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Methyl Parathion After-Action Report
Table of Contents
EXECUTIVE SUMMARY 1
SECTION 1. INCIDENT SUMMARY 5
1.0 Overview 5
1.1 Background 6
1.2 Summary of Response Issues 6
1.3 Report Structure 8
SECTION 2. STATUTORY AUTHORITY 9
2.0 Overview 9
2.1 Use of CERCLA Funds and Authority 9
SECTION 3. EPA ACTIVITY IN RESPONDING TO METHYL PARATHION 11
3.0 Overview 11
3.1 Contracts Utilized 11
3.2 EPA Headquarters 11
3.2.1 Office of Emergency and Remedial Response 12
3.2.2 Office of Pesticides Programs 12
3.2.3 Office of Site Remediation Enforcement and
Office of Regulatory Enforcement 12
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3.2.4 Office of Communications, Education,
and Public Affairs 13
3.2.5 Cross-Cutting Workgroups and Committees 13
3.3 EPA Regions 14
3.3.1 Region IV 14
3.3.2 Region V 15
3.3.3 Region VI 17
3.4 Summary of Response Activities 18
SECTION 4. MAJOR EPA POLICY DECISIONS 19
4.0 Overview 19
4.1 Urine Protocol 20
4.2 Cleanup of Residential Rental Properties and Businesses 20
4.3 Relocation and Restoration 21
4.4 Insurance Guidance 22
SECTION 5. SUCCESSFUL PRACTICES 23
5.0 Overview 23
5.1 Internal EPA Processes 23
5.2 Communication 24
5.3 Inter- and Intra-Agency Coordination 25
SECTION 6. KEY ISSUES AND LESSONS LEARNED 27
6.0 Overview 27
6.1 Inter-Agency Issues and Lessons Learned 27
6.1.1 Coordination with ATSDR 27
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6.1.2 Coordination of USACE Support and USAGE
Application Process 28
6.1,3 Lack of Resources in States 28
6.2 Intra-Agency Issues and Lessons Learned 28
6.2.1 Interaction Between Headquarters and Regions 28
6.2.2 Interaction Between EPA Program Offices 29
6.3 Intra-Regional Issues and Lessons Learned 29
6.3.1 Regions 29
6.4 Programmatic Issues and Lessons Learned 30
6.4.1 Enforcement 30
6.4.2 Outreach Efforts 30
6.5 Policy and Legislative Issues and Lessons Learned 31
6.5.1 Policy Considerations 31
6.5.2 Legislative Considerations 31
SECTION?. CONCLUSIONS 33
7.0 Overview 33
7.1 Lessons Learned 33
7.1.1 Communications and Outreach 33
7.1.2 Internal Processes 34
7.1.3 Inter-Agency Coordination .,34
7.1.4 Response Operations 35
7.2 Next Steps 36
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Appendices
Appendix A - Response Activities Timeline A-l
Appendix B - EPA Contact List B-l
Appendix C - Key Policy and Communications Documents C-1
Appendix D - Key Issues and Lessons Learned (Expanded Version) D-l
Appendix E - Development of the Urine Protocol E-l
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EXECUTIVE SUMMARY
The Methyl Parathion After-Action report summarizes the Environmental Protection
Agency's (EPA) response to the improper application of methyl parathion in homes and
businesses. This report focuses on the EPA response effort in three Regions and seven
States. Over 60 EPA Headquarters and Regional personnel [equating to 28.5 Full Time
Equivalent (FTE) positions], more than 550 contractor FTE, approximately 45 State FTE
as well as personnel from other Federal agencies (e.g., Agency for Toxic Substances and
Disease Registry) and local organizations participated in the response. Approximately
5,800 residences were sampled, over 770 households required relocation, and over 1,100
people are in quarterly urine monitoring. EPA's share of the response costs has exceeded
$76 million.
This report describes significant issues, successful practices, and lessons learned that EPA
derived from its methyl parathion response activities. This information was gathered from three
primary sources and fora:
• Policy and communication documents generated by EPA during the response;
• Interviews with EPA Headquarters and Regional personnel; and
• Deliberations that occurred at the Methyl Parathion After-Action Conference.
As EPA encountered many new challenges during the methyl parathion response, the Agency
garnered additional experience and knowledge to facilitate future emergency response work. The
main issues and challenges encountered during the response included the following.
• Determining the appropriate funding and response vehicles for addressing the
methyl parathion clean-up. Because the improper application of methyl parathion
posed a potential threat to human health and the environment, EPA determined
that the Superfund was an appropriate vehicle to conduct the response and
subsequent clean-up and home refurbishment activities; however, this large
response strained EPA's Superfund response resources.
• The widespread geographic nature of the response (involving three Regions, seven
States) posed many challenges for EPA such as ensuring adequate information
exchange and maintaining consistency (e.g., employing similar community
involvement techniques from region-to-region).
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EPA used many successful practices to confront the challenges listed above and ensure an
efficient and productive response effort. A few primary examples are listed below.
• Internal Processes - Roles and responsibilities of EPA personnel were clearly
established, which expedited the response effort and minimized overlap. For
example, the Health Sciences Steering Committee was appropriately staffed, used
a facilitated process, and focused solely on formulating a recommendation for the
testing protocol rather than attempting to develop policy. This approach enabled
the committee to reach consensus in an expedited manner.
• Communication - EPA employed many successful public outreach strategies, such
as utilizing various media sources (e.g., television, print), creating Joint
Information Centers to handle public inquiries, creating a communication toolkit
and multiple language publications, and communicating with the public through
intermediaries (e.g., churches).
• Inter- and Infra-Agency Coordination - Utilizing the support of other agencies
enhanced the response and allowed for bench marking and continuous
improvement efforts. Regions IV, V, and VI, Headquarters, the Agency for Toxic
Substances and Disease Registry (ATSDR), and the United States Army Corps of
Engineers (USAGE) were able to improve their processes and standard operating
procedures by immediately applying the lessons learned during the response
activities. For example, USAGE assisted in addressing EPA's staffing burden by
providing relocation and contract oversight support. Additionally, communication
among EPA Regions, such as information exchange between toxicologists in
Region IV and Region V, strengthened response work.
The Agency held an after-action conference to provide a forum for EPA personnel involved in
the response to identify post-response activities the Agency may wish to perform. The following
three subjects were raised by the attendees:
• Evaluating Inter- and Intra-Agency Dynamics - The Agency may want to consider
analyzing EPA's relationship with other organizations, such as ATSDR, with the
goal of enhancing the working relationship between the organizations.
• Evaluating Laws and Revising or Creating Policy - Relevant EPA program
offices could discuss the ramifications of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and other Acts on the type of situation resulting from
the improper application of methyl parathion. Although this improper application
posed a threat to human health and the environment, EPA's response was not a
"typical" Superfund program activity. By assessing current laws and regulations,
EPA could develop new or revised policy that establishes the Agency's role and
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the process to conduct future emergency residential clean-up and similar types of
activities.
Increasing the State Role - The Long-Term Workgroup should continue to
evaluate the capabilities and interests of the States in assuming responsibility for
methyl parathion emergency response work. The workgroup could develop a
transition paradigm for moving EPA from the role of primary responder to
provider of technical assistance.
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SECTION 1: INCIDENT SUMMARY
1.0 Overview
This report summarizes the United States Environmental Protection Agency's (EPA's) response
to the inappropriate application of the pesticide methyl parathion in homes and businesses.
EPA's involvement in cleanup of the problem began in the spring of 1994. The focus of the
report is on EPA's national policy decisions,
successful practices that enhanced the response
effort, and issues that evolved from the
response. As such, it should be noted that
although, for cost and impact purposes, the
initial response efforts that occurred in Ohio and
Michigan have been identified, the primary
focus of this report focuses on the response
actions taken after these incidents. This report
documents the actions undertaken at the
Headquarters and Regional level of EPA and, as
appropriate, at the State and local level because
of their significant impact on how national
policies were conceived and implemented. This
information was garnered both by on-site
interviews with EPA Headquarters and
Regional response personnel and at the Methyl
Parathion After Action Conference held in
February 1998. This report highlights the
lessons learned from the response and provides
recommendations for potential future actions.
Methyl Parathion - Basic Facts
Methyl parathion is a "restricted use"
pesticide with use limited to farm crops by
licensed applicators.
In the environment, methyl parathion breaks
down rapidly due to interaction with sunlight
and microbes.
When misused in homes, methyl parathion
can remain toxic for months or even years.
Exposure can occur through inhalation,
contact, or ingestion.
Methyl parathion affects the central nervous
system and can cause dizziness, chest pains,
nausea, tremors, blurred vision, and other
ailments, up to and including death.
Sensitive populations, such as children, the
elderly, pregnant women, and people with
other illnesses are particularly susceptible to
the health effects of methyl parathion.
At the height of activity, the response to methyl parathion involved 28.5 EPA Headquarters and
regional FTE, more than 550 FTE contractors, in addition to approximately 45 State FTE and
personnel from other federal agencies and local organizations. EPA's involvement encompassed
activities related to prevention, deterrence, response, and outreach. Specific activities performed
by EPA included providing technical support to State and local governments, conducting
outreach to potentially affected citizens and methyl parathion users, investigating homes and
businesses, decontaminating homes sprayed with methyl parathion, working with Chemi-nova,
the manufacturer of methyl parathion for the U.S., to tighten the control and use of methyl
parathion, and supporting States with enforcement actions.
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1.1 Background
Methyl parathion is a highly acute toxic organo-phosphate pesticide.
Application of methyl parathion is restricted to licensed applicators to
control insects on crops. The pesticide affects the central nervous
system. When properly applied in outdoor settings, methyl parathion
breaks down in a matter of days; if applied indoors, the pesticide can
remain toxic for months or even years.
Between 1966 and 1994, States reported 54 incidents of misuse of
methyl parathion in residential settings. In April 1994, local officials
and officials of the Ohio Environmental Protection Agency discovered
serious contamination of homes and businesses in Lorain County,
Ohio. In response to a request for assistance, EPA, through the Region
V office, investigated 750 sites and decontaminated 232 homes to
habitable conditions through the Superfund program.
In April 1995, a similar incident was discovered in Detroit, Michigan. Four residences and a
homeless mission required decontamination. In November 1996, in Jackson County,
Mississippi, ATSDR and EPA discovered that more than 1,000 homes were contaminated over a
two year period. In December 1996, EPA, at the request of the Louisiana Department of
Agriculture and Forestry, responded to methyl parathion in Louisiana. In April 1997, EPA
discovered a methyl parathion spraying operation in Chicago, Illinois, and subsequently initiated
a response effort in that area. Finally, in May 1997, EPA began conducting response activities in
the Memphis, Tennessee and Jacksonville, Arkansas areas. In each of the above locations,
methyl parathion was discovered at levels that could have harmed human health. As a result,
residents were relocated until their homes could be decontaminated. Also note that discoveries
were also made in Texas City, Texas, however this report does not address that response in detail
because relocation of residents was not required.
1.2 Summary of Response Issues
The majority of indoor methyl parathion use incidents occurred within EPA Regions IV, V, and
VI; however, methyl parathion is legally used in all ten Regions, so the potential for misuse and
new discoveries exists. To reduce the likelihood of new incidents, EPA worked with
stakeholders to develop and implement preventive measures. For example, outreach, through
public service announcements, was performed to warn citizens and provide them with useful
guidance. In addition, EPA worked with the methyl parathion manufacturer to add an offensive
odor to the product and change methyl parathion containers to returnable, refillable containers
usable only with a closed transfer system.
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In responding to the misapplication of methyl parathion, the Agency was faced with budgetary
issues. EPA conducted the cleanup through the Superfund program. Superfund was established
by Congress in 1980 and is funded primarily through taxes on the petroleum and chemical
industries. Because limited options existed for accessing other funding, and because the
magnitude of the incident was not initially realized, EPA was faced with unique challenges.
These challenges included funding the response to ensure public health and safety while still
addressing other activities undertaken through the Superfund program.
Several unique issues were raised during EPA's methyl parathion response. Unlike a typical
"emergency response" action in which a focused effort is undertaken at a specific location for a
limited amount of time, the methyl _
parathion response combined many
aspects of prevention, response, and
recovery over an extended period of time
and at many locations. Because of the
unique conditions of this incident, EPA
had to address commonly experienced
issues in new ways. For example, issues
such as funding, communications,
coordination, and resource access and
deployment were intermingled during all
of the phases of the emergency response
cycle (i.e., preparedness, prevention,
response, and recovery). In addition,
unlike many incidents, EPA also had to
address numerous issues involving
deterrence and enforcement in order to
limit the scope of the incident and ensure
that future incidents would be less likely to occur.
SNAPSHOT:
Key Methyl Parathion Incident Locations
Lorain County. Ohio: 750 sites investigated, 233
sites decontaminated.
Detroit. Michigan: 140 sites investigated, 4 sites
decontaminated.
Jackson County. Mississippi: 2,655 sites
investigated, 452 sites decontaminated.
Louisiana: 2,050 sites investigated, 201 sites
decontaminated.
Chicago. Illinois: 897 sites investigated, 80 sites
decontaminated.
Memphis. Tennessee: 396 sites investigated, 6
sites decontaminated.
Jacksonville. Arkansas: 58 sites investigated, 8
sites decontaminated.
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1.3 Report Structure
The remainder of this report is organized in the following sections:
• Section 2 - Statutory Authority—Highlights the statutory framework for the
response effort and key issues that surfaced.
• Section 3 - EPA Activity in Responding to Methyl Parathion—Focuses on
EPA's implementation activities, including contract management, during all
phases of the incident response, m addition to activities performed by other
responding organizations and inter-agency response activities.
• Section 4 - Major EPA Policy Decisions—Provides descriptions and
explanations of how EPA derived key policy decisions related to the methyl
parathion response.
• Section 5 - Successful Practices—Identifies Agency and overall successful
practices and outcomes resulting from discovery, prevention, deterrence, and
response operations.
• Section 6 - Key Issues and Lessons Learned—Lists key issues and challenges
faced by EPA (and, as appropriate, response partners) that arose during the
response and provides recommendations on how to address these issues and
improve the Agency's ability to respond to comparable incidents in the future.
• Section 7 - Conclusion—Provides a summary of lessons learned and next steps to
be taken to resolve any outstanding issues relating to methyl parathion incidents.
In addition, appendices to this document provide a chronology of key events; a contact list of
EPA personnel that contributed to the report; EPA policy and communications documents that
framed the Agency's actions during the response; detailed information on key issues and lessons
learned during the response; and additional information on the development of the urine protocol.
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SECTION 2: STATUTORY AUTHORITY
2.0 Overview
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of
1980 served as the primary legislative authority for conducting the methyl parathion cleanup. As
a result, the bulk of response activities were funded from the Superfund Trust Fund, with a total
exceeding $76 million in obligations to date. Methyl parathion is regulated under F1FRA as a
residential use pesticide. As such, under section 136i, only licenced applicators are legally able
to use methyl parathion for designated purposes; primarily to spray on farm crops. Since the use
of methyl parathion in homes to control pests does not comply with this stipulation, enforcement
activities conducted by the States were performed pursuant to FIFRA.
2.1 Use of CERCLA Funds and Authority
Early in its involvement, EPA determined that, under CERCLA, the Agency can respond
"Whenever any hazardous substance is released or there is a threat of such release into the
environment..." (Sec. 104.A). EPA acted accordingly using the Superfund Trust Fund.
There was some concern within the Agency over using Superfund to respond to the misuse of
methyl parathion. The Office of General Council's legal review considers the response
appropriate based on the authority in CERCLA to respond to releases or substantial threats of
releases to the environment and the public health impacts of those potential releases. A
committee was created, comprised of both Headquarters and Regional EPA staff, to form overall-
response related policy.
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SECTION 3: EPA ACTIVITY IN RESPONDING TO
METHYL PARATHION
3.0 Overview
EPA responded to the methyl parathion problem with intensive efforts requiring participation of
and collaboration among several program offices, as well as between Headquarters and the
Regions: The Office of Pesticide Programs (OPP) within the Office of Prevention, Pesticides
and Toxic Substances (OPPTS); the Office of Site Remediation Enforcement (OSRE) and the
Office of Regulatory Enforcement (ORE) within the Office of Enforcement and Compliance
Assurance (OECA); the Office of Communication, Education and Public Affairs (OCEPA); the
Office of Emergency and Remedial Response (OERR) within the Office of Solid Waste and
Emergency Response (OSWER) and EPA Regions IV, V, and VI. In addition, EPA's team of
technical experts, the Environmental Response Team (ERT), and EPA support contractors also
assisted response efforts. Several intra-Agency and inter-Agency workgroups and committees
also were formed to address different topic areas (e.g., urine protocol). EPA collaborated with
many government entities throughout the response, such as ATSDR, USAGE, the United States
Coast Guard (USCG), and State and local governments. The following sections provide more
detail on EPA's specific activities.
3.1 Contracts Utilized
During the methyl parathion response, EPA utilized a variety of contract mechanisms and
Interagency Agreements (LAGs). This process allowed the Agency the greatest flexibility in
selecting the most appropriate entity to perform a particular task. For example, the LAG process
allowed EPA to utilize the USAGE'S experience in relocation efforts. Other contracts vehicles
such as Emergency Response Contract Services/Emergency and Rapid Response Services
(ERGS/ERRS) provided the Agency with access to the technical abilities and communications
equipment required in a response action. Further, a contract with the Superfund Technical and
Response Team (START) allowed the Agency access to information management technologies
for the tracking of response activities.
3.2 EPA Headquarters
A diverse selection of EPA Headquarters personnel participated in the response effort. They
served as experts in programmatic and functional areas (e.g., technical response work, financial
management), members of cross-cutting Agency workgroups and committees, liaisons to the
Regions, and in many other capacities. Generally, Headquarters provided technical and financial
assistance to the Regions as they performed technical response, prevention, deterrence, and
outreach activities. Some Headquarters personnel visited the Regions and methyl parathion sites
to assist with response activities. Headquarters personnel also coordinated various outreach
efforts (e.g., fact sheet production, media and Congressional relations). Additionally, staff from
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Headquarters served on various intra-Agency and inter-Agency workgroups and committees,
such as the Ad Hoc Task Force, the Methyl Parathion Steering Committee, the Health Sciences
Steering Committee, the Insurance Workgroup, the Communication Workgroup, and the Methyl
Parathion Policy Workgroup.
3.2.1 Office of Emergency and Remedial Response
EPA Offices Involved in the Methyl
Parathion Response:
OERR:
OPP:
Technical and financial
oversight; outreach; and
committee participation.
Long-term outreach and
prevention activities.
OSRE and Enforcement for Superfund
ORE: and Pesticides.
OCEPA:
Public outreach.
Headquarters personnel from OERR provided
multi-faceted support to the response effort.
For example, several staff members served as
Regional Coordinators for Regions IV, V, and
VI, and one staff member chaired the Health
Sciences Steering Committee. Other
personnel provided management support,
communications support, and various other
means of assistance (e.g., serving as
facilitators, ombudsmen). Since the
Superfund Trust Fund was used as the
primary funding source for the response
effort, financial tracking was another
important function for OERR staff.
Additionally, staff from OERR served on all
of the intra-Agency and
inter-Agency workgroups and committees.
3.2.2 Office of Pesticide Programs
Staff from OPP were responsible mainly for long-term outreach (e.g., integrated pest
management) and prevention activities. Prevention activities, for example, included working
with the manufacturer to modify the methyl parathion product, packaging and distribution, and
developing educational materials for dealers, distributors, farmers, and certified applicators.
Outreach activities focused on educating communities on integrated pest management, proper
pest control, awareness of pesticide poisoning symptoms and improper application. OPP
coordinated the development and dissemination of the public service announcement produced by
Chemi-Nova (the sole U.S. manufacturer and principal registrant of methyl parathion). OPP
published articles for the medical community, the Parent Teacher Association (PTA),
environmental justice and other organizations. OPPTS's participation in the methyl parathion
response effort was coordinated primarily by OPP.
3.2.3 Office of Site Remediation Enforcement and Office of Regulatory Enforcement
Staff from these offices provided Superfund- and Pesticides-related enforcement assistance
during the response effort, contributing in such areas as deterrence (e.g., arrests and fines),
prevention, and outreach. OSRE staff participated in the development of cost recovery strategies,
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such as creating options for pursuing funds, or work, through insurance companies. ORE staff
devoted particular attention to developing the Urban and Residential Pesticide Control and
Enforcement Program Strategy, which was released in May 1997. While the Program Strategy
pertains to all pesticides, the impetus for its development was widespread, illegal use of methyl
parathion. The primary goals of the Program Strategy are to prevent future illegal application of
agricultural pesticides, identify current points of contamination stemming from illegal application
of agricultural pesticides, and initiate enforcement actions against culpable parties. The Program
Strategy also is intended to facilitate intergovernmental cooperation among entities such as State
agencies, local health agencies, and EPA. Cooperation between EPA and State agencies is
particularly important, because during the methyl parathion response, State agencies, through
cooperative enforcement programs, were responsible for the majority of enforcement activities
(e.g., investigations and enforcement actions).
3.2.4 Office of Communications, Education, and Public Affairs
OCEPA provided substantial public outreach support during the response. OCEPA's Press
Relations Division, in particular, disseminated pertinent information via press releases on topics
such as the health risks of methyl parathion misuse and the benefits of using urine testing. In
addition, OCEPA worked closely with Chemi-Nova Agro to have it produce a public service
announcement detailing the hazards associated with pesticides misuse. OCEPA also helped
develop a national communications strategy related to pesticides misuse.
3.2.5 Cross-Cutting Workgroups and Committees
Various administrative forums were developed to facilitate the response process. These groups
were comprised of a variety of government agency representatives to ensure overall
effectiveness. These entities are as follows:
• Ad Hoc Task Force: A combination of EPA senior management drawn upon as decision
makers.
• Methyl Parathion Steering Committee: Conducted daily management, produced
guidance, and identified issues and policies to be raised to the Ad Hoc Task Force
• Methyl Parathion Policy Workgroup: A staff-level group that developed policy
documents and assessed EPA's future role in methyl parathion responses.
• Communications Workgroup: A combination of EPA Headquarters and Regional staff,
and ATSDR, which developed fact sheets, outreach materials, media interaction, and
communications strategy
• Health Sciences Steering Committee: An inter-Agency entity that examined and
recommended the use of appropriate, innovative medical technology.
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• Insurance Workgroup: Included staff from EPA Headquarters and Regions and the
Department of Justice, which evaluated enforcement options and other matters related to
the insurance industry.
3.3 EPA Regions
The focus of this section is on EPA's efforts in responding, to the improper application of methyl
parathion starting with the responses that occurred in Lorain, Ohio, in 1994, and later in Detroit,
Michigan, in 1995 and running through the most recent responses, which in some cases, are on-
going. The response obtained national significance in November 1996, when EPA responded to
a new discovery in Jackson County, Mississippi. Subsequently, EPA also made discoveries in
Orleans Parish, Louisiana, Chicago, Illinois, Memphis, Tennessee, and Jacksonville, Arkansas.
For organizational purposes, in the following sections, the Regions are discussed sequentially
rather than in chronological order. There is significant overlap in the timing of the response
efforts in Regions IV, V, and VI. Thus a timeline of the response is provided in Appendix A for
clarification.
Pascal
3.3.1 EPA Region IV
EPA's response effort in Region IV was initiated
in November 1996 when local health officials in
Mississippi received reports that residents had
become ill after the application of a pesticide in
their homes. After receiving the reports, local
health officials in Mississippi notified the State of
Mississippi Departments of Agriculture and
Health, who sought assistance from EPA Region
IV's, Air, Pesticides, and Toxics Management
Division (APTMD). The State of Mississippi and
Region IV's APTMD then conducted sampling in
several Mississippi homes, churches, and
businesses, and concluded that high levels of
methyl parathion existed in those structures. The town of Pascagoula, located in Jackson County,
Mississippi, was the primary location of the methyl parathion problem. In November 1996, the
State agencies and Region IV's APTMD decided to enlist the support of Region IV's Emergency
Response and Removal Branch (ERRB). ERRB contacted ATSDR, which recommended
immediate relocation for several Mississippi residents based on wipe sample data collected by
APTMD and State officials.
The relocation of residents, which began on November 9, 1996, was coordinated by USAGE,
based on authority designated in an existing Inter-Agency Agreement with EPA. Initially, the
relocation of residents was based on risk management criteria that had been developed by EPA
Region V for the Lorain, Ohio response effort. These criteria were based on wipe sampling as the
primary method to derive response levels. Four response levels were contained in the criteria,
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varying from no action to immediate relocation and decontamination. However, in May 1997,
based on the collection and evaluation of data, EPA determined that urine testing should be used
as the primary testing method. Primarily, this decision was reached because environmental wipe
sampling was found to be an unreliable indicator of threats to human health.
The methyl parathion response effort in Region IV was not isolated to Mississippi, extending to
Tennessee as well. EPA began environmental sampling activities in Memphis, Tennessee on
May 20,1997. As the new urine protocol was already in effect, residents in Tennessee were
provided urine testing to determine exposure levels and potential for relocation. Urine sampling
was performed by the Memphis Shelby County Health Department, while decontamination
activities were coordinated by EPA Region IV and conducted by an ERRS contractor.
Decontamination of the first home began on June 11, 1997, with the USCG Gulf Strike Team
overseeing activities performed by contractors and USAGE managing the relocation effort.
Across the Region, public health education was a critical component of the response effort. EPA
issued several fact sheets, press advisories, and other outreach documents that notified and
educated communities on health effects from methyl parathion exposure, the procedure for
sampling and relocation, proper pest management control, and other pertinent information. This
information was most often distributed through the Region's Joint Information Center (JIC). The
outreach effort was bolstered by ATSDR and USAGE. ATSDR produced several joint press
advisories with EPA that highlighted the health effects of acute and chronic exposure to methyl
parathion. USAGE, which coordinated the relocation effort, created and distributed a relocation
booklet to communities that covered topical areas such as the items that should be brought to
temporary housing locations, the homeowner's continuing responsibilities to their home during
the relocation period, and the protocol for paying bills during the relocation period. Public
outreach efforts by EPA, ATSDR, and USAGE will be discussed in more detail in Section 6.2.
3.3.2 EPA Region V
Region V first experienced extensive methyl parathion
misuse in November 1994 in Lorain, OH. The response
action included the efforts of Region V and Ohio EPA
and resulted in providing response services at 233
residences. The response personnel from the Lorain
incident were tapped for assistance at both the
Mississippi response in Region IV and again in Region
V, in Chicago.
In early April 1997, information given to EPA Region
V personnel from authorities in Mississippi led to the
discovery of a methyl parathion spraying operation in
the Chicago area. On April 9, 1997, EPA seized more
than 20 gallons of methyl parathion concentrate, spraying equipment, miscellaneous empty
containers of methyl parathion, and business records from the home of the applicator, under a
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civil warrant. The applicator was arrested on April 24, 1997 and a press release occurred the
same day, which notified the public of a toll-free hotline available to address their concerns.
A multi-agency task force was assembled to manage the Chicago area methyl parathion problem.
This task force, assembled under direction of EPA, included EPA, Illinois Environmental
Protection Agency (IEPA), Illinois Department of Public Health, (IDPH), Illinois Department of
Agriculture (IDA), ATSDR, Cook County Health Department (CCHD), Chicago Department of
Health (CDOH), Chicago Department of Environment (CDOE), and Illinois Extension Service.
EPA assembled environmental and enforcement sample teams comprised of EPA Pesticides
personnel, IDPH personnel, IEPA, IDA, CDOE, and schedulers from the CDOH to collect wipe
samples from residences. Another team was established by the EPA's Emergency Response
Branch to collect containers of methyl parathion left at homes by the applicator.
Preliminary relocation and assessment activities for the first residence commenced on July 9,
1997. USCG personnel experienced in preliminary assessments trained USAGE personnel for
the task. EPA coordinated with USAGE and the restoration contractor to discuss the response
objectives that resulted from the first residence restoration project that began on July 12, 1997.
An Inter-Agency Agreement with the USAGE to conduct restoration and relocation activities was
signed on July 14, 1997, and the restoration and construction contract was awarded to a private
contractor in July as well.
The decontamination team researched decontamination methods and issues related to other
methyl parathion cleanup projects to produce a formal decontamination procedure. This process
included reviewing the ERT document that indicated the benefits of using oil-based sealants to
decontaminate walls. The team finalized the decontamination procedures and briefed the ERCS
decontamination crew on the process.
A Community Information Center (CIC) was established, including a hotline, to provide citizens
the ability to talk directly with the technical experts about their concerns. Community relations
representatives from EPA, IDPH, and IEPA accompanied environmental sampling teams to fill
out questionnaires and educate residents and their neighbors. They also participated in
distributing fact sheets in neighborhoods prior to decontamination crews beginning work. In
addition, community relations representatives were added to the full time staff at the command
post in response to increased outreach needs. Also, EPA, ATSDR, and local and State health
agencies coordinated the production of various fact sheets, which were produced in multiple
languages, and a program was established to educate health professionals and the public.
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3.3.3 EPA Region VI
In Region VI, the methyl parathion response
was initiated by the Louisiana Department of
Agriculture and Forestry (LDAF) in December
1996. LDAF began the response by
conducting random sampling and initial site
assessments, and discovered that misuse of
methyl parathion was spread across a large
geographic region. On December 26, 1996,
the State of Louisiana requested assistance
from EPA and USAGE in responding to methyl parathion contamination. At that point, LDAF
had already relocated several residents.
The initial information that allowed EPA Region VI to react quickly came from earlier OSC
meetings and other forums, such as the Continuing Challenge Conference, designed for the
exchange of technical information. Region VI recognized that one of the few variables was the
speed of the clean up. Conducting efficient clean up operations would reduce costs and the level
of stress on those dislocated. Region VI also determined that the incident management system,
based on the Incident Command System, would provide an effective approach to conduct the
response.
USAGE assisted in the response by handling the temporary relocation of residents and
contributing to community relations work. USCG also played a role in enhancing the response
effort by overseeing the work of contractor personnel. Community relations efforts were
distributed across the agencies involved with USAGE and USCG contributing to community
relations when EPA personnel were overwhelmed. A dispute resolution process was established
prior to the initiation of response activities. Disputes were anticipated and were realized dealing
with restoration and reimbursement of items lost or damaged in the response. An Ombudsman
was chosen for the position to resolve disputes. However, it was later learned that the regional
Ombudsman position could not direct decisions. As a result, the Superfund Division Director
made final decisions regarding disputes. If needed, complaints or claims would have been sent to
the Regional Hearing Clerk; however, no dispute ever reached this level.
Since the Louisiana response, there have been several discoveries of the illegal application of
methyl parathion in Texas City, TX; Jacksonville, AR; and Alexandria, LA. Region VI was
tapped to assist in the evaluation and cleanup of the sites. Several residences required
decontamination and restoration.
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3.4 Summary of Response Activities
The following table outlines the status of the methyl parathion response work conducted in
Regions IV, V, and VI from November 1996 through April 10, 1998. The table does not reflect
activities and resources expended after April 10, 1998 nor during the Lorain, Ohio and Detroit,
Michigan response effort because the time lapse between the Lorain response and the other
responses, as well as the changes in policy, resulted in two significantly different responses. The
amount of funding obligated pertains only to Superfund resources, and does not reflect other
sources (e.g., State expenditures).
Project Phase
Homes Reported
Sample Activities
Complete
Households
Needing
Relocation
Cleanup &
Restoration
Complete
Current Number
of Residents
Relocated
Current Number
of People in
Quarterly Urine
Monitoring
Businesses
Cleaned Up
Approx. Funding
Obligated
- in millions
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SECTION 4: MAJOR EPA POLICY DECISIONS
1
4.0 Overview
During various phases of the methyl parathion response effort, EPA made significant policy
decisions, based on information available at that time. EPA staff from both Headquarters and the
Regions were active in developing policy. For example, the insurance guidance was created by
the Insurance Workgroup, with representatives from Headquarters and Regions IV and VI. Not
all policy decisions, however, were reached based on the guidance of EPA workgroups.
Workgroups were beneficial for policy formulation in less time-intensive situations. Other
policy decisions requiring an expedited effort were enacted by individuals or very small groups
of staff (e.g., the decision to modify USACE's application process for relocation/restoration
benefits).
Each policy decision made by EPA had ramifications that extended beyond the particular issue at
stake. A policy formulated by one office or program had the potential to affect a different office.
For example, the decision by the Office of Enforcement to pursue illegal applicators of methyl
parathion translated to the need for more technical response work by the Superfund program.
One policy decision also triggered the development of additional policy. For example, the
decision to focus on insurance companies was, in part, driven by EPA's willingness to assume
responsibility for restoration of residents' homes, a policy which had increased the Agency's
costs significantly.
It is important to note that EPA's decision to assume comprehensive responsibility for the
decontamination and restoration of homes and relocation of residents was, in itself, the Agency's
first and most critical policy decision. At the inception of the methyl parathion response, EPA
made a decision to address methyl parathion fully, and to use Superfund statutory authority and
resources to undertake the effort. EPA decided that this policy was the best course of action after
considering several other options, such as a partial response effort (in which its role would have
been more limited), a Presidential Declaration of Emergency (in which the response would have
been a government-wide effort, potentially funded through the Stafford Act), and activation of
the National Incident Coordination Team (NICT) (in which the response would have been
coordinated and funded by multiple EPA offices).
This section provides background information on three major policy decisions made by EPA:
urine testing, relocation/restoration, and cost recovery related to insurance companies. These
policy decisions are highlighted because they represent watershed events in the response. With
these policy decisions, EPA significantly impacted the shape of the response effort. Please note
that while the section on development of the urine protocol includes lessons learned by EPA, the
report has a separate, comprehensive section on lessons learned (Section 7). Lessons learned
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pertaining to the urine protocol also are contained in this section because of the scope and
complexity of the subject matter.
4.1 Urine Protocol
One of the most important policy decisions reached during the methyl parathion response was to
use urine para-nitrophenol (p-NP) levels as a biological monitor (biomarker) of exposure to
methyl parathion and to base relocation and cleanup decisions on human exposure level
thresholds. Para-nitrophenol is a known breakdown product, or metabolite, of methyl parathion,
and can be accurately measured in urine samples and correlated to environmental exposure to
methyl parathion. Because of the significance of the decision to switch from wipe sample testing
to the use of urine sampling, a detailed description of the process used by the Agency and the
resulting impacts is provided at Appendix E of this report.
4.2 Cleanup of Residential Rental Properties and Businesses
The urine protocol, while primarily applicable to residential, owner-occupied homes, also was
utilized for residential rental properties and businesses. These two types of structures, however,
because of their unique circumstances (e.g., landlord and tenant logistics at rental properties, less
exposure and risk at businesses), necessitated the development of additional policy by EPA.
EPA outlined its policy for residential rental properties in a 1998 memorandum from Tim Fields
to the Regional Superfund Directors, Guidance on Use of the Methyl Parathion Urine Protocol
for Residential Rental Properties and Properties Where Occupancy Changes (See Appendix C).
The policy document explained that EPA expects owners of residential properties, if possible, to
perform the following actions: pay for decontamination of rental units, waive lease payments
during the decontamination/relocation period, waive early termination fees for residents leaving
the unit permanently, and waive some move-in fees for residents moving to another apartment in
the same building. EPA, however, in cases where the owner was not responsible for ordering
methyl parathion spraying or was not able to fund cleanup activities, gave consideration to Fund-
financed cleanups, with cost recovery after the cleanup, being a potential option. The policy
document also notes that urine monitoring in rental units should be conducted for a twelve month
period. In cases where the occupants of a rental unit changed, the urine monitoring would extend
only to the end of the original twelve month period.
EPA's policy for decontamination of businesses is outlined in a August 14, 1997 memorandum
from Tim Fields to Superfund National Policy Managers, titled Cleanup of Methyl Parathion-
Contaminated Businesses (See Appendix C). The memorandum explains that businesses
generally should not be cleaned up because of limited continuing human exposure and risk.
Exceptions to the policy were possible if continuing exposure was demonstrable, businesses were
unable to pay for the cleanup, or the business had a residential population (e.g., nursing home,
day care center).
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4.3 Relocation/Restoration
As mentioned in the overview, EPA made the policy decision to assume responsibility for
relocation and restoration in addition to decontamination activities. Relocation activities were
not performed singularly by EPA; USAGE coordinated the effort through an LAG with EPA. The
policy document, Guidance on Temporary Relocations during Superfund Removal Actions,
August 1996 (See Appendix C) describes how to obtain USAGE'S services during emergency
response situations. For the methyl parathion response, USAGE worked with EPA to prepare
extensive guidance for community members on topics such as the items that residents should
bring along to their temporary homes, the process for receiving benefits checks, and the process
for securing homes while residents were relocated. USAGE was also responsible for screening
community members applying for relocation benefits and distributing benefits checks.
EPA's decision to employ the services of USAGE, however, did have implications on the
response effort. For example, in Region IV, EPA restructured USAGE'S application process for
relocation and determination of benefits. The new application emphasized questions pertaining
to the number of family members requiring benefits, which resulted in significant cost savings
for EPA. EPA and USAGE learned, through this collaboration, how to construct an application
process for relocation benefits that addressed the specific needs of the methyl parathion response.
EPA also made the policy decision to assume complete responsibility for restoration of homes.
This decision had two-fold implications: with its restoration policy, EPA was accepting
responsibility for restoring the private property damaged by methyl parathion contamination, as
well as private property that was potentially damaged during the decontamination process. The
foundation for methyl parathion restoration policy is contained in the document, Guidance on
Compensation for Property Loss in Removal Actions. That document, however, notes that EPA
may or may not assume financial responsibility for property loss due to a hazardous substance or
the resulting response effort. In the case of methyl parathion, EPA decided to assume
responsibility for several reasons, one reason being the limitations of cost recovery (e.g., through
insurance companies).
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4.4 Insurance Guidance
Since 1994, the Agency has expended considerable resources responding to the improper use of
methyl parathion in private homes and businesses. As of April 1998, over $76 million has been
spent on temporary relocation of residents and clean-up of houses. To reduce some of the
Agency's expenditures for responses to methyl parathion incidents, a Methyl Parathion Insurance
Workgroup comprised of EPA Headquarters and Regional representatives and personnel from
the Department of Justice (DOJ) was convened in March 1997, to devise a strategy for
maximizing contributions from property owners' insurers.
The workgroup developed the following three-step strategy as a method that the Regions could
utilize to maximize insurance contributions and reduce Agency expenditures. The three aspects
of the strategy are: 1) prompt notice to the insurer of a potential claim; 2) assignment to EPA of
the policy proceeds and/or property owner's rights under the insurance policy; and 3) negotiation
with the insurers to expedite and maximize their contribution. Additional information on the
insurance policy can be found in Appendix C, Policy Documents.
The strategy was detailed in an Interim Guidance memo issued and distributed to all the Regions
on August 1, 1997. Regions were instructed to proceed with relocation, decontamination and
restoration regardless of the owner's willingness to cooperate with EPA on insurance matters.
EPA Region 4 sent a general letter to the insurance industry alerting them to their cost-recovery
efforts associated with the inappropriate use of methyl parathion in homes. Property owners in
houses requiring cleanup received a specific letter detailing the purpose and procedure
surrounding the assignment of insurance policy rights to EPA. There continues to be concern
from residents about potential rate increases and non-renewal of policies associated with the
assignment of insurance policy rights.
To date, some money has been recovered in insurance-based cost-recovery efforts. This cost-
recovery option is a difficult avenue to pursue due to the complex legal and insurance policy
issues involved. Attempts to recover costs through insurance policies was attempted late in the
response, which also hindered the recovery rate. The extent to which insurance-centered efforts
will provide a satisfactory source of funds to repay the Superfund is still under evaluation. Still,
there is considerable interest in pursuing this option as a cost-recovery method.
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SECTION 5: SUCCESSFUL PRACTICES
5.0 Overview
The response process was facilitated by effective inter- and intra-governmental collaboration,
information exchange, and substantial outreach efforts with the public. Extensive coordination
was necessary among EPA program offices, between EPA Headquarters and the Regions, and
between EPA and other government entities, such as USAGE, ATSDR, and State agencies. For
the most part, the response effort was a collaborative effort in which all parties worked together
as a team. In Region IV, for example, a JIG was established where representatives from EPA,
USAGE, ATSDR, and the States worked together to disseminate information to the public and
the media. The JIG was a great success, with roles and responsibilities clearly established and
information provided rapidly and effectively to the public. Please note that while many of the
successful practices in this section apply to EPA from a national standpoint, some topic areas
apply only to specific program offices or Regions and are cited accordingly.
5.1 Internal EPA Processes
Internal communication was an important aspect of the methyl parathion response. Particular
successful practices are noted below:
• Clear identification of roles during the response focused the goals and activities of specific
workgroups, clarified functions and responsibilities, and reduced possible duplication of
efforts. For example, the Health Science Steering Committee focused only on health science,
which expedited the development of science related recommendations since the committee
was not charged with formulating or debating national policy.
• Weekly conference calls brought together multiple parties from different Regions and
agencies and allowed for the quick exchange of information and coordination of activities at
all levels. In-person meetings also were an effective practice.
• Information exchange facilitated an efficient response. Sharing information gathered in
residence cost-tracking efforts enabled responders to identify methods to reduce costs based
on data trends. Sharing this information as more responses occurred helped other Regions
employ the most efficient and cost effective response methods.
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• The inclusion of regional personnel in policy workgroups facilitated the decision making
process. The addition of regional personnel's insight on the issues surrounding the response
enabled Headquarters to establish policy decisions that adequately addressed the concerns of
those affected by the contamination.
5.2 Communication
An important aspect of the methyl parathion response was EPA's communication with the
public. EPA aimed to provide accurate information to the appropriate audiences. The Regions
carried out this goal through different methods, often building on the successes of previous
response teams, which proved to be a successful practice. Particular successful practices are
noted below.
• Communicating with the public through the media such as newspapers, radio, and television
allowed EPA to connect with affected communities and lead them to additional information
resources. The OSCs added that initiating contact with the media early in a response often
dispelled false rumors and narrowed the field of potentially affected residences requiring
response actions.
• In some Regions, providing response related information services in one centralized JIC or
CIC facilitated the residents' information gathering process, ensured citizens had a focal
point for questions, and refocused the OSCs toward technical cleanup activities. This
practice was imitated in later responses, but communication specialists realized that the
success of the JIC was dependent on its proximity to the response actions.
• Understanding the concerns of the affected population allowed EPA to provide appropriate
information about the response. This was accomplished through contact with local
communities and stakeholders; often these included local governments, churches, school
districts, landlord and tenant associations, and business associations. OSCs provided a
forum for these various parties to voice their concerns and then addressed the issues during
the information dissemination process. The Regions were also careful to provide information
about the response in multiple languages, where appropriate.
• In some Regions, the use of facilitators and regional Ombudsmen helped resolve issues
among OSCs and community members.
• A national communication strategy was developed that allowed individual parties to identify
common issues, coordinate the development and distribution of common products, speak
with one voice during the response, and avoid duplication of efforts.
• ATSDR included citizens in their peer review panel for communication pieces, which helped
focus the materials to address citizen's concerns and questions.
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5.3 Inter- and Intra-Agency Coordination
Coordinating actions within EPA and between other agencies allowed for the response to proceed
with a clear understanding of roles and responsibilities and a minimal amount of duplicated
efforts. Particular successful practices are noted below.
• Communicating with other Regions early in the response process enabled personnel to
utilize the experience of others to build on successful practices and mitigate any
problems. For example, toxicologists from Region V shared their knowledge about the
Lorain, Ohio response with Region IV.
• Averting potential obstacles during the response occurred through early coordination of
goals and processes with State officials. EPA included State and local officials in
discussions about the response from the beginning of the effort, thus gaining their support
for such response actions as interviews and sampling.
• Utilizing support from other government agencies was essential to the success of the
response because of the large number and vast geographic distribution of houses in need
of decontamination. In some Regions, delegating contract oversight to USAGE, for
relocation, allowed Regions to focus their capabilities on response actions rather than
relocation efforts. USAGE had the resources and personnel available and was willing to
participate in the response. However, delegation of contractor oversight is not
recommended. The unusual circumstances of this response made it necessary to acquire
additional assistance with contractor oversight. In general, USAGE'S assistance was
beneficial to the Agency and enabled the response to move forward.
• Rapid execution of the peer review process by ATSDR allowed for quick implementation
of the urine protocol. Typically, the review process takes at least one year, but working
closely with ATSDR shortened the process to two months. In addition, EPA
Headquarters expedited implementation of the protocol by organizing committees that
were limited in size and included only individuals essential to the decision making
process.
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SECTION 6: KEY ISSUES AND LESSONS LEARNED
6.0 Overview
The response to the illegal application of methyl parathion presented a variety of challenges for
the responding agencies. The wide distribution of contaminated sites, the disruption of people's
lives and homes, and the logistics of coordinating duties and responsibilities among a large
number of responders are only a few of the issues dealt with during the emergency action. This
section reviews the key issues and challenges faced by EPA and associated agencies that arose
during the response. It provides recommendations based on discussions held with personnel
involved in the response and from information gathered at the Methyl Parathion After-Action
Conference held in Washington, D.C. in February 1998. The recommendations address these
issues and focus on improving the Agency's ability to respond to comparable incidents in the
future. Please note that while many of the issues and lessons learned in this section apply to EPA
from a national standpoint, some topic areas apply only to specific program offices or Regions
and are cited accordingly. Detailed information on key issues faced by EPA and lessons learned
is included in Appendix D. The key issues and challenges that follow are divided into the these
categories:
• Inter-Agency Issues and Lessons Learned;
• Intra-Agency Issues and Lessons Learned;
• Intra-Regional Issues and Lessons Learned;
• Programmatic Issues and Lessons Learned; and
• Policy and Legislative Issues and Lessons Learned.
6.1 Inter-Agency Issues and Lessons Learned
6.1.1 Coordination with ATSDR
Issue:
• ATSDR's organizational structure and internal authority structure may have affected its
ability to assist EPA's response activities.
Recommendation:
• EPA and ATSDR should consider forming a workgroup to clarify response roles and
responsibilities for future, similar types of incidents.
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• EPA should consider placing a staff member in ATSDR's headquarters in Atlanta to
assist inter-Agency coordination, in the same way that an ATSDR representative is placed
at EPA Headquarters in Washington, D.C.
6.1.2 Coordination of USAGE Support and USAGE Application Process
Issue:
• Due to gaps in the initial USAGE application process, there were a number of fraudulent
claims from community members.
Recommendation;
• EPA and USAGE should ensure that an information verification procedure is included in
any reimbursement application process.
6.1.3 Lack of Resources in States
Issue:
• States were not prepared for or were unable to assume a larger role in the response effort.
Recommendation:
• The long term work group should continue to evaluate the technical and financial
constraints on the States' ability to manage or assist in emergency response efforts and
work toward a balanced approach.
6.2 Intra-Agency Issues and Lessons Learned
6.2.1 Interaction Between Headquarters and Regions
Issue:
• Response activities varied according to the Region. Differences existed in areas such as
community involvement, dispute resolution, and relocation policy, which raised the risk
of possible criticism for their actions.
• EPA Regions need more assistance from Headquarters in policy development and quicker
response to issues and concerns.
Recommendation:
• Outlining recommended practices clearly will facilitate an effective, national effort.
• More frequent visits by Headquarters personnel to the Regions will help Headquarters
understanding of regional policy needs.
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6.2.2 Interaction Between EPA Program Offices
Issue:
• Lines of communication between offices were, at times, unclear causing redundancy.
Recommendati on:
• A single point of contact or liaison should be established within each office to enhance
communications.
• OERR and OPP should establish a routine communication process for gathering and
managing data, disseminating product information, and coordinating outreach efforts.
6.3 Intra-Regional Issues and Lessons Learned
6.3.1 Regions
Issue:
• Communication efforts in some Regions were redundant as multiple offices were either
developing similar products or conducting extraneous product review.
• Training for regional personnel on helping community members cope with loss would
have been beneficial.
• In some cases, the response process was not clearly articulated to the local community. In
particular, the limitations of EPA could have been explained in more detail.
Recommendati on:
• Having pre-established materials and communication plans would enhance EPA's ability
to rapidly develop and distribute outreach materials during an incident. (EPA has since
created a national communication strategy toolkit for national emergency response
operations).
• Coordination with all likely involved parties, such as Congressional offices, would
expedite response operations and enhance response and communication effectiveness.
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6.4 Programmatic Issues and Lessons Learned
6.4.1 Enforcement
Issue:
• Current prevention and deterrence standards may not be stringent enough to deter
pesticide misuse.
• The Regions and States, who performed the bulk of enforcement activities through
cooperative enforcement programs, were not properly funded to handle the response.
Recommendation:
• EPA should evaluate the MP incidents in light of past requests to enhance FIFRA
enforcement authority. In future requests, EPA should use the MP incidents to illustrate
why these enforcement enhancements are necessary.
6.4.2 Outreach Efforts
Issue:
• Initially, outreach tailored to urban communities was not a significant component of
OPP's communication strategy.
• Efforts by Chemi-Nova to create a public service announcement were slow and
ineffective.
Recommendation:
• The current long-term communication strategy being developed to address the urban
populations (as opposed to the national communication strategy that has been developed)
who are affected by the improper use of pesticides should be expedited.
• Outreach activities should be conducted in a tiered manner involving personnel from
Headquarters, the Regions, States, Chemi-Nova and local groups, each with distinct
responsibilities.
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6.5 Policy and Legislative Issues and Lessons Learned
6.5.1 Policy Considerations
Issue:
• Decontamination technologies in Lorain, Ohio were not evaluated after the response. An
evaluation of the process may have demonstrated that testing methods used in one
geographic area may not prove suitable for other areas.
• EPA's involvement in restoration may set a precedent for future response actions.
• There was significant concern over the escalating cost for the restoration of homes.
• The restoration process presented a variety of social issues that the OSCs and community
involvement staff were not fully prepared to handle.
• The applicators did not have sufficient funds that EPA could pursue for enforcement.
Recommendations:
• Headquarters should consider developing a Residential Clean-up Policy with an emphasis
on emergency situations.
• EPA should explore the possibility of requiring commercial applicators to demonstrate
financial responsibility.
6.5.2 Legislative Considerations
Issue:
• Many Superfund personnel are concerned that the FIFRA statute is insufficient and not
strong enough to prevent or deter future events like the illegal application of methyl
parathion and, as a result, other programs (like Superfund) become significantly
impacted.
Recommendation:
• The Agency should consider creating a workgroup to continue to strengthen FIFRA.
• An Inter-Agency workgroup should be formed to evaluate the viability of using the
Superfund program for pesticides-related emergency response.
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SECTION 7: CONCLUSION
7.0 Overview
The methyl parathion response has been a unique learning experience for EPA and, in many
ways, the most complex emergency response effort that the Agency has conducted. The overall
response, which began in 1994, has been time- and resource-intensive, and has necessitated
extensive coordination among EPA program offices, and between EPA and other government
agencies. As a result, EPA has derived significant lessons learned from the response. Lessons
learned, however, are most beneficial when they can be applied to future activities or next steps.
The following sections summarize the key lessons learned that were discussed in the report, as
well as next steps that EPA should consider, either as it continues the methyl parathion response
or in future emergency response situations (e.g., mercury).
7.1 Lessons Learned
Despite the differences among the regional responses, many response coordinators found that
similar concepts were evident throughout the entire response. As a result, some general
guidelines, based on experience, can be used to facilitate future actions. The lessons learned are
divided into the following topic areas:
• Communications and Outreach;
• Internal Processes;
• Inter-Agency Coordination; and
• Response Operations.
7.1.1 Communications and Outreach
• Combining EPA, ATSDR, and State level communication specialists in a Joint
Information Center provided residents with a consistent and responsive source of
information and served as a buffer for the OSCs, allowing them to perform efficiently the
technical work.
• Communication with various task forces provided stakeholders with a forum for
gathering information and voicing various concerns.
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• Utilization of widespread media sources (i.e., print, television, radio) enhanced the
response effort by allowing more rapid information dissemination.
• By emphasizing the risks associated with improper application of methyl parathion and
using the local terminology (e.g., referring to the chemical as "cotton poison" instead of
methyl parathion), EPA was able to respond effectively at the local level. Also, utilizing
intermediaries, such as church group leaders to convey messages to the community, was
helpful.
• Hotlines provided an efficient and convenient way for citizens to obtain answers to
questions while minimizing the distraction of OSCs away from specific response
activities.
7.1.2 Internal Processes
• Weekly conference calls among multiple parties allowed for the quick exchange of
information and coordination of activities at all levels. In-person meetings also were an
effective practice to mitigate confusion and duplication of efforts.
• Focusing the goals and activities of specific workgroups clarified roles and
responsibilities, and reduced possible duplication of efforts. For example, by having the
Health Sciences Steering Committee focus only on health science, and not policy
adjudication, the development of science related recommendations was expedited.
• A residence-specific cost tracking process enabled responders to identify methods to
reduce costs based on data trends.
• Including regional personnel in the policy workgroups resulted in collaborative decisions,
which were effectively implemented in the Regions.
• EPA Headquarters expedited implementation of the urine protocol by organizing efficient
committees limited in size and including only individuals essential to the decision making
process.
7.1.3 Inter-Agency Coordination
• Rapid execution of the peer review process by ATSDR enabled quick implementation of
the urine protocol, which lessened the burden of the environmental sampling process.
• EPA and ATSDR worked together to develop and issue a joint press release advising the
public about the dangers of exposure to methyl parathion.
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• In some Regions, delegation of contract oversight to USAGE allowed Regions to focus
their capabilities on response actions rather than relocation efforts.
7.1.4 Response Operations
• In some Regions, the use of facilitators and Ombudsmen helped resolve issues among
OSCs and communities, and within response workgroups, particularly the Health
Sciences Steering Committee.
• Through communication with other Regions early in the response process, personnel were
able to utilize the experience of others to build on successful practices and mitigate any
problems. For example, toxicologists from Region V shared their knowledge about the
Lorain, Ohio response with Region IV.
• Early coordination of goals and processes with local officials lessened potential obstacles
during the response.
7.2 Next Steps
There are two key areas, based on the observations made by EPA personnel involved in the
response effort during the Methyl Parathion After-Action Conference, the Agency may consider
addressing with further dialogue and action. These include:
• Evaluating Inter- and Intra-Agency Dynamics - Consideration should be given to
establishing a forum to analyze EPA's relationship with ATSDR, with the goal of
enhancing the working relationship between the organizations. Issues to be reviewed may
include:
• Systems used by both organizations to communicate with one another;
• Structural barriers within the organizations that limit the effectiveness and
efficiency of the working relationship; and
• Delineation of authority, roles, and responsibilities between the two organizations
during national emergency situations.
Much of the discussion about the methyl parathion response centered around the
"unintended consequences" associated with actions in other Agency offices that affected
Superfund. A workgroup may want to conduct an analysis of "unintended
consequences" other Agency offices have on Superfund and consider options for
reducing, eliminating, or preparing for such events. Consideration should be given to
setting up a system that strategically evaluates the work in Agency offices to identify and
prepare for such consequences.
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• Evaluating Law and Creating Policy - It may be constructive to hold a meeting between
OERR, OPP, and OSRE and ORE management to discuss hlFRA ramifications on the
Superfund program. This working group may want to consider implementing
administrative reforms of FIFRA, with the goal of preventing future responses similar to
the methyl parathion effort.
A policy workgroup has been established to investigate the development of a comprehensive
Residential Clean-up Policy. In addition to specific guidance on response activities, the
workgroup will assess EPA's responsibility for relocation and restoration during future
responses.
Once the workgroup has determined the appropriate level of involvement for the Agency, it can
then develop guidance on specific activities. The workgroup could create a policy that includes
guidance on relocation, decontamination, and restoration. While it would not be appropriate to
advocate one particular decontamination approach for use in all emergency response situations,
the policy could indicate the benefits and drawbacks of using various testing methods (e.g.,
biomonitoring). Within the policy document that it develops, the workgroup could provide
further guidance on: the best approach to use for interacting with the people and communities
involved in an emergency response; whether relocation for residents should be a consideration;
and how to manage the property of citizens who have been relocated.
The Agency could benefit by further evaluating the role of community involvement in emergency
response actions. Clarifying the role of community involvement in emergency response
situations will reduce the burden on EPA staff and help the Agency better meet the needs of
communities. Specifically, this measure would reduce the burden on EPA staff because,
understanding how to assist community members in coping with the incident, would enable EPA
staff to conduct more effective and efficient communications and technical response work. The
recommendation for community involvement is two-fold: 1) guidance should be developed to
explain how and by whom community involvement should be conducted (to promote consistency
from Region-to-Region); and 2) guidance should be developed to clarify the best approach for
involving citizens in non-technical response work (e.g., communication).
• Increasing the State Role - It is recommended that the long-term workgroup continue to
evaluate the capabilities and interests of States in assuming responsibility for the methyl
parathion effort. In the meantime, EPA Regions can continue to work with States on
enhancing their outreach capabilities in an effort to reduce the illegal application of
agricultural pesticides in homes and businesses.
• Enhancing Response Work - It would be useful to continue assessing scientific issues
related to methyl parathion including conducting research on new cleanup technology and
decontamination options; conducting follow-up monitoring of residents exposed to
methyl parathion; and conducting research on the long-term affects of human exposure to
methyl parathion.
36
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Appendix A: Response Activities
Timeline
A-l
-------
Methyl Parathion Response Activity Timeline
November 1994
August 1996
September 1996
November/
December 1966
January 1997
April 1997
April 24,1997
May 1997'
May 16,1997
Spring 1997
August 1,1997
August 14,1997.
May 28,1998.
Discovery of Methyl Parathion misuse in Lorain, Ohio
Guidance on Temporary Relocations During Superfund
Removal Actions
Guidance on Compensation for Property Loss in Removal
Actions (DRAFT)
Discovery of Methyl Parathion misuse in Jackson County,
MS and New Orleans, LA
New product formulation and distribution requirements for
MP manufacturers
Discovery of Methyl Parathion misuse in Chicago, IL
Arrest of Ruben Brown, applicator responsible for Chicago
area Response
Urban and Residential Pesticide Control and Enforcement
Program issued
Memorandum on Implementation of the Urine Protocol for
Methyl Parathion Response
Discovery of Methyl Parathion misuse in Arkansas and
Tennessee
Insurance Guidance
Memorandum on Cleanup of Methyl Parathion-
Contaminated Businesses
Residential Rental Guidance and Properties Where
Occupancy Changes
A-2
-------
Appendix B: EPA Contact List
B- 1
-------
EPA Personnel Involved in
the Methyl Parathion Response
that Contributed to the Report
EPA Personnel Involved in the Methyl
Parathion After Action Conference
Headquarters:
Gershon Bergeisen (OERR)
Cathy Clark (Pesticide Enforcement)
Jay Ellenberger (OPPTS)
Lois Gartner (CIOC)
Kevin Matthews (OCLA)
Mary McDonnell (Pesticide Enforcement)
Melba Meador (OCEPA)
Tanya Meekins (OCEPA)
Lauren Mical (OCEPA)
Suzanne Wells (CIOC)
Region 4:
Jewell Harper
Michael Henderson
Cynthia Peurifoy
Hagan Thompson
Region 5:
Virginia Narsete
Heidi Valekevitch
Region 6:
David Bary
Brenda Black
Ragan Broyles
Janetta Coats
Ronnie Grassland
Bobby Erlwein
Charles Gazda
David Gray
Cheryl Hochstetler
Verne McFarland
Sara Perham
Pamela Phillips
Dick Watkins
Betty Williamson
Headquarters
Geri Bell (OERR)
Elaine Davies (OERR)
Jay Ellenberger (OPP)
Schatzi Fitz-James (OERR)
Claire Gesalman (OPP)
Stephen Hess (OGC)
Amy Katz (OERR)
Leslie Leahy (CIOC)
Mary McDonnell (ORE)
Lauren Mical (Public Affairs)
Jack Winder (OECA)
Region 4:
Elmer Akin
Doug Lair
Paul Schwartz
Terry Stilman
Carter Williamson
Region 5:
Brad Benning
Milt Clark
Don de Blasio
Heidi Valekevitch
John Ward
Region 6
Mike Boydston
Janetta Coats
Greg Fife
Jerry Oglesby
Samantha Urquhart-Foster
Dick Watkins
Betty Williamson
Environmental Response Team (Edison. NJ)
Philip Campagne
Dave Charters
B-2
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Appendix C: ~ Key Policy and Communications
Documents
Document 1
Memorandum:
Document 2
Memorandum:
Document 3
Guidance:
Implementation of the Urine Protocol for Methyl Parathion
Response
Guidance on the Use of the Methyl Parathion Urine Protocol
for Residential Rental Properties and Properties Where
Occupancy Changes
Guidance on Temporary Relocations During Superfund
Removal Actions
Document 4
Memorandum:
Document 5
Memorandum:
Document 6
Guidebook:
Cleanup of Methyl Parathion-Contaminated Businesses
Interim Guidance on Maximizing Insurers Contributions to
Responses At Residences Contaminated with Methyl Parathion
Resident's Guide to Temporary Relocation: Methyl Parathion
Removal Project, March 1997. Region 6
C- 1
-------
*- m.m \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON. D.C. 20460
OFFICE OF
MAY f ft SOLID WASTE AND EMERGENCY
MAY I 0
OSWER 9285.7-27
SUBJECT: Implementation of the Urine Protocol for Methyl
Parathion Response
FROM: Timothy Fields, Jr.
Acting Assistant Administror
TO: Superfund National Policy Managers
Regions 1 through 10
Purpose
This memorandum provides guidance to ensure that EPA Regions
apply consistent criteria in deciding what actions to take to
protect populations potentially aflected by the misapplication of
methyl parathion (MP).
Background
Response to MP contamination in homes in Mississippi and
Louisiana, and earlier in Ohio, has been an huge undertaking for
the EPA Superfund program. To date, approximately 3,000
residents from about 700 households have been temporarily
relocated in order to remove them from the risk and so that we
may clean up their homes. The problem may be even much larger.
We are currently investigating MP contamination cases in Memphis,
Tennessee; West Memphis, Arkansas; and Chicago, Illinois.
Since the initial response in Lorain County, Ohio, we have
used environmental criteria developed by EPA Region 5 for
relocation and cleanup of contaminated properties to ensure
R«cyel«d/R«cycfabte • Printed wim VegeiaWe Oil Based JrKs on 100% Recycled Paper (40% Posiconsumer)
-------
protection of public health. As the potential scope of this
problem grows we have recognized the need to reevaluate our
intervention methodology to assure that the criteria are based on
the latest scientific data and result in an overall response
which is no more disruptive to the lives of a large number of
families than necessary and no more costly to taxpayers than
necessary, while continuing to be protective of public health.
The Methyl Parathion Health Sciences Steering Committee and
the ATSDR Expert Panel have done an outstanding job of developing
criteria that meet these objectives. Their recommendations are
presented in the Methyl Parathion Health Sciences Steering
Committee Report (attached).
Conclusion
The scientific relationships between environmental levels of
MP and urine levels as found in Lorain, Ohio were not found to
exist in other geographic locations due to site-specific
differences, such as spray technique, house construction and
climate factors. Therefore, the Steering Committee concluded
that in the absence of such site-specific correlations, urine
levels should become the prime determinant for decision-making
regarding intervention and cleanup.
Effective immediately, the urine protocol, as recommended in
the report of the Methyl Parathion Health Sciences Steering
Committee, should be the basis for decisions regarding Fund-
financed temporary relocation of individuals from MP contaminated
homes and businesses. All future decisions regarding temporary
relocation should be made in light of the urine protocol. This
guidance is not applicable to households that have already been
relocated.
Exceptions to use of the urine criteria as the sole basis
for temporary relocation decisions may be made at the request of
the State Health Officer based on case-specific health
considerations, as indicated in the urine protocol.
-------
A PROPOSAL FOR PARA-NITROPHENOL
MONITORING IN URINE TO TRACK EXPOSURE TO
METHYL PARATHION
PREPARED BY:
THE METHYL PARATHION HEALTH .SCIENCES STEERING COMMITTEE
Protocol: May 16, 1997
-------
There remains to the need for development of health based
environmental criteria aetermine cleanup levels where our
response would involve something other than complete removal of
MP contaminated material. I will ask that the Methyl Parathion
Health Sciences Steering Committee direct their efforts towards
development of recommended environmentax criteria for MP cleanup.
Attachment
cc: Carol Browner
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PARTICIPANTS
David W. Charters, Ph.D., Chair
Leslie Campbell, M.S., Chair
Urine Protocol Sub Group
Eddie Sierra, Region VI,
Facilitator
Elmer Akin, Dr. P.H., EPA, Region IV
Bonnie Bashor, M.A., Tennessee
Bruce Brackin, Ph.D., Mississippi
Leslie Campbell, M.S., ATSDR
J. Milton Clark, Ph.D., EPA, Region V
Buck Grissom, Ph.D., ATSDR
Norman Lachapelle,
Shelby County, Tennessee
Jerrel Mathisoa, M.D., Louisiana
Jon Rauscher, Ph.D., EPA, Region VI
Ken Runkle, M.A., Illinois
Bobby Simoneaux, Louisiana
Micnael Watts, Ph.D., Arkansas
Protocol: May 16, 1997
-------
The Methyl Parathion Health Sciences Steering Committee was set up by the Office of
Emergency and Remedial Response (OERR) to respond to the misapplication of Methyl
Parathion in houses and businesses. The committee is composed of representatives of the
Environmental Protection Agency (EPA) OERR, EPA Regions IV, V, and VI, Agency for Toxic
Substances and Disease Registry, as well as represeu..^*^ ~f Mississippi, Louisiana, Arkansas,
Tennessee, and Shelby County, TN. Initial meetings were conducted to discuss the potential to
use para-nitrophenol as an indicator of exposure to methyl parathion. The initial idea that this
approach was feasible was developed by Region V while responding to misapplications in Lorain
County, Ohio. The committee used the information initially developed by Region V as a starting
point and continued discussions from that base. The initial discussions were productive and the
committee accepted several specific charges. The tasks in the charge to the committee were:
1. Determine the usefulness of urine p-NP analysis as a sole basis or in combination with
environmental data for relocation of people from residences sprayed with Methyl
Parathion.
2. Determine the relocation action level for urine and or environmental parameters, age
weighted if needed.
3. Conduct the first two task by considering the published scientific literature, the technical
and policy basis of the Region 5 criteria for the Lorain, OH site and the urine and
environmental data collected at the Mississippi and Louisiana sites.
4. Develop a protocol for collection and evaluation of urine samples that will maximize the
predictive capacity of the p-NP analysis for Methyl Parathion exposure.
5. Determine if predictive correlations exist for urine levels of p-NP and environmental
wipe samples for Methyl Parathion.
The attached approach and protocols respond to these charges. The primary report is the
response to charges 1-3. The fourth charge to develop protocols is responded to in Attachments
A, B and C. The final charge, to derive predictive correlations between environmental samples
and urine levels, occurred using data provided by Mississippi State Department of Health, with
analysis by ATSDR, and no predictive correlations were apparent. Additional data will be
collected after the initiation of this proposal and data will be regularly evaluated for correlations
that could be potentially used to determine environmental thresholds for remediation or "How
Clean is Clean" decisions.
The urine criteria recommended by the Steering Committee are different (same for infants but
higher for children and adults) than those useH for relocation and cleanup of contaminated
I Protocol: May 16, 1997
-------
properties in Lorain, Ohio. The decision to alter the criteria is within the purview of normal EPA
analysis and decision iiaking. EPA decision criteria include many factors including, but not
limited to, level of risk, degree of protectiveness, scope of problem, and costs. The Lorain, Ohio,
urine criteria utilized assumptions that were intended to provide a margin of safety from potential
chronic effects caused by low dose exposures to methyl parathion and follow more typical risk
assessment and risk management decision made under Superftind's remedial program. The
proposed urine criteria, while considered to be protective, were not derived using the standard
EPA Reference Doses or equivalent, conservative methods, due to the fact that methyl parathion
is degrading and declining in homes and exposures are often intermittent. The proposed criteria
incorporates what the Steering Committee feels is an adequate degree of protectiveness based on
the scientific literature.
Protocol: Mav 16, 1997
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Proposed Protocol for P^a-nitrophenol Monitoring in Urine to Track
Exposure to Metn>' r*arathion
e methyl parathion in a residence has been confirmed by exposure surface
samples above an average concentration of 15 //«//00 cm2, urine p-nitrophenol
will be used as the determination for the relocation of people from residences.
The State Health Officer, and/or his/her designee, may request exceptions (e.g.,
Attachment C, pg 6,11)
Recommended
Action
Age Group
0 - i 6 years
No Further Action
< 25 ppb in urine
and
< 50 ug/100 cm2
exposure based
sampling
< 100 ppb in urine
and
<50ug/100cnv
exposure based
sampling
< 300 ppb in urine
and
<50ug/100cm2
exposure based
sampling
Urine Monitoring
25-50 ppb in urine;
or
< 25 ppb in urine
and
>50ug/100cnr
exposure based
sampling
100-300 ppb in urine.
or
< 100 ppb in urine
and
>50ug/100cm:
expose based
sampling
300-600 ppb in urine,
or
< 300 ppb in urine
and
>50ug/IOOcm2
exposure based
sampling
Relocation
> 50 ppb in
urine
> 300 ppb in
urine
> 600 ppb in
urine
Comments
The initial urine sampling event will be
based upon two discrete urine samples:
the higher result will be used for
decisions.
Frequency of urine monitoring will be
once a quarter until the infant reaches 12
months of age. For all other groups,
monitoring will be conducted on a
quarterly basis (regular intervals) for a
minimum of one year to confirm that the
exposure scenario.
Once u' .• sar pies are decided to be
collected in a house, all residents are
offered to be monitored.
Any one individual from any category
exceeding relocation benchmarks
established will trigger relocation.
All exposure based sampling is averaged.
All urine numbers are creatinine adjusted, if crealinine numbers are not available weight basis
will be utilized.
Protocol: May 16, 1997
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RATIONALE FOR PROPOSED PROTOCOL
Introduction
In November, 1994, the Ohio Department of Agriculture responded to a complaint regarding a
persistent pesticide odor in a private residence located in Lorain County, OH. Environmental
sampling revealed that methyl parathion (MP), a toxic pesticide approved only for agricultural use,
had been sprayed in the home. A subsequent investigation identified an illegal pesticide operation
that catered to low income residents via word-of-mouth. It was discovered that several hundred
homes had been sprayed with MP.
In December, the U.S. Environmental Protection Agency (EPA) evaluated the site and initiated a
Superfund removal action. At that time, it was estimated that a total of 500 residences may have
been sprayed. Site evaluation by EPA revealed that the application of MP in the residences was
random; walls, floors, furniture, drapes, clothes, and food stuffs were sprayed. The applicator used
an emulsifiab'e concentrate that contained levels of MP that ranged from 6 - 85%. The pesticide
applicator would also leave varying amounts and concentrations of MP solutions with the resident
to be applied as needed.
Random application of varying concentrations of MP by the applicator and the resident created a
site assessment problem. In December of 1994, EPA developed values to be used as action levels
for temporary relocation of residents or workers, acceptable levels and decontamination targets
(See Table I). Residents were relocated if MP in air or wipe samples, or urine levels of p-
nitrophenol (p-NP) exceeds the Level I (LI) criteria, i.e. exceeding any single criteria resulted in
relocation. Residents in Level 2 (L2) residences were relocated within two weeks after being
designated as an L2 unit.
Information used to derive the action levels used in Lorain was obtained from EPA toxicological
data bases, tUv ATSDR Toxicological Profile for Methyl Parathion, EPA's Exposure Factors
Handbook, and published literature.
In 1996, MP was detected in indoor areas of both residential and nonresidential areas in
Pascagoula, MS. Initially, the methodology developed for use in Lorain County, OH was used in
PascagouL, MS (described above). However, MP has been detected in indoor areas in other areas
of Mississippi and in Louisiana, Alabama, and Tennessee. The number of indoor areas that are
contaminated with MP has not yet been determined; however, the number continues to increase.
Because of the enormous number of contaminated indoor areas and site specific differences
between Lorain County, OH and places such as Pascagoula, MS, the action levels used in Lorain
County were modified for use in the southeast.
Exceeding an environmental criteria does not mean that an exposure has occurred. The presence
of p-NP in the urine indicates that an exposure has occurred; however, the absence of p-NP in the
urine does not mean that exposures have not occurred nor does it address the likelihood that future
Protocol: May 16, 1997
-------
exposures will occur. Further, nigh levels of p-N'P in urine do not mean that the exposure occurred
in the residence.
Protocol: May 16, 1997
-------
Table 1. Action levels from EPA's risk Management Criteria For Lorain County, OH.
S Level 1 (Rapid Relocation)
Surface
Air
> ISOng/IOOcm2
> 10ng/m3
Urine:
I< 1 year of age (YOA)
> 1 < 5 YOA and pregnant women
>5 YOA
Level 2 (Priority)
Surface
Air
> 1 50 ppb
> 300 ppb
> 600 ppb
>50 < ISO^ig/IOOcm2
> 3 < \Q\ig/m}
Urine:
I< 1 year of age (YOA)
> 1 < 5 YOA and pregnant women
>5 YOA
> 50 < 1 50 ppb
> 1 00 < 300 ppb
>200 < 600 ppb
Level 3 (Minimal or No Action)
Surface
Air
>15 <50ng/IOOcm2
> 3 ng/m3
Urine:
999< 1 year of age (YOA)
> 1 < 5 YOA and pregnant women
>5 YOA
> 5 < 50 ppb
> 10 < 100 ppb
> 20 < 200 ppb
Level 4 (No Action)
Surface
Air
<15ng/100cnr
< 3 ng/m3
Urine:
I
< 1 year of age (YOA)
1 > 1 < 5 YOA and pregnant women
| > 5 YOA
< 5 ppb
< 10 ppb
< 20 ppb
Protocol: May 16, 1997
-------
To assess threats to human health, environmental sampling is essential. Environmental sampling
will provide information concerning the potential for exposure to occur. Units contaminated
with MP should be ranked from the most contaminated to the least contaminated. Determine
which units have susceptible populations (e.g., children and pregnant women). Urine samples
(discrete samples over a 24 hr time period is highly desirable) should be collected from
individuals occupying units with surface wipe samples > 15 fig/100 cm2. If all individuals
cannot be monitored, then susceptible population should be evaluated.
p-NP levels in the urine will be used as the criteria for decisions concerning relocation. If low
levels of p-NP (as defined in the criteria in Table 2) are detected in the urine, exposures of health
concern are not currently occurring; however, if a residence is contaminated with MP, exposure
may occur. To insure that people are not adversely affected by exposure to MP, periodic
biologic monitoring will be necessary while people inhabit contaminated units (> 50 ng MP/100
cm2). If urine levels of p-NP exceed the relocation criteria (See Table 2) and available evidence
indicates that a specific location (e.g., a residence) is the likely source, the people occupying the
contaminated residence will be relocated. Biologic monitoring should be continued until health
threats have been eliminated.
Table 2. Proposed action levels for indoor areas contaminated with MP in the southeast.
Relocation
Urine p-NP (ppb)
<1 year of age (YOA) and pregnant women
1>16 YOA
> 16 YOA
> 50 ppb
> 300 ppb
> 600 ppb
Biomonitoring
Surface
>15ug/100cm2
Dose Reconstruction
Methyl parathion can cause severe adverse health effects. Death has occurred from dermal
exposure resulting from entry into treated agricultural fields. Ingestion has also resulted in death.
Urine monitoring of agricultural workers has been used to evaluate exposure. At low urine levels
of p-NP (e.g., < 1,000 u.g p-NP/L), adverse health effects are not correlated with urinary levels of
p-NP. Adverse health effects usually begin to appear when urinary levels of p-NP are between
1,500 and 2,000 ug p-NP/L (ACGIH, 1996; Hayes and Laws, 1991, and Occupational Medicine,
1995).
Methyl parathion dose reconstruction based solely on p-NP levels in spot urine samples in an
indoor residential exposure scenario is difficult. In an indoor residential exposure scenario, the
7 May 16, 1997
-------
frequency and duration of exposure and the length ot time since the last exposure are unknown.
The applicability of a model designed to evaluate exposure of field workers (e.g., Morgan et al.,
1977) (the frequency and duration of exposure a:»d the length of time since the last exposure are
known) has not been established.
The Morgan et al. (1977) study was conducted using 4 adult volunteers; they were given 2 or 4 mg
analytical grade MP added to cookies using a corn oil vehicle. Urine was collected for 2 days after
dosing. The reliability of the Morgan model in estimating the dose on MP is unknown, especially
in residential indoor exposure scenarios. For example, at thio site, exposure is potentially through
dermal, oral, and inhalation; whereas, exposure in the Morgan et al. (1977) study is only through
ingestion. Additionally, exposure in a residential is likely to be intermittent over a long period of
time; whereas, exposure is a one time event in the Morgan et al. (1977) study (is tolerance an
issue?).
Methods for Assessing Potential Health Threats
'Minimal Risk Levels (MRLs) and Reference Doses (RfDs) are typically used in evaluating human
health threats. MRLs and RfDs are defined as estimates of daily human exposure to a dose or
concentration of chemical that is likely to be without an appreciable risk of adverse, noncancerous
health effects over a specified duration of exposure. The current subchronic RfD for MP is 2xlO'3
mg MP/kg bw/day and is based on an estimated NOAEL of 2.5 ppm or approximately 0.15 mg
MP/kg bw/day. ATSDR's Board of Scientific Counselors has endorsed the use of MRLs [and
RfDs] as guides for toxicity assessment that must be used in conjunction with other information.
Operationally, MRLs and RfDs are usually based on the most sensitive indicator of toxicity
observed in animal studies and are routinely 100 - 1,000 times lower than the lowest exposure
concentrations used in the critical study. Human data are preferred but are frequently not
sufficient to derive an MRL or RfD for environmental exposure.
ATSDR health assessors use MRLs and RfDs as screening tools. Environmental levels that result
in hypothetical exposures below-the MRL or RfD are considered to be of little likelihood of
causing adverse human health effects with respect to noncancer endpoints; estimated exposures
above the MRL or RfD require that the health assessor do a more detailed evaluation of site-
specific and chemical-specific factors. Simply stated, MRLs and RfDs are used as screening
levels. In lieu of missing information, default assumptions are used during their calculation. They
should not be considered thresholds for noncancer healtli effects nor should they be viewed as
regulatory or cleanup thresholds.
A weight of evidence approach for assessing health threats from exposure to MP does not rely on
standard risk assessment methodology. It involves the consideration and integration of all relevant
human and animal data or studies. Factors such as metabolism, toxicokinetics, mechanism of
action, structure-activity relationships, and susceptible populations are considered.
Weight of Evidence - Neonates and Pregjmant Women
8 Protocol: May 16, 1997
-------
Information concerning p-NP levels in the urine of neonates following exposure to MP is rot
available. 50 ug p-NP/L of urine was used as a Lew. 2 relocation criteria in children in Lorain
Co, OH. If 50 ug p-NP/L detected were detected in urine, the dose of MP would be approximately
6 x 10"3 mg MP/kg bw/day. This dose was derived using assumptions for urine volume excreted
per day (0.019 L/kg bw/day) and a conversion factor (6.9, from Morgan et al., 1977) to estimate
the dose of MP frpm the level of p-NP in urine (Clark M, 1997).
Neonatal children are more susceptible to the toxicity of MP than older children and adults,
primarily due to limited phase 2 metabolic capacity (Goodman and Oilman, Hayes and Laws
1991, Hodgson etal, 1994).
Preweanling rat pups were exposed daily to parathion (1.3 mg/kg or 1.9 m'g/kg) or vehicle (com
oil) on postnatal days 5-20, a time period critical to development of behavioral and biochemical
parameters of the cholinergic nervous system. This exposure resulted in dose-dependent
reductions in acetylcholinesterase (AChE) activity and muscarinic receptor binding in the cortex.
During the preweanling period, there were no differences among the groups in most reflex
measures, eye opening or incisor eruption. Postweanling behavioral assessment revealed small
deficits in tests of spatial memory in both the T-maze and the radial arm maze. There were no
differences in neuromuscular abilities or spontaneous activity measures (Stamper, Balduini,
Murphy, and Costa, 1988).
A single dose of 0.2 mg MP/kg in 15 day old pups caused a reduction of AChE activity only in the
brain stem, while a 0.1 mg MP/kg single dose given to 15-day-old pups caused no effect even in
seven regions of the brain examined. Effect of low dose chronic administration of MP on AChE
activity was also studied in cerebellum, motor cortex, brain stem, hippocampus,
striatum-accumbens, spinal cord and also in the hypothalamus. Administration of 0.1 mg MP/kg
from second day to 15 days of age caused significant reduction of AChE activity in only 2 of the 7
brain regions studied. Administration of double the dose (0.2 mg MP/kg) and for a longer
duration (2nd day to 150 days of age), caused a depression in all the brain regions studied. In all
these regions, the levels of noradrenalin, dopamine and
5-hydroxytryptamine did not appear to change. The results suggest that chronic consumption of
MP leads to a moderate decrease of AChE activity in several brain regions (Kumar and Desiraju,
1992)
Milk from breast feeding is not likely to be a major contributor of MP to neonates. Lactating goats
were exposed by oral administration to a subtoxic dose of MP (5 mg/kg/day; 3 days). Neither MP
nor its metabolite methyl paraoxon (MPO) was detected in plasma, urine, or milk. Methyl
parathion and MPO were unaffected by incubation in milk for 12 h. In lactating goats given an
intravenous bolus of MP at a dose (5 mg/kg) that was slightly toxic (salivation and nervousness),
the elimination half-life was 0.81 - 0.17 (mean - SE) h. Although MPO, DMP, and DMTP were
not detected in plasma, 67.8% of the intravenous dose was excreted in urine as DMP and DMTP.
ChE activity was depressed to 52% of control. It was concluded that dosages of MP not causing
overt signs of toxicity are not associated with excretion of MP or its toxic metabolite MPO in milk
(Baynes and Bowen, 1995).
9 Protocol: Mav 16, 1997
-------
The effects of low dose exposure to MP on motivation and emotion were investigated in male
Wistar-rats. Animals were treated five times weekly for 6 weeks with oral gavage doses ^f l/50th
or 1/100th of the median lethal do^e, 0.44 mg/k» of MP; one control group was gavaged with
water, while another received no treatment. At the end of the treatment period, behaviors in open
field and in an elevated plus maze were evaluated. No changes in body weight or signs of
intoxication were noted at the end of treatment. A dose dependent effect on the increase in open
field activity caused by MP relative to tap water was noted; however, grooming activity was
significantly decreased at the higher MP dose. Latency to leave the center of the field, to rearing,
and to defecation were prolonged significantly at the higher dose. Methyl parathion treated rats
remained in the open arms of the plus maze longer than untreated rats; number of transitions in the
open arms were also increased in this group. Defecation rate in the plus maze was significantly
decreased (Schulz, Desi, and Nagymajtenyi, 1990).
Pharmacokinetics, metabolism (in vivo and in vitro), elimination and tissue distribution of ethyl
parathion (EP) was studied after intravenous administration of 0.5 mg/kg to newborn, 1 week and
8 weeks old piglets. Body clearance increased from 7 ml/min/kg in newborn to 35 and 121
ml/min/kg in 1 and 8 weeks old piglets, respectively. Urinary excretion during the first 3 hr rose
from 18 to 48 and 82% of the dose in newborn, 1 and 8 week old piglets. The main metabolite of
parathion was p-nitrophenyl-glucuronide making up 85% of the urinary excretion. About 6% was
excreted as p-nitrophenyl-sulfate and only 1% as free (non-conjugated) p-nitrophenol. Unchanged
EP or ethyl paraoxon was not detectable in urine from any of the age groups. The in vitro
experiments showed that biotransformation of EP took place only when cofactors for oxidative
reactions were present, indicating that oxidation is the first and necessary metabolic step and that
hydrolysis does not contribute significantly to the elimination of EP. The highest concentration of
EP 3 hr after administration was found in kidney and liver. In newborn piglets the EP in tissues
was higher than or equal to the plasma concentration. The EP tissue/plasma ratio decreased with
age for all tissues except kidney. Ethyl parathion was present in high concentrations in plasma,
liver and kidney from newborn piglets; whereas, the level just exceeded the detection limit in the 8
week old ones. Ethyl paraoxon was clearly detectable in plasma and liver from newborn piglets,
while only traces were found in the older groups (Nielsen, Friis, Gyrd-Hansen, and Kraul, 1991).
Acute toxicity in 23 day old weanling male rats was compared with that in adults; the weanlings
were found to be approximately twice as susceptible to MP since biotransformation is effected by
hepatic microsomal enzymes (Foreign Compd Metab in Mammals Vol 3, 1975).
Pregnant women are not considered a susceptible population; however, unborn children are a
susceptible population. Human fetal exposure to MP cannot be easily determined. There is some
information that is useful in assessing fetal risk.
1.0 or 1.5 mg MP/kg bw in a corn oil vehicle administered by gavage to pregnant animals (days 6 -
20 of gestation) resulted in decreased CNS AChE (Gupta et al., 1984 and 1985).
Term human placental glutathione S-transferase (GSHTr) activity towards MP ranged from 2.22 to
3.53 nmoles DesMP formed/min/mg while an activity of 0.60 to 1.12 nmoles DesMP
10 Protocol: May 16, 1997
-------
formed/min/mg was observed with the pre-terrr. placental enzyme. The absence of the
O-dearylation reaction by pre-term and term placemal GSHTr represents a major species- and/or
tissue-specific difference. (Radulovic, LaFerla, anc. oLuikarni, 1986).
Methyl parathion is metabolized by the skin, lungs, liver, and placenla of a pregnant woman; there
is also reduced activation of MP although total metabolism does not appear to be affected.
The in vitro rate of hepatic microsomal activation of EP to ethyl paraoxon was significantly
reduced in mice at 19 days of gestation when compared to nonpregnant controls. Total hepatic
metabolism of EP was determined during in situ perfusion of livers from pregnant and
nonpregnant mice. Levels of EP, ethyl paraoxon, and p-NP in the perfusate after 45 min of
perfusion did not differ significantly between livers from the pregnant and nonpregnant groups.
These data indicate that total hepatic metabolism of these three compounds is not altered in
pregnancy despite a decrease in specific activity for EP activation (Weitman, Vodicnik, and Lech,
1986).
COMMENT: The doses in these studies were administered by gavage in com oil or by injection.
Absorption of MP administered by gavage in corn oil will be high, e.g. 80% or more. While hand-
to-mouth exposure may occur, dermal exposure is the most likely route of exposure in neonates.
Absorption data from neonatal exposure is not available; however, mean systemic bioavailability
values for ethyl parathion administered topically to weanling pigs were 8.9-9.2% for abdomen skin
and 14.7-19.7% for skin of the back. In In vitro studies using the skin from weanling pigs (viable
perfused skin flap), 1-35% of the topical dose was dermally metabolized (Qiao and Riviere, 1995;
Chang, Williams, Dauterman, and Riviere, 1994).
The weight of evidence suggests that neonates with urine levels of p-NP not exceeding 50 ug p-
NP/L are not likely to experience adverse health effects. Due to factors such as limited phase 2
metabolic capability, ujine levels of p-NP exceeding 50 ug p-NP/L are considered appropriate for
relocating children less than one year of age (YOA) and pregnant womc...
Weight of Evidence - Children and Adolescents
Children greater than 1 YOA are less susceptible to MP than neonates. Their metabolic systems
are capable of both phase 1 and phase 2 metabolism. Epidemiological evidence suggests that
children may be more susceptible to EP than adults (Hayes and Laws, 1991). Developing
mammals are more sensitive than adults to a variety of OPs (Pope, Chakraborti, Chapman, Farrar,
and Arthun, 1991). Pregnant women are not considered a susceptible population; however, unborn
children are a susceptible population. Human fetal exposure to MP cannot be easily determined.
There is information, however, that is useful in assessing fetal risk.
Information concerning p-NP levels in the urine of children following exposure to MP is not
available. 300 ^ig p-NP/L of urine was used as a Level One relocation criteria in children in
Lorain Co, OH. If 300 ug p-NP/L detected were detected in urine, the dose of MP would be
approximately 4 x 10'2 mg MP/kg bw/day. This dose was derived using assumptions for urine
Protocol: May 16, 1997
-------
volume excreted per day (0.019 L/kg bw/day) and a conversion factor (6.9, from Morgan et al.,
1977) to estimate the dose of MP from the level of p-NP in urine (Milt M, 1997).
A single pass procedure was used to perfuse the isolated rabbit and guinea pig lungs with an
artificial medium perfusate containing ethyl paraoxon or EP. Cytochrome P450-related lung
metabolic activity, through which EP is converted to ethyl paraoxon, appears as a major step in
parathion-induced lung ChE inhibition, although it does not appear to affect EP toxicokinetics
(Lessire, Gustin, Delaunois, Bloden, Nemmar, Varga* and Ansay, 1996).
Both hand-to-mouth and dermal exposure are the most likely routes of exposure, particularly in
children (e.g., 1-6 YOA). Absorption data from dermal exposure to MP in children is not
available; however, mean systemic bioavailability values for EP administered topically to
weanling pigs were 8.9-9.2% for abdomen skin and 14.7-19.7% for skin of the back. In In vitro
studies using the skin from weanling pigs (viable perfused skin flap), 1-35% of the topical dose ot
EP was dermally metabolized. Significant first-pass metabolism occurred after topical application.
with EP being metabolized to ethyl paraoxon and p-NP (Qiao and Riviere, 1995; Chang, Williams,
Dauterman, and Riviere, 1994).
Information concerning p-NP levels in the urine of children following exposure to MP is not
available. 300 fig p-NP/L of urine was used as a Level One relocation criteria in children in
Lorain Co, OH. If 300 pig p-NP/L detected were detected in urine, the dose of MP would be
approximately 4 x 10'2 mg MP/kg bw/day. This dose was derived using assumptions for urine
volume excreted per day (0.019 L/kg bw/day) and a conversion factor (6f9, from Morgan et al.,
1977) to estimate the dose of MP from the level of p-NP in urine (Clark Milt, 1997).
Children have competent metabolic systems. If 300 ug p-NP/L is detected in urine, the dose of
MP would be approximately 4 x 10'2 mg MP/kg bv /day. Based on the available information, this
level is belo' levels that have been shown to cause adverse health effects.
Children greater than 1 YOA are less susceptible than neonates to the effects caused by MP;
however, they are more susceptible than adults. Due to factors such as exposure by both oral and
dermal routes and rapid growth rates of children, and limited metabolic capabilities by unborn
children, urine levels of p-NP exceeding 300 \ig p-NP/L are considered appropriate for relocating
children greater than one year of age up to adolescents less than 16 years of age.
Weight of Evidence - Adults
Methyl parathion can cause severe adverse health effects. Death has occurred from dermal
exposure resulting from entry into treated agricultural fields. Ingestion has also resulted in death.
Urine monitoring of agricultural workers has been used to evaluate exposure. At low urine levels
of p-NP (e.g., < 1,000 ug p-NP/L), adverse health effects are not correlated with urinary levels of
p-NP. Adverse health effects usually begin to appear when urinary levels of p-NP are between
Protocol :May 16, 1997
-------
1,500 and 2,000 ug p-NP/L (ACGIH 1996; Kaycs and Laws. 1991, and Biologic Monitoring,
1995).
Information concerning p-NP levels in the urine of adults following exposure to MP in a
residential scenario is limited. 600 ug p-NP/L of urine was used as a Level One relocation criteria
for adults in Lorain Co, OH. If 600 ug p-NP/L detected were detected in urine, the dose of MP
would be approximately 8 x 10"2 mg MP/kg bw/day. This dose was derived using assumptions for
urine volume excreted per day (0.019 L/kg bw/day) and a conversion factor (6.9, from Morgan et
al., 1977) to estimate the dose of MP from the level of p-NP ;n urine (Clark M, 1997).
Sulprofos, disulfoton, azinphos-methyl, methamidophos, trichlorfon, and tebupirimphos were
screened for neurotoxic potential, in accordance with EPA (FIFRA) requirements. Each
organophosphate was administered through the diet for 13 weeks to separate groups of Fischer 344
rats at four dose levels, including a vehicle control. For each study, 12 rats/sex/dietary level were
tested using a functional observational battery (FOB), automated measures of activity (figure-8
maze), and detailed clinical observations, with half of the animals perfused at term for microscopic
examination of neural and muscle tissues. Separate groups of satellite animals (6/sex/dietary level)
were used to measure the effect of each treatment on plasma, erythrocyte (RBC), and brain
cholinesterase (ChE) activity. The results show that measures of ChE activity were consistently
the most sensitive indices of exposure and assisted in the interpretation of findings. All
treatment-related neurobehavioral findings were ascribed to cholinergic toxicity, occurring only at
dietary levels that produced more than 20% inhibition of plasma, RBC, and brain ChE activity.
Neurobehavioral tests provided no evidence of additional cumulative toxicity after 8 weeks of
treatment. The FOB and motor activity findings did not alter the conclusions and generally did
not reduce the neurobehavioral no-observed-effect level (NOEL) for any of the six compounds,
relative to the results from detailed clinical observations as conducted in these studies. The one
exception occurred with tebupirimphos, wher^ the NOEL for motor activity was one dose level
lower than the NOEL for the FOB and clinical observations. These results support the value of
detailed clinica". observations to screen for the neurotoxic potential of organophosphates and a
general standard of more than 20% inhibition of brain ChE activity for cholinergic neurotoxicity
(Sheets, Hamilton, Sangha, and Thyssen, 1997).
Two healthy male volunteers (aged 53 and 62 yrs) were small doses of EP over four 5 day periods
separated by 1-8 wks. Ethyl parathion had no significant effects on cognitive, psychomotor, or
emotive functions (Rodnitzky, Levin, and Morgan, 1978).
Thirty-two doses of MP were evaluated from 1.0 mg/day to 19.0 mg/day but no minimal toxicity
level to man could be established, since there were no significant changes in any of the blood or
urine indices recorded (Rider, Moeller, Puletti, and Swader, 1969).
Neurobehavioral effects of short-term, low-level exposure to diazinon were investigated among 99
pest control workers tested before and after their work shift with a computer-assisted
neurobehavioral test battery. Median diazinon exposure for applicators and non-applicators was
2.1 and 0.03 mg, respectively The study failed to demonstrate diverse behavioral effects of
13 Protocol: May 16, 1997
-------
short-term, low-level diazinon exposure (Maizlish. Schenker. Weisskopf, Seiber, and Samuels,
1987).
Despite methodologic shortcomings in many of the published studies, investigators generally
agree on the presence of several behavioral sequelae of OP poisoning: impaired vigilance and
reduced concentration, slowing of information processing and psychomotor speed, memory
deficit, linguistic disturbance, depression, and anxiety and irritability. The few studies of
asymptomatic workers at risk for repeated exposure to OP pesticides have produced cnly
equivocal findings concerning the presence of less severe or latent forms of these behavioral
abnormalities (Levin and Rodnitzky, 1976).
To assess the potential effects on neuropsychiatric performance of chronic occupational exposure
to OP insecticides, a prospective longitudinal study of a cohort of apple orchard pesticide
applicators (n=49) and a comparison cohort of beef slaughter-house workers (n='0) was
conducted. The study found no clear evidence of clinically significant decrements in
neuropsychological performance following one 6-month season of pesticide exposure in a cohort
of applicators who were felt to have generally low, intermittent, and well-controlled OP exposures
(Daniell, Bamhart, Demers, Costa, Eaton, Miller, and Rosenstock, 1992)
To test the hypothesis that neurobehavioral abnormalities might be present in mild degree in
workers chronically exposed to OP pesticides, 23 subjects were tested for abnormalities in
memory, signal processing, vigilance, language, and proprioceptive feedback performance. The
performance of the exposed workers was not deficient in any of the five measures assessed when
compared with the performance of a control group matched for age and educational background
(Rodnitzky, 1975).
The efiect of organophosphorus compounds on memor>, both immediate and recent, were studied
in the rat. Following acute oral or chronic ;"halatinnal exposure to MP, rats were tested in a
complex maze. Acute oral exposure was found to compromise recent memory function but not
immediate memory function. After chronic inhalational exposure, no significant alterations in
either recent or immediate memory functions were detected (George, Anddrade, and Joseph,
1993).
To test the hypothesis that chronic neurologic sequelae are associated with ChE depression short
of frank OP poisoning, we compared 45 male subjects who had a history of moderate ChE
inhibition with 90 male subjects who had neither past ChE inhibition nor current pesticide
exposure. Cholinesterase-inhibited subjects were defined as having had a history of red blood cell
ChE at 70% or less of baseline or plasma ChE at 60% or less of baseline absent symptoms of frank
poisoning. In the subject comparison evaluation, only 1 of 27 neurologic tests (i.e., serial digit
performance) was significant statistically, but it was opposite of the direction hypothesized. In a
companion study for which the same battery of neurologic tests and the same subjects were used,
neurologic sequelae were related to high exposures among subjects who sought treatment for OP
poisoning. The data in the current study, in which the subjects experienced lower exposures short
14 Protocol: May 16, 1997
-------
of frank poisoning, provide some evidence that pre\enting acute OP poisoning also p. -vents
neurologic sequelae (Ames, Steenland, Jenkins, Chnslip, and Russo. 1995)
California surveillance data were used in a study of neurological function among 123 men
poisoned by organophosphate pesticides in California from 1982 to 1990 and 90 referents. Tests
included a neurological physical examination, 5 nerve conduction tests, 2 vibrotactile sensitivity
tests, 10 neurobehavioral tests, and 1 postural sway test. After correcting for confounding, the
poisoned group performed significantly worse than the referent group on two neurobehavioral tests
(sustained visual attention and mood scales). When the data were restricted to men with
documented cholinesterase inhibition (n = 83) or to men who had been hospitalized (n = 36), the
poisoned subjects also showed significantly worse vibrotactile sensitivity of finger and toe.
Significant trends of increased impairment were found with increased days of disability on a wide
spectrum of tests of both central and peripheral nerve function (Steenland, Jenkins, Ames,
O'Malley, Chnslip, and Russo, 1994).
An index of the relative amount of chronic exposure to OP pesticides was developed to compare
individuals with high and low levels of chronic exposure. Results of neuropsychologic tests and
computer-analyzed electroencephalographic data indicated an association between higher levels of
chronic OP pesticide exposure and frontal lobe impairment (Korsak and Sato, 1977)
Reviews literature on OPs to examine their chemical structure and action and to ascertain the acute
and chronic effects of exposure to OPs. OPs, which are primarily used in pesticides, act directly
on the nervous system by inhibiting the neurotransmitter acetylcholine. The literature supports the
conclusion that moderate to severe acute poisoning is likely to cause chronic neuropsychological
problems that last for years in a portion of those poisoned. However, there is little evidence that
concerns the long-term psychological effects of cl ronic subacute exposure to OPs. OPs evoke a
consistent pattern of physical symptoms and cause acute psychological and behavioral effects,
such as anxiety, depression, and cognitive impairments. Some research has documented cognitive
and emotional deficits due to chronic exposure to OPs, but not all studies have found ill effects
(Mearns, Dunn, and Lees-Haley, 1994).
The effects of low dose exposure to MP on motivation and emotion \vere investigated in male
Wistar-rats. Animals were treated five times weekly for 6 weeks with oral gavage doses of l/50th
or I/100th of the median lethal dose, 0.44 mg/kg of MP; one control group was gavaged with
water, while another received no treatment. At the end of the treatment period, behaviors in open
field and in an elevated plus maze were evaluated. No changes in body weight or signs of
intoxication were noted at the end of treatment. A dose dependent effect on the increase in open
field activity caused by MP relative to tap water was noted; however, grooming activity was
significantly decreased at the higher MP dose. Latency to leave the center of the field, to rearing,
and to defecation were prolonged significantly at the higher dose. Methyl parathion treated rats
remained in the open arms of the plus maze longer than untreated rats; number of transitions in the
open arms were also increased in this group. Defecation rate in the plus maze was significantly
decreased (Schulz, Desi, and Nagymajtenyi. 1990).
Protocol: May 16, 1997
-------
The worker groups were pilots, ground-crews, and field workers; exposed nonworken were adults
and children living in kibbutzim with drift exposures, and household residents in houses treated by
pest exterminators. In all groups, evidence of e::posure-illness associations was found even
though persons with acute poisoning weie not seen. Complaints (headache, dizziness, fatigue,
nausea, breathing problems, abdominal cramps, and tingling in extremities) were associated with
within-normal depressions in ChE activity. Whole blood and plasma ChE activity were slightly
more sensitive indicators of mixed exposure than red blood cell ChE activity. High alkyl
phosphate levels and symptoms were seer, in individuals with within-normal limit depressions in
ChE activity. Complaints of weakness and tingling in hands and feet, together with low-grade
changes in nerve conduction, suggest the possible influence of agents with a neurotoxic
esterase-type activity independent of ChE activity. Transient in-season neuropsychological
changes in tests of mood status and performance were associated with exposure (Richter,
Chuwers, Levy, Gordon, Grauer, Marzouk, Levy, Barron, and Gruener, 1992).
Diethyl phosphate (DEP), an OP metabolite, was found in the urine of symptomatic residents who
resided in a household that had been sprayed with diazinon 4.5 mo earlier. Pre- and
post-decontamination data with regard to symptoms, DEP, ChE, and surface and air levels
underscore the utility of alkyl phosphate metabolites for monitoring exposure. The data also
emphasize the efficacy of clean-up measures when baseline data are not available to determine if
"within-normal" ChE levels are, in fact, depressed (Richter, Kowalski, Leventhal, Grauer,
Marzouk, Brenner, Shkolnik, Lerman, Zahavi, Bashari, et al. 1992).
Acute OP poisoning is known to result in substantial behavioral abnormalities. We assessed
psychiatric manifestations of exposure in workers less substantially exposed to OP compounds and
showing no obvious signs of toxicity. Commercial pesticide sprayers and farmers recently
exposed to OP agents were compared to control subjects on personality tests, a structured
interview, and ChE level. The commercial sprayers but not the exposed farmers showed elevated
of anxiety and lower plasma ChE than control suojects. Assessment of other behavioral
manifestations and red blood cell ChE failed to disclose other group differences. These findings
are viewed as tentative until confirmed by additional study, but they point to the possibility that
OP compounds may produce subtle defects in workers who are not obviously toxic. The findings
do not justify public alarm but do suggest an area warranting more systematic and definitive
investigation (Levin, Rodnitzky, and Mick, 1976).
Urinary levels of p-NP may have sources other than metabolism of MP. p-NP may be released to
the environment in fugitive emissions or in wastewater during its production and use as a chemical
intermediate in the manufacture of MP and EP, N-acetyl-p-aminophenol and dyestuffs as well as a
leather treatment agent. It is a photooxidation product of nitrobenzene in air and aromatic
hydrocarbons such as benzene, toluene, and phenanthrene with nitric oxide in air. It is emitted in
vehicular exhaust from both gasoline and diesel engines. p-NP is also a degradation product of
methyl parathion and may be an impurity in methyl parathion formulation and, therefore, may be
released during the application of »he insecticide.
16 Protocol :May 16, 1997
-------
Although acute effects in Adults resulting from exposure to MP are well characterized, there is
concern that chronic adverse health effects following both acute and chronic low level exposure to
MP may occur. Studies of subjects with long term lower level exposure are also suggestive but
not as consistent as studies of poisoned subjects (Steenland, 1996).
The weight of evidence indicates that adverse effects are not likely to occur unless an acute
exposure has occurred. If 600 ug p-NP/L is detected in urine, the dose of MP would be
approximately 8 x 10'2 mg MP/kg bw/day (Clark, M, 1997). Based on the information available,
this level is below levels that have been shown to cau^c auvw.se health effects. Due to factors such
as uncertainties concerning previous exposure history, health status, and potential adverse health
effects from chronic exposure, urine levels of p-NP exceeding 600 ug p-NP/L are considered
appropriate for relocating adults.
Comparison of Urine Criteria to Human Health Levels
The U.S. Environmental Protection Agency guidance recommends presentation of risk based
analyses and decisions in relationship with derived adverse health levels and standard health
criteria (EPA, Risk Assessment Guidance for Superfund, EPA/540/1 -89/002; EPA, Risk
Characterization Policy, 1995). Although a few studies have been conducted on the relationship of
p-Np urine levels to adverse health effects in persons, there are few subchronic or chronic human
health studies of MP exposure. As previously discussed, permanent and subtle, chronic adverse
effects on memory, abstraction, mood, and reflexes have been reported in workers having had
previous acute exposures to MP and other organophosphates (Savage, 1988). It is unknown if
permanent memory impacts in humans may also occur at low, subchronic doses (rats treated for 6
weeks with dosages of 0.2 and 0.4 mg MP/kg-bw-day) as reported in animal studies (Schulz, Desi,
and Nagymajtenyi 1990). As a result, comparisons of the estimated MP doses from p-Np criteria
levels (50, 300, and 600 ppb) in urine to those causing the Lowest Observed Adverse Effect Levels
(LOAELs), No Observed Adverse Effect Levels (NOAELs), and EPA Reference Doses (RfDs) in
animals exposed by the oral route are provided below for perspective.
Evaluations of the disappearance of MP in Mississippi homes found an exponential disappearance
of the pesticide [equation MP(mean)= 297.5e-000307
-------
3.02 mg/kg-bw-day after four weeks (4% of lifetime) (Minima, MRID No. 43490501, 1994; .
Fricke, Swentzel, 10/6/96 EPA memorandum). Plasma, RBC, and brain ChE activities were
depressed from 38 to 93%. At a dosage of 0.29 mg/kg-bw-day, depression of RBC ChE activities
of 19-24% was also observed at four weeks in male rats. A NOAEL of 0.029 mg/kg-bw-day was
determined by EPA. These studies were undertaken and submitted to EPA for review and
approval as part of pesticide registration requirements.
Maze performance of rats treated for 6 weeks (6% of lifetime) with MP was impaired at dosages of
0.2 and 0.4 mg/kg-bw-day (Schulz, et al., 1990), similar to those dosages causing other adverse
effects in the Minima subchronic study and other chronic animal studies. EPA's lifetime chronic
RfD of 2.5 E-4 mg/kg-bw-day is derived from a two year rat study (Suba, 1984). Significant
adverse endpoints measured in this study included reduction in hematocrit, a decrease in
erythrocyte counts, and abnormal gait at 0.25 mg/kg-bw-day (LOAEL). The NOAEL was 0.025
mg/kg-bw-day.
In the table below, comparisons are provided between subchronic RfDs, animal LOAEL/NOAELs,
and estimated MP doses calculated from the urine criteria values of 50, 300 and 600 ppb p-Np
(Morgan, et al., 1977; Clark, 12/14/94 EPA memorandum). Average urine production of 0.019
1/kg-bw-day is applied (EPA lead studies) with 29% of daily MP dose recovered in the urine,
uncorrected for spiked recoveries.
While the proposed p-Np criteria yield estimated MP doses above EPA's current subchronic RfD
derived from the Daly and Rinehart study, they are all below the LOAELI found in animal studies.
The 300 and 600 ppb criteria are slightly above the animal NOAELs, using the Minima and Schulz
studies, but not in comparison with Daly and Rinehart. Due to declining pesticide levels in homes,
relatively short term (two-three years) exposures, absence of established ChE depressions in
exposed persons, the steering committee concluded that the urine criteria provide an appropriate
level of health protection for interior residential exposures. In addition, relocation and EPA
directed cleanups will occur with any single urine sample exceeding the criteria. For those houses
not decontaminated, educational measures (e.g., avoiding contact with baseboards) will help
reduce exposures to MP.
Table 3. Comparison of MP Estimated Dosages From p-Np Versus RfD, LOAEL,NOAEL
Animal Results14
p-Np
ug/1
50
(<\ year)
0.007 mg/kg-d
asMP
300 (> !<6y ears,
pregnant)
0.04 mg/kg-d as MP
Subchronic RfD
Daly & Rinehart
3
16
LOAEL/NOAEL
Daly & Rinehart
0.003/0.03
0016/0.16
LOAEL/NOAEL
Minima3
0.023/0.23
0.14/1.4
18
Protocol: May 16, 1997
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600
(>6 years)
0.08 mg/kg-d
asMP
3!
0031/0.31
0.27/2 7
' For average creatinine adjusted unnp production where MP - (0.019 I urine JVC/kg-BW-day, EPA lead
studies) x (p-Np value in ug/l) x (6.9, dose conversion factor from Morgan et al., 1977)
- Values in table are estimated MP doses from urine divided by EPA health criteria derived from animal
studies. L-l value of 600 ppb established at 10% ChE reduction in adult males (Clark, 1994). Greater
levels of protection were derived for children, pregnant women, and infants based upon analyses and
discussions with federal and state health officials.
'Ratios reported using 0.2 mg/kg-bw-day low dose from Schuiz maze/neurobehavorial study are similar
(45% higher).
19
Protocol: May 16, 1997
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ATTACHMENT A
EXPOSURE SURFACE ENVIRONMENTAL SAMPLING PROTOCOL
A - 1 Protocol May 16, 1997
-------
METHYL PARATHION HEALTH SCIENCES STEERING COMMITTEE
Exposure Surface Sampling Protocol
This protocol has been established for the purpose of collecting methyl parathion residue data to
1') assess potential exposure(s) to methyl parathion misapplied inside homes, and 2) provide
recommendations for decontamination of contaminated homes.
Sample Type and Sampling Locations Per Residence
The sampling scheme will include a minimum of four (4) samples taken from various locations
(high-contact areas) within a residence believed to have been treated with methyl parathion.
These sampling areas are:
Sample No.
01
02
03
04
05 'optional)
06 (optional)
Type of Sample
Surface Wipe
Surface Wipe
Surface Wipe
Surface Wipe
Surface Wipe
Surface Wipe
Location
Blank
Kitchen Baseboard
Living Area Baseboard
Bedroom Baseboard
State Discretion
State Discretion
Description of Sampling Locations
01
02
03
04
BLANK (Check Surface Swab)
KITCHEN BASEBOARD NEAR REFRIGERATOR. Collected immediately
adjacent to the kitchen refrigerator.
LIVING AREA BASEBOARD. Collected from the baseboard in the vicinity of
where person could watch television or a child could play.
BEDROOM BASEBOARD. Collected from the baseboard on the wall in the
closest vicinity of lod. The bedroom is selected on the basis of the following
priority: child < 6 /ears in age - women of child bearing age - adults.
A - 2
Protocol May 16, 1997
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05 & 06 STATE DISCRETION. Optional samples to be collected at the discretion of the state
responsible agencies. State will develop site specific protocols which are dependent
on application patterns. Potential sample locations are high contact/exposure areas
. such as food preparation areas, living area floor or second bedroom. The second
bedroom may be selected on the basis of the following priority: second child < 5 years
in age - women of child bearing age - adults. Air sampling may also be conducted as
one of the discretionary samples.
SAMPLING MATERIALS:
Disposable latex or vinyl gloves
Cotton gauze (swabs) or equivalent
Solvent - Pesticide grade Isopropyl Alcohol
Templates -10 cm x 10 cm
Glass vials/jars with teflon screw top lids
Labels for identification of samples/vials
Sample Collection Report
Chain of Custody Forms
Chain of Custody Sample Seals
SAMPLING PROCEDURE:
* Complete required paperwork including:
- Sample Collection Report form
- Identification labels
- Chain of Custody Seals
* Attach identification labels to sample vials
* COLLECTION OF SAMPLE NO. 1
- Appropriate blank as per Region/State SOP. Put on a clean, new pair of gloves.
Take one gauze pad (swab) charged with isopropyl alcohol solvent; place the charged
swab in the appropriate marked vial or jar.
- Dispose of gloves.
* COLLECTION OF SAMPLE NO. 2
- This surface sample is to be collected from the kitchen baseboard immediately
adjacent to the refrigerator.
- Put on a clean, new pair of gloves. Take one gauze pad (swab) charged with the
isopropyl alcohol solvent. Take the charged swab, appropriately labeled jar/vial and
A - 3 Protocol May 16, 1997
-------
one template into the house. Affix/position the template so that half of the cut out area
is on the kitchen baseboard and the rerr.aining half of the cut out area is on the kitchen
floor. Swab the cut out area of the template (10 cm x 10 cm) with the charged gauze
pad. Place the swab in the appropriately marked vial/jar .
- Exit the home.
- Dispose of gloves.
* COLLECTION OF SAMPLE NO. 3
- This surface sample is to becollected fron. Loowl^ord in the vicinity of where a
person could watch television or a child could play.
- Put on a clean, new pair of gloves. Take one gauze pad (swab) charged with the
isopropyl alcohol solvent from the container. Take the charged swab, appropriately
labeled jar/vial and one template into the house. Affix/position the template so that
the cut out area is along the baseboard in the vicinity of where a person could watch
television or a child could play. Swab the cut out area of the template (10 cm x 10 cm)
with the charged gauze pad. Place the swab in the appropriately marked vial/jar.
- Exit the home.
- Dispose of gloves.
* COLLECTION OF SAMPLE NO. 4
- This surface sample is to be collected from the baseboard in the closest vicinity of
the bed. The bedroom is selected on the basis of the following priority: child < 5
years in age - women of child bearing age - adults, with a child's room receiving the
highest priority.
o
- Put on a clean, new pair of gloves. Take one gauze pad (swab) charged with the
isopropyl alcohol solvent from the container. Take the charged swab, appropriately
labeled jar/vial and one template into the house. Take the charged swab, sample vial
and one template into the house. Affix/position the template so that half of the cut out
area is on the bedroom floor and the remaining half of the cut out area is on the
bedrogm baseboard. Swab the cut out area of the template (10 cm x 10 cm) with the
charged gauze pad. Place the swab in the appropriate marked vial/jar.
- Exit the home.
- Dispose of gloves.
* COLLECTION OF SAMPLE NOS. 5 AND 6 (OPTIONAL!
- Optional samples to be collected at the discretion of the state responsible agencies.
State will develop site specific protocols which are dependent on application patterns.
Potential sample locations are high contact or exposure areas such as food preparation
areas, living area floor or second bedroom. The second bedroom may be selected on
the basis of the following priority: second child < 5 years in age - women of child
A - * Protocol May 16, 1997
-------
bearing age - adults. Wipe samples should follow the general above protocols.
Air sampling, if necessary, should be collected based on a state specific standard
operating procedure.
SAMPLE INTEGRITY AND CUSTODY:
* The samplers should follow appropriate Regional/ State Standard Operating
Procedures for sample integrity and custody.
ENFORCEMENT SAMPLES:
Additional enforcement wipe samples may be taken at the discretion of state and federal
agencies.
A - 5 Protocol May 16, 1997
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ATTACHMENT B
RECOMMENDATIONS FOR URINE COLLECTION PROTOCOL
Protocol: May 16,1997
-------
Urine Protocol
Background:
The Methyl Parathion Steering Committee (MFSC) was charged to determine the usefulness of
urine para nitrophenol (pnp) analysis, in combination with environmental data, for decisions
related to the relocation Of persons from residences sprayed with methyl parathion. The Methyl
Parathion Health Sciences Steering Committee has protocol has been reviewed by an "expert
Panel" and the report of the panel is attached as Attachment C. The reviews included scientists
and management within the agencies involved (EPA, ATSDR and state health departments) and
by a group of external specialists knowledgeable about the toxicology and potential health effects
related to methyl parathion. The protocol being developed (see attachment A) is designed to
utilize results of individual urinary pnp analyses to assist agencies in both public health and risk
management decisions. The recommendations from this workgroup were reviewed as indicated.
The charge to this workgroup from the Steering Committee was:
Develop a protocol that has a consistent, scientifically based methodology for the collection,
handling, and shipping of urine samples; and the compilation of information on an exposure
assessment questionnaire. This protocol shall maximize the predictive capability of the p-
nitrophenol analysis for methyl parathion exposure.
Members of this workgroup included representatives from, EPA Regions IV, V, VI, EPA
Environmental Response Team, ATSDR, Mississippi State Department of Health, Louisiana
Office of Public Health, Tennessee Department of Health, Shelby County, TN, Arkansas
Department of Health,and Illinois Department of Health .
Recommendations, Technical Issues:
1. The use of urine pnp analyses as in indicator of recent exposure to methyl parathion in this
non-occupational setting is appropriate. While collection of urine samples requires certain
expertise from trained staff, it can be accomplished in a field setting (the home, or local clinical
facility).
2. A protocol with clearly defined methods for collection, handling and shipping of the urine
samples exists and is currently being used [Specimen Collection and Shipping Protocol for the
Analysis of Pesticide Metabolites (Para-nitro-phenol) in Urine, by National Center for
Environmental Health, Centers for Disease Control and Prevention]. This protocol should be
continued.
3. Due to the rapid elimination rate of pnp from the body (reported as 70 -80 % eliminated in 6
8 hours) it is imperative that collection times be controlled to coincide with exposure (i.e., be
predictive of current exposure). A review of the medical and toxicologic literature has not
B-l Protocol: May 16,1997
-------
provided a definitive answer to when is the best time for sample collection. A seven day urine
study will be instituted by the states to better define ;he best tiime for urine collections as
suggested by the Expert Panel. In occupational settings, urine pnp sampling occurred at end of
work time. With the potential for more intermittent exposures of families, depending on location
of the sprayed MP in the home and time spent at individual activities, predictive sampling is
more difficult.
In an effort to optimize sampling predictive capability two activities are ongoing -
1) review of periodic urinary pnp results collected from individuals
Two sets of data are being reviewed. The first set involves individuals in Lorain, OH
(data provided by Milt Clark, EPA, Region 5). Urine samples were collected morning
and evening for 2 days from the Lorain participants from approximately 40 indiduals.
Data for the second set is being collected by Mississippi State Department of Health and
results are expected in the near future (see Attachment 2, Proposal for Investigation on
pnp Urine Collections). The workgroup intends to review these data and then refine any
recommendations to the steering committee.
2) development of a exposure questionnaire
At the time that urine samples are collected an exposure questionnaire will be
administered. The information on exposure will provide assurance that the samples
collected are predictive of exposure.
Recommendations - Process Issues:
The MPSC draft protocol has several changes from the current protocol, ur "Lorain protocol".
The changes that relate to urine collections occur in two phases of the draft MPSC protocol.
1. Two urine samples are to collected initiallyr rather {han one-
Dec'sions on v/hen the most appropriate time would be for collecting those two samples depend
on results of the periodic urine sampling result being reviewed by the workgroup. To facilitate
review of pnp results, an individual's samples should be sent together for analyses; this would
assure that results arrive to, and can be acted upon by, the local health department in a timely
manner. The higher pnp results would be used for further decisions using MPSC protocol
criteria.
2. A biomonitoring phase is included for individuals who are not relocated hut who do h»v
-------
samples may provide agencies involved with data on seasonal variations (aomes closed more
with air conditioning or central heating vs. more open \eutilation during certain seasons). Health
educational efforts will also be ongoing while residents remain in their homes. Such educat :m is
intended to assist family members with messages designed to prevent further exposure to MP
(i.e., reduce exposure and be more protective to individual health).
Quarterly sampling may identify individuals who are indeed lessening exposure to MP, either
through prevention techniques, or by degradation of the pesticide (degradation rates in these
homes are not yet accessible). In addition, pnp biomor"'t^r'n
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1.
ATTACHMENT I
PROTOCOL FOR MP DEVELOPED BY MPHSSC
Determine usefulness of urine p-nitrophenol analysis in combination with environmental
data for relocation of people from residences sprayed with methyl parathion.
Once methyl parathion in a residence has been confirmed by exposure surface samples above
an average concentration oflSug/100 cm2, urine p-nitrophenol will be used as the
determination for the relocation of people from residences. The State Health Officer, and/or
his/her designee, may request exceptions (e.g., Attachment C, pg 6,11)
Recommended
Action
I
No Further Action
__
i
Urine Monitoring
Relocation
Comments
— |^__________^^^^^j^^^^^^^^^^^^_^^^^^^^^_.
Age Group ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^Hl
0- lyear- < 16
years
^ 1 6 years
< 25 ppb in urine
and
<50ug/100cm2
exposure based
sampling
< 100 ppb in urine
and
< 50 ug/lOO cm2
exposure based
samjling
< 300 ppb in urine
<50ug/lOOcm2
exposure based
sampling
^•^•^•••^•••••••^••^•^•I^B^^HH^B^
25-50 ppb in urine;
or
< 25 ppb in urine
and
>50ug/lOOcm2
exposure based
sampling
100-300 ppb in urine;
or
< 100 ppb -n urine
and
> 50 ug/100 cm2
exposure based
sampling
300-600 ppb in urine;
or
< 300 ppb in urine
and
> 50 jig/ 100 cm J
exposure based
sampling
•^•^•^^^••^•^•^•^H
> 50 ppb in
urine
> 300 ppb in
urine
> 600 ppb in
urine
•— — — ii
The initial urine sampling event will be
based upon two discrete urine samples;
the higher result will be used for
decisions.
Frequency of urine monitoring will be 1
once a quarter until the infant reaches 1 2 1
months of age. For all other groups,
monitoring will be conducted on a
quarterly basis (regular intervals) for a
minimum of one year to confirm that the
exposure scenario.
Once urine samples are decided to be 1
collected in a house, all residents are
offered to be monitored.
Any one individual from any category
exceeding relocation benchmarks
established will trigger relocation.
All exposure based sampling is averaged.
All urine numbers are crcatinine adjusted, if creatinine numbers are not available weight basis
will be utilized.
B-4
Protocol: May 16,1997
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ATTACHMENT 2
Proposal for Mini Investigation to Attempt to Determine Optimal Urine Collection
(maximize urinary p-NP level)
Concept: Collect several urines from the same individuals over the course of a day or days.
Relate levels found to data collected from an exposure assessment questionnaire.
Potential subjects: The MSDH has 3 employee families living in homes with MP contamination
(2 in Level 1 homes that have elected not to relocate and one (1) in a Level 3 home). Other
families are known to the MSDH personnel to be in L1 or L2 homes. Collection from younger
•children (pre-school) would be desirable, but difficult due to the need to use of urine bags.
Proposed collection times: 1) first morning void, 2) mid-day void, 3) late afternoon/ early
evening void, 4) bedtime void, and for older adults, 5) late night/early A.M. void. A 24-hour
urine with spot collections would be ideal, but refrigerated storage of collection bottles would be
a m?jor obstacle. With spot collections, an ice che^t with ice and or dry ice would be sufficient
to hold the volume of collections at the proper holding temperature. Late afternoon/evening
pickup could be arranged for transport to HD. A series of collection cups could be pre-la'oeled
(name, date) with only the collection time needed to be filled in, or could provide a log sheet for
each participant to be filled in at time of void.
Exposure assessment questions:
I. Standard demographics.
(we have date of last treatment and existing wipe data.
2. Day of week (weekday vs weekend)
3. Estimated hours spent in home environment prior to first spot collection.
4. Time spent outside of home on day u." wolleuion (e.g., trip to store, church, play outside,
etc.)
5. Work/School/Daycare prior day or 8 hours.
6. Household activities that might enhance exposure potential, i.e., house cleaning, watching
tv (kids in floor), cooking/keeping child in kitchen,
7. Weather, AC/Heat on, windows open/closed, high/low humidity, rain etc.
B-5 Protocol: May 16,1997
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OSWER 9285.7-27B
MEMORANDUM
SUBJECT: Guidance on Use of the Methyl Parathion Urine Protocol for Residential Rental
Properties and Properties Where Occupancy Changes
FROM: Timothy Fields, Jr.
Acting Assistant Administrator
TO: Regional Superfund Division Directors
PURPOSE:
This memorandum provides guidance to EPA Regions in making decisions on the need
for response action at certain types of properties contaminated with methyl parathion. This
memorandum addresses (i) residential rental properties, and (ii) residential properties where the
initial sampling does not trigger relocation, but subsequent occupancy changes may affect
residents' exposure to methyl parathion.
BACKGROUND:
In a May 16, 1997, memorandum (OSWER Directive, 9285.7-27), EPA/OSWER
provided guidance to EPA Regions on criteria to use in deciding on the appropriate response
action at owner-occupied homes contaminated by methyl parathion. Under that guidance, in the
absence of site-specific correlations between environmental levels of methyl parathion and levels
of p-nitrophenol (p-NP) in urine samples, the p-NP levels in urine became the prime determinant
for decision-making. The urine protocol establishes different action levels for four categories of
residences, which are:
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CHGRNT11 WPU
residences where relocation and cleanup are required based on initial urine mon'toring
results
B
residences where quarterly urine monitoring is required for twelve months after initial
offer for urine monitoring
C
"D"
residences where no further action is required based on initial environmental samples
and urine monitoring results
residences where no urine monitoring is required because environmental wipe sampling
did not detect sufficient methyl parathion
This same protocol applies to residential rental properties.
DEFINITIONS:
For the purposes of this guidance:
"Residential properties" includes dwellings (e.g., apartments, mobile homes, trailers and
houses) that are owner-occupied or where the residents rent from an owner.
"Residential rental properties" is a subset of "residential properties" that includes
dwellings (e.g., apartments, mobile homes, trailers and houses) where residents rent from an
owner. However, "residential rental properties" does not include owner-occupied houses where
the owner rents parts of the house to other residents. Such houses should generally be treated the
same as owner-occupied houses where there are no rental units.
"Occupancy changes" include pregnancy and new owners or tenants in the residential
property unit.
DISCUSSION:
EPA Regions should give primary consideration to the protection of public health and the
environment in making response decisions for residential properties contaminated by methyl
parathion. Therefore, decisions to take Fund-lead action should be consistent with the urine
protocol at methyl parathion-contaminated residential properties. The following discussion
addresses application of the urine protocol at residential rental properties and at residential
properties where occupancy changes occur.
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I i vvru
Residential Rental Properties
Sampling. Environmental and biological sampling should proceed at residential rental properties
in accordance with the urine protocol issued on May 16, 1997. At owner-occupied dwellings,
EPA has generally deferred to owners who request that EPA forego environmental sampling.
However, at residential rental properties, EPA should proceed with environmental sampling if
either the owner or the resident requests it. Where a resident requests sampling, but the owner
refuses (or vice versa), Regions may issue an order to obtain access to collect environmental
samples.
Relocation of Category A Rental Unit Residents. In general, if a urine sample p-NP level
indicates that a unit at a residential rental property is Category A, then all the tenants of that unit
should be relocated as quickly as possible. The relocated residents should be provided
temporary housing until (i) the residents obtain a new lease at another residential rental property
(up to thirty days unless EPA decides that circumstances warrant an extension, subject to
applicable laws), or (ii) their contaminated rental unit is decontaminated and restored and a
public health official has certified it for re-habitation, whichever occurs first. In most situations,
EPA will conduct and fund the initial relocation to temporary housing because of the urgency of
the health threat. However, EPA should encourage rental property owners to assist EPA with
the relocation of residents of Category A rental units. For example, residential rental property
owners may own or be able to locate other comparable units available for rent; they also may
waive some move-in fees for tenants who relocate to other properties they own; and they may
allow tenants to terminate their leases at the contaminated rental unit early without imposing fees
or penalties. EPA should discourage residential rental property owners who caused or ordered
methyl parathion contamination from seeking continued lease payments or early termination fees
from tenants of Category A rental units who wish to terminate their leases early.
Cleanup of Category A Rental Units. EPA expects owners of Category A residential rental
properties to clean up contaminated rental units. If, however, the property owner fails to clean up
the contamination, EPA personnel should coordinate with State or local health officials to seek
the most effective means to (i) discourage re-occupation of any still-contaminated Category A
rental units or (ii) require owners of Category A rental units to notify prospective new tenants in
writing about the potential health hazards from the contamination and the prudence of urine
monitoring. Additional guidance follows:
1 • Owner unable to pay. EPA will consider Fund-financed cleanup to the extent that the
owner is not able to pay for the response action . For example, if the owner demonstrates
inability to pay with his or her own resources or insurance coverage, Fund-financing may
be appropriate.
2. Owner did not approve contamination. EPA will consider Fund-financed cleanup if a
tenant caused or ordered the contamination of his or her unit without the owner's
approval. If EPA decides to clean up the property, EPA will first seek to have the owner
or tenant assign any insurance proceeds and the rights to pursue claims under the
-------
CHGKN111 VVKU
insurance policies.
3. Owner refuses to act, and . J-occupancy may occur. If the owner will not clean up a
Category A residential rental property, and State or local authorities cannot or will not
effectively discourage re-occupation of contaminated units, EPA will consider
Fund-financed cleanup. If EPA decides to clean up the property, EPA will first seek to
have the owner assign any insurance proceeds and the rights to pursue claims under the
owner's insurance policies. EPA may pursue cost recovery if the owner has ability to pay
for the relocation and/or cleanup.
Occupancy changes
Under the urine protocol (developed by the Methyl Parathion Health Sciences Steering
Committee and distributed as EPA/OSWER directive 9285.7-27) "the frequency ofunne
monitoring at Category B residences is once per quarter for a minimum of one year to confirm
the exposure scenario." EPA generally will support urine monitoring at a residence for a twelve
month period to monitor methyl parathion exposure and will respond accordingly. As discussed
below, EPA may support extended monitoring beyond the twelve month monitoring period in
certain limited cases when an occupancy change would likely result in exposure of susceptible
populations (i.e. children up to five years of age and pregnant women). Where this extended
monitoring triggers relocation, EPA will respond accordingly.
Twelve Month Monitoring Period. The monitoring period generally will not exceed twelve
months in any residential property. The monitoring period begins when a State or local health
agency proposes to take urine samples at a residence. The twelve month monitoring period
applies to each residential unit and generally ends on the same date for all occupants of a
residential unit regardless of whether or not any occupancy changes have occurred. However,
state and local health agencies may request EPA's support for continued urine monitoring for
susceptible populations beyond twelve months ^,i a ca^^ by-case basis as necessary to gain a
reasonable degree of confidence that public health and the environment are protected. EPA may
support such continued monitoring for children up to five years of age and pregnant women for
not more than six additional months at a residence.
Occupancy Changes During Monitoring Period. If occupancy changes occur in a Category B
residence during the twelve month monitoring period, urine monitoring for those residents in the
unit generally should continue only until the end of the initial twelve month period, except in
limited cases of extended monitoring as noted above. If occupancy changes occur at a Category
C residence during the twelve month monitoring period and the residents request sampling, then
the urine protocol should be applied to the new and pregnant residents for the remainder of the
initial twelve month period, except in limited cases of extended monitoring as noted above. If
residents or tenants vacate a residence during the twelve month monitoring period, monitoring of
the departing residents will cease because their exposure to methyl parathion in that residence has
been eliminated.
Vacant Residence Becomes Occupied. A modified procedure may be applied if a residence was
-------
vacant when environmental wipe sampling occurred and the sampling would have triggered urine
monitoring. If that residence becomes occupied during the twelve month period following the
initial wipe sampling, EPA should apply the urine , .otocol if a new resident requests it. In this
case, the twelve month urine monitoring time period begins with EPA's receipt of the results of
the initial environmental wipe sample and should generally continue only for the remainder of
the twelve month period, except in limited cases of extended monitoring as noted above.
Notify Prospective Occupants. For Category B and C residences, EPA should coordinate with
appropriate State or local health officials to seek the most effective means to encourage current
property owners to notify future property owners and/o; ^.uuuo in writing about potential health
hazards from the methyl parathion contamination and the prudence of urine monitoring. EPA
may pursue cost recovery against an owner who failed to so notify prospective occupants if
relocation and/or cleanup is subsequently required under the urine protocol.
This memorandum, and any internal procedures adopted for its implementation, are
intended solely as guidance for employees of the U.S. Environmental Protection Agency. This
does not constitute a rulemaking and does not create any legal obligations. The extent to which
EPA applies this guidance will depend on the facts of each case.
cc: Regional Counsel, Regions 1-10
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Guidance On Temporary
Relocations During
Superfund Removal
Actions
Reeyded/Recyelable • Printed with Vegetable Based Inks on Recycled Paper (20% Postoonsumer)
-------
Guidance on Temporary Relocations
during Superfund Removal Actions
EMERGENCY RESPONSE BRANCH
U.S. EPA Region 5
August 1996
-------
Table of Contents
I. Purpose and Objective 1
n. Background 2
m. Polities 3
A. Determination of Need for Temporary Relocation 3
B. Temporary Relocation Benefits 3
1. Eligibility Criteria 3
2. Eligible Expenses 4
3. Ineligible Expenses 6
4. Reimbursement for Non-residential Relocations 6
5. Termination of Benefits 7
6. Appeals 7
7. General Requirements for Reimbursement of Expenses 8
C. Conversion to Permanent Relocation 8
D. Site Security 8
E. Public Affairs and Community Involvement 8
1. Public Affairs 8
2. Community Involvement 9
3. Congressional Relations 9
IV. Operations 10
A. Determination of Who Should Be Relocated 10
B. Procedures for Requesting Support 10
1. Notification of HQ EPA 10
2. Procurement of COE/USBR Support 10
3. Contractor Support 10
C. Planning 11
1. Preliminary 11
2. Site-specific Relocation Plan 12
D. Identification of Suitable Temporary Housing . . , 12
1. Residential Relocations 12
2. Relocation of Businesses 13
E. Establishing FMR Guidelines 13
F. Establishing the Daily Allotment 13
G. Notice to Occupants of Affected Properties 13
H. Application and Eligibility Determination for Temporary Relocation Benefits 14
1. Eligible 14
2. Withdrawn 14
I. Time Limits for Filing Claims for Temporary Relocation Assistance 14
J. Temporary Relocation Assistance Documentation and Control 14
K. Relocation Assistance Advisory Program 15
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Guidance on Temporary Relocations during Superfund Removal Actions
Attachments
1 FEDERAL PER DIEM RATES 16
2 ESSENTIAL FURNITURE ITEMS 17
3 SAMPLE U.S. EPA TERMINATION NOTICE 18
4 SAMPLE TERMINATION GUIDANCE (U.S. EPA) 20
5 EMERGENCY RESPONSE CHECKLIST - RELOCATION OPERATIONS 22
6 SCOPE OF WORK 23
7 SPECIAL CONDITIONS FOR REMOVAL ACTION INTERAGENCY AGREEMENT 24
8 DECENT, SAFE, AND SANITARY (DSS) STANDARDS 27
9 COMPARABLE REPLACEMENT HOUSING 28
10 SAMPLE NOTICE LETTER 29
11 APPLICATION FOR SUPERFUND TEMPORARY RELOCATION ASSISTANCE 30
12 LIST OF ACRONYMS 31
111
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Guidance on Temporary Kelocaoone aunng supenuiia nsmovai Actions
I. Purpose and Objective
The purpose of this guidance is to provide On-Scene
Coordinators (OSCs), Remedial Project Managers
(RPMs), and Regional Counsel of the United States
Environmental Protection Agency (U.S. EPA) with
policy and procedures for determining eligibility and
entitlement of persons who are temporarily relocated
during removal actions carried out under Section 104(a)
of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA), as
amended by the Superfund Amendments and
Reauthorization Act (SARA). This guidance also
supplements die Unifonn Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (URA),
as amrndrd, and the Unifonn Relocation Assistance and
Real Property Acquisition Regulations for Federal and
Federally Assisted Programs, contained in 4£CFR Part
24.
The objective of this guidance is to ensure compliance
with relevant laws and regulations governing the
temporary relocation of persons and/or their personal
property from real property as a result of a removal
action under CERCLA and amendments thereto.
Additionally, it is intended that this guidance will serve
as a useful resource tool for U.S. EPA OSCs/RPMs
and others involved in removal actions.
For the purposes of this guidance, all relevant terms are
defined according to the respective laws and regulations
from which these terms are derived.
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Guktence on Temporary Refocatfons during Supecfund Kamova
II. Background
In 1971, Congress enacted the Uniform Relocation
Assistance and Real Property Acquisition Policies Act,
Public Law (PL) 91-646 at 42 U.S.C. Section 4601.
This Act was designed to ensure uniform and equitable
treatment of persons being relocated from then' homes
and businesses by Federal and Federally-funded
programs such as disaster relief or declarations of
national emergency, and projects such as acquisition of
property for the construction of Federally-funded
highways. Congress later expanded the scope of
benefits available under PL 91-646 in 1987, when it
enacted certain amendments to this law. Additionally,
these amendments established the Department of
Transportation (DOT) as the lead agency for
implementing PL 91-646. Under its authority as lead
agency, DOT issued uniform regulations for
implementing PL 91-646. These uniform regulations,
published at 49 CFR Part 24, contain rules specifically
for conducting permanent relocations, and generally for
temporary relocations.
While permanent relocation usually involves the
acquisition of real property by the Federal Government
and relocation of the occupants to a new location,
temporary relocation does not involve the acquisition of
real property. Appendix A of the DOT uniform
regulations makes a distinction between displaced
persons (owners or occupants of real property being
acquired for Federal or Federally-assisted projects) and
owners/occupants of real property who are required to
relocate temporarily in connection with such projects.
A CERCLA removal project may require that U.S.
EPA relocate persons temporarily for their own health
and safety, or to allow U.S. EPA to conduct the
necessary cleanup activities.
Appendix A of the Uniform Regulations promulgated
by DOT notes that agencies should exercise great care
to ensure that persons who are being temporarily
relocated are treated fairly and equitably. The
Appendix farther provides mat persons not permanently
relocated hi Federal or Federally-assisted projects "must
be reimbursed for all reasonable out-of-pocket expenses
incurred in connection with the temporary relocation,
inrimting moving expenses and increased housing costs
during the temporary relocation." This reimbursement,
when authorized with respect to CERCLA removal
actions, is known as Temporary Relocation Benefits and
Assistance for Superfund Sites.
Temporary relocations present special problems because
they can be particularly disruptive to the affected
persons. Additionally, temporary relocations can
present difficulties in determining the scope of
relocation benefits. It is the responsibility of U.S. EPA
to ensure that persons being temporarily relocated as
part of a removal action are treated within the spirit and
intent of PL 91-646, so that individuals do not suffer
undue hardship as a result of being temporarily
relocated by U.S. EPA-funded activities.
The remainder of this guidance will address the policies
and implementation of relocation operations during
CERCLA removal actions, as well as the parameters
and the administration of temporary relocation
assistance, in light of the more general provisions in
Appendix A of the DOT uniform regulations.
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(juiaance on temporal y
ouf>onu>iw . -~.
III. Policies
A. Determination of Need for Temporary
Relocation
The U.S. EPA OSC/RPM determines the need for the
temporary relocation of threatened individuals as pan of
any remedial or removal action. Upon making such a
determination, the OSC/RPM men contacts the Real
Property and Space Management Services Branch, at
the Facilities Management Services Division (FMSD),
Headquarters U.S. EPA (HQ EPA), which is
responsible for ensuring the proper implementation of
PL 91-646 at CERCLA removal actions.
To support a determination for temporary relocation,
the OSC/RPM may request tarfmiV-ai a.«sjgflnyy from
the United States Army Corps of Engineers (COE) and
the United States Bureau of Reclamation (USBR).
COE/USBR are authorized to provide real estate
services to U.S. EPA in support of actions performed
under CERCLA. This support includes provision of
relocation services to persons that U.S. EPA has
designated as requiring relocation assistance as a result
of a release, or the threat of a release, of hazardous
substances or other pollutants or contaminants covered
by CERCLA which may pose an imminent threat to
public health and the environment.
B. Temporary Relocation Benefits
Temporary relocation benefits are not intended to totally
compensate individuals for expenses or losses associated
with contamination at a Superfund site. The assistance
which constitutes temporary relocation benefits is
intended to allow eligible individuals who are
temporarily relocated from their primary residence to
relocate for then- own health and safety. This
assistance may also be provided to relocated individuals
to allow U.S. EPA or its agents to conduct cleanup
activities. Under Appendix A of the DOT uniform
regulations, temporary relocation assistance may be
provided to a person, family, individual, business,
nonprofit organization, or farm.
Benefits cover reasonable living expenses which are
additional to expenses incurred prior to displacement
from the primary residence. Applicants are only
eligible for categories of assistance where additional
expenses are actually being incurred. This does not,
however, prohibit the OSC/RPM from advancing funds
or from establishing fixed rates for certain categories of
assistance, when the OSC/RPM has determined it to be
appropriate and cost-effective.
Under 49 CFR 24.208, no payment of relocation
assistance received by a displaced person shall be
considered as income for the purpose of the Internal
Revenue Code, or for the purpose of determining the
eligibility or die extent of eligibility of any person for
assistance under the Social Security Act or any other
Federal law, except for any Federal law providing low-
income housing assistance. Additionally, U.S. EPA
shall not withhold any part of a relocation payment
from a displaced person to satisfy an obligation to any
creditor other than the Agency.
For the purposes of this guidance, temporarily relocated
persons are eligible to begin receiving relocation
assistance payments as of the date such persons obtain
authorized accommodations or the date U.S. EPA or
one of its support agencies (COE or USBR) provides
other relocation assistance.
1. Eligibility Criteria. Assistance may be provided to
individuals being relocated from their primary
residence as a result of a determination by the
OSC/RPM that relocation is necessary. Eligible
site boundaries shall be identified by the OSC/RPM
either through property addresses, site maps, or
names of families. If inquiries or applications are
received from individuals residing outside
designated site boundaries, they shall be referred to
the OSC/RPM or official designee for resolution of
eligibility.
Temporary relocation benefits may be provided
only to those persons who are considered to be in
occupancy on the date of notification of
families.unless otherwise specified in die official
determination concerning necessity of relocation.
Benefits are provided to a family based on the
entire family participating hi the program. If
eligibility for a specific item of assistance changes
after the initial determination (e.g., resulting from
birth of a child or transfer to another form of
housing), the change and reason(s) must be
documented in the applicant's file and the applicant
must be notified in writing. If U.S. EPA relocation
administrators determine that a change hi eligibility
status results in a decrease in benefits previously
administered, the government may recoup the costs.
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(jwaance on i emporary Ke/ocaoons oonno
ntnui»»o<
(a) Duplication of Benefits. No person is eligible
for temporary relocation payment if that
person receives a payment under Federal,
State, or local law which FMSD determines to
have the same purpose and effect as payment
under PL 91-646, the Uniform Regulation
issued by DOT, and this guidance. Note that
this does not preclude assistance if the person
receives payments which do not have the same
purpose and effect as relocation assistance
(e.g. disability assistance.)
(b) Responsible Parties (RPs). U.S. EPA
recognizes the intent of PL 91-646 to prevent
undue hardship caused by the dislocation of a
residence or a business as a result of a Federal
or Federally-funded project. However, in
some circumstances, an individual's action
may give rise to the exercise of U.S. EPA's
response authorities to prevent, minimise, or
mitigate damage to the public health or welfare
or to the environment. In such cases, U.S.
EPA will generally not authorize temporary
relocation benefits.
Generally, the temporary relocation of an RP
is not considered a displacement caused by a
Federally or Federally-funded program. The
RP's relocation, for the purposes of this
guidance, is considered to arise from the RP's
actions, not those of U.S. EPA. As such, the
role played by the RP in the creation or the
maintenance of the condition prompting the
CERCLA response is a determining factor in
determining the eligibility of an RP for
relocation benefits under this guidance.
The following list may be used as a guide for
determining an individual's eligibility for
relocation benefits:
(1) RPs who are relocated as a result of
the RP's creation or maintenance of
conditions necessitating a CERCLA
response action generally are not
eligible for relocation benefits.
(2) Persons with only de minims liability
may be eligible for relocation benefits
depending on the party's role in
creating or m^'nt'a'n'ng the conditions
requiring the CERCLA response.
Because of the need for consistency in
this area, HQ EPA/the Office of
Solid Waste and Emergency Response
(OSWER) is responsible for making
(3)
the determination whether to make
relocation benefits available to de
minimis parties. OSWER's decision
will be coordinated with the Office of
General Counsel (OGC).
Innocent parties affected by the
removal action will be eligible for
relocation benefits.
Eligible Expenses. Persons being temporarily
relocated as pan of a CERCLA removal action are
eligible to receive reimbursement for all reasonable
out-of-pocket expenses incurred in connection with
the temporary relocation, including die cost of
moving to and from die temporary housing, and
any increase in monthly rent and utility costs.
Eligible persons are also entitled to receive other
reasonable expenses associated with the temporary
relocation. These expenses may include:
(a) The Cost of Te""x>rarv Housing. This may
include transient accommodations (hotels,
motels), locally available private rentals
(houses, apartments, mobile homes, etc.), or
accommodations provided by family or
friends. Such costs also include security
deposits and pet fees (e.g. kennel costs and
pasturing costs), when necessary. Allowable
costs for temporary housing will be based on
the fair market rent (FMR) for that area.
FMR means a rent that is reasonable in the
local area for the size and type of
accommodations provided. The FMR
established for an area will depend upon
supply, demand, and types of available
housing resources. (See Section FV.E,
Establishing FMR Guidelines, below.)
(b) Daily Allotment. A daily allotment may be
provided to cover living expenses such as food
and laundry when persons have been relocated
to hotels/motels or other transient
accommodations. This allotment is based on
the Federal per diem rate for the geographical
area covering the removal action. (See
Attachment 1 for Federal per diem rate.)
(c) Payments of Furniture Rental. When it is
impractical to move furniture to the temporary
housing, or when U.S. EPA has determined
that furniture is contaminated, the OSC/RPM
may authorize rental of furnished temporary
housing or a furniture rental assistance
payment for essential housing. Generally, the
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Guidance on Temporary Relocations during Superfund Removal Actions
OSC/RPM should consider cost effectiveness
in determining whether to authorize a furniture
rental assistance payment. For example, it
may be more cost effective to authorize a
furniture rental assistance payment rather than
paying to move certain furniture items to the
temporary relocation site and then back to the
primary residence of the temporarily relocated
persons. Similarly, it may be more efficient to
authorize a furniture rental assistance payment
while furniture at the primary residence is
being decontaminated. As in the previous
example (depending on the length of the
temporary relocation), it may be cost-effective
to move decontaminated furniture back to the
primary residence to avoid additional moving
costs when the temporarily relocated persons
return to the primary residence. OSCs/RPMs
should note mat furniture rental assistance
payments should only be authorized where
necessary and cost-effective.
Rented furniture items are provided, on a loan
basis for the duration of the temporary
relocation. Items provided shall be of average
construction and quality; U.S. EPA will not
pay for or reimburse costs incurred in
obtaining luxury items. U.S. EPA will not
pay for damage to rental furnishings. Items
are to be provided in accordance with family
size and needs. (See Attachment 2 for a list of
essential furniture items for temporary
housing.)
(d) Expenses for Transportation of Personai
Property. This includes actual moving and
related expenses as U.S. EPA determines
reasonable and necessary. If transportation of
personal property is performed by U.S. EPA
or its support agencies at no cost to the
person, the moving allowance shall be limited
to $50.00 (49 CFR 24.302). These costs also
include one move to a permanent residence
when individuals being temporarily relocated
decide to forgo a move to temporary housing
and move to permanent housing instead.
(e) Utility Subsidy. The OSC/RPM may authorize
payment of costs for essential utilities at the
temporary residence only during the period of
temporary housing, since these costs are
additional to any utility costs at the primary
housing resource, which are the responsibility
of the occupant. Payment for essential utilities
can include gas, electricity, oil, water, sewer,
and telephone disconnection and hook-up.
Where cost effective, winterization costs may
be paid as an alternative or in conjunction with
eligible utility costs, including utility
disconnection and hook-up costs, where
applicable.
In some instances, U.S. EPA will pay for
continuation of utilities at the primary
residence. Appropriate circumstances include
protection of property during winter months,
or to make utilities available for use by U.S.
EPA and its authorized representatives during
activities •
Costs. If the costs of
(f) Utility
connecting and/or .disconnecting utilities cannot
be waived by utility companies, the costs for
connecting or disconnecting the essential
utilities at the temporary housing residence
shall be paid. Also, if cost effective when
compared to the cost of utility subsidy,
reconnecting costs shall be paid at the primary
residence.
(g) 'Personal Property. Contaminated personal
property shall be decontaminated or acquired
by U.S. EPA or its designated agent when
U.S. EPA specifically determines the need for
decontamination or acquisition as part of the
removal action. A guidance document on this
subject is forthcoming from OSWER.
(h) Other Expenses Directly Related to Relocation.
When appropriate, the OSC/RPM may
recommend that other expenses directly related
to the temporary relocation become eligible
expenses. This request must be approved by
the OSC/RPM in coordination with the ORC
andOGC.
Relocated renters who have a legal responsibility
(i.e. a lease) to continue rental payments at a rental
unit in the contaminated area will be entitled to the
same assistance received by homeowners whose
primary residences are located in the contaminated
area. Renters who have no legal requirement to
continue rental payments at a rental unit located in
the contaminated area are eligible for:
(a) Moving costs to permanently relocate to
housing outside the contaminated area;
(b) Acquisition and disposal or cleaning of
contaminated personal property when
authorized by U.S. EPA; and
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Guidance on Temporary Relocations during Superfund Remove/ Acnons
(c) One month of rental assistance at the housing
to which they permanently relocate.
3. Ineligible Expenses. OSCs/RPMs administering
temporary relocations should note that the DOT
regulations only authorize "reasonable out-of-pocket
expenses incurred in connection with the temporary
relocation" (49 CFR Part 24, Appendix A). These
expenses represent the additional expenses a person
is required to pay as a result of the temporary
relocation. Certain expenses, although incurred
concurrently with the period of temporary
relocation, are not considered to be incurred as a
result of the temporary relocation, and,
accordingly, are not eligible for reimbursement.
Ineligible expenses include but are not limited to the
following:
(a) Rental Payments or Mortgage Payments for
the Prmarf TtetuAmr*. The cost of such
an eligible expense (e.g., increased premiums
for vacant dwelling).
(d) Household Clgan*ng Pees and laundry an(^
Pees at the Temorary
payments will not be reimbursed because the
tenant or property owner would have paid
those costs had the relocation not taken place.
Relocation specialists should conduct periodic
investigations to ensure that relocation
payments are properly calculated. For
example, if a tenant terminates an existing
lease on the premises from which the tenant
was relocated, the amount the tenant would
normally pay in rent would be offset against
the tenant's relocation assistance payments.
Should a similar situation arise with respect to
a property owner (e.g. , a home owner sells the
primary residence), relocation payments would
also have to be adjusted.
(b) Personal Transportation Costs. Personal
transportation costs are not ordinarily
considered as expenses incurred as a result of
relocation. However, the DOT regulations
provide that, when appropriate, the OSC/RPM
may recommend that certain expenses be
considered as reasonable out-of-pocket
expenses, directly related to relocation (see
Subsection 2(h) above). For example, if the
temporary housing is located at considerable
distance from schools or the person's place of
work, the OSC/RPM may, in consultation with
the ORC/OGC, authorize the payment of
personal transportation costs.
(c) Insurance PreTn"|ms for the Temporary
Housing Unit and the Primary Residence.
However, increases in insurance coverage
resulting from the relocation will be treated as
Residence. (Note: the daily allotment may be
used to cover such expenses.)
(e) Transfer of Applicants. Occupants who
request to transfer from one temporary housing
unit to another, solely for their own
convenience or for reasons necessitated
through their fault, shall be responsible for all
expenses associated with the move, including
any increase in rent of the temporary housing.
However, if U.S. EPA initiates a transfer or if
a transfer is necessitated for reasons which are
not the fault of an occupant, all essential costs
of the move shall be reimbursed, and the
transfer shall be conducted in a manner that
will cause minimum inconvenience to the
occupants.
4. Reimbursement for Non-residential Relocations.
Some projects may require relocation of businesses
or other operations (e.g., nonprofit organizations,
farms). Such operations may be eligible for certain
reasonable expenses arising from the relocation. A
determination regarding entitlement is made on a
case-by-case basis, considering factors such as
essential equipment needed to continue operations,
special hook-ups and disconnections, etc.
If the OSC/RPM determines that it is not
practicable or not possible to relocate a business,
the affected business may be eligible to receive a
"business interruption" payment, consisting of the
sum of the business 's estimated net earnings over
the period of the relocation and any ongoing
expenses which the business will be obligated to
pay over the duration of the relocation (e.g.
deliveries that take place, whether ordered or not).
Ongoing expenses include such items as equipment
rental, insurance, and even mortgage payments for
the business site, which are paid out of the
business's net earnings.
In addition to the business interruption payment,
affected businesses may receive any necessary
moving expenses and reasonable re-establishment
expenses (e.g., change of telephone number, cost of
business cards, expenses to advertise that the
business has resumed operations) upon resuming
operations after the completion of the removal
action.
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Guidance on Temporary Heiocaoons aunng oupwiuiiu
Ineligible expenses for relocation of a business
include but are not limited to the following:
(a) Loss of goodwill;
(b) Loss of profits;
(c) Loss of trained employees;
(d) Personal injury; or
(e) Costs for storage of personal property on real
property already owned or leased by the
temporarily relocated business (49 CFR Part
24.305).
5. Termination of Benefits. In determining when to
terminate temporary relocation benefits,
OSCs/RPMs should take into account any special
circumstances impacting on the re-occupancy of the
original residence or business facility (such as
removal of items or personal property firom storage)
when determining the appropriate date to-tenninate
temporary relocation benefits. U.S. EPA will give
each temporarily relocated person reasonable notice
in advance of the termination of temporary
relocation benefits. At a minimum, this notice will
include the date and time that relocatees can
reoccupy their original residences or business
facilities, as well as the date and time when
temporary relocation benefits will cease. Notice of
termination of benefits should be in writing. Where
written notice is impracticable, oral notice will be
provided, followed by a written notice. Occupants
who do not vacate the temporary accommodations
are responsible for any additional charges beyond
the date and time of the termination of benefits.
(See Attachment 3 for a sample termination letter.)
Termination may be in the form of eviction from
the temporary housing or termination of financial
assistance. In general, temporary relocation
benefits may be terminated for the following
reasons:
(a) The OSC/RPM determines that the primary
residence from which the occupant was
relocated is now ready for occupancy;
(b) The OSC/RPM and ORC/OGC have
determined that the temporary housing
occupant has failed to comply with the terms
of the lease or the reimbursement agreement;
(c) An offer has been made to permanently
acquire the primary residence from which the
individual was relocated, and the individual
permanently relocates as a result;
(d) In the case of tenants, where the tenant
permanently relocates 3S a result of the
displacement"
(e) In any case where the individual permanently
relocates to a new location;
(f) The temporary housing occupant has failed to
take due care of the temporary dwelling;
(g) The temporary housing occupant has failed to
pay utilities or other charges, responsibility for
which has been assigned by the lease or
reimbursement agreement; or
(h) The OSC/RPM determines mat the temporary
housing was obtained through
misrepresent fltiou.
6. Appeals. Persons who disagree with U.S. EPA's
determination concerning eligibility for temporary
relocation assistance, the anvimit of temporary
relocation assistance for which the person is found
eligible, or the termination of temporary relocation
assistance, may file a written appeal of that
determination to the appropriate relocation support
agency (COE/USBR or U.S. EPA).
(a) Appeal* Concemi"fl Eligibility- An appeal
concerning determinations of eligibility or
amount of relocation assistance must be filed
no later than 60 days from the date of receipt
of written notice to the temporarily relocated
person of U.S. EPA's determination on the
person's claim in accordance with Section
24.10(c) of the Uniform Regulations issued by
DOT. Appeals submitted after this date will
only be considered to the extent mat the
Agency determines the affected person's
failure to timely file an appeal was caused by
circumstances beyond that person's control.
The affected person has the burden of
identifying such circumstances which resulted
in that person's inability to timely file an
appeal.
(b) Appeals Concerning TerTT"ni>f'on. An appeal
concerning a determination to terminate a
person's temporary relocation assistance must
be filed within 60 days of the date of the
receipt of written notice of U.S. EPA's
determination (49 CFR 24.10[c]. See
Attachment 4 for sample guidance in
termination appeal procedures.)
In appeals involving COE or USBR, these agencies
will prepare a decision document outlining the
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nature of the appeal, pertinent facts, and a
recommended resolution, which they will submit to
U.S. EPA/OGC. U.S. EPA/OGC will review all
relevant options and make a final decision on the
appeal. In cases where U.S. EPA is acting in the
role of real estate support agency, appeals will be
filed directly with FMSD for resolution in
accordance with OGC on all appeal decisions. The
ultimate decision of FMSD on the appeal is final.
The relocation support agency will notify the
appellants in writing of the decision on the appeal.
7. General Requirements for Reimbursement of
Expenses. Any claim for reimbursement of the
costs of temporary relocation shall be supported by
such documentation as may be reasonably required
to support the expenses incurred, such as bills,
certified prices, appraisals, or other evidence of
such expenses. U.S. EPA must provide reasonable
assistance in the completion and filing of any
required claims for reimbursement. to persons
temporarily relocated.
U.S. EPA shall review claims hi an expeditious
manner, promptly notifying the claimant as to any
additional documentation that is required to support
the claim. Payment for a claim shall be made as
soon as feasible following receipt of sufficient
supporting documentation.
All claims for a relocation payment shall be filed
with U.S. EPA within 18 months after the date of
displacement. However, this time period shall be
waived for good cause.
If U.S. EPA disapproves all or part of a payment
claimed or refuses to consider the claim on its
merits because of untimely filing or other grounds,
it shall promptly notify the claimant in writing of its
determination, the basis for its determination, and
the procedures for appealing that determination.
C. Conversion to Permanent Relocation
In instances where a temporary relocation continues for
an extended period (6 months or more), U.S. EPA, at
its discretion, may convert the temporary relocation into
a permanent relocation under PL 91-646. Such
decisions will be made on a case-by-case basis,
considering the costs of the temporary relocation versus
the cost of a permanent relocation, as well as the
duration of such relocation.
HQ EPA/OSWER must authorize a conversion of a
temporary relocation into a permanent relocation after
examining all pertinent factors such as project length,
threat to public health and the environment,
comparative costs of a permanent relocation over a
temporary relocation, disruption of temporarily
displaced persons' lives, etc.
(Note: This issue is still under consideration.)
D. Site Security
U.S. EPA is responsible for site security at the
relocation site.
The OSC/RPM or authorized agent should videotape the
primary residence prior to die commencement of
decontamination activities to document conditions and
personal property remaining in the residence.
E. Public Affairs and Community
Involvement
CERCLA actions involving temporary relocations are
likely to generate considerable public interest, resulting
in greater AmimA for public involvement and
community involvement activities outside those required
under CERCLA (see U.S. EPA Publication 9360.3-05,
Superfund Removal Procedures, Public Participation
Guidance for On-Scene Coordinators: Community
Relations and the Administrative Record). In addition,
such actions frequently require coordination with other
Federal agencies such as the Agency for Toxic
Substances and Disease Registry (ATSDR) or the
Centers for Disease Control and Prevention (CDC),
and/or with State and local agencies and private
organizations. OSCs/RPMs are encouraged to integrate
a Community Involvement Coordinator (CIQ from the
regional Office of Public Affairs into site planning
activities at an early phase of any removal action
involving the temporary relocation of residents or
businesses. The CIC will assist the OSC/RPM in
identifying public information and community needs, as
well as in performing the appropriate community
involvement activities.
1. Public Affairs. All public information activities
will be coordinated with the appropriate lead agency
officials, the COE/USBR Regional Public Affairs
Officer, or State Official (when specified hi an U.S.
EPA/State cooperative agreement). U.S. EPA will
coordinate the appropriate public information
materials, including statements to the press or
interviews with the media, with COE/USBR and
other Federal, State, and local officials.
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Guidance on Temporary Retocatioiis during Superfund Removal Actions
In the absence of a CIC or other employee with
collateral regional public affairs responsibilities, the
OSC/RPM shall be responsible for coordinating all
public affairs matters with the Public Affairs
Officer at HQ EPA. The CIC will:
(a) Coordinate media responses and media events
with the OSC/RPM, and, when appropriate,
with the CIC's regional counterparts at U.S.
EPA, ATSDR, CDC, the appropriate State,
etc., and provide advance copies of any news
releases or media packets to be issued;
(b) Respond to regional and local media inquiries
concerning temporary relocation activities at
removal actions. For national media inquiries,
the CIC shall coordinate its response with HQ
EPA;
(c) Support the State public affairs effort when
relocation activity is being administered by the
State, by referring media inquiries to
appropriate State personnel and/or by
coordinating in advance with the State on
inquiries after coordination with the OSC/RPM
and/or Regional COE/USBR Public Affairs
Officers.
2. Community Involvement. The objectives of the
U.S. EPA Community Involvement Program are to
gather information about the community hi which a
site is located, inform the public of planned or
ongoing actions, give citizens the opportunity to
comment on and provide input to technical site
decisions, and to focus and resolve conflict. For
sites involving temporary relocation, the CIC can
assist the OSC/RPM in identifying potential
problems associated with implementing relocation
operations in a particular community. The
COE/USBR Regional Public Affairs Officer can
provide support to U.S. EPA hi die Superfund
Community Involvement Piogiaiu whenever die
need or potential need for relocation is identified.
3. Congressional Relations. The CIC will coordinate
with die OSC/RPM in all congressional activities.
This includes notifying die regional Office of
Congressional Relations prior to congressional
contacts concerning sites where relocation activity
is involved and concerning legislative issues.
The riming of news releases and media events shall
be coordinated with the release of information to
die congressional delegation.
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Guidance on Temporary Relocations dunng Supenuno
IV. Operations
Relocation operations shall be coordinated with project
work and other displacement-causing activities to ensure
that, to the extent feasible, persons being temporarily
relocated receive consistent treatment and the
duplication of functions is minimi?^ (See Attachment
5 for an Emergency Response Checklist for Relocation
Operations.)
A. Determination of Who Should Be
Relocated
The first step in the relocation process is to determine
who should be temporarily relocated. The OSC/RPM
determines the site boundaries, and may request
technical assistance from ATSDR/CDC in making the
determination regarding the persons who will require
temporary relocation at a site.
B. Procedures for Requesting Support
1. Notification of HQ EPA. Initially, the
OSCs/RPMs will make a determination as to
whether a relocation is necessary to protect public
health or the environment, documenting the
decision to relocate the affected persons in the
Action Memorandum. At that point, the OSC/RPM
notifies the Region's Regional Coordinator at HQ
EPA.
2. Procurement of COE/USBR Support. U.S. EPA
has entered into a Memorandum of Understanding
(MOU) with COE and USER, which allows them
to provide technical support services to the
Regions, such as relocation support services. These
support services may include the determination of
relocation assistance payments, moving persons to
temporary housing, obtaining temporary access
agreements on real property affected by the removal
action, etc.
In order for the Region to secure the technical
support services from these agencies, it must enter
into an Interagency Agreement (IA) with COE or
USBR. Funding for relocation support services will
come from the project's extramural ceiling. The
Region should use U.S. EPA Form 1610,
Interagency Agreement, for the IA. Additionally,
each IA must contain a scope of work describing
the type(s) of services to be performed. HQ U.S.
EPA is available to assist the OSCs/RPMs in the
preparation and execution of the LA and the
accompanying scope of work. (Attachment 6
contains a sample Scope of Work for relocations.
See Attachment 7 regarding special conditions for
the removal action IA.
An IA is merely a funding instrument. It cannot
serve as an authorizing instrument for activities
which can only be performed with die official
approval,of die OSC/RPM. Therefore, when
approval authority is a prerequisite to undertaking
an action included in the IA's scope of work, the
IA will not serve as a substitute for obtaining such
approval authority. The Action Memorandum is
die appropriate place to document die decision to
relocate.
OGC/ORC will work direcdy widi die OSC/RPM
in determining relocation eligibility and entitlement.
OGC/HQ U.S. EPA will dien provide relocation
assistance support to die OSC/RPM as needed.
The OSC/RPM will work direcdy widi COE/USBR
by providing direction and overseeing dieir work.
3. Contractor Support. Situations may arise where
it is impossible to get relocation specialists from
eitiier COE, USBR, or U.S. EPA on-scene at die
earliest stages of a temporary relocation, or where
staffing requirements for a relocation operation
exceed die available personnel. Under such
circumstances, die OSC/RPM may use die
Emergency Response Cleanup Services (ERCS) and
Superfund Technical Assessment Team (START)
contractors, in accordance widi die following
guidance.
(a) Appropriate Use of ERCS/START. There
may be situations when relocation specialists
from COE, USBR, or U.S. EPA are not
immediately available, such as weekends and
holidays, or when die scope and/or projected
duration of a removal action preclude die
assignment of relocation specialists from COE,
USBR, or U.S. EPA. In such circumstances,
the OSC/RPM may be required to use die
ERCS or START contractors in initiating or
administering a temporary relocation.
OSCs/RPMs must limit ERCS/START
involvement to performing initial relocation
10
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r\oiu\»auui 10 uurtu^ ^upwuwiiu . n....**.*..
tasks, such as identifying potential temporary
housing or moving displaced persons to hotels,
pending the involvement of relocation
specialists; or utilize ERGS/START for
administration of routine procedures, subject to
the oversight of the OSC/RPM. Since
temporary relocation benefits amount to
government entitlements requiring unique
expertise in their administration,
ERCS/START should never be tasked with
activities which will require making decisions
regarding relocation benefits.
(b) Procedures for Using ERCS/START. As
noted, instances may arise where relocation
specialists are not available to support an
emergency situation, whether initially, on a
large scale, or on a long-term basis. In such
cases, the OSCs/RPMs can authorize ER.CS/
START to assist in administration of relocation
operations, using the following procedures:
(1) The OSC/RPM will determine the
scope and tentative amount of
relocation benefits available to
persons being temporarily relocated,
based on information contained within
this guidance. The OSC/RPM will
then direct ERCS/START to cany
out the relocation in accordance with
this guidance.
(2) If trained relocation specialists from
COE, USBR, or U.S. EPA are
subsequently nv^f available to handle
relocation assistance duties, the
OSC/RPM will transfer responsibility
for the execution of relocation
operations from the ERCS/START as
soon as practicable.
(3) If trained relocation specialists from
COE, USBR, or U.S. EPA are not
available to staff a relocation
operation of large scope and/or long
duration, an OSC/RPM may be
designated with exclusive
responsibility for overseeing the
relocation operation for the removal
action. The designated OSC/RPM
will then oversee ERCS/START
execution of the relocation operation,
and will ensure that ERCS/START
personnel are used in an
administrative capacity only.
C. Planning
1. Preliminary. Relocations necessitated by
CERCLA removal actions may require immediate
vacating of properties in the affected area,
following the OSC/RPM's determination that
continued occupancy of affected properties
constitutes a substantial danger to the health or
safety of the occupants or the public.
However, the DOT uniform regulations direct that,
during the early stages of development. Federal and
Federally funded programs or projects be planned
in such a manner that the problems associated with
the displacement of individuals, families,
businesses, farms, and nonprofit organizations are
recognized and solutions are developed to minimize
the adverse impacts of displacement. It further
directs that such planning, where appropriate, shall
precede any action by an Agency which will cause
displacement, and should be scoped to the
complexity and nature of the anticipated displacing
activity, including an evaluation of program
resources available to cany out timely and orderly
relocations. To achieve these objectives, the
OSC/RPM may conduct a preliminary study which
may include the following:
(a) An estimate of the number of households to be
displaced, including information such as
owner/tenant status, family characteristics, and •
special consideration of the impacts on
minorities, the elderly, large families, and the
handicapped, where applicable.
(b) An estimate of the number of comparable
replacement dwellings in the area (including
rental rates) that are expected to be available
to fulfill the needs of those households
displaced. When an adequate supply of
comparable housing is not expected to be
available, consideration of housing of last
resort should be instituted (see Subsection
D(l), below).
(c) An estimate of the number, type, and size of
any businesses, farms, and/or nonprofit
organizations to be temporarily relocated and
the approximate number of employees that
may be affected.
(d) Consideration of any special relocation
advisory services that may be necessary from
U.S. EPA and other support agencies.
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2. Site-specific Relocation Plan. The OSC/RPM
must then develop a site-specific temporary
relocation plan, to be approved by ORC/HQ EPA.
The approved plan shall be submitted prior to the
start of the temporary relocation. The plan shall
include the following items, as appropriate:
(a) An estimate of the number of households to be
displaced, landlord/tenant status, estimated
value and rental rates of properties, family
characteristics, and special considerations of
impacts on minorities, the elderly, large
families, and the handicapped;
(b) An estimate of the number of comparable
replacement dwellings in the area, including
price ranges and, when an adequate supply is
not expected, estimates for housing of last
resort;
(c) An estimate of the number, type, and size of
businesses, farms, and nonprofit organizations
to be displaced and the number of employees
affected;
(d) Special relocation advisory services that may
be necessary from U.S. EPA or other
cooperating agencies;
(e) Budget, estimated outlay schedule, request for
allocation advice;
(f) Timeframes within which tasks will be
completed;
(g) Assignment of relocation responsibilities to
State and/or local officials or agencies;
(h) Method of notifying affected residents and
receiving applications for benefits;
(i) Method of developing FMR guidelines;
(j) Requirements for transient accommodations;
(k) Amount of subsistence payment and the
method for development of same;
(1) Policy for paying utility subsidy and/or
connection costs;
(m) Method for decontamination and/or acquisition
of contaminated personal property, when
requested by U.S. EPA;
(n) Termination procedures;
(o) Appeal procedures;
(p) Contracting procedures;
(q) Quality control procedures; and
(r) Documentation and control system provisions.
D. Identification of Suitable Temporary
Housing
Eligible applicants should be encouraged to identify
their own housing resources, when practicable. Where
this is not feasible, COE/USBR can assist the OSC/
RPM in identifying local housing resources that meet
the standards specified in 49 CFR Part 24 and can be
utilized for temporary housing and in developing a
housing resources inventory. Before making a replace-
ment housing payment, the Agency or its designated
agent will inspect the dwelling and determine whether
it is decent, safe, and sanitary.
OSCs/RPMs, U.S. EPA contractors (ERCS/START),
or the Federal agencies providing relocation support,
cannot enter into any agreements (e.g., a lease) for
replacement housing, as this would constitute the
acquisition of a real property interest, which can only
be authorized by OGC/ORC or delegated to the
Regional representative.
1. Residential Relocations. In considering the
available housing resources, three basic factors
enter into the selection of temporary replacement
housing. First, replacement housing alternatives
must meet "decent, safe, and sanitary" standards set
out in 49 CFR Part 24 (see Attachment 8).
Second, the replacement housing should be cost
effective. Third, in considering replacement
housing alternatives, the options considered should
be the least disruptive to the persons temporarily
relocated, and, where conditions permit, should
meet the comparability standards set out in 49 CFR
Pan 24, Appendix A (see Attachment 9).
Household members shall be provided a single
residence unless the size of the household requires
more than one residence.
Depending on the circumstances, it may be
necessary to relocate residential home owners and
tenants to a hotel/motel, pending the acquisition of
temporary replacement housing. Hotels/motels are
considered the replacement housing of last resort.
When a project cannot proceed on a timely basis
because comparable replacement dwellings are not
available, the OSC/RPM may make a determination
for the provision of housing of last resort. Any
decision to provide last resort housing assistance
must be adequately justified either:
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(a) On a case-by-case basis, for good cause,
which means that appropriate consideration has
been given to:
(1) the availability of comparable
replacement housing in the program
or project area; and
(2) the individual circumstances of the
displaced person; or
(b) By a determination that there is little, if any,
comparable replacement housing available to
displaced persons within an entire project area,
and therefore last resort housing assistance is
necessary for the area as a whole, and the
method selected for providing last resort
housing is cost effective, considering all
elements which contribute to total project
costs. The OSC/RPM should consider
whether waiting for less expensive comparable
replacement housing to become available will
justify delay of the project.
2. Relocation of Businesses. Business moves can be
complicated by the nature of the business operation,
as well as the type of equipment which must be
relocated for the business to continue its operations.
Since a business move can be significantly more
expensive than a residential move, OSCs/RPMs
should ensure that a business move is absolutely
essential to the conduct of removal efforts.
OSCs/RPMs should work with OGC/ORC and
relocation specialists from the supporting agencies
to determine the appropriate scope of relocation
benefits for each business requiring relocation. In
some instances, it may not be possible to relocate a
business. For example, the removal action may be
of such a short duration that it may not be
economically practicable to relocate the businesses
at an alternate location.
E. Establishing FMR Guidelines
At each site, FMR guidelines for each size residence
shall be established by averaging the cost of available
residences of various sizes in the area where temporary
housing will be provided, using number of bedrooms as
a basis for size. The purpose of these FMR guidelines
is to ensure cost-effectiveness and to discourage
inflation of rents in the affected area. The guidelines
established for any given locality will depend upon
supply, demand, and types of available housing
resources. Where privately-owned mobile homes are to
be used, a separate guideline should be developed
because of the substantial differences in rent between
this type of residence and conventional housing.
Guidelines for hotel, motel, and other short-term
resources shall be developed only when there is a
substantial variance in price among the available supply.
FMR guidelines reflect the desired maximum payment;
however, it is likely that many resources can be
obtained at a lower price. Use of resources more costly
that the guidelines may be authorized for full payment
only when other existing resources are not available.
When fewer than 10 families are being relocated, FMR
guidelines may be established by a less time-consuming
means, e.g., using an estimate provided by real estate
agencies or conducting a sampling instead of a
comprehensive survey. A copy of the established
guidelines should be placed in each applicant's file.
F. Establishing the Daily Allotment
The daily allotment consists of a subsistence allotment
for food and an allowance for incidental expenses,
currently $2.00 per day per person. Persons relocated
to transient accommodations are eligible for both the
subsistence allotment and the incidentals allowance;
persons relocated to housekeeping dwellings are eligible
for the incidentals allowance only.
As a part of site-specific planning, the OSC/RPM must
establish a subsistence allotment for adults and children
for each locality where transient accommodations will
be provided. The daily subsistence allotment shall be
derived from the Federal per diem rate for the
geographic area in which the site is located. Persons
receiving a daily allotment will be entitled to the
appropriate per diem rate based on that person's age.
For example, adults will receive the full per diem rate,
while children under age 12 will receive half the adult
per diem rate for that geographical area. Each advance
payment of the subsistence allotment may not exceed a
2-week period. (See Attachment 1 for current Federal
per diem rates.)
G. Notice to Occupants of Affected
Properties
In general, residents are informed about U.S. EPA
actions in their communities through the Agency's
community involvement efforts. In the case of an
emergency response action, however, it is probable that
residents of properties affected by the relocation
determination would not be aware of the potential for
temporary relocation.
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on temporary Keiocations dunng Superfund Removal Actions
When the OSC/RPM has determined the need for a
temporary relocation, the persons being relocated will
receive reasonable advance written notice of the
following information, where practicable. Where
written notice is not practicable, oral notice must be
provided as soon as feasible, followed by a written
notice. (See Attachment 10 for a sample notice letter.)
At a minimum, the notice should include the following:
(1) The start date and approximate duration of the
temporary relocation;
(2) The location of the suitable, decent, safe, and
sanitary dwelling to be made available for the
temporary period;
(3) The terms and conditions under which the displaced
person(s) may return to the evacuated location or to
another decent, safe, and sanitary comparable
location;
(4) A general description of the relocation benefits for
which the person may be eligible,' and the
procedures for obtaining those benefits;
(5) A statement of the person's right to appeal U.S.
EPA's determination regarding his/her application
for assistance; and
(6) A listing of contacts and advisory services available
to help the person file claims.
The OSC/RPM will ensure that all notices required
under this guidance are personally served or sent by
certified or registered first-class mail, return receipt
requested, and documented in agency files pursuant to
Section 24.5 of the Uniform Regulations issued by
DOT. Notices shall be written in plain, understandable
language, and shall include the name and telephone
number of a person who may be contacted for further
information or assistance. Appropriate translation and
counselling must be provided to persons unable to read
and understand the notice.
H. Application and Eligibility
Determination for Temporary
Relocation Benefits
Members of each household shall be included on a
single application. The Application for Superfund
Temporary Relocation Assistance, will be used to
obtain information necessary to provide assistance (see
Attachment 11). Some of the information may be
supplied by U.S. EPA. Additional information may be
obtained through a telephone conversation or personal
interview with the applicant. This form must be
completed for all temporary relocation actions.
Applications for Superfund Temporary Relocation
Assistance shall be accepted throughout the relocation
period identified by U.S. EPA.
ORC/OGC will work with the OSC/RPM to determine
relocation eligibility and entitlement. Eligibility of all
applicants shall be determined in accordance with the
criteria in Section m.B of this guidance. The
OSC/RPM review the information contained on the
application and determine the eligibility of an applicant.
1. Eligible. Based on application information and
criteria, the OSC/RPM identifies the categories of
temporary relocation assistance for which the
applicant is eligible. If eligibility for a specific
item changes after the initial determination, the
change and rcason(s) must be documented in the
applicant's file and the applicant must be notified in
writing.
2. Withdrawn. Eligible applicants shall be
considered withdrawn when they indicate they do
not want assistance. Withdrawn applications may
be reinstated at any time during the relocation
period.
I. Time Limits for Filing Claims for
Temporary Relocation Assistance
In accordance with 49 CFR 24.207(d), all claims for a
relocation payment shall be filed with the Agency
within 18 months after the date of temporary
displacement. This time period shall be waived by the
Agency for good cause.
J. Temporary Relocation Assistance
Documentation and Control
In order to support U.S. EPA cost recovery efforts, it
is imperative to maintain thorough documentation of
assistance provided under CERCLA, as amended. The
OSC/RPM shall ensure that relocation administrative
personnel establish and maintain a file for each
applicant receiving temporary relocation assistance.
This file will contain, at a minimum, the individual's
completed Application for Superfund Temporary
Relocation Assistance; photocopies of all assistance
checks issued to the applicant; a copy of the applicant's
eligibility determination; and documentation of any
change in the applicant's eligibility status, as well as
any additional documentation that the OSC/RPM may
deem to be warranted (e.g., photo and video
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Guidance on Temporary Kelocaoons aunng iupenuno nemovai
documentation and appraisals of contaminated personal
property which is being acquired and replaced as part
of the removal action).
As stated in the Application for Superfund Temporary
Relocation Assistance, the information requested on the
application may be disclosed to Federal, State, local,
and private agencies for use in providing relocation
assistance. Provision of the requested information is
voluntary; however, failure to provide any of the
information may result in delay or rejection of the
application.
K. Relocation Assistance Advisory .
Program
The OSC/RPM will oversee the establishment and
implementation of a relocation assistance advisory
program. This program can be carried out in
conjunction with notification and application
procedures, to assist in identifying factors such
household composition (i.e., age and sex) and the pre-
incident housing situation which will enable U.S. EPA
to align applicant needs with the available housing
resources. Personnel from the Regional Office of
Public Affairs may assist hi the design and
administration of the program, which shall include:
(1) Conducting a personal interview with each
individual being temporarily relocated to determine
his/her relocation needs, and to explain the benefits
for which the person may be eligible, application
procedures, and procedures for obtaining assistance.
(2) Minimizing hardships to persons hi adjusting to
temporary relocation by providing counselling,
advice as to other sources of assistance that may be
available, and such other help as may be
appropriate.
(3) Providing names and telephone numbers of U.S.
EPA contacts to persons being temporarily
relocated, and establishing means and procedures
for maintaining contact with OCCUpantS of temporary
housing.
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ATTACHMENT 1
FEDERAL PER DIEM RATES
SEE U.S. EPA TRAVEL MANUAL
FOR
CURRENT PER DEEM RATES
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Guidance on Temporary Relocations during Superfund Removal Actions
ATTACHMENT 2
ESSENTIAL FURNITURE ITEMS
lx Sofa
Ix Living room chair
lx Coffee table
2x End tables
2x Table lamps
lx Dining table
* Dining chair!;
lx Range
lx Refrigerator
* Double bed (mattress, box springs, frame)
* Single bed (mattress, box springs, frame)
* Crib w/mattress
* Bunk bed set
lx Night table (per bedroom)
lx Table lamp (per bedroom)
* Chest of drawers
lx Television (maximum 19")
* One per person
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Guidance on Temporary Relocations during Superfund Removal Actions
ATTACHMENT 3
SAMPLE U.S. EPA TERMINATION NOTICE
(U.S. EPA Address)
Dear (Occupant's Name):
You are hereby notified that your temporary housing assistance provided under Public Law 96-510, as
amended, will terminate on (date) The reason(s) for mis termination of assistance is:
(state reasonfs] using appropriate language from subparagraph 2-12.c.)-
This notice is given in accordance with the provisions of your (lease, direct reimbursement agreement),
the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA, Public
Law 96-510, as amended, also known as Superfund, and die regulations and requirements thereunder.
(insert following appropriate paragraph)
a. For occupants assisted through Temporary Housing Occupant Dwelling Lease:
You must move out of the temporary housing unit located at on or before the
above-mentioned date. Should you decide to remain in the unit beyond that date, you will have to
make arrangements with the owner/agent. A move-out inspection is required, at which time you must
return die keys to the dwelling. An U.S. EPA representative will contact you in the near future to
review procedures for returning possession of the unit to U.S. EPA and to schedule a move-out
inspection.
or
b. For occupants assisted through Direct Reimbursement:
U.S. EPA will not reimburse you for any rental charges incurred after the above-mentioned date.
If you have been provided wirn furniture by U.S. EPA for your temporary housing, you will be contacted
by an U.S. EPA representative for arrangements concerning the disposition of that furniture.
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Guidance on temporary Heiocaoons ounng oupenuna rtemovai
Should you have reason to dispute the termination, you have the right to present your complaint to U.S.
EPA within 5 business days from the receipt of this notice. The complaint must be a signed, written
statement providing the reason(s) why die assistance should not be terminated. Failure to respond within 5
days waives your right to appeal the termination. Please address your complaint to:
Temporary Relocation Coordinator
(Address)
The enclosed Tennination Information Statement provides a full explanation of appeals procedures which
may be requested before assistance can be terminated. Should you have any further questions, please
contact (nam^ at (telephone
Sincerely,
Temporary Relocation Coordinator
Enclosure
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ATTACHMENT 4
SAMPLE TERMINATION GUIDANCE (U.S. EPA)
Termination Information Statement
This termination procedure shall be followed by the U.S. Environmental Protection Agency (U.S. EPA)
regarding termination of assistance for, or eviction from, temporary housing provided under Public Law
96-510, as
Termination Notice. When a determination has been maHft by U.S. EPA tfra* an occupant is no longer
eligible for temporary housing assistance, he/she will be given written notice at least 30 days prior to the
date that his/her assistance will end, specifying the rcason(s) and date for termination. This will not apply
when the occupant has been informed before entering temporary housing or entering into a lease
agreement with U.S. EPA, that the duration of assistance will be 30 days or less.
Filing of Complaint. If an occupant wishes to dispute the termination decision, he/she must present a
written complaint in person or by mail to U.S. EPA within 5 working days from receipt of the terminatioi
notice. The complaint must be signed by the occupant and state the reason(s) why assistance should not
be terminated. If the occupant does not respond within the allotted time, he/she will waive his/her right t<
appeal.
Informal Conference. Upon receipt of a complaint, the responsible U.S. EPA official will attempt to
arrange an informal conference with the occupant in an effort to settle the matter. If a conference is
arranged, the occupant may request explanations or presentation of documents which are relevant to
his/her termination of temporary housing. Similarly, the occupant may present any information or
explanations relevant to termination.
Whether or not the matter is settled by an informal conference, the occupant will receive a written
response to his/her complaint within 10 business days after its receipt by U.S. EPA or such additional
time as U.S. EPA may for good cause allow, and the response will clearly state the determination which
has been made.
Request for a Hearing. Only if the reason(s) for termination is failure to take due care of the temporary
housing dwelling, or if U.S. EPA has determined the occupant obtained temporary housing through
misrepresentation or fraud, he/she may request a formal hearing within 5 working days after receipt of
U.S. EPA's answer to the complaint.
The occupant will be notified of the hearing Ay* which shall be promptly scheduled at a time and place
convenient to him/her.
The Hearing. The occupant is entitled to a fair hearing before a Hearing Officer and may be represented
by counsel or another person chosen as his/her representative at his/her expense. The hearing will be
private, unless the occupant requests, and the hearing Officer agrees to a public hearing. This shall not
construed to limit the attendance of persons with a valid interest in the proceedings. The Hearing Office
will be the U.S. EPA Regional Director or officials designee, but not a person who has been involved
with the decision to terminate the occupant's temporary housing, nor a subordinate of a person who was
so involved.
The occupant may examine before the hearing, and, at his/her expense, copy all documents and records
U.S. EPA that are relevant to the hearing. Any documents not made available, after request by the
occupant, may not be relied on by U.S. EPA at the hearing. The occupant may request in advance, anc
his/her expense, a transcript of the hearing.
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Guidance on Temporary Relocations during Superfund Removal Actions
If the occupant fails to appear at the hearing, the Hearing Officer may postpone the hearing for up to 5
working days, or make a determination that he/she has waived the right to a hearing.
At the hearing^ the occupant must first attempt to establish that continuance of the assistance is
appropriate, and then the burden of proof is on U.S. EPA to justify the action against which the complaint
is directed. The occupant may present evidence and arguments in support of the complaint to oppose
evidence relied on by U.S. EPA and confront, in a reasonable manner, and cross-examine all witnesses on
whose testimony or information U.S. EPA relies. The hearing will be conducted in formally by the
Hearing Officer and any oral or documentary evidence pertinent to the facts and issues raised by the
complainant may be received without regard to whether mat evidence would be admissible under rules of
evidence employed in judicial proceedings.
Decision of the Hearing Officer. The decision of the Hearing Officer shall be based solely and
exclusively upon facts presented at the hearing, upon applicable Federal and State law, and upon
applicable U.S. EPA regulations and policies. The Hearing Officer will prepare a written decision stating
findings and conclusions s well as the reasons therefore, concerning all material issues raised by the
complainant, within 5 working days after the hearing, or such additional time as U.S. EPA may, for good
cause, allow. The decision of the Hearing Officer shall be binding on U.S. EPA which will take all
actions necessary to carry out the decision or refrain from any action prohibited unless the U.S. EPA
General Counsel determines and notifies the occupant in writing within 30 days that the decision of the
Hearing Officer is not legally supportable.
Termination of Financial Assisft"xr. if the occupant was assisted through a Direct Reimbursement
Agreement, and the decision of the Hearing Officer is hi U.S. EPA's favor, his/her financial assistance
will be terminated on the date indicated in the termination notice, or the date of his/her receipt of the
decision of the hearing Officer, whichever is later.
Notice to Vacate Premises. If the occupant was assisted through the Temporary Housing Occupant
Dwelling Lease, and the Hearing Officer decides not hi U.S. EPA's favor, an action to regain possession
of the property may not be taken by U.S. EPA until the occupant is given lawful written notice. Such
notice may not be given prior to the day on which the decision of the Hearing Officer was received by the
occupant, or prior to the termination date stated in the original termination notice.
When such notice is given, the occupant will be informed hi writing mat:
1. If he/she fails to vacate the premises within three days, appropriate legal action will be brought
against him/her; and
2. If suit is brought against him/her, he/she may be required to pay court costs and attorney fees.
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Guidance on Temporary Relocations dunng superruna rcemova/
ATTACHMENT 5
EMERGENCY RESPONSE CHECKLIST - RELOCATION OPERATIONS
ACTIVITY COMPLETION
YES 1 NO | N,
1. Contact HQ EPA; gather pertinent information
2. Develop Relocation Plan with relocation
support agency
3. Execute LA with appropriate relocation support
agency
4. Send notice letters)
5. Hold town meeting
6. Document conditions of homes
7. Ensure relocation assistance has been provided
8. Send termination notices
9. Ensure final relocations are complete
COMMENTS:
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on temporaiy nonnntumin uuimy ou^onunu r\omuvai
ATTACHMENT 6
SCOPE OF WORK
The U.S. Army Corps of Engineers/U.S. Bureau of Reclamation (COE/USBR) will provide real estate
services to U.S. EPA in support of actions performed by U.S. EPA under the Comprehensive
Environmental Response, Compensation, and liability Act of 1980 (CERCLA), as amended. Specifically,
COE/USBR will provide relocation services to persons designated by U.S. EPA requiring relocation
assistance, as a result of a release, or the threat of a release, of hazardous substances or other pollutants or
contaminants covered by CERCLA which may pose an imminent threat to public health and the
environment.
Section I. Preliminary Relocation Tasks.
a. Landowner Meeting. As soon as practical, the COE/USBR real estate element responsible for
providing real estate services will hold a meeting with all affected landowners/tenants. U.S. EPA
will participate in the meeting, intmier to respond to technical questions concerning the scheduled
work at the site.
b. Explanation of Relocation Benefits and Services.
c. Other Expenses.
1. Furniture rental assistance when it is impractical to move furniture from the primary
residence.
2. Moving and storage.
3. Essential utilities at the primary residence will be paid during the temporary relocation per
OSWER Directive 9360.00-33.
4. Kennel for pets (or other cost-effective care) if unable to stay in temporary place or
residence.
Section II. Relocation Tasks/Assistance.
a. Provide relocation services and assistance to affected occupants pursuant to the requirements of
the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-
646), as amended, and the regulations promulgated thereunder.
b. Process and pay all appropriate relocation assistance claims.
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ATTACHMENT 7
SPECIAL CONDITIONS FOR REMOVAL ACTION INTERAGENCY
AGREEMENT
COE/USBR agrees to meet the site-specific financial management and record-keeping responsibilities
contained in U.S. EPA's "Superfund Financial Management and Recordkeeping Guidance for Federal
Agencies" (January 1989).
1. Cost Documentation Requirements
U.S. EPA, acting as manager of the Hazardous Substances Superfund, requires current information on
CERCLA response actions and related obligations of CERCLA fund for these actions. In addition,
CERCLA, as amended, authorized U.S. EPA to recover from responsible parties all governmental costs
incurred during a response action. In order to help assure oversight and successful recovery of CERCLA
funds, both COE/USBR and U.S. EPA have responsibilities under mis agreement. COE/USBR
accounting system reports must be supported by site- and activity-specific cost documentation.
COE/USBR will organize and retain in a site file documentation of costs by site and activity (e.g.,
vouchers, billing statements, evidence of payment, audit reports) as follows:
a. Direct Costs
• Payroll - timesheets or timecards to support hours charged to a particular site, including
the signature of the employee and/or the employee's supervisor.
• Travel - travel authorizations (including purpose of trip), local travel vouchers, traveler's
reimbursement vouchers, carrier bills (including airline tickets), government-owned
vehicles bills, appropriate receipts for hotel, car rental, etc., proof of payment. Proof of
payment is satisfied by providing a copy of accomplished SF 1166 or equivalent.
• Contractor services - copies of contracts, requests for proposals (RFPs), detailed
evaluation of contractor bids, contractor invoices, proof of payment, etc. Proof of
payment is satisfied by providing a copy of accomplished SF 1166 or equivalent.
• Supplies and Equipment - U.S. EPA authorization to purchase non-expendable property of
$1,000.00 or more, vendor invoices, proof of payment, and hourly records of equipment
use, when applicable.
• Any other direct costs not included in the above categories.
b. Indirect Costs
• If indirect costs are not calculated by the COE/USBR accounting system, a worksheet
showing calculations of indirect costs charged to a site will be retained by the
COE/USBR.
• COE/USBR certifies: 1) that any indirect costs included in billings to U.S. EPA
represent, in accordance with General Accounting Office (GAO) principles, indirect costs
that are funded out of COE/USBR's currently available appropriations and that bear a
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Guidance on Temporary Relocations during Superfund Removal Actions
significant relationship to the performing of the service or work; or) that statutory
authority exists for charging other than these costs of performance. If an audit determines
that any direct or indirect costs charged to U.S. EPA are unallowable, U.S. EPA will be
notified immediately following the resolution of the audit and U.S. EPA will be credited
for those costs.
2. Reporting Requirements
a. COE/USBR will provide monthly progress reports to the Project Officer listed on the IA form,
containing:
• Site name and IA number.
• Summary of work performed.
• Estimate of the percentage of project completed.
• Accounting of funds expended during the reporting period and on the project to date,
which includes a budget category cost breakdown.
• Summaries of all change orders and claims made on the contract during die reporting
period. Attach copies of all change orders as appendices.
• Summaries of all contract with representatives of the local community, public interest
groups, or State government during the reporting period.
• Summaries of all problems or potential problems encountered during the reporting period.
• Projected work for the next reporting period.
b. COE/USBR will submit a completed and signed "Request for Reimbursement" (SF1080) and a
copy of the monthly progress report to the U.S. EPA Financial management Center, Cincinnati,
containing, as appropriate, COE/USBR costs by budget category identified by the site, site-
specific account number, and LA number.
c. COE/USBR will provide a final inventory of property within 30 days of project completion,
describing the condition of each item and requesting disposition instructions. If the duration of
the project is greater than one year, COE/USBR will provide an annual inventory of all property
acquired by or furnished to COE/USBR with U.S. EPA funds.
3. Cost Recovery
In the event of a cost recovery action, COE/USBR will provide to U.S. EPA or the Department of Justice
(DOJ) a cost documentation package detailing site-specific costs and including copies of the backup
documentation. In some cases, these requests from U.S. EPA or DOJ may require that this documentation
be provided in less than 30 days. If additional time is required to comply with a request, COE/USBR will
negotiate with U.S. EPA or DOJ a schedule for responding. COE/USBR will provide U.S. EPA with a
contact for obtaining necessary site-specific accounting information and documentation.
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Guidance en Temporary Relocations during Supertuml Removal Actions
4. Record Retention Requirements
COE/USBR and its contractors will retain the documents described in these "Special Conditions" for a
minimum of ten years after submission of a final SF 1080 for the site, after which COE/USBR and its
contractors must obtain written permission form the aumorized U.S. EPA official before disposing of any
of the records.
5. Audits
a. Certain agencies are required by CERCLA, as amended, to perform annual audits of transactions
involving the Superfund. COE/USBR may also be required to perform annual audits. Cost
documentation information must be available for audit or verification upon request of the
Department of Defense (DOD) Inspector General.
b. If an audit determines mat any direct or indirect costs charged to U.S. EPA are unallowable, U.S.
EPA will be notified immediately following the resolution of the audit and U.S. EPA will be
credited with those costs.
6. Other U.S. EPA Involvement
a. U.S. EPA's substantial involvement in this IA will include reimbursement to the COE/USBR
contingent upon:
• Receipt and approval by the U.S. EPA regional program office of the monthly progress
reports and any other technical reports described in the Attachments to the IA.
• Acceptance and approval of request for reimbursement (SF 1080) by the authorized
representatives of the U.S. EPA regional program office and the U.S. EPA regional IA
administration office (optional).
b. U.S. EPA will hold title to all property acquired with Superfund monies. U.S. EPA will provide
COE/USBR with property disposal instructions upon termination of the LA and receive fair marki
value for any property disposed of or used for non-Superfund activities.
26
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Guidance on Temporary Relocations during Superfund Removal Actons
ATTACHMENT 8
DECENT, SAFE, AND SANITARY (DSS) STANDARDS
The tenn "decent, safe, and sanitary dwelling" means a dwelling which meets applicable housing and
occupancy codes. However, any of the following standards which are not met by an applicable code shall
apply unless waived for good cause by the Federal agency funding the project. The dwelling shall:
1) Be structurally sound, weathertight, and in good repair.
2) Contain a safe electrical wiring system adequate for lighting and other devices.
3) Contain a heating system capable of sustaining healthful temperature (of approximately 70 degrees
Fahrenheit) for a displaced person, except in those areas where local climatic conditions do not
require such a system.
4) Be adequate in size with respect to the number of rooms and area of living space needed to
accommodate the displaced person. There shall be a separate, well lighted and ventilated
bathroom that provides privacy to the user and contains a sink, bathtub or shower stall, and a
toilet, all in good working order and property connected to the appropriate sources of water and to
a sewage drainage system. In the case of a housekeeping dwelling, there shall be a kitchen area
that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage
drainage system, and adequate space and utility service connections for a stove and a refrigerator.
5) Contain unobstructed egress to safe, open space at ground level. If Jhe replacement dwelling unit
is on the second story or above, with access directly from or through a common corridor, the
common corridor must have at least two means of egress.
6) For a displaced person who is handicapped, be free of any barriers which would preclude
reasonable ingress, egress, or use of the dwelling by such displaced person.
SECTION 24.2(f) OF THE UNIFORM REGULATIONS AT 49 CFR PART 24
27
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Guidance on Temporary Relocations during ouparrunu
ATTACHMENT 9
COMPARABLE REPLACEMENT HOUSING
The tenn "comparable replacement housing" means a dwelling which is:
1) Decent, safe, and sanitary;
2) Functionally equivalent to the displacement dwelling. The term "functionally equivalent" means
that it performs the same function, provides the same utility, and is capable of contributing to a
comparable style of living. While a comparable replacement dwelling need not possess every
feature of the displacement dwelling, the principal features must be present. Generally, functional
equivalency is an objective standard, reflecting the range of purposes for which the various
physical features of a dwelling may be used. However, in determining whether a replacement
dwelling is functionally equivalent to the displacement dwelling, the Agency may consider
reasonable trade-offs for specific features when the replacement unit is "equal to or better than"
the displacement dwelling;
3) Adequate hi size to accommodate the occupants;
4) In an area not subject to unreasonable adverse environmental conditions;
5) In a location generally not less desirable than the location of the displaced person's dwelling with
respect to public utilities and commercial and public facilities, and reasonably accessible to the
person's place of employment;
6) On a site that is typical in size for residential development with normal site improvements,
including customary landscaping. The site need not include special improvements such as
outbuildings, swimming pools, or greenhouses;
7) Currently available to the displaced person on the private market. However, a comparable
replacement dwelling for a person receiving government housing assistance before displacement
may reflect similar government housing assistance; and
8) Within the financial means of the displaced person.
SECTION 24.2(d) OF THE UNIFORM REGULATIONS AT 49 CFR PART 24
28
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Guidance on Temporary Relocation? during Superfund Removal Acoons
ATTACHMENT 10
SAMPLE NOTICE LETTER
It is necessary for the United States Government to (DESCRIBE ACTION - e.g.. to temporarily relocate
you from your property) in connection with the (LIST ACTIVITY/PROJECT).
In compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, Public Law 91-646, the Environmental Protection Agency, through its agents, (COE/USBR). are
available to assist you in finding and obtaining suitable replacement housing for the duration of your
relocation. Additionally, a representative of COE/USBR will be contacting you with the following
information:
• The date and approximate duration of the temporary relocation;
• The location of suitable replacement housing for the temporary period;
• The terms and conditions under which you may return to your home; and
• The type and amount of relocation benefits for which you are eligible under Public Law 91-646.
We assure you that the Government will exert its best efforts to lessen the impact on you arising from this
relocation. If you have any questions, please feel free to contact (PROVIDE NAME ANH TKIJRPHQNE
NUMBER).
29
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Guidance on 'I emporary Relocations during Superfund Removal Actions
ATTACHMENT 11
APPLICATION FOR SUPERFUND TEMPORARY RELOCATION
ASSISTANCE
30
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Guidance on Temporary Relocations during Superfund Removal Actions
ATTACHMENT 12
LIST OF ACRONYMS
ATSDR Agency for Toxic Substances and Disease Registry
CDC Centers for Disease Control and Prevention
CERCLA ' Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(Public Law 96-510)
CIC Community Involvement Coordinator (U.S. EPA)
COE United States Army Corps of Engineers
DOD Department of Defense
DOJ Department of Justice
DOT Department of Transportation
DSS Decent, Safe, and Sanitary Standards
ERCS Emergency Response Cleanup Services
FMR Fair Market Rate
FMSD Facilities Management Services Division
GAO General Accounting Office
HQ EPA U.S. Environmental Protection Agency Headquarters
LA Interagency Agreement
MOU Memorandum of Understanding
OGC Office of General Counsel
OSC On-Scene Coordinator (U.S. EPA)
OSWER Office of Solid Waste and Emergency Response
RP Responsible Party
RPM Remedial Project Manager (U.S. EPA)
SARA Superfund Amendment and Reauthorization and Act of 1986
START Superfund Technical Assessment Response Team
URA Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(Public Law 91-646)
USBR United States Bureau of Reclamation
31
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Case Study in
Temporary Relocation Operations
for Superfund Sites:
•
The Lorain County Pesticide Removal Project
Lorain/Cuyahoga Counties, Ohio
EMERGENCY RESPONSE DIVISION
U.S. EPA Region 5
August 1996
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Case Study: The Lonin County Pesticide Removal Project
Table of Contents
1. BACKGROUND 1
1.1 Introduction 1
1.2 Authority 1
1.3 Site Description 1
1.4 Site History 2
1.4.1 Local Agency Response 2
1.4.2 U.S. EPA Response 3
2. POLICY 4
2.1 Determination of Need for Temporary Relocation 4
2.2 Determination and Prioritization of Households to be Temporarily Relocated 4
2.3 Temporary Relocation Plan 4
3. STAFFING OF RELOCATION OPERATIONS 6
3.1 Designation of OSC for Relocation Operations 6
3.2 Designation of CIC for Public Affairs Assistance 6
3.3 Staffing Support for Relocation Operations 6
3.3.1 COE Support 6
3.3.2 Contractor Support 7
3.4 Establishment of Temporary Relocation Office 7
3.5 Relocation Team 8
4. PRELIMINARY OPERATIONS 9
4.1 Establishing a Network for Financing the Relocation Operation 9
4.2 Identification of Suitable Temporary Housing -. 9
4.3 Temporary Relocation Benefits 10
4.3.1 Application for Temporary Relocation Benefits 10
4.3.2 Determination of Eligibility 10
4.3.3 Determining the Daily Allotment 11
5. ADMINISTRATION OF RELOCATION OPERATIONS 12
5.1 Notification of Residents 12
5.2 Interview with Residents 12
5.2.1 Access Agreement 12
5.2.2 Application for Temporary Relocation Assistance 13
5.2.3 Information Packet 13
5.3 Special Services Required at the LCP Removal Project 13
5.3.1 Arrangements for Receipt of Mail 13
5.3.2 School Transportation for Children 13
5.4 Administration of Temporary Relocation Benefits 13
5.4.1 Distribution of Benefits Checks 14
5.4.2 Termination of Benefits 14
5.4.3 Appeals Concerning Benefits 14
5,5 Administration of Reimbursements 15
5.5.1 Moving Costs 15
5.5.2 Utility Costs at the Primary Residence 15
5.5.3 Replacement of Contaminated Personal Property 15
5.6 Administrative/Communications Tools 16
5.7 Roles of Private Organizations 17
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otuuy. me i_uiam ^/oumy rcotio/ue rvciuuvoi ny/
1. BACKGROUND
1.1 Introduction
This case study discusses the operations that were
established to implement and administer a temporary
relocation program at the Lorain County Pesticide
Removal Project (LCP Removal Project), Lorain and
Cuyahoga Counties, Ohio. The project involved
temporary relocations of 233 households, each for
approximately six to eight weeks, during a removal
project of approximately one year in duration.
Because minority and low-income communities were
affected, the project also presented issues of environ-
mental justice.
The relocation operation was administered by the
United States Environmental Protection -Agency
(U.S. EPA) and its authorized representatives, with
the assistance of the United States Army Corps of
Engineers (COE). The LCP Removal Project was
directed by the U.S. EPA Region 5 Emergency
Response Branch (ERB), Response Section 1.
1.2 Authority
The National Contingency Plan (NCP) provides a
network to respond to the release of hazardous
substances under the authority of the Comprehensive
Environmental Response, Compensation, and Liabili-
ty Act (CERCLA), the Clean Water Act (CWA), and
the Oil Pollution Act of 1990 (OPA). Under the
NCP, U.S. EPA has primary responsibility for
Federal response to inland hazardous substances
releases and for coordinating interagency support
during a Federal response. The Regional On-Scene
Coordinators (OSCs), as U.S. EPA's representatives,
organize all resources for Federal containment,
removal, and disposal efforts during a response
action, and also coordinate Federal efforts with the
local response community.
When an OSC determines that the activities at a
response action will impact members of the local
residential population, U.S. EPA is authorized under
Executive Order (EO) 12580, Superfund Implemen-
tation, to temporarily relocate the threatened individ-
uals as part of the removal action. Temporary
relocation may be necessary to ensure the health and
safety of persons impacted by a hazardous substance
release. In some cases, temporary relocation may
also be necessary to allow U.S. EPA or its agents to
conduct the necessary cleanup activities.
The Uniform Relocation Assistance and Real Proper-
ty Acquisition Policies Act (URA), 42 U.S.C.
Section 4601, was enacted in 1971 to ensure uniform
and equitable treatment of persons who may be
displaced from their homes and businesses during
Federal programs such as disaster relief or national
emergencies, or as a result of projects involving
acquisition of private property (e.g. the construction
of Federally-funded highways). URA provides for
the issuance of relocation benefits to persons dis-
placed in such actions. In 1987, URA was amended
to expand the scope of benefits, and the U.S. De-
partment of Transportation (DOT) was designated as
the lead agency for implementing URA. The uni-
form regulations that were developed and issued by
DOT, 49 CFR Part 24, are concerned primarily with
the implementation of permanent relocations.
However, Appendix A of the DOT regulations
provides general guidance for circumstances where
a project requires temporary relocation of residents.
The U.S. EPA draft Guidance On Temporary Relo-
cations During Superfund Removal Actions available
at the time notes that temporary relocations present
special problems, both to the affected individuals and
to administrative personnel, and that temporary
relocation can be particularly disruptive to the
persons being displaced. The guidance further notes
that U.S. EPA is responsible for ensuring that
persons being relocated as part of U.S. EPA re-
sponse actions are treated within the spirit and intent
of URA, so that the affected individuals do not
suffer undue hardship as a result of being temporari-
ly displaced by U.S. EPA-funded activities.
1.3 Site Description
The LCP Removal Project consisted of 228 residenc-
es in the cities of Elyria and Lorain, Sheffield
Township, Ohio, and an additional five homes in the
city of Cleveland, Cuyahoga County, Ohio. The
homes had become contaminated as a result of illegal
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oase
me corairi oou/u/ re»i/wuer
application of a highly toxic organophosphate pesti-
cide, methyl parathion, by an unlicensed extermina-
tor service. Methyl parathion is not permitted for
use inside buildings intended for human occupation,
although the pesticide is registered for application on
several agricultural crops. Some of the residences
affected by the pesticide spraying in Lorain County
were single-family dwellings; many were units in
public housing complexes. Population groups of the
affected communities included racial minorities
(African Americans and Hispanics), and many of the
households were recipients of public assistance.
In its removal action, U.S. EPA decontaminated
homes in which the pesticide had been detected at
hazardous levels. The decontamination process at
each home necessitated the removal and disposal of
residential fixtures that had been heavily sprayed,
such as baseboards, floor coverings, wallboard, and
cabinetry. As part of the removal action, U.S. EPA
restored residences upon the completion of the
decontamination process. U.S. EPA also disposed of
household items that had been contaminated in the
pesticide spraying, and, upon completion of the
decontamination/restoration process at each home,
administered funds for the replacement of some of
these items.
The residents of each contaminated property were
asked to relocate temporarily during the period of
time that their home was being decontaminated and
restored by U.S. EPA. With assistance from COE,
U.S. EPA oversaw the temporary relocation of these
residents, and administered and distributed the
relocation benefits required under URA to residents
during their temporary relocation.
Many other government agencies and social service
organizations were involved in various aspects of the
project. Among these agencies and organizations
were the United States Coast Guard (USCG) Strike
Force, the Centers for Disease Control and Preven-
tion (CDC), the Agency for Toxic Substances and
Disease Registry (ATSDR), the Ohio Environmental
Protection Agency (OEPA), the Ohio Department of
Public Health (ODPH), the Ohio Department of
Agriculture (ODA), the Lorain County Health
Department (LCHD), the Lorain County Emergency
Management Agency (EMA), Lorain County Human
Services, the Elyria City Health Department, the
Lorain City Health Department, the Cuyahoga
County Health Department, the Cleveland City
Health Department, the East Cleveland Health
Department, the Salvation Army, the American Red
Cross, the St. Vincent De Paul Society, and Catholic
Services.
1.4 Site History
1.4.1 Local Agency Response
On November 8, 1994, ODA received a complaint
from a citizen whose home had been sprayed by an
exterminator service. ODA officials investigated and
found mat an unlicensed, uncertified pesticide
applicator had sprayed methyl parathion in an
estimated 260 to 400 residences. Many of the
residences were located in apartment complexes,
thereby complicating efforts to estimate the total
number of households affected by the spraying.
Further investigation determined that many of the
residences were units in public housing. Communi-
ties initially identified to have been affected by the
spraying were located in the cities of Lorain and
Elyria, Lorain County, Ohio. Subsequent investiga-
tion early in 1995 identified a small number of
homes in the city of Cleveland, Cuyahoga County,
mat had also been sprayed with methyl parathion by
the pesticide applicator.
ODA informed the U.S. EPA Region 5 pesticide
division of the incident. On November 10, 1994, an
inter-agency emergency task force convened to
address the situation identified in the Elyria/Lorain
area. The task force included representatives of
LCHD, ODA, OEPA, ODPH, CDC, and the Nation-
al Institute of Occupational Safety and Health
(NIOSH).
During the second week of November, an autopsy
was conducted to determine the cause of death of a
2-month-old infant. Because the infant had lived in
a home that had been sprayed with methyl parathion,
the pesticide was suspected as a possible cause of
death. An autopsy found the evidence of the pesti-
cide's impact on the child to be inconclusive, and the
cause of death was ultimately listed as Sudden Infant
Death Syndrome.
The inter-agency task force then established sampling
teams to collect environmental samples (indoor air
samples and surface wipe samples of pesticide
residue in homes known to have been sprayed), and
biological samples (urine samples from residents of
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Case Study: ine Loram (Bounty resttciae «emovai
homes that had been sprayed), in order to determine
the extent and the health effects of the methyl para-
thion spraying. Sampling was conducted by LCHD.
Residential air sampling results ranged from non-
detect to 0.03 milligrams per cubic meter (mg/m3).
Results of wipe samples ranged from non-detect to
1.6 milligrams per square centimeter (mg/100 cm2).
Results of urine samples indicated the presence of P-
nitrophenol, a residue of the metabolic interaction of
methyl parathion with acetyl cholinesterase, indicat-
ing exposure to the pesticide. Based on these re-
sults, three families showing the greatest risks from
continued exposure to methyl parathion were relocat-
ed to temporary housing in December 1994.
1.4.2 U.S. EPA Response
On November 29, 1994, U.S. EPA's Region 5 ERB
was consulted regarding the incidents of residential
pesticide contamination in Lorain County. U.S.
EPA personnel visited the communities, including
several of the homes that had been sprayed, on
November 30, 1994. On December 2, 1994, the
Region 5 ERB received verbal concurrence from
U.S. EPA Headquarters (HQ EPA) in Washington,
DC, to conduct emergency operations to mitigate
threats to human health and the environment posed
by the presence of uncontrolled methyl parathion in
the residences. On December 12, 1994, the Associ-
ate Director, Office of Superfund, U.S. EPA Region
5, authorized funding for a response.
The Region 5 Senior Health and Science Advisor,
U.S. EPA Region 5 Superfund Division, developed
quantitative values to be used as action levels for 1)
temporary relocation of residents or workers, and 2)
acceptable decontamination/residual levels for the
residences. A document was issued on December 3,
1994, detailing the criteria for households requiring
relocation and residential decontamination and
recommending the tabulation of all information on
each household affected by the spraying.
On December 5, 1994, U.S. EPA OSCs met with
local officials. LCHD indicated that the sampling
program begun in November would continue, with
the sample results to be evaluated against the criteria
established by the U.S. EPA Senior Health and
Science Advisor. Residences that had been sprayed
would then be prioritized on the basis of these
criteria, and a priority list would be forwarded to
U.S. EPA for decontamination actions.
The U.S. EPA Region 5 ERB began removal activi-
ties at the LCP Removal Project in December 1994,
eventually mobilizing personnel to staff a total of
five decontamination/restoration crews for the
project. Removal activities continued at full staffing
levels through the summer of 1995, with gradual
downsizing of the staff and equipment committed to
the project from early fall 1995 to the final demobili-
zation on February 15, 1996.
The maximum number of residents in relocation
status during the entire project was approximately
244 persons, in May 1995. U.S. EPA staff later
estimated that, in consideration of the time and
personnel required to decontaminate/restore homes,
the optimal number of persons in relocation status
that the removal action could most effectively serve
was approximately 100 persons.
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Case Study: The Lorain County Pesociae Kemovai
2. POLICY
2.1 Determination of Need for
Temporary Relocation
According to U.S. EPA's Guidance On Temporary
Relocations During Super/and Removal Actions, the
U.S. EPA OSC makes the determination of the need
for relocations mat are carried out in conjunction
with Superfund removal actions. The determination
of a need for a removal action was documented in
the action memorandum for the LCP Removal
Project Because of the dangers associated with
continued exposure to methyl parathion, and because
decontamination of the affected residential properties
required intrusive measures (e.g. removal of floor
coverings, baseboard and wallboard, and fixtures
such as cabinetry), the action memorandum also
documented a determination of the need for tempo-
rary relocation of the residents of those properties.
The decision to temporarily relocate the affected
residents was made by the principal OSCs, in consul-
tation with U.S. EPA's Region 5 Senior Health and
Science Advisor and members of the inter-agency
task force.
2.2 Determination and Prioritization
of Households to be Temporarily
Relocated
Under U.S. EPA guidance for temporary relocations,
the OSC determines the site boundaries at a Super-
fund site or removal action, and may request techni-
cal assistance from ATSDR/CDC in determining
which persons will require relocation.
At the LCP Removal Project, local health agencies
conducted door-to-door surveys to determine which
homes had been sprayed with the pesticide, followed
by environmental and biological sampling in homes
identified in the survey. Analytical results were used
to determine the extent of contamination and to
identify persons most at risk. The risk management
criteria were developed in consultation with the U.S.
EPA Senior Health and Science Advisor, in conjunc-
tion with representatives of ATSDR and CDC. The
risk management criteria defined four action levels,
based on results of the three components of the
sampling program (Table 1). The goal was to
reduce the risk to die most exposed groups immedi-
ately, through emergency relocation of persons in
Level 1 households; and to reduce both short- and
long-term risks by instituting a schedule of decon-
taminating residences by priority (Levels 1, 2, 3).
Throughout the LCP Removal Project, the environ-
mental and biological sampling were conducted by
the respective county health departments. Health
officials forwarded the sampling results to the U.S.
EPA command post, and issued evacuation orders
for homes found to be contaminated at Levels 1, 2,
or 3. Upon receipt of sampling results for each
home, the OSCs prioritized the homes and notified
property owners. U.S. EPA representatives then met
wim residents to obtain an agreement for access to
each home (see Sections 5.1 and S.2.), and the
homes were scheduled for decontamination.
2.3 Temporary Relocation Plan
COE representatives assisted the OSC in conducting
a preliminary study of the requirements and potential
logistical problems of the relocation operation for the
LCP Removal Project. The study addressed the
following points:
• Estimate of the number of households to be
displaced.
• Estimate of the number and costs of comparable
replacement dwellings available in the area.
• Identification of any businesses, farms, and/or
nonprofit organizations requiring temporary
relocation.
• Consideration of any special services that would
be necessary from U.S. EPA and other support
agencies.
The OSC then developed a site-specific temporary
relocation plan which was reviewed by COE prior to
the start of the temporary relocation.
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oiuoy. me L.UIOUH
Table 1
ACTION LEVELS
AT THE LORAIN COUNTY PESTICIDE REMOVAL PROJECT
LeveM
(Rapid Relocation)
Level 2
(Priority)
Level 3
(Minimal or No Action)
Level 4
(No Action)
Surface 2: 150pg/100 cm2
Air ^ 10 j*g/m3
Urine (ppb): > 150 - 300 - 600 p-nitrophenol
(conservative <10% ChE)
Surface * 50 £ 150pg/100 cm2
Air i 3//g/m3 ^ 10/ig/mJ
Urine (ppb): >50 -100 - 200 p-nitrophenol
<150 - 300 - 600
Surface i 15 £ 50/ig/100 cm2
Air «s 3/ig/m3
Urine (ppb): > 5 -10 - 20 p-nitrophenol
<50 - 100 - 200
Surface £ 15/ig/100 cm2 (6 samples)
Air < 3 pg/m3
Urine (ppb): < 5 - 10 - 20 p-nitrophenol
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Case Study: The Lora/n County Pesticide Removal Project
3. STAFFING OF RELOCATION OPERATIONS
3.1 Designation of OSC for Relocation
Operations
Because of the
of the LCP Removal
Project, three principal OSCs were assigned to
oversee the various aspects of the removal action:
extent-of-contamiaation assessment, relocation opera-
tions, and decontamination/restoration. The OSC for
relocation operations was responsible for directing all
aspects of the residential relocations, including:
• Ensuring the fair and ethical treatment of the
residents, in accordance with URA and the DOT
regulations.
• Coordinating and interfacing with the county
health departments and other local and support
agencies.
• Ensuring appropriate contractor support for
conducting the relocation operation.
• Ensuring appropriate distribution of government
relocation monies.
• Ensuring appropriate financial management and
documentation by contractors assisting with the
relocation operation.
• Assisting in the inspection of decontaminated/
restored dwellings prior to residents' resuming
occupancy.
• Trouble-shooting problems that occurred during
temporary relocations.
• Reviewing and processing appeals of residents
regarding relocation decisions.
As the LCP Removal Project progressed, a second
OSC was assigned to assist the principal OSC for
relocation operations. The additional staffing was
necessitated by the oversight required at the height of
removal activities, when the greatest number of
families were in relocation status.
3.2 Designation of CIC for Public
Affairs Assistance
Because of the consistently high demand for public
information and community involvement at the LCP
Removal Project, a Community Involvement Coordi-
nator (CIC) from the Region 5 Office of Public
Affairs was assigned at the start of die project. A
CIC remained on site full time for the first several
months of the project and was later assisted by
rotating CICs from the Office of Public Affairs
throughout the remainder of me cleanup. CICs were
responsible for the following aspects of the reloca-
tion operation:
• Developing a site-specific communications strate-
gy-
» Responding to public and media inquiries.
• Arranging press conferences and media events.
• Issuing press releases at milestones in the project.
• Arranging neighborhood information sessions and
public meetings.
• Assisting the OSC for relocation operations in
identifying community needs and coordinating
with other government agencies.
• Developing community information materials,
including fact sheets, leaflets, postcards (see
Section 5.6).
• Conducting community interviews.
• Developing die site-specific community involve-
ment plan.
• Establishing local information repositories at
public libraries in the affected communities
• Performing speaking engagements throughout the
community
3.3 Staffing Support for Relocation
Operations
3.3.1 COE Support
COE is authorized to provide real estate services and
technical support to U.S. EPA during actions per-
formed under CERCLA. During the early phases of
the LCP Removal Project, COE representatives
assisted the OSC by identifying resources for tempo-
rary housing in the Elyria-Lorain area and reviewing
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Case Sfudy: The Lorain County Pesticide Removal Project
the Temporary Relocation Plan for the LCP Removal
Project. COE also provided technical support
throughout the project by assisting in calculation of
daily allotments for temporary relocation assistance
benefits.
3.3.2 Contractor Support
The technical support required for relocation opera-
tions at the LCP Removal Project presented staffing
requirements that exceeded COE's available person-
nel. The OSC for relocation operations was there-
fore authorized to use the Emergency Response
Cleanup Services (ERCS) and Superfund Technical
Assessment and Response Team (START)/Technical
Assistance Team (TAT) contractors to assist in
administering the relocation operations.
Because temporary relocation benefits amount to
government entitlements requiring unique expertise
in their administration, U.S. EPA relocation guid-
ance directs that contractors should never be tasked
with activities which require making decisions
regarding relocation benefits. Accordingly, the
OSC, assisted by COE personnel, determined the
scope and amount of relocation benefits available to
members of each household being temporarily
relocated at the LCP Removal Project. ERCS -
START/TAT involvement was limited to the routine
administrative procedures listed below, subject to
OSC oversight:
ERCS Taskmgs - The ERCS contractor provided
staff to assist in administering the relocation opera-
tion. Responsibilities of these personnel were as
follows:
• Making hotel reservations.
• Making kennel arrangements for pets.
• Providing moving assistance, including pack-
ing materials.
• Arranging school transportation for children of
displaced households.
• Maintaining and updating relocation database
information.
• Paying all lodging costs, including tax.
• Arranging site security.
• Maintaining site relocation files.
• Making arrangements for an independent
appraiser to assess the cost of items of furni-
ture disposed of because of contamination.
• Cost documentation.
START/TAT Taskmgs - The responsibilities of
START/TAT contractor personnel were as follows:
• Assisting U.S. EPA personnel in conducting
access agreement interviews (see Section 5.2).
• Coordinating die schedule for relocation with
the schedule for decontamination/restoration.
• Maintaining U.S. EPA files for relocated
households.
• Assisting U.S. EPA personnel in delivering
relocation benefits checks.
• Drafting documents used to administer the
relocation.
3.4 Establishment of Temporary
Relocation Office
The response operations for the LCP Removal
Project were initially directed from a temporary
command post. In April 1995, U.S. EPA set up a
command center in eight office trailers stationed in
an unused corner of an industrial facility's parking
lot, to serve as the central location for directing all
operations associated with the project.
The scope and logistical complexity of relocation
operations at the LCP Removal Project necessitated
the designation of office space dedicated exclusively
to administration of that aspect of the project.
Accordingly, one office trailer was designated as the
Temporary Relocation Office, and served as the
administrative headquarters for the LCP Removal
Project's relocation operations. The trailer was
equipped to house the OSCs in charge of relocation
operations and U.S. EPA and START/TAT person-
nel administering the relocation operations. The
office was also equipped with answering machines/
voice mail service to receive telephone calls from
relocated residents, enabling U.S. EPA to respond
promptly to questions and fulfill residents' day-to-
day information needs.
The office trailer dedicated to the relocation opera-
tion was located in close proximity to trailers hous-
ing the ERCS personnel who were coordinating the
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Case Study: The Lorain County Pesticide Removal Project
procurement of temporary housing and the transpor-
tation of residents and personal property to and from
temporary housing. This set-up facilitated the
necessary communications between staff working on
all aspects of the relocation operation.
3.5 Relocation Team
The DOT regulations implementing URA require
that the OSC establish and implement a relocation
assistance advisory program, with the general pur-
pose of minimizing the hardships and inconveniences
of persons being relocated as a result of Federal
programs. The OSC for relocation operations at the
LCP Removal Project assembled a Relocation Team
whose members enacted the advisory program.
The Relocation Team consisted of the two OSCs for
relocation operations; the CIC assigned to the pro-
ject, assisted by rotating CICs from the Region 5
Office of Public Affairs; and two START/TAT
members dedicated to administering the relocation
operation. Representatives from the Region 5 Office
of Environmental Justice served as consultants to the
team, and were frequently on site to provide guid-
ance in working with members of the minority
populations affected by the pesticide spraying, in
particular with translation of materials for the local
Hispanic community. An additional START/TAT
member assisted the CIC in developing community
information materials for the project.
Throughout the project, members of the Relocation
Team served as die contact point between the relo-
cated residents and U.S. EPA. Their responsibilities
were as follows:
• Obtaining access agreements and assisting resi-
dents in completing the Application for Superfund
Temporary Relocation Assistance (see Section
4.3.1).
• Finding suitable temporary housing for families
being temporarily relocated.
• Making plans for moving and storage of personal
property.
• Coordinating activities on residents' moving day.
• Helping residents adjust to temporary housing.
• Arranging for payment of temporary relocation
benefits.
• Delivering relocation benefits checks.
• Keeping residents informed about moving dates
and projected dates for re-occupancy of die
primary residence.
• Answering questions about the progress on decon-
tamination of residents' homes.
• Conducting' risk communication and providing
information about the pesticide.
• Distributing termination of benefits notices and
related information.
• Conducting replacement item agreements with
owners/tenants.
• Helping to maintain relocation files.
• Distributing leaflets in neighborhoods prior to
mobilization of the decontamination crew and
equipment to each home.
U.S. EPA relocation guidance notes that the process
of temporary relocation can be particularly disruptive
to members of affected households. At the LCP
Removal Project, the assignment of project-dedicated
personnel to the relocation operation ensured the
availability of personnel familiar with the circum-
stances of individual households when questions or
problems arose.
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Case Study: The Loram County Pesticide Removal
4. PRELIMINARY OPERATIONS
4.1 Establishing a Network for
Financing the Relocation Operation
Under URA, U.S. EPA is required to 1) issue
temporary relocation benefits to residents during the
period of their relocation, and 2) reimburse certain
specified costs to residents following their re-occu-
pancy of the decontaminated homes. Administering
the benefits and reimbursements involves the dis-
bursement of Federal funds to individuals, an admin-
istrative task that is not ordinarily within the scope
of work of CERCLA removal actions. To ensure
the proper use and the effective disbursement of
Federal funds throughout the anticipated duration of
the LCP Removal Project, it was necessary to
establish a financial network to provide the reloca-
tion operation with a check-issuance capability.
Upon determining the necessity of temporary reloca-
tions as part of the LCP Removal Project, the OSC
notified the Region 5 Regional Coordinator at HQ
EPA and the Chief, Real Property and Space Man-
agement Services Branch, at HQ EPA, who ensures
that the DOT regulations are properly implemented
at CERCLA removal actions. HQ EPA representa-
tives worked directly with the OSC to establish
mechanisms to finance the relocations and assisted in
developing the necessary forms to document the
disbursement of funds.
Region 5 opened a Miscellaneous Obligation Docu-
ment which permitted the OSC to request the funds
necessary to finance the costs of the relocation
operation. Separate accounts were maintained for
payment of relocation benefits, utility reimburse-
ment, and replacement of contaminated personal
property that required disposal. The OSC completed
a request for each check to be issued to an individu-
al, which was submitted for approval to the U.S.
EPA Deputy Project Officer in the Region 5 Emer-
gency Support Section. The approved requests were
then submitted by the U.S. EPA Finance Section to
the U.S. Treasury Department, which issued the
check in the amount requested. Checks were sent to
the OSC at the command center for distribution to
heads of relocated households.
As the removal action progressed, however, it was
determined that an alternative mechanism, a third-
party draft, would be more efficient for payment of
costs being reimbursed to residents following their
return to their homes. A vendor was chosen to issue
the reimbursement checks requested by the OSC.
Relocation benefits continued to be paid through the
U.S. Treasury Department.
4.2 Identification of Suitable
Temporary Housing
The DOT regulations specify factors to be consid-
ered in evaluating the available replacement housing
for persons being relocated as a result of a Federal
project. First, the replacement housing must meet
standards for "decent, safe, and sanitary" housing, as
set out in the DOT regulations (see Attachment 1).
Second, replacement housing alternatives should be
cost effective. Third, the options considered should
be the least disruptive to the persons being tempo-
rarily relocated, and-where conditions- permit--
should meet the "comparability" standards set out in
the regulations (see Attachment 1). In general, the
standards specify that temporary housing leased by
the Government must not present a health or safety
hazard to the occupants, be reasonable in size to
accommodate the needs of the occupants, and be
within reasonable commuting distance of work,
school, etc.
As part of the development of the Temporary Relo-
cation Plan for the LCP Removal Project, COE
assisted the OSC by investigating local housing
resources that met the standards and could be utilized
for temporary housing. Additionally, persons being
relocated during the LCP Removal Project were
encouraged to identify their own housing resources
(e.g., with family or friends). In many instances,
however, the duration of the decontamina-
tion/restoration operations at the LCP Removal
Project made this housing option infeasible.
A small number of residents were temporarily
relocated to apartment housing. Because of the
limited housing resources in the Elyria/Lorain area,
the OSC determined that it was necessary to relocate
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Case Study: The Lorain County Pesticide Removal Project
the residents of most of the affected homes to tran-
sient accommodations (i.e., local hotels and motels).
According to the DOT regulations, hotels/motels are
considered to be the replacement housing of last
resort, but may be justified by a determination that
there is little, if any, comparable replacement hous-
ing available to displaced persons within the project
area.
On occasion, complications arose at the LCP Project
regarding the availability of hotels and motels as
replacement housing. Rooms at several hotels/
motels had been pre-empted by long-standing reser-
vations associated with events at area colleges and
universities, necessitating alternative arrangements
for some persons in relocation status.
The OSC for relocation operations made an effort to
inspect all prospective temporary housing to ensure
that it met required standards. A number of pro-
spective housing resources, including rental of units
in mobile home parks, were investigated and rejected
because the housing did not meet the standards.
4.3 Temporary Relocation Benefits
The DOT regulations provide for the issuance of
temporary relocation benefits to any person, family,
individual, business, nonprofit organization, or farm
being temporarily relocated during a Superfund
action. Temporary relocation benefits are intended
to cover reasonable living expenses which are
additional to expenses incurred prior to displacement
from the primary residence; they are not intended to
provide total compensation to individuals for expens-
es or losses associated with contamination of a
Superfund site. Benefits generally consist of pay-
ment of costs of temporary housing; a daily allot-
ment for incidental costs; and, depending on the
form of temporary housing, a daily food allotment.
The LCP Removal Project consisted of residential
properties only, including single-family dwellings
and individual units in multiple-family dwellings.
The range of available benefits consisted of payment
of hotel/motel costs or payment of rental costs for
temporary apartments and furnishing; payment of
kennel costs for pets; the daily incidentals allotment;
and a daily allotment for food for persons relocated
to hotels/motels.
Many of the affected households of the LCP Remov-
al Project included persons who were receiving
various forms of public assistance. Under URA,
Part 24.208, rno payment of relocation assistance
received by a displaced person shall be considered as
income for the purpose of the Internal Revenue
Code, or for the purpose of determining the eligibili-
ty or the extent of eligibility of any person for
assistance under the Social Security Act or any other
Federal law, except for any Federal law providing
low-income housing assistance". Accordingly, the
OSC consulted with local administrators of public
assistance to ensure that recipients of temporary
relocation assistance would be treated in compliance
with the regulations. Relocatees who were recipients
of public assistance were granted a six-month exemp-
tion from regulations concerning other sources of
income. U.S. EPA provided the respective county
human services departments with lists of residents
and their Social Security numbers for tracking
purposes. U.S. EPA personnel adhered to Privacy
Act concerns when providing this information.
4.3.1 Application for Temporary
Relocation Benefits
Under the DOT regulations, persons being tempo-
rarily relocated as a result of Federal actions or
projects must apply in writing to be considered for
temporary relocation benefits. A form, the Applica-
tion for Superfund Temporary Relocation Assistance,
was developed for this purpose (see Attachment 2).
This form is used to obtain information necessary for
assistance, and must be completed for all U.S. EPA
temporary relocation actions. Members of each
household are included on a single application.
At the LCP Removal Project, members of the
Relocation Team assisted the applicants in complet-
ing the form during a personal interview conducted
shortly after a letter of notification had been sent to
the household. These and other administrative
aspects of the LCP Removal Project's temporary
relocation assistance program are discussed in detail
in Section 5.
4.3.2 Determination of Eligibility
Based on application information and eligibility
criteria listed at 49 CFR Part 24.2 (g)(2), the OSC
identified the categories of temporary relocation
assistance for which each applicant was eligible. In
instances where eligibility for a specific item
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Case Study: The Lorain County Pesticide Removal Project
changed after the initial determination (e.g., as a
result of birth or decease of a household member),
the change and reason(s) were documented in the file
for that applicant, and the applicant was notified in
writing, in accordance with U.S. EPA guidance.
URA specifies that an applicant is only eligible for
categories of assistance where additional expenses
are actually being incurred, i.e., expenses that are in
addition to what the person would be incurring were
he/she not in relocation status. At the LCP project,
persons relocated to hotels/motels were eligible for
the daily food allotment. Persons relocated to
apartments were not eligible for this form of assis-
tance, as the replacement housing contained facilities
for food storage and preparation that were compara-
ble to the primary housing.
Under the U.S. EPA Guidance On Temporary
Relocations During Superjund Removal Actions, U.S.
EPA generally does not authorize the payment of
temporary relocation benefits when it has been
determined that an individual's action gave rise to
the exercise of U.S. EPA's response authority.
However, the guidance also considers the role played
by the responsible party in the creation or the main-
tenance of the condition prompting the CERCLA
response as factor in determining a responsible
party's eligibility for relocation benefits. The
decision in such instances is made by HQ EPA/the
Office of Solid Waste and Emergency Response
(OSWER), in coordination with the Office of Gener-
al Counsel (OGC). At the LCP Removal Project,
although owners and occupants of homes that were
found to contain pesticide contamination had con-
tracted for the exterminating services which resulted
in the contamination, these persons were considered
to have de minimis liability for the contamination and
were therefore determined to be eligible to receive
relocation benefits.
4.3.3 Determining the Daily Allotment
The OSC established a daily allotment for household
members (adults and children) who were relocated to
hotels or motels. The daily allotment was derived
from the Federal per diem rate for Lorain County,
based on each person's age, with adults receiving the
full per diem rate and children under age 12 receiv-
ing half the adult per diem rate (see Attachment 3
for administrative form for allotment determination.)
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Case Study: The Lorain County Pesticide Removal Project
5. ADMINISTRATION OF RELOCATION OPERATIONS
5.1 Notification of Residents
Following the receipt of sampling results for each
household, the local health department issued an
evacuation order for residences requiring decontami-
nation. U.S. EPA men hand-delivered a notification
letter to the head of household. The letter was
developed by the OSC and the U.S. EPA Office of
Regional Counsel (ORC), and satisfied the URA
requirement for "reasonable advance written notice,
where practicable" (see Attachment 4 for letter used
at the LCP Removal Project). The letter provided
the following information:
• The start date and estimated duration of the
temporary relocation.
• The location of the suitable, decent, safe, and
sanitary dwelling to be made available for the
temporary period.
• The terms and conditions under which the dis-
placed person(s) could return to the evacuated
location or to another decent, safe, and sanitary
comparable location.
• A general description of the relocation benefits for
which the person may be eligible, and the proce-
dures for obtaining those benefits.
• A statement of the person's right to appeal U.S.
EPA's determination regarding his/her application
for assistance.
The letter was written in plain, understandable
language, and included the name and telephone
number of the OSC for relocation operations and the
CIC assigned to the she, as persons to be contacted
for further information or assistance. Staff from
U.S. EPA's regional Office of Environmental Justice
were on standby to assist any persons unable to read
and understand the notice (e.g. persons requiring
Spanish translation).
5.2 Interview with Residents
A principal responsibility of the CICs and
START/TAT members of the Relocation Team was
conducting personal interviews with prospective
relocatees as sampling results from the homes were
forwarded to U.S. EPA by the county health depart-
ments. Teams consisting of one U.S. EPA represen-
tative and one START/TAT member visited each
household identified in the extent-of-contamination
sampling, and interviewed the heads of the affected
households. The purpose of these interviews was to
obtain access for U.S. EPA crews to conduct the
decontamination/restoration activities in each home,
and to obtain information to complete each house-
hold's Application for Superfund Temporary Assis-
tance. At the time of die interview, residents were
notified about the results of the sampling in their
homes and the tentative schedule for decontamina-
tion. Because of the concerns regarding exposure to
the pesticide, the access teams used vans equipped
with seating as on-site locations for the interviews.
The interview also provided an opportunity to
answer questions, explain the benefits for which each
household was eligible, and inform residents of the
circumstances under which their benefits would be
terminated. The OSC and CIC developed informa-
tion packets that were given to residents at the time
of the interview, including fact sheets about the
pesticide and information about which household
items might safely be decontaminated (see Attach-
ment 5). The decontamination/restoration process
was described, and options for restoration, such as
colors of paint and floor coverings, were presented
to residents during the interview. Residents were
also advised to remove all automotive vehicles from
their property prior to relocation to temporary
housing, and signed an authorization form for the
moving of any vehicles found on the property after
their relocation (see Attachment 6).
Heads of households were advised to maintain a file
of all documents involving their temporary reloca-
tion. They were also advised to keep receipts of
utilities bills from their period of relocation as
documentation for future reimbursement of these
costs.
5.2.1 Access Agreement
A major role performed by members of the Reloca-
tion Team at the LCP Removal Project was to obtain
consent from owners and tenants of contaminated
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Case Stijdy: The Lorain County Pest/c;ae Kemovai rroyeci
properties for U.S. EPA'S proposed decontamination
of those properties. The OSC worked with ORC
representatives to develop a written access agreement
for owners/tenants to read and sign, giving U.S.
EPA and its authorized agents access to the affected
properties in order to remove the pesticide contami-
nation (see Attachment 7 for access agreement form).
5.2.2 Application for Temporary
Relocation Assistance
U.S. EPA also assisted the residents in completing
the necessary Application for Superfund Temporary
Relocation Assistance. The completed application
provided detailed information on the composition of
the household, enabling U.S. EPA to ascertain the
pre-incident housing situation and assess any special
relocation needs. As cited previously, the applica-
tion is included as Attachment 2.
5.2.3 Information Packet
The CIC, in consultation with the OSC for relocation
operations, developed an information packet to be
distributed to residents at the time of the access
agreement interview (Attachment 5). The packet
included:
• Fact sheet on methyl parathion, developed in
consultation with the U.S. EPA Senior Health and
Science Advisor.
• Fact sheet on decontaminating household items.
• Fact sheet on laundering contaminated clothing.
• Guidance for persons relocated to hotels/motels.
• Guidance for persons relocated to apartments.
• Packing instructions.
The CIC also directed the development of a booklet,
Residents' Guide to Temporary Relocation, which
was issued to members of each household involved
in the relocation as part of the information packet.
The booklet was developed in consultation with the
OSCs and ORC, and described the site-specific
implementation of URA relocation policies, present-
ing information in a user-friendly, question-and-
answer format. Topics covered included preparing
for temporary relocation, the decontamination
process, temporary relocation benefits, options for
temporary housing, returning home, and information
about methyl parathion. The booklet also contained
information concerning the location and hours of the
Temporary Relocation Office, as well as contacts for
further information.
In addition, the CIC developed a leaflet providing
general information on the contaminant and the
removal action. The leaflet was delivered door-to-
door in the neighborhood surrounding each home
undergoing decontamination, approximately one
week prior to the mobilization of decontamination
crews and equipment.
5.3 Special Services Required at the
LCP Removal Project
5.3.1 Arrangements for Receipt of
Mail
U.S. Postal Service policy prohibits the temporary
holding of public assistance checks at its post offices.
Because many of the affected residents were recipi-
ents of public assistance, it was necessary that mail
delivery continue at the address of the primary
residence throughout the period of relocation. U.S.
EPA set up temporary mail boxes at each house-
hold's primary residence during the period that the
home was undergoing decontamination/restoration.
5.3.2 School Transportation for
Children
Many of the households being relocated as part of
the LCP Removal Project included school-aged
children. In most instances, the replacement housing
of relocated residents was located at a considerable
distance from the children's local schools.
ERCS contracted with a local social services organi-
zation to provide vans and drivers to transport the
children to their schools. This arrangement permit-
ted U.S. EPA to oversee the school transportation
operation and address any problems that arose in its
administration (see Attachment 8 for Application for
School Bus Transportation.)
5.4 Administration of Temporary
Relocation Benefits
In accordance with regulations, the Relocation Team
maintained a file on each applicant for temporary
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Case Study: The Lorain County Pesticide Removal
relocation assistance. The file contained the follow-
ing documents:
• Relocation letter
• Access agreement
• Application for temporary relocation assistance
• Vehicle consent form
• Benefit package letter
• Conversation record
• Photocopies of assistance checks issued to the
applicant
• Memos to document any change eligibility status
(e.g. as a result of birth or decease of a household
member)
• Re-entry notification letter
• Benefit termination letter
• Reimbursement claim form and receipts
Each household was identified by a three-digit
applicant identification number to facilitate record-
keeping.
5.4.1 Distribution of Benefits Checks
U.S. Treasury Department checks were issued to
heads of households every two weeks during the
period of their temporary relocation. The checks
were sent to the OSC at the project command cen-
ter's Temporary Relocation Office, and were hand-
delivered to the designated recipients by members of
the Relocation Team.
Each check was photocopied prior to distribution,
and the recipient signed and dated a form document-
ing the receipt of each check (see Attachment 9 for
form). These materials were placed in the file for
that household.
5.4.2 Termination of Benefits
The U.S. EPA Guidance On Temporary-Relocations
During Superfund Removal Actions requires that
persons who are temporarily relocated in a CERCLA
removal action be given reasonable advance notice of
the termination of temporary relocation benefits,
including at a minimum the date and time that
relocatees can reoccupy their primary residences,
and the date and time when temporary relocation
benefits will cease. According to the guidance,
notice of termination of benefits should be in writ-
ing, or, where written notice is impracticable, oral
notice will be provided, followed later by a written
notice. Residents ware provided with a minimum of
two days advance notice of the date that relocation
benefits would cease (see Attachment 10 for the
letter developed for this purpose for the LCP Re-
moval Project). In determining when to terminate
temporary relocation benefits, the OSC took into
account any special circumstances that might impact
on the re-occupancy of die original residence (such
as removal of large household items or other person-
al property from storage). Residents were also
informed in the written notice that they would be
responsible for any additional charges beyond the
date and time of the termination of benefits.
Ordinarily, termination of benefits occurred when
decontamination/restoration of a resident's home had
been completed and the home was ready for occu-
pancy. However, the regulations allow for termina-
tion under the circumstances listed below:
• Failure to take due care of the temporary housing.
• Failure to comply with hotel/motel rules or with
items of an apartment lease.
• Failure to pay charges for which the occupant of
temporary housing is liable.
• Misrepresentation or fraud.
• Change of permanent residence.
At the LCP Removal Project, relocated residents
were kept informed about the progress of the decon-
tamination and restoration of their homes, and were
given written notice of the date mat they could re-
enter their homes (see Attachment 10).
5.4.3 Appeals Concerning Benefits
URA provides that any .person who disagrees with
U.S. EPA's determination concerning eligibility for
temporary relocation assistance, die amount of
temporary relocation assistance for which the person
is found eligible, or the termination of temporary
relocation assistance, may file a written appeal of
that determination to the appropriate relocation
support agency (COE, or HQ EPA). COE has an
appeal process in place to address such claims. At
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oase -Muoy. me L.OICHII
the LCP Removal Project, members of the Reloca-
tion Team informed residents of this appeal process
in the notification letter and the access interview.
5.5 Administration of Reimbursements
Under the DOT regulations, persons being tempo-
rarily relocated as part of a CERCLA removal action
are eligible to receive reimbursement for all reason-
able out-of-pocket expenses incurred in connection
with the temporary relocation. At the LCP Removal
Project, certain expenses were eligible for reimburse-
ment. In addition, residents were reimbursed under
U.S. EPA's removal authority for the cost of replac-
ing certain items of contaminated personal property
that had been disposed of during the removal action.
5.5.1 Moving Costs
Residents were reimbursed a fixed amount of $50.00
for moving expenses. Reimbursement was made
upon the resident's return to the primary residence.
The amount was in accordance with 49 CFR Part
24.302, which states that "a person whose residential
move is performed by an agency at no cost to the
person shall be limited to $50.00".
5.5.2 Utility Costs at the Primary
Residence
Draft U.S. EPA guidance directed that the costs of
essential utilities at the temporary residence during
the period of temporary housing and the costs for
connecting and/or disconnecting essential utilities at
the temporary residence are eligible for reimburse-
ment. In some instances, however, it may be
necessary to continue utilities at the primary resi-
dence during the removal action, and U.S. EPA will
then pay for this continuation of utilities at the
primary residence. At the LCP Removal Project,
U.S. EPA provided for utilities at both the tempo-
rary residence, as part of the lease; and at the
permanent residence, because removal activities (i.e.
the decontamination process) required extensive use
of utilities.
Upon submitted of documentation, residents were
reimbursed for utilities consumed at the primary
residence during the period of their relocation. The
decontamination/restoration of the primary residence
consumed utilities which were considered removal
action costs. U.S. EPA advised residents, both at
the access interview and throughout repeated con-
tacts, to retain receipts of all utility bills during their
temporary relocation (see Attachment 11 for claim
form and accompanying letter.)
5.5.3 Replacement of Contaminated
Personal Property
Superfund Removal Procedures specify that the costs
of replacing personal property items that are dam-
aged or destroyed as part of a response action are
allowable costs. At the LCP Removal Project,
certain items of personal property mat had come in
contact with the pesticide could not be decontaminat-
ed. Items made of plastic (toys, some furniture, and
cookware), and items such as window dressings,
mattresses, bedding, upholstered furniture, and
carpeting were found to have absorbed the pesticide,
and were therefore disposed of during the decontami-
nation of homes. High-contact child and infant items
such as toys, cribs, car seats, and high chairs were
also routinely disposed of because of children's
sensitivity to the contamination, on the recommenda-
tions of the local health departments.
The decontamination crews photographed and video-
taped all items of personal property left in the home
that were to be disposed of because of excessive
contamination. The photographs were forwarded to
ERCS relocation administrative staff for identifica-
tion of all items eligible for replacement. U.S. EPA
contracted with an independent appraiser to assess a
value for all items of personal property that had been
disposed of. Members of the Relocation Team
presented residents with a form to sign to indicate
acceptance of the appraised value of the personal
property (see Attachment 12 for Agreement Form for
Compensation of Damaged/Destroyed Personal
Property). Residents were permitted to appeal if
they did not agree with the appraised value listed on
the form. Residents were also permitted to view
U.S. EPA's videotaped documentation of household
items if they wished to establish a claim for replace-
ment of property not listed in the original appraisal.
Certain large items (e.g. living room and bedroom
furniture, mattresses) were replaced through con-
tracts with local vendors.
Expenses that were not reimbursed included rental
payments or mortgage payments for the primary
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Case 6tuay: me Lorain uou/uy
residence, personal transportation costs, and insur-
ance premiums for the temporary housing unit and
the primary residence. According to URA, such
costs are not reimbursed because the tenant or
property owner would have paid those costs had the
relocation not taken place. However, the regulations
also provide that, when appropriate, the OSC may
recommend that other expenses directly related to the
temporary relocation become eligible expenses. In
several instances at the LCP Removal Project, the
OSC authorized the purchase of public transportation
passes for persons relocated to housing distant from
the individual's place of employment. Such expenses
were justified because the person's primary residence
was within walking distance of the work site, and the
personal transportation costs therefore constituted an
additional expense of relocation.
As noted in Section 4.1, reimbursement payments
were originally paid under the same mechanism as
temporary relocation benefits, via checks issued by
the U.S. Treasury Department. In August 1995,
HQ EPA recommended that reimbursement payments
be handled through a third-party draft. A vendor
was then selected to administer the system for
processing reimbursement checks.
5.6 Administrative/Communications
Tools
A problem initially encountered by the teams con-
ducting access interviews and delivering benefits
checks was a significant number of residents and
relocatees who missed scheduled appointments for
meetings with U.S. EPA relocation staff. U.S. EPA
developed visitation cards-postcard-sized notifica-
tions that could be left at a residence to indicate U.S.
EPA's attempt to meet with the resident or deliver a
check. The card provided a contact person and
telephone number for the recipient to call to resched-
ule the meeting. Translations for Spanish versions
of the cards were provided by staff from the regional
Office of Environmental Justice.
An important element of the LCP Removal Project
was communication among the various teams associ-
ated with different aspects of the project. The OSCs
and CIC for relocation operations attended the daily
work order meetings conducted by the OSCs direct-
ing the extent-of-contamination assessment and the
decontamination/restoration operations. Members of
the Relocation Team regularly attended the weekly
"all-hands" meeting. These meetings provided an
opportunity for all staff to discuss problems as they
occurred and svggest solutions that could be imple-
mented quickly.
In addition, throughout the project, the OSCs for
relocation operations conducted daily early morning
meetings to report progress and troubleshoot any
problems. These meetings included U.S. EPA,
START/TAT, and key ERCS personnel involved in
administration of the relocation operations.
Numerous mechanisms were developed to facilitate
the administration of the relocation operation and
ensure the accessibility of information concerning
each household temporarily relocated during the LCP
Removal Project. In addition to the formal files
maintained for each household, U.S. EPA and
START/TAT personnel utilized the following tools
to record and update information concerning relo-
catees:
• Index card file, alphabetized, containing contact
information (e.g. home, work telephone numbers)
for each household. This file was kept near the
telephones.
• Wall charts detailing the relocation status of each
household. Large marker boards (3 feet by 4
feet) were procured. A tabular format was devel-
oped for recording basic information on relocation
status. Boards were erasable, permitting regular
updating of the information.
• A set of wall charts listing the progress of sched-
uling activities (access agreement, tentative reloca-
tion date, tentative date for mobilization of decon-
tamination crew). Color-coded markers were
used to record information.
The following telephone lists were developed and
posted at each telephone in the Temporary Reloca-
tion Office:
• Telephone list of hotels/motels used as replace-
ment housing.
• Telephone list of key contacts at local Department
of Human Services, Health Department, and
participating private organizations.
• Telephone list of on-site U.S. EPA, START/TAT,
ERCS, USCG, COE% and other on-site govern-
ment agency staff administering all aspects of the
LCP Removal Project at the command center.
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Case Study: The Lorain County Pesticide Removal f ro/ecr
5.7 Roles of Private Organizations Among the contributions and donations were the
following:
A number of private organizations in the . ^^can Red Cross - smoke detectors, cleaning
Lorain/Elyria area contributed goods and services to ^ personal hygiene kits.
the LCP Removal Project. Their involvement began
early in the project, as the scope of the cleanup • Catholic Services - baby mattresses.
became apparent to the community. . salvation Army - food baskets.
• School children - toys.
17
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ATTACHMENT 1
REPLACEMENT HOUSING STANDARDS
DECENT, SAFE, AND SANITARY STANDARDS
The term "decent, safe, and sanitary dwelling" means a dwelling which meets applicable housing and
occupancy codes. However, any of the following standards which are not met by an applicable code shall
apply unless waived for good cause by the Federal agency funding the project. The dwelling shall:
1) Be structurally sound, weathertight, and in good repair.
2) Contain a safe electrical wiring system adequate for lighting and other devices.
3) Contain a heating system capable of sustaining healthful temperature (of approximately 70 degrees
Fahrenheit) for a displaced person, except in those areas where local climatic conditions do not require
such a system.
4) Be adequate in size with respect to the number of rooms and area of living space needed to
accommodate the displaced person. There shall be a separate, well lighted and ventilated bathroom that
provides privacy to the user and contains a sink, bathtub or shower stall, and a toilet, all in good
working order and property connected to the appropriate sources of water and to a sewage drainage
system. In the case of a housekeeping dwelling, there shall be a kitchen area that contains a fully usable
sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate
space and utility service connections for a stove and a refrigerator,
5) Contain unobstructed egress to safe, open space at ground level. If the replacement dwelling unit is on
the second story or above, with access directly from or through a common corridor, the common
corridor must have at least two means of egress.
6) For a displaced person who is handicapped, be free of any barriers which would preclude reasonable
ingress, egress, or use of the dwelling by such displaced person.
SECTION 24.2(f) OF THE UNIFORM REGULATIONS AT CFR PART 24
18
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ATTACHMENT 1 (CONT.)
REPLACEMENT HOUSING STANDARDS
COMPARABLE REPLACEMENT HOUSING
The term "comparable replacement housing" means a dwelling which is:
1) Decent, safe, and sanitary;
2) Functionally equivalent to the displacement dwelling. The term "functionally equivalent" means that
it performs the same function, provides die same utility, and is capable of contributing to a
comparable style of living. While a comparable replacement dwelling need not possess every
feature of the displacement dwelling, the principal features must be present. Generally, functional
equivalency is an objective standard, reflecting the range of purposes for which the various physical
features of a dwelling may be used. However, in determining whether a replacement dwelling is
functionally equivalent to the displacement dwelling, the Agency may consider reasonable trade-offs
for specific features when the replacement unit is "equal to or better than" the displacement
dwelling;
3) Adequate in size to accommodate the occupants;
4) In an area not subject to unreasonable adverse environmental conditions;
5) In a location generally not less desirable than the location of the displaced person's dwelling with
respect to public utilities and commercial and public facilities, and reasonably accessible to the
person's place of employment;
6) On a site that is typical in size for residential development with normal site improvements, including
customary landscaping. The site need not include special improvements such as outbuildings,
swimming pools, or greenhouses;
7) Currently available to the displaced person on the private market. However, a comparable
replacement dwelling for a person receiving government housing assistance before displacement may
reflect similar government housing assistance; and
8) Within the financial means of the displaced person.
SECTION 24.2(d) OF THE UNIFORM REGULATIONS AT CFR PART 24
19
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Case Study: The Lora/n County ,°estic«de Removal Project
ATTACHMENT 2
APPLICATION FOR SUPERFUND TEMPORARY RELOCATION
ASSISTANCE
20
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APPLICATION FOR SUPERFUND TEMPOHAHY HCLUI_A . i
«;>;>..>. «.^i.
1. NAME OF APPLICANT/HEAD Of HOUSEHOLD ILftt. lint, till
3. APPLICATION NO.
3. DATE OF APPLICATION
*. TrPl OP RESIDENCE
D HOUSE
O APARTMENT
O MOBILE HOME
O OTHER
ft. SUPERFUND SITE
•. IS THIS APPLICANTS PRIMARY RESIDENCE?
DYES D NO Ifyti. utrifitdby: D EPA
DRIVERS LICENSE D OTHER.
7. ADDRESS OF AFFECTED RESIDENCE
S. OCCUPANCY BASIS
O OWNER
O RENTER
O RENT-FREE
B. NAME AND ADDRESS OF LANDLORD/OWNER (Far mtltr or ml-trtt*pf Itcmnl fault >
10. HOUSEHOLD INFORMATION
NAME OF PERSONS LIVING IN RELATION TO HEAD
DWELLING PRIOR TO INCIDENT OF HOUSEHOLD IIIOIII
SEX
ACE
NAME OF PERSONS LIVING IN
DWELLING PRIOR TO INCIDENT
RELATION TO HEAD
OF HOUMHOLDWOMI
sex
AOE
1. NUMBER TO BE HOUSED
12. REQUIRED NUMBER OF
BEDROOMS
13. SPECIAL HOUSING REQUIREMENTS
«. CURRENT LOCATION OF FAMILY
D WITH FRIENDS/ O IN AFFECTED O OTHER .
FAMILY RESIDENCE
IS. HAS APPLICANT O IDENTIFIED OR D SECURED AN EXISTING
RENTAL SOURCE? ,—, I—I
LJ YES tComfUlm lltmi It 4 IT) LJ NO
«. RESOURCE PRICE
I] PER WEEK *
PER MONTH »_
WITH UTILITIES
U WITHOUT UTILITIES
17. ADDRESS OF RESOURCE
NAME OF LANOLORD/OWNER/AGENT
TELEPHONE NUMBER
ADDRESS OF LANOLORO/OWNEn/AGENT
6. COMPLETE CURRENT ADDRESS
19. TELEPHONE NUMBER
ALTERNATE NUMBER
0. COMPLETE MAILING ADDRESS llatluot ilr to4tl
21. NAME OF EMPLOYER AND BUSINESS TELEPHONE NUMBER (for
contact purpoM* only/
22,DOES APPLICANT REQUIRE/REQUEST ASSISTANCE AT THIS TIME?
DNO
23. MAS APPLICANT RECEIVED ASSISTANCE FOR TEMPORARY RELOCATION FROM ANY OTHER SOURCE?.
O YES O NO III r««. fftlmln In no. If or en « mloin i*e*t of ommtr ond mllach to IMt lorn)
24. DOES APPLICANT HAVE INSURANCE COVERAGE FOR ADDITIONAL LIVING ALLOWANCE WHICH WOULD APPLY TO THIS INCIDFNTT
DYES D NO llt-rti. nrpbta In no. tSoronoololnatcfloffomtrondmltoeHlolliltform)
25.COMMENTS 111'
i »p«c« te iwcdcd. uie • ptolfi ihm€t of mmmcr mnd •Ifaeh ro tlilj form)
PRIVACY ACT NOTICE
The information requested, under authority of CERCLA (Public Law 96-510) will be used to make necessary airanfements concenmf
temporary relocation housine. The information may be disclosed to Federal. State, local and private agencies for use in providing relocation
iassisUnce and axsessini impact of such assistance or to the Environmental Protection Afency or the Department of Justice for use in legal
activity. Failure to provide any of the information miy result in delay or rejection of your application. It is voluntary on your part to
provide the requested information.
2G. INTERVIEWER'S SIGNATURE
27. APPLICANTS SIGNATURE
FOR OFFICE USE ONLY
I INELIGIBLE. REASONISI:
ELIGIBLE FOR:
i. D HOUSING D TRANSIENT D TEMPORARY
b. O FURNITURE
c. O UTILITY CONNECTION COSTS
a. D FOOD SUBSIDY
• D UTILITY SUBSIDY
I. D TRANSPORTATION OF HOUSEHOLD GOODS
a. D MISCELLANEOUS O KENNEL U LAUNDRY
h. D OTHER
SIGNATURE OF AUTHORIZED Gl'A . OFFICIAL
. TITLE
DATE
•71
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GENERAL INFORMATION
PURPOSE. This form it used to document applicant information needed to determine eligibility for and provide temporary relocation.
RESPONSIBILITY. Information will be obtained by a Relocation Specialist, either through a personal or telephone interview with the
applicant. Some information may be provided by the Environmental Protection Agency (EPA).
DISTRIBUTION. Following completion of this form, a Temporary Relocation Application Number will be assigned and form will be
distributed at follows:
Original • Applicant File
Copy No. 1 • Fiscal File
PRIVACY ACT STATEMENT. Explain the Privacy Act Statement prior to completing the form. If the applicant is present, he/she may
wish to read the statement prior to signing the form. ' >
INSTRUCTIONS
1. NAME OF APPLICANT/HEAD OF HOUSEHOLD. Enter complete name of the Head of Household (HOH). entering last name, fiat
name and middle initial
'2. APPLICATION NUMBER. This is assigned by the Relocation Office.
3.-5. Self-explanatory.
6. PRIMARY RESIDENCE. Check yes or no. II yes. check how verified. If no. contact Relocation Supervisor.
7. ADDRESS OF AFFECTED RESIDENCE. Enter house number, street name, apartment number, rural route or box number, if appli-
cable, and city, state and zip code.
8. OCCUPANCY BASIS. Self-explanatory.
9. NAME AND ADDRESS OF LANDLORD/OWNER. Complete this section if applicant is a renter or lived rent-free in affected residence,
10. HOUSEHOLD INFORMATION. Begin with the Head of Household (HOH) and Jist each individual who lived at the affected residence,
Indicate rcuuioranip to the HOH, sex and age. Indicate number to be housed: if this number is different from the names listed i
explain in comments. Indicate required number of bedrooms according to established policy. Indicate special housing requirements for
handicapped, etc..
11.—13. Self-explanatory.
14. CURRENT LOCATION OF FAMILY. Check appropriate answer. If other, explain; e.g., camper, motor home, etc.
IS.—17. Self-explanatory.
18. COMPLETE CURRENT ADDRESS. Indicate address of family at the time of application, which corresponds to Item 14. This infor-
mation is for contact purposes.
19. TELEPHONE NUMBER. Enter primary number(s) where applicant can be reached or message can be left.
20. COMPLETE MAILING ADDRESS. Enter address where mail will be certain to reach applicant. Include zip code.
21. NAME OF EMPLOYER AND BUSINESS TELEPHONE. For the purpose of contacting applicant. If applicant docs not wish to be eo«i
tacted at work, so indicate.
22. Self-explanatory. If no. explain in comments.
23.—24. These questions are being asked to assure that duplication of benefits will not occur.
25. COMMENTS. Provide any additional information that is relevant.
26. Self-explanatory.
27. APPLICANTS SIGNATURE. If information is obtained during a personal interview, ask applicant to review information and then
sign the form.
FOR OFFICE USE ONLY
Utilizing application information, the Temporary Relocation Coordinator or his/her H.ji
-------
Case Study: The Lorain County Pesticide Removal Project
ATTACHMENT 3
BENEFITS DETERMINATION FORM
LORAIN COUNTY PESTICIDE SITE
NAME:
S.S. #:
ADDRESS:
TOWN:
BENEFIT STARTING DATE:
ADULTS: CHILD:
CHECK AMOUNT: $
TIME PERIOD: FROM: TO:
23
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oiuuy. / ne i-orain Bounty resiicioe nemovai rrojeci
ATTACHMENT 4
NOTIFICATION LETTER
Date:
Name/ Address:
Re:
Dear:
As you may know, the U.S. Environmental Protection Agency (U.S. EPA) is decontaminating your
residence because it was contaminated by methyl parathion spraying. You and your family will need to be
temporarily relocated for about 4-6 weeks during the cleanup.
This letter is to inform you that your application for Superfund Temporary Relocation Assistance has been
reviewed and approved by U.S. EPA. As a result of this approval, U.S. EPA will provide the following
benefits for you and your family during your period of temporary relocation:
1. A daily allotment for food and incidental expenses. The daily allotment is based on the Federal Per
Diem rate for Lorain County, Ohio, wand will be calculated as follows:
HEAD OF HOUSEHOLD (HOH) $30.00 per day
ADULT OTHER THAN HOH $22.50 per day
CHILDREN AGE 12 AND UNDER $15.00 per day
• Please note that if similar or equivalent assistance is provided to you, U.S. EPA will not duplicate
such benefits. For example, you will not receive a daily allotment for days on which you were
provided with free meals due to your relocation.
2. Cost of temporary housing like hotels and motels arranged by U.S. EPA will be paid by U.S. EPA.
If you are making other arrangements, please contact us to obtain prior approval and a determination
as to allowance, if any.
• Please note that in order to be eligible for U.S. EPA temporary housing benefits, you must continue
your tenant or ownership status at your primary residence.
3. Costs for essential utilities (gas, water and electricity) at your primary residence during your
temporary relocation will be paid. In addition, U.S. EPA will be paying kennel fees for pets.
• Please be advised that you stiD need to pay your utilities during your temporary relocation. In
addition, yon must keep all receipts and submit claims and documentation to U.S. EPA for
reimbursement. U.S. EPA will assist you in completing the enclosed claim forms. All claims for
payment must be submitted within 18 months of your relocation date.
4. Cost of the monthly basic service charge for your home telephone will be paid. This does not
include local and long-distance phone calls.
24
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Case Study: The Lorain County Pesticide Removal Project
5. A one-time moving-out-of-residence allowance of $25.00 and a one-time moving back into residence
allowance of $25.00 will also be provided.
Temporary relocation benefits will begin on (date) and will terminate upon notice from U.S. EPA. If
you wish to appeal this determination or the amount of benefits received under this determination, you can
submit a written appeal to the following address within 60 days of receipt of this letter:
U.S. Army Corps of Engineers Relocation Specialist
c/o (Name of OSC for Relocation Operations)
(Address of U.S. EPA Command Post)
Please be advised that if U.S. EPA determines at a later date that you have received an inappropriate
amount or that the information upon which these amounts were based is incomplete, inadequate., or
incorrect, it may change its determination and could possibly seek a refund of money disbursed upon
notice.
If you have any questions concerning the above temporary relocation benefits, please contact (QSC for
Relocation Operations) at (telephone number. Temporary Relocation Office).
Sincerely,
U.S. EPA On-Scene Coordinator
Enclosures
25
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Case Sfudy: TTie Lorain County Pesticide Removal project
ATTACHMENT 5
INFORMATION PACKET
26
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Environmental Protection /< wcai uov^o^,. ~..—
Agency Chicago, Illinois 60604 Ohio, Wisconsin
FACT
SHEET
METHYL PARATHION
What is methyl parathion?
Methyl parathion is a man-made pesticide that is allowed to be used on open fields to control insects. It is
not meant to be used inside buildings.
Why is methyl parathion safe to use outside but not inside?
In the open air, sunlight and rain change methyl parathion into harmless by-products. The change does
not happen as quickly inside buildings.
How does methyl parathion affect my health?
Before any chemical can affect your health, it has to get into your body. You may be exposed to methyl
parathion by breathing, eating, drinking, or touching anything containing the chemical, or from skin
contact with it. Children, elderly persons, and people who have other illnesses are more likely to have
symptoms.
Methyl parathion may affect the central nervous system. It can cause dizziness, chest pains, vomiting,
nausea, tremors, blurred vision, blackouts, or difficulty in breathing.
Will every exposed person have symptoms?
No, not necessarily. When very small amounts of methyl parathion are in the home, or if you have very
limited direct contact with the methyl parathion, then you may not have symptoms.
Is there a test to tell if I have been exposed?
Yes. There is a urine test that can tell us if you have methyl parathion in your body. There is also a
blood test that measures the effects of methyl parathion in your body.
What should I do if I think my home has been sprayed with methyl parathion?
Call your city or county health department if you think your home has been sprayed with methyl
parathion. If you are having symptoms, also contact your physician.
I have some of the pesticide left by the exterminator. What should I do?
Don't use it. Call your local health department or U.S. EPA. We will pick it up and properly dispose of it
for you.
The information in this fact sheet is from the Toxicological Profile for Methyl Parathion, U.S. Department
of Health and Human Services, Public Health Service, Agency for Toxic Substances and Disease
Registry, TP-91-21. For more information, you may call:
Elyria City Health Department (216) 323-7595
Lorain City Health Department (216) 322-6367
U.S. Environmental Protection Agency (216) 323-7460
Lorain County Health Department (216) 322-6367
27
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Agency Chicago, Illinoir 60604 Ohio, Wisconsin
FACT
SHEET
LORAIN COUNTY PESTICIDE SITE
ITEMS YOU MAY CLEAN YOURSELF
• Clothes
• Electronics (stereos, radios, etc.)
CLOTHES
• Wash a few contaminated clothes at a time in a regular washing machine using liquid detergent.
• Do not overload machine.
• Use more detergent than recommended by the product label.
• Washing machine setting: hot water temperature; full water level; normal wash cycle (12
minutes).
• Rewash the contaminated clothing two or three times.
• Rinse machine thoroughly after laundering contaminated clothing. Swab down the inside of the
washer tub, run washer through a cycle with no detergent, or operate with detergent before the
washer is used to launder family clothing items.
Note: These cleanup recommendations do not apply to leather or rubber.
DO NOT DRY CLEAN CLOTHES. Dry cleaning is not recommended because you may end up
recontaminating your clothes through the dry cleaning process.
ELECTRONICS, COMPUTERS, ETC.
Wipe down the surfaces of these items with a concentrated Windex solution which can be found in
hardware stores.
ITEMS TO TAKE WITH YOU
U.S. EPA asks that you remove the following items from your home when you are temporarily
relocated.
Cars and other vehicles
Clothes
Computers
Electronics
Legal documents
Pets
Pictures
Plants
Other valuables
Please note that U.S. EPA will be disposing of all perishable food products, carpets, drapes, and
other window dressings.
FOR MORE INFORMATION
If you have any questions or concerns, please call the U.S. EPA command post at 284-0398 or
284-0346.
28
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CLIW II Ul III IBI licit riULCWUUM , , ...
Agency Chicago, Illinois 60604 Ohio, Wisconsin
FACT
SHEET
LORAIN COUNTY PESTICIDE SITE
WASHING OF METHYL PARATHION-CONTAMINATED CLOTHING
Your property has been decontaminated and meets all health criteria. However, you
should wash any clothing, towels, or bedding which may have been exposed to the
pesticide. This is especially important if these items were left in your home or apartment.
We have attempted to dean sofas and chairs, if possible; otherwise they were discarded.
DO NOT DRY CLEAN CLOTHING.
LEATHER ITEMS CANNOT BE DECONTAMINATED. PLACE LEATHER ITEMS IN
PLASTIC BAGS AND THROW IN THE TRASH. DO NOT GIVE LEATHER ITEMS
AWAY.
WASHABLE CLOTHING DIRECTIONS
Purchase any brand of heavy-duty laundry detergent.
1) Wash contaminated clothing, towels, or bedding items but separate from the rest of
the family laundry.
2) Fill the washer with warm water (full load cycle).
3) Add the recommended amount of detergent into this wash water. Do not use
additives, such as bleach or stain removers.
4) Add the clothing to be washed. Do not overload the washer.
5) Set the wash cycle for normal washing (12-minute wash).
6) Wash the clothing three times.
7) If the clothes remain yellow after three washings, throw them away in a plastic
bag.
8) Line drying of clothes is recommended, although machine drying is okay, too.
29
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GENERAL PACKING INSTRUCTIONS
If U.S. EPA is temporarily relocating you to a furnished apartment, you will need to pack up
your home in a special way. In addition, there are a number of personal items you will need
to bring with you to use in the apartment.
%
When you pack up your belongings, you must pack the items you won't need during the
cleanup for storage. Remember, once you pack these items and the cleanup begins, you
cannot get to them until the cleanup is finished. Once you close and seal your boxes, U.S.
EPA and its workers will not open them.
Items that you are going to need while you are in your temporary furnished apartment must
be packed differently. Place the items that you will need to take to the temporary apartment
(an example list is provided below) in boxes or bags and dearly mark them "APARTMENT.
All other boxes and bags should be marked "STORAGE". Please leave all pots, pans, plates,
glasses, Tupperware, and any other cooking, food storage or eating utensils unpacked.
These will be specially cleaned by U.S. EPA workers and packed in storage until you return
to your home.
You will remain in the apartment until the cleanup and restoration of your residence is
complete. During your stay in trie furnished apartment, we will provide you with a kitchen kit,
a comfort kit, and a cleaning kit.
SUGGESTED ITEMS FOR YOU TO BRING TO THE APARTMENT:
Bed linens (sheets, pillowcases, comforters, etc.)
Towels and wash cloths (kitchen and bathroom)
Toiletries (shampoo, soaps, makeup, hair dryers, etc.), and personal items ( hair and
toothbrushes, etc.)
Non-perishable foods (that you're sure are not contaminated with pesticide): flour, sugar,
spices, etc.
Clothing that you'll need for your stay
Microwave, can opener, or other small appliances
Electronic items (TV, clocks, computers, VCR, stereo, etc.)
Cleaning items (vacuum, dish soap, etc.)
Important medical and/or legal documents
Laundry supplies (clothes basket, soap, fabric softener)
Valuables, jewelry, sentimental items
Plants
ITEMS PROVIDED TO YOU IN YOUR FURNISHED APARTMENT:
Apartment: couch, love seat, coffee table, two end tables, two lamps; each bedroom
contains two queen-sized beds, two night stands, two lamps, and dresser;
bathroom shower curtain; kitchen stove, refrigerator, table, 4 kitchen chairs.
Cleaning kit: brooms, mop, sponges, paper towels, toilet paper, cleaning products.
Comfort kit: shampoo, soap, personal hygiene items.
Kitchen kit: plates, silverware, cups, cooking pots.
30
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GENERAL HOTEL RULES
'you are in a hotel or motel for your temporary relocation, you should be informed of some
policies that will make your hotel stay more comfortable. The U.S. Environmental
tion Agency (U.S. EPA) appreciates your cooperation throughout your temporary
tion period.
Please be courteous to all other guests in the hotel. No loud music or noise is allowed in
guest rooms or in public areas.
All children must be accompanied by an adult or guardian at all times. No running or
playing is permitted in the hallways or public areas.
You will be responsible for paying the hotel for all local and long-distance telephone calls.
There may be an additional charge to have the telephone turned on. in your room.
Incoming calls are free.
No pets or animals are allowed inside or outside of the hotel unless permission is given
from the hotel management.
Cooking or food preparation is not allowed inside hotel rooms. Hot plates, microwave
ovens, or other cooking devices are not permitted.
Please do not track mud or dirt into hotel rooms.
No extra furniture is allowed in hotel rooms unless you have obtained permission from the
hotel management.
Please observe all "No Smoking" signs in public areas, and do not smoke in non-smoking
rooms.
Housekeeping service is provided in most of the hotels; however, you are still responsible
for the general condition of your room. You must allow the housekeeping attendant to
enter the room daily to clean and to provide fresh linens.
Please leave wet towels and dirty bed linens in your hotel room. Do not place these items
in the hallway. The housekeeping service will pick up these items daily during their
rounds.
You are responsible for any damage that occurs in your room during your temporary
relocation, such as broken furniture and staining of carpets or linens. If the hotel charges
a replacement fee for these items, you will be responsible for paying it directly to the hotel.
Please put litter in appropriate trash containers. Trash cans are provided in the laundry
rooms, and dumpsters are located outside the building. If you have excess trash in your
room, leave it in the wastebasket in your room or take it to a dumpster. Do not leave it in
the hallway.
There is no cooking or food preparation allowed in the rooms. Hot plates or other cooking
devices are not permitted in the rooms. Before outdoor barbecue grilling, please check
with the hotel management to see if it is permitted.
Most of the hotels have swimming pools that may or may not have lifeguards in
attendance. Please observe the hotel rules for use of the pool. Also check at the main
desk of your hotel or motel to see if you need to pay a fee to use the pool or other
recreational facilities.
31
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GENERAL HOTEL RULES (CONT.)
• There may be an additional charge for any persons staying with you in your room who
were not members of your household on the date of your relocation. U.S. EPA will not pay
this extra charge.
• When your temporary relocation ends, you must check out of the hotel. On the day that
you leave, go to the main desk and inform the clerk that you are checking out. Give the
desk clerk the keys to all rooms used by you and your family.
• Please keep in mind that you are required to pay for any additional charges to your hotel
room (such as room service, video rentals or pay-per-view television events).
• The golf course at the Aqua Marine Hotel cannot be accessed by guests unless they have
paid the required fees of the hotel.
• U.S. EPA has hired a 24-hour security guard at some of the hotels. To reach the security
guard, please call the front desk of the hotel.
PLEASE NOTE: Any complaints that U.S. EPA receives from the hotel management about
any resident could result in eviction from the hotel. If you are asked to leave the hotel for
any reason, U.S. EPA will not provide you with another hotel and your relocation benefits
may be terminated. Anyone engaged in illegal activity will automatically be removed from
U.S. EPA's temporary relocation program.
I have read and agree to comply with the above general hotel rules.
Resident Signature Date:
Resident Signature Date:
32
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Case Sf jdy: The Lora/n County Pesticide Removal Project
ATTACHMENT 6
CONSENT TO REMOVE VEHICLES
Name:
Address:
Phone:
Number of
Vehicles:
Vehicle
Type:
Name of Vehicle Owner if different than above:
I agree to remove all vehicles from the above property before I leave the premises and the
U.S. EPA cleanup activities begin. I have been advised and understand that any vehicles
found on the premises which restrict cleanup activities will be removed by U.S. EPA.
I understand that U.S. EPA intends to store vehicles temporarily in a secure lot. Upon
completion of the cleanup, these vehicles will be returned to the above property.
Date Signature
33
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isooc oiuu/. 1110 L.IJI ail I OUUIIiy roouwuc i\omw»oi ny/cui
ATTACHMENT 7
ACCESS AGREEMENT
34
-------
Name:
Address:
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 5
77 WEST JACKSON BOULEVARD
CHICAGO, IL 60604-3590 ••?$
CONSENT FOR ENTRY AND ACCESS TO PROPERTY
Phone:
Address of Property for which consent to access is granted:
Relationship to property.
(i.e. owner, 5-year tenant, etc.)
I consent to officers, employees, and authorized representatives of the United States
Environmental Protection Agency (EPA) entering and having continued access to my property
for the following purposes:
1. air and wipe sampling;
2. decontamination of structures and furnishings contaminated by methyl parathion;
3. stabilization and disposal of contaminated furnishings and/or fixtures which remain
contaminated;
4. removal and disposal of carpets, baseboards, furnace filters and of drapes, blinds, and
other window dressings pursuant to health department recommendations;
5. removal and disposal of food products pursuant to health department recommendations;
6. installation of carpet, baseboards, and furnace filters;
7. painting of walls;
8. removal of contaminated soil, if necessary; and
9. such other actions as the EPA On-Scene Coordinator determines necessary to protect
human health or welfare or the environment.
35
-------
I realize that these actions by EPA are undertaken pursuant to its response authorities
under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
as amended (CERCLA), 41 U.S.C. § 9601 et seq.
I also realize that there may be loss of or damage to property during these actions. In
addition, I realize EPA will be using my utilities, including heat, water and electricity.
To the extent, if any, that EPA installs any item, I acknowledge that EPA makes no
representations about the quality, aesthetics, safety, use or character of such item or its
installation; and makes no warranties as to such item or its installation, including but not
limited to warranties of merchantability or fitness for purpose.
This written permission is given by me voluntarily with knowledge of my right to refuse and
without threats or promises of any kind.
I certify that this Consent for Entry and Access is entered into voluntarily and constitutes
an unconditional consent and grant of permission for access to the property by officers,
employees and authorized representatives of EPA at reasonable times.
Date Signature
36
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Case Study: The Lorain County Pesticide Removal Project
ATTACHMENT 8
LORAIN COUNTY PESTICIDE PROJECT
APPLICATION FOR SCHOOL BUS TRANSPORTATION
37
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LORAIN COUNTY PESTICIDE PROJECT
APPLICATION FOR SCHOOL BUS TRANSPORTATION
The U.S. EPA. through its contractors, provides school bus transportation for residents that are relocated in
homes and apartments while their homes are being cleaned and restored. There is no charge for this service.
If you would like to provide your own transportation for your children, U.S. EPA wHI reimburse you for miles
traveled at $0.30 per mile. Pre-approval for this program is required for U.S. EPA. Please contact (ERRS/
ERGS administrator) at (telephone) rf you are interested in this option.
To apply for U.S. EPA-provided bus service, please provide the following information by August 21, 1995:
NOTE: For U.S. EPA-provided school bus service, the Head-of-Household, or a designated alternate adult, must
deliver the child to the school bus and receive the child from the school bus each day. You will sign a sheet when
your child boards the bus and when your child departs from the bus.
Head of Household:
Residence Address:
Relocation Address:
Alternate:
Alternate:
Alternate:
Phone Numbers - Work:
Home:
Alternate:
Alternate:
Children to be transported:
1) Name:
School:
Date School Starts:
Time School Starts:
Special instructions for this child:
Age:
Time School Ends:
2) Name:
School:
Date School Starts:
Time School Starts:
Special instructions for this child:
Age:
Time School Ends:
38
-------
Case Study: The Lorain County Pesticide Hemovai
3) Name: Age:
School: __
Date School Starts:
Time School Starts: Time School Ends:
Special instructions for this child:
4) Name: Age:
School:
Date School Starts:
Time School Starts: . Time School Ends:
Special instructions for this child:
The transportation service provided includes a van, driver and a security guard.
I understand that the transportation provide is contingent upon good behavior by my child/children riding on the
bus and that my child/children must follow instructions from the van driver and/or security guard while using the
transportation service.
I further understand that if my child/children misbehave, or if there are difficulties with receiving the child from a
responsible adult or delivering the child to a responsible adult, this service will be terminated and I will be
responsible for school transportation for such child/children.
Head of Household Signature:
Name:
Date:
Witnessed:
39
-------
Case Study: The Lorain County Pesiicide Removal Project
ATTACHMENT 9
CHECK RECEIPT ACKNOWLEDGEMENT FORM
_, certify that I received a check (check # ),
in the amount of $ from the U.S. Environmental Protection Agency on
for food and incidental expenses for the time period from
to (date).
I further certify that this money will only be used for food and incidental expenses:
SIGNATURE: . DATE:
40
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Case Study: The Lora/n County Pesticide Removal Project
ATTACHMENT 10
RE-ENTRY NOTIFICATION LETTER
(Date)
(Resident Name, Address)
Re: Methyl parathion contamination at (address of residence)
Dear :
As you know, the U.S. Environmental Protection Agency (U.S. EPA) has been undertaking
decontamination of the methyl parathion at the above-mentioned address.
U.S. EPA has been notified by your City Health Department that, based on the latest
information regarding indoor air levels of methyl parathion, the home has met the cleanup
criteria to allow you to re-enter your home on (date) at (time: a.m./p.m.) . In addition,
U.S. EPA has completed restoration in your home, which may include the replacement of
carpet, furnace filters and baseboards, and repainting the walls.
If you have any questions, please contact (OSC for Relocation Operations) at
(telephone number at Temporary Relocation Office). Your time, patience, and cooperation
throughout this matter have been greatly appreciated.
Sincerely,
U.S. EPA On-Scene Coordinator
41
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Case Study: The Lorain County Pesticide Removal Pro/ect
ATTACHMENT 10 (CONT.)
BENEFITS TERMINATION NOTIFICATION LETTER
(Date)
(Resident Name)
(Resident Temporary Housing Address)
Re:
Dear
As you know, the U.S. Environmental Protection Agency (U.S. EPA) has been undertaking
decontamination of the methyl parathion in your home.
U.S. EPA has been notified by your City Health Department that based on the latest
information regarding indoor air levels of methyl parathion, your home has met the cleanup
criteria to allow you to re-enter your home. In addition, U.S. EPA has completed restoration
in your home which may include the replacement of carpet, furnace filters and baseboards,
and repainting the walls.
Throughout the cleanup and restoration process, U.S. EPA has provided certain assistance
benefits to you (and your family) while you have been temporarily relocated. Since you will
be able to re-enter your home in the near future, the benefits provided to you as part of the
Lorain County Pesticide Site will be stopped on (date) at (time) a.m./p.m. If you need
additional assistance to move back into your home, U.S. EPA can help you.
If you have any questions or need re-entry assistance, please contact (OSC for Relocation
Operations) at (telephone number at Office of Relocation Operations). Your time,
patience, and cooperation throughout this matter have been greatly appreciated.
Sincerely,
U.S. EPA On-Scene Coordinator
Enclosures
42
-------
Case Study: The Lorain County Pesticide Removal Project
ATTACHMENT 11
APPLICATION FOR UTILITY BILL REIMBURSEMENT
(Date)
Resident Name
Resident Address
Dear
During the cleanup of your residence, U.S. EPA used some of your utilities to conduct its
work. U.S. EPA would like to remind you that it will reimburse you only for the utilities listed
below. In order to do that, U.S. EPA will need you to send us your paid receipts (not copies)
for
• electric bills,
• natural gas bills,
• water bills, and
• basic telephone charge.
U.S. EPA will reimburse you from the first day you were relocated until the day you returned
to your residence. U.S. EPA must remind you that the process to reimburse you cannot
begin until it has all of your receipts and a signed claim form.
In order to speed up the process, enclosed you will find a claim form which you must sign
and return to U.S. EPA in the enclosed postage-marked envelope. You may also enclose
any receipts for your utility bills you have already collected. The U.S. EPA address is:
(U.S. EPA Command Post, LCP Removal Project)
Once U.S. EPA receives all of your receipts and your claim form is completed, it will process
your claim. Once your claim has been processed, your reimbursement check will be made
out to the Head-of-the-Household and will be mailed to your home. Please make sure that
the address you would like the check to be sent to is correct on the claim form. Once you
claim is approved, it will take approximately 6 to 8 weeks for you to receive your check. If
you have any questions or comments, please call U.S. EPA at (telephone number U.S. EPA
Command Post). Your cooperation and patience is greatly appreciated throughout this effort.
Sincerely,
On-Scene Coordinator
Enclosures
43
-------
SECTION I—TO BE COMPLETED BY AGENCY
AGENCY NAME AND ADDRESS (ImcM, ZIP C;l, ,
2. PROJECT NAME AND NO.
3. IDENTIFICATION NO.
iftrtti, :,ttt. tic.)
SECTION II—TO BE COMPLETED BY CLAIMANT(S)
NAME(S) OF CLAIMANT(S)
PRESENT MAIUNG AOORESSCES) OF CLAIMANT(S) «* Q (B) NO (If "NO" , far** «.
DWELLING
i. AGENCY
ACQUIRED
(Fnm wiirJ
r. REPLACEMENT
( 7« W«K*
7«v ni«»r^)
\ ur cinne i •«• OF
ADDRESS ny ••««« «"<»"« th« surudioioo of a«r Jwarnnent or ijcncy
>-m«lT and vjllfullr famnet ... or mike. MT fite. liniuoui or inuauienc Kacementi or rearewntaCKMS. or mi«l or uses iny JlUe •iitiaf or doeu-
— • —-— --•«—••• •—• •..r»fl . . . ul ui*»tn •ny nuc. runiuou> or irauouum* H*t^T»vnt« wi
-------
:*. METHOD OF PAYMENT (Chtct gitr I
a" 7 it t'-"" n lor «ri»W m,,,at ,rfiittt\
DA. I (We) have pud the movmg expenses ind/or movme. and storage expenses u ev.cencca bv the attached item.zed r«eipt(s) or bill(s)
mover ind/or storage company or other contractors, and I (we) therefore request reimourscment.
r—, B t (We) have not paid the movme exsertses and/or moving and storage expenses, and ! (we) therefore request that the attached itemized m
LJ storage bill(s) be paid directly to the mover and/or storage companv or other contractors, in accoraance wan arrangements made in advance, in
(our) consent, between the agency and the mover ind/or storage company or other contractors.
C I (We) hereby request and authorize the movmg and/or movmg and storage expenses, to be incurred bv me (us) be paid directlytothe m*
f-1 storage company or other contractors, m accordance with the arrangements made at this time, and with mv (our) consent, between the agen
'—' mover and/or storage company or other contractors.
15. STATEMENT OF CLAIM FOR STORAGE COSTS (CtmfUi, ,«ii ,1 >",.*» f'f'J <"" "•"' " " >"" '""">
ISA. TYPE OF CLAIM (Cirri ««r)
ISB. NAME AND ADDRESS OF STORAGE COMPANY (Inelmd, ZIP
1 1
ISC STORAGE
PERIOD
ISO. STORAGE
COSTS
1 1
L (1) TOTAL PERIOD (Mil. )
(1) MONTHLY RATE
^ 9
(2) PERIOD IS
P"] ACTUAL
I 1 ESTIMATED
(2) TOTAL COSTS ACTUALLY INCURRED
s
(3) DATE PROP-
ERTY WAS
MOVED
$
^ TO STORAGE FROM STORAGI
MOUSLY
""" '" """"""
15E. OCSCRIPTtON OF PROPERTY STORED
IS. Names and addresses of household
members moved to separate re-
placement dwellings (Camalrit tmij
it j«* bm cbtckti liim )(B1 **••*)
16A.
168.
16C.
160.
16E.
16F.
IN COMPLIANCE WITH THE PRIVACY ACT OF 1974, the following information ,s provided: Public Law 91-646,
of the mformiHon on this form for the purposes of determining eligibility and entitlement of :he claimant for relocation
made of the information except for audit use to ensure compUar.ce with the l»w. Disclosure ot the ..mormauon .5 voluntir>
quired to obtain benefits.
INSTRUCTIONS. This claim form a for the use of famil.es ind individuals in applying for pavment of mov'"S
. informl,
•
com
ex
ations o
steps
you may
your
placing agency.
TO APPLY FOR A FIXED PAYMENT: Complete items 4 through 8, 9A and 11.
TO APPLY FOR A PAYMENT OF ACTUAL EXPENSES: Complete items 4 through 8, 9B, 10, 11. 14. and if apphcable. items 15 and 16.
A claim for actual expenses must be supported by receipts, vouchers, or similar evidence, attached hereto.
ALLOWABLE MOVING EXPENSES
1. Transportation of individuals, families, and personal property from the
acquired site to trie replacement site, not to exceed a distance of 50
miles, except where the displacing agency determines that relocation
beyond this 50-mile area is lustified.
2. Packing and unpacking, crating and uncrating of personal property.
3. Storage of personal property for a period generally not to exceed twelve
months when determined necessary by displacing agency.
4. Insurance premiums for loss to and damage of personal property.
S. Property lost, stolen, or damaged (not caused by the fault or negligence
of the displaced person, nis agent or employees), m the process of mov-
ing, where insurance to cover such loss or damage is not available.
6. Necessary charges for the removal and hookup of appliances, equipment
and other items, not acquired as real property.
MOVING AND RELATED EXPENSES
NONAUOWABLE MOVING EXPENSES
1. Additional expense mcurred because of livmg m t new
2. Cost of movmg structures or other improvements in which the
person reserved ownership.
3. Improvements to the replacement site, except when required b>
4. Interest on loans to cover moving expenses.
5. Personal iniury.
6. Cost of prepanng the claim for moving and related expenses.
7.-Payment for search cost in connection with locating a re
dwelling.
-------
ATTACHMENT 12
AGREEMENT FORM FOR COMPENSATION OF
DAMAGED/DESTROYED PERSONAL PROPERTY
Agreement made this day of , 19 . by and between
and the United States Environmental Protection Agency, hereinafter, the "EPA."
WHEREAS, the EPA (bund that an imminent and substantial endangerment to public health, welfare or
the environment was posed by the presence of methyl parathion at the Lorain County Pesticide Site
located in the cities of Lorain and Elyria in Lorain County, Ohio,
WHEREAS, the EPA is conducting a removal action at this Site under Section 104 of the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), 42 U.S.C. 9601-
WHEREAS, the Signatory owns the personal property listed in Appendix A,
WHEREAS, the personal property of the Signatory was contaminated with methyl parathion at the Site,
WHEREAS, EPA was not able to restore contaminated personal property listed in Appendix A due to
the nature or extent of contamination or the type of property contaminated,
EPA will provide the Signatory with an equitable cash settlement as set forth in Appendix A. EPA will
facilitate a payment to the Signatory, through the United States Treasury, in the amount set forth in
Appendix A.
The Signatory has read and hereby acknowledges an understanding of all rights and claims, if any as
set forth in Section 112 of the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), 42 U.S.C. 9612.
The Signatory agrees that this Agreement represents full payment for the personal property listed in
Appendix A, and the Signatory hereby releases EPA from claims under any and all federal, state or
local law, including common law, of any and all claims and benefits to which they may be entitled with
regard to any loss of their personal property identified in Appendix A.
This agreement can be amended for the following reasons:
A) Personal property owned by the Signatory at the residence not listed in Appendix A is found to
be contaminated;
B) Continued response actions result in loss or damage to personal property not listed in Appendix
A.
Resident
Signature Date Title
On-Scene Coordinator
Signature Date Title
46
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Case Sfudy: The Lorain County Pesticide Removal Project
LORAIN COUNTY PESTICIDE SITE
DAMAGED/DESTROYED PROPERTY
Name:
S.S. #:
Address:
Amount:
OSC Signature Date
DPO Signature Date
Forms for Reimbursement for Damaged/Destroyed or Contaminated Personal Property
attached.
47
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Case Study. The Lorain County Pesticide Removal Project
ATTACHMENT 13
LIST OF ACRONYMS
ATSDR Agency for Toxic Substances and Disease Registry
CDC Centers for Disease Control and Prevention
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act
CFR Code of Federal Regulations
CIC Community Involvement Coordinator (U.S. EPA)
COE U.S. Army Corps of Engineers
CWA Clean Water Act
DOT Department of Transportation
DPO Deputy Project Officer (U.S. EPA)
EMA Emergency Management Agency
EO Executive Order
ERB Emergency Response Branch
ERCS Emergency Response Cleanup Services
HOH Head of Household
HQ EPA Headquarters, United States Environmental Protection Agency
LCHD Lorain County Health Department
LCP Lorain County Pesticide
NCP National Oil and Hazardous Substances Pollution Contingency Plan
NIOSH National Institute of Occupational Safety and Health
ODA Ohio Department of Agriculture
ODPH Ohio Department of Public Health
OEPA Ohio Environmental Protection Agency
OGC Office of General Counsel (U.S. EPA)
OPA Oil Pollution Act of 1990
ORC Office of Regional Counsel (U.S. EPA)
OSC On-Scene Coordinator (U.S. EPA)
OSWER Office of Solid Waste and Emergency Response
START Superfund Technical Assessment and Response Team
TAT Technical Assistance Team
URA Uniform Relocation Assistance and Real Property Acquisition Policies Act
USCG United States Coast Guard
U.S. EPA United States Environmental Protection Agency
48
-------
-------
\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
g WASHINGTON, D.C 20460
T
OFFICE Of
SOLID WASTE AND EMERGENCY RESPONSE
OSWER 9285.7-27A
MEMORANDUM
SUBJECT: Cleanup of Methyl Parathion-Contaminated Businesses
FROM: Timothy Fields, Jr.
Acting Assistant Administrator
TO: Superfund National Policy Managers
Regions 1 through 10
Signed by Tim Fields on August 14, 1997
PURPOSE:
The purpose of this memorandum is to provide guidance for
Regions in making response decisions regarding businesses
contaminated with methyl parathion.
DEFINITICNS:
For the purposes of this guidance the term "business"
includes commercial establishments such as restaurants, stores,
hotels and motels, as well as for profit or non-profit service
establishments such as day care facilities, nursing homes,
religious and other meeting facilities, hospitals and clinics.
It does not include in-home businesses, such as in-home day care
providers, nor does it include residential rental properties,
which will be addressed seperately.
BACKGROUNp:
In a May 16, 1997, memorandum (OSWER, 9285.7-27), EPA/OSWER
provided guidance to ensure that EPA Regions apply consistent
criteria in determining the appropriate response action,
including when to relocate residents from homes contaminated by
'Y <\ PRINTED o« RECYCLED/
v". .1' RECYCLABLE PAPER
-------
the misapplication of methyl parathion. Per the guidance, in the
absence of site-specific correlations between environmental
levels of methyl parathion and human urine levels, these urine
levels should become the key determinant for Fund-lead response
action.
DISCUSS TOff;
Generally, EPA should not clean up methyl parathion-
contaminated businesses because it is unlikely that there will be
a continuing exposure to persons at businesses sufficient to
trigger action levels under the urine protocol. However,
exceptions may be made if there is a continuing residential-type
exposure scenario where the urine protocol is applicable, and the
business clearly demonstrates an inability to pay for _he
cleanup.
The local health authority has primary responsibility for
public health intervention at methyl parathion-contaminated
businesses. At a business that has a residential population,
such as a nursing home, or otherwise presents a residential-type
exposure scenario, such as a day care center or hospital, EPA may
apply the urine protocol. Questions about whether the urine
protocol is applicable in a particular setting should be referred
to the Methyl Parathion Health Sciences Steering Committee.
Business owners have primary responsibility for cleanup of
methyl parathion-contaminated businesses. If a business meets
the urine protocol criteria, pund-leaci assistance should be
provided to only those businesses that have utilized their own
and insurance resources to the extent possible, thus clearly
demonstrating an inability to pay for the cost of cleanup.
cc: Regional Counsel, Regions 1 through 10
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C 20460
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
OSWER 9285.7-27A
MEMORANDUM
SUBJECT: Cleanup of Methyl Parathion-Contaminated Businesses
FROM: Timothy Fields, Jr.
Acting Assistant Administrator
TO: Superfund National Policy Managers
Regions 1 through 10
Signed by Tim Fields on August 14, 1997
PURPOSE:
The purpose of this memorandum is to provide guidance for
Regions in making response decisions regarding businesses
contaminated with methyl parathion.
DEFINITIONS:
For che purposes of this guidance the term "business"
includes commercial establishments such as restaurants, stores,
hotels and motels, as well as for profit or non-profit service
establishments such as day care facilities, nursing homes,
religious and other meeting facilities, hospitals and clinics.
It does not include in-home businesses, such as in-home day care
providers, nor does it include residential rental properties,
which will be addressed seperately.
BACKGROlTyp:
In a May 16, 1997, memorandum (OSWER, 9285.7-27), EPA/OSWER
provided guidance to ensure that EPA Regions apply consistent
criteria in determining che appropriate response action,
including when to relocate residents from homes contaminated by
PRINTED ON RECYCLED/
RECYCLABLE PAPER
-------
- 2 -
the misapplication of methyl parathion. Per the guidance, in the
absence of site-specific correlations between environmental
levels of methyl parathion and human urine levels, these urine
levels should become the key determinant for Fund-lead response
action.
DISCUSSION:
Generally, EPA should not clean up methyl parathion-
contaminated businesses because it is unlikely that there will be
a continuing exposure to persons at businesses sufficient to
trigger action levels under the urine protocol. However,
exceptions may be made if there is a continuing residential-type
exposure scenario where the urine protocol is applicable, and the
business clearly demonstrates an inability to pay for _he
cleanup.
The local health authority has primary responsibility for
public health intervention at methyl parathion-contaminated
businesses. At a business that has a residential population,
such as a nursing home, or otherwise presents a residential-type
exposure scenario, such as a day care center or hospital, EPA may
apply the urine protocol. Questions about whether the urine
protocol is applicable in a particular setting should be referred
to the Methyl Parathion Health Sciences Steering Committee.
Business owners ha'.'e primary responsibility for cleanup of
methyl parathion-contaminated businesses. If a business meets
the urine protocol criteria, ^und-leaci assistance should be
provided to only those businesses that have utilized their own
and insurance resources to the extent possible, thus clearly
demonstrating an inability to pay for the cost of cleanup.
cc.- Regional Counsel, Regions 1 through 10
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C 20460
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
OSWER 9285.7-27A
SUBJECT: Cleanup of Methyl Parathion-Contaminated Businesses
FROM: Timothy Fields, Jr.
Acting Assistant Administrator
TO: Superfund National Policy Managers
Regions 1 through 10
Signed by Tim Fields on August 14, 1997
PURPOSE :
The purpose of this memorandum is to provide guidance for
Regions in making response decisions regarding businesses
contaminated with methyl parathion.
DEFINITIONS:
For the purposes of this guidance the term "business"
includes commercial establishments such as restaurants, stores,
hotels and motels, as well as for profit or non-profit service
establishments such as day care facilities, nursing homes,
religious and other meeting facilities, hospitals and clinics.
It does not include in-home businesses, such as in-home day care
providers, nor does it include residential rental properties,
which will be addressed seperately.
BACKGROUND :
In a May 16, 1997, memorandum (OSWER, 9285.7-27), EPA/OSWER
provided guidance to ensure that EPA Regions apply consistent
criteria in determining che appropriate response action,
including when to relocate residents from homes contaminated by
PRINTED ON RECYCLED/
RECYCLABLE PAPER
-------
the misapplication of methyl parathion. Per the guidance, in the
absence of site-specific correlations between environmental
levels of methyl parathion and human urine levels, these urine
levels should become the key determinant for Fund-lead response
action.
DISCUSS]; QM-
Generally, EPA should not clean up methyl parathion-
contaminated businesses because it is unlikely that there will be
a continuing exposure to persons at businesses sufficient to
trigger action levels under the urine protocol. However,
exceptions may be made if there is a continuing residential-type
exposure scenario where the urine protocol is applicable, and the
business clearly demonstrates an inability to pay for ^he
cleanup.
The local health authority has primary responsibility for
public health intervention at methyl parathion-contaminated
businesses. At a business that has a residential population,
such as a nursing home, or otherwise presents a residential-type
exposure scenario, such as a day care center or hospital, EPA may
apply the urine protocol. Questions about whether the urine
protocol is applicable in a particular setting should be referred
to the Methyl Parathion Health Sciences Steering Committee.
Business owners have primary responsibility for cleanup of
methyl parathion-contaminated businesses. If a business meets
the urine protocol criteria, ^nnd-leaa assistance should be
provided to only those businesses that have utilized their own
and insurance resources to the extent possible, thus clearly
demonstrating an inability to pay for the cost of cleanup.
cc: Regional Counsel, Regions 1 through 10
-------
\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
1 WASHINGTON, D.C. 20460
'/
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
OSWER 9285.7-27A
MEMORANDUM
SUBJECT: Cleanup of Methyl Parathion-Contaminated Businesses
PROM: Timothy Fields, Jr.
Acting Assistant Administrator
TO: Superfund National Policy Managers
Regions I throug-h 10
Signed by Tim Fields on August 14, 1997
PURPOSE:
The purpose of this memorandum is to provide guidance for
Regions in making response decisions regarding businesses
contaminated with methyl parathion.
DEFINITICNS:
For che purposes of this guidance the term "business"
includes commercial establishments such as restaurants, stores,
hotels and motels, as well as for profit or non-profit service
establishments such as day care facilities, nursing homes,
religious and other meeting facilities, hospitals and clinics.
It does not include in-home businesses, such as in-home day care
providers, nor does it include residential rental properties,
which will be addressed seperately.
BACKGROUND:
In a May 16, 1997, memorandum (OSWER, 9285.7-27), EPA/OSWER
provided guidance to ensure that EPA Regions apply consistent
criteria in determining che appropriate response action,
including when to relocate residents from homes contaminated by
PRINTED ON RECYCLED/
PAPER
-------
the misapplication of methyl parathion. Per the guidance, in the
absence of site-specific correlations between environmental
levels of methyl parathion and human urine levels, these urine
levels should become the key determinant for Fund-lead response
action.
DISCUSSION:
Generally, EPA should not clean up methyl parathion-
contaminated businesses because it is unlikely that there will be
a continuing exposure to persons at businesses sufficient to
trigger action levels under the urine protocol. However,
exceptions may be made if there is a continuing residential-type
exposure scenario where the urine protocol is applicable, and-the
business clearly demonstrates an inability to pay for ~he
cleanup.
The local haalth authority has primary responsibility for
public health intervention at methyl parathion-contaminated
businesses. At a business that has a residential population,
such as a nursing home, or otherwise presents a residential-type
exposure scenario, such as a day care center or hospital, EPA may
apply the urine protocol. Questions about whether the urine
protocol is applicable in a particular setting should be referred
to the Methyl Parathion Health Sciences Steering Committee.
Business owners have primary responsibility for cleanup of
methyl parathion-contaminated businesses. If a business meets
the urine protocol criteria, ^und-l^ac. assistance should be
provided to only those businesses that have utilized their own
and insurance resources to the extent possible, thus clearly
demonstrating an inability to pay for the cost of cleanup.
cc: Regional Counsel, Regions 1 through 10
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Interim Guidance On Maximizing Insurers' Com . - Page 1 of 9
OFFICE OF ENFORCEMENT AND COMPLIANCE ASSURANCE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
Disclaimer
August 1, 1997
MEMORANDUM
SUBJECT: Interim Guidance On Maximizing Insurers'
Contributions To Responses At Residences Contaminated With
Methyl Parathion
FROM: Barry Breen, Director, Office of Site Remediation
Enforcement /S/
TO: Addressees
PURPOSE:
The purpose of this document is to provide guidance to EPA
Regions on maximizing contributions from property owners'
insurers, in the form of payments on oolicy claims and/or response
work, to reduce EPA's costs for temporary relocation of
homeowners and for decontamination and restoration of
residences contaminated by methyl parathion.
This strategy is designed to primarily address owners of
contaminated residences, so Regions will need to make
appropriate adjustments when responding to owners of
contaminated businesses and landlords and tenants in
contaminated apartment buildings. (See August 1997 OSWER
Directives entitled "Cleanup of Rental Residences Contaminated by
Methyl Parathion" and "Cleanup of Methyl Parathion-Contaminated
Businesses.")
BACKGROUND
Since 1994 there has been an emerging pattern involving the illegal
diversion of restricted-use pesticides from agricultural use to
inappropriate use in homes and businesses. Methyl parathion was
4/20/98
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Interim Guidance On Maximizing Insurers' Cont... Page 3 ol 9
The Region should request that the property owner sign an
assignment form. Under this form, the owner should agree to:
assign insurance proceeds to EPA to cover EPA's costs; assign to
EPA the right to pursue claims under me insurance policy; sign the
notice letter; and provide to EPA a copy of the insurance policy and
related correspondence. See Attachment 2.
Regions should not condition response work on the owner's
agreement to file a claim, assign policy rights to EPA, and/or
reimburse EPA from insurance proceeds paid. Therefore, Regions
should proceed to do relocation, decc-' ,...ir.. tion and/or
restoration work regardless of the owner's willingness to cooperate
with EPA on insurance matters.
STEP THREE: NEGOTIATE WITH INSURERS TO EXPEDITE
CONTRIBUTION
Regions, in conjunction with the Department of Justice, should
contact the insurers to promote coverage and/or work under the
applicable policies, and should request that the insurers promptly
negotiate with the Region and/or policy holders.
This memorandum, and any internal office procedures adopted for
its implementation, are intended solely as guidance for employees
of the U.S. Environmental Protection Agency. This does not
constitute a rulemaking and may not be relied upon to create a right
or a benefit, substantive or procedural, enforceable at law or in
equity, by any person. The Agency may take action at variance with
this memorandum or its internal implementing procedures.
If you have any questions concerning this guidance, please call
Jack Winder (EPA/OECA/OSRE) at 202-564-4292.
Attachments
Addressees:
Tim Fields, Acting Assistant Administrator for Solid Waste and
Emergency Response
Lois Schiffer, Assistant Attorney General, DOJ
Steve Luftig, Director, Office of Emergency and Remedial
Response
4/20/98
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Interim Guidance On Maximizing Insurers' Cont... Page 4 of 9
Director, Office of Site Remedic'.ion and Restoration, Region I
Director, Emergency and Remedial Response Division, Region II
Directors, Hazardous Waste Management Division, Regions III, IX
Director, Waste Management Division, Region IV
Directors, Superfund Division, Regions V, VI, VII
Assistant Regional Administrator, Office of Ecosystems Protection
and Remediation, Region VIII
Director, Environmental Cleanup Office, Region X
Regional Counsel, Regions I-X
Lisa Friedman, OGC
John Cruden, DOJ
Bruce Gelber, DOJ
ORC Superfund Branch Chiefs
Superfund Program Branch Chiefs
ATTACHMENT 1
Model Notification Letter
Insurance Co.
(address)
Attn: Claims Department
4/20/98
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Interim Guidance On Maximizing Insureis'Co.,t... ' Page 5 of 9
Dear Sir or Ma J,am:
Re: Policy Number
This letter notifies you of a claim under my (homeowners) (renters)
(CGL) insurance policy based on the presence of a hazardous
substance, methyl parathion, at my property at (address). The U. S.
Environmental Protection Agency (EPA) has determined that the
presence of methyl parathion at my property may pose an
imminent and substantial endangerment to the public health,
welfare or the environment.
EPA is carrying out an emergency removal action at my property.
EPA's removal action involves the cleanup and restoration of my
property, and the provision of temporary relocation assistance to
residential occupants of my property. Accordingly, I have assigned
my rights under the above-referenced policy to EPA to the extent of
coverage available for cleanup and restoration of my property and
for temporary relocation of the residential occupants of my
property. Please direct copies of any correspondence concerning
this claim to:
Chief, Cost Recovery Section
EPA Region 6
1445 Ross Avenue
Dallas, Texas 75202
Thank you.
Sincerely,
(name) (Insured)
4/20/98
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Interim Guidance On Maximizing Insurers' Com . Page 6 of 9
ATTACHMENT 2
Model Assignment Form
ASSIGNMENT OF INSURANCE CLAIM
This Assignment of Insurance Claim ("Assignment") is made the
day of
1997, by
("Insured").
WHEREAS:
The U.S. Environmental Protection Agency (EPA) found that an
imminent and substantial endangerment to the public health,
welfare or the environment was posed by the presence of Methyl
Parathion at Insured's property;
Under the authority of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), EPA is
providing for the cleanup and restoration of Insured's property, and
for temporary relocation of the residential occupants of Insured's
property;
Regulations that are relevant to the provision of relocation
assistance during EPA's cleanup action (44 CFR § 220.4) provide
that any insured applicant for relocation benefits shall agree to
repay the cost of relocation assistance to the extent of any
insurance proceeds available therefor; and
Insured has an insurance policy (the "Policy") with
insurance company (Policy
Number: ), including any declarations thereto, which
may entitle Insured to coverage for the expenses of cleanup,
restoration and/or relocation;
NOW, THEREFORE, in consideration of the cleanup, restoration,
and temporary relocation of the residents of Insured's property,
Insured assigns the Policy to EPA, under the following terms and
conditions:
4/20/9 8
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Interim Guidance On Maximizing Insurers' Cor'... ' Page 7 ot 9
1. Insured assigns to EPA all rights Insured has under the Policy,
including the right to make demand upon the Insurer and to pursue
any remedies, legal and otherwise, under the Policy, to the extent
of coverage available for cleanup and restoration of the Insured's
property and for temporary relocation of the residential occupants
of the Insured's property.
2. This assignment shall be limited to the amount spent by EPA for
cleanup and restoration of Insured's property and for relocation
assistance to residential occupants of Insured's property.
3. Insured authorizes the above-named insurance company, and its
successors and assigns, to make payments due EPA under the
Policy.
4. Insured agrees to provide to EPA a copy of the Policy and copies
of any other correspondence with that insurance company relating
to claims arising from the presence of methyl parathion at Insured's
property.
5. Insured agrees to cooperate with EPA in EPA's attempt to
pursue any insurance claim assigned to EPA pursuant to this
Assignment. This cooperation includes signing a letter to be
provided by EPA for the purpose of notifying the insurance
company of a claim under the Policy. This cooperation also
includes signing any other documents necessary or useful to
accomplish this Assignment or collect any benefits in connection
with it.
Thus done, read and signed by the appearers in the presence of
the undersigned competent witnesses, all of whom signed after a
reading of the instrument on the date first above written.
WITNESSES:
ASSIGNOR
ENVIRONMENTAL PROTECTION AGENCY
4/20/98
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Interim Guidance On Maximizing Insurers' Com.. Page 8 ot" 9
BY: GREG E. FIFE
Cn-Scene Coordinator
STATE OF LOUISIANA
PARISH OF ORLEANS
BEFORE ME, the undersigned Notary, this day personally came
and appeared , who
first being by me duly sworn, did depose and say that he/she was
one of the subscribing witnesses to the foregoing instrument; that
the instrument was signed by
as his/her own free
act and deed, for the uses and purposes therein set forth, in the
presence of Appearer and the other subscribing witness.
In witness whereof the said Appearer has signed these presents
before me in the presence of the undersigned competent witnesses
on the day of _^ , 1997.
WITNESSES:
NOTARY
ACKNOWLEDGMENT
STATE OF LOUISIANA
PARISH OF ORLEANS
BEFORE ME, the undersigned Notary, this day personally came
and appeared , who
first being by me duly sworn, did depose and say that he/she was
one of the subscribing witnesses to the foregoing instrument; that
the instrument was signed by GREG E. FIFE, EPA On-Scene
Coordinator, as his own free act and deed, for the uses and
4/20/98
-------
Interim Guidance On Maximizing Insurers' Cont...
purposes therein set forth, in the presence of Appearer and the
other subscribing witness.
In witness whereof the said Appearer has signed these presents
before me in the presence of the undersigned competent witnesses
on the day of , 1997.
Page 9 of 9
WITNESSES:
NOTARY
Feedback OECAHcn>e " EnviroSenSe EPA Home
Last Updated: February 9. 1998
URL: undefined
4/20/9S
-------
^^»^J •
5
O
Residents' Guide to
Temporary Relocation
Methyl Parathion Removal Project
United States Environmental
Protection Agency
Region 6
October 1997
-------
IMPORTANT REMINDERS
Intentionally applying Methyl Par-
athion, or any other pesticide, in order
to obtain relocation-related benefits is a
crime punishable by a Tine and/or im-
prisonment.
Making any false statements to the government in order to
obtain relocation benefits is a crime punishable by a fine
and/or imprisonment.
REMEMBER:
METHYL
PARATHION IS DEADLY!
Contents
Section I'agc
1. Background 4
2. Purpose of this Guide 5
3. Preparation for Temporary Relocation 6
Where will I he relocated if my home is
decontaminated?
When will I need to move1'
I low do 1 move to my temporary housing?
How long will I be away from my home?
What should I do with my belongings
it'I am temporarily relocated?
What should I take with me to my temporary housing?
What items should I leave in my home?
Are there some items that I should not leave in my home?
What about my rent, mortgage, and utility payments?
Are there items that I can decontaminate before
I remove them from my home?
What should I do about my pels and house plants?
What should I do with food items?
Can I leave my car or other vehicles on my property if I am
temporarily relocated?
What about my eligibility for AI'DC benefits?
What about delivery of mail during my temporary relocation?
Will school transportation be provided'.'
What about security while my home is vacant?
-------
The Decontamination Process
14
How does U.S. EPA determine which
homes need to be decontaminated?
How will I know that decontamination has begun at my home?
What happens to my belongings during the decontamination?
What does the decontamination process involve?
How do the workers know that they have
removed the contamination?
Will U S I7.PA be able to decontaminate everything in my home?
C'an I go inside my home while it is being decontaminated?
What if I need something from the belongings left in my home?
5. Temporary Relocation Benefits 13
Whnt temporary benefits are available to me,
;md how do I apply for them?
I low will my temporary relocation benefits be paid?
Which of my relocation expenses will be covered?
Which of my expenses will not be covered?
What are my responsibilities while I am
receiving this assistance?
6. Options for Temporary Housing 21
What types of housing is U.S KPA using I'or
temporary relocations?
Who pays lor my temporary housing?
What should I know if I am relocated to a hotel or motel?
What should I know if I am relocated to an apartment?
Will every exposed person have symptoms?
No, not necessarily. When very small amounts of
Methyl Parathion are in the home, if you have veiy
limited direct contact with the Methyl Parathion, or
contact with levels that will not cause health elllvts, then
you may not have symptoms.
Is there a test to tell if I have been exposed?
Yes. There is a urine test that can tell us if you have been exposed to
or have come into contact with Methyl Parathion. There is also a blood
test that measures the effects of Methyl Parathion in your body. I hese tests
will be conducted by state deparalment of health.
What should I do if I think my home has been
sprayed with Methyl Parathion?
Contact the state agriculture department if you think \otii home has
been sprayed with Methyl Parathion.
What should I do if I am having syrnptc us of Methyl
Parathion exposure?
If \ou are having symptoms possibly related to Methyl I'tiralhion
, contact your physicitin.
\ have some of the pesticide left by
the exterminator. What should I da?
DON'T USE IT. Call the state agriculture depart-
ment or U.S. I-PA at I-XUO-533-35U8. We will pick H
up and properly dispose of it for you.
The information in this section is from the Toxicological holilc foi
Methyl Parathion, U.S. Department of Health and Human Senii.es. Public
Health Service, Agency for Toxic Substances and Disease Keuisiis. I P-
91-21.
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8 INFORMATION ABOUT METHYL
PARATHION
I his section of the Residents' (iuide provides detailed infornation
about Mclli>l Paralhion, the pesticide that was used in the homes that are
being decontaminated by U.S. HPA during the Methyl Parathion Removal
Pmjcct.
What is Methyl Parathion?
Melh>l Paralluon is a man-made pesticide that is allowed to be used
on open fields to control insects. It is not meant to be used inside buildings.
Why is Methyl Parathion safe to use outside but
not inside?
In the open air, sunlight, rain, and micro-organisms change Methyl
Paialliioii into harmless by-piodiicls. The change does not happen as quickly
inside buildings.
How does Methyl Parathion affect my health?
Before any chemical can affect youi
health, it has to get into your body. You may be
exposed to Methyl Parathion by breathing, eat-
ing, drinking, or touching anything containing
the chemical, or from skin contact with it. Chil-
dren, elderly persons, pregnant women, and
, people who have other illnesses are more likely
to have symptoms.
Methyl Parathion may affect the central
nervous system. It can cause dizziness, chest
pains, vomiting, nausea, tremors, blurred vision, blackouts, difficulty in
breathing, or DEATH.
What should I know about leaving my temporary housing?
What if I am asked to leave my temporary housing?
7. Returning to Your Home 26
How will I know when I can return to my home?
Will my home look different after the decontamination'.'
Will paint fumes or odors be present when I move-
back into my home
I low do I apply for money to replace items that could not be
decontaminated?
Will U.S. U'A reimburse me lor .all items that
could not be decontaminated?
<^:»n I use clothes, towels, and bedding that
I left behind in my home?
What can I do to control pests in my home?
8. Information about Methyl Parathion
30
What is Methyl Paralhion?
Why is Methyl Parathion sale to use outside but not inside1'
How does Methyl Parathion affect my health''
Will every exposed person have symptoms?
Is there a test to tell if I have been exposed?
What should I do if I think my home has been
sprayed with Methyl Parathion?
What should I do if I am having symptoms of
Methyl Parathion exposure
I have some of the pesticide left by the exterminator.
What should I do?
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1 BACKGROUND
Methyl Parathion, a commonly used agricultural pesticide, has been
misused inside several homes in the area. Methyl Parathion can only be
sately used on crops outside where the elements and microbes in the soil
break the poison down into safe chemicals. When misused inside homes,
the Methyl Parathion does not breakdown and remains toxic. It can cause
several adverse health effects.
The initial wipe sampling that identified the contaminated residen-
tial properties in your community was conducted by the slate agriculture
department. Analytical results from this sampling are being used to deter-
mine ifdccontamination is necessary and the schedule for decontamination.
Decontamination of affected residences is underway. As contamination is
identified in additional residential properties, representatives from U.S.
I.PA and other federal agencies are contacting the owners and occupants
lo obtain access to the properties that require decontamination.
I he decontamination activities are being performed by employees and aii-
tliori/ed representatives of U.S. F.PA assisted by agents, contractors, and
subcontractors of the U.S. l-,PA. Many other government agencies and so-
cial service organi/ations are also involved.
the laundering instructions proviaeu HI ^ccuuii.,, . .-, <,...._. ,
Relocation,"to decontaminate all fabric items that you left in jour home.
Any fabric items that remain contaminated after this laundering pro-
cess should be thrown out. Please note that if you do choose to llirou items
away after your home has been decontaminated, U.S. I PA cannot reim-
/ burse you for the loss of these items.
What can I do to control pests in my
home?
Pesticides are poisons thai have been designed to kill pcsls Pesticides
are not the only way to solve pest problems in your home, lumcvci Be-
cause many pesticides can cause health problems in humans, particulai l\ in
children, you should consider using the following non-to\ic measures, ratlin
than sprays and pesticide "bombs," to control pests in your home
Remember that pests survive and thrive in a home only il ihe\ have
access to food, water, and shelter. Before you use a spray or call .in extermi-
nator, ask yourself these basic questions. How did the pests gei inside1'
What do they eat? Where do they hide? Common sense housekeeping mea-
sures can help lo solve pest problems in your home. I hese measures nun
include:
•b Stopping pcsls port of entry with caulk/cement;
4* Storing food in scaled containers;
4- Repairing leaky faucets and broken screens, and
•£ Vacuuming thoroughly and regularly the areas u heic pests li\ e and Iced
For More Information Contac
U.S. EPA at 1-800-533-3508
-------
Will paint fumes or odors be present when I move
back into my home?
Yes I'aint dimes and odors will be present for several days. How-
ever, the liiincs usually are no! harmful to human health.
How do I apply for money to replace items that
could not be decontaminated?
Beloie you return to your home, a member ofthe U.S. II PA will meet
uith you to discuss lum to apply lor reimbursement to replace items that
could not be decontaminated.
I he decontamination cresv makes a list of all items that required dis-
posal because of contamination. This list is given to the U.S. UPA. Using
photogiaphs and videotapes of your belongings, an independent certified
appiaisci dclciminesa fair value for the items that need to be replaced. The
assessment is then presented to you for your approval. If you agree with this
appraisal, you \»;ll sign off on the assessment. The U.S. UPA On-Scene
( 'ooidmalor (OS<.') will issue you a check for the appraised value.
Will U.S. EPA reimburse me for all items that
could not be decontaminated?
No. Items that U.S. HPA can not reimburse you for include, but are
not limited to, the following:
V Any household items that were found to be broken at the time that the
decontamination crew entered your home; and
V Items of clothing
Can I use clothes, towels, and bedding that I left
behind in my home?
labile ilL-ms ill.H you left in your home dining your temporary reloca-
tion were not decontaminated during the decontamination process. Items
that aie contaminated may have yellow stains on them or a distinct smell
Do not di> clean contaminated clothes or other fabric items. They may
become recontaminated through the dry cleaning process. Instead, follow
2 PURPOSE OF THIS GUIDE
U.S. HPA has prepared this Residents' Guide to Temporary Reloca-
tion to answer some basic questions about the assistance you may lequire
if you may be temporarily relocated because your home svas sprayed with
Methyl Parathion and is being decontaminated by U.S. KPA. The purpose
of this guide is to answer questions about the who, what, where, when, and
how ofthe temporary relocation process.
The Residents' Guide provides a general description of and informa-
tion about the work in your community and the temporary relocation process
but does not create rights or benefits or contain promises or guarantees by
u.s. I-:PA.
IMPORTANT NOTICE
Intentionally applying Methyl Parathion, ur any
other pesticide, in order to obtain relocation-re-
lated benefits is a crime punishable by a fine and/
or imprisonment.
Making any false statements to the government
in order to obtain relocation benefits is a crime
punishable by a fine and/or imprisonment.
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3 PREPARATION FOR TEMPORARY
RELOCATION
In the event that you are relocated, this section of the Residents' Guide
tells you what you will need to do to get ready for the time that you will be
away from your home.
Where will I be relocated while my home is being
decontaminated?
U.S. c PA has made arrangements, through the federal agency respon-
sible for temporary relocations for this project, with several hotels, motels,
and apartment complexes which are being used as temporary housing for
families during the decontamination of the homes. For more information,
sec Section 6, "Options for Temporary Housing."
When will I need to move?
If you need to move, the state public health department will provide
you with a letter indicating how soon you should move. A federal relocation
representative will contact you.
How do I move to my temporary housing?
You will move members of your household and your belongings with
your personal vehicle or that of a family member or friend. If you cannot
obtain transportation, contact your federal relocation representative.
How long will I be away from my home?
You may be away from your home for about si <. to eight
weeks, which is the amount of lime it takes to decontaminate
each home. If your home was sprayed in many areas, or if
workers must decontaminate many areas, the decontamina-
tion of your home could take longer.
You will be able to return to your home when: I) U S. KPA's sampling
results show that the decontamination process has reduced the pesticide in
your home to levels that are acceptable, 2) the state public health de-
and if needed. Walls and ceilings are then sealed and painted as necessary. In
addition, some of the items that you left in your home could not he decon-
taminated. These items will have been disposed of. The U.S. P.PA will Iry to
keep you informed about the changes that you can expect in your home, and
about any personal items that had to be disposed of.
When you meet with the federal relocation agency representative. >ou
will sign an access agreement. You will agree to a mimbei of decontamina-
tion and restoration actions, including the following:
• Stabilization and disposal of contami-
nated furnishings and or fixtures which
remain contaminated;
Removal and disposal of carpels and
rugs, baseboards, furnace (liters, and
drapes, blinds, and other window dress-
ings, as recommended by health
experts;
• Installation of carpet, baseboards, and
furnace fillers; and
• Painting of walls.
U.S. P.PAalso will advise you that loss of property or damage to pi op-
erty might occur during the decontamination of your home. Remember that
any item that you lose as a result of the decontamination \vill be disposed of
because it was contaminated with (he pesticide. Removing as many of the
contaminated surfaces and contaminated items as possible is the only uay to
make your home safe for your family to live in Pic-cxislmg damage cannot
be repaired. Improvements can not be made at U S. I PA cost
-------
7 RETURNING TO YOUR HOME
I Ins section o| the Residents' Guide tells you what will happen when
youi tcmpoiai) iclocation ends, and also tells you how to apply tor money
to leplaee items that could not he decontaminated.
How will I know when I can return to my home?
U.S. KPA will contact you to keep you informed
about the progress of the decontamination and restora-
tion activities at your home. As soon as the restoration
woik has been completed and approved by represen-
latives of U.S. KPA, U S. KPA will deliver a letter
Idling \iiii dial your house has been decontaminated and when you are
expected lo leave your temporary housing. The letter will also tell you Ihe
dale that youi leloealion benefits will end, including payment ol temporary
housing costs A member of the U.S. KPA will contact you to arrange a date
and lime loi you lo return to your home.
Yni ,ilso will receive a letter from the state public health department
mloiming you that your house has been successfully decontaminated and
does not pose a health risk lo you and your family.
PLEASE DO NOT DESTROY OR MISPLACE THESE LETTERS
FROM EPA AND THE STATE PUBLIC HEALTH DEPARTMENT.
KEEP THEM IN A SAFE PLACE. In the future, if you want to sell your
house 01 obtain a loan, these letters can show proof that your house has
been decontaminated.
Will my home look different after the
decontamination?
Yes In mcisl homes, llic areas thai were sprayed heavily with the
pesticide can not be effectively decontaminated. These areas may include
floors, portions of walls, and kitchen cabinets or cupboards. As part of the
decontamination, these areas are restored. In the restoration stage, workers
may install new uallboards, new floor coverings, and new cabinets, when
partment has declared your home safe, 3) the restoration is complete, and -4)
you receive written notice that decontamination of your home has been
completed.
What should I do with my belongings during my
temporary relocation?
First make a list of all your belongings. Keep this
list with you, along with all of the papers that involve
your relocation. The list will provide a record of your
belongings. For its own records, U.S. KPA is also pho-
tographing and videotaping each room of your home at
the beginning of the decontamination. Next, you will
need to decide which items lo lake with you, which
items to leave in your home, and whether to store some
items at another location while you arc away from your
home.
What should I take with me to my temporary
housing?
In general, you should take with you all
of the items that you will need for normal
day-to-day living during the six to eight weeks
that you will be living in your temporary hous-
ing, plus any personal papers that you might need to refer to, including
papers and forms relaled to your temporary relocation. Items to bring in-
clude the following:
• Clothes and accessories: casual, work, night, spoil;
• Personal care items and toiletries: health and beauty aids, hair dryer,
medications, sewing kit;
• Emergency and safety items: spare keys, first aid kit, flashlight in case
of power failures;
-------
• Personal papers and items related to per-
sonal business: insurance, automobile,
finance, address book, checkbook, telephone
numbers, medical and legal documents, sta-
tionery, postage stamps; and
• All valuables, including special items such as photo albums, pictures.
If your temporary housing is an apartment you will need to bring the
items listed above, plus additional items for use in the apartment during your
temporary relocation. Follow the laundry procedures on pages 10 and 11 to
decontaminate all cloth items. If you bring kitchen utensils, such as plates,
glasses, pots and pans, wash them in a dishwasher three times or hand wash
them in hot water with concentrated detergent. Do not try to wash plastics
or wood, such as Tupperware®, fruiter containers, spooi. v, or spatulas.
Dispose of these items,
Section 6, "Options for Temporary Housing" tells you how to pack the
items (hat you take to apartment housing. The additional items to bring to
apartment housing include:
• Hed linens (sheets, pillow cases, blankets);
• Towels and wash cloths (kitchen and bathroom);
• Non-perishable foods that were not at your home when
it was sprayed (such as flour, sugar, spices, canned goods).
Do not leave perishable food items in your refrigerator.
HI'A canni >t be responsible for damage caused by spoiled /,
foods; fl
• Antique furniture, antiques, furniture, and collectibles.
FJ'A cannot be responsible for antiques and collectibles.
• Small kitchen appliances that you use frequently (for example, micro-
wave oven, can opener, blender);
lulling and cooking utensils (dishes, glasses, silverware, pots and pans).
DO NOT TAKE ANY PLASTIC WARE.
Reasons for terminating relocation ii^isumv-.. n.vn.u~ -
ited to, the following:
•fr Failure to take due care of your temporary housing:
+ Failure to comply with hotel or motel rules or with the term of your
lease, if you are lodged in an apartment;
+ Failure to pay charges for which you are liable,
+ Misrepresentation or fraud;
+ Change of primary residences;
4- Criminal activities;
•}• When your primary residence is ready for occupancy,
+ Failure to pay rent or mortgage payments at your primary residence.
•4- Failure to vacate your primary residence after being pm\ ided leloca-
tion assistance; and
+ If the lease at your primary residence is terminated.
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What should I know if I am relocated to an apartment?
II U S I.I'A is temporarily relocating you to an apartment, you will
need to hi ing a number of household items with you to use in die apartment
in addition to personal items such as clothing. A list of these household
ilcms is piovided on page 7 in Section 3, "Preparing for Temporary Relo-
cation."
What should I know about leaving my temporary
housing?
U.S r.l'A and the stale public health dc-
parlmenl will notify you when your
iclocalion benellts arc terminated. See
Section 7 foi moie inlbimalion about
moving hack lo your home.
II yom temporary housing is in a hotel or w' motel, you .ire ex-
pected to leave bv 11 a.m. ol the date that your temporary relocation ends.
When jou leave the hotel or motel, you must check out by going to the
mam desk and informing the clerk that you are checking out. At that time,
>ou will have lo pay all bills for services other than the cost of your room.
As you leave, give the desk clerk the keys to all rooms used by you and
mcmbeis of your family.
Ij you da inn leave your temporary housing by the time indicated on
your notice from U.S. EPA, you will be responsible for charges for the
oilililiiinol lime tliat you remain.
What if I am asked to leave my temporary housing?
If the manager of your temporary housing determines that you or other
members of your household are not following the policies of that housing,
>ou may be asked to leave.
If >ou are asked to leave the temporary housing that U.S. EPA arranged
for you as a result of breaking rules, regulations, etc., YOU WILL NOT
be moved a second time. Your relocation assistance may be termi-
nated, and you may have lo find and pay for temporary housing on your
own.
• Electronic items (television, radio, stereo, clock);
• Cleaning items (vacuum cleaner, dish soap);
• Laundry supplies (clothes basket, soap, fabric softener); and
• I louse plants.
What Items should I leave in my home?
Items that were not sprayed with the pesticide should be packed in
boxes. Items of clothing in dresser draws should be removed.
The following items may have been contaminated with
the pesticide spray, and should be left unpacked in your
home:
• Large items such as furniture and appliances;
• Curtains, drapes, blinds, and other window
dressings;
• Rugs (hat may have come in contact with sprayed
areas;
• All children's toys; and
• Infant and child items: cribs, baby mattresses, high chairs, strollers,
play pens, car seats, bottles, baby formula.
You should be aware that some of these items may have absorbed the
pesticide and cannot be properly decontaminated. These items will be dis-
posed of (see Section 4, "The Decontamination Process.")
there some items that I should not leave in
my home?
Yes. Any valuable items which could be stolen should not be left in
your home during your temporary relocation. These include items such as
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jewelry, cameras, and computers or other electronic equipment. U.S. EPA
advises you to ask friends or relatives to store valuable items for you during
your temporary relocation.
Also, because hotel rooms and apartments provide limited storage space
you may want to find temporary storage for other items during the time that
you Nvill be relocated, such as items you will need to have access to (for
example, suitcases, certain spoils equipment, hobby supplies, car mainte-
nance items, tools, out-of-season clothing, electric blanket). Before you
remove these items from your home, follow the procedures on page 10 and
11 to decontaminate them.
What about my rent, mortgage, and utility
payments?
You will have to continue to pay the rent or make
the mortgage payments on your home during your tem-
porary relocation, even though you will not be living there.
Continue to pay your telephone bills while you are aNvay
from your home il you Nvish to maintain telephone ser-
vice at your home when y on return from your relocation.
Also, continue to pay your utility bills.
Are there items that I can decontaminate before
I remove them from my home?
Yes Hlectronic equipme'nt (such as stereos or radios) and fabric items
(clothes, linens, towels) can be decontaminated to
ensure that you do not take contaminated items to j^^^ I j
\otirtemporaryhousing. ^SBBSTV T*\
If you have electronic equipment that was in
an area of your home that was sprayed with the
pesticide, you may decontaminate it with a mild bleach f
solution or a concentrated solution of Windc\(K) window ' '*-'•'•
cleaner. (I lardware stores sell this cleaner in the concentrated form.) Place a
small amount of the bleach solution or cleaner on a cloth and wipe down the
surfaces of the equipment to decontaminate it.
4 Housekeeping service is provided in most ol the hotels; However, you
are still responsible for the general condition of your room. You must
allow the housekeeping attendant to enter the room daily to clean and
to provide fresh linens.
4 Please leave wet towels and dirty bed linens in your hotel room. Do
not place these items in the hallway. 1 he hotel housekeeping service
will pick up these items daily.
4 Please put litter in appropriate trash containers hash cans aie pro-
vided in the laundry rooms, and dunipslers aie located outside the
building. If you have excess trash in your room, leave it in the waste-
basket in your room or take it to a dumpster Do not lea\e il in the
hallway.
Most of the hotels have swimming pools that may or ma\ not have
lifeguards in attendance. Please observe (he hold rules loi use ofihe pool
Also check at the main desk of your hotel or motel to sec il \ou need to pa\
a fee to use the pool or other recreational facilities.
You are responsible for any damage that occurs in NOIII loom dining
your temporary relocation, such as broken furniture and staining ol cat pels
or linens. If the hotel charges a replacement fee for these items. 3011 \sill be
responsible for paying it directly to the hotel.
You may be charged for any persons staying with >ou in som room
who were not members of your household on the dale ol NOIII lelocation
U S. I:PA will not pay this extra charge.
In addition, your hotel or motel may have other rules or iei|iinemenls
for its guests. You are expected to comply with these Miles dunng NOIII
temporary relocation.
Keep in mind that U.S. ILPA is paying for \our housing costs onl> You
are expected to pay any additional charges thai \ou make to \otii hotel/
motel room, such as charges for telephone calls, room scmcc i>i othci
food, beverages, video rentals, or pay-per-view television piogtams
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Who pays for my temporary housing?
II you aic iclocated to a hotel, motel, or apartment under arrange-
mcnls that aic made by t J S I:PA and/or the federal relocation agency, the
housing costs aie paid by II S I1PA. Ifyou choose to rent your own tempo-
lary housing, 1) S I.I'A may also pay the rent on this housing. You are
icminded, however, that you miixl obtain the approval of your federal
relimitiini representative before you make any rental housing commit-
ments.
What should I know if I am relocated to a hotel or
motel?
II yon are housed in a hotel or motel for your temporary relocation,
you should be informed of some general policies that apply to your resi-
dence. I hese policies are listed below.
+ IMcase be com Icons to the other guests in the hotel. No loud music or
noise is allowed in guest rooms or in public areas.
* Please observe all "No Smoking" signs in public areas, and do not
smoke in non-smoking rooms.
* All cluldicn must be accompanied by an adult or guardian at all times.
No running or playing is permitted in the hallways or public areas.
* You are responsible for paying the hotel for all local and long dis-
tance telephone calls. There may be an additional charge to have the
te! phone turned on in your room. Incoming calls are free.
* No pets or animals are allowed inside the building or outside of the
hotel unless permission is given from the hotel management.
^ Cooking or food preparation is not allowed inside hotel rooms. Mot
plates, nuciowave ovens, or other cooking devices are not permitted.
^ Please do not track mud or dirt into hotel rooms.
* Noexlia furniture is allowed in hotel rooms unless you have obtained
permission from the hotel management.
Clothes and other fabric items that have been exposed to the pesticide-
spray may show yellow streaks. Do not dry clean these items. They may
become re-contaminated through the dry cleaning process. Follow the laun-
dering instructions on the next page to decontaminate clothes and other
fabric items:
I. Do not wash contaminated items with uncontaminated items.
2. Wash a few contaminated clothes at a time in an ordinary washing ma-
chine. Do not overload the machine.
3. Use a heavy-duty liquid detergent, and use more detergent than the
product label recommends. Do not use additives such as bleach.
4. Fill the washing machine with warm water for the fabric that you ate
washing.
5. Set the washing machine for "lull load" cycle.
6. Set the wash cycle for normal washing (12 minutes).
7. Re-wash the contaminated clothing two or three times.
8. Line dry the clothing after washing, if possible, although you may ma-
chine dry them if you prefer.
If fabric items remain contaminated after three washings (yellow streaks or
spots remain), U.S. EPA recommends that you throw them away in plastic
bags.
Clothing items made of leather or rubber (such as jackets, shoes, boots
that were sprayed with the pesticide) cannot be decontaminated because
these materials tend to absorb the pesticide. You should place these items in
plastic bags, label them "TRASI I" or "GARBAGE", and leave them in your
home. The decontamination crew will dispose of them for you. Please note,
however that if you do throw out these items, U.S. EPA will not reim-
burse you for your loss.
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What should I do about my pets and house
plants?
Pets (for instance, dogs, cats, tropical
fish) and house plants cannot remain in your
home while it is being decontaminated. You
will need to make arrangements for your pets
and house plants. Speak with your neighbors, friends, or
relatives, who may be able to care for your pets or plants during your tem-
porary relocation. If this option is not available to you, your relocation agency
representative will help you to arrange to place your pets (except fish) in a
kennel. This cost will be included in your relocation benefits.
What should I do with food items?
Leave in your home any food that may
have been in your kitchen cupboards or cabinets
at (he time that your home was sprayed with the
pesticide. These items could include canned food
or boxed foods (for example, cereals, cake mix,
rice, spaghetti, spices). These items ii,.._, !/o con-
taminated, and U.S. EPA workers will dispose
of (hem for you.
Also, before you leave your home be sure to empty all garbage and
trash containers and refrigerators.
Can I leave my car or other vehicles on my
property while I am away?
No. During the decontamination of
your home, U.S. EPA workers will
need work space outside your home
lo set up trailers and equipment.
Parking spaec will be available at your tem-
porary housing. You should make arrangements to move all vehicles from
your properly dm ing your temporary relocation.
6 OPTIONS FOR TEIVI Kuwait T
This section of the Residents' Guide tells you about the types ol hous-
ing that may be available if you are temporarily relocated and what your
responsibilities are if you live there.
What types of housing is U.S. EPA using for
temporary relocations?
You may choose to stay with relatives or friends for the period of
your temporary relocation. If you do not have this option, a fedeial reloca-
tion agency representative will place you in a hotel, motel, apartment or
other housing facility that is available at the time of your temporar, leloca-
tion. Arrangements have been made with several hotels, motels, and
apartments throughout Louisiana for the tempoiary relocation of residents
affected by the pesticide contamination of their homes.
A member of the federal leloealion
agency will meet will) you lo discuss any spe-
cial needs you may have in an effoil lo
determine the most suitable housing for \ou
and your family. Some factors that u ill be con-
sidered are whether your household includes
small children, elderly peisons, or pels I 01
example, if you are placed in a hole! 01 mold,
and your household includes small children or persons requiring special
medications, you may request the use of a small refrigeraloi dining MUM
temporary relocation.
As another option you may try on your own to liiul lenlal housing
that will be available for the six to eight weeks of your Icmpoiai) iclocalion
However, you nuisl have U S. LPA's approval belbie >ou anange lo
rent housing in order to be reimbursed by I,PA
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What are my responsibilities while I am
receiving this assistance?
Dining the lime that you are receiving Temporary Relocation Ben-
el its .UK! Assistance foi .Supcrfund Sites your responsibilities include,
but aie noi limited lo, the following.
* Helping U.S HPA to determine the types ol assistance that you and
the other members of your household will require by providing the
mform.ition thai i.s requested at the time that you are interviewed by
a ledeial relocation representative,
* Inlomnng your ledeial relocation representative about any special
needs (loi example, arrangements for pels and medical problems or
disabilities of members ol youi household);
* Complying with the rules ol the housing
(hotel, motel, 01 apartment) where
you .ne slaying until you re-
hiii) lo youi home;
* Complying with the terms
ol youi leimbiirsemenl
agi cement;
* Making airangemcnts on your own for transportation to work, to
the post office, and to medical or other appointments;
^ Taking due care of your temporary residence;
* Leaving your temporary residence when you are notified that your
home is ready for you to live in again; and
* Keeping youi federal relocation representative notified of where
you can be leached at all limes.
When you meet with U.S. EPA representatives to dis-
cuss the decontamination of your home you will be given a
form to sign which states that you will agree to move
all vehicles from your property before leaving your
home and before the U.S. LPA decontamination
begins. You will be advised that any vehicles found
on the property which would restrict decontamina-
tion activities will be removed from your property by
U.S. Ll'A. Any vehicles that are removed from your
property will be stored in a secure lot until the decontami-
nation of your home has been completed.
What about my eligibility for AFDC benefits?
Aid to families with Dependent Children (AFDC) benefits will con-
tinue during the relocation.
What about delivery of mail during my temporary
relocation?
'l
The post office will still be able to deliver mail to
your home. If you are currently receiving forms of as-
sistance such as AI-TX', it is extremely important that
you do not change the address at which you receive
your mail and that you pick up your mail on a regular
basis.
Will school transportation be provided?
No. You are responsible for providing your children with transporta-
tion to and from school.
What about security while my home is vacant?
During your temporary relocation, U.S. UPA will have security guards pa-
trolling your property. I lowever, U.S. EPA will not be liable for items taken
from your property after working hours.
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4 THE DECONTAMINATION PROCESS
This section of the Residents' Guide tells you what will happen in-
side your home while you are away.
How does U.S. EPA determine which homes need
to be decontaminated?
The state agriculture department collected wipe samples in all homes
that are known to have been sprayed with the pesticide. Laboratory results
of these samples show the level of contamination in each home. U.S. EPA
and several health agencies have determined the degree of hazard that is
piesented by various levels of contamination. If the levels in your home are
very high and meet the relocation requirements, U.S. EPA will relocate
you and your family and decontaminate your home as soon as possible.
How will I know that decontamination has begun
at my home?
U.S. UPA will have several crews performing the work that is neces-
sary to decontaminate your home. Workers will bring trucks and equipment
lo your property and set up outside your home. A security guard will be on
duty after working hours (sec page 13 - What About Security While My
Home is Vacant).
What happens to my belongings during the
decontamination?
Before the workers begin the decontamination of your home, they
will videotape each room and photograph the items that you left in your
home. 1 he videos and photos provide U.S. liPA with a record of the items
that were present, and the condition of those items, at the time that the
decontamination workers entered your home to prepare it for the decon-
tamination process.
Workers will then collect the boxes and bags in which you packed
your belongings and lock them in a storage van or a storage box. U.S. LPA
is maintaining a secure parking lot for the vans.
Which of my relocation
iu»o*»»».,. ~~
Temporary relocation benefits are not intended to cover all of the
expenses or losses associated with the contamination thai was found in
your home. In general, you will be paid or reimbursed for reasonable costs
associated with your relocation as determined by bPA.
Which of my expenses will NOTbe covered?
U.S. KPA will NOT pay your rent, mortgage, or the utilities on youi
home during your temporary relocation (see Section 3, "Preparing I'orTem-
porary Relocation ") These payments are not considered to be addituni.il
costs caused by >our relocation, even though you will not be living in yum
home.
Other expenses lor which you will NOT be reimbuised include, but
ure not limited to.
G Expenses U.S. EPA has not approved;
O Damage caused by pets;
O Damage which you, your family, or youi guests cause to youi tempo-
rary housing, its furniture, or recreation equipment;
O The cost of temporary housing beyond the date on which your tempo-
rary relocation period ends;
G Hxpenses related to accidents, injuries, or illnesses that you m.iy expe-
rience during your temporary relocation period,
G Charges lo your room if you are housed in a Imtcl 01 motel (such ,is
room service or other food, beverages, long distance telephone ch.nges,
video rentals, pay-per-view television programs, damages to the hotel.
etc.);
O Expenses lor searching for temporary housing; and
G Duplicate benefits - benefits previously covered
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5 TEMPORARY RELOCATION BENEFITS
You will have some additional expenses it you are temporarily relo-
cated 'fins section of the Residents' Guide tells you which ol these expenses
will be [laid by U.S. HPA as temporary benefits, which expenses will be
reimbursed, and which expenses you will be responsible lor paying. Any
benefits thai you receive if you are temporarily relocated are called Tem-
porary Relocation Benefits and Assistance for Superfund Sites. The
following is a general description of the types of assistance that are avail-
able
What temporary benefits are available to me, and
how do I apply for them?
U.S I-.I'A is pioviding temporary benefits to persons who are being
lempoi.iiily it-located during the decontamination of their homes. The U.S.
I'.PA will deteimme who is eligible to receive these benefits.
Bcliuc you are iclocated, a federal relocation representative will help you
till out the necessary forms to apply for your relocation assistance. Al-
though the amount will vary according to individual needs, the assistance
includes lempoiary housing during I he period of tune that the U.S. RPA
and the stale public health department has determined that you must be
relocated.
How will my temporary relocation benefits be
paid?
Cll.rlM CVMVkwrlWt
«M •» VX «,,
OracnhMtefC |
I - * . l» W
Your lempoiary relocation benefits
will he in the form of a U.S. Treasury
check, made out lo the person who has
been designated as the head of your house-
hold. Checks are generally m an amount
to cover a two-week period. You can ex-
pect to icceive your first check
approximately one week alter your arrival
in your temporary housing. Subsequent checks will be delivered every two
weeks, or as determined by your federal relocation agency.
What does the decontamination process involve?
Workers who are trained and experienced in hazardous materials de-
contamination will be performing the decontamination of your home.
Because the workers who enter your home will come in close contact with
the pesticide, they will wear special suits and breathing equipment to pro-
tect them as Ihey work.
First, the workers spray a decontamination solution onto surfaces in
your home (Hours, ceilings, walls, counters, cabinets). They will pay spe-
cial attention to areas where the pesticide was most likely to have been
applied. Workers scrub these areas with the decontamination solution us-
ing brushes. Then they rinse all surfaces with water. Upholstered furniture,
such as couches and arm chairs probably cannot be decontamianted and
may require disposal. Throughout the decontamination process a room tem-
perature of about 72 degrees or higher is maintained.
Next, the workers apply a vinegar and water solution to all surfaces
and rinse them with water. The decontamination solution may leave a pow-
dery material on some surfaces, so a heavy-duty vacuum cleaner is used to
remove as much of this material as possible.
How do the workers know that they have removed
the contamination?
The final step in the decontamination process is to collect air samples
and wipe samples throughout your home. If the sampling shows any areas
where contamination levels remain too high, the decontamination process
will be repeated in those areas. U.S. liPA will then collect another set of
samples to confirm that the additional decontamination work has reduced
the contamination to acceptable levels.
Will U.S. EPA be able to decontaminate everything
in my home?
No. A number of items in your home cannot be decontaminated if
they were sprayed, such as window dressings (curtains, drapes, blinds),
carpets, area rugs, furnace filters, food products (including canned goods)
cleaning products that yon keep under your kitchen sink, and toiletries that
-------
yon store in your bathroom. Items thai cannot oe ueconidimndicu ai*u in-
clude high chairs, strollers, baby cribs, mattresses, car seats, and all
children's toys. At the recommendation of the state public health depart-
ment, U.S. HPA is disposing of all of these items to safeguard the health of
babies and children.
Some parts of your home may have been heavily sprayed and cannot
be effectively decontaminated. These areas may include the kitchen cabi-
nets and countertops, as well as the cupboards, floor coverings (tile,
linoleum, hardwood flooring, carpeting) and portions of the walls through-
out your home. In these areas, workers may need to remove these items and
properly dispose of them.
In addition, some of your belongings may have
been sprayed directly with the pesticide, or may have
come in contact with surfaces that were sprayed. If
these items are made of wood, plastic, fiber or cloth,
it may not be possible to decontaminate them, because
these materials tend to absorb the pesticide. In your
household, the items that cannot be decontaminated
could include some of your dishes and cooking utensils,
bedding, mattresses, and furniture. Workers are required to dispose of these
items if they are found to be contaminated.
Remember that the disposal ol these items is necessary to complete
the decontamination of your home. U.S. IvPA is keeping records of all items
(hat are disposed of. Before you return to your home, a member ol the U.S.
liPA will meet with you to discuss the replacement of some of these items.
Section 7, "Returning to Your Home," tells you more about these replace-
ment issues.
As soon as the sampling shows that the decontamination process has
brought your home to acceptable levels, another crew will begin working
on your home to restore the areas where contaminated materials were re-
moved l:.PA's restoration contractor will contact you or the owner of the
property to discuss the plans for restoring walls or floors that were re-
moved and for the replacement of items that were removed (cabinets,
baseboards, eotmtertops).
decontaminated?
No. 'lie work that is going on in your home makes it dangerous for
you, or anyone else, to enter the home during any part of the decontamina-
tion or restoration work. The decontamination process exposes the pesticide.
making the inside of your home a potentially
dangerous place for unprotected persons. Dur-
ing the restoration process, the unfinished
condition in your home will be similar to con-
ditions during the later stages of a construction
project. By cooperating and staying at your
temporary residence throughout the deconlami-
ADMITTANCE
TO AUTHORIZED
PERSONNEL ONLY
nation and restoration of your home, you will ensure the salet) of yourself
and your family. Your cooperation will also help the crew to complete the
work on your home as soon as possible.
What if I need something from the belongings left
in my home?
U.S. F.PA asks that you plan carefully, making sine that \ou hi nig
with you all of the items that you know you \\ill need while \ou aie a\\ay
from your home. Ask neighbors, friends, or relatives to stoic an\ ollici
items that you might need to have access to during >oui lempoiaiv leloea-
lion.
LPA cannot deny you access to your home. II something liom M>UI
home is critically needed, EPA may be able to retiicve the ilems or alKm
you to enter during a break This is ilime (ityour own r/\A. Not onl> is
there the danger of Methyl Parathion contamination, but the ha/aids ol
demolition and restoration. There also is a possibility that the items may
have been moved to storage. This will make it almost impossible to find
these items easily.
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Appendix D: Key Issues and Lessons Learned
(Expanded Version)
D-l
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KEY ISSUES AND LESSONS LEARNED
INTER-AGENCY ISSUES
Coordination with ATSDR
Issues:
• ATSDR's organizational structure and internal authority issues appeared to
hinder ATSDR's ability to assist EPA's response activities. For example, during
the response, ATSDR headquarters took on a significantly larger role in daily
operations and the regional representatives, whom EPA personnel routinely
dealt with, were seemingly displaced from much of the decision making process.
This hindered ATSDR's ability to adapt to the quick response requirements of the
situation.
There was a concerted effort to ensure that both EPA and ATSDR were satisfied
with communication products before distribution, although concurrence on
documents between EPA and ATSDR was not required. ATSDR's
organizational structure did not appear to be prepared to respond to emergency
situations in which it is critical to distribute important information in a timely
manner. As a result, EPA field representatives were often unable to obtain
timely editorial approval from ATSDR and delays were incurred in finalizing and
distributing outreach and communication materials.
• Unclear understanding of the roles and responsibilities of ATSDR operational
elements impeded EPA's ability to utilize expertise productively at the regional
level. Specifically, ATSDR had many procedural requirements, yet pin-pointing
the person who had final authority over the requirements was not obvious.
OSCs noted that locating a source for information within ATSDR often required
contacting a multitude of individuals. Also, the ATSDR division involved with the
methyl parathion response did not have easy access to experienced toxicologists
and statistical specialists. Slow progress in gaining access to these experts from
other organizational units within ATSDR hindered the response efforts and
created frustration within the Regions.
D-2
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Recommendations:
• EPA should work with ATSDR to clarify response roles and responsibilities
during an emergency response. Determining who is responsible for particular
issues, particularly issues relating to health, may help EPA to better coordinate
with ATSDR counterparts.
• EPA should consider placing a staff member in ATSDR's headquarters in Atlanta
to assist interagency coordination, in the same way that an ATSDR
representative is placed at EPA Headquarters in Washington, DC.
Coordination of USACE Support/USACE Application Process
Issue:
• Due to gaps in the initial USACE application process, there were a number of
fraudulent claims from community members.
Recommendation:
• EPA Regions should ensure that an information verification procedure, such as
the procedure ultimately employed by Region IV, is included at the beginning in
any reimbursement application process. For example, EPA's cost recovery team
saved money by auditing the initial two hundred applications and instituting a
verification procedure for the new application.
Lack of Resources in States
Issue:
• States were not prepared for or were unable to assume a larger role responding
in the response effort. The lack of participation may be due to budget
constraints, limitations in expertise, technology or equipment, or lack of
personnel.
Recommendation:
• Evaluating the constraints on the States' ability to manage or assist in the
response could identify areas or relationships that could be strengthened and
steps could be taken to work toward a balanced approach along the lines of
FEMA's 75-25 cost share. Also, legislative discussions about how to strengthen
FIFRA should consider transferring authority and funding to the States for
emergency situations like methyl parathion misuse.
D-3
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INTnA-AGENCY ISSUES/LESSONS LEARNED
Interaction Between Headquarters and Regions
Issues:
• National consistency between the Regions and Headquarters in response
activities was not maintained. Differences existed in areas such as community
involvement, dispute resolution, and relocation policy, which raised the risk of
possible criticism for their actions.
• EPA Regions need more assistance from Headquarters in policy development
and quicker response to issues and concerns.
• EPA Regions need more assistance from headquarters in policy development.
• Headquarters places too much emphasis on requesting data and not enough on
policy development.
Recommendations:
• Outlining roles and responsibilities clearly will negate any potential overlap in
activities.
• More frequent visits by headquarters personnel to the Regions will help
headquarters understanding of regional policy needs.
interaction Between EPA Program Offices
Issue:
• Lines of communication between program offices were unclear and caused
redundancy.
Recommendations:
• A single point of contact or liaison should be established within each Office to
enhance communications.
• OERR and OPP should establish a routine communication process for gathering
and managing data, disseminating product information, and coordinating
outreach efforts.
D-4
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Infra-Regional Issues/Lessons Learned
Regions
Issues:
The JIC would have been benefitted from a more trained and dedicated staff.
For example, a great deal of turnover caused a continual need for staff training,
which expended valuable staff time and resources.
A lack of stress management training for regional personnel hindered the
response effort.
• In some cases, the response process was not clearly articulated to the local
community. For example, better time estimates for the removal effort would
have helped the community to better cope with the response.
In some Regions, Congressional offices could have been leveraged earlier.
• Sampling efforts were duplicated by the different responding organizations (e.g.,
Superfund, Enforcement, and the States). Reducing this overlap would make
the response more efficient if the needs of each program can be met.
Recommendations:
• Having pre-established materials and communication plans would enhance
EPA's ability to rapidly develop and distribute outreach materials during an
incident. (EPA has since created a communication strategy toolkit for national
emergency response operations).
• Coordination with all likely involved parties, such as Congressional offices, would
expedite response operations and enhance response and communication
effectiveness.
Programmatic Issues/Lessons Learned
Enforcement
Issues:
• Current prevention and deterrence standards may not be stringent enough to
deter pesticide misuse.
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• The Regions and States, who performed the bulk of enforcement activities
through cooperative enforcement programs, were not properly funded to handle
the response.
• States seem unprepared for or are unable to assume a larger role in controlling
and enforcing pesticide regulations, due to budget constraints, limitations in
expertise, technology or staffing, or for other reasons.
Recommendations:
• Attention needs to be focused on how to enhance States involvement in
enforcement and response activities related to pesticides.
• Consideration should be given to enhancing federal pesticide enforcement
authority penalties for pesticide misuse as a means of deterrence.
• More aggressive enforcement approaches should be evaluated by the agency.
• Attention needs to be focused on how to enhance States involvement in
enforcement and response activities related to pesticides. A group should be
convened to discuss the possible ramifications of a strengthened FIFRA could
consider the State role in enforcement and pesticide control.
Outreach Efforts
Issue:
• Initially, outreach tailored to urban communities was not a significant component
of OPP's communication strategy.
Efforts by Cheminova to create public service announcement were slow and
ineffective.
Recommendations:
The current long-term communication strategy being developed to address the
urban populations who are affected by the improper use of pesticides should be
expedited.
Outreach activities should be conducted in a tiered manner involving personnel
from Headquarters, the Regions, States, and local groups, each with distinctive
responsibilities.
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Policy Considerations
Issues:
• Decontamination technologies in Lorain, OH were not documented or evaluated
after the response. An evaluation of the process may have demonstrated that
testing methods used in one geographic area may prove suitable for another
area.
• EPA's involvement in restoration, a poir.t of contention among many response
participants, set a precedent for future response actions.
• There was significant concern over the escalating cost for the restoration of
homes.
• The restoration process presented a variety of social issues that the OSCs were
not fully prepared to handle. Assistance from State social service agencies
would have enhanced the Regions' ability to implement the response.
Recommendation:
Headquarters should consider developing a Residential Clean-up Policy with an
emphasis on emergency situations. The policy should be consistent with
remedial policy and should address relocation, restoration spending limits per
house, and specifications for restoration. Whereas the policy should outline
what the outcome should be, it should not dictate specific requirements since
each situation may require different steps for clean-up.
Legislative and Other Considerations
Issues:
The Superfund program may not have the appropriate authority and mission to
assume responsibility for pesticides or non-traditional Superfund-related
emergency response, such as mercury.
Many responders question whether the Superfund program should be involved in
this type of response (i.e., pesticides).
• Many Superfund personnel are concerned that FIFRA legislation is insufficient
and not strong enough to prevent or deter future events like the illegal application
of methyl parathion and, as a result, other programs (like Superfund) become
significantly impacted.
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Recommendations:
Consideration should be given to promoting an inter-agency focus on the misuse
of pesticides. For example, a Superfund representative could participate in the
next Pesticides Directors' meeting.
The Agency should consider creating a workgroup to evaluate the strengthening
of FIFRA.
An Inter-Agency workgroup should be formed to evaluate the viability of using
the Superfund program for pesticides-related emergency response.
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Appendix E: Development of the
Urine Protocol
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Development of the Urine Protocol
Perhaps the most important policy decision reached during the methyl parathion (MP)
response was the decision to use urine para-nitrophenol (p-NP) levels as a biological
monitor (biomarker) of exposure to methyl parathion and to base relocation and
cleanup decisions on human exposure level thresholds. Para-nitrophenol is a known
metabolite, or breakdown product, of methyl parathion, and can be accurately
measured from urine samples and correlated to environmental exposure to methyl
parathion.
As this represents the first instance in which the Agency has used human exposure
data as a risk management threshold level, it is important that the framework for the
model be fully reviewed and understood before attempting to; (1) extrapolate lessons
learned from the methyl parathion response as a model for other similar incidents or (2)
as a precedent for using exposure data as a determinant for Superfund responses.
Development of the biomarker protocol was initiated after concluding that the sampling
protocol developed during EPA's initial response in Lorain County, Ohio was too
site-specific to easily translate to other geographic areas. Specifically, differences in
spray technique, house construction, and climatic factors significantly altered the
correlation between environmental concentrations of methyl parathion and exposure
levels in potentially affected residents. The Methyl Parathion Health Sciences Steering
Committee (Steering Committee) conducted research and developed a viable exposure
model based on urine (p-NP) concentration. The Steering Committee was charged
with:
Reviewing published scientific literature, technical and policy
basis of the Region V criteria for the Lorain, OH response,
and urine and environmental data collected at the
Mississippi and Louisiana sites;
Determining the usefulness of urine p-NP analysis as a sole
basis or in combination with environmental data for
relocation of people from residences sprayed with methyl
parathion;
Determining the relocation action level for urine and /or
environmental parameters, age-weighted if needed;
• Developing a protocol for collection and evaluation of urine
samples to ensure maximum predictive capacity of p-NP
analysis for methyl parathion exposure; and
Determining if predictive correlations exist for urine levels of
p-NP and environmental wipe samples for methyl parathion.
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The protocol was developed over a series of twelve meetings; the developed protocol
was forwarded to an ATSDR-convened Risk Identification/Management and Public
Health Practice Expert Panel for independent, third-party review. The Expert Panel
concurred with the findings and recommendations of the Steering Committee. The
protocol was announced in OSWER Directive 9285.7-27, Implementation of the Urine
protocol for Methyl Parathion Response memorandum dated May 16 1997, and urine p-
NP concentrations became the primary threshold level for relocation and cleanup
decisions in Regions IV, V, and VI. The new testing protocol was implemented through
the efforts of several entities. State health aqencies and EPA conducted sampling,
contractors performed decontamination, and USAGE assisted with relocation based on
the urine protocol thresholds. Samples were sent to the Center for Disease Control in
Atlanta.
The remainder of Appendix E provides background information on the development of
the biomarker protocol, lists uncertainties that exist with the protocol, and highlights
pertinent risk management strategies.
Biomarker Protocol Science
After a review of data from the Lorain County response data, the Steering Committee
determined that the scientific relationships between environmental levels of methyl
parathion and urine levels as found in potentially affected residents did not exist due to
site specific differences. Differences in spray technique, house construction, and
climatic factors significantly altered the correlation between environmental
concentrations of methyl parathion and exposure levels in potentially affected residents.
Therefore, the Steering Committee concluded that urine levels should become the
prime determinant for decision-making regarding intervention and cleanup. The use of
an exposure threshold policy was developed to assure that intervention criteria were
based on the latest scientific data, resulted in an overall response which was no more
disruptive to potentially affected residents than necessary, and no more costly to
taxpayers than necessary, while continuing to be protective of public health.
Threshold levels for p-NP in urine were determined after an extensive review of existing
scientific literature. The Committee first reviewed current Minimal Risk Levels (MRLs)
and Reference Doses (RfDs) for ethyl parathion. The current subchronic RfD for
methyl parathion is 2x10"3 mg methyl parathion/kg bw/day, and is based on an
estimated NOAEL of 2.5 ppm or approximately 0.15 mg methyl parathion/kg bw/day.
MRLs and RfDs are typically based on the most sensitive indicator of toxicity observed
in animal studies and are routinely 100 -1,000 times lower than the lowest exposure
concentrations used in the critical study. These levels are used as screening levels
with default assumption used in lieu of missing information, and should not be
considered thresholds for noncancer health effects or regulatory or cleanup levels.
Therefore, the Steering Committee used a weight of evidence approach for assessing
health threats from methyl parathion exposures. This approach involved the
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consideration and integration of all relevant human and animal data or studies. Factors
such as metabolism, toxicokinetics, mechanism of action, structure-activity
relationships, and susceptible populations were considered. The approach taken by
the Steering Committee focused on susceptible populations potentially exposed to
methyl parathion, including:
Neonates and Pregnant Women: Neonatal children are more susceptible to
methyl parathion toxicity than older children and adults, primarily due to limited
phase two metabolic capacity. Pregnant women were considered because of
possible transfer of absorbed methyl parathion to the unborn child. Studies
reviewed examined effects of parathion exposure on behavioral assessment in
preweanling rat pups; effects of chronic methyl parathion exposure on ACHE
activity in brain regions on 15 day old rat pups; effects of methyl parathion
exposure on methyl parathion excretion in lactating goats; effects of low dose
methyl parathion exposure on motivation and emotion for male rats; and
pharmacokinetics, metabolism, elimination and tissue distribution of ethyl
parathion for newborn, one-week and eight-week old piglets.
The weight of evidence suggested that neonates with urine levels of p-NP not
exceeding 50 //g p-NP/L are not likely to experience adverse health effects. Due
to factors such as limited phase two metabolic capability, urine levels exceeding
50/yg p-NP/L were considered appropriate for relocating children less than one
year of age (YOA) and pregnant women.
• Children and Adolescents: Children greater than one YOA are less susceptible to
methyl parathion toxicity than neonates, but epidemiological evidence suggests
that children may be more susceptible than adults to organophosphate
pesticides and ethyl parathion (EP). Studies reviewed examined effects of
inhalation exposure to EP on liver function in rabbits and guinea pigs and dermal
exposure rates of EP in weanling pigs.
Due to factors such as exposure by both oral and dermal routes and rapid
growth rates of children and limited metabolic capabilities of unborn children,
urine levels exceeding 300 ^g p-NP/L were considered appropriate for relocating
children greater than one YOA up to adolescents less than 16 YOA.
Adults: Methyl parathion can cause severe adverse health effects in adults.
Studies reviewed examined effects of organophosphate pesticides exposure on
rats; epidemiological studies on EP exposures on adult males; neurobehavioral
effects of short-term, low-level exposure to diazinon on pest control workers;
cohort studies of potential effects on neuropsychiatric performance of chronic
occupational exposure to organophosphate insecticides; surveillance data of
neurological function among men poisoned by organophosphate pesticides;
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chemical structure and action of organophosphate pesticides to ascertain acute
and chronic effects of exposure; effects of low dose exposure to methyl
parathion on motivation and emotion in male rats; psychiatric manifestations of
exposure in workers to low levels of organophosphate pesticides; and sources of
urinary p-NP levels other than methyl parathion metabolism.
The weight of evidence indicated that adverse effects are not likely to occur
unless an acute exposure had occurred. Due to factors such as uncertainties
concerning previous exposure history, health status, and potential adverse
health effects from chronic exposure, urine levels of p-NP exceeding 600 /yg p-
NP/L were considered appropriate for relocating adults.
There were several important lessons learned from the Steering Committee's role in
establishing exposure-based threshold criteria. First, determination of these criteria can
only be made after careful consideration of existing scientific literature. The
determination of threshold criteria was only possible because of the extensive body of
data that exists for exposure, toxicity, metabolism, and mode of action for
organophosphate pesticides, including methyl parathion.
Second, the Steering Committee was able to select a relatively non-invasive exposure
threshold. Specifically, existing literature shows that acetylcholinesterase (AChE)
inhibition can be measured from blood samples. Inhibition of AChE leads to
accumulation of the neurotransmitter acetylcholine (ACh), leading to hyperactivity in
cholinergic pathways present in the central nervous system and peripheral nervous
system, and both automatic and somatic pathways within the peripheral nervous
system. Thus the resultant hypercholinergic activity leads to a variety of signs and
symptoms, some of which (the respiratory) can be life-threatening if poisoning is from a
sufficiently high level. However, this was not an acceptable biomarker for two reasons.
Blood sampling is more intrusive and, therefore, was more likely to have been rejected
by potentially exposed individuals, and AChE inhibition is a marker of effect not
exposure, which could not be considered as providing a reasonable margin of safety in
protecting public health. Third, uncertainty associated with correlating environmental
levels of methyl parathion and urinary levels of p-NP could be addressed with a
conservative margin of safety. For example, the fact that p-NP is released as a by-
product of wastewater treatment, methyl parathion production, vehicular combustion,
and insecticide application was addressed by the conservative assumption that all p-Np
detected in urine samples was from the metabolic breakdown of methyl parathion.
While this over estimated methyl parathion exposure, it provided an reasonable
measure of safety for basing risk management decisions on exposure level thresholds.
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Biomarker Protocol Policy
The p-NP threshold criteria established estimated methyl parathion doses above EPA's
current subchronic RfD; however, it was the consensus of the Steering Committee that
these criteria were sufficiently protective of public health because they were all below
the LOAELs found in animal studies. Due to declining pesticide levels in homes,
relatively short term (two to three years) exposures, and absence of established
cholinesterase (ChE) depressions in exposed persons, the Steering Committee
concluded that the urine criteria provided an appropriate level of health protection for
interior residential exposures. As an added measure of safety, it was decided that
relocation and cleanup of residences would occur with any single urine sample
exceeding the criteria.
The Steering Committee recommended an Exposure Surface Sampling Protocol and
an urine Collection Protocol. The Surface Sampling Protocol was designed to collect a
minimum of four samples and a maximum of six samples to assess potential
exposures; and provide indicators of residents that should have urine samples
collected. The four minimum samples to be collected included:
• Field blank for QC purposes;
• Kitchen baseboard sample collected immediately adjacent to the kitchen
refrigerator;
• Living area baseboard sample collected in the vicinity of where people could be
expected to watch television or children could be expected to play; and
Bedroom baseboard sample collected from the baseboard closest to the bed
(bedrooms were selected in the following priority: child < 6 YOA - women of child
bearing age - adults).
Two additional samples could be collected at the discretion of the State responsible
agencies. Potential sampling locations were high contact/exposure areas such as food
preparation areas, living area floor or second bathroom. The second bathroom was
selected on the priority of child < 5 YOA - women of child bearing age - adults. Air
sampling was allowed as one of the discretionary samples. Once methyl parathion in a
residence was confirmed by surface samples above an average concentration of 15
/yg/100cm2, State agencies were to collect urine samples.
The Urine Collection Protocol was developed to clearly define methods for collection,
handling, and shipping of urine samples. The developed protocol was based on the
Specimen Collection and Shipping Protocol for the Analysis of Pesticide Metabolites
(Para-nitrophenol) in Urine developed by the National Center for environmental Health,
Centers for Disease Control and Prevention. Due to the rapid elimination rate of p-NP
from the body, the protocol emphasized controlled sample collection times coinciding
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with exposure to more precisely capture exposure data. The protocol also included an
exposure questionnaire administered at the time of sample collection to provide
qualitative evidence that the samples collected were predictive of exposure. Two urine
samples were collected from each participant in order to minimize uncertainty
associated with sample collection time and the variability of spot urine samples. The
protocol also established thresholds for quarterly sampling for those individuals that
were lessening exposure to methyl parathion either through prevention techniques or by
degradation of the pesticide. Quarterly sampling minimized the uncertainty associated
with risk management decisions of limited or no action by indicating specific situations
where exposure was possibly increasing (e.g., an infant with increased mobility during
development that may actually become more exposed). Thresholds for risk
management decisions are presented in the table below.
Threshold Protocol for methyl parathion Response
Recommended
Action
Age Group
0 - < 1 year
and Pregnant
Women
f 1 year-< 16
years
2 16 years
<22 ppb in unne and
<50^g/100 cm2
exposure based
sampling
<100 ppb in unne
and
<50^g/100cm2
exposure based
sampling
<300 ppb in urine
and
exposure based
sampling
25-50 ppb in unne;
or
<25 ppb in urine
and
? 50^9/100 cnf
exposure based
sampling
100-300 ppb in unne,
or
<100 ppb in unne
and
exposure based
sampling
300-600 ppb in unne,
or
<1 00 ppb in urine
and
exposure based
sampling
> 50 ppb in urine
>300 ppb in unne
>600 ppb in unne
The initial urine sampling event will be
based upon two discrete unne samples;
the higher result will be used for decisions.
Frequency of urine monitoring will be once
a quarter until the infant reaches 12
months of age. For all other groups,
monitoring will be conducted on a minimum
of one year to confirm that the exposure
scenano
Once urine samples are decided to be
collected in a house, all residents are
offered to be monitored.
Any one individual from any category
exceeding relocation benchmarks
established will trigger relocation.
The recommendations of the Steering Committee were reviewed by the Methyl
Parathion Expert Panel (Expert Panel) on April 24-25,1997. The Expert Panel
concurred with the recommendations of the Steering Committee. They recognized the
importance of regional differences in environmental factors (e.g., climate and type of
residence), and concluded that the principal exposure route was most likely dermal,
especially in infants and young children. The Expert Panel also identified that smaller
amounts of exposure through the respiratory route and an undetermined amount by the
oral route may be significant exposure routes in young children. Baseboard sampling
as outlined in the "Exposure Surface Environmental Sampling Protocol" was deemed
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acceptable as a general index of household contamination, and was recommended as
mandatory in all suspect residences. The Expert Panel agreed with the use of the
questionnaire to determine the adequacy of mandatory sampling locations and to guide
collection of additional samples. The Expert Panel also recommended air sampling for
rooms with known or suspected contamination of heating systems.
The work of the Steering Committee and Expert Panel provided several valuable
lessons in crafting science policy. The Steering Committee was comprised of Agency
personnel with both senior management status and an area of technical expertise. This
duel role allowed the Steering Committee to both review the scientific literature and
apply a weight-of-evidence model in developing threshold criteria and to combine the
technical data with management and resource considerations in developing the
recommended urine protocol. The resultant consensus recommendations were
approved by an independent third-party review without significant changes and was
implemented by EPA as an official directive, all within the time frame of approximately
six months. The Steering Committee was able to move quickly on decisions because
its composition was small and its mission was to formulate recommendations, not
policy. Including State agency membership on the committee allowed for realistic
mandates on State personnel and early buy-in to the protocol. Finally, extensive
coordination with ATSDR facilitated an accelerated Expert Panel review of the
recommendations.
Biomarker Protocol Uncertainty
Concurrent with its review of the biomarker protocol, the Steering Committee also
identified critical data gaps that should be addressed in order to minimize the
uncertainty associated with the existing protocol, thereby reducing the number of
conservative default values used in establishing threshold values and allowing for
scientifically based risk management decisions. The identified gaps were:
• Field Survey of Environmental Degradation Products: It was recommended that
the EPA design and implement an environmental sampling study to determine
the environmental degradation products of methyl parathion in indoor settings,
especially PNP. The study should include a sufficient sample of representative
homes (by region, time of application, type of application, etc.) to allow inference
to other homes in the region.
Seven-day Study with Daily A.M. and P.M. Urinary PNP. It was recommended
that the agencies should conduct a minimum 7-day pilot study of minimum daily
a.m. and p.m. urinary PNPs in households currently undergoing environmental
sampling. Individual environmental exposure questionnaires such be
administered before each sample collection. In addition to urinary PNP, urinary
creatinine should be measured on all samples to allow for creatinine adjustment.
Creatinine is a breakdown product of creatine, which is an important constituent
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of muscle. Creatinine can be converted to the ATP mo'ecule, which is a
high-energy source. The daily production of creatine and subsequently creatine,
depends on muscle mass, which fluctuates very little. Creatinine is excreted
from the body entirely by the kidneys. With normal renal excretory function, the
serum creatine level should remain constant and normal.
The study should be performed in a sufficient number of residences to make
these observations under varying exposure conditions. The results of this study
will help to determine the variability of spot urine samples, the usefulness of
individual exposure questionnaire data in selecting optimal sampling times, and
the value of adjustment for urinary creatine.
Dermal Absorption Studies: The Expert Panel strongly recommended
conducting a dermal absorption mass balance study correlating methyl parathion
dermal dose with urine PNP excretion pattern in human volunteers. It was also
recommended that the effects of combined dermal exposures to methyl
parathion and PNP, as well as combined exposure to methyl parathion and other
pesticides identified in the field, should be investigated in a relevant animal
model (pig, monkey, hairless guinea pig).
Subchronic Toxicity Study in Animals To Determine Dermal RfD. A subchronic
toxicity study in rats to determine a dermal RfD for methyl parathion would be
very useful for risk assessment in this situation. EPA and ATSDR should review
available databases to determine if such data are currently available. If not,
agencies should consider initiating such a study.
Pilot Study of Urinary PNP and RBC Cholinesterase: Data from occupationally
exposed agricultural workers indicates that depression of RBC Cholinesterase is
unlikely at urinary PNP levels less than 1,000 g/L. The assumption that chronic
low-level methyl parathion exposure will not depress RBC Cholinesterase levels
should be confirmed. A representative sample of people should be offered both
urinary PNP and blood RBC Cholinesterase monitoring. These may be
individuals who are referred or self-referred to AOEC clinics for evaluation. If the
sample is not random, sample should be compared with the target population in
terms of levels of environmental exposure, urinary PNP, demographics, etc., to
assess the possibility of selection bias. The issue of sample preservation needs
to be addressed to determine if shipping samples to a central location is
technically and logistically feasible.
Cohort Study of Neurobeha vioral Effects in Children Exposed to methyl
parathion in Utero and Postnatally. The Expert Panel recommended a cohort
study to assess the relationship between in utero and postnatal exposure to
methyl parathion and neurobehavioral effects in these populations. This
epidemiologic study should be designed to address key risk management
questions: What is the dose-response relationship between indoor exposure to
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methyl parathion and neurobehavioral effects in the highest risk groups? The
study should be able to determine the exposure levels that produce no
observable adverse effects on central nervous system function in these
populations and would be very useful in setting future relocation criteria.
Recommendations for health effects studies have been incorporated into ATSDR's
Long-Term Strategy for Methyl Parathion Public Health Response. EPA has been
charged with developing the environmental sampling study to determine environmental
degradation products.
Risk Management Strategies Employed
EPA used a variety of risk management techniques to respond to illegal indoor
application of methyl parathion. The management option selected was dependent on
urine p-NP thresholds (see table above) as well as technical and policy considerations.
The primary means of structure decontamination were:
• Decontamination through removal: Involved the removal of contaminated food or
fabric items; removal and installation of replacement carpeting, baseboards,
furnace filters, cabinets, furnishings and non-structural building components that
remained contaminated; and/or painting of contaminated surfaces.
Decontamination through thermal desorption: Involved sealing of independent
structures (e.g., mobile homes) as appropriate; installing heating units in the
structure; and maintaining a temperature of approximately 110° F for 48 hours
to accelerate the breakdown of the pesticide (waiting for confirmation on this
data).
Exposure minimization through sealant use: In a limited number of cases in
which environmental sampling indicated low levels of methyl parathion, a
protective sealant was applied over baseboards and other areas that had
been sprayed. Because of uncertainty concerning the efficacy and
longevity of sealant use, this practice was discontinued until further testing
indicated that the sealant was fully protective of human health (waiting for
confirmation on this data).
Decontamination through self cleaning: Guidance was distributed for cleaning
residences that were not sprayed at a sufficient level to warrant an Agency
response. Instructions were provided for washing clothes and other fabrics
potentially sprayed; cleaning counter tops and cabinet areas; replacing filters on
heating and air conditioning units; washing pots, pans and eating utensils before
using; and discarding any plastic or wooden utensils or any fabrics that remained
discolored after washing. These residences were warned against attempting to
clean baseboards and other areas that were directly sprayed with the pesticide.
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Use of the biomarker protocol was estimated to have reduced relocations of families by
86% to 95%. There were 622 residences in Louisiana, Mississippi, and Tennessee that
had been classified as relocation candidates based on the earlier Lorain protocol. Re-
examination of these cases using biomarker thresholds meant that 539 of these
households were not subjected to the stress and inconvenience of temporary
relocation. However, 139 of these households were placed in the quarterly urine
monitoring program to ensure that their health was safeguarded and another 133
residences received some assistance in minimizing exposure to residual methyl
parathion.
. .,;•- ••••••"
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