs are not ARARs, but they may
        be used to design a remedy or set clean-up levels if no
        ARARs address the site, or if existing ARARs do not en-
        sure pratectiveness.

 Cost-Effectiveness
     o  Describe how the selected remedy provides overall effec-
        tiveness proportionate to its costs, such that it represents a
        reasonable value for the money to be spent
Utilization of Permanent Solutions and Alternative
Treatment Technologies or Resource Recovery Technolo-
gies to the Maximum Extent Practicable ("MEP")
    o  Describe the rationale for the remedy selection, explaining
      that the remedy selected provides the best balance of trade-
      offs among the alternatives with respect to the evaluation
      criteria, especially the five balancing criteria.
    q  Discuss those criteria that were most critical in the selec-
      tion decision (i.e., those that distinguish the alternatives
      most).
    a  Highlight the tradeoffs among the alternatives with respect
      to the five balancing criteria.
    a  Describe the role of the State and community acceptance
      considerations in the decision-making process (modifying
      criteria).
    a  Provide a general statement that the selected remedy
      meets the statutory requirement to utilize permanent solu-
      tions and treatment technologies, to the maximum extent
      practicable.
Note:  For a remedy that does not employ any treatment or re-
source recovery technologies, the explanation of the rationale
should discuss the reasons why treatment was found to be impracti-
cable or acknowledge that treatment was not within the limited
scope  of the action (e.g., an interim action).
Preference for Treatment as a Principal Element
    a  Describe how the preference for treatment is satisfied if the
      remedy uses treatment to address the principal threat(s)
      posed by conditions at the site; or
    a  Explain why the preference is not satisfied if treatment is
      not used to address the principal threats. This explanation
      will refer back to the explanation under the "MEP" finding
      that explains why treatment of the principal  threats was
      found to be either impracticable or not within the limited
      scope of the action.
                                                       - 4 -

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A GUIDE TO DEVELOPING SUPERFUND PROPOSED PLANS

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                              United States
                              Environmental Protection
                              Agency
                            Office of
                            Solid Waste and
                            Emergency Response
Directive: 9335.3-02FS-2
November 1989
    dEPA
A  Guide  to  Developing
Superfund  Proposed   Plans
    Office of Emergency and Remedial Response
    Hazardous Site Control Division
                                                                                       Quick Reference Fact Sheet
Section 117(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended by the
Superfund Amendments and Reauthorization Act (SARA) of 1986. requires preparation of Proposed Plans as part of the site remediation
process. The Proposed Plan is prepared after the Remedial Investigation/Feasibility Study (RI/FS) is completed and is made available with the
RI/FS to the public for comment. The Proposed Plan highlights key aspects of the RI/FS, provides a brief analysis of remedial alternatives
under consideration, identifies the preferred alternative, and provides members of the public with information on how they can participate in
the remedy selection process. A notice and brief analysis of the Proposed Plan is published in a major local newspaper of general circulation. In
addition, the Proposed Plan, the RI/FS, and the other contents of the Administrative Record are available at an information repository near
the site.

This guide outlines the major components of the Proposed Plan and suggests effective ways in which the various sections can be presented.
EPA recommends issuing the Proposed Plan in a fact sheet format. For some highly complex sites or remedies, more detailed Plans may be
appropriate. All Proposed Plans should be written in a-style that makes the material easy for the public to understand and should emphasize
that the preferred alternative identified in the Proposed Plan is a preliminary determination, and that the Agency is requesting comments on all
of the alternatives.

Detailed guidance on the preparation of the Proposed Plan is provided in Chapters 2,3, and 9 of the "Interim Final Guidance on Preparing
Superfund Decision Documents" (the "ROD Guidance") (OSWER Directive 9335.3-02, November 1989, EPA/540/G-89/007).
 Introduction
 Begin  with a  statement of the  document's purpose.   This
 introduction should state the site name and location, identify the
 lead and support agencies, and state that the Proposed Plan:

 a  Fulfills the requirements of CERCLA section 117(a);
 n  Describes the remedial alternatives analyzed for the site or
    operable unit;

 n  Identifies the preferred alternative and explains the rationale
    for the preference;

 a  Highlights key information jn the RI/FS and administrative
    record, to which the reader is referred for further details;

 p  Solicits community involvement in the selection of a remedy;
    and

 n  Invites public comment on all alternatives.

 Site Background

 Provide a brief description of the site, including:

 a  History of site activities that led to current problems at the site;
    and

 n  The site area or media to be addressed by the selected remedy.

Figure  1 is an example of a site map that could be included.

Scope and Role of Operable Unit or Response
Action

a   Identify the  principal threats posed by conditions at the site;
    and
                              a   Describe the scope of the problems addressed by the preferred
                                  alternative  and  its  role within the overall site clean-up
                                  strategy.

                              Summary of Site Risks

                              n   Provide a brief  overview of the baseline risk  assessment,
                                  including the contaminated media, contaminants of concern,
                                  exposure pathways and populations, and potential or actual
                                  risks;

                              a   Describe how current risks compare with remediation goals;
                                  and

                              n   Discuss environmental ribl/s, as appropriate.

                              Summary of Alternatives
                              Describe briefly each of the alternatives evaluated in  the detailed
                             - analysis of the FS. Highlight the following:

                              o   Treatment components;

                              a   Engineering controls  (noting the  type  of containment
                                  controls); and

                              °   Institutional controls.

                              Quantities of waste and implementation requirements related to
                              each component should be noted, as well as major applicable or
                              relevant  and appropriate requirements (ARARs), the estimated
                              construction, and operation and maintenance (O&M) costs (also
                              expressed in present worth), and the implementation time of each
                              alternative.  Emphasize that these latter two evaluations are
                              estimates.  An example is presented iv. Highlight 1.
                                                                                            Printed on Recycled Paper

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                       Figure 1

            EIO Industrial Site and Surroundings'
K*g HI ii -i r-— -•-—--—
                                SK* Boundary
                                     ^w**

                                     -NOT TO SCALE.
 Highlight 1: Summarizing an Alternative
 Trealment Components:
 Excavation, on-site incineration of contaminated soils, and
 solidification and off-site disposal of residual metals and ash.
   Estimated Construction Cost: 542,463,300
   Estimated Annual O&M Costs:  S26.200
   Estimated Present-Worth Costs: S42.708.780
   Estimated Implementation Timeframe:   30 Months
 Under this alternative, a mobile incinerator would be brought
 to the site, and 28,000 cubic yards of soils contaminated with
 RCRA listed wastes would be excavated and incinerated on-
 site to BOAT levels established under the RCRA Land Dis-
 posal Restrictions (LDR). Waste gases and water from this
 process would be collected and treated off-site  in a RCRA
 Subtitle C treatment facility; residual metals and ash would be
 solidified to achieve LDR treatment standards and disposed
 off-site in a RCRA Subtitle C disposal facility.
Evaluation of Alternatives and the Preferred
Alternative.
a  Identify the preferred alternative, emphasizing that the
   selection of this alternative is preliminary and could change
   in response to public comments or other new information.
   Sample text is presented in Highlight 2.
  Highlight 2: Stating the Preferred Alternative
  The preferred alternative is alternative number 3. Alterna-
  tive 3 includes excavation and on-site incineration of con-
  taminated soils, with solidification and off-site disposal of
  residual metals and ash. Based on new information or pub-
  lic comments, EPA, in consultation with the State of Ten-
  nessee, may later modify the preferred alternative or select
  another remedial action presented in this Proposed Plan
  and the RI/FS. The public, therefore, is encouraged to re-
  view and comment on all of the alternatives identified in
  this Proposed Plan. The RI/FS  should be consulted for
  more information on these alternatives.
                                                          a   Introduce the nine evaluation criteria used to evaluate the
                                                              alternatives.

                                                          a   Summarize the expected performance of the preferred
                                                              alternative  in terms  of  the nine evaluation  criteria
                                                              explaining how the preferred alternative compares to the
                                                              other alternatives with  respect to those criteria.  This
                                                              description is for the preliminary preference. Sample text
                                                              for one criterion is presented in Highlight 3.
Highlight 3: Presenting the Evaluation of
Alternatives
Short-term effectiveness.
Alternative number 4 uses a treatment process for soils and
disposal of residuals in an on-site landfill that contains the
contaminated soils and reduces the possibility of direct hu-
man contact with contaminants more quickly than all of the
other alternatives except Alternative 1 (no action). Under
the preferred alternative, once the volatile organics have
been collected in canisters, there is some minor short-term
risk of exposure to the community during transportation of
the canisters to a disposal site.
Because the capacity of on-site and off-site incinerators is
limited, under Alternatives  3 and 5  contaminated  soils
would be stockpiled for up to six years. Under these two
alternatives, the risks of direct contact with stockpiled con-
taminated soils would be increased until  incineration has
been completed. In addition, there are some risks of expo-
sure to air emissions from  the incinerators.
                                                         The nine evaluation criteria are summarized below.
                                                          Threshold Criteria:
                                                            -   Overall protection of human health and the environment
                                                                addresses whether a remedy provides adequate protection
                                                                of human health and the environment and describes how
                                                                risks posed through each exposure pathway are elimi-
                                                                nated, reduced, or controlled through treatment, engi-
                                                                neering controls, or institutional controls.
                                                            -   Compliance with applicable or relevant and appropriate
                                                                requirements (ARARs) addresses whether a remedy will
                                                                meet all of the ARARs of other Federal and State envi-
                                                                ronmental laws and/or justifies a waiver.


                                                          Primary Balancing Criteria:
                                                            -   Long-term effectiveness and permanence refers to ex-
                                                                pected residual risk and the ability of a remedy to maintain
                                                                reliable protection of human health and the environment
                                                                over time, once clean-up goals have been met.

                                                            -   Reduction of toxicity, mobility, or volume through treat-
                                                                ment is the anticipated performance of the treatment
                                                                technologies a remedy may employ.

                                                             -  Short-term effectiveness  addresses the period of time
                                                                needed to achieve protection and any adverse impacts on
                                                                human health and the environment that may be posed
                                                                during the construction and implementation period, u
                                                                clean-up goals are achieved.
                                                           - 2 -

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   -  ImplementabUity is  the technical  and  administrative
      feasibility of a  remedy, including the  availability  of
      materials and services needed to implement a particular
      option.

   -  Cost includes  estimated capital and O&M costs, also
      expressed as net present worth-costs.

Modifying Criteria:

   -  State/Support Agency Acceptance reflects aspects of the
      preferred  alternative  and  other alternatives  that  the
      support agency  favors or objects  to, and  any specific
      comments regarding State ARARs or the proposed use of
      waivers. The Proposed Plan should address views known at
      the time the plan is issued but should not speculate.  The
      assessment of State concerns may not be complete until
      after the  public comment period on  the RI/FS and
      Proposed Plan is held.

   -  Community Acceptance summarizes the public's general
      response to the alternatives described in the Proposed Plan
      and in the RI/FS, based on public comments received. Like
      State Acceptance, evaluations under this criterion usually
      will not be completed until after the public comment period
      is held.
Present the lead  agency's preliminary determination that  the
preferred alternative provides the best balance of tradeoffs with
respect to the nine criteria.  Sample text is presented in Highlight
4. The preferred alternative is anticipated to meet the following
statutory requirements to:

   a  Protect human health and the environment;
   a  Comply with ARARs (or justify a waiver);
   a  Be cost-effective;
   a  Utilize permanent solutions and alternative treatment or
      resource recovery technologies, to the  maximum extent
      practicable; and-
    Satisfy the statutory preference for treatment as a principal
    element, or justify not meeting the preference.
   Highlight 4: Summarizing the Statutory
   Findings
   In summary, the preferred alternative is believed to pro-
   vide the best balance of trade-offs  among alternatives
   with respect to the criteria used to evaluate remedies.
   Based on the information available at this time, therefore,
   EPA and the State of Tennessee believe the preferred al-
   ternative would protect human health and the environ-
   ment,  would  comply with  ARARs. would  be cost-
   effective, and would utilize permanent solutions and alter-
   native treatment technologies or resource recovery tech-
   nologies to the maximum extent practicable. The pre-
   ferred alternative should/will not satisfy the preference for
   treatment as a principal element.
Community Participation
The Proposed Plan is a public participation decision document. It
should include information that helps the public understand how
they can be involved. To this end, the Plan should:

   n  Provide notice of the dates of the public comment period;

   a  Note the date,  time, and location of public meeting(s)
      planned to be held;
   a  Identify names, phone numbers, and addresses of lead and
      support agency contact people to whom comments should
      be sent;
   o  State whether a special  notice has been  issued to the
      potentially responsible parties (PRPs), if applicable; and
   n  List the location of the Administrative Record and other
      information repositories.
                                                           - 3 -

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      SECTION VIII
NATIONAL PRIORITIES LIST

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National Priorities List,
 Final Sites (by State)
     February 1991
                                                       Date
St Site Name
CT Hew London Submarine Base
CT Nutmeg Valley Road
CT Old southington Landfill
CT Precision Plating Corp.
CT Revere Textile Prints Corp.
CT Solvents Recovery Service of New England
CT Yaworski Waste Lagoon
15 Final Sites
OE Army Creek Landfill (once listed as Delaware Sand & Gravel-Llangollen
Army Creek Landfills)
OE Chem-Solv, Inc.
OE Cover's Sanitation service Landfills
OE Delaware City PVC Plant (once listed as Stauffer Chemical Co.)
OE Delaware Sand 1 Gravel Landfill (once listed as Delaware Sand &
Gravel-Llangollen Army Creek Landfills)
OE Dover Air Force Base
OE Dover Gas Light Co.
OE E.I. Du Pont d« Nemours i Co., Inc. (Newport Pigment Plant Landfill)
OE Hi I by Chemical Co.
OE Harvey t Knott Drum, Inc.
OE Kent County landfill (Houston)
OE tappers Co., Inc. (Newport Plant)
OE NCR Corp. (Hillsboro Plant)
DE New Castle Spill (once listed as TRIS Spill)
OE Sealand Limited -3
OE Standard Chlorine of Delaware, Inc
OE Sussex County Landfill No. 5
OE Tybouts Corner Landfill «
CE Tyler Refrigeration Pit
DE Wildcat Landfill
20 Final Sites
Fl Agrico Chemical Co.
FL Airco Plating Co.
FL Alpha Chemical Corp.
FL American Creosote Works, Inc. (Pensacola Plant)
(once listed as American Creosote Works)
FL Anaconda Aluminum Co./Hilgo Electronics Corp.
FL Anodyne, Inc.
FL SSI Chemical Co., Inc.
FL Beulah Landfill
FL SMI -Textron
FL Brown Wood Preserving
FL Cabot/Koppers
FL Cecil field Naval Air Stiffen
FL Chemfona, Inc.
fl City Industries, Inc.
FL Coleflwn-Evant Wood "ratifying Co.
FL Davit Landfill (one* listed a* Iroward County Solid waste
Disposal Facility)
FL Oupose Oil Products Co.
FL Florida Steel Corp.
FL Gold Coast Oil Corp.
FL Harris Corp. (Pal* lay Plant} (once listed as Harris Corp. /General
Development Utilities)

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                                                      National Priorities List,
                                                       Final  Sites  (by State)
                                                           February 1991
                                                                                                            Date
St Site Name
FL Hotlingsuorth Solderless Terminal
FL Homestead Air Force Base
FL Jacksonville Naval Air Station
FL Kassauf-Kimerling Battery Disposal (once listed as Timber Lake
Battery Disposal)
FL Hadison County Sanitary Landfill
FL Miami Drum Services (once listed as part of Biscayne Aquifer)
FL Muni sport Landfill
FL Northwest 58th Street Landfill (once listed as part of Biscayne
Aquifer)
FL Peak Oil Co. /Bay Drum Co.
FL Pensacola Naval Air Station
FL Pepper Steel I Alloys, Inc.
FL Petroleum Products Corp.
FL Pickettville Road Landfill
FL Pioneer Sand Co.
FL Piper Aircraft/Vero Beach Water & Sewer Department
FL Reeves Southeast Galvanizing Corp
FL Sapp Battery Salvage
FL Schuylkill Metals Corp.
FL Sherwood Medical Industries
FL Sixty-Second Street Dump
FL Standard Auto Bumper Corp.
FL Sydney Mine Sludge Ponds
FL Taylor Road Landfill
FL Tower Chemical Co.
FL uhitehouse Oil Pits
FL Wilson Concepts of Florida, Inc.
FL Wingate Road Municipal Incinerator Dump
FL Woodbury Chemical Co. (Princeton Plant)
FL Yellow Water Road Dump
FL Zellwood Ground Water Contamination
51 Final Sites
GA Cedartown Industries, Inc.
GA Cedartown Municipal Landfill
GA Diamond Shamrock Corp. Landfill
GA Firestone Tire t Rubber Co. (Albany Plant)
GA Hercules 009 Landfill
GA Marine Corps Logistics Base
GA Marzon* Inc. /Chevron Chemical Co.
GA Ma this Brothers Landfill (South Marble Top Road)
GA Monsanto Corp. (Augusta Plant)
GA Powers vi lie Sit*
GA Robins Air Force tat* (Landfill **/$ lodge Lagoon) (once listed as
Robins Air Fore* laa»)
GA T.H. Agriculture ft Nutrition Co. (Albany Plant)
GA Wool folk Chearical (tori*. Inc.
City/County
Fort Lauderdale
Homestead
Jacksonville
Tampa

Madison
Miami
North Miami
Hialeah

Tampa
Pensacola
Medley
Pembroke Park
Jacksonville
Warrington
Vero Beach
Tampa
Cottondale
Plant City
Del and
Tampa
Hialeah
Brandon
Seffner
Clermont
Uhitehouse
Pompano Beach
Fort Lauderdale
Princeton
Baldwin
Zellwood

Cedartown
Cedartown
Cedartown
Albany
Brunswick
Albany
Tifton
Kensington
Augusta
Peach County
Houston County

Albany
Fort Valley
Proposed or
Announced.,
10/81
7/89
7/89
10/81

6/88
10/81
12/82
10/81

10/84
7/89
9/83
4/85
10/81
10/81
6/86
10/81
10/81
12/82
12/82
12/82
6/88
6/86
10/81
10/81
10/81
6/88
6/88
6/88
9/85
10/81

6/88
6/88
1/87
6/88
9/83
7/89
6/88
1/87
9/83
9/83
: 10/84

6/88
6/88
.Final
9/83
8/90
11/89
9/83

8/90
9/83
9/83
9/83

6/86
11/89
9/84
7/87
9/83
9/83
2/90
9/83
9/83
9/83
9/83
9/83
10/89
10/89
9/83
9/83
9/33
3/89
10/89
8/90
6/86
9/83

2/90
3/89
8/90
10/89
9/84
11/89
10/89
3/89
9/84
9/84
7/87

3/89
8/90
Rank/
Group,
330
Gr 8F
Gr 1SF
136

577
130
863
209

55
Gr 8F
903
491
365
165
938
46
247
43
505
215
372
529
ISO
343
151
579
910
517
985
171

441
817
662
996
152
Gr 7F
986
956
658
636
Gr 4F

464
415
           13 final Site*
GU  Ordot Landfill *
            1 Final Site*
HI  Schofield Barracks
            1 Final Sites
Gua«
Oahu
                         10/81
7/89
           9/83
                                               97
                                     8/90   Gr 22F

-------
National Priorities List,
 Final Sites (by State)
     February 1991

St Site Name

IA Aidex Corp. *
IA Oes Koines TCE (once listed as OICO)
JA I.I. Ou Pont dt Nemours t Co., Inc. (County Road X23)
IA Electro-Coatings, Inc.
IA Fairfield Coal Gasification Plant
IA Farcers' Mutual Cooperative
IA tone Army Aiwunition Plant
IA John Oeere (Ottuwa Works Landfills)
I A LaSounty Site
IA Lawrence Todtz Farm
(A Lchigh Portland Cement Co.
(A Mid-Africa Tanning Co.
IA Midwest Manufacturing/North Farm
IA Northwestern States Portland Cement Co.
IA Peoples Natural Gas Co.
IA Red Oak City Landfill
IA Shaw Avenue Ouwp
IA Sheller-Globe Corp. Disposal
IA Vosel Paint t Wax Co.
IA White Farm Equipment Co. Dunp
20 Final Sites
ID Arrcom (Drexler Enterprises)
ID Bunker Hill Mining £ Metallurgical
10 Eastern Michaud Flats Contamination
10 ld»ho National Engineering Laboratory (USOOE)
ID Kerr-HcGee Chemical Corp. (Soda Springs Plant)
ID Monsanto Chemical Co. (Soda Springs Plant)
ID Mountain Home Air Force Base
ID Pacific Hide I Fur Recycling Co.
ID Union Pacific Railroad Co.
9 Final Sites
IL A & F Material Reclaiming, Inc.
IL Aor* Solvent Reclaiming, Inc. (Ho.rristoun Plant)
IL Adas* County Ouincy Landfills 213
IL Amoco Chemicals (Joliet Landfill) '
IL Beloit Corp.
IL Belvidere Municipal Landfill
IL Syron Salvage Yard
IL Central Illinois Public Service Co.
IL Cross Brothers Pail Recycling (Pembroke)
a OuPaoa County landfUl/ilackMall Foraat Preserve
IL Galesburg/Koppara Co.
IL H.O.D. Landfill
IL Ilada Energy Co.
a Interstata Pollutian Cwtrvt, Inc.
a Johns'ManvUla Cart*.
It Joliat Any Aaaunltfan Plant Uoad-AasaafclyPacking Area)
a Joliat Anay Aaautlttan Plant (Kanufacturing Area)
a Kerr-MeOaa (Krata Crmk/Uaat Iranch of OuPaga River)
a Kerr-McG** (Read-Kepplar Park)
IL Kerr-McCe* (Residential Areas)
a Kerr-HcCe* (Sewaga Treatment Plant)
IL LtSalle Electric Utilities
IL Lenz Oil Service, Inc.
a HIG/Oewan* Landfill

I
City/County i
Council Bluffs
Des Moines
West Point
Cedar Rapids
Fairfield
Hospers
Middletown
Ottunua
Charles City
Cainanche
Mason City
Sergeant Bluff
Kellogg
. Mason City
Dubuque
Red Oak
Charles City
Keokuk
Orange City
Charles City

Rathdrun
SmelterviUe
Pocatello
Idaho Falls
Soda Springs
Soda Springs
Mountain Home
Pocatello
Pocatello

Greenup
Morristoun
Ouincy
Joliet
Rockton
Belvidere
Byron
Taylorville
Pembroke Township
Warrenvilla
Galasburg
Ant i och
East Cap* Girardeau
Rockford
Waukegan
Joliet
Joliat
DuPage County
Wast Chicago
W Chic/DuPage Cnty
West Chicago
LaSalla
Lanont
Belvidere
Date
'roposed or
trmounced^
10/81
12/82
6/88
6/88
6/88
6/88
7/89
6/88
12/82
9/85
6/88
6/88
9/85
6/88
6/88
6/86
9/85
5/89
10/84
6/88

12/82.
12/82
5/89
7/89
5/89
5/89
7/89
9/83
9/83

7/82
7/82
6/88
6/88
6/88
12/82
12/82
6/88
12/82
6/88
12/82
9/85
6/88
6/88
12/82
4/8S
10/84
10/84
10/84
10/84
10/84 '
12/82
6/88'
10/89;

1
Final i
9/83
9/83
8/90
10/89
8/90
8/90
8/90
2/90
9/83
6/86
8/90
3/89
6/86
8/90
8/90
3/S9
7/87
8/90
6/86
8/90

9/83
9/33
8/90
11/39
10/89
8/90
8/90
9/84
9/84

9/83
9/83
8/90
2/90
8/90
9/83
9/83
8/90
9/83
2/90
9/83
2/90
10/89
3/89
9/83
3/89
7/87
2/91
8/90
8/90
8/90
9/81
10/89
8/90

Sank/
Group,
93
408
295
427
565
800
Gr 21F
403
8
162
68
240
882
75
284
761
997
807
921
356

1029
1"
Gr 2F
407
132

109
888
7S1
516
163
1067
777
1036
440
675
725
732
750
292
550
Gr 15F
Gr 18F
524
514
555
710
439
400
204

-------
National Priorities List,
 Final Sites (by State)
     February 1991
                                                       Date
St Site Name
IL NL Industries/Taracorp Lead Smelter
1L Outboard Marine Corp. "
IL Pagel's Pit
IL Parsons Casket Hardware Co. „,_„,.
IL Sangamo Electric Quip/Crab Orchard National Wildlife Refuge (USOOI)
IL Savanna Army Depot Activity
IL Southeast Bockford Ground Water Contamination
IL Tri-County Landfill Co. /Waste Management of Illinois, Inc.
IL Velsicol Chemical Corp. (Illinois)
IL Uauconda Sand t Gravel
IL Woodstock Municipal Landfill
IL Yeoman Creek Landfill
36 Final Sites
IN American Chemical Service, Inc.
IN Bennett Stone Quarry
IN Carter Lee Lumber Co.
IN Coluifcus Old Municipal Landfill #1
IN Conrail Rail Yard (Elkhart)
IN Continental Steel Corp.
IN Douglass Road/Uni royal, Inc., Landfill
IN Envirochem Corp.
IN Fisher-Calo
IN Fort Wayne Reduction Dump
IN Galen Myers Dump/Drum Salvage
IN Himco Dump
IN Lake Sandy Jo (MSM Landfill) (once listed as Lake Sandy Jo)
IN Lakeland Disposal Service, Inc.
kIN Lemon Lane Landfill
JIN Main Street Well Field
IN Marion (Bragg) Dump
IN MIOCO I
IN MIDCO It
IN Neal's Dump (Spencer)
IN Neal's Landfill (Bloomington)
IN Ninth Avenue Dump
IN Northside Sanitary Landfill, Inc
IN Prestolite Battery Division
IN Reilly Tar t Chemical Corp. (Indianapolis Plant)
IN Seymour Recycling Corp. •
IN Souths ide Sanitary Landfill
IN Tippecanoe Sanitary Landfill, Inc
IN Tri -State Plating
IN Waste, Inc., Landfill
IN Wayne Waste Oil
IN wedzeb Enterprise*. Inc.
IN Whiteford Sales ft Scrvfc* Inc. /Nat ionaL ease
33 Final f
-------
National Priorities List,
 Final Sitts (by State)
     February 1991
                                                       Date
St Site Na
HA Charles-Georga Reclamation Trust Landfill
HA Fort Dtvens
HA Fort Devens-Sudbury Training Annex
HA Grove I and Mils
HA XaverhUl Municipal UntflU
HA xocomoneo Pond
HA tndustri-Pltx Cone* Ittts* M Hark Phillip Trust)
HA Iron Horse Park
HA Nev Bedford Sit* *
HA Norwood PCts
HA Nyatua Chemical Waste Dump
KA Otis Air National Guard last/Camp EdMards
HA Plymouth Harbor/Cannon Engineering Corp. (once listed as Plymouth
Harbor/Cordage)
HA PSC Resources
HA Re-Solve, Inc.
Ci ty/County
Hutch inson
El Dorado
Cowley County

Brooks
Calvert City
Calvert City
Island
Auburn
West Point
Jefferson County
Olaton
Hayfield
Haceo
Howe Valley
Louisville
Hillsboro
Newport
Peewee Valley
Brooks
Shepherdsville

Slidell
Bayou Sorrel
Sorrento
Oenham Springs
Abbeville
Ascension Parish
Abbeville
Doyline
Oarrow
Abbeville
Scot landvi lie

Fai rhaven
Holbrook
Bridgewater
Tyngsborough
Fort Devens
Middlesex County
Grovel and
Haverhill
Uestborough
Woburn
Billarica
New Bedford
Norwood
Ashland
Falmouth
Plymouth
Palmar
Dartmouth

Proposed or
Announced.
1/87
6/88
10/84

10/81
9/83
12/82
6/88
6/88
12/82
7/82
6/88
6/88
6/88
6/86
7/82
'10/84
12/82
6/88
10/84
6/88

12/82
7/82
12/82
6/86
6/88
1/87
6/88
10/84
7/82
6/88
9/83

6/88
12/82
12/82
10/81
7/89
7/89
12/82
10/84
12/82
10/81
9/83
7/82
10/84
10/81
7/89
12/82
12/82
10/81

Rank/
Final Group.
7/87
3/89
6/86

9/83
9/84
9/83
2/90
8/90
9/83
9/83
8/90
2/90
8/90
7/87
9/83
6/86
9/83
3/89
6/86
3/89

9/83
9/84
9/83
8/90
10/89
7/87
3/89
3/89
9/83
3/89
9/84

2/90
9/83
9/83
9/83
11/89
2/90
9/83
6/86
9/83
9/83
9/84
9/83
6/86
9/83
, 11/89
9/83
; 9/83
; 9/83
,
822
993
821

96
834
844
147
749
325
736
347
845
1032
625
513
912
600
559
853
787


229
792 ^
864*|
375
Gr 20F
82
528
453

384
14
501
254
Gr 9F
Gr 14F
468
981
324
5
367
81
1021
11
Gr 6F
112
536
243


-------
                                                        National Priorities List,
                                                         Final Sites (by State)
                                                             February 1991
                                                                                                             Date
   St  Site Name
   MA  Rose Disposal  Pit
   MA  Salem Acres
   MA  Shpack Landfill
   MA  Si I resim Chemical Corp.
   MA  Sullivan's Ledge
   MA  W.R.  Grace I Co Inc (Acton Plant)
   MA  wells GftH

              25 Final Sites
   MD
   MD
   MO
   MO
   MO
   MO
  MO
  MO
  MO
  MO
  ME
  ME
  ME
  ME
  ME
  ME
  ME
  ME
  ME
 MI
 Ml
 MI
 MI
 MI
 MI
 MI
 Ml
 Mt
 MI
 MI
 MI
 MI
 MI
 Ml
 MI
 MI
 MI
 Ml
 MI
 MI
MI
MI
Ml
  Aberdeen Proving Ground (Edgewood Area)
  Aberdeen Proving Ground (Michaelsville Landfill)
  Anne Arundel County Landfill
  Bush Valley Landfill
  Kane I Lombard Street Drums
  Limestone Road
  Mid-Atlantic Wood Preservers.  Inc
  Sand,  Gravel ft Stone
  Southern Maryland Wood Treating
  Woodlawn County Landfill

         10 Final  Sites

  Brunswick Naval  Air  Station
  Loring  Air  Force Base
  McKin Co.
  O'Connor  Co.
  Pinette's Salvage Yard
  Saco Municipal Landfill
  Saco Tannery Waste Pits
  Union Chemical Co.,  Inc.
  Winthrop Landfill

         9 Final Sites

 Adam's Plating
 Albion-Sheridan Township Landfill
 Allied Paper, Inc./Portage Creek/Kalamazoo River
 American Anodco,  Inc.
 Anderson Development  Co.
 Auto Ion Chemicals,  Inc.
 Avenue »E» Ground Water Contamination
 Barrels,  Inc.
 Bendix Corp./Allied Automotive
 Berlin t Farro
 Bofors Nobel, Inc.
 Burrows  Sanitation
 Butterworth *2 Landfill
 Canntlton  Industries,  In*.
 Carter Industrials, Im.
 Cemetery DUMP
 Charlevoix Municipal Wall
 Chem Central
 Clare Water Supply
 Cliff/Dow DUMP
Duel I ft Gardner Landfill
Electrovoice
Folkertsma Refuse
Forest Waste Products
                                                                                 City/County
                                                                             Lanesboro
                                                                             Salem
                                                                             Morton/Attleboro
                                                                             Lowell
                                                                             New  Bedford
                                                                             Acton
                                                                             Woburn
 Edgewood
 Aberdeen
 Glen Burnie
 Abingdon
 Baltimore
 Cumberland
 Harmons
 Elkton
 Hollywood
 WoodIawn
 Brunswick
 Limestone
 Gray
 Augusta
 Washburn
 Saco
 Saco
 South Hope
 Winthrop
 Lansing
 Albion
 Kalamazoo
 Ionia
 Adrian
 Kalamazoo
 Traverse City
 Lansing
 St. Joseph
 Swartz Creek
 Nuskegon
 Hartford
 Grand Rapids
 Sault Saint* Marie
 Detroit
 Rosa Center
 Charlevoix
 Wyoming Township
 Clare
Marquette
Dal ton Township
Buchanan
Grand Rapids
Otisville
Proposed or
Announced .j
10/84
10/84
10/84
7/82
9/83
12/82
12/82
4/85
4/85
6/88
6/88
10/84
12/82
10/84
12/82
10/84
1/87
10/84
7/89
12/82
12/82
12/82
6/88
12/82
4/85
10/81
6/88
6/88
5/89
6/86
12/82
12/82
10/84
1/87
6/88
7/82
6/88
9/83
12/82
6/88
6/88
12/82
12/82
12/82
9/83
12/82
12/82 '
9/83
6/86.
12/82 /
Final
6/86
6/86
6/86
9/83
9/84
9/83
9/83
2/90
10/89
2/91
3/89
6/86
9/83
6/86
9/83
6/86
7/87
7/87
• 2/90
9/83
9/83
9/83
2/90
9/83
10/89
9/83
3/89
10/89
8/90
3/89
9/83
9/83
6/86
10/89
2/90
9/83
3/89
9/84
9/83
8/90
3/89
9/83
9/83
9/83-
9/84
9/83
9/83
9/84
3/89
9/83
Rank/
Group2
i
840
719
1018
377
852
38
378
Gr 3F
Or 19F
575
486
994
973
404
458
748
238
Gr 8f
Gr 15 =
33
90S
768
1016
362
873
660'.
1012
790
639
61
945
878
933
421
610
13
138
968
197
991
596
760
567
551
542
741
733
697
838
537

-------
National Priorities List,
 Final Sites (by State)
     February 1991
                                                       Date
St Site Name
HI G*H Landfill
Mf Grand Traversa Overall Supply Co.
MI Cratiot County Landfill *
HI H. Irown Co., Inc.
HI Kedblun Industries
HI Hi-Hill Manufacturing Co.
HI Ionia City Landfill
HI J t, I Landfill
HI KCL Avenut Landfill
HI Kaydon Corp.
HI Kent City Mobile Hone Park
HI Kentwood Landfill
HI Kysor Industrial Corp.
HI Liquid Disposal, Inc.
MI Mason County Landfill
HI HcGrau Edison Corp.
HI Hetal Working Shop
MI Mctaoora Landfill
HI Hichigan Disposal Service (Cork Street Landfill)
HI Hotor Wheel, Inc.
HI Muskegon Chemical Co.
HI Worth Sronson Industrial Area
MI Horthernaire Plating
MI Hovaco Industries
HI Organic Chemicals, Inc.
HI Ossineke Ground Water Contamination
HI Ott/Story/Cordova Chemical Co.
HI Packaging Corp. of America
HI Parsons Chemical Works, Inc.
HI Peerless Plating Co.
HI Petoskey Municipal Well Field
MI Rasirussen's Duwp
HI Rockwell International Corp. (Allegan Plant)
HI Rose Township Dump
HI Rota-Finish Co., Inc.
HI SCA Independent Landfill
HI Shiawasse* River
MI South Hacwnb Disposal Authority (Landfills #9 and *9a)
HI Southwest Ottawa County Landfill
HI Sparta Landfill
HI Spartan Chemical Co.
Ml Spiegelberg Landfill
HI Springfield Township Dunp
HI Stata Disposal Landfill, Inc.
HI Sturgis Municipal Walls
MI Tar Like
HI ThenwChe*, Inc.
MI Torch Lake
MI U.S. Aviex
MI Velsicol Chemical Carp* (Mehifan)
NI Vtrona Wall Field
MI Wash King Laundry
HI Waste Manigaaant of Michigan (Holland Lagoons)
77 Final Sitas
m Adrian Municipal Wall Fiald
MM Agate Lake Scrapyard
m Arrowhaad Refinery Co.
City/County
Utiea
Greilickville
St. Louis
Grand Rapids
Oscoda
Highland
Ionia
Rochester Hills
Oshtemo Township
Huskegon
Kent City
Kentwood
Cadillac
Utica
Pere Harquette Twp
Albion
Lake Ann
Metamora
Kalamazoo
Lansing
Whitehall
Bronson
Cadillac
Temperance
Grandville
Ossineke
Da I ton Township
Filer City
Grand Ledge
Muskegon
Petoskey
Green Oak Township
Allegan
Rose Township
Kalamazoo
Muskegon Heights
Howe 1 1
Macomb Township
Park Township
Sparta Township
Wyoming
Green Oak Township
Davisburg
Grand Rapid*
Sturgts
Manealona Township
Huskegon
Koughton County
Howard Township
St. Louis
Battle Creak
Pleasant Plains Twp
Holland

Adrian
Fairviaw Township
Hamantown
Proposed or
Announced,
7/82
12/82
10/81
4/85
12/82
6/88
12/82
6/86
12/82
6/88
9/85
12/82
9/85
7/82
12/82
12/82
1/87
9/83
10/84
10/84
6/88
10/84
7/82
12/82
12/82
12/82
7/82
12/82
6/88
6/88
12/82
12/82
4/85
7/82
10/84
12/82
12/82
10/84
12/82
12/82
12/82
12/82
12/82
6/88
9/83
12/82
10/84
10/84
12/82
12/82
7/82
12/82
10/84
/
10/84 ,
10/84 ;
9/83 •
Final
9/83
9/83
9/83
6/86
9/83
2/90
9/83
3/89
9/83
2/90
7/87
9/83
10/89
9/83
9/83
9/83
2/90
9/84
2/90
6/86
2/90
6/86
9/83
9/83
9/83
9/83
9/83
9/83
3/89
8/90"
9/83
9/83
7/87
9/83
6/86
9/83
9/83
6/86
9/83
9/83
9/83
9/83
9/83
2/90
9/84
9/83
6/36
6/86
9/83
9/83
9/83
9/83
6/86

6/86
6/86
9/84
Rank/
Group,
216
687
79
502
607
207
926
915
560
752
818
696
771
23
759
829
1062
688
583
222
757
778
64
552
347^
"*°B
^

924
344
- 382
908
160
189
473
723
947
805
508
887
461
129
166
422
420
232
142
268
806
155
263
494
613

819
1011
350

-------
                                                       National  Priorities List,
                                                        Final  Sites  
-------
                                        National Priorities List,
                                         Final Sites (by State)
                                             February 1991
                                                                                              Date
st
HO
HO
HO
HO
HO
HO
HO
HO

HS
HS

xxxxxxxx

NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC
NC

NO
un
Site Name
St. Louis Airport/Hazelwood Interim Storage/Future Coatings Co.
Syntax Facility
TifiMS leach Site
Weldon Spring Quarry/Plsnt/Pits (USDOE/Army) (once listed as Weldon
Spring Quarry (USDOE/Army))
Weldon Spring Former Army Ordnance Works
Westlake Landfill
Wheeling Disposal Service Co. Landfill
22 Final Sites
Flowood Site *
Newsom Brothers/Old Reiehhold Chemicals, Inc.
2 Final Sites
Anaconda Co. Smelter
East Helena Site (once listed as East Helena Smelter)
Idaho Pole Co.
LSbby Ground Water Contamination
Mil I town Reservoir Sediments
Montana Pole and Treating
Houat Industries
Stiver Bow Creek/Butte Area (once listed as Silver Sow Creek)
8 Final Sites
ABC One Hour Cleaners
Aberdeen Pesticide Duips
Benfield Industries, Inc.
Bypass 601 Ground Water Contamination
C»ffp Lejeone Hilitary Reservation (once listed as Camp Lejeune
Harine Corps Base)
Cape Fear Wood Preserving.
Carolina Transformer Co.
Celanese Corp. (Shelby Fiber Operations)
Charles Micon Lagoon I Drum Storage
Chemtronics, Inc.
FCX, Inc. (Statesville Plant)
FCX, Inc. (Washington Plant)
Geigy Chemical Corp. (Aberdeen Plant)
Hevi-Outy Electric Co.
Jedco-Hughes Facility
JFD Electronics/Channel Naatar
Koppers Co., Inc. (NorrfsvUl* Plant)
Hirtfn-MaHetta, Sodywc, Inc.
National starch 4V Chartcal Corp.
North Carolina State IMvamfty (Lot 66. Farm Unit *1)
New Hanover County Airpsrt turn Pit
Potter's Septic Tank ferric* Pits
22 Final Sites
Arsenic Trioxibe Sit* •
UifNStF 1 an>4«
-------
National Priorities List,
 Final Sites (by State)
     February 1991
                                                       Date
St Site Name
NE 10th Street Site
NE Cornhusker Army Ammunition Plant
NE Hastings Ground Water Contamination
NE Lindsay Manufacturing Co.
NE Nebraska Ordnance Plant (Former)
NE Waver I y Ground Water Contamination
6 Final Sites
NH Auburn Road Landfill
NH Coakley Landfill
NH Dover Municipal Landfill
NH Fletcher's Paint Works & Storage
NH Hoi ton Circle Ground Water Contamination
NH Kearsarge Metallurgical Corp. (once listed as Kearsage Metallurgical
Corp. )
NH Keefe Environmental Services (once listed as KES)
NH Mottolo Pig Farm
NH Ottati S Goss/Kingston Steel Drum (once listed as Ottati & Goss)
NH Pease Air Force Base
NH Savage Municipal Water Supply
NH Somersuorth Sanitary Landfill
NH South Municipal Water Supply Well
NH Sylvester *
NH Tibbets Road
. NH Tinkham Garage
" 16 Final Sites
NJ A. 0. Polymer
Nj American Cyanamid Co.
NJ Asbestos Diwp
NJ Beachwood/Berkley Wells
NJ Bog Creek Farm
NJ Brick Township Landfill
NJ Bridgeport Rental t Oil Services
NJ Brook Industrial Park
NJ Burnt Fly Bog
NJ Caldwell Trucking Co.
NJ Chemical Control
NJ Chemical Insecticide Corp.
NJ Chemical Leaman Tank Lines, Inc. (one* listed as Chemical Leaman
Tank Liners, Inc.)
NJ Chemsol, Inc.
NJ Ciba-Geigy Corp. (one* Hated u Tom River Chemical)
NJ CinriMinson Township (Slock 702) Ground Water Contamination
NJ Combe Fill North landfill
NJ combe Fill South Landfill
NJ Cosden Chemical Coating* Corp.
NJ CPS/Madison Industrie*-
NJ Curcio Scrap Natal, In*.
NJ O'Imperio Property
NJ Oayco Corp./L.E Carpenter Co.
NJ Da Renal Cheaiical Co.
NJ Delilah Road
NJ Oenzer t Schafer X-Ray Co.
NJ Diamond Alkali Co.
NJ Dover Municipal Well 4
NJ Ellis Property
City/County
Columbus
Hall County
Hastings
Lindsay
Mead
Waverly

Londonderry
North Hampton
Dover
Mi I ford
' Londonderry
Conuay

Epping
Raymond
Kingston
Portsmouth/New i ng ton
Mi I ford
Somersworth
Peterborough
Nashua
Barrington
Londonderry

Sparta Township
Bound Brook
Millington
Berkley Township
Howell Township
Brick Township
• Bridgeport
Bovnd Brook
Marlboro Township
Fairfield
Elizabeth
Edison Township
Bridgeport

Piscataway
Tom* River
Cimaminson Township
Mount Olive Twp
Chester Township
Beverly
Old Bridge Township
Saddle irook Twp
Hamilton Township
Wharton Borough
Kingwood Township
Egg Harbor Township
Bayville
Newark
Dover Township
Eveshan Township
Proposed or
Announced1
10/89
10/84
10/84
10/84
10/89
10/84

12/82
10/84
12/82
6/88
6/88
9/83

10/81
4/85
10/81
7/89
9/83
12/82
9/83.
10/81
4/85
12/82

12/82
12/82
12/82
12/82
12/82
12/82
10/81
6/88
10/81
12/82
10/81
10/89
9/83

12/82
12/82
10/84
12/82
12/82
1/87
12/82
1/87
10/81
4/85
9/83
9/83 ,
12/82
9/83
12/82 .
12/82 ;
Final
8/90
7/87
6/86
10/89
8/90
6/86

9/83
6/86
9/83
3/89
3/89
9/84

9/83
7/87
9/83
2/90
9/84
9/83
9/84
9/83
6/86
9/83

9/83
9/83
9/83
9/83
9/83
9/83
9/83
10/89
9/83
9/83
9/83
8/90
9/84

9/83
9/83
6/86
9/83
9/83
7/87
9/83
7/87
9/83
7/87
9/84
9/84
9/83
9/84
9/83
9/83
Rank/
GrouOj
1051
Gr 4F
428
241
896
585

643
1030
619
694
889
540

19
470
140
Gr 11F
603
16
659
24
457
359

1039
198
512
409
361
59
35
60
42
52
. 259
571
249

380
196
570
242
315
783
10
745
106
287
655
210
483
692
1041
735

-------
National Priorities List,
 Final Sites (by State)
     February 1991
                                                       Date
St Sitt Hame
MJ Ever Phillip* Leasing
MJ twin Proptrty
MJ Fair Laun U«U Field
HJ Federal Aviation Administration Technical Center
HJ Florence Land Recontogring Landfill
HJ Fort Dix (Landfill Sitt)
HJ Fried Industries
HJ Garden State Cleaners Co.
HJ GEHS Landfill
HJ Glen Ridge Radium Site
HJ Global Sanitary Landfill
HJ Goose Farm
HJ Helen Kramer Landfill
HJ Hercules, Inc. (Gibbatown Plant)
HJ Higgins Disposal
HJ Higgins Farm
HJ Hopkins Farm
HJ Imperial Oil Co., Inc. /Champion Chemicals
HJ Industrial Latex Corp.
HJ Jackson Township Landfill
HJ JIS Landfill
HJ Kauffman t Hinteer, Inc.
HJ Kin-Sue Landfill
HJ King of Prussia
HJ Landfill t Development Co.
HJ Lang Property
HJ Lipari Landfill
HJ Lodi Municipal Well
HJ Lone Pine Landfill
HJ HtT Oelisa Landfill
MJ Mmnheim Avenue Dump
MJ Hayvood Chemical Co.
HJ Metaltec/Aerosystem*
MJ Monitor Devices/tntercircuits Ine ,
HJ Monroe Township Landfill
HJ Hontclair/Vest Orange Radium Site
HJ Montgomery Township Housing Development
HJ Kyers Property
HJ Hascolite Corp.
HJ Ha vat Air Engineering Center
HJ Naval Weapons Station Earle 
-------
                                                    National Priorities List,
                                                     Final Sites (by State)
                                                         February 1991
                                                                                                         Date
st
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ
NJ

NJ
NJ
NJ
NJ
NJ
NJ
-
NM
NM
NM
NM
NM
NM
NM
NM
NM
NM
Site Name
Sharkey Landfill
Shieldalloy Corp.
South Brunswick Landfill
South Jersey Clothing Co.
Spence Farm
Swop* Oil I Chemical Co.
Syncon Resins
Tabernacle Drum Dump
U.S. Radium Corp.
Universal Oil Products (Chemical Division)
Upper Deerfield Township Sanitary Landfill
Ventron/Velsicol
Vineland Chemical Co., Inc.
Vineland State School
U.R. Grace i Co., Inc. /Wayne Interim Storage Site (USDOE) (once listed
as W.R. Grace & Co., Inc. (Wayne Plant))
Ualdick Aerospace Devices, Inc.
Williams Property
Wilson Farm
Witco Chemical Corp. (Oakland Plant)
Woodland Route 532 Dump
Woodland Route 72 Dump
109 Final Sites
AT S, SF (Clovis)
Cal West Metals (USSSA)
Ci macron Mining Corp.
Cleveland Mill
Homestake Mining Co.
Lee Acres Landfill (USOOt)
Pagano Salvage
Prewitt Abandoned Refinery
South Valley *
United Nuclear Corp.
City/County
Par sippany/ Troy His
Newf ield Borough
South Brunswick
Minotola
Plunstead Township
Permsauken
South Kearny
Tabernacle Township
Orange
East Rutherford
Upper Deerfield Tup
Wood Ridge Borough
Vineland
Vineland
Wayne Township

Wall Township
Swainton
Plumstead Township
Oakland
Woodland Township
Woodland Township

Clovis
Lemitar
Carrizozo -
Silver City
Milan
Farmington
Los Lunas
Prewitt
Albuquerque
Church Rock
Proposed or
Announced1
12/82
9/83
12/82
6/88
10/81
7/82
7/82
9/83
12/82
12/82
9/83
9/83
9/83
12/82
9/83

10/84
12/82
9/83
6/88
9/83
9/83

10/81
6/88
6/88
6/88
10/81
6/88
6/88
6/88
7/82
10/81
Final
9/83
9/84
9/83
10/89
9/83
9/83
9/83
9/84
9/83
9/83
9/84
9/84
9/84
9/83
9/84

6/86
9/83
9/84
10/89
9/84
9/84

9/83
3/89
10/89
3/89
• 9/83
8/90
10/89
8/90
9/83
9/83
Rank/
Group2
227
47
133
410
307
657
354
623
595
116
810
179
41
466
Gr 6F

323
478
773
965
717
935

820
Gr IF
530
482
754
Gr 11F
679
339
88
977
           10 Final  Sites

NV  Carson River Mercury Site

            1 Final  Sites

MY  Action Anodizing, Plating, I Polishing Corp.
NY  American Thermostat  Co.
NY  Anchor Chemical*
NY  Applied Environmental Service*
NY  Batavia Landfill
NY  BEC Trucking
NY  BioClinical  uterMorU», Inc.
NY  Brewster Well  Fi«i*
NY  Brookhaven lUtioml  Ufemtory (USOOC)
NY  Byron Barrel I On*
MY  C I J Disposal L«M
-------
National Priorities List,
 Final Sites (by State)
     February 1991
                                                       Date
st
NT
HI
NY
HY
NT
NY
HY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
MY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
NY
HY
NY
HY
NY
NY
NY
NY
NY
NY
HY
HY
NY
MY
Site Name
Cortes* Landfill
Endicott Villas* Wall Field
Facet Enterprises, Inc.
FHC Corp. (Dublin Road Landfill)
forest Glen Mobile Home Subdivision
Fulton Terminals
GE Horeau
General Motors (Central Foundry Division)
Genzale Plating Co.
Goldisc Recordings, Inc.
Griffist Air Force Base
Havdand Complex
Hertel Landfill
Hooker (102nd Street)
Hooker (Hyde Park)
Hooker (S Area)
Hooker Chemical/Ruco Polymer Corp
Hudson River PCBs
Islip Municipal Sanitary Landfill
Johnstown City Landfill
Jones Chemicals, Inc.
Jones Sanitation
Katonah Municipal Well
Kcfwark Textile Corp.
Kentucky Avenue Well Field
Liberty Industrial Finishing
Love Canal
tod lew Sand t Gravel
Malta Rocket Fuel Area
Marathon lattery Corp.
Matt i ace Petrochemical Co., Inc.
Mercury Refining, Inc.
Nepera Chemical Co., Inc.
Niagara County Refuse
Niagara Mohawk Power Corp. (Saratoga Springs Plant)
North Sea Municipal Landfill
Old iethpage Landfill
Olean Well Field
Pasley Solvents t Chemicals, Inc.
Plattsburgh Air Force Base
Pollution Abatement Services *
Port Washington Landfill
Preferred Plating Corp.
RadiuM Chtmical Co., Inc.
Ramapo Landfill
Richardson Hill Road Landfill/Pond
Robintech, Inc. /National Pip* Co.
Rosen Irothen Scrap YardTOMp
Row« Industrie* Ground UKOT Contamination
Sarnay Fan*
Staland Restoration, Inc.
Seneca An*y Oapot
Sidney Landfill
Sinclair Refinery
SMS Instruments, Inc.
Solvent Savers
Suffern Villas* U*U Field
Syc*»et Landfill
Tri-Cities larrel Co., Inc.
City/County
Vil of Narrowsburg
Village of Endicott
Elmira
Town of Shelby
Niagara Falls
Fulton
South Glen Falls
Massena
Franklin Square
Ho I brook
Rome
Town of Hyde Park
Plattekill
'Niagara Falls
Niagara Falls
Niagara Falls
Hicksville
Hudson River
Islip
Town of Johnstown
Caledonia
Hyde Park
Town of Bedford
Farmingdale
Horseheads
Farmingdale
Niagara Falls
Clayville
Malta
Cold Springs
Glen Cove
Colom'e
Maybrook
Wheatfield
Saratoga Springs
North Sea
Oyster Bay
Olean
Hempstead
Plattsburgh
Oswego
Port Washington
Farmingdale
New York City
Ramapo
Sidney Center
Town of Vestal
Cort land
Noyack/Sag Harbor
Amen i a
Lisbon
Romulus
Sidney
WellsvHl*
Oeer Park
Lincklaen
Vil lag* of Suff*rn
Oyster Say
Port Gran*
Proposed or
Announced^
10/84
10/84
10/81
10/84
8/89
12/82
12/82
9/83
6/86
10/84
10/84
10/84
10/84
12/82
12/82
12/82
10/84
9/83
1/87
10/84
6/88
1/87
10/84
10/84
7/82
10/84
10/81
12/82
6/86
10/81
6/88
12/82
10/84
10/81
6/88
10/84
10/81
10/81
10/84
7/89
10/81
12/82
10/84
8/89
12/82
6/86
10/84
6/88
6/86
10/84
10/89
7/39
6/88
7/82
10/84
12/82
10/84
12/82
5/89
I
Final i
6/86
6/86
9/83
6/86
11/89
9/83
9/83
9/84
7/87
6/86
7/87
6/86
6/86
9/83
9/83
9/83
6/86
9/84
3/89
6/86
2/90
7/87
6/86
6/86
9/83
6/S6
9/83
9/83
7/87
9/83
3/89
9/83
6/86
9/83
2/90
6/86
9/83
9/83
6/86
11/89
9/83
9/83'
6/86
11/89
9/83
7/87
6/86
3/89
7/87
6/86
8/90
8/90
3/89
9/8J
, 6/86
9/8J
6/86
9/83
'.0/89
?ank/
Group,
874
666
271
850
1072
638
53
469
789
831
Or 16f
812
811
974
727
176
451
115
832
233
814
153
699
909
^^^3
• 8"13
983
904
329
5C3
504
689
798
45
331
510
Cr 20F
7
313
714
1073
326
720
961
132
891
837
1024
Cr 14F
1023
127
606
723
665
122
341

-------
                                                     National Priorities List,
                                                      Final  Sites (by State)
                                                          February 1991
                                                                                                          Date
St  Site Name
                                                                              City/County
                                                                                                     Proposed or
                                                                                                                         Rank/
                                                                                                     Announce^    Final   Group,
NY
NY
NY
NY
NY
NY
NY
     Tronic Plating Co., Inc.                                                  Farmingdale
     Vestal Water Supply Well 1-1 (once listed with Well  4-2 as  one  site)       Vestal
     Vestal Water Supply Well 4-2 (once listed with Well  1-1 as  one  site)       Vestal
     Volney Municipal Landfill                                                 To-n of volney
     Warwick Landfill                                                          Warwick
     Wide Beach Development                                                    Brant
     York Oil Co.                                                              Hoira

            83 Final Sites

 OH  Allied Chemical & Ironton Coke
 OH  AIsco Anaconda
 OH  Arcanum Iron ft Metal
 OH  Big D Campground
 OH  Bowers Landfill
 OH  Buckeye Reclamation
 OH  Chem-Dyne *
 OH  Coshocton Landfill
 OH  E.H. Schilling Landfill
 OH  Feed Materials Production Center  (USOOE)
 OH  Fields Brook
 OH  Fultz Landfill
 OH  Industrial  Excess Landfill
 OH  Laskin/Poplar Oil Co.  (once  listed  as Poplar Oil Co.)
 OH  Miami  County Incinerator
 OH  Mound Plant (USDOE)
 OH  Nease Chemical
 OH  New Lyme Landfill
 OH  Old Mill  (once  listed  as Rock  Creek/Jack Webb)
 OH  Ormet'Corp.
 OH  Powell  Road Landfill
 OH  Pristine, Inc.
 OH  Reilly  Tar  & Chemical  Corp.  (Dover  Plant)
 OH  Republic  Steel  Corp. Quarry
 OH  Sanitary  Landfill Co.  (Industrial Waste Disposal Co., Inc.)
 OH  Skinner Landfill
 OH  South Point  Plant
 OH  Surnnit National
 OH  TRW,  Inc. (Minerva Plant)
 OH  United Scrap Lead Co., Inc.
 OH  Van Dale Junkyard
 OH  Wright-Patterson  Air Force Bate
OH  Zanesvillt Well Field

           33 Final Sites

OK  Compass Industrie* (Awry Drive) (once listed as Compass Industries)       Tulsa
OK  Double Eagle •.•finery CsV                                                  Ok I ahem City
OK  Fourth Street Abardm*taffnery                                           Oklahoma city
OK  Hardage/Criner (one* ltat*tf a* Criner/Hardage Waste Disposal)              Criner
OK  Mosley Road Sanitary laratffU                                              Oklahoma City
OK  Oklahoma Refininf Co.                                                      Cyril
OK  Sand Springs Petrochemical Complex                                         Sand Springs
OK  Tar Creek (Ottawa County)                                                  Ottawa County
OK  Tenth Street Ouap/Junkyard                                                 Oklahoma City
OK  Tinker Air Force iase (Soldier Creek/Building 3001)                        Oklahoma City

           10 Final Sites
10/84
12/82
12/82
10/84
 9/85
12/82
 7/82
6/86
9/83
9/83
6/86
3/89
9/83
9/83
                                                                                                        9/83
                                                                                                        6/88
                                                                                                        6/88
                                                                                                       10/81
                                                                                                        6/88
                                                                                                        6/88
                                                                                                       10/84
                                                                                                       10/81
                                                                                                        1/87
                                                                                                        4/8S
            9/84
            3/89
            3/89
            9/83
            2/90
            2/90
            6/86
            9/83
            7/87
            7/87
 317
 573
 411
 849
1022
 102
 246
Ironton
Gnadenhutten
Oarke County
Kingsville
Circleville
St. Clairsville
Hamilton
Franklin Township
Hamilton Township
Fernald
Ash tabula
Jackson Township
Union town
Jefferson Township
Troy
Miamisburg
Salem
New Lyme
Rock Creek
Hannibal
Dayton
Reading
Dover
Elyria
Dayton
West Chester
South Point
Deerfield Township
Minerva
Troy
Marietta
Dayton
Zanesville
12/82
10/84
12/82
12/82
12/82
12/82
10/81
12/82
12/82
7/89
10/81
12/82
10/84
7/82
9/83
7/89
12/82
12/82
12/82
9/8S
9/83
12/82
6/88
10/84
10/84
12/82
9/83
10/81
6/86
9/83
10/84
6/88
12/82
9/83
6/86
9/83
9/83
9/83
9/83
9/83
9/83
9/83
11/89
9/83
9/83
6/86
9/83
9/84
11/89
9/83
9/83
9/83
7/87
9/84
9/83
8/90
6/86
6/86
9/83
9/84
9/83
3/89
9/84
6/86
10/89
9/83
262
366
28
959
194
713
83
521
740
Gr 2F
320
518
186
647
70
Gr 15F
257
934
648
280
917
707
923
1002
677
987
281
156
561
56
841
Gr 2F
663
         634
         955
         964
         188
         563
         294
        1060
          58
         948
       Or  9F

-------
                                                     National  Priorities List,
                                                      Final  Sites  (by State)
                                                          February 1991
                                                                                                          Date
St
OR
OR
Oft
Oft
OR
Oft
c*
Oft
Sit* Name
Allied Plating, Inc.
Could, Inc.
4oftph Form Product*
Hirtin-HiMetta Aluminum Co.
Teledyna Uah Chang
UeatiUa Army Depot (Lagoons)
Union Pacific Railroad Co. Tie Treating Plant
United Chrome Products, Inc.
City/County
Portland
Portland
Joseph
The Dalles
Albany
Hermiston
The Dalles
Cor vail is
Proposed or
Announced.
1/87
12/82
6/88
10/84
12/82
10/84
10/89
9/83
Final
2/90
9/83
3/89
6/86
9/83
7/87
8/90
9/84
Rank/
Group,
520
872
8S6
351
125
Gr 19F
591
941
            8 Final Sites

 PA  A.I.U.  Frank/Hid-County Mustang
 PA  Aladdin Plating
 PA  Anbler  Asbestos Piles
 PA  AMP, Inc. (Glen Rock Facility)
 PA  Avco lyccmlng (Villiomsport Division)
 PA  Bally Ground Water Contamination
 PA  Sell Landfill
 PA  Bcndix  Flight Systems Division
 PA  Berkley Products Co. Dump
 PA  Berks landfill
 PA  Berks Sand Pit
 PA  Blotenski Landfill
 PA  Boarhead Farms
 PA  Brodhead Creek
 PA  Brown's Battery Breaking
 PA  Bruin Lagoon
 PA  Butler Mine Tunnel
 PA  Butz Landfill
 PA  C * 0 Recycling
 PA  Centre County Kepone
 PA  CoCTTOdor* Semiconductor Group
 PA  Craig Farm Drum
 PA  Croydon TCE
 PA  CryoChera, Inc.
 PA  Delta Quarries 4 Disposal, Inc./Stotler Landfill
 PA  Oorney Road Landfill
 PA  Oouglassville Disposal
 PA Drake Chemical
 PA Dublin TCE Site
 PA   East Mount Zion
PA  Eastern Diversified Metals
PA  Elizabethtown Landfill
PA  Fischer t Porter Co.
PA  Havertown PCP
PA  Hebalka Auto Salvage Yard
PA  Ktlava Landfill
PA  Heller town Manufacturing C».
PA  Henderson Road
PA  Hranica Landfill
PA  Hunteratown. (toad
PA   Industrial Lar*
PA  Jacks Cre*k/Sltkin SMltinf I Refining, inc.
PA  Keystor* Sanitation Landfill
PA  Kivberton Site
PA  Lackawarma Refute
PA  Larttdown* Radiation Sit*
PA  Lattarkanny Army Depot (Property Disposal Office Area)
PA  Letterkenny An*y Depot (Southeast Area)
Exton
Scott Township
Ambler
Glen Rock
Williamsport
Bally Borough
Terry Township
Bridgewater Township
Denver
Spring Township
Longswamp Township
West Cain Township
Bridgeton Township
Stroudsburg
Shoemakersvilie
Bruin Borough
Pittston
Stroudsburg
Foster Township
State College Boro
Lower Providence Twp
Parker
Croydon
Worman
Ant is/Logan Twps
Upper Macungie Twp
Oouglassville
Lock Haven
Dublin Borough
Springettsbury Twp
Hometown
Elizabethtoun
Warminster
Haverford
Weisenberg Township
North Whitehall Twp
Hellertown
Upper Marion Twp
Buffalo Township
Straban Township
UilliaM Township
Maitland
Union Township
Kimbarton Borough
Old  Forge Borough
Lansdowna
Franklin County
Chanbersburg
6/88
1/87
10/84
6/88
1/87
6/86
6/88
9/85
6/88
6/88
9/83
12/82
6/88
12/82
10/84
10/81
6/86
6/88
9/85
12/82
1/87
12/82
9/85
6/86
6/86
9/83
12/82
7/82
10/89
9/83
6/86
6/88
12/82
12/82
6/86
12/82
1/87
9/83
10/81
10/84
9/83
6/88
4/85
12/82
12/82
4/85
4/85
10/84
10/89
7/87
6/86
10/89
2/90
7/87
10/89
7/87
3/89
10/89
9/84
9/83
3/89
9/83
6/86
9/83
7/87
3/89
7/87
9/83
10/89
9/83
6/86
10/89
3/89
9/84
9/83
9/83
8/90
9/84
10/89
3/89
9/83
9/83
7/87
9/83
3/89
9/84
9/83
6/86
9/84
10/89
7/87
9/83
i 9/83
9/85
3/89
7/87
395
668
743
525
413
576
722
799
998
290
883
969
500
939
605^
1
^^

346
318
398
1066
918
1069
459
289
110
538
1047
463
944
1035
1034
544
892
199
170
450
167
237
390
481
795
1019
633
1071
Gr 13F
Gr 16F

-------
National Priorities List,
 Final Sites (by state)
     February 1991
                                                       Date
St Site Name
PA Lindane Dump
PA Lord-Shope Landfill
PA Malvern TCE
PA McAdoo Associates *
PA Metal Banks
PA Middletoun Air Field
PA Mill Creek Dump
PA Modern Sanitation Landfill
PA Moyers Landfill
PA MU Manufacturing (once listed as Domino Salvage Yard)
PA Naval Air Development Center (8 Waste Areas)
PA North Perm • Area 1 (once listed as Gentle Cleaners, Inc. /Granite
Knitting Mills, Inc.)
PA North Perm • Area 12 (once listed as Transicoil, Inc.)
PA North Perm - Area 2 (once listed as Ametelc, Inc. (Hunter Spring
Division))
PA North Perm • Area 5 (once listed as American Electronics Laboratories)
PA North Perm • Area 6 (once listed as J.U. Rex Co. /Allied Paint
Manufacturing Co., Inc. /Keystone Hydraulics)
PA North Perm - Area 7 (once listed as Spra-Fin, Inc.)
PA Novak Sanitary Landfill
PA Occidental Chemical Corp. /Firestone Tire & Rubber Co.
PA Ohio River Park
PA Old City of York Landfill
PA Osborne Landfill
PA Palmerton Zinc Pile
PA Paoli Rail Yard
PA Publicker Industries Inc.
PA Raymark
PA Rect icon/Allied Steel Corp.
PA Resin Disposal
PA Revere Chemical Co.
PA River Road Landfill (Waste Management, Inc.)
PA Route 940 Drum Dump (once listed as Pocono Summit)
PA Saegertown Industrial Area
PA Sal ford Quarry
PA Sh river's Corner
PA Stanley Kessler
PA Strasburg Landfill
PA Taylor Borough Dump
PA Tobyhanna Army Depot
PA Tonolli Corp.
PA Tysons Dump
PA Walsh Landfill
PA Uestinghoust Electric Corp. (Sharon Plant)
PA westinghousa Elevator Co. Plant
PA Westlin* Sit*
PA Whitmoyer Laboratories}
PA William Oick Lagoons
PA York County Solid Vmtf m* lafuse Authority Landfill
95 Final Sitw
PR Barcelooeta Landfill
PR Fiber* Public Supply Walls
PR Frontara Creak
PR GE Wiring Device*
PR Juncos Landfill
PR Naval Security Group Activity
City/County
Harrison Township
Girard Township
Malvern
McAdoo Borough
Philadelphia
Middletown
Erie
Lower Windsor Twp
Eagleville
Valley Township
War-minster Township
S coder ton

Worcester
Hatfield

Montgomery Township
Lansdale

North Wales
South Whitehall Twp
Lower Pottsgrove Twp
Neville Island
Seven Valleys
Grove City
Palmerton
Paol i
Philadephia
Hatboro
East Coventry Twp
Jefferson Borough
Nockamixon Township
Hermitage
Pocono Summit
Saegertown
Sal ford Township
Straban Township
King of Prussia
Newlin Township
Taylor Borough
Tobyhanna
Nesquahoning
Upper Her ion Twp
Honeybrook Township
Sharon
Gettysburg
Wast Una
Jackson Township
Wast Cain Township
Hope we 1 1 Township

Florida Afuara
Jobos
Rio Abajo
Juana Diaz
Juncos
Sabana Seca
Proposed or
Announced 1
10/81
10/81
12/82
10/81
12/82
10/84
9/83
10/84
12/82
10/84
6/86
1/87

1/87
1/87

1/87
1/87

1/87
1/87
6/88
10/89
12/82
7/82
12/82
1/87
5/89
6/88
6/88
12/82
9/85
1/87
9/85
6/88
1/87
10/84
12/82
6/88
9/83
7/89
6/88
9/83
9/83
6/88
10/84
12/82
10/84
1/87
4/85

12/82
9/83
12/82 '
12/82
12/82
6/88 ;
Final
9/83
9/83
9/83
9/83
9/83
6/86
9/84
6/86
9/83
6/86
10/89
3/89

2/90
10/89

3/89
3/89

3/89
10/89
10/89
8/90
9/83
9/83
9/83
8/90
10/89
10/89
10/89
9/83
•7/87
10/89
7/87
2/90
8/90
6/86
9/83
3/89
9/84
8/90
10/89'
9/84
9/84
8/90
6/86
9/83
6/86
7/87
7/87

9/83
9/84
9/83
9/83
9/83
10/89
Rank/
Group2
177
532
>7n
C( w
26
835
656
211 '
b I 1
776
602
375
Gr 2-
669

1046
672

673
671

670
405
299
414
775
115
36S
869
44
1ji
879
598
925
363
342
816
78
288
779
963
950
Gr 12F
273
25
808
454
641
911
283 .
631
337

456
703
364
931
857
Gr 1SF

-------
                                                     National Priorities List,
                                                      Final Sites (by State)
                                                          February 1991
                                                                                                           Date
St
PR
PR
PR
Site Ham*
RCA Del Carib*
Upjohn Facility
Vega Alts Public Supply Welts
City/County
Barcelon«ta
Barcclonata
Vega Alts
Proposed or
Announced.
12/82
9/83
9/83
.Final
9/83
9/84
9/84
Rank/
936
446
412
             9 Final  Sites

 9.1  Central Landfill
 Rt  Oavis (GSR)  Landfill
 RI  Oavis Liquid Uastt
 RI  Oavisville Maval Construction Battalion Center
 Rl  Landfill t, Resource Recovery, Inc. (LSRR)
 RI  Newport Naval Education & Training Center
 Rl  Peterson/Puritan,  Inc.
 RI  Picillo Farm •
 RI  Rose Hill  Regional  Landfill
 Rl  Stamina Hills, Inc. (once listed as Forestdale-stamina Mills,  Inc.)
 RI  Western Sand t Gravel

            11  Final  Sites

 SC  Beaunit  Corp.  (Circular Knit & Dyeing Plant)
 SC  Carolawn,  Inc.
 SC  Elmore Waste Disposal
 SC  Geiger  (C  t  M Oil)
 SC  Golden Strip Septic Tank Service
 SC  Helena Chemical  Co. Landfill
 SC  Independent  Hail Co.
 SC  ttalama Specialty Chemicals
 SC  Koppers  Co.,  Inc. (Florence Plant)
 SC  Leonard  Chemical Co., Inc.
 SC  Lexington  County Landfill Area
 SC  Medley Farm  Drum Dump
 SC  Palmetto Recycling, Inc.
 SC  Palmetto Wood Preserving
 SC  Para-Chen  Southern, Inc.
 SC  Rochester  Property
 SC  Rock Hill  Chemical Co.
 SC  Sangano Ueston,  Inc./Twelve-Mile Creek/Lake Hartuell PCS
      Contamination
 SC  Savannah River Sit* (USOOE)
 SC   SCRDI Bluff Road *
 SC   SCRDt Dixiana
 SC  Townsend Saw Chain Co.
 SC  Wamcheia, Inc.

           23 Final SftM
SO  Ellsworth Air Fore*
SO  vhiteuood Crwk *
SO  UilliaM Pip* Lin* C*. Disposal Pit

            3 Final SitM

TH  American Cr*c*ot* Works, Inc. (Jackson Plant)
      (one* listed as Amricsn Craoaots Works)
TH  Axnicola Ouap
TH  Arlington Handing t Packaging
TH  Carrier Air Conditioning Co.
TH  Gallauay Pits
Johnston
Glocester
Smithfield
North Kingstown
North Smithfield
Newport
L i ncoIn/CumberIand
Coventry
South Kingstown
North Smithfield
Burrillville
.Fountain Inn
Fort Lawn
Greer
Rantoules
Simpsonvilie
Fairfax
Beaufort
Beaufort
Florence
Rock Hill
Cayce
Gaffney
Columbia
Dixiana
Simpsonvilie
Travelers Rest
Rock Hill
Pickens

Aiken
Columbia
Cayce
Pontiac
Burton
Rapid City
wnitawood
Sioux Falls
Jackson

Chattanooga
Arlington
CoUiervill*
Gal Iaway
10/84
 4/85
10/81
 7/89
12/82
 7/89
12/82
10/81
 6/88
12/82
10/81
 6/88
12/82
 6/88
 9/83
 1/87
 6/88
 9/83
 9/83
 9/83
 9/83
 6/88
 6/86
 1/87
 9/83
10/89
 6/86
 6/88
 1/87

 7/89
10/81
 7/82
 6/88
 9/83
 10/89       8/90   Gr 17F
 10/81       9/83      21
 10/89       8/90     429
6/86
6/86
9/83
11/89
9/83
11/89
9/83
9/83
10/89
9/83
9/83
2/90
9/83
3/89
9/84
7/37
2/90
9/84
9/84
9/84
9/34
10/89
3/89
7/87
9/84
8/90
10/89
2/90
2/90
11/89
9/83
9/83
2/90
9/84
269
531
253
Gr 15F
206
Gr 13F
492
80
556
765
181
361
881
92C
863*1
•31
73™


rtrf
261
582
919
1017
541
846
628
488
601
Gr 5F
84
472
649
248
 10/84
6/86
 12/82   '    9/83
  1/87       7/87
  6/88  '     2/90
 12/82  ,:     9/83
709

465
527
221
958

-------
                                                    National Priorities List,
                                                     Final Sites (by State)
                                                         February 1991
                                                                                                           Date
st
TN
TN
TN
TN
TN
TN
TN
TN
TN

TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
fcTX
1*
"TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX
TX

UT
UT
UT
UT
UT
UT
UT
UT
UT
UT
UT
Site Name
Leuisburg Dump
Ha I lory Capacitor Co.
Milan Army Annum t ion Plant
Hurray-Ohio Dump
Murray-Ohio Manufacturing Co. (Horseshoe Bend Dump)
North Hollywood Dump *
Oak Ridge Reservation (USDOE)
velsicol Chemical Corp. (Hardeman County)
Wrigley Charcoal Plant
14 Final Sites
Air Force Plant *4 (General Dynamics)
Bailey Waste Disposal
Bio-Ecology System, Inc.
Brio Refining, Inc.
Crystal Chemical Co.
Crystal City Airport
Dixie Oil Processors, Inc.
French, Ltd.
Geneva Industries/Fuhrmann Energy
Highlands Acid Pit
Koppers Co., Inc. (Texarkana Plant)
Lone Star Army Ammunition Plant
Longhorn Army Ammunition Plant
Motco, inc. *
North Cavalcade Street
Odessa Chromium #1
Odessa Chromium #2 (Andrews Highway)
Posses Chemical Co.
Petro-Chemical Systems, Inc. (Turtle Bayou)
Sheridan Disposal Services
Sikes Disposal Pits
Sol Lynn/Industrial Transformers
South Cavalcade Street
Stewco, Inc.
Tex- Tin Corp.
Texarkana Wood Preserving Co.
Triangle Chemical Co.
United Creosoting Co.
28 Final Sites
Hill Air Force Base
Midvale Slag
Honticello Mill Tailing* (IflOCt)
Montieello Radioactivity Contaminated Properties
Ogden Defense Depot
Portland Ceaent (Kftejgitt 1*3)
Rose Park Sludge *ft *P
Sharon Steel Corp. OtMtaU Tailings) (once listed as Sharon Steel
Corp. (Midvale taelter))
Tooele Arwy Depot (North Are*)
Utah Power i Light/Aawrican iarrel Co.
Uasatch Cheaical Co. (Lot 6)
City/County
Leuisburg
Waynesboro
Milan
Laurenceburg
Laurenceburg
Memphis
Oak Ridge
Toone
Wrigley

Fort Worth
Bridge City
Grand Prairie
Friendsuood
Houston
Crystal City
Friends wood
Crosby
Houston
Highlands
Texarkana
Texarkana
Karnack
La Marque
Houston
Odessa
Odessa
Fort' Worth
Liberty County
Hempstead
Crosby
Houston
Houston
Waskom
Texas City
Texarkana
Bridge City
Conroe

Ogden
Midvale
Montieello
Montieello
Ogden
Salt Lake City
Salt Lake City
Midvale
Tooele
Salt Lake City
Salt Lake City
Proposed or
Announced.
12/82
1/87
10/84
12/82
6/88
10/81
7/89
12/82
6/88

10/84
10/84
10/81
10/84
7/82
10/84
6/88
10/81
9/83
7/82
10/84
10/84
7/89
10/81
10/84
10/84
10/84
10/84
10/84
6/86
10/81
10/84
10/84
10/84
6/88
4/85
12/82
9/83

10/84
6/86
7/89
10/84
10/84
10/84
10/81
10/86
10/84
5/89
1/87
Final
9/83
10/89
7/87
9/83
8/90
9/83
11/89
9/83
3/89

8/90
6/86
9/83
3/89
9/83
6/86
10/89
9/83
9/84
9/83
6/86
7/87
8/90
9/83
6/86
6/86
6/86
6/86
6/86
3/89
9/81
3/89
6/86
6/86
8/90
6/86
9/83
9/84

7/87
2/91
11/89
6/86
7/87
6/86
9/83
8/90
8/90
10/89
2/91
i
Rank/
Group,
828
1020
GP 2F
277
951
95
Gr 4F
245
646

Gr 10F
139
715
195
34
867
755
22
37
597
927
Gr 19f,
Gr 11,-
27
617
425
426
1061
1000
992
30
511
535
226
. 543
489
1064
6C8

Gr 5F
394
Gr 13F
716
Gr 7F
120
99
448
Gr 3F
587
205
           11 Final Site*
VA  Abex Corp.
                                                                                Portsmouth
                                                                                                          6/88
8/90
                                                                                                                              637

-------
Motional Priorities List,
 Final Sites (by State)
     February 1991
                                                       Date
st
VA
VA
VA
VA

VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA

VT
VT
VT
vr
VI
VT
VT
VT

VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
VA
UA
VA
UA
UA
VA
UA
UA
UA
UA
UA
UA
UA
UA
Sit* Name
Arrowhead Anociates/Scovill Corp.
Atlantic Uood Industries, Inc.
Avttx Fiber*, Inc.
locking*)** County Landfill (once listed as Love's Container
Service Landfill)
C I R Battery Co., Inc.
Chisman Creek
culpeper Wood preservers, Inc.
Defense General Supply Center
Dixie Caverns County Landfill
First Piedflont Corp. Rock Quarry (Route 719) (once listed as First
Piedmont Corp. Rock Quarry)
Greenwood Chemical Co.
H t H Inc., Sum Pit
L.A. Clarke t Son
Rentokil, Inc. (Virginia Uood Preserving Division)
fthtnehart Tire Fire Dump
Saltvlll* Uaste Disposal Ponds
Saunders Supply Co.
Suffolk City Landfill
U.S. Titanium
20 Final Sites
tennington Municipal Sanitary Landfill "
8FI Sanitary Landf ill(Rockingham)
Burgess Brothers Landfill
Darling Hill Durap
Old Springfield Landfill
Parker Sanitary Landfill
Pine Street Canal •
T»n si tor Electronics, Inc.
8 Final Sites
ALCOA (Vancouver Smelter*
Awwrican Crossarm I Conduit Co.
American Lak* Gardens
langor Naval Submarine Base
Bangor Ordnance Disposal
Bonneville Power Administration Ross Complex (USDOE)
Centra Ha Municipal Landfill
Colbert Landfill
Commencement Bay, Hear Short/Tide Flats
Cofm»ence*ent fay. South TacoM Channel
Fairchlld Air Fore* MM (4 Wast* Areas)
FHC Corp. (YafciM Pit)
Fort Lewi* (Landfill Maw 5>
Fort Lewi* Logistics Cattar
Frontier Hard Chroaa, Im.
General Electric Co. (Spafcam Shop)
Gretnacres Landfill
Hanford 100-Area (UWM)
Nanford 1100-Area (UJOOi)
Hanford 200-Are* (USOOE)
Hanford 300-Area (US006)
Harbor Island (Lead)
Hidden Valley Landfill (Thun Field)
Kaiser Aluminum Mead Works
City/County
Montross
Portsmouth
Front Royal
Buckingham

Chesterfield County
York County
Culpeper
Chesterfield County
Salem
Pittsylvania County
Newtown
Farrington
Spotsylvania County
Richmond
Frederick County
Saltville
Chuckatuck
Suffolk
Piney River

Bennington
Rockingham
Woodford
Lyndon
Springfield
Lyndon
Burlington
Bennington

Vancouver
Chehalis
Tacoma
Silverdale
Bremerton
Vancouver
Central i a
Colbert
Pierce County
Tacoma
Spokane County
Yakima
TacoMa
TillicuR
Vancouver
Spokane
Spokane County
Benton County
lenton County
Benton County
Benton County
Seattle
Pierce County
Mead
Proposed or
Announced .j
6/88
6/86
10/84
4/85

1/87
10/81
10/84
10/84
1/87
4/85
1/87
1/87
10/84
1/87
10/84
12/82
1/87
6/88
12/82

6/88
6/88 ,
6/88
6/88
12/82
6/88
10/81
6/88

6/88
6/88
9/83
7/89
10/84
7/89
6/88
12/82
10/81
10/81
6/88
12/82
10/84
7/89
12/82
6/88
9/83
6/88
6/88
6/88
6/88
12/82
6/86
12/82
Final
2/90
2/90
6/86
10/89

7/87
9/83
10/89
7/87
10/89
7/87
. 7/87
3/89
6/86
3/89
6/86
9/83
10/89
2/90
9/83

3/89
10/89'
3/89
10/89
9/83
2/90
9/83
10/89

2/90
10/89
9/84
8/90
7/87
11/89
8/90
9/83
9/83
9/83
3/89
9/83
7/87
11/89
9/83
10/89
9/84
10/89
10/89
10/89
' 10/89
9/83
3/89
,; 9/83
Rank/
Group,
615
616
695
471

276
256
30C
Cr 16F
7C5
988
144
804
746
978
970
1015
621
653
724

•

154
89
654

72
976
1057
Cr 3F
Gr 20F •
Or 3F
642
452
438
118
Gr 18F
533
Gr 16F
Gr 14F
62
71
1058
Gr 6F
Gr 13F
Gr 1F
Gr 1F
738
592
562
^am

-------
National Priorities List,
 Final Sites (by State)
     February 1991
                                                       Date
st
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA
UA

UI
UI
UI
UI

;

UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
UI
Site Name
Lakewood Site
McChord Air Force Base (Wash Rack/Treatment Area)
Mica Landfill
Midway Landfill
Naval Air Station, Whidbay Island (Ault Field)
Naval Air Station, Whidbey Island (Seaplane Base)
Naval Undersea warfare Engineering Station (4 Waste Areas)
North Market Street (once listed as Tosco Corp. (Spokane Terminal))
Northside Landfill
Northwest Transformer
Northwest Transformer (South Harkness Street)
Old Inland Pit
Pacific Car I Foundry Co.
Pasco Sanitary Landfill
Pesticide Lab (Yakima)
Queen City Farms
Seattle Municipal Landfill (Kent Highlands)
Silver Mountain Mine
Uestern Processing Co., Inc.
Uyckoff Co. /Eagle Harbor
Yakima Plating Co.
45 Final Sites
Atgoma Municipal Landfill
Better Brite Plating Co. Chrome & Zinc Shops
City Disposal Corp. Landfill
Delavan Municipal Uell #4
Eau Claire Municipal Uell Field
Fadrowski Drum Disposal
Hagen Farm
Hechimovich Sanitary Landfill
Hunts Disposal Landfill
Janesville Ash Beds
Janesville Old Landfill
Kohler Co. Landfill
Lauer I Sanitary Landfill
Lemberger Landfill, Inc. (once listed as Lemberger Fly Ash Landfill)
Lemberger Transport I Recycling
Madison Metropolitan Sewerage District Lagoons
Master Disposal Service Landfill
Mid-State Disposal, Inc. Landfill
Moss-Amrican(Kerr-McG*t Oil Co.)
Muskego Sanitary Landfill
N.u. Mauthe Co., Inc. •
National Presto Industries, Inc.
Northern Engraving C*.
Ocononowoc ElectropUttaB Co. Ine
Omega Hills North Lantftttl
Onalaska Municipal lanaVfll
Sauk County Landfill
Schnslz Quip
Scrap Processing Co.. Inc.
Sheboygan Harbor i River
Spickler Landfill
Stoughton City Landfill
TOM!) Aneory
Tomah Fairgrounds
Tomah Municipal Sanitary Landfill
City/County
Lakewood
Tacoma
Mica
Kent
Whidbey Island
Whidbey Island
Keyport
Spokane
Spokane
Everson
Everson
Spokane
Renton
. Pasco
Yakima
Haple Valley
Kent
Loomi s
Kent
Bainbridge Island
' Yakima

Atgoma
DePere
Dunn
Del a van
Eau Claire
Franklin
Stoughton
Uilliamstown
Caledonia
Janesville
Janesville
Kohler
Menomonee Falls
Whitclaw
Franklin Township
Blooming Grove
Brookfield
Cleveland Township
Mi Iwaukee
Muskego
Applet on
Eau Claire
Sparta
Ashippin
Genmntown
Onalaska
Excslsior
Harrison
Medford
Sheboygan
Spencer
Stoughton
Tomah
Tomah ^
Tomah
Proposed or
Announced^
12/82
10/84
10/84
10/84
9/85
9/85
6/86
6/88
10/84
10/84
6/88
6/86
6/88
6/88
12/82
9/83
6/88
10/84
7/82
9/85
6/88

6/86
10/89
9/83
9/83
9/83
10/84
9/85
6/88
6/86
9/83
9/83
9/83
9/83
9/85
9/83
6/88
9/83
9/83
9/83
9/83
6/88
10/84
9/83
9/83
9/83
9/83
6/88
9/83
9/83
9/85
1/87
10/84 '
1/87
1/87
6/86 >:
Final
9/83
7/87
6/86
6/86
2/90
2/90
10/89
8/90
6/86
6/86
2/90
2/90
2/90
2/90
9/83
9/84
8/90
6/86
9/83
7/87
3/89

7/87
8/90
9/84
9/84
9/84
6/86
7/87
3/89
7/87
9/84
9/84
9/84
9/84
6/86
9/84
2/90
9/84
9/84
9/84
9/84
3/89
6/86
9/84
9/84
9/84
9/84
10/89
9/84
9/84
6/86
7/87
6/86
7/87
7/87
3/89
Rank/
Group2 .
389
Gr 9F
734
126
Gr 5F
Gr 11F
Gr 17F
855
1059-
728
971
1025
402
334
1026
• 744
158
999
49
860
593

456
223
622
1048
678
940
880
239
946
66
63
370
' 381
766
739
. 854
250
70S
870
173
94
396
534
906
50
393
753
220
747
791
338
651
966
851
304

-------
                                            National  Priorities  List,
                                             Final  Sites (by State)
                                                 February 1991
                                                                                                  Date
St
WI
Ul
Ul
UI

UV
UV
UV
UV
UV

UY
UY
UY
Site Name
Waste Management of Wisconsin, Inc. (Brookfield Sanitary Landfill)
Waste Research t Reclamation Co.
Wiustu Ground Water Contamination
Wheeler Pit
39 Final Sites
Fike Chemical, Inc.
FolUnsbee Site
Leetown Pesticide
Ordnance Works Disposal Areas
West Virginia Ordnance •
5 Final Sites
Baxter/Union Pacific Tie Treating
F.E. Warren Air Force iase
Mystery Bridge Rd/U.S. Highway 20
City/County
Brookfield
Eau Claire
Wausau
La Prairie Township

Nitro
Follansbee
Leetoun
Morgantoun
Point Pleasant

Laramie
Cheyenne
E vans vi lie
Proposed or
Announced.
6/88
9/83
4/85
9/83

12/82
12/82
12/82
10/84
10/81

12/82
7/89
6/88
Final
8/90
9/84
6/86
9/84

9/83
9/83
9/83
6/86
9/83

9/83
2/90
8/90
Rank/
Group.
1049
871
1040
76

644
794
627
661
90

611
Or 11f
875
   3 Final Sites
1189 Total Final Sites

-------
United States
Environmental Protection
Agency

For further information, call the
Superfund Hotline, toll-free at
1-800-424-9346 or 703-920-9810
in Washington, DC, metropolitan
area, or the U. S.  EPA
Superfund Offices
listed below
For publications, contact
Public Information Center,
PM-2113
401 M  Street SW.
Washington DC 20460
CML: (202) 382-2080
FTS: 382-2080
Office of Emergency and Remedial
Response, OS-230
401 M Street, SW
Washington, DC 20460
CML: (202)475-8103
FTS: 475-8103

Region 1
Superfund Branch, HSL-CAN 2
John F. Kennedy Building
Boston, MA 02203
CML: (617) 573-9610
FTS: 833-1610
Region 2
Emergency & Remedial Response
  Division
26 Federal Plaza
New York. NY 10278
CML: (212) 264-8672
FTS: 264-8672
Region 3
Site Assessment Section. 3HW13
841 Chestnut Building.
Philadelphia, PA 19107
CML: (215)597-3437
FTS: 597-3437
Region 4
Waste Management Division
345 Courtland Street, NE
Atlanta, GA 30365
CML: (404) 347-3454
FTS: 257-3454
Remedial Response Branch,
5HS-11
230 South Dearborn Street,
12th Floor
Chicago, IL 60604
CML: (312) 886-5877
FTS: 886-5877

Region 8
Superfund Management Branch
  Division. 6H-M
1445 Ross Avenue
Dallas. TX 75202-2733
CML: (214) 655-6740
FTS: 255-6740
Region 7
Superfund Branch
726 Minnesota Avenue
Kansas City. KS66101
CML: (913) 551-7052
FTS: 276-7052
Region 8
Superfund Remedial Branch. 8HV M-SR
999 18th Street, Suite 500
Denver, CO 80202-2405
CML: (303) 294-7630
FTS: 330-7630
Region 9
Waste Management Division. H-'
75 Hawthorne Street
San Francisco. CA 94105
CML: (415)744-1730
FTS: 484-1730

Region 10
Superfund Branch. HW-113
1200 6th Avenue
Seattle. WA 98101
CML: (206) 442-1987
FTS: 399-1987

-------

-------
  LISTING MUNICIPAL LANDFILLS
ON THE NATIONAL PRIORITIES LIST

-------

-------
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

                       WASHINGTON. D.C. 20460
                              21 |987
MEMORANDUM
    SOLID WASTE AND EMERGENCY RESPONSE


OSWER Directive 9320.1-09
SUBJECT:  Listing Municipal Landfills on the N

FROM:     Henry L. Longest II, Director
          Office of Emergency and Remedial

TO:       Director, Waste Management Division
          Regions I, IV, V, VII, and VIII
          Director, Emergency and Remedial Response Division
          Reg'ion II
          Director, Hazardous Waste Management Division
          Region III and VI
          Director, Toxics and Waste Management Division
          Region IX
          Director, Hazardous Waste Division
          Region X
     This memo is a followup to my October 24, 1986, memo  (see
attached) regarding listing municipal landfills on the National
Priorities List (NPL).  In that memo, I deferred listing
municipal landfills on Update 16 that did not have a clear
record of accepting hazardous waste.  I believe it is important
to understand the intent of that memo and clarify procedures
for submission of municipal landfills in the next proposed update.

     At the time I issued the October 1986 memo, it appeared
that municipal landfills were being submitted by the Regions in
increasing numbers.  I wanted to ensure that these municipal
landfill sites were appropriate for Superfund remedial action*
Therefore, as a management tool, I required a clear record of
hazardous waste disposal for sites to be considered eligible
for the Update #6 proposed rulemaking.

     As you are aware, at the time I issued the October 1986 memo,
the Agency had recently promulgated the RCRA Subtitle C deferred
NPL listing policy (51 FR 21054).  The Office of Solid Waste
(OSW) will soon propose revisions to the Subtitle D Criteria
for Classification of Solid Waste Disposal Facilities and
Practices set forth in 40 CFR Part 258.  This rule will propose
specific requirements for new and existing municipal solid

-------
waste landfills, including ground water monitoring and corrective ^^
action for th«»« facilities.  Municipal solid waste landfills thatlB
close prior to the effective date of the rule are proposed to
be excluded from the rule.  I viewed the RCRA Subtitle D
authority for municipal landfills as a possible corollary to
the RCRA Subtitle C deferred NPL listing policy.

     It was our experience with Update 16 that the Regions
had difficulty documenting hazardous waste disposal at several
landfills even though there may have been an indication that
hazardous-substances were being released from the landfill.
It was not my intention in the October 1986 memo to defer from
placement on the NPL a serious environmental threat* e.g., a
municipal landfill with a documented release of hazardous
waste or indication of the presence of hazardous waste.  Rather
my intention was t» ensure that the Superfund program concentrate
on those sites that cannot-be addressed, sufficiently through
another authority.

     I continue" to believe it is important to ensure that the
Superfund program focuses on the cleanup of hazardous waste
sites that cannot be addressed sufficiently by another authority.
At the same time, however, I will not place restrictions that
impede the listing of serious public health or environmental
threats.  Therefore, you may submit municipal landfills that
score above 28.50 for listing on the NPL without a record of .
hazardous waste disposal.  I request, however, that you'submit
a cover letter with each municipal landfill HRS package.  This
letter should discuss the site's history to indicate the types
of materials disposed at the site, any monitoring data indicating
a release from the site, and an assessment of the environmental
and public health risks at the site based on information contained
in the preliminary assessment, site inspection, and.HRS package.
I believe this approach will help us make better environmental
management decisions at municipal landfill sites.

     We will closely follow the Subtitle 0 rule and will develop
an appropriate policy for municipal landfills prior to scoring
sites under the revised HRS.

-------
            UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C. 20460
                          OCT 24
 MEMORANDUM
                                             OSWER Directive 9320.1-08

                                                         OFFICE OF
                                                SOLID WASTE AND EMERGENCY RESPONSE
Listing Municipal Landfills on the
 SUBJECT

 FROM:      Henry L.  Long'est II,  Director
           Office of Emergency and Remedial

 TOs        Director,  Emergency and Remedial  Response  Division
           Region II
           Director,  Hazardous Waste Management Division
           Region III
           Director,  Waste Management Division
        ,   Region IV and  V
           Director,  Toxics and Waste Management Division
           Region IX

        The purpose  of  this memo is to outline the  Agency's
position regarding  listing municipal landfills on  the National
Priorities List (NPL).   Municipal landfills,  and private  landfills
that accepted municipal  waste,  are being submitted by the Regions
for addition to the NPL  in increasing numbers.  As a result,  the
Agency  needs to evaluate whether municipal  landfills that do  not
have a  clear record of accepting hazardous  waste should be  included
on the  NPL.  The current position,  therefore,  is that municipal
landfills  that  have a  record  of hazardous waste disposal  will be
included in the next proposed update to the NPL scheduled for
November.  Those sites that have passed quality assurance review,
but for which no record  of hazardous waste  disposal  exists, will
not be  included in  the next update,  but rather will  be set  aside
while the Agency develops a policy for listing these sites.
Since NPL updates occur  more  frequently than in the  past, we
believe that temporarily setting aside sites that  raise unresolved
policy  issues will  allow the  proposal to move ahead  while not
holding up sites for too long.

        The specific sites in  your Region that have been dropped
from consideration  for Update #6 are listed in the attachment.
If additional information regarding hazardous waste  disposal
at these sites  can  be obtained,  please send it to  Mr. Harold  J.
Snyder, Chief,  Discovery and  Investigation  Branch  (WH-548E).

        We believe that this issue is very important  and are
interested in the Regional perspective.  Consequently, if you
have any comment* or questions regarding this issue, please forward
them to my office.
Attachment

-------
Attachment to OSWER Directive 9320.1-08  (October 24, 1986)



 MUNICIPAL LANDFILLS WITHOUT A RECORD OF HAZARDOUS  WASTE DISPOSAL

         DEFERRED FROM NATIONAL PRIORITIES LIST UPDATE  #6



Region II:              ^

     Horstmann's Dump, East Hanover, NJ
     Islip Sanitary Landfill, Islip, NY

Region III

     Novak Sanitary Landfill, Lehigh County, Pa.
     Bush Valley Landfill, Abingdon, Md.


Region IV                             ,

     Wingate Road Incinerator Dump, Ft.  Lauderdale, Fla.

Region V

     Yeoman Creek Landfill, Waukegan, 111.
     Himco Dump, Elkhardt, Ind.
     DuPage City Landfill/Blackwell Forest, Warrenville,  111;

Region IX
     Fresno Sanitary  Landfill,  Fresno,  Ca.

-------
USTS, GRAEHECS,  AND DATA SUM1ARIES
                 15

-------
                           FEDERAL REGISTER NOTICES
                         Cate/Citation/Number of Sites
October 23, 1981
115  ("Interim Priorities List" )

JUly 23, 19B2
45  ("Expanded Eligibility List")
         30, 1982, 47 FR 58476
 418  (proposal of first NFL,
 including 153 of 160 sites announced
 previously)

 Much 4, 1983, 48 FR 9311
 1  (proposal of Times Beach,  Missouri-)

 Ssptaaber 8, 1983, 48 FR 40658
 406  (promulgation of first NPL;
 7  sites remain proposed)

 September 8, 1983, 48 FR 40674
 133  (proposal of Update #1)

 Kay  8, 1984, 49 FR 19480
 4  (promulgation of 4 San Gabriel
 Valley site* in California,  part of
 Update #1)

 September 21, 1984, 49 FR 37070
 128  (pronulgation of 123 Update 11
 sites and 5 from original proposal;
 4  sites remain proposed)

 October 15, 1984, 49 FR 40320
 244, including 36 Federal facility sites
 (proposal of Update #2)

 February 14, 1985, 50 FR 6320
 2  (promulgation of Glen Ridge and
 Mcntclair/Hest Orange Radium Sites in
 New Jersey, part of Update #2)
      10, 1985, 50 FR 14115
 32,  including 6 Federal
 facility sites
 (proposal of Update #3)

 S«pt«wb*r 1«, 19*5, SO FR 37630
 1  (pronulgation of Lansdoune
 Radiation Site in Pennsylvania,
 part of Update #3)
          1*, 1945, 50 FR 37950
41,  including 3 Fadaral
facility sitea
(proposal of Update #4)

JUaa 10, 1AM, 51 FR 21054
170  (pronulgation of sites
froo Updates #1-4; 185
sites remain proposad)

JUna 10, 1«M, 51 FR 21099
45,  including 2 Fadaral
Facility sites (proposal of Update »5)

JUM 10, ISM, 51 FR 21109
prcpoaad RCRA policy; recpaning
of uooiaiiL pariod for 5 sites

January 23, XM7, 52 FR 2492
64,  including l Fadaral facility
site (proposal of Update 16)

February 25, lf«7, 52 FR 5578
Availability of information
May 13, 1987,  52  FR 17991
proposed RCRA policy for
Federal facility  sites

July 22, 1987, 52 FR 27620
99 (promulgation  of sites
from Updates #2-6;  149 sites
remain proposed)

July 22, 1987, 52 FR 27643
7 (reproposal of  Federal facility
sites)

Juna 24, 1988, 53 FR 23978
43 (reproposal of RO?A sites)

Juna 24, 1988, 53 FR 23988
229, including 14 Federal facility
sites (proposal of Update #7)

ftugust 9, 1988, 53  FR 30002/30005
RCRA policy statements

March 13, 1989, 54 FR 10520
Federal facility/RCRA policy
statement
Hatch 13, 1989, 54 FR 10512
(8 Federal facility sites) and

March 31, 1989, 54 FR 13296
101  (pronulgation of sites from
Updates  #2-7, 273 sites remain
proposed)

Kay 5, 1989,  54 FR 19526
10  (proposal  of Update #8)

July  14, 1989, 54 FR 29820
52 Federal  facility sitea
 (proposal of  Update #9)

August 1C,  1989, 54 FR 33846
2  (proposal of ATSDR sites)

October  4,  19M, 54 FR 41000/41015
93  (pronulgation of sites from
Updates  # 2-8; 31 proposad
sites dropped; 213 sites
raoBun proposad)

Octobar 2«, 1989,  54 FR 43778
25,  including 2  Federal facility
sites (proposal  of Update 110)
         21, 19*9, 54 FR 48184
 29  (pronulgation of 27 Fadaral
 facility sites  from Update #9 and
 2 ATSCR sites;  expansion of l Federal
 facility site;  209 sites remain
 proposad)

 February 21, 1990, 55 FR 6154
 71  (pronulgation of sites from
 Update* #2-7, 9; 1 proposad site
 dropped; 137 sites renain proposed)
       14,  1990,  55 FR 9688
 1 (proaulgation  of united Hackathom
 CD.,  Richaond, California;  136 sites


 taaoft 1990
 106 (proBulgation of sites  frcsi
 Updates 2, 5-10; 10 uiivjaad sites
 dropped; 20 sites rsnain
                                    16

-------
National  Priorities List (by Rank)
            August 1990
NPL
Rank

1
2
3
4
5
6
7
8
9
10
. 11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
u
45
46
47
48
49
50
EPA
Reg

02
03
03
02
01
02
02
07
03
02
01
02
05
01
02
01
05
06
01
08
08
06
05
01
03
03
06
05
08
06
04
09
01
06
02
08
06
01
05
OS
02
02
04
03
02
04
02
08
10
05
St

NJ
DE
PA
NJ
HA
NJ
NY
IA
DE
NJ
HA
NJ
HI
HA
NJ
NH
HN
AR
NH
HT
SO
TX
HI
NH
PA
PA
TX
OH
HT
TX
AL
CA
HE
TX
NJ
CO .
TX
HA
MN
HN'
NJ
NJ
FL
PA
NY
FL
NJ
HT
UA
UI
Site Name
Group .1 (HRS Scores 75.60 - 58.
Lipari Landfill
Tybouts Corner Landfill *
Bruin Lagoon
Helen Kramer Landfill
Industri-Plex
Price Landfill *
Pollution Abatement Services *
LaBounty Site
Army Creek Landfill
CPS/Hadison Industries
Nyanza Chemical Waste Dump
GEHS Landfill
Berlin & Farro
Baird & HcGuire
Lone Pine Landfill
Somersworth Sanitary Landfill
FHC Corp. 
-------
National Priorities  List (by Rank)
            August 1990
NPL
Rank
Group
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
. 72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
EPA
Reg
St
Site Name
City/County
2 (HRS Scores 58.41 • 57.80, except for State top priority sites)
04
02
02
05
04
05
07
06
02
02
05
10
05
05
04
05
04
07
04
05
10
10
09
07
05
05
04
03
05
01
01
06
05
04
01
08
05
06
01
03
07
08
07
05
04
04
09
04
08
07
FL
HJ
NY
IN
FL
OH
KS
OK
NJ
NJ
HI
UA
UI
MI
SC
UI
SC
IA
FL
OH
WA
ID
AZ
IA
UI
IN
FL
PA
HI
RI
HA
LA
OH
SC
CT
CO
IL
NH
VT
UV
MO
NO
IA
UI
TN
KY
GU
HS
UT
KS
American Creosote (Pensacola Pit)
Caldwell Trucking Co.
GE Moreau
Seymour Recycling Corp. *
Peak Oi I Co. /Bay Drum Co.
United Scrap Lead Co., Inc.
Cherokee County
Tar Creek (Ottawa County)
Brick Township Landfill
Brook Industrial Park
American Anodco, Inc.
Frontier Hard Chrome, Inc.
Janesvitle Old Landfill
Northernaire Plating
Independent Nail Co.
Janesville Ash Beds
Kalama Specialty Chemicals
Lehigh Portland Cement Co.
Davie Landfill
Miami County Incinerator
ALCOA (Vancouver Smelter)
Eastern Hichaud Flats Contamin
Tucson International Airport Area
Northwestern States Portland Cem
Wheeler Pit
International Minerals (E. Plant)
Gold Coast Oil Corp.
Salford Quarry
Gratiot County Landfill *
Picillo Farm *
New Bedford Site *
Old Inger Oil Refinery *
Chem-Dyne *
SCRDI Bluff Road *
Laurel Park, Inc. *
Marshall Landfill *
Outboard Marine Corp. *
South Valley *
Pine Street Canal *
Uest Virginia Ordnance *
Ellisville Site *
Arsenic Trioxide Site *
Aidex Corp. *
N.U. Hauthe Co., Inc. *
North Hollywood Dump *
A.L. Taylor (Valley of Drums) *
Ordot Landfill *
Flowood Site *
Rose Park Sludge Pit *
Arkansas City Dump *
Pensacola
Fairf ield
South Glen Falls
Seymour
Tampa
Troy
Cherokee County
Ottawa County
Brick Township
Bound Brook
Ionia
Vancouver
Janesville
Cadillac
Beaufort
Janesville
Beaufort
Mason City
Davie
Troy
Vancouver
Pocatello
Tucson
Mason City
La Prairie Township
Terre Haute
Miami
Salford Township
St. Louis
Coventry
New Bedford
Darrow
Hamilton
Columbia
Naugatuck Borough
Boulder County
Uaukegan
Albuquerque
Burlington
Point Pleasant
Ellisville
Southeastern ND
Council Bluffs
Appleton
Memphis
Brooks
Guam
Flowood
Salt Lake City
Arkansas City
                   18

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National Priorities  List  (by Rank)
            August 1990
NPL
Rank

101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
EPA
Reg

10
09
02
09
02
08
02
05
05
05
03
05
01
10
10
02
02
09
10
03
08
01
02
02
09
10
10
02
04
05
04
02
10
02
03
04
04
05
05
06
01
05
05
09
03
02
05
04
04
01
St

UA
CA
MY
CA
NJ
CO
NJ
HN
IL
IL
PA
MN
HA
ID
ID
NY
NJ
CA
WA
PA
UT
CT
NY
NY
AZ
OR
UA
NY
At
MI
FL
NJ
10
NJ
PA
AL
FL
IL
HI
TX
NH
MI
MI
CA
VA
NJ
MN
ICY
NC
VT
Site Name
Group 3 (MRS Scores 57.80 - 52
General Electric(Spokane Shop)
Operating Industries, Inc. Lndfll
Wide Beach Development
Iron Mountain Mine
Scientific Chemical Processing
California Gulch
D'Imperio Property
Oakdale Dump
Parsons Casket Hardware Co.
A & F Material Reclaiming, Inc.
Douglassville Disposal
Koppers Coke
Plymouth Harbor/Cannon Eng. Corp.
Monsanto Chemical (Soda Springs)
Bunker Hill Mining & Metallurg
Hudson River PCBs
Universal Oil Products(Chem Div)
Aerojet General Corp.
Com Bay, South Tacoma Channel
Osborne Landfill
Portland Cement (Kiln Dust 2 & 3)
Old South ington Landfill
Syosset Landfill
Circuitron Corp.
Nineteenth Avenue Landfill
Teledyne Uah Chang
Midway Landfill
Sinclair Refinery
Mowbray Engineering Co.
Spiegelberg Landfill
Miami Drum Services
Reich Farms
Union Pacific Railroad Co.
South Brunswick Landfill
Raymark
Ciba-Geigy Corp. (Mclntosh Plant)
Kassauf-Kimerling Battery
Uauconda Sand I Gravel
Bofors Nobel, Inc.
Bailey Waste Disposal
Ottati t Goss/Kingston steel Drum
Ott/Story/Cordova Chemical Co.
Thermo-Chem, Inc.
Brown I Bryant, Inc.(Arvin Plant)
Greenwood Chemical Co.
ML Industries
St. Regis Paper Co.
Brant ley Landfill
Aberdeen Pesticide Dumps
Burgess Brothers Landfill
City/County
.58)
Spokane
Monterey Park
Brant
Redding
Carlstadt
Leadville
Hamilton Township
Oakdale
Belvidere
G recoup
Douglassville
St. Paul
Plymouth
Soda Springs
Smelterville
Hudson River
East Rutherford
Rancho Cordova
Tacoma
Grove City
Salt Lake City
South ington
Oyster Bay
East Farmingdale
Phoenix
Albany
Kent
Wellsville
Greenvi I le
Green Oak Township
Miami
Pleasant Plains
Pocatello
South Brunswick
Hatboro
Mclntosh
Tampa
Uauconda
Muskegon
Bridge City
Kingston
Da I ton Township
Muskegon
Arvin
Newtown
Pedricktown
Cass Lake
Island
Aberdeen
Woodford
          19

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National Priorities  List  (by Rank)
            August  1990
NPL
Rank

151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
163
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
EPA
Reg

02
04
04
02
01
05
05'
02
10
03
05
05
07
05
05-
04
05
03
04
03
03
04
05
05
10
05
02
03
08
02
04
01
02
04
02
02
05
09
06
05
05
02
02
05
05
06
02
OS
02
03
St

NJ
FL
GA
NY
VT
HI
OH
NY
UA
DE
HI
HN
IA
II
IN
FL
HI
PA
NC
DE
PA
FL
HI
WI
ID
IN
NY
PA
CO
NJ
FL
RI
NY
SC
NJ
NJ
OH
CA
OK
HI
HN
NY
NJ
IN
OH
• TX
NJ
HI
NJ
PA
Site Name
Group 4 (HRS Scores 52.58 - 50
Ring wood Hines/LandfiU
Uhitehouse Oil Pits
Hercules 009 Landfill
Jones Sanitation
Parker Sanitary Landfill
Velsicol Chemical Corp. (Michigan)
Summit National
Love Canal
Seattle Hun Lndfll (Kent Hghlnds)
Coker's Sanitation Service Lndfls
Rockwell International (Allegan)
Pine Bend Sanitary Landfill
Lawrence Todtz Farm
Beloit Corp.
Fisher-Calo
Pioneer Sand Co.
Springfield Township Dump
Hranica Landfill
Hartin-Harietta, Sodyeco, Inc.
E.I. Du Pont (Newport Plant Lf)
Hellertown Manufacturing Co.
Ze I I wood Ground Water Cent ami n
Packaging Corp. of America
Muskego Sanitary Landfill
Kerr-McGee ChemicaKSoda Springs)
Uhiteford Sales&Ser/Nationalease
Hooker (S Area)
Lindane Dump
Central City-Clear Creek
Ventron/Velsicol
Taylor Road Landfill
Western Sand t Gravel
Rosen Brothers Scrap Yard/Dump
(Copper* Co Inc (Florence Plant)
Haywood Chemical Co.
Nascolite Corp.
Industrial Excess Landfill
Industrial Waste Processing
Hardage/Criner
Rose Township Dump
Waste Disposal Engineering
Liberty Industrial Finishing
Kin-Buc Landfill
Waste, Inc., Landfill
Bowers Landfill
Brio Refining, Inc.
Ciba-Geigy Corp.
Butterworth #2 Landfill
American Cyanamid Co.
Heleva Landfill
City/County
.23)
Ringwood Borough
Uhitehouse
Brunswick
Hyde Park
Lyndon
St. Louis
Deerfield Township
Niagara Falls
Kent
Kent County
Allegan
Dakota County
Camanche
Rockton
LaPorte
Warrington ,
Davisburg
Buffalo Township
Charlotte
Newport
• Hellertown
Zellwood
Filer City
Huskego
Soda Springs
South Bend
Niagara Falls
Harrison Township
Idaho Springs
Wood Ridge Borough
Seffner
Burrillville
Cor t I and
Florence
Maywood/Rochelle Pk
Mil I vi lie
Uniontown
Fresno
Criner
Rose Township
Andover
Farmingdale
Edison Township
Michigan City
Circleville
Friends wood
Toms River
Grand Rapids
Bound Brook
North Whitehall Twp
             20

-------
National Priorities List  (by Rank)
            August 1990
NPL
Rank

201
• 202
203
204
205
206
207
208
209
210
211
212
213
214
215
216.
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
EPA
Reg

02
02
05
05
05
01
05
03
04
02
03
02
02
01
04
05
01
04
02
05
04
05
05
09
02
06
02
09
06
05
07
05
02
04
08
05
03
03
OS
07
07
02
01
02
04
02
04
04
02
05
St

NJ
NY
IL
MN
IL
RI
MI
PA
FL
NJ
PA
NJ
NJ
CT
FL
MI
VT
NC
NJ
UI
TN
MI
WI
CA
NJ
TX
NJ
CA
LA
IL
MO
MI
NY
NC
CO
MN
PA
MO
UI
IA
NE
NJ
MA
NJ
TN
NY
FL
SC
NJ
WI
Site Name
Group 5 (HRS Scores 50.19 - 47
Euan Property
Batavia Landfill
Woodstock Municipal Landfill
Boise Cascade/Onan/Medtronics
MIG/Dewane Landfill
Landfill & Resource Recovery
Hi -Mi 1 1 Manufacturing Co.
Butler Mine Tunnel
Northwest 58th Street Landfill
Delilah Road
Mill Creek Dump
Glen Ridge Radium Site
Hontct air/West Orange Radium Site
Precision Plating Corp.
Sixty-Second Street Dump
G&H Landfill
Bennington Municipal Sanitary Lfl
Celanese(Shelby Fiber Operations)
Meta I tec/ Aerosys terns
Schmalz Dump
Carrier Air Conditioning Co.
Motor Wheel, Inc.
Better Brite Chrome & Zinc Shops
Southern Calif Edison (Visalia)
Lang Property
Stewco, Inc.
Sharkey Landfill
Selma Treating Co.
Cleve Reber
Velsicol Chemical Corp. (Illinois)
Wheeling Disposal Service Co. Lf
Tar Lake
Johnstown City Landfill
NC State U (Lot 86, Farm Unit #1)
Lowry Landfill
MacGillis t Gibbs/Bell Lumber
Hunterstoun Road
Woodlawn County Landfill
Hechimovich Sanitary Landfill
Mid-America Tanning Co.
Lindsay Manufacturing Co.
Combe Fill North Landfill
Re-Solve, Inc.
Goose Far*
Velsicol Chen (Hardeman County)
York Oil Co.
Sapp Battery Salvage
Wamche*, Inc.
Chemical Leaman Tank Lines, Inc.
Master Disposal Service Landfill
City/County
.49)
Shamong Township
Batavia
Woodstock
Fridley
Belvidere
North Smithfield
Highland
Pittston
Hialeah
Egg Harbor Township
Erie
Glen Ridge
Monte la ir/W Orange
Vernon
Tampa
Utica
Bennington
Shelby
Franklin Borough
Harrison
Collierville
Lansing
DePere
Visalia
Pemberton Township
Waskom
Parsippany/Troy His
Selma
Sorrento
Marshall
Amazonia
Mancelona Township
Town of Johnstown
Raleigh
Arapahoe County
New Brighton
Straban Township
Woodlawn
Williamstown
Sergeant Bluff
Lindsay
Mount Olive Twp
Dartmouth
Plumstead Township
Toone
Hoira
Cottondale
Burton
Bridgeport
Brookfield
                    21

-------
national Priorities  List  (by Rank)
            August 1990
Rank

251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
Reg

07
02
01
01
02
03
05
08
02
04
04
05
05
07
01
04
05
05
01
03
02
03
03
04
03
03
04
05
OS
05
05
01
03
07
07
04
02
03
03
03
05
05
06
06
07
09
02
04
03
03
St

KS
HJ
RI
HA
HJ
VA
OH
CO
NJ
NC
SC
OH
HI
HO
CT
AL
HH
HI
R!
PA
NY
DE
PA
NC
PA
VA
TN
IN
IN
OH
OH
CT
PA
IA
MO
FL
NJ
PA
PA
PA
IN
IL
AR
OK
IA
CA
NJ
FL
PA
VA
Site Name
Group 6 (HRS Scores 47.46 - 45
Doepke Disposal (Holliday)
Florence Land Recontouring Lndfll
Davis Liquid Waste
Charles-George Reclamation Lndfll
King of Prussia
Chisman Creek
Nease Chemical
Eagle Mine
Chemical Control
Charles Hacon Lagoon & Drum Stor
Leonard Chemical Co., Inc.
Al.lied Chemical & Ironton Coke
Verona Well Field
Lee Chemical
Beacon Heights Landfill
Stauffer Chem (Cold Creek Plant)
Burlington Northern (Brainerd)
Torch Lake
Central Landfill
Halvern TCE
Facet Enterprises, Inc.
Delaware Sand & Gravel Landfill
Tonolli Corp.
National Starch & Chemical Corp.
KU Manufacturing
C & R Battery Co., Inc.
Murray-Ohio Dump
Envirochem Corp.
HIDCO I
Ormet Corp.
South Point Plant
Gallup1 s Quarry
Whitmoyer Laboratories
Peoples Natural Gas Co.
Oronogo-Duenweg Mining Belt
Coleman-Evans Wood Preserving Co.
Dayco Corp./L.E Carpenter Co.
Shriver's Corner
Dorney Road Landfill
Berks Landfill
Northside Sanitary Landfill, Inc
Interstate Pollution Control, Inc
Monroe Auto Equip (Paragould Pit)
Oklahoma Refining Co.
E.I. Du Pont (County Rd X23)
Pacific Coast Pipe Lines
Global Sanitary Landfill
Florida Steel Corp.
Occidental Chem/Firestone Tire
Culpeper Wood Preservers, Inc.
City/County
.91)
Johnson County
Florence Township
Smithfield
Tyngsborough
Wins low Township
York County
Salem
Minturn/Redcliff
Elizabeth
Cordova
Rock Hill
Ironton
Battle Creek
Liberty
Beacon Falls
Bucks
Brainerd/Baxter
Houghton County
Johnston
Malvern
Elmira
New Castle County
Nesquehoning
Salisbury
Valley Township
Chesterfield County
Lawrenceburg
Zionsville
Gary
Hannibal
South Point
Plainfield
Jackson Township
Dubuque
Jasper County
Whitehouse
Wharton Borough
Straban Township
Upper Macungie Twp
Spring Township
Zionsville
Rockford
Paragould
Cyril
West Point
Fillmore
Old Bridge Township
Indiantown
Lower Pottsgrove Twp
Culpeper
                     22

-------
National Priorities  List (by Rank)
            August 1990
NPL
Rank

301
302
303
304
305
306
307
308
309
310
311
312
313
314
315
316
317
318
319
320
321
322
323
324
325
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
EPA
Reg

05
05
05
05
09
09
02
06
04
09
09
04
02
05
02
02
02
03
04
OS
01
08
02
01
04
02
09
09
02
04
02
04
09
10
09
05
03
05
06
08
02
03
04
05
01
03
04
07
08
05
St

IL
MN
MN
UI
AZ
CA
NJ
AR
MS
CA
CA
FL
NY
IN
NJ
NJ
NY
PA
FL
OH
CT
CO
NJ
MA
ICY
NY
CA
CA
NY
FL
NY
AL
CA
WA
CA
MN
PA
UI
NM
CO
NY
PA
FL
MI
VT
PA
ICY
HO
MT
MN
Site Name
Group 7 (MRS Scores 45.91 - 43.
Page I 's Pit
University Minn Rosemount Res Cen
Freeway Sanitary Landfill
Tomah Municipal Sanitary Landfill
Litchfield Airport Area
Firestone Tire (Salinas Plant)
Spence Farm
Mid-South Wood Products
Mensem Brothers/Old Reichhold
Atlas Asbestos Mine
Coalinga Asbestos Mine
Broun Wood Preserving
Port Washington Landfill
Columbus Old Municipal LndfU #1
Combe Fill South Landfill
JIS Landfill
Tronic Plating Co., Inc.
Centre County Kepone
Agrico Chemical Co.
Fields Brook
Solvents Recovery Service New Eng
Woodbury Chemical Co.
Waldick Aerospace Devices, Inc.
Hocomonco Pond
Distler Brickyard
Ramapo Landfill
Coast Wood Preserving
South Bay Asbestos Area
Mercury Refining, Inc.
Hollingsworth Solderless Terminal
Olean Well Field
T.H. Agricul & Nutri (Montgomery)
Fairchild Semiconduct(S San Jose)
Pasco Sanitary Landfill
Sulphur Bank Mercury Mine
Joslyn Manufacturing & Supply Co.
York County Solid Waste/Refuse Lf
Spick I er Landfill
Prewitt Abandoned Refinery
Denver Radium Site
Tri-Cities Barrel Co., Inc.
Route 940 Drum Dump
Tower Chemical Co.
Peerless Plating Co.
Darling Hill Dump
C t D Recycling
Fort Hartford Coal Co Stone Qurry
Syntex Facility
Mill town Reservoir Sediments
Arrowhead Refinery Co.
City/County
75)
Rockford
Rosemount
Burnsville
Tomah
Goodyea r / A vonda I e
Salinas
Plumstead Township
Mena
Columbia
Fresno County
Coalinga
Live Oak
Port Washington
Columbus
Chester Township
Jamesburg/S. Brnswck
Farmingdale
State College Boro
Pensacola
Ashtabula
South ing ton
Commerce City
Wall Township
Westborough
West Point
Ramapo
Ukiah
Alviso
Colonie
Fort Lauderdale
Olean
Montgomery
South San Jose
Pasco
Clear Lake
Brooklyn Center
Hopewell Township
Spencer
Prewitt
Denver
Port Crane
Pocono Summit
Clermont
Muskeg on
Lyndon
Foster Township
01 a ton
Verona
Mill town
Hermantown
               23

-------
National Priorities  List (by Rank)
            August 1990
NPL
Rank

351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
EPA
Reg

10
OS
02
02
05
07
09
09
01
04
02
01
03
02
04
05
01
03
05
05
04
04
07
09
06
05
01
01
01
02
05
05
05
01
02
02
05
05
10
03
04
05
05
03
05
02
03
02
05
05
St

OR
CO
NJ
NJ
MN
IA
CA
CA
NH
FL
NJ
HE
PA
PR
FL
OH
MA
PA
IN
UI
AL
FL
KS
AZ
LA
IL
MA
MA
CT
NJ
UI
MI
MN
MA
NJ
NJ
IN
MN
UA
PA
FL
IN
UI
PA
UI
NJ
PA
HJ
IL
IN
Site Name
Group 8 (MRS Scores 43.70 - 42
Martin-Marietta Aluminum Co.
Uravan Uranium (Union Carbide)
Pijak Farm
Syncon Resins
Oak Grove Sanitary Landfill
White Farm Equipment Co. Dump
Liquid Gold Oil Corp.
Purity Oil Sales, Inc.
Tinkham Garage
Alpha Chemical Corp.
Bog Creek Farm
Saco Tannery Uaste Pits
River Road Lf/Uaste Mngmnt, Inc.
Frontera Creek
Pickettville Road Landfill
A I sco Anaconda
Iron Horse Park
Palmerton Zinc Pile
Neal's Landfill (Bloomington)
Kohler Co. Landfill
Interstate Lead Co. (ILCO)
Standard Auto Bumper, Corp.
Hydro-Flex Inc.
Hassayampa Landfill
Gulf Coast Vacuum Services
Tri -County Lf/Uaste Mgmt Illinois
Silresim Chemical Corp.
Uells G&H
Nutmeg Valley Road
Chemsol, Inc.
Lauer I Sanitary Landfill
Petoskey Municipal Uell Field
Union Scrap Iron & Metal Co.
Atlas Tack Corp.
Radiation Technology, Inc.
Fair Lawn Uell Field
Main Street Uell Field
Lehillier/Mankato Site
Lakewood Site
Industrial Lane
Airco Plating Co.
Fort Uayne Reduction Dump
Onalaska Municipal Landfill
A.I.U. Frank/Mid-County Mustang
National Presto Industries, Inc.
Monroe Township Landfill
Commodore Semiconductor Group
Rockaway Borough Uell Field
Lenz Oil Service, Inc.
Uayne Uaste Oil
City/County
.33)
The Dalles
Uravan
Plumstead Township
South Kearny
Oak Grove Township
Charles City
Richmond
Malaga
Londonderry
Gal loway
Houell Township
Saco
Hermitage
. Rio Aba jo
Jacksonville
Gnadenhutten
Billerica
Palmerton
Bloomington
Kohler
Leeds
Hialeah
Topeka
Hassayampa
Abbeville
South Elgin
Lowell
Uoburn
Uolcott
Piscataway
Menomonee Falls
Petoskey
Minneapolis
Fairhaven
Rockaway Township
Fair Lawn
Elkhart
Lehillier/Mankato
Lakewood
Uilliams Township
Miami
Fort Uayne
Onalaska
Exton
Eau Claire
Monroe Township
Lower Providence Twp
Rockaway Township
Lemont
Columbia City
             24

-------
                 National  Priorities  List (by Rank)
                             August 1990
NPL   EPA
Rank  Reg  St  site Name
                                                   City/County

401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
Group 9 (MRS Scores 42.33 - 41
10 WA Pacific Car & Foundry Co.
07 IA John Deere (Ottumwa Works Lndfls)
03 MD Mid-Atlantic Wood Preservers, Inc
03 PA Novak Sanitary Landfill
05 IN Himco Dump
10 ID Pacific Hide & Fur Recycling Co.
07 IA Des Moines TCE
02 NJ Beach wood/Berkley Wells
02 NJ South Jersey Clothing Co.
02 NY Vestal Water Supply Well 4-2
02 PR Vega Alta Public Supply Wells
03 PA Avco Lycoming (Williamsport Div)
03 PA Ohio River Park
04 GA Woolfolk Chemical Works, Inc.
05 IL Southeast Rockford Crnd Wtr Con
05 IN Tippecanoe Sanitary Landfill, Inc
05 IN Conrail Rail Yard (Elkhart)
05 IN Galen Myers Dump/Drum Salvage
05 MI Sturgis Municipal Wells
05 MI Barrels, Inc.
05 MI State Disposal Landfill, Inc.
05 MN Washington County Landfill
05 MN Dakhue Sanitary Landfill
06 TX Odessa Chromium #1
06 TX Odessa Chromium #2 (Andrews Hgwy)
07 IA Electro-Coatings, Inc.
07 NE Hastings Ground Water Contamin
08 SO Williams Pipe Line Disposal Pit
09 AZ Indian Bend Wash Area
09 CA San Gabriel Valley (Area 1)
09 CA San Gabriel Valley (Area 2)
09 CA San Fernando Valley (Area 1)
09 CA San Fernando Valley (Area 2)
09 CA San Fernando Valley (Area 3}
09 CA T.H. Agriculture & Nutrition Co.
10 AK Arctic Surplus
10 WA Cora Say, Near Shore/Tide Flats
05 IL LaSalle Electric Utilities
05 IL Cross Brothers Pail (Pembroke)
04 GA Cedartown Industries, Inc.
04 NC Jadco- Hughes Facility
05 IN Souths ide Sanitary Landfill
02 NJ Monitor Devices/intercircuits Inc
01 VT BFI Sanitary Landf ill(Rockingham)
02 PR Upjohn Facility
04 NC Koppers Co Inc (Morrisville Pint)
08 UT Sharon Steel (Midvale Tailings)
09 CA McColl
03 PA Henderson Road
02 NY Hooker Chemical/Ruco Polymer Corp
.60)
Renton
Ottumwa
Hermans
South Whitehall Twp
Elkhart
Pocatello
Des Moines
Berkley Township
Minotola
Vestal
Vega Alta
Williamsport
Neville Island
Fort Valley
Rockford
Lafayette
Elkhart
Osceola
Sturgis
Lansing
Grand Rapids
Lake Elmo
Cannon Falls
Odessa
Odessa
Cedar Rapids
Hastings
Sioux Falls
Scot tsda 1 e/Tmpe/Phnx
El Monte
Baldwin Park Area
Los Angeles
Los Angeles/Glendale
Glendale
Fresno
Fairbanks
Pierce County
LaSalle
Pembroke Township
Cedartown
Belmont
Indianapolis
Wall Township
Rockingham
Barceloneta
Morrisville
Midvale
Fullerton
Upper Her ion Twp
Hicksville
                                25

-------
                 National Priorities  List  (by Rank)
                             August 1990
NPL   EPA
Rank  Reg  St  Site Name
City/County

451
452
453
454
455
456
457
458
459
460
461
462
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491
492
493
494
495
496
497
498
499
500

10
06
03
02
02
01
03
03
01
05
02
03
04
04
02
09
01
02
01
03
04
05
05
07
05
07
02
02
04
03
06
02
02
05
03
04
04
06
06
04
01
07
05
05
05
OS
09
01
03
01

UA
LA
PA
NY
PR
NH
HO
PA
CT
HI
NJ
PA
GA
TN
NJ
AZ
HA
NY
NH
VA
SC
HI
HN
HO
IN
HO
NJ
NJ
NC
PA
NH
NJ
NJ
IN
HO
SC
SC
TX
AR
FL
RI
HO
HI
HN
UI
HN
CA
CT
PA
HA
Group 10 (HRS Scores 41.59 - 39
Colbert Landfill
Petro-Processors of Louisiana Inc
Uestinghouse Elec (Sharon Plant)
Applied Environmental Services
Barceloneta Landfill
Tibbets Road
Sand, Gravel & Stone
Delta Quarries/Stotler Landfill
Revere Textile Prints Corp.
Spartan Chemical Co.
Roebling Steel Co.
East Hount Zion
T.H. Agricul & Nutri (Albany)
Amnicola Dump
Vineland State School
Motorola, Inc. (52nd Street Plant)
Groveland Wells
General Hotors (Cent Foundry Div)
Hottolo Pig Farm
Buckingham County Landfill
SCROI Dixiana
Roto- Finish Co., Inc.
Olmsted County Sanitary Landfill
Quality Plating
Prestolite Battery Division
Fulbright Landfill
Williams Property
Renora, Inc.
FCX, Inc. (Washington Plant)
Jacks Creek/Sitkin Smelting & Ref
Cleveland Hill
Denzer & Schafer X-Ray Co.
Hercules, Inc. (Gibbstown Plant)
Ninth Avenue Dump
Bush Valley Landfill
Golden Strip Septic Tank Service
Rock Hill Chemical Co.
Texarkana Wood Preserving Co.
.Gurley Pit
Petroleum Products Corp.
Peterson/Puritan, Inc.
Times Beach Site
Wash King Laundry
Uhittaker Corp.
Algom Hunicipal Landfill
NL Industries/Taracorp/Golden
Uestinghouse Elec (Sunnyvale Pit)
Kellogg-Oeering Well Field
Boarhead Farms
Cannon Engineering Corp. (CEC)
.89)
Colbert
Scot landvi lie
Sharon
Glenwood Landing
Florida Afuera
Barrington
Elkton
Ant is/Logan Twps
Sterling
Wyoming
Florence












Springettsbury Twp
Albany
Chattanooga
Vineland
Phoenix
Groveland
Hassena
Raymond
Buckingham
Cayce
Kalamazoo
Oronoco
S ikes ton
Vincennes
Springfield
Swainton
Edison Township
Washington
Haitland
Silver City
Bayvi I le
Gibbstown
Gary
Abingdon
S imps onvi lie
Rock Hill
Texarkana
Edmondson
Pembroke Park




























L i nco I n/Cumber I and
Times Beach
Pleasant Plains
Himeapolis
Algoma
St. Louis Park
Sunnyvale
Norwalk

Twp





Bridgeton Township
Bridgewater

                                   26

-------
                 National Priorities List (by Rank)
                             August 1990
NPL   EPA
Rank  Reg  St  Site Name
City/County
Group 11 (HRS Scores 39.88 - 38.20)
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
541
542
543
544
545
546
547
548
549
550
05
02
02
04
09
04
05
02
02
06
02
04
05
06
05
04
05
04
10
05
09
09
03
04
04
06
04
06
01
03
10
05
06
01
05
03
09
01
04
05
05
06
03
03
07
08
03
05
05
05
MI
NY
NY
FL
CA
AL
HI
NY
NY
TX
NJ
ICY
IL
AR
IL
FL
OH
NC
OR
OH
AZ
NV
PA
NC
TN
LA
FL
NM
RI
PA
WA
WI
TX
HA
MI
PA
CA
NH
SC
IL '
MI
TX
PA
DE
MO
MT
DE
IN
IL
MI
H. Broun Co., Inc.
Nepera Chemical Co., Inc.
Niagara County Refuse
Sherwood Medical Industries
Western Pacific Railroad Co.
01 in Corp. (Hclntosh Plant)
Southwest Ottawa County Landfill
Kentucky Avenue Well Field
Pasley Solvents & Chemicals, Inc.
Sol Lynn/ Industrial Transformers
Asbestos Dump
Lee's Lane Landfill
Kerr-McGee (Reed-Keppler Park)
Frit Industries
Amoco Chemicals (Joliet Landfill)
Woodbury Chemical (Princeton Pint)
Fultz Landfill
New Hanover Cnty Airport Burn Pit
Allied Plating, Inc.
Coshocton Landfill
Apache Powder Co.
Carson River Mercury Site
AMP, .Inc. (Glen Rock Facility)
JFD Electronics/Channel Master
Arlington Blending & Packaging
PAB Oil & Chemical Service, Inc.
Sydney Mine Sludge Ponds
Cimarron Mining Corp.
Davis (GSR) Landfill
Lord-Shope Landfill
FMC Corp. (Yakima Pit)
Northern Engraving Co.
South Cavalcade Street
PSC Resources
Forest Waste Products
Drake Chemical
United Heckathorn Co.
Kearsarge Metallurgical Corp.
Palmetto Wood Preserving
Petersen Sand & Gravel
Clare Water Supply
Tex- Tin Corp.
Havertown PCP
New Castle Spill
St Louis Airport/HIS/Fut Coatings
Idaho Pole Co.
NCR Corp. (Millsboro Plant)
Lake Sandy Jo (M&M Landfill)
Johns-Manville Corp.
Chem Central
Grand Rapids
Hayfarook
Wheatfield
Del and
Oroville
Hclntosh
Park Township
. Horseheads
Hempstead
Houston
Hillington
Louisville
West Chicago
Walnut Ridge
Joliet
Princeton
Jackson Township
Wilmington
Portland
Franklin Township
St. David
Lyon/Churchill Cnty
Glen Rock
Oxford
Arlington
Abbeville
Brandon
Carrizozo
Glocester
Girard Township
Yakima
Sparta
Houston
Palmer
Otisville
Lock Haven
Richmond
Conway
Dixiana
LibertyvUle
Clare
Texas City
Haverford
New Castle County
St. Louis County
Bozeman
Millsboro
Gary
Waukegan
Wyoming Township
                           3,7

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National Priorities List