United States
                          Environmental Protection
                          Agency
                      Office of
                      Solid Waste and
                      Emergency Response
Publication: 9360.0-32FS
EPA/540/F-94/009
PB93-963422
December 1993
   &EPA
Conducting  Non-Time-Critical
Removal  Actions Under
CERCLA
 Office of Emergency and Remedial Response
 Hazardous Site Control Division, 5202 G
                                                  Quick Reference Fact Sheet
This fact sheet summarizes a document entitled "Guidance on Conducting Non-Time-Critical Removal Actions Under
CERCLA" (OSWER Directive 9360.0-32). The guidance describes the essential components of the non-time-critical removal
action process with particular emphasis placed on conducting the Engineering Evaluation/Cost Analysis (EE/CA). This
document also provides general guidance on other activities carried out during a non-time-critical removal action, such as
enforcement, public involvement, and Action Memorandum preparation. The guidance is to be used in conjunction with EPA's
Emergency Response Division (ERD) Superfund Removal Procedures (SRP) manual which provides detailed guidance for
carrying out various activities at all types of removal sites.
INTRODUCTION

Non-time-critical  removal  actions  are  conducted  at
Superfund sites when the lead Agency determines, based
on the site evaluation, that a removal action is appropriate,
and a planning period of at least six months is available
before on-site activities must begin.  Because non-time-
critical removal actions can address  priority risks, they
provide an important method of moving sites more quickly
through the  Superfund  process. Thus,  conducting non-
time-critical  removal actions advances the goals of the
Superfund Accelerated Cleanup Model (SACM) to include
substantial, prioritized risk reduction in shorter time frames
and to communicate program accomplishments to the
public more effectively.

RESPONSIBILITIES AND RESOURCES

Most non-time-critical removal actions are led by EPA,
unless the State,  potentially responsible party (PRP),
Federal agency, political subdivision,  or Indian Tribe has
the financial and technical ability to lead the response.
Regardless of who takes the lead, the EPA On-Scene
Coordinator  (OSC) or Remedial Project Manager (RPM)
is responsible for arranging for technical assistance from
other  agencies,  if the  OSC/RPM  determines such
assistance is needed. For non-time-critical removal actions,
the OSC/RPM  directs  or reviews the work of other
agencies, PRPs, and contractors to ensure compliance with
                           CERCLA and the National Oil and Hazardous Substances
                           Pollution Contingency Plan (NCP). The OSC/RPM also
                           reviews all decision documents, enforcement orders, and
                           work plans; oversees all expenditures of EPA funds; and
                           ensures all staff working on the site know operating and
                           safety procedures.

                           EPA should not conduct Fund-financed removal actions
                           when the response is within the independent financial and
                           technical capabilities of a State, PRP, Federal agency,
                           political subdivision, or Indian Tribe. To lead a non-time-
                           critical removal action,  a State, political  subdivision,  or
                           Indian Tribe must fast apply for a removal Cooperative
                           Agreement (CA) pursuant to 40 CFR Subpart O, section
                           35.6200. When EPA retains the lead for non-time-critical
                           removal actions without financial participation from a State,
                           political subdivision, or Indian Tribe, the Regional Decision
                           Team (RDT) should assess the urgency of the situation
                           and determine whether the removal action should proceed
                           without such participation.

                           The  RDT ensures effective coordination, communication,
                           and integration of Superfund program authority, expertise,
                           resources, and tools.  Although  RDT  involvement  in
                           removal assessments and decision-making may vary from
                           Region to Region, for non-time-critical removal actions the
                           RDT should help assess the opportunity for response and
                           help  initiate the preparation of the EE/CA Approval
                           Memorandum, the EE/CA, and the Action Memorandum.
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Because at least a 6-month planning period is available for
non-time-critical removal actions, there is time to obtain
commitment from a State or local government or PRP to
perform and fund necessary post-removal site control
(PRSC) activities prior to initiating the response. If the
OSC/RPM is unable to secure such an agreement, removal
options that involve continuing PRSC should be avoided
where other options are feasible.

Technical assistance resources available  to  the  lead
Agency in carrying out a non-time-critical removal action
include: national, Regional, and specialized response teams;
contractors; other Federal agencies;  and State and local
governments.  The  Long-Term  Contracting  Strategy
(OSWER Publication 9242.6-07) provides a road map to
Superfund contract support and  gives  Regions  full
responsibility for contracts management.

ENFORCEMENT ACTIVITIES

A PRP search  should begin as soon as a removal action
appears likely.  If enforcement will be pursued for a non-
time-critical  removal site, a CERCLA section  122(e)
special notice letter should be used to solicit a written good
faith offer from the PRP, which demonstrates the PRP's
qualifications and willingness to conduct or finance the
removal action. Issuance of a special notice triggers a 60-
to 120-day moratorium on EPA conducting the removal
action  (although  additional studies  or  investigations
authorized under CERCLA section 104(b), including the
EE/CA, may be initiated).

During the moratorium, the OSC/RPM should consult with
Regional staff in developing an Administrative Order on
Consent (AOC), which is a legally enforceable agreement
signed by EPA and the PRP whereby the PRP agrees to
perform or pay  the cost of site cleanup, and may forfeit the
right to make a claim against the Fund. An AOC outlines
the activities the PRP must undertake and the completion
dates for those activities. The  State  should always be
notified prior to negotiating or issuing an AOC.

If the OSC/RPM wishes to pursue informal negotiations
without using a CERCLA section  122(e) special notice
letter, CERCLA section 122(a) requires EPA to issue a
notice letter  to the PRP explaining  why special notice
procedures will not be used. In cases where no negotiation
is desirable, the OSC/RPM can use the notice letter supply
to inform the PRP of their potential liability and provide
notice  that the Agency has taken  or plans to take a
response action.
The statute of limitations for cost recovery for removal
actions is  3 years from the completion of the removal
action, unless a consistency exemption to the statutory
limits  under CERCLA section  104(c)(l)(C) has been
approved (in which case the statute of limitations is 6 years
from the date of the last exemption). A decision not to
pursue cost recovery must be documented in a Removal
Action Cost Recovery Close-Out Memorandum prepared
in consultation with the Office of Regional Counsel.

PUBLIC INVOLVEMENT

Sections 300.415(m)  and 300.820  of the NCP specify
community relations and administrative record activities as
two forms  of public participation necessary for all removal
actions. The OSC/RPM is responsible for ensuring that
these requirements are met.

Community relations requirements during removal actions
are intended to promote active communication between
communities affected by a release or a threat of release
(including the  PRP) and the lead agency. The following
community  relations  activities   are  required   for
non-time-critical removal actions:

    •   Designate a community relations spokesperson
    •   Establish the information repository
    •   Conduct community interviews
    •   Prepare Community Relations Plan (CRP)
    •   Issue public notice of availability of the EE/CA.

The administrative record file,  a subset of the site file, is
the body  of documents used by  the Agency during a
removal action to select a response. It includes site specific
data and documents that reflect the views of the public,
including   PRPs,  concerning   this   selection.   For
non-time-critical removal  actions,  the EE/CA Approval
Memorandum and EE/CA are the critical components of
the administrative record file. The  required administrative
record requirements for non-time-critical removal actions
are as follows:

    •   Establish the administrative record file
    •   Publish public notice  of  the  availability of the
       administrative record file
    •   Hold a public comment period
    •   Develop written responses to significant public
       comments
    •   Complete the administrative record  file after
       selecting the response.
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CONDUCTING THE EE/CA

Section 300.415(b)(4)(i) of the NCP requires an EE/CA
for all non-time-critical removal actions. It is intended to:
(1) satisfy environmental review requirements for removal
actions; (2) satisfy administrative record requirements for
unproved documentation of removal action selection;  and
(3) provide a framework for evaluating and  selecting
alternative technologies. In doing so, the EE/CA identifies
the objectives of the removal action  and analyzes  the
effectiveness,  implementability,  and  cost of various
alternatives that may satisfy these objectives.  Thus, an
EE/CA serves  an analogous function to, but is  more
streamlined than, the remedial investigation/feasibility study
(RI/FS) conducted for remedial actions. The results of the
EE/CA and EPA's response decision are summarized in
the Action Memorandum.

The EE/CA Approval Memorandum, which is prepared
once the need for a non-time-critical removal action  has
been determined, serves three important functions. First, it
secures management  and funding approval to conduct the
EE/CA. If the action is PRP-lead, provision for  oversight
funding will be contained in an Administrative Order  and
should be included in the EE/CA Approval Memorandum.
Second, it documents that the situation meets  the NCP
criteria for initiating  a non-time-critical removal action.
Third, it  provides a  finding of an actual  or threatened
release from the site and, if present, a finding  of an
imminent and substantial  endangerment, or refers to  a
document establishing such a determination. The EE/CA
Approval Memorandum also provides general information
pertaining to the site background; threats to public health,
welfare, or the environment posed by the site (including
expected changes in the site situation if no action is taken
or if the action is delayed); enforcement activities related
to the site; and estimated EE/CA costs.

The  Regional Administrator (or authorized  designee)
evaluates the EE/CA Approval Memorandum and provides
authorization.  Funds  expended in preparing the EE/CA
Approval Memorandum are considered CERCLA section
104(b)(l) monies and  are not counted toward the $2 million
statutory limit for removal  actions. The EE/CA  Approval
Memorandum contains the following sections:

    •   Subject
    •   Background
    •   Threat   to   public  health,   welfare,   or   the
       environment  (including expected change  if no
       action is taken or if action is delayed)
    •   Imminent and substantial endangerment,  if present
    •   Enforcement actions
    •   Proposed project/over sight and cost
    •   Approval/disapproval.

Once the EE/CA Approval Memorandum is authorized,
preparation of the EE/CA can begin. The EE/CA includes
the following sections:
    •   Executive summary
    •   Site characterization
       S   Site description and background
       S   Previous removal actions
       S   Source, nature, and extent of contamination
       S   Analytical data
       S   Streamlined risk evaluation
    •   Identification of removal action objectives
       S   Statutory limits on removal actions
       S   Determination of removal scope
       S   Determination of removal schedule
       S   Planned remedial activities
    •   Identification  and  analysis  of removal action
       alternatives
       S   Effectiveness
       S   Implementability
       S   Cost
    •   Comparative   analysis    of   removal   action
       alternatives
    •   Recommended removal action alternative.

The  EE/CA executive summary provides  a  general
overview of the  contents of the EE/CA. The executive
summary is intended to make the EE/CA simpler for the
public  to  review.  It can be  used  in  the  Action
Memorandum to describe the EE/CA.

The  site  characterization  section  should   summarize
available  data on the physical, demographic, and other
characteristics of the site and surrounding areas to provide
background engineering information for analyzing removal
alternatives. Data on the site may be available from a
removal site evaluation or  from other EPA documents
regarding the site. Source documents should  be placed in
the administrative  record  for  the  site. EPA  should
coordinate activities of the OSC/RPM with  those of the
site   assessment   manager,   risk  assessor,   and
enforcement/legal staff to ensure appropriate data are
collected to characterize the site.

Identifying the removal action scope, goals, and objectives
involves considering the $2 million and 12-month statutory
limits for Fund-financed removal actions. If there is a need
for an exemption from these limits, the details should be
described in the  EE/CA  as  well  as  in  the  Action
Memorandum  requesting   the  exemption.   This
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section should also identify specific objectives that clearly
define the  scope of the removal action (e.g., total site
cleanup, site stabilization, or surface cleanup of hazardous
substances). EE/CAs for removal actions at non-NPL sites
should consider the potential for future NPL  listing to
ensure the goals of the removal action are consistent with
any   potential   long-term   remediation.   When   a
non-time-critical removal  action will be  the only or last
action taken to clean up a potential NPL  site, the EE/CA
should provide  adequate documentation that activities
performed  at the site are sufficient to meet completion
requirements.  In addition, this section should  provide  a
general schedule of removal activities, including both the
start  and completion  time for the non-  time -critical
removal action. This schedule can be an important factor
in evaluating removal  action alternatives based on  their
implementation times.

Once the removal action scope, goals, and objectives have
been identified,  a  few  relevant  and  viable  removal
alternatives  should  be  chosen  for   evaluation   and
comparison. Removal alternatives should be analyzed for
their   effectiveness,   implementability,   and   cost.
Effectiveness can be evaluated in terms of protectiveness
and   ability   to  achieve   removal   objectives.  The
protectiveness of the alternatives can be assessed in terms
of how well they protect public health and the community,
protect   workers  during  implementation,  protect the
environment, and comply
with applicable or relevant and appropriate requirements
(ARARs).  The  implementability  of  the  alternatives
depends  on their technical feasibility, the availability of
necessary resources to support the alternatives, and their
administrative feasibility. The cost  of the alternatives is
determined by looking at capital costs, costs for PRSC, and
present worth cost.

Once the alternatives have been described and individually
assessed against the criteria, a comparative analysis should
be conducted to evaluate the relative performance of each
alternative in relation to each  of the criteria. This process
should identify key trade-offs that would affect the remedy
selection.  Based  on  this  analysis, the  EE/CA  should
determine the  recommended action and  describe the
reasons for the recommendation.  This determination can
be summarized in fact sheet form and placed  in the
administrative record file.
 NOTICE: The policies set out in this fact sheet are not final
 agency action, but are intended solely as guidance. They are
 not intended, nor can they be relied upon, to create any rights
 enforceable by any party in litigation with the United States.
 EPA officials may decide to follow the guidance provided in
 this fact sheet, or to act at variance with the guidance, based
 on an analysis of site-specific circumstances.  The Agency
 also reserves the right to change this guidance at any time
 without public notice.
 United States
 Environmental Protection
 Agency (5202 G)
 Washington,  DC 20460

 Official Business
 Penalty for Private Use
 $300
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