&EPA
           United States
           Environmental Protection
           Agency

           Superfund	
            Office of Emergency and
            Remedial Response
            Washington DC 20460
EPA/540/G-90/001
April 1990
Guidance on EPA
Oversight of Remedial
Designs and Remedial
Actions Performed by
Potentially Responsible
Parties
           Interim Final

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                                     EPA/540/G-90/001
                                 OSWER Directive 9355.5-01
                                         April 1990
 Guidance on EPA Oversight of Remedial
Designs and Remedial Actions Performed
    by Potentially Responsible Parties
                  Interim Final
           Office of Solid Waste and Emergency Response
             U.S. Environmental Protection Agency
                 Washington, DC 20460

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                                11

                              Notice
     Development  of  this document was done  by the Environmental
Protection Agency (EPA).   It has been subjected  to the Agency's
review process and approved for publication as an EPA document.

     The  guidance and  procedures  set out  in this  document are
intended  solely  for  the guidance  of EPA Superfund remediation
personnel.  They are not intended, nor can they be relied upon, 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.

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                               Ill

                            Foreword
     This  Interim  Final Guidance  on EPA  Oversight of  Remedial
Designs and Remedial Actions Performed bv Potentially Responsible
Parties was issued in order to ensure that selected remedies being
conducted are protective of public health and the environment, and
that the Remedial  Actions  are in compliance with  the applicable
performance standards.  It provides guidance for oversight when EPA
is the lead agency on a project in which a Potentially Responsible
Party conducts the Remedial Design and Remedial Action.

     This guidance does not cover projects when  the Remedial Design
and Remedial Action is performed with Superfund  monies in which the
EPA or the State is the lead agency.  This will be the subject of
future guidance documents.

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                                IV

                         Acknowledgments
     This document was developed by EPA's Office of Emergency and
Remedial  Response  (OERR).    EPA  co-project  managers  for  the
development of this guidance were:

     Christine Bel ing	EPA, HSCD
     Michael Peterson	EPA, HSCD


  The  following Regional,  Headquarters,  and  US  Army Corps  of
Engineers  (USAGE)  individuals  contributed  by participating  as
members of the initial peer review work group:

     Ira Leighton	EPA, Region I
     Laura Boornazian	EPA, Region III
     Cindy Nolan	EPA, Region V
     Brad Bradley	EPAf Region V
     Loren McPhillips	EPA, Region X

     Russel Wyer	EPA, HSCD
     Ken Ayers	EPA   HSCD
     Sandra Connors	EPA' OECM
     Pat Winfrey	EPA/ OECM
     Patty Bubar	EPA, OWPE
     Ross Natoli	EPA, OWPE

     Jack Mahon	USAGE
     Noel Urban	USAGE
     Edward Watling 	 USAGE

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                                V

                        Table of Contents


                                                           Page

Notice          	i:L

Foreword	•	11:L

Acknowledgments 	 1V

Table of Contents	v

List of Figures	•  • viii

Acronyms Used in This Guidance	ix

Executive Summary 	 x

CHAPTER 1  INTRODUCTION

     1.1   Purpose of This Guidance	1-1

     1.2   Overview of This Guidance	1-1

CHAPTER 2  ROLES AND RESPONSIBILITIES

     2.1   Potentially Responsible Parties   	 2-2

       2.1.1   Remedial Design Professional  	 2-2
       2.1.2   Remedial Action Constructor   	 2-4
       2.1.3   Independent Quality Assurance Team  	 2-5

     2.2   Environmental  Protection  Agency	 2-6

       2.2.1   Remedial Project  Manager  	 2-6
       2.2.2   Oversight  Official	•  • 2-7

CHAPTER 3  MODEL SETTLEMENT AGREEMENT  FOR REMEDIAL DESIGN/ACTION

     3.1   Introduction	3-1

     3.2   Settlement Agreement  Provisions   	 3-2

       3.2.1   Introductory Sections  	 3-2
       3.2.2   General Provisions  	 3-2
       3.2.3   Remedial  Design	3-3
       3.2.4   Remedial  Action	3-4
       3.2.5   Quality Assurance  	 3-4

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                                VI
                   Table of Contents (continued)
        3.2.6   Reporting Requirements 	  3-5
        3.2.7   Endangerment and Emergency Response   .  .  .  .3-6
        3.2.8   Certificate of Completion  	  3-6
        3.2-9   Other Conditions and Requirements   	  3-6
        3.2.10   Concluding Sections   	  3-7

 CHAPTER 4   REMEDIAL DESIGN OVERSIGHT

     4.1   Standard Remedial  Design Tasks 	  „      4-1

        4.1.1   Design Investigation 	  4-3
        4.1.2   Design Support	4-3
        4.1.3   Plans and Specifications	4-4
        4.1.4   Construction Cost Estimate	'.  4-4
        4.1.5   Construction Schedule	[  4-4

     4.2    Remedial  Design Review 	  4-4

        4.2.1   Review of Remedial Design  Professional
                Qualifications  	  4-5
        4.2.2    Review of Remedial Design Work Plan  .  . !  !  4-5
        4.2.3    Preliminary Design Review   	  4-6
        4.2.4    Intermediate Design Review  	  4-8
        4.2.5    Pre-Final/Final Design Review  	  4-8

     4.3    Community  Relations  	  4_9

CHAPTER 5  REMEDIAL ACTION OVERSIGHT

     5.1   Remedial Action Reviews   	  	 5-1

       5.1.1   Review of Remedial Action Work Plan  .... 5-3
       5.1.2   Review of Remedial Action Constructor
               Qualifications 	 5-4
       5.1.3   Independent Quality Assurance Team
               Qualifications 	 5_4
       5.1.4   Construction Quality Assurance and
               Control Plans  	 5_5
     5.2
Pre-Construction Conference  	  5-6

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                               Vll

                  Table of Contents (continued)


                                                           Page

     5.3   Remedial Action Implementation 	 5-7

       5.3.1   Remedial Project Manager . .  .	5-7
       5.3.2   Independent Quality Assurance Team 	 5-9
       5.3.3   Oversight Official 	 5~10

     5.4   Immediate Danger and Emergency Response  .  .  .  . 5-11

     5.5   Pre-Final/Final Inspection 	 5-12

     5.6   Project Closeout Report  . 	 5-12

APPENDIX A CONSTRUCTION QUALITY ASSURANCE PROGRAM 	 A-l

     A.I   Introduction	A~1

     A.2   Construction Quality Assurance Plan   	 A-l

APPENDIX B CONTINGENCY PLAN	B~1

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Figure
Number
     viii

List of Figures



 Figure Title
                                                             Page
2-1  Relationships Among Parties When RD/RA is
     Performed by a PRP 	
3-1  Pre-Design Planning Phase  	

4-1  Critical Review Steps in Remedial Design Oversight

5-1  Critical Review Steps in Remedial Action Oversight
                                 .  2-1

                                 .  3-1

                                 .  4-2

                                 .  5-2

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ARAR

ARCS

CERCLA


EPA

FSP

HSCD

OECM

OERR

O&M

OSWER

OWPE

PRP

QA

QC

RA

RD

RD/RA

 RI/FS

 ROD

 RPM

 SARA

 USAGE
                 IX

  Acronyms Used  in This Guidance


Applicable or Relevant and Appropriate Requirement

Alternative Remedial Contracting Strategy

Comprehensive Environmental Response, Compensation,
and Liability Act of 1980

Environmental Protection Agency

Field Sampling Plan

Hazardous Site Control Division

Office of Enforcement and  Compliance Monitoring

Office of Emergency and Remedial Response

Operation and Maintenance

Office of Solid  Waste and  Emergency Response

Office of Waste  Programs Enforcement

Potentially  Responsible Party

Quality  Assurance

Quality  Control

Remedial Action

Remedial Design

Remedial Design  and Remedial Action

Remedial Investigation/Feasibility Study

 Record of  Decision

 Remedial Project Manager

 Superfund Amendments and Reauthorization Act of 1986

 US Army Corps of Engineers

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                                 X

                         Executive Summary


      This document presents the Environmental Protection Agency's
 (EPA)  guidance for oversight by Remedial Project Managers  (RPMs)
 on enforcement lead projects  in which a Potentially  Responsible
 Party (PRP) conducts the Remedial Design and Remedial Action.   The
 objectives of PRP oversight are to ensure that selected remedies
 being conducted by the PRP are protective of public  health and the
 environment,  and  that the Remedial Actions are in compliance  with
 the  Settlement Agreement.   The Hazardous  Site  Control  Division
 within EPA has developed a  focused approach  to PRP  oversight  that
 assists RPMs in concentrating their efforts on the most significant
 aspects of the projects.

     The successful implementation of the focused approach consists
 of two steps.  First, the RPM must focus on  certain key  documents
 developed throughout the design and construction of the remedy  such
 as the Remedial  Design  and Remedial Action Work  Plans, project
 schedules, preliminary design,  final design,  Construction Quality
Assurance and Quality Control Plans, and the Contingency Plan.  The
 second step in the focused approach  is  the utilization  by the  RPMs
 of an Independent Quality Assurance Team during construction.  The
 impact of  the  focused approach is to  allow RPMs to utilize their
oversight activities in a more efficient manner, enabling them to
more effectively monitor PRP activities.  The ultimate  goal of PRP
oversight  is  to  hold  PRPs  responsible  and  accountable  for  the
Remedial Actions.

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                            CHAPTER 1

                           INTRODUCTION
1.1  PURPOSE OP THIS GUIDANCE

     When a Potentially Responsible Party (PRP) elects to conduct
the Remedial  Design and Remedial Action  (RD/RA)  activities  at a
Superfund site, they must do so in accordance with  the terms of
the negotiated Settlement Agreement (either an administrative order
on consent  or a judicial consent decree) per  Section 122 of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980  (CERCLA),  as  amended by the Superfund Amendments and
Reauthorization Act  of 1986  (SARA).  Subsequently, PRPs and their
agents are  responsible for  the adequacy  of the  design  and the
implementation of remedies specified.  During an enforcement lead
cleanup,  the primary function  of  the  Environmental Protection
Agency  (EPA)  is to ensure PRPs  comply  with all  applicable laws,
regulations,  and requirements, and meet all performance standards
specified  in  the   Settlement  Agreement.   The  purpose  of  this
guidance  is to provide  an  overview  of the general  sequence of
events that occur during a PRP conducted RD/RA.  It also  provides
guidance  on the specific  roles and responsibilities  of  the EPA
Remedial Project Manager  (RPM) and the Oversight Official.


1.2  OVERVIEW OF THIS GUIDANCE

     EPA has  two objectives for overseeing PRP conducted RD/RAs on
enforcement lead cleanups:

          Ensure the remedies are protective of public health
          and the  environment   throughout  the life  of  the
          proj ect;  and

          Ensure  the Remedial Action (RA)  is  implemented in
          compliance  with  the  terms  of  the   Settlement
          Agreement.

     The  intent of the oversight program is to focus  EPA efforts
on the most  significant  aspects of the project,   such  as overall
quality  assurance  (QA), scheduling, major  changes due to changed
field  conditions,  emergency actions, and project  close out.   EPA
must use a high level  of oversight at the onset  of  the  Remedial
Design (RD)  and again when the  Remedial Action is initiated.   The
amount of oversight effort may be increased  or decreased over time,
depending on the capabilities of the PRPs1 design and construction
teams,  the  implementation  of  a  construction quality  assurance
program,  the nature of the technology selected, and the provisions

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                                1-2

 of  the  Settlement  Agreement.   The  oversight  must  always be
 structured  so the PRPs, not  EPA,  remain legally responsible and
 accountable for the  success of the  response action.

     The reason for allowing PRPs to conduct RD/RA is to place the
 responsibility  for cleanup of  hazardous  waste disposal sites on
 those who generated the wastes,  and  those who owned or operated the
 sxtes.    This  enforcement   approach  not  only  conserves   Fund
 resources,  it also frees EPA personnel to work on  other sites.  To
 maximize  the benefit  of PRPs  conducting the RD/RA,  yet ensure
 compliance  with the Settlement  Agreement  and protection of health
 and the environment, this guidance  outlines a  focused approach to
 oversight.    EPA  approval  authorities and  monitoring focus on
 certain key documents  and  activities performed during the design
 and construction of the remedy.

    ^A second aspect of the  focused approach is to formalize the
requirement for PRPs to implement a  construction quality assurance
program.  This is  consistent  with  standard industry construction
practice.   In addition to reducing  the duplication  of  quality
assurance activities,  this will maintain the burden  of  quality
assurance accountability with the PRP.

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                            CHAPTER 2

                   ROLES AND RESPONSIBILITIES
     This chapter  presents a  summary of  the general  roles  and
responsibilities of the Potentially  Responsible  Party(s)  and the
EPA when implementing  the RD/RA  on an  enforcement lead  site.
Because each Superfund site and RD/RA is  unique,  there  are other
acceptable  variations of  the  PRP  organizational  structure  in
addition to those presented in this section.  Regardless  of the PRP
organizational   structure,   however,   it   is   the   ultimate
responsibility  of  the PRP to  successfully  implement the  remedy
under the terms of the Settlement Agreement.

     Figure 2-1 presents a simple organizational chart illustrating
the relationships in an enforcement lead project in which the PRP
conducts the RD/RA.  There are a number of  organizations  that could
be used for conducting the work, and  the best approach will depend
on the experience and preference of the PRPs.
                           FIGURE 2-1

  RELATIONSHIPS AMONG PARTIES WHEN RD/RA IS PERFORMED BY A PRP
               EPA
   OVERSIGHT
  OFFICIAL(s)
                                         REPORTING RELATIONSHIP
                                         LINES OF COMMUNICATION
  INDEPENDENT
    QUALITY
   ASSURANCE
     TEAM
 REMEDIAL
  ACTION
CONSTRUCTOR
  REMEDIAL
   DESIGN
PROFESSIONAL
     A  "reporting  relationship"  is defined  as  a  direct  line
 responsibility  in which  one party,  as an  agent of the other or as
 a  legal  requirement,  is  compelled to report the results of their
 work or observations.  The PRP has a "reporting relationship" with
 the EPA  as a condition of the Settlement Agreement,  while  agents
 and contractors hired by the PRP  have a similar type of association
 with  the PRP.   Where "lines of communication"  are  indicated in

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                                2-2

 Figure  2-1,  it  implies  that an  information exchange  is highly
 desirable between parties.  Such an exchange is usually necessary
 for a successful implementation of a remedy, however, there is no
 legal requirement for such communication.

      The PRPs  are legally  responsible for  the adequacy  of  the
 design  and  the  implementation   of  remedies  specified  in  the
 Settlement  Agreement.    After  ensuring  the public health  and
 environment are  protected,  EPA's  primary goal is to confirm  the
 PRPs meet  all  performance standards specified  in the Settlement
 Agreement.    This  guidance  introduces  the concept  of using  an
 "Independent Quality  Assurance Team"  to  ensure compliance  and
 provide unbiased quality assurance  monitoring  of   the  Remedial
 Action.  The  following sections  discuss  the specific roles  and
 responsibilities of the PRP and  EPA in the  implementation  of  an
 enforcement lead project where the PRP does the  RD/RA.


 2.1  POTENTIALLY RESPONSIBLE PARTIES

      The PRPs are legally responsible  for complete site remediation
 as specified in the Settlement Agreement.   All work  is done under
 the PRP's  control and  they are  responsible for the long term
 performance of the  remedy.   EPA  monitors  compliance.  The PRPs
 provide the necessary  input to effect site  remediation,  whether
 done with  "in-house"  resources,  or  through the  use  of  hired
 contractors  and  subcontractors.     PRP  responsibilities  are
 apportioned among the Remedial Design Professional,  the Remedial
 Action  Constructor,  and the  Independent  Quality Assurance  Team.

      In an enforcement  lead  RD/RA,  the  following  roles and
 responsibilities  fall under the direction of the  PRP.   The  purpose
 of the descriptions is to provide a typical view  of the design and
 construction process.   Much  of this discussion is based upon the
 American Society  of Civil  Engineers' publication  entitled  Quality
 in the Constructed Pro-iect;  A Guideline for Owners. Designers and
 Constructors,   Volume  1,  Preliminary Edition for Trial  Use and
 Comment, May  1988.   Please refer to this publication  for  further
 information.
     2.1.1  Remedial Design Professional

     The primary function of the Remedial Design Professional, or
design_ engineer,  is to provide the  PRP with a set  of plans and
specifications  for  the  proposed remediation  which  meets  the
requirements and is within budget and on schedule.   The Remedial
Design  Professional  may be an  employee of  the  PRP or may  be a
private consulting entity retained under a contractual relationship
with the PRP.   Unless the Remedial Design Professional has a large

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                               2-3

and experienced staff, many projects  are sufficiently complex to
require  the  design  team to  be  supplemented  with  additional
capabilities,  i.e.,  geotechnical,   electrical,   mechanical  or
structural engineers,  field surveyors, or other specialized skills.
This  may be  done  by subcontracting with  the Remedial  Design
Professional or  some  of these specialists may  contract directly
with the PRP.  Tasks which the Remedial Design Professional may be
responsible to perform include the following:

          Evaluate  and  interpret  data  generated  in  the
          planning  phase,  such  as   treatability  data  and
          geotechnical investigations;

          Collect and evaluate  additional data required for
          the design  phase;

          Provide a complete engineered design of the Remedial
          Action   to   be   constructed,   i.e.,  plans  and
          specifications;

      •    Identify  and  obtain   easements,   permits,  and
          approvals necessary for  the RD/RA;

          Identify   critical  technical   requirements  and
          activities  where quality may be at  risk;

      •    Provide   and  review   key   documents   concerning
          compliance  with design  requirements;  and

          Update   plan   and  specification   changes   during
          construction.

      In addition to the above responsibilities, the Remedial Design
 Professional  will  usually  be  required to  provide  a Resident
 Engineer to act as the PRP's agent  on the site during construction.
 In some situations  the Resident Engineer may  be hired directly by
 the PRP.   In either case, this person is one  of the most critical
 in establishing  and maintaining construction  quality  on the  site.
 Typically  the Resident  Engineer is required to:
           Review   progress
           schedules;
and   shop-drawing   submittal
           Serve as the PRP and Remedial Design Professional's
           liaison with the Remedial Action Constructor/-

           Maintain,  at  the  site,   orderly  files  of all  job
           records;

           Log shop  drawings and samples;

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                                2-4

           Reylew work performed, disapprove defective work,
           and verify that  test and start-up procedures  are
           accomplished;

           Accompany PRP personnel and inspectors, and other
           agency personnel with  a  jurisdictional interest,
           during site visits;

           Prepare    periodic    progress    reports,    make
           recommendations  concerning major  inspections  and
           tests,  draft  change  orders, field  orders, and work
           directive changes;

           Conduct  the  pre-final  and  final  inspection  of
           completed  work   with   PRP,   Remedial   Action
           Constructor,   EPA,   and  other  agencies  with  a
           jurisdictional interest;

           Prepare  a  Project   Closeout  Report  which
           certifies  the  completed  project  has  been
           constructed in accordance with the Settlement
           Agreement and that all performance standards
           have been met; and

           Determine  that   certificates,   operation   and
           maintenance (O&M) manuals, and other required data
           have   been  assembled  by  the   Remedial   Action
           Constructor.
     2.1.2  Remedial Action Constructor

     A  Remedial Action  Constructor's primary  responsibility  in
constructing the Remedial Action is to meet the quality standards
specified by the  design and accepted trade practices.   They are
responsible to the PRP for implementing and maintaining the quality
control (QC) program.   The following is a list of responsibilities
that generally apply to Remedial Action Constructors on most jobs:

          Obtain  all   necessary  permits  and  approvals  as
          required by the Remedial Action activities;

          Construct the  project  according to the  plans  and
          specifications by supervising and  controlling  the
          execution of  work,   including  means,  methods  and
          sequences of construction;

          Provide  progress  schedules  and  other  required
          submittals;

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                              2-5

         Furnish  signs,  utilities,  and  office  facilities,  as
         required;

         Maintain  "Record Drawings" at  the site, properly
         noting all changes made during construction;

         Be responsible to the public and to site personnel
         for project  safety;

         Notify   all   personnel   in  the  event  that  the
         Contingency  Plan has been  triggered;

         Implement and  maintain   a  construction   quality
         control   program,  identify  and  report problems,
         provide   qualified  testing  to  demonstrate  that
         proposed materials and  equipment are  acceptable,
         and   respond  constructively  to   quality   control
         issues;  and

         Cooperate fully with inspection  authorities and
         provide  them  access  to the  project for  adequate
          inspection.
     2.1.3  Independent Quality Assurance Team

     Quality is  conformance  to properly  developed  requirements.
In the  case of  construction  contracts,  these requirements  are
established by the contract specifications and drawings.   Quality
assurance is planned and systematic actions by the PRP to provide
confidence  that  the completed remedy meets  these  requirements.
The Independent  Quality Assurance Team  is used to  provide this
level of confidence to the PRP by testing and inspecting the work
of the Remedial Action Constructor.  Quality control is the system
used by  the Remedial Action Constructor  to manage,  control,  and
document the compliance with requirements of  all  Remedial Action
activities.  This includes not only activities of the parent firm,
but also those of suppliers and subcontractors.

     The  Independent Quality  Assurance  Team  are  representatives
from  testing  and  inspection  organizations,  independent  of  the
constructor, that are responsible for examining and testing various
materials,  procedures, and  equipment  during  the  construction.
Since  the PRP  is  responsible for the  quality assurance  of the
remedy,  the Independent Quality Assurance Team  is retained by the
PRP.  The qualifications  and expertise of the personnel should be
commensurate with the  scope  of the project.   Typical functions of
the Independent  Quality Assurance Team are to:

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                                2-6

           Review design  criteria,  plans,  and specifications
           for clarity and completeness;

           Direct  and  perform  observations  and  tests  for
           quality assurance inspection activities;

           Verify that the  Construction Quality Control Plan
           is implemented in accordance  with the site-specific
           Construction Quality Assurance Plan;

           Perform independent on-site inspections of the work
           to assess  compliance with design  criteria,  plans
           and specifications;

           Verify that equipment used in  testing meets the test
           requirements  and  that  the  tests  are  conducted
           according to standardized procedures;  and

           Report to  the  PRP  and  EPA  the  results  of  all
           inspections and corrective actions, including work
           that  is not of acceptable quality or  that fails to
           meet  the specified design requirements.
 2.2   ENVIRONMENTAL PROTECTION AGENCY

    f  EPA  is  responsible for pi-otecting the public health and the
 environment and ensuring that the PRPs comply with the terms of the
 Settlement Agreement.   The  most  successful way  for EPA to do this
 *?*? vest  responsibility for the project in a single individual
 within EPA.  This  person  is known as the Remedial Project Manager
 (RPM)  or as the EPA Project Coordinator.   For the purposes of this
 guidance these terms will be synonymous.
     2.2.1  Remedial Proiect Manager

     The  Remedial  Project Manager  is  defined  as the  Federal
official  designated by  EPA  to coordinate,  monitor,   or direct
remedial activities,  in the case of an enforcement lead project
the_ RPM's role  is one  of coordination  and monitoring.   At  a
minimum, the RPM should review and approve the following documents
submitted by the PRP under the Settlement Agreement:

          Remedial Design and Remedial Action Work Plans;

          Preliminary and final design;

          Construction Quality Assurance and Construction
          Quality Control Plans;

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                               2-7

     •     Contingency Plan; and

          Project Closeout Report.

     Traditionally, the RPM may exercise a high level of oversight
at the onset of the  project.   As the PRP demonstrates competence
in implementing the remedy, the amount of oversight may be relaxed
accordingly.  The  oversight program  must  focus  the RPM's efforts
on the most significant aspects of the project,  such as overall
quality, scheduling,  major changes due to changed field conditions,
site safety, emergency actions, and project close-out.

     The RPM acquires technical assistance for performing oversight
bv engaging one or more Oversight Officials capable of providing
support  in  all  technical  aspects  of  the  Remedial  Design  and
Remedial Action.   The recommended options available for oversight
support include Alternative Remedial  Contract Strategy (ARCS), the
US Army Corps of Engineers (USAGE), and the  Bureau of Reclamation.
     2.2.2  Oversight official

     The  Oversight  Official is under some form of contractual or
 interagency  agreement  with EPA and  reports  directly to the RPM.
 They  provide  technical  support  to  the RPM  in  monitoring PRP
 compliance with the Settlement Agreement. The  responsibilities of
 an  Oversight Official  during Remedial  Design could include the
 following:

          Assist  in reviewing the professional  qualifications
          of Remedial  Design  Professional,  Remedial Action
          Constructor,  and the Independent Quality Assurance
          Team;

          Review  the Remedial Design and Remedial Action Work
          Plans;

          Review   design  support   data  including   field
           investigations and treatability study results;

          Review  the Remedial Design submittals to determine
           if they are protective  of the public health and the
           environment,   comply  with  the Record of  Decision
           (ROD),  and  will  attain  the  performance  criteria
           specified in the Settlement Agreement.

      During Remedial Action,  the Oversight Official reviews  for
 compliance with the Construction Quality Assurance Plans, schedule,
 and the approved  plans  and specifications.  Construction oversight
 is limited to observing construction and comparing  the work to a

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                               2-8

SSt  -f.f  standards   (in  this   case,   the  design   plans  and
specifications, and the Construction Quality Control Plan prepared
toy the PRP's Remedial Action Constructor).   The Oversight Official
also  spot  checks  the  activities  of  the Independent  Quality
Assurance Team and reviews quality assurance reports.  The results
of all  Remedial  Action oversight activities are  reported to the
RPM.

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                            CHAPTER 3
      MODEL SETTLEMENT AGREEMENT FOR REMEDIAL DESIGN/ACTION
3.1  INTRODUCTION

     The pre-design planning phase as shown in Fif^e %1 m°ves the
nroiect  from  the  ROD  into Remedial  Design.    After  the  ROD  is
signed, EPA prepares a "Pre-Design Technical Summary" which defines
thl technical criteria to implement the remedy  Negotiations then
take place with the PRP.  If it is determined that the RD/RA will
bf conducted as an  enforcement response action  the PRP enters into
an agreement  with  EPA.   This  agreement specifies  the  terms and
conditions of the work to be performed by the PRP and is embodied
in either an administrative order on  consent or  a uudicial consent
decree.
                           FIGURE 3-1


                   PRE-DESIGN PLANNING PHASE
                       __========


                       RECORD OF DECISION
    PRE-DESIGN

     PLANNING

      PHASE
                   PRE-DESIGN  TECHNICAL SUMMARY
NEGOTIATIONS WITH PRPs
                       SETTLEMENT AGREEMENT
                         REMEDIAL DESIGN
      The term "Settlement Agreement"  is used  in this guidance to
 refer to either an administrative  order on consent or a .judicial
 consent decree.   It  is a commitment  by  the PRPs  that  they will
 finance and  perform  the Remedial  Design  and Remedial  Action in
 accordance  with  the  provisions  set forth  in  the  Settlement
 Agreement.

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                               3-2
3.2  SETTLEMENT AGREEMENT PROVISIONS
"Mo^T ^  2eVe}°ping a "Model Consent Decree  for  RD/RA"  and a
"Model  Unilateral Order  for RD/RA"  to be  used as  a  guide  in
preparing  Settlement Agreements.   These models  incorporate the
rSS£i5 * P5ovlslons. ^o  implement this guidance and  should  be
^ 5  d ^°^ov more  inf°rmation.  The following is a brief summary
and description of provisions included in these models     ummarY
     3.2.1  Introductory Sections
     The  introductory   sections   of  the  Settlement
generally include discussions of the following items:

          Description of what EPA and the State seek in
          their complaint against the PRP,  and the status
          of the  site activities that  have previously
          taken place;

          Jurisdiction of EPA and/or the courts relative
          to the PRP;

          Parties bound by the Settlement Agreement (PRP,
          including employees, agents, and assigns) ;  and

          Definitions of terms  used  in the  Settlement
          Agreement   and    attachments    incorporated
          thereunder.
                                                        Agreement
     3.2.2
           General Provisions


                      Secti°ns are Discussions which address the
         The objectives of the parties entering into the
         agreement,  i.e.,  protection  of  the  public
         health and  welfare and the  environment from
         releases of waste material from the site;

         The responsibility of the  PRP  to  finance and
         perform  the  work  in  accordance  with  the
         Settlement Agreement,  including past response
         costs, oversight  response  costs,  and future
         response costs;

         The_  requirements  for  both  EPA  and the  PRP  to
         designate a  Project  Coordinator  to  serve as  the
         contact point for each party;

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                              3-3

         Requirements  for  compliance with  applicable
         laws and for the performed work to achieve the
         performance standards specified;

         The requisite for the PRP to obtain all permits
         required by CERCLA and the National Contingency
         Plan;

         The  notice of  obligations  to  Successors-in-
         Title;

         The  right of EPA  to  access the site  at all
         times  for  the purpose  of  conducting  any
         activity  related to the Settlement Agreement,
         such  as  monitoring  work,  verifying  data,
         conducting  investigations,  obtaining samples,
         and  assessing PRP  compliance;

         Requirements  for  all  aspects  of the  work
         performed by  the PRP to be under the direction
         and  supervision of qualified contractors, the
         selection of  whom are subject to EPA approval;

         Procedures for  EPA to review PRP  submissions
         including the process  for approval,  conditional
         approval, or  disapproval of these submissions;
         and

         Acknowledgement that EPA review and approval
         of  PRP  submissions   does  not warrant the
         performance standards will be  met.
     3.2.3  Remedial Design

     These  sections describe  the  requirements  of  the  PRP  to
commence  and  perform  the  Remedial  Design  as  a  contractual
obligation.  Items which are required to  be  submitted  to  EPA for
review only or  review and approval should be described.  This could
include such items as:

          Remedial Design Work  Plan which provides for
          the design of the remedy set forth in the ROD
          and in accordance with the Statement of Work.
          The  Remedial  Design Work  Plan  would include
          plans and schedules for the implementation of
          all  Remedial  Design  and  pre-design  tasks
          identified in the Statement of Work;

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                                 3-4

           Health  and Safety Plan  for all field design
           activities;

           Preliminary design submittal to include design
           criteria,  project delivery strategy, results
           of  treatability  studies  and additional field
           sampling,  preliminary  plans  and  drawings,
           outline  of  required  specifications,  and  a
           preliminary construction schedule;

           Intermediate design submittal  (optional); and

           Pre-f inal/f inal design submittal which includes
           the final plans and specifications, Operation
           and  Maintenance   Plan,  Field  Sampling  Plan,
           Construction Quality  Assurance Plan,  and the
           Contingency Plan.


      3.2.4  Remedial Action
                 „ ,,    h,  „           >    • „ ' , "      	 "
      The requirements for the PRP to initiate Remedial Action after
 approval of the Remedial Design are  described in these sections.
 This could include the  following items:
            ini                            ' ,	  • ',"    '
           Submission to EPA for review  and  approval  a
           Remedial  Action Work  Plan which details  the
           plan and  schedules for the construction of the
           remedy;

           The  requisite to submit for EPA  review a Health
           and  Safety Plan   for  all  field  construction
           activities;

           Requirements  for  the off-site  shipment of  any
           waste material   to  an  out-of-state  waste
           management  facility; and

           The  requirement for the PRP to implement  the
           activities  required by the  approved Remedial
           Action Work Plan.
     3.2.5  Quality Assurance

    fIncluded   in  these   sections   are  descriptions   of  the
requirements  for the  PRP  to use  quality assurance  and quality
control procedures for all remedial activities that take place on
the site.  It would include the following requirements:

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                               3-5

          That the  PRP submit  a  Construction  Quality
          Assurance and Quality Control  Plan;

          The requirement  for  the PRP to  retain  an
          Independent Quality Assurance Team,  separate
          from  the  Remedial  Action  Constructor,   to
          conduct quality  assurance activities  during
          the construction phase of the  project; and

          The right for EPA to  take split  or  duplicate
          samples of any samples collected by  the  PRP,
          and the right to take any additional samples
          deemed to be necessary.
     3.2.6  Reporting Requirements

     Described in  these sections  is the  frequency  and type  of
reports required  for  the  PRP  to submit  to the  EPA.    Typical
reporting requirements  for  the reporting period  specified could
include the following:

          Actions taken toward achieving compliance with
          the Settlement Agreement;

          All sampling  and  test results and all  other
          data   generated   by  the   PRPs  or   their
          contractors;

          All plans and deliverables completed during the
          reporting period;

          All actions scheduled for the next reporting
          period    including    data   collection   and
          implementation  of   work  plans   and  other
          information  relating  to  the  progress  of
          construction; and

          Information regarding percentage of completion,
          unresolved  delays  encountered or  anticipated
          that  may   affect   the   future  schedule  for
          implementation  of   the  work  plan,   and  a
          description of efforts made to mitigate those
          delays.

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r
                                          3-6

                3.2.7  Endangerment and Emergency Response

                This section defines the requirements  of the PRP in the event
           of any action or occurrence which causes or threatens a release of
           waste material,  or  which may present an immediate  threat  to the
           public health or welfare or the environment.


                3.2.8  Certification of Completion

                After the  PRPs conclude that  the  Remedial Action has  been
           fully performed, the PRPs  shall  so  notify  EPA  and  shall  schedule
           a pre-certification inspection to be attended by the PRP  and EPA.
           The requisites for this procedure is described in  the  Settlement
           Agreement.     It   details  the  notification  and   inspection
           requirements,  the method for correction of deficiencies, and the
           xssuance of a certification of completion.
                3.2.9  Other Conditions and Requirements

                Many sections are  required in  the  Settlement Agreement  to
           address  the performance  of  the  PRP  and  other  miscellaneous
           requirements.   They could  include the following:

                     The  requirements  (notification,  review,  and
                     approval process)  if EPA or the PRP determines
                     that   additional   response  activities   are
                     necessary to meet  the  performance standards;

                     The_ requirements  of  the PRP  to  demonstrate
                     their ability  to complete the work and to  pay
                     all claims which may arise.   Such  requirements
                     may   include  performance  bonds,   letters  of
                     credit,  third  party work guarantees, and  EPA
                     access to PRP  financial records;

                     The requirements of the PRP to notify EPA of
                     any event which  may delay the performance of
                     the work.  If EPA agrees  that the delay is
                     attributable to  a  force majeure  (i.e.,  event
                     arising from causes entirely beyond the control
                     of the PRP), the  times  for performance that is
                     directly  affected  by the force majeure may be
                     extended;

                     The requirements  for the establishment  of a
                     Trust Fund necessary to finance the obligations
                     of the PRP  under the terms  of the Settlement
                    Agreement.  This section would also describe

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                              3-7

         the method  for  the PRP to reimburse  the EPA
         for past  response costs,  oversight  response
         costs, and future response costs;

         PRP insurance requirements;

         Dispute resolution procedures, i.e., mechanisms
         to  resolve  disputes  arising  under   or  with
         respect to the Settlement Agreement;

         The stipulated penalties for  violations to the
         conditions   of  the   Settlement  Agreement.
         Language  is  also included which details when
         the EPA or PRP has the  right to sue or take
         administrative actions against the other party
         for any claims related to  or arising  from any
         response  action taken with respect to  the site
         or Settlement Agreement;

         The  right for  EPA to be  provided  access to
         copies   of  all  documents   and  information
         relating  to site activities and implementation
         of the Settlement Agreement.  It also describes
         the  time  requirements of the PRP to  preserve
         and retain all  records  that  relate in any way
         to the  site;

         Requirements for making modifications to the
         Settlement Agreement;  and

         Requirements  for  community   relations  and
         opportunities  for public comment.
     3.2.10  Concluding Sections

     The concluding sections of the  Settlement  Agreement include
the following sections:

          Addresses  of EPA  and  PRP  for  notices  and
          submissions;
          Effective   and   termination  dates
          Settlement Agreement; and

          Signatories.
of  the

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                            CHAPTER 4

                    REMEDIAL DESIGN OVERSIGHT


     The Remedial Design establishes the general size, scope, and
character of a  project.   It details and  addresses  the technical
requirements of the Remedial Action.  Remedial Design begins with
preliminary design and ends with the completion of a derailed set
of engineering plans and specifications.

     There are two approaches to Remedial Design: performance-based
and definitive.   In a performance-based  design,  basic technical
specifications   are   developed,    containing  the   performance
requirements  for the  work.   The  Remedial  Design  Professional
focuses  on defining  criteria  and  process  limits.    It  is the
Remedial  Action  Constructor's  responsibility  to  implement  a
remedial plan that achieves those technical specifications.

     In  a  definitive design,  information is provided  on system
integration and on  appropriate equipment  for each  unit process.
The designer chooses equipment,  dimensions,  controls, size, shape,
materials, and  installation details.   The  constructor builds to
these definitive plans and specifications.

     In  many  situations,  a mixed design  approach is used.  This
often occurs  for designs  incorporating an innovative or emerging
technology  for  which  there  is  relatively  little  information
available.  In  this  instance,  the designer may use a performance
specification for the innovative technology and a definitive design
for all  other aspects.

     Figure 4-1 presents  a flow  chart illustrating the Remedial
Design   process  of  the  focused .approach  to  oversight.    The
"diamonds" in the figure represent  decision or  review points that
are the RPM's responsibility and are  considered  critical to the
quality  and success of the project.

4.1  STANDARD REMEDIAL DESIGN TASKS

     Before commencing  Remedial Design, it is often necessary to
perform  design related tasks (e.g.,  data gathering and treatability
studies).  In addition, there are other activities required  to be
performed  during the actual design process to support the design
 (e.g., establishing design criteria and a  delivery strategy,  value
engineering  study,  and  community  relations).   The  following
standard tasks  are  commonly required in a PRP performed Remedial
Design,  either  as prerequisites to the design  or as part of the
actual  design.

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4-2
FIGURE 4-1
REMEDIAL DESIGN OVERSIGHT PROCESS
PRP

RD/RA
f
SETTLEME
i
SELECT RD
PROFESSIONAL "
t
PREPARE RD WORK PLAN _

i ,

DATA
COLLECTION/TREATABILITY 4
STUDY
t
PRELIMINARY DESIGN —
i i

t
INTFRMPniATP nP

INITIATE RFMFniAl ACTIDM -


! EPA OVERSIGHT OFFICIAL
.
. ROD
f
NEGOTIATIONS
l T
!NT AGREEMENT
1


1 1 '

1
i JL i
1 NO / \ 1
1 — — 	 vAPPROVA^ .
1 \S I
«i YES T ,
•i i
i i
] »•[ REVIEW PRELIMINARY DESIGN
1 y*v 1
1 NO / \ |
i \?y^ '
i \S i
i YES I ,
i ' i

1^ — »• REVIEW INTERMEDIATE DESIGN (OPTIONAL)
1 |


• ^" REVIEW PRE-FINAL/FINAL DESIGN
' » ^ix
, ^\^7
f
i |

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                               4-3

     4.1.1  Design Investigation

     It is unlikely  that all the data required  for the Remedial
Design  was  collected  during  the  remedial  investigation  and
feasibility study  (RI/FS)  phase.   Some RODs  prescribe remedies
contingent on  the  results of additional testing or treatability
studies.   Additional  field  data may  need  to be  collected  and
evaluated,  including  geotechnical  investigations,  groundwater
sampling,   and   surveys    (property,    utility,   right-of-way,
topographic).   Usually this  information  is required  before  the
significant progress can be made on the design.
     4.1.2  Design Support

     During  the   initial   preliminary  design  phase,  concepts
supporting  the technical  aspects  of  the  design are  defined in
detail.  Much of the information is based on the results of field
data and treatability  studies  that may have been completed since
the  RI/FS.    These  design criteria  supplement  the  information
provided in the "Pre-Design Technical  Summary"  and are commonly
summarized in a report format that  usually addresses the following
items:

          Summary of available data;

          Design   assumptions   and   parameters    including
          "Applicable    or    Relevant   and    Appropriate
          Requirements"  (ARARs), design restrictions,  and so
          forth;

     •    Process design and performance criteria;

     •    Long-term monitoring and operation requirements;

          Real estate, easement,  and permit  requirements; and

          Cleanup verification methods.

     Besides  the  design criteria,  which  primarily address the
project's technical  issues, the designer must devise a strategy
for  delivering the project.  This is the  management  approach to
carry  out  the design  and  implement the  Remedial Action.   It
normally discusses the following items:

          Procurement  method and contracting strategy;

          Phasing  alternatives

          Health and safety considerations;

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                                4-4
           Review requirements;

           Design schedule;

           Contractor,  labor,
           concerns; and
and  equipment  availability
           Requirements  for  addressing  sampling  and  data
           gathering methods  (Field Sampling Plan),  quality
           assurance  considerations   (Construction  Quality
           Assurance Plan), and air emissions and spill control
           requirements (Contingency Plan).


      4.1.3  Plans and Specifications

      The_goal of Remedial Design is to produce a  detailed  set  of
 engineering plans and specifications that are consistent with the
 technical criteria established  for the design.    These  documents
 present the design information in  the detail appropriate for the
 requirements of the project.
      4.1.4   Construction Cost Estimate

      An  important element of  Remedial Design  is to prepare  a  cost
 estimate for the  construction  activities  covered by the design.
 The>PRP  will need this information in order to plan for Remedial
 Action.   Unless required by the Settlement Agreement, the  PRP is
 not  required to share the  cost estimate with EPA,  although  this
 information  might be  beneficial in cost  negotiations,  i.e.
 minimis  settlements.
     4.1.5  Construction Schedule

     A construction schedule is developed to identify major tasks,
determine  their duration,  and establish  milestone dates.   Key
issues that may affect the schedule should also be identified.
4.2  REMEDIAL DESIGN REVIEW

     During  Remedial   Design,   EPA  monitors  and  reviews  the
performance of the PRP.   The  Oversight Official provides technical
assistance to  EPA in this  process.  An  approval of any  of the
Remedial  Design work  elements  at  any stage  by  EPA  in  no way
guarantees the success or failure of the ultimate  remedy.  This is
analogous^to a  city issuing  a  building permit to a developer for
construction of a building.    The permit  does not guarantee the

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                               4-5

building will be structurally sound, it merely indicates compliance
with the minimum design criteria and standards of the city for such
buildings.  The soundness of the building's construction is still
the complete  responsibility of the owner.   Similarly,  EPA review
and approval of a PRP's work plan or design merely assesses their
acceptability with regard to  Remedial Action goals in accordance
with the  ROD and  the Settlement Agreement.   It does  not warrant
that the specified performance standards will be met.


     4.2.1  Review of Remedial Design Professional Qualifications

     The  PRP is  responsible  for  selecting the  Remedial  Design
Professional,  subject  to  the  approval  of  EPA.   Selecting  a
qualified  designer  with the  training,  experience,   staff,  and
capabilities consistent with the scope of work is an important step
towards  completing  a quality constructed project.   Factors that
should be considered in evaluating a Remedial Design Professional's
qualifications  include the  following:

          The  professional  and   ethical   reputation  as
          determined by  inquiries  with  previous clients and
          other references;

          The principal  and other  responsible members  of the
          firm  must  be registered  professional  engineers;

          The  Remedial   Design  Professional  should  have
          demonstrated   qualifications   and   expertise  in
          performing the specific design services required for
          the project, including knowledge  of codes or other
          governmental regulations; and

          The Remedial Design Professional  should be able to
          assign or make provision for qualified staff to work
          on the project  and be  able  to complete required
          services within the time allotted.

     The RPM, in conjunction with the  Oversight  Official,  should
review the qualifications of the Remedial Design Professional.  The
resultant analysis  is  used  to  form the  basis of the level  of
oversight employed by EPA during the  Remedial Design process.


     4.2.2   Review  of Remedial Design Work  Plan

     The Remedial Design Work Plan is the  first major  deliverable
and area of focus for the RPM and Oversight Official.  It  is the
PRP's  interpretation of  the Settlement Agreement and the Statement
of Work.  A  thorough review of the work plan is essential since  it

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                                4-6

 sets the course for the PRP's implementation of the design portion
 of the Remedial  Action.   The Remedial Design Work  Plan  should be
 reviewed for its  thoroughness  and approach,  and to  ensure that it
 contains at least the  following items:

           Tentative  formation  of the  design  team;

           A Health and Safety Plan for design activities;

           Requirements for  additional field  data collection;

           Requirements for  treatability studies;

           A schedule for completion of the design;

           Design  criteria and  assumptions; and

           Tentative treatment  schemes.

     The RPM and Oversight Official  should use the results of this
review  and the  evaluation  of  the  Remedial  Design Professional
qualifications to establish the level of initial Remedial Design
oversight  as the  designer begins  the  preliminary design.


     4.2.3  Preliminary Design Review

     The preliminary design  review is the most critical technical
review^ performed  during Remedial Design  oversight.    Since  the
preliminary  design sets  the pattern  and  direction  of  the entire
design  process,  it  is imperative that  any deficiencies  in  the
Remedial Action performance standards  be identified.  Furthermore,
inconsistencies within the  design itself must  be  identified  and
corrected  before  the PRPs proceed  with  the  detailed  design
pubmissions.  Based on the  Settlement Agreement, EPA is required
to  review  and approve this  submission.   The  preliminary design
submittal from the PRP should include the following elements:

     •     Design criteria;

     •     Project delivery strategy;

          Results of  treatability studies and additional
          field sampling;

          Preliminary plans, drawings, and sketches;

     •     Outline of  required specifications; and
  i                                  '           '
          Preliminary construction schedule.

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                               4-7

     In performing  the  preliminary design review,  the Oversight
Official and the RPM use their professional training to assess the
feasibility of the design to achieve the Remedial Action goals in
accordance with the  ROD and  Settlement  Agreement.   The Oversight
Official makes a recommendation to  the  RPM based on the criteria
listed below.  The RPM is responsible for the deciding whether the
design is adequate and if enforcement action is necessary.

     Ultimately  the Settlement   Agreement  and   any  document
incorporated into the agreement set the performance criteria for
the  site.    The preliminary  design review  should evaluate  the
adequacy of the design with respect to all environmental and public
health  requirements.   A review  with  respect  to  environmental
criteria can be done by determining the feasibility of the design
to meet the performance standards.  The preliminary design should
be reviewed with consideration of the following:

          Technical  requirements  of  the  ROD,  Settlement
          Agreement, and ARARs;

     •    Currently accepted environmental protection measures
          and technologies;

          Standard professional engineering practices;

     •    Applicable statutes, EPA policies,  directives, and
          regulations;

     •    Conformance   with   results  of  field  data  and
          treatability studies;

     •    Reasonableness of  estimated quantities  of materials
          specified based on known data; and

          Examination of the construction schedule for meeting
          project completion goals.

     The preliminary design  review is limited to  ensuring that the
design criteria and the delivery strategy are consistent with the
design requirements of the selected remedy.   It should focus only
on the environmental aspects of the design.   The level of review
should initially be limited to the following:

     •    Verifying that appropriate unit processes are
          being employed by the treatment train;

     •    Confirming  that  the  removal  or  treatment
          efficiencies  assumed are  reasonable  for both
          the  process  and  waste  (concentration  and
          volume);

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                               4-8

      •    Checking   that  process  waste  streams  are
          adequately identified and addressed, and that
          flow rates are appropriate;

          Verifying  that  the proposed  siting  of  the
          process  is  appropriate  and  that  any  site
          abnormalities  have  been addressed; and
          i                    '  '        '
          Spot checking  some  (about 10%) of the design
          calculations.

     The review  can  be expanded  if  any of the above areas appear
to be deficient.   Approval of the preliminary design only allows
the PRP to proceed to the next step of the design process.  It does
notDimply acceptance of later design submittals that have not been
reviewed,  or  that   the  remedy,  when  constructed,  will  meet
performance standards and  be  accepted.


     4.2.4  Intermediate Design Review

     The intermediate design review is an optional review and would
normally only  be performed for  larger,  complex designs  or when
required by the  Settlement Agreement.   The design  is reviewed to
determine that comments  from the preliminary  design  review have
been incorporated. If a  value engineering study has been performed
by the  PRP,  the  intermediate design would typically  reflect any
design modifications  resulting from this study.  These changes must
be evaluated for consistency with the ROD.
     4.2.5  Pre-Final/Final Design Review

     The  pre-final/final  design  submittals  are  reviewed  for
consistency with  the ROD  and Settlement  Agreement.    The  final
design submittal package from the PRP should include the following:

     •    Final design plans and specifications;

          Operation and Maintenance (O&M) Plan;

          Field Sampling Plan (FSP).  This defines in detail
          t:he sampling and data gathering methods to be used
          during construction of a project.  It is the basis
          for ascertaining whether the performance standards
          have  been achieved  by  the  Remedial  Action.    A
          description of a FSP can be  found in Guidance for
          Conducting Remedial Investigations and Feasibility
          Studies  Under CERCIA  (U.S.   EPA,  Interim  Final,
          October  1988,  OSWER Directive No. 9355.3-01);

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                               4-9

     •    Construction  Quality Assurance  Plan.    This plan
          describes  the  site  specific components  of  the
          quality  assurance  program.    The  purpose  is  to
          ensure, with a reasonable degree  of certainty, that
          the completed  project meets  or exceeds all design
          criteria,   plans,    and   specifications.     More
          information and the  specific elements to be included
          in  a  Construction  Quality  Assurance Plan can  be
          found in Appendix A; and

          Contingency Plan.   This is written  for  the  local
          affected population  in the event of an accident or
          emergency at the site.  More information describing
          a Contingency Plan and the specific elements to be
          included in a this plan  can be found  in Appendix B.

     The pre-final/final  design review  is  the last review of the
Remedial Design and should be based upon the approved preliminary
and intermediate design  submittals.  The Oversight Official and RPM
assess the  acceptability of  the  final  design submittals  on the
basis of the same considerations used for the preliminary design.
The approval of  the final  design is acceptance that  the project may
proceed to the next step; i.e., community relations activities and
preparation of a Remedial Action Work Plan.
4.3  COMMUNITY RELATIONS

     At the conclusion of the Remedial Design, the RPM distributes
to the community and other interested persons, a fact sheet on the
final engineering design.   The fact sheet enables EPA to inform the
public about activities related to the final design, including the
schedule for implementing the Remedial Action, what the site will
look like during  construction,  the  roles  of  the PRP and EPA, the
Contingency Plan, and any potential inconveniences such as excess
traffic and noise.  The RPM should also provide an opportunity for
a public briefing to be held near the site prior to initiation of
the Remedial Action.  A public briefing could address issues such
as construction schedules,  changes  in traffic patterns,  location
of monitoring equipment, and the methods in which  the public will
be informed of progress at the site.

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                            CHAPTER 5

                    REMEDIAL ACTION OVERSIGHT


     After completion of the Remedial Design, the Remedial Action
begins,  during which  the  actual implementation  of  the remedy
occurs.   Figure 5-1 presents  a flow chart  that illustrates the
Remedial Action process of the  focused approach to oversight.  As
in Figure 4-1,  the  "diamonds" represent critical decision or review
points required of the RPM.

     The RPM may use a high level of oversight  at the onset of the
Remedial Action as determined  by requirements  specified in the
Settlement  Agreement,   the  complexity  of   the   remedy,   past
performance of the  PRPs, the qualifications of the PRPs1  design and
construction teams (including the Independent Quality Assurance
Team)  and  any  other  relevant  factors  affecting the  design and
implementation of the Remedial Action.  The level of this oversight
may then be adjusted accordingly as implementation proceeds based
upon the actual performance of  the Remedial Action Constructor.
The objective of the oversight program is  to  focus the RPM efforts
on  the  most   significant  aspects  of  the   project  such  as
environmental protection,  consideration of public health concerns,
overall quality, scheduling,  major changes due  to  changed field
conditions, emergency actions, and project close-out.


5.1  REMEDIAL ACTION REVIEWS

     During  Remedial  Action,   EPA   monitors   and   reviews  the
performance of the Remedial Action  Constructor in  building the
project.   It  is the PRP's responsibility to ensure  the Remedial
Action Constructor meets  the  quality standards  specified by the
design and accepted trade  practices.   EPA,  through  the Oversight
Official,  monitors and reviews  the work of  the PRPs  on the basis
of defined  applicable  standards,  in  this case, approved design
plans and specifications and the Construction Quality Assurance and
Quality Control  Plans.    It is  inappropriate  for the Oversight
Official  to  direct  or  determine  the  means  and  methods  of
construction.   Clearly defining these  roles, and adhering to them,
ensures  that  the  responsibility  and   accountability  of  the
construction project remains with the PRP.

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                                                             5-2
FIGURE 5-1
REMEDIAL ACTION OVERSIGHT PROCESS
PRP


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                               5-3

     5.1.1  Review of Remedial Action Work Plan

     The Remedial  Action Work  Plan is the  basis for  the  PRP's
approach to  the  implementation of the designed  Remedial Action.
The work plan may be a negotiated  part of the Settlement Agreement
or it may be  a required  submission  under  the agreement.  As with
the Remedial  Design  Work  Plan,  the  RPM  and  Oversight Official
should thoroughly review the work  plan to ensure that the PRP will
use a sound approach to the Remedial Action.

     The Remedial  Action Work Plan should be  reviewed to ensure
that it addresses the following:

          Tentative  formulation of  the  Remedial Action
          Team, including the key personnel, descriptions
          of  duties,  and  lines  of  authority  in  the
          management  of the construction activities;

     •    Description of the roles and relationships of
          the  PRP,  PRP  Project  Coordinator,  Resident
          Engineer,  Independent Quality Assurance-Team,
          Remedial  Design  Professional,  and  Remedial
          Action Constructor;

          Process  for selection of the Remedial- Action
          Constructor;

          Schedule   for  the  Remedial Action and  the
          process  to  continuously  update  the project
          schedule;

          Method  to implement the Construction Quality
          Assurance  Plan,   including   criteria  and
          composition  of   the   Independent  Quality
          Assurance Team;

          A Health and Safety Plan for field construction
          activities;

          Strategy for implementing the Contingency Plan;

          Procedure  for  data  collection   during  the
          Remedial Action  to validate the completion of
          the project; and

          Requirements for project  closeout.

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                                5-4
       •i    , •       •       '         '      ''          '                N1
      5.1.2  Review of Remedial Action Constructor Qualifications

      The PRP  is responsible  for selecting  the Remedial  Action
 Constructor,  whether through a competitive bidding  process  or the
 assignment of PRP "in-house" resources.   EPA reviews and approves
 the  selection  of   the  Remedial  Action  Constructor  using  the
 following criteria  for guidance:
         . '"IP ,        '            I       • • '  .         >     .,:       .' •'
           An   evaluation  of the  professional  and  ethical
           reputation as determined by inquiries with previous
           clients and other references;

      •     The Remedial Action Constructor should have previous
           experience in the type of  construction activities
           to  be  implemented;

      •     A demonstrated  capability to perform  the  specific
           construction activities required;  and

      Again, as with the Remedial Design Work Plan, the RPM and the
 Oversight   Official   will   use  this  evaluation  to  assist  in
 determining  the  initial   level  of  oversight   required   for
 construction  activities.
     5.1.3  Independent Quality Assurance Team Qualifications

     Quality  assurance is planned and  systematic  actions by the
PRP to provide confidence  that the constructed remedy meets project
requirements.  The  Independent  Quality Assurance Team is used to
provide this level of confidence to the PRP by selectively testing
and inspecting the  work of the  Remedial  Action Constructor, and
ensuring the Construction  Quality Control Plan is being effectively
implemented.  The members  of the Independent Quality Assurance Team
are  representatives   from  independent  testing  and  inspection
organizations  responsible  for  examining  and  testing  various
materials,  procedures, and  equipment  during  the  construction.
Since the PRP, as the owner,  is  responsible for the  quality of the
remedy, the Independent Quality Assurance Team is retained by the
PRP.  They may be separate consultants working  for the PRP under
a contractual  relationship or they might  be  "in-house" personnel
assigned to the project.    EPA reviews  and approves the selection
of  the  Independent  Quality  Assurance  Team  using  the  following
criteria for guidance:

          An  evaluation  of  the  professional  and  ethical
          reputation as determined  by inquiries with previous
          clients and other references;

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                               5-5

     •     The qualifications and expertise of the inspection
          personnel should be commensurate with the scope of
          the project;

          Confirmation  that the  Quality  Assurance team is
          truly independent and autonomous from the Remedial
          Action Constructor; and

     If a PRP elects to use "in-house" resources to implement the
Remedial Action, it is inappropriate for PRP "in-house" personnel
to also be  used for quality assurance.   It  is  necessary for the
Quality Assurance Team be completely independent of the constructor
so the results of the quality assurance are unbiased and objective.
In this situation,  it is preferable that EPA utilize the Oversight
Official to provide Independent Quality Assurance services.
     5.1.4  construction Quality Assurance and Control Plans

     The focused approach to Remedial Action oversight is directed
at the implementation of the Construction Quality Assurance and the
Construction  Quality Control  Plans.   It involves  both quality
assurance,  a planned system  of activities  by  the Independent
Quality Assurance Team to provide confidence that the facility is
constructed  as  specified in  the design; and  quality  control,  a
planned system of inspections and tests performed by the Remedial
Action Constructor to directly monitor and control the quality of
the construction project.

     The Construction Quality Assurance Plan is  normally prepared
by the Remedial Design Professional and is submitted with the final
design.   It  is  the  responsibility  of the Resident Engineer to
implement it  through  the Independent Quality Assurance Team.  The
use of the Independent Quality Assurance  Team will provide for an
unbiased implementation of the Construction Quality Assurance Plan.
More information and  the specific elements to be included in this
plan can be  found in  Appendix A.

     Construction quality control  should be a requirement on all
construction  projects.    The   Remedial  Action  Constructor  is
responsible  for  all  activities necessary to manage, control, and
document  work  so  as  to  ensure  compliance  with the project
requirements,  i.e.,  plans and  specifications.   The Construction
Quality Control Plan is prepared by the Remedial Action Constructor
and it should be indicative  of the scope and complexity of the work
as well  as the project requirements.   It is the Remedial Action
Constructor's management tool and should  include:

          A  description of  the organization providing
          quality control, including lines of  authority;

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                                5-6

      •    The name,  qualifications, duties, responsibilities,
           and authorities of each person  assigned a quality
           control function;

      •    A  copy of  a signed  letter  which describes  the
           responsibilities and delegates  the authorities of
           the quality control manager;

           Methods   of  performing   the   quality   control
           inspections, including when inspections  should be
           made and what to look for;

           Control testing  procedures  for each specific test.
           T,his includes information which authenticates that
           personnel and laboratories performing the tests are
           qualified and the  equipment and procedures  to be
           Used complies with applicable  standards;

           Procedures for scheduling and  managing submittals,
           including   those   of   subcontractors,   off-site
           fabricators, suppliers,  and purchasing agents;  and

      •     Reporting procedures including frequency of reports
           and report formats.

      The Oversight Official should assist the RPM in reviewing each
of the above plans.   The review should focus on  determining that
the  ^Construction  Quality  Control  Plan  is   consistent  with the
requirements  of  the  plans  and  specifications,  and  that the
Construction  Quality   Assurance  Plan  ensures   the   performance
standards   will  be   met.     The  review  should  examine  the
appropriateness  and the frequency  of the tests and  inspections
identified in both  plans.   Reviewing  the  Construction  Quality
Assurance  and Quality Control Plans  will assist  the Oversight
Official in  developing a strategy to  spot  check the PRP's quality
assurance  program.
5.2  PRE-CONSTRUCTION CONFERENCE

     The PRP will initiate a pre-construction conference prior to
the start of construction on the project.  The participants would
include representatives  of  all parties  involved  in the Remedial
Action ;(e.g.,  RPM,  Oversight  Official,  PRP,  Remedial  Design
Professional,  Independent Quality  Assurance Team,  and Remedial
Action Constructor).  The purpose of this meeting is to establish
relationships among all  parties involved in  the  Remedial  Action
implementation.  The agenda should include:

          Introduction of the members of each team;

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                               5-7

     •     Discussion of EPA's expectations for the project;

     •     Review of  general  project scope and  requirements
          specified in the Settlement Agreement;

          Review of the final Construction Quality Assurance
          and Quality Control Plans;

          Review of the project schedule;

          Establishment of scheduled meetings  and briefings
          during construction;

     •     Review of roles and responsibilities of all parties;

          Review of document control procedures;

          Discussion of all key issues, concerns, and project
          goals;

          Procedures to resolve disputes or misunderstandings
          during construction;

          Review of  emergency  actions  and  the Contingency
          Plan; and

     •     Review of  endpoint activities and procedures  for
          project completion.

     The tone of this meeting will  help  the  RPM to determine the
level of oversight necessary for the project.


5.3  REMEDIAL ACTION IMPLEMENTATION

     5.3.1  Remedial Proiect Manager

     It is the RPM's responsibility  to monitor PRP compliance with
the  Settlement Agreement  and all  documents and  plans  included
therein by incorporation  or reference.   The  RPM uses all  the
information and interactions to monitor PRP compliance and has the
flexibility to adjust the  level of  oversight as determined to be
necessary.  The  following  defines the RPM's  role during Remedial
Action Construction:

          Conduct  progress  meetings with   the PRPs  on  a
          periodic basis  during remediation to address  the
          status of  project  construction,  schedule changes,
          test results, observations and findings, issues of
          non-compliance,   change   orders,   and   upcoming

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                      5-8

 activities.   The frequency of  the  meetings  depends
 on the environmental significance of site activities
 and  the level of oversight desired;

 Ensure  that  construction  activities are not
 endangering   public  health   and   that  the
 Contingency  Plan is implemented in the  event
 of an accident or emergency;

 Monitor the  construction  quality assurance
 program  including  review of the  sampling
 results and  testing data  from the  PRP and
 Independent  Quality Assurance  Team,  and the
 Oversight Officials' summary of all inspection
 Reports;

 Coordinate  interaction among  all  government
 entities  involved,  including  the  State and
 local municipalities;

 Enhance community relations  by accompanying
 representatives of the public or other agencies
 during  site visits;

 Document all contacts with the  PRPs concerning
 implementation  of  the Remedial   Design and
 Remedial Action;

 Verify  that  the  work  required  under  the
 Settlement Agreement is complete, and initiate
 project closeout activities;

 Ensure  that the PRP is in compliance with the
 Settlement Agreement. If it is  determined that
 the PRP is failing to comply with the terms of
 the Settlement Agreement,  approach  the problem
 in a constructive manner:

 -    Identify the problem and devise corrective
     actions  that  are consistent with  the
     Settlement Agreement;

-    Document  all  contacts  with  the  PRPs
     concerning   the  inadequacies  of   the
     implementation;

-    Discuss  the  proposed  correction  action
     with Regional  management  to  ensure the
     RPM is maintaining a  consistent Regional

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                               5-9

               approach in overseeing the PRP's response
               activities; and

               Contact the Office of Regional Counsel for
               advice  on  how to  proceed  in the  event
               enforcement becomes necessary.


     5.3.2  Independent Quality Assurance Team

     The  responsibilities of the Independent Quality  Assurance
Team include  implementation of the activities specified  in the
Construction Quality Assurance  Plan (e.g.,  inspection,  sampling,
documentation).    Quality assurance  is planned  and  systematic
actions by  the  PRP  to provide confidence  that  the  constructed
remedy  meets project  requirements.    The  Independent  Quality
Assurance Team is used to provide this level of confidence to the
PRP by  testing  and  inspecting  the work  of the  Remedial  Action
Constructor.  Typical activities may include:

          Submitting blind  samples  for  analysis  by the
          quality control  inspection personnel and one
          or more independent laboratories;

     •     Confirming that regular  calibration of testing
          equipment is properly conducted and recorded;

     •     Verifying that testing procedures are conducted
          consistently and in the prescribed manner;

          Confirming  that  the  test  data  is  properly
          recorded,     validated,     maintained,     and
          interpreted;

          Reporting the results  of the quality assurance
          activities to the PRP,  including:

          -    Review  and  interpretation  of  all data
               sheets and reports;

               Identification  of  work  that should be
               accepted,  work that  should be rejected,
               and work that may require special testing;

     •     Providing  copies  of   test  results  to  the
          Oversight Official and  RPM;

          Verifying    that    implementation    of   the
          Construction  Quality   Control  Plan  is  in

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                               5-10

          accordance  with   the  Construction  Quality
          Assurance Plan; and
           ijlH '    "                      '

          Maintaining a  communication and coordination
          felationship  with  the  Oversight  Official
          concerning  quality assurance  activities  and
          test results.
     5.3.3  Oversight Official

     The Oversight Official reports to the RPM and supports the RPM
in monitoring  PRP compliance with the  Settlement  Agreement,  the
plans and specifications,  and  the Construction Quality Assurance
and Quality  Control Plans.   Responsibilities  that  the RPM  may
assign to the Oversight Official include:

     •    Attendance at the pre-construction conference,
          progress briefings, and any other meetings  as
          required;

     *    Making  on-site  observations  of  the work  in
          progress to determine if the work is generally
          proceeding in accordance  with the  plans and
          specifications,  and  the Construction Quality
          Assurance and Quality Control  Plans.  The role
          of the  Oversight Official is to monitor the
          PRP's quality assurance program;

          Immediately    notifying    the    authorized
          Representative   of   the   Remedial  Action
          Constructor or PRP of any observed activities
          presenting    imminent    and   substantial
          endangerment  to the public health  or welfare
          or  environment,   and following  up  with  an
          appraisal of  the situation to  the RPM  (see
          section 5.4);

          Reporting to  the  RPM any  actions that the
          constructor and/or the PRP take in interpreting
          contract documents in a way that may materially
          affect the work in progress or intent of the
          plans and specifications;

          Reviewing change  orders, work  directives, and
          contract modifications  made  by the  Remedial
          Action Constructor for  consistency with the
          Settlement Agreement, and reporting the results
          of  these reviews  to the  RPM;

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                               5-11

     •    Reviewing progress reports of the constructor
          and furnishing the RPM with routine reports on
          the schedule and progress of work;

     •    Maintaining a diary or log of observations at
          the  site,  including  interactions  with  all
          parties,  results  of tests,  site  visits,  and
          questions,  concerns   or discussions  about
          conformance with the approved design plans and
          specifications;

     •    Reviewing perimeter monitoring data submitted
          to  evaluate if the  action  levels have been
          exceeded and if so, verifying that corrective
          actions were promptly taken;

     •    Reviewing   certificates,    operations   and
          maintenance manuals,  and other data  required
          to   be  assembled   and   furnished   by  the
          constructor;

     •    Attending the  pre-final/final  inspection and
          reviewing the  punch list of  items  requiring
          correction.   Verifying  that  all punch list
          items have been completed or corrected; and

     •    Reviewing deliverables (e.g.,  Remedial Action
          Work Plan, Construction Quality Control Plan,
          and Project Closeout Report)  submitted by the
          PRPs.

     The Oversight Official  is a representative of the EPA and does
not have  authority to authorize any deviation  from  the contract
documents or assume any of the responsibilities of the constructor,
subcontractor, or their superintendents.  This includes advisement
on  or  issuance  of  instruction  concerning  the  constructor's
techniques or performance of duties.
5.4  IMMEDIATE DANGER AND EMERGENCY RESPONSE

     In the event any action during the performance of the remedial
activities  causes or threatens  a release  which may  present  an
immediate danger to the on-site construction workers, the PRP shall
take actions  in  accordance  with the Health and  Safety Plan.   If
there is a substantial danger is to the off-site public health or
environment,  the  Contingency  Plan  (see  Appendix  B)  shall  be
implemented.    This  plan  is  written for  the  local  affected
population.  In either case, the EPA shall be notified.

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                               5-12

     During an emergency, the RPM and the Oversight Official should
closely  monitor the  situation  to  determine that  the Health and
Safety Plan and Contingency  Plan are being implemented.  EPA does
have the Authority stop work on the site if the conditions present
an  imminent and substantial  endangerment to the public health or
welfare or environment.


5.5  PRE-FINAL/FINAL  INSPECTION

     The  PRP  conducts  the   pre-final  and  final  inspection  of
completed work with EPA,  the Oversight Official,  and other agencies
with a  jurisdictional interest  in  attendance  (e.g.,  the State).
The purpose of the inspection is  to determine if all aspects of the
plans and specifications have been  implemented at the site.  If any
items have  not been completed the  PRP  will  develop a punch list
which details the outstanding items still requiring completion or
correction before acceptance  of  work.  Acceptance  of work may not
be  granted until  the  startup and operation of treatment systems.
This may  also  include a demonstration that performance standards
have been met.

     The RPM and the  Oversight Official should take careful notes
of all corrective and extra work required to meet the requirements
of  the  design plans  and specifications.   These  notes  should be
carefully compared to the punch  list developed by  the PRP.

     A final inspection  should be conducted when all the items on
the  punch list  have  been completed.    All  items  indicated  as
requiring correction  on  the punch list should be reinspected, and
all tests that were originally unsatisfactory should be conducted
again.  A final punch list should be developed for  any outstanding
deficiencies still requiring  correction.
5.6  PROJECT CLOSEOUT REPORT

     At the completion of the Remedial Action and correction of all
punch list items, the PRP (usually the Resident Engineer) prepares
a Project Closeout Report which certifies  that all items contained
in the Settlement Agreement and any incorporated documents (e.g.,
plans and specifications) have been completed. The report includes
documentation   (e.g.,   test   results)   substantiating  that  the
performance  standards have been  met and also  includes  "Record
Drawings"  of the project.   The  Oversight Official  reviews  the
Project  Closeout  Report  and  verifies  that  all  changes  and
variations from  the  original  contract drawings  have been made on
"Record Drawings".

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                               5-13

     The RPM  then  initiates the project  completion  and deletion
process as described in Procedures for Completion and Deletion of
National Priority  List Sites",  OSWER Directive  9320.2-3A,  EPA,
April 1989.

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                            APPENDIX A

              CONSTRUCTION QUALITY ASSURANCE  PROGRAM
A.I  INTRODUCTION

     The  terms   quality  assurance  and  quality   control  are
frequently,  and erroneously, used interchangeably.  Since quality
control  is  a  part  of  quality  assurance,  maintaining a  clear
distinction between them  is  difficult  but  important.   Quality
assurance is planned and systematic actions  necessary to provide
confidence that the construction  will  perform satisfactorily and
conform with project requirements. Quality control is the project
specific activities that apply the quality assurance policies.

     If strict construction related quality assurance and quality
control guidelines are established and followed, the project will
be constructed according to the project's  requirements.   The PRP
is  responsible for  establishing  the  quality  assurance  program
appropriate for the proposed action,  and  to provide adequate funds
to  implement  the  program.   The  constructor is  responsible for
implementing  and  maintaining  the  construction  related  quality
control program.   The exact scope  of the  quality assurance program
and its relation to the quality control program should be clearly
explained to the constructor before construction begins.
A.2  CONSTRUCTION QUALITY ASSURANCE PLAN

     The Construction  Quality Assurance Plan is  a  document that
describes the  site  specific components of  the  quality assurance
program.  The  purpose  is to ensure, with a reasonable degree of
certainty, that  a  completed project meets  or exceeds all design
criteria, plans,  and specifications.  Although the overall content
of the  Construction Quality Assurance  Plan depends  on  the site
specific nature of the  site,  at a minimum, several elements should
be included in the plan.   These elements are briefly summarized as
follows:

     •    Responsibilities    and    authorities   of   all
          organizations  and key personnel  involved  in  the
          design and construction of the site remediation;

     •    The  qualifications   of  the   quality   assurance
          personnel to demonstrate they possess the training
          and experience necessary to fulfill their identified
          responsibilities;

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         •• ';,                    A-2

      •    the  observations and  tests  that will  be used to
          ijlohitpr   construction,   and  the   frequency  of
          performance  of  these activities;

          The   sampling  activities,   sample  size,   sample
          locations,  frequency  of  testing,  acceptance and
          rejection  criteria,  and  plans  for implementing
          corrective measures as addressed in the plans and
          specifications;  and

      •    Description   of the   reporting   requirements  for
          quality  assurance  activities including such items
          as   daily   summary  reports,   schedule  of  data
          submissions,   inspection  data   sheets,   problem
          identification  and  corrective  measures  reports,
          evaluation   reports,   acceptance  reports,   final
          documentation.   Also  describe  the  provisions for
          the  final  storage  of  all  records consistent with
          the requirements of the Settlement Agreement.

     Although  quality  assurance is,  by definition, a system of
overview activities, the  Construction Quality Assurance Plan must
also  include a  detailed description of the inspection activities
that will be used to monitor and control construction quality.  The
Construction Quality Assurance Plan documents the  PRP's commitment
to quality assurance and is tailored to the specific project to be
constructed.   An example  of  a quality assurance program  can be
found  in  Technical  Guidance Document:    Construction  Quality
Assurance for Hazardous Waste Land Disposal Facilities, U.S. EPA,
October 1986, OSWER Directive 9472.003.

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                            APPENDIX B

                         CONTINGENCY PLAN
The Contingency  Plan is  written to  protect the  local  affected
population  in  the event  of an  accident or  emergency.    It  may
incorporate  an  Air  Monitoring  Plan  and  a Spill  Control  and
Counter-measures Plan, if applicable, for the site.  The following
is  a  preliminary  list of  items  that  could  be  included in  a
Contingency Plan.

          Name of  person  responsible for responding  in  the
          event of an emergency incident;

     •    Plan and date  for  meeting with the local community,
          including local, State and Federal agencies involved
          in the cleanup, as well  as local  emergency squads
          and hospitals;

     •    First aid  and medical  information including names
          of personnel trained in  first  aid;  clearly marked
          map with the  loactions of  medical facilities;  all
          necessary  emergency  phone numbers; fire,  rescue,
          local  hazardous  material   teams;  and  National
          Emergency Response Team;

          Air  Monitoring Plan  -  Air  monitoring  will  be
          necessary at any  site  when the site-specific risk
          assessment specifies a risk via the inhalation/air
          transport pathway. This section details the minimum
          requirements for air  monitoring both on-site and at
          the  perimeter   of  the   site.    The   chemical
          constituents identified at the site as part of the
          risk assessment should be  the  basis for pollutant
          sampling and  measurement  of   pollutants  in  the
          atmosphere.  Air  monitoring may include personnel
          monitoring, on-site and/or of f-site area monitoring,
          and perimeter monitoring.   Trigger concentrations
          to  implement  the   Contingency  Plan  should   be
          specified;  and

     •    Spill Control and Countermeasures  Plan  which will
          provide contingency measures for  potential spills
          and  discharges  from  materials  handling  and/or
          transportation.    It  describes  methods,  means,  and
          facilities   required  to  prevent contamination  of
          soil, water, atmosphere, uncontaminated structures,
          equipment or material from the discharge of wastes
          due to  spills;  provides for equipment and personnel

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to perform emergency measures  required to  contain
any spillage  and to remove and properly dispose of
any media that become contaminated due to  spillage;
and provides  for equipment and personnel to  perform
decontamination  measures  that  may  be required to
remove  spillage  from  previously  uncontaminated
structures, equipment,  or material.
                                 *U.S. GOVERNMENT PRINTING OFFICE: 1990 748-159/00421

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