United States
                          Environmental Protection
                          Agency
   Office of
   Solid Waste and
   Emergency Response
 Publication 9200.3-23FS
       EPA 540/F-96/018
           PB96-963245
	September 1996
                       The  Role  of  Cost  in  the
                       Superfund   Remedy  Selection   Process
Office of Emergency and Remedial Responsea
                       Quick Reference Fact Sheet
            This fact sheet describes the role of cost in the selection of remedial actions under the Comprehensive
     Environmental Response, Compensation, and Liability Act (CERCLA, commonly referred to as Superfund). Cost is
     a central factor in all Superfund remedy selection decisions. The objective of this fact sheet is to clarify the current
     role of cost as established in existing law, regulation, and policy. This fact sheet does not elevate or establish a new
     role for cost in the Superfund program, but rather describes the current role of cost as established by the Superfund
     statute (CERCLA) and the Superfund regulations (the National Oil and Hazardous Substances Contingency Plan
     (NCP)), and as expanded upon in EPA guidance.

            Through the distribution  of this fact sheet, EPA hopes to ensure that all stakeholders involved in the
     Superfund process fully understand the important role that cost plays in remedy selection under existing law and policy,
     and to summarize recent initiatives aimed at enhancing the cost-effectiveness of remedial actions.  These initiatives
     include the National Remedy Review Board, Remedy Selection Rules of Thumb, and Updating Remedy Decisions.
     O  STATUTORY AND REGULATORY
     CONTEXT FOR THE CONSIDERATION
     OF COST

            Understanding  the  role  of cost  in the
     Superfund  remedy  selection process  requires  an
     understanding   of  the  statutory  and  regulatory
     provisions  that  guide  this  process.    CERCLA
     established five  principal  requirements for the
     selection of remedies. Remedies must:

     1)      Protect human health and the environment;

     2)      Comply with  applicable  or relevant and
            appropriate requirements (ARARs) unless a
            waiver is justified;

     3)      Be cost-effective;

     4)      Utilize permanent solutions  and alternative
            treatment technologies or resource recovery
            technologies  to  the  maximum   extent
            practicable; and

     5)      Satisfy a  preference  for treatment  as  a
            principal element, or provide an explanation
            in the Record of Decision (ROD) why the
            preference was not met.
    The   NCP   sets    forth   the   Remedial
Investigation/Feasibility Study  (RI/FS)  process for
gathering the information necessary to select a remedy
that  is appropriate for the site and fulfills these
statutory mandates. The RI includes sampling and
analysis to characterize the nature and extent of site
contamination,  performance  of  a  baseline  risk
assessment to assess the current and potential future
risks to human health and the environment posed by
that contamination, and the conduct of treatability
studies to evaluate the potential costs and effectiveness
of treatment or recovery technologies in reducing the
toxicity, mobility, or volume of specific site waste.
The FS includes the development and screening of
alternative  remedial  actions,  and the  detailed
evaluation and comparison of the  final candidate
cleanup options.  Typically,  a range of options is
developed during the FS concurrently with the RI site
characterization, with the results of each influencing
the other in an iterative fashion.

    The NCP also lays  out  a two-step selection
process, in which a preferred remedial  action is
presented to the public for comment in a Proposed
Plan, which summarizes preliminary conclusions as to
why that option appears most favorable based on the
information available and considered during the FS.
Following the  receipt and  evaluation of public
comments on the Proposed Plan, which may include
new information (e.g., a fuller view of community

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input on the options, new information on technology
performance),  the decision maker makes a final
decision and documents the selected remedy in a ROD.
For a general  discussion of this process,  see EPA's
"Guidance for Conducting Remedial Investigations
and  Feasibility  Studies Under CERCLA Interim
Final," OSWER Directive 9355.3-01, October 1988,
and "Guide to Selecting Superfund Remedial Actions, "
OSWER Directive 9355.0-27FS, hereinafter referred to
as the RI/FS Guidance and the Remedy Selection
Guidance, respectively.

    In addition to the items discussed in more detail
below, it is important to keep in mind that remedial
action costs are influenced,  in general,  by the quality
of the conceptual site model (CSM), which is a three-
dimensional "picture" of site conditions that illustrates
contaminant   distributions,   release   mechanisms,
exposure pathways, migration routes,  and potential
receptors.  The CSM documents current site conditions
and  is supported by maps, cross sections, and  site
diagrams  that illustrate what is known about human
and  environmental exposure through  contaminant
release  and migration to potential receptors.  It is
initially developed during the scoping phase of the
RI/FS,  and  modified  as  additional  information
becomes available.  Careful evaluation of site risks,
incorporating reasonable assumptions about exposure
scenarios  and expected future  land  use, and  the
definition  of  principal  threat waste   generally
warranting treatment, help to prevent implementation
of costly  remediation programs that may  not be
warranted.

    In addition,  EPA expects that the appropriately
consistent application of existing national  policy and
guidance will result in the selection of cost-effective
remedies.   Guidance that promotes  cost-effective
decision making includes the  Presumptive Remedy
series, Soil Screening  Guidance,  and Land  Use
Guidance.   For  more  information,  see OSWER
Directives  9355.0 - 47FS, 9355.4-14FSA, and 9355.7-
04, respectively.
© CONSIDERATION  OF COST
DURING THE DEVELOPMENT AND
SCREENING OF ALTERNATIVES

    During the first step of the FS, a range of remedial
alternatives is developed and then screened in order to
identify those alternatives that should be considered in
more detail.  Cost estimates developed for each option
comprise the short- and long-term cost of remediation,
including capital costs (e.g., the costs to put remedial
technology in place, including those for equipment,
labor, materials, and services), and the annual costs of
operations and maintenance (O & M) for the entire
period during which such activities will be required.
Costs should be discounted to a common base year to
evaluate expenditures  over time. A discount rate of
seven percent before taxes and after inflation should be
used to account for the time value of money (see
"Revisions to OMB Circular A-94 on Guidelines and
Discount Rates for Benefit-Cost Analysis, " OSWER
Directive 9355.3-20,  June  25, 1993).   A more
complete description of remedial action cost estimating
can be found in the RI/FS Guidance.
Development of Alternatives

    In  elaborating  the RI/FS process,  the NCP
instructs decision makers on how to implement both
the mandate  to  utilize  permanent  solutions and
treatment to the maximum extent practicable and the
requirement to select remedial actions that are cost-
effective.    Specifically,  the NCP  establishes  the
program goal and  expectations found at 40  CFR
300.430(a)(l)(iii) (See Exhibit 1). These expectations
identify the appropriate methods of protection which
generally should guide the development of cleanup
options for common types of site situations, while
allowing flexibility to modify these expectations to take
into account truly unique site circumstances.

    The NCP states that the overall goal of the remedy
selection process is "to  select remedies that  are
protective of human  health and the environment, that
maintain protection  over  time, and  that minimize
untreated waste" (40 CFR 300.430(a) (1) ft)).  This goal
reflects CERCLA's  emphasis on  treatment  as the
preferred method of protection. However, recognizing
that  CERCLA tempers its emphasis on permanent
solutions and treatment through the addition of the
qualifier "to the maximum extent practicable," and
also contains the co-equal mandate for remedies to be
cost-effective, the NCP goes on to  state that,  in
general, "EPA expects to use treatment to address the
principal threats posed by a site, wherever practicable.
Principal threats for which  treatment is most likely to
be appropriate  include liquids, areas contaminated
with high concentrations  of toxic compounds, and
highly     mobile    materials"      (40    CFR
300.430(a)(l)(iii)(A)) (see  "A  Guide to Principal
Threat and Low Level  Threat Wastes, " Publication
9380.3-06FS, November 1991).

    At  the  same  time,  "EPA   expects  to  use
engineering controls, such as containment, for waste
that poses a relatively low  long-term threat or where
treatment is  impracticable,"  and to  combine these

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                                               Exhibit  1
                                   PROGRAM EXPECTATIONS
          Protection  of human  health  and the
  environment can be achieved through a variety  of
  methods: treatment to destroy or reduce the inherent
  hazards posed by hazardous substances, engineering
  controls (such as containment), and institutional
  controls to prevent exposure to hazardous substances.
  The NCP  sets out the types of remedies that are
  expected to result from the remedy selection process
  (Sec. 300.430(a)(l)(iii)).

  >•    Treat principal threats, wherever practicable.
       Principal threats for which treatment is most
       likely to be appropriate are characterized as:

      •   Areas    contaminated    with    high
          concentrations of toxic compounds;
      •   Liquids and other highly mobile materials;
      •   Contaminated media (e.g., contaminated
          ground water, sediment, soil) that pose
          significant risk of exposure; or
      •   Media      containing      contaminant
          concentrations several orders of magnitude
          above health-based levels.

  >•  Appropriate remedies  often  will  combine
     treatment and containment.  For a specific site,
     treatment  of the  principal  threats(s) may be
     combined  with  containment  of treatment
     residuals and low-level contaminated material.

  >•  Containment will be considered for wastes th at
     pose a relatively low long-term threat or where
     treatment is impracticable.   These  include
     wastes  that are near health-based levels, are
     substantially immobile, or otherwise  can be
reliably contained over long periods of time; wastes
that are technically difficult to treat or for which
treatment is  infeasible or unavailable; situations
where treatment-based remedies would result in
greater  overall  risk   to  human  health or  the
environment during implementation due to potential
explosiveness, volatilization,  or other  materials
handling problems; or  sites that are extraordinarily
large where the scope of the  problem may make
treatment of  all wastes  impracticable, such as
municipal landfills or mining sites.

>•  Institutional controls are most useful as  a
    supplement to engineering controls for short-
    and long-term  management.    Institutional
    controls (e.g., deed restrictions, prohibitions of
    well construction)  are important in controlling
    exposure during remedial action implementation
    and as a supplement to long-term engineering
    controls.  Institutional controls alone should not
    substitute for more active measures (treatment or
    containment) unless such  active measures are
    found to be impracticable.

>•  Innovative technologies should be considered
    if they offer the potential for comparable or
    superior  treatment performance, fewer/lesser
    adverse impacts,  or  lower costs for similar
    levels  of performance  than  demonstrated
    technologies.

>•  Ground  waters will  be  returned to their
    beneficial uses wherever practicable within a
    timeframe  that   is  reasonable  given  the
    particular circumstances of the site.
methods  and  use  of  institutional   controls,  as
appropriate, at sites with both types of contaminated
materials (40 CFR 300.430(a)(l)(iii)(B) and (C)).

    In addition,  "EPA expects to use institutional
controls such as water use and deed  restrictions to
supplement engineering  controls  as appropriate for
short- and long-term management to prevent or limit
exposure  to hazardous  substances,  pollutants,  or
contaminants. ... The use of institutional controls shall
not substitute for active response measures  (e.g.,
treatment and/or containment of source material,
restoration of ground waters to their beneficial uses) as
the sole remedy unless such active measures  are
determined  not to be practicable,  based  on  the
balancing of trade-offs among alternatives that is
conducted during the  selection of remedy" (40 CFR
300.430(a)(l)(iii)(D)).

    The NCP also contains the following expectation
for Ground Water Response Actions: "EPA expects to
return usable ground  waters to their beneficial uses

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whenever practicable, within a time  frame that  is
reasonable given the particular circumstances of the
site. When restoration of ground water to beneficial
uses is not practicable, EPA expects to prevent further
migration  of the plume, prevent  exposure to the
contaminated ground water, and evaluate further risk
reduction"  (40  CFR 300.430(a)(l)(iii)(F)).   This
recognizes  that  there  may  be   particular  site
circumstances (e.g.,  DNAPL in fractured bedrock)
where complete restoration will not be practicable.

    These Superfund program expectations guide the
development of remedial alternatives during the FS.
Although  cost is  not  a specific  element of the
Superfund program expectations, the recognition that
different   waste  management  approaches   (i.e.,
combinations   of   treatment,  containment,   and
institutional controls) may be appropriate at different
sites depending on the types of threats posed, reflects
a "built-in" sensitivity to the issue of cost in the
Superfund remedy selection process (e.g., large sums
of money should not be spent treating low-level threat
wastes). These expectations reflect EPA's belief that
certain source materials are generally addressed best
through treatment because of technical uncertainties
regarding the long-term reliability of containment  of
these materials,  and/or the serious consequences  of
exposure should a release occur.  These expectations
also reflect the conclusion that other source materials
generally can be reliably contained.
Screening of Alternatives

    The  NCP  describes  cost  as  one  of three
"screening" criteria (the others being effectiveness and
implementability)  used  to  identify  higher  cost
alternatives that should not be carried forward for
detailed evaluation. Alternatives may be screened out
if they:

1.  Provide  "effectiveness  and  implementability
    similar to that of another alternative by employing
    a similar method  of treatment or engineering
    control,  but   at   greater  cost"   (40   CFR
    300.430(e)(7)(iii)).

2.  Have costs that are "grossly excessive compared to
    [their]    overall   effectiveness"    (40   CFR
    300.430(e)(7)(iii)).    For  example,  the costs
    associated with treating a complex mixture of
    heterogeneous  wastes  without  discrete  hot
    spots   (e.g.,  a large municipal landfill) would
    likely be considered excessive  in comparison to
    the effectiveness of such treatment.  As a result, a
    treatment alternative for such a site would likely
    be  eliminated  from consideration  during the
    screening process.
    Cost estimates at the alternative screening stage
should  focus on relative,  rather than  absolute,
accuracy.   At the screening stage, it may also be
unnecessary to evaluate costs that are common to all
alternatives.
©  CONSIDERATION OF COST
DURING THE DETAILED ANALYSIS
OF ALTERNATIVES AND THE
IDENTIFICATION OF A  PREFERRED
ALTERNATIVE
    The purpose  of the  detailed analysis is to
objectively assess the alternatives with respect to nine
evaluation  criteria  that implement  the  statutory
provisions of CERCLA section 121.  This analysis
consists of an individual evaluation of each alternative
with respect to each criterion, and a comparison of
options designed to determine the relative performance
of the alternatives and identify major trade-offs among
them (i.e., relative advantages and disadvantages) with
respect to the same factors.

    The decision maker uses information assembled
and evaluated during the detailed analysis in selecting
a remedial action.   Cost estimates at the detailed
analysis stage  should capture all remedial costs and,
whenever possible, should provide an accuracy of +50
percent to -30 percent.  Sensitivity analysis may be
warranted if a cost estimate might vary significantly
with relatively  small  changes  in the underlying
assumptions, especially those concerning the effective
life of a remedial action, the O & M costs, the duration
of cleanup, site characteristics  (e.g., volume of
contaminated material), and the discount rate (RI/FS
Guidance, page 6-12).

    The actual  process  of selecting  a  Superfund
remedy  is the  decision  making   bridge between
development of remedial alternatives during the FS
and documentation of the selected remedy in a ROD.
The  process  begins with  the identification  of  a
preferred remedial  alternative  from  among those
developed in the FS.  This preferred alternative is then
presented to the public for comment in the form of a
Proposed Plan.   Based on  the  review  of public
comments, a final remedy selection decision is made
and documented in a ROD.

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    Cost  is  a  critical  factor  in  the process  of
identifying a preferred remedy.  In fact, CERCLA and
the NCP require that every remedy selected must be
cost-effective.  A brief summary of the relationship
between the nine remedy selection criteria and the five
principal statutory remedy selection requirements will
provide a useful context for a discussion of the role of
cost in the remedy  selection process.   For a more
detailed discussion of the nine criteria and the remedy
selection  process  in general,  see  EPA's Remedy
Selection Guidance.
Relationship Between the Nine Criteria
and  Statutory Requirements for
Remedy Selection

    During the  remedy  selection process,   nine
evaluation criteria are considered in distinct groups
which play specific  roles in working toward the
selection of a remedy that satisfies the five principal
statutory requirements.  The nine evaluation criteria
include two "threshold"  criteria, five  "balancing"
criteria (including cost), and two "modifying" criteria
(state and community acceptance), as  illustrated in
Exhibit 2.  The modifying criteria are considered to the
extent possible during the process leading up to and
including the Proposed Plan, and are fully considered
after public comments on that plan have been received.
Following  receipt  and  consideration  of  public
comments, including any new information they might
contain, the decision maker makes a final decision
which is documented in the ROD.

    The first two statutory requirements ~ protection
of human health and the environment, and compliance
with  ARARs  (unless a waiver is justified)  ~  are
embodied  in the two threshold criteria. A remedial
alternative must satisfy these two  requirements to be
eligible for further evaluation against the other seven
factors.

    Advantages and disadvantages  of alternatives that
satisfy the threshold criteria are balanced using the five
balancing criteria, and the two modifying criteria (if
there  is enough information to consider these latter
criteria in advance of the formal  public comment
process).  This balancing determines which option
represents the  remedy  that  utilizes  "permanent
solutions  and  alternative  treatment technologies or
resource recovery technologies to the maximum extent
practicable"  (MEP)   for  that   site    (40   CFR
300.430(f)(l)(ii) (E)). The decision maker considers the
statutory preference for treatment as an "overlay" to
inform and direct this balancing (id).
    The alternatives  are  also  separately evaluated
against  a  subset  of the  criteria to  make  the
determination of which option(s) satisfy the statutory
cost-effectiveness.  A remedial alternative is cost-
effective if its "costs  are proportional  to its overall
effectiveness" (40 CFR 300.430(f)(l)(ii)(D)).  Overall
effectiveness of a remedial alternative is determined by
evaluating the following three of the five balancing
criteria: long-term effectiveness  and  permanence;
 reduction in toxicity, mobility and volume (TMV)
through treatment; and short-term effectiveness (See
Exhibit 3). Overall effectiveness is then compared to
cost to determine whether the remedy is cost-effective
(id.).

    Cost considerations are therefore factored into the
balancing of alternatives in two ways.  Cost is factored
into   the determination  of cost-effectiveness,  as
described above. And, cost is evaluated along with the
other balancing criteria in determining which option
represents the practicable extent to which permanent
solutions  and   treatment  or  resource  recovery
technologies can be used at the site.  This balancing
emphasizes   two  of  the  five criteria  (long-term
effectiveness and permanence, and reduction of TMV
through treatment)  (40  CFR  300.430(f)(l)(ii)(E)).
However, in practice, decisions typically will turn on
the criteria that  distinguish the different  cleanup
options most. The expectations anticipate some of the
likely tradeoffs in several common situations, although
site-specific factors will always play a role.
The Role of  Cost in Determining
Whether to Waive ARARs

    Section  121  of CERCLA  specifies  that  all
remedial actions must "meet any Federal standards,
requirements,  criteria  or  limitations  that   are
determined to be legally applicable or relevant and
appropriate requirements." Specific statutes cited in
CERCLA that might present such an ARAR include
the Solid Waste Disposal Act, the Toxic Substances
Control Act, the  Safe Drinking Water Act, the Clean
Air  Act,  the Clean  Water  Act, and  the Marine
Protection Research and Sanctuaries Act. In addition
to the Federal ARAR requirement, remedial actions
must meet any applicable or relevant and appropriate
promulgated State standard, requirement, criterion or
limitation if it is more stringent than the corresponding
Federal  requirement.    As  previously discussed,
compliance with ARARs is one of the two threshold
criteria for the selection of a preferred remedy.

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                                            Exhibit 2
                       RELATIONSHIP OF THE  NINE CRITERIA
                            TO THE  STATUTORY  FINDINGS
                      NINE CRITERIA
                                                               STATUTORY FINDINGS
              PROTECTION OF HUMAN HEALTH
              AND THE ENVIRONMENT
              COMPLIANCE WITH ARARs
             LONG-TERM EFFECTIVENESS
             AND PERMANENCE

             TOXICITY, MOBILITY, OR
             VOLUME REDUCTION
             THROUGH TREATMENT

             SHORT-TERM EFFECTIVENESS
              IMPLEMENTABILITY
              COST
             STATE AGENCY ACCEPTANCE


             COMMUNITY ACCEPTANCE
    PROTECTION OF HUMAN HEALTH
    AND THE ENVIRONMENT
                                                           COMPLIANCE WITH ARARs OR
                                                           JUSTIFICATION OF A WAIVER
     COST-EFFECTIVENESS
     UTILIZATION OF PERMANENT
     SOLUTIONS AND TREATMENT OR
     RECOVERY TO THE MAXIMUM
     EXTENT PRACTICABLE ("MEP")
     PREFERENCE FOR TREATMENT AS A
     PRINCIPAL ELEMENT OR EXPLANATION AS
     TO WHY PREFERENCE NOT SATISFIED
    Cost is not a factor in the identification of ARARs.
However, CERCLA authorizes the waiver of an ARAR
with respect to a remedial alternative if any one of six
bases exist (See Exhibit 4).  As described below, cost
may be a  consideration with respect to determining
whether a  technical impracticability, equivalent level
of  performance,   or  Fund-balancing  waiver  is
warranted.

 1.  Technical Impracticability

    Cost is relevant to the technical impracticability
waiver, because engineering feasibility  is ultimately
limited by cost.   EPA has stated  that cost  can be
considered in evaluating technical impracticability,
although it "should generally play a subordinate role"
and should not be a major factor unless compliance
would be "inordinately costly" (55 FR at 8748, March
8, 1990). Thus, the role of cost in evaluating technical
impracticability is more limited than in the general
balancing  of tradeoffs with respect to the remedy
selection criteria, but cost may be  considered in certain
cases.
2.  Equivalent Level of Performance

    This waiver is available when an alternative will
provide a level of performance equivalent to that
required by the ARAR, but through an alternative
design or method of operation.   While cost is  not
considered in evaluating equivalence, this waiver can
provide cost-saving flexibility in selecting remedies.
Alternative, less expensive technologies that attain the
same outcome (e.g., concentration of residuals) should
be explored before concluding that a highly costly
approach must be adopted because it is an action-
specific ARAR.

3.  Fund Balancing

    For Fund-financed remedies, the fund-balancing
waiver  may be invoked when compliance with an
ARAR would not provide a balance between the need
to provide protection at a site and the need to address
other sites. EPA's policy is to consider this waiver
when the total cost of a remedy is greater than four
times the national average cost of remediating an
operable unit  (currently,  4x$10  million,  or $40
million), or in other  cases where "EPA determines

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                                          Exhibit 3
               ELEMENTS OF  THE CERCLA REMEDY  SELECTION
                    COST-EFFECTIVENESS  DETERMINATION
              LONG-TERM EFFECTIVENESS
                  AND PERMANENCE
          MAGNITUDE OF RESIDUAL RISK
          ADEQUACY AND RELIABILITY OF
          CONTROLS
            REDUCTION OF TOXICITY, MOBILITY,
            OR VOLUME THROUGH TREATMENT
          TREATMENT PROCESS USED AND
          MATERIALS TREATED
          AMOUNT OF HAZARDOUS MATERIALS DESTROYED
          OR TREATED
          DEGREE OF EXPECTED REDUCTIONS IN TOXICITY,
          MOBILITY, AND VOLUME
          DEGREE TO WHICH TREATMENT IS IRREVERSIBLE
          TYPE AND QUANTITY OF RESIDUALS REMAINING
          AFTER TREATMENT
              SHORT-TERM EFFECTIVENESS
          PROTECTION OF COMMUNITY DURING
          REMEDIAL ACTIONS
          PROTECTION OF WORKERS DURING
          REMEDIAL ACTIONS
          ENVIRONMENTAL IMPACTS
          TIME UNTIL REMEDIAL OBJECTIVES
          ARE ACHIEVED
^-  COST-  -^
 EFFECTIVENESS
COST
                     CAPITAL COSTS
                     OPERATIONS AND
                     MAINTENANCE COSTS
                     PRESENT WORTH COST
that  the  single site  expenditure  would place  a
disproportionate burden on the fund"  (55 FR at 8750).
Consideration  of Cost in  Determining
the Approach  to Complying with
ARARs

    Even when waivers are not available, the NCP
provides opportunity for cost-savings in achieving
cleanup goals. For example, the NCP requires cleanup
to relevant and appropriate Maximum Contaminant
Levels (MCLs) and non-zero MCL goals (MCLGs)
when remediating contaminated ground water whose
beneficial use is as a drinking water source. However,
the time frame over which the MCLs must be achieved
may be adjusted, depending on such factors as whether
the  aquifer  is  currently being used or likely to be
needed in the near future.  In some cases, allowing for
an extended time frame to achieve cleanup standards
provides the opportunity to develop less intensive,
lower cost alternatives.
O RECENT'SUPERFUND-REFORMS"
THAT"PROMOTE"COST-"
EFFECTIVENESS"

    The Administrative reforms announced in October
1995 include several initiatives that are intended, in
part, to control remedy costs and further facilitate the
achievement of cost-effective cleanup.
 National"Remedy"Review"Board"

    The  National Remedy Review  Board brings
 together senior EPA technical and policy experts to
 review and  make  recommendations on  proposed
 cleanup actions at sites where the estimated cost for the
 preferred alternative is more than $30 million, or more
 than $10 million and 50% greater than the cost of the
 least costly, protective, ARAR-compliant alternative.
 Regional  decision makers are expected to give the
 Board's recommendations substantial weight. However,
 other  important  factors may influence the  final
 Regional   decision,  such as  public comment  or
 technical analysis of remedial options.  This reform

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does not supersede any delegated decision making
authority.

Remedy'Selection "Rules"of'Thumb"and'
Management"Review'Triggers""

    Rules  of thumb  consist of key  principles and
expectations corresponding to three major policy areas
in the remedy  selection process:  assessment and
management of risk; treatment of principal threats
versus containment of low-level  threat waste; and
ground water response actions.  The  purpose of this
initiative is to promote consistent, reasonable, and
cost-effective decision making through  the appropriate
application of national policy and  guidance.   In
addition, EPA is developing a set of "Management
Review  Triggers"  that  will   flag  senior  EPA
management attention to specific aspects of proposed
remedies that should be examined closely to ensure
they are justified by site-specific conditions. Together,
rules of thumb and management triggers will become
part of a standard list of Superfund issues on which
Headquarters, Regions and States work together to
ensure appropriate application of national policy and
guidance.

Updating"Remedy"Decisions"

    The  purpose of  this reform is to  encourage
Superfund RODs. These updates are intended to bring
past remedy decisions into line with the current state
of knowledge with respect to remediation science and
technology, and in so doing to  improve the cost-
effectiveness  of site  remediation while ensuring
reliable protection of human health and  the appropriate
changes to remedies selected in existing environment.
The primary focus of the "Update" reform effort will
be ground  water sites, as ground water  science has
advanced a  great deal  since the inception of  the
Superfund program.  Three basic types of updates will
be emphasized, although other types of updates are not
excluded: a) where  new  remediation  technology is
available;  b)  where  remediation   objectives   or
approaches need revision; and c) where streamlining
of a ground water monitoring program is reasonable.
                     Exhibit"4"


        BASES"FOR"ARAR"WAIVERS"

         The  alternative is an  interim measure that will
         become part of a total remedial action that will attain
         theARAR;

         Compliance with the requirement will result in
         greater risk to human health and the environment than
         other alternatives;

         Compliance with the requirement  is  technically
         impracticable from an engineering perspective;

         The alternative will attain a standard of performance
         that is equivalent to that required under the otherwise
         applicable  standard, requirement,  or  limitation
         through use of another method;

         With respect to a state requirement, the state has not
         consistently applied, or demonstrated the intention to
         consistently apply, the promulgated requirement in
         similar circumstances at other remedial actions within
         the state; or

         For  Fund-financed  response  actions  only,   an
         alternative that  attains the ARAR will not provide a
         balance between the need for  protection of human
         health and the environment  at the  site and the
         availability of Fund monies to respond to other sites.
 NOTICE: The policies set out in this memorandum are intended solely as guidance. They are not intended, nor can they be relied upon, to create
 any rights enforceable by any party in litigation with the United States. EPA officials may decide to follow the guidance provided in this
 memorandum, or to act at variance with the guidance, based on an analysis of specific site circumstances.  The Agency also reserves the right to
 change this guidance at any time without public notice.

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